Martin v. Volkswagen Group of America, Inc. et al
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
Northern District of California
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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
_____________________________________/
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The record supports that defendant Santander Consumer USA Inc. has not been served
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with the complaint in Martin, and more than 90 days have passed since the complaint was filed.
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(See MDL Dkt. No. 1567–1, Fuller Decl. ¶ 2.) Good cause for the failure to serve Santander has
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not been shown. The Court therefore GRANTS Santander’s motion to dismiss the action against
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it without prejudice. See Fed. R. Civ. P.4(m) (“If a defendant is not served within 90 days after
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the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must
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dismiss the action without prejudice against that defendant or order that service be made within a
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specified time.”)
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IT IS SO ORDERED.
Dated: October 11, 2019
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CHARLES R. BREYER
United States District Judge
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