Martin v. Volkswagen Group of America, Inc. et al
Order by Judge Charles R. Breyer granting 8 Motion to Dismiss filed by Defendant Santander Consumer USA Inc. (crblc4, COURT STAFF) (Filed on 10/11/2019)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
Northern District of California
IN RE: VOLKSWAGEN “CLEAN DIESEL”
MARKETING, SALES PRACTICES, AND
PRODUCTS LIABILITY LITIGATION
MDL No. 2672 CRB (JSC)
ORDER GRANTING MOTION TO
This Order Relates To:
MDL Dkt. No. 1567
The record supports that defendant Santander Consumer USA Inc. has not been served
with the complaint in Martin, and more than 90 days have passed since the complaint was filed.
(See MDL Dkt. No. 1567–1, Fuller Decl. ¶ 2.) Good cause for the failure to serve Santander has
not been shown. The Court therefore GRANTS Santander’s motion to dismiss the action against
it without prejudice. See Fed. R. Civ. P.4(m) (“If a defendant is not served within 90 days after
the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must
dismiss the action without prejudice against that defendant or order that service be made within a
IT IS SO ORDERED.
Dated: October 11, 2019
CHARLES R. BREYER
United States District Judge
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