Abdurahman et al v. Alexandria Hyundai, LLC, et al

Filing 126

ORDER granting 104 Motion to Dismiss for Failure to State a Claim; granting 104 Motion to Dismiss for Lack of Jurisdiction; denying 117 Motion to Remand to State Court; Case dismissed with prejudice and stricken from the active docket of the court. Signed by Judge Norman K. Moon on 1/23/2017. (mab)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION JOHN WILLIAM GENTRY, ET AL., Plaintiffs, v. CASE NO. 3:13–cv–00030 ORDER HYUNDAI MOTOR AMERICA, INC., JUDGE NORMAN K. MOON Defendant. ********************************** ALIM ABDURAHMAN, ET AL., Plaintiffs, v. CASE NO. 3:14–cv–00002 ORDER HYUNDAI MOTOR AMERICA, INC., ET AL., JUDGE NORMAN K. MOON Defendants. *********************************** JIHAD ADBUL-MUMIT, ET AL., Plaintiffs, v. CASE NO. 3:14–cv–00005 ORDER HYUNDAI MOTOR AMERICA, INC., ET AL., JUDGE NORMAN K. MOON Defendants. In accordance with the accompanying opinions applicable to the respective cases captioned above, it is ORDERED as follows:  In Gentry, the motion to dismiss is GRANTED in part and DENIED in part. Counts 2 and 3 and the corresponding class allegations are DISMISSED with prejudice. Count 1 is DISMISSED with prejudice to the extent it relies on allegations regarding fuel economy, but remains pending as to allegations regarding an on-board mileage calculator. The class allegations corresponding to Count 1 are DISMISSED, with prejudice as to a fuel economy class but without prejudice as to an on-board mileage calculator class.  In Abdurahman and Abdul-Mumit, the motions to remand are DENIED. The motions to dismiss those cases are GRANTED. Accordingly, those cases are DISMISSED with prejudice. The Clerk is requested to strike Abdurahman and Abdul-Mumit from the active docket of the Court. The Clerk is hereby directed to send a certified copy of this Order to all counsel of record. 23rd Entered this _____ day of January, 2017. –2–

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