Martin v. Volkswagen Group of America, Inc. et al

Filing 15

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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 United States District Court Northern District of California 11 12 IN RE: VOLKSWAGEN “CLEAN DIESEL” MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION _____________________________________/ MDL No. 2672 CRB (JSC) ORDER GRANTING MOTION TO DISMISS This Order Relates To: MDL Dkt. No. 1567 Martin, 3:16-cv-00712-CRB _____________________________________/ 13 14 The record supports that defendant Santander Consumer USA Inc. has not been served 15 with the complaint in Martin, and more than 90 days have passed since the complaint was filed. 16 (See MDL Dkt. No. 1567–1, Fuller Decl. ¶ 2.) Good cause for the failure to serve Santander has 17 not been shown. The Court therefore GRANTS Santander’s motion to dismiss the action against 18 it without prejudice. See Fed. R. Civ. P.4(m) (“If a defendant is not served within 90 days after 19 the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must 20 dismiss the action without prejudice against that defendant or order that service be made within a 21 specified time.”) 22 23 IT IS SO ORDERED. Dated: October 11, 2019 24 25 26 27 28 CHARLES R. BREYER United States District Judge

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