Adbul-Mumit v. Hyundai Motor America, Inc.

Filing 82

ORDER granting 59 Motion to Dismiss for Failure to State a Claim; granting 59 Motion to Dismiss for Lack of Jurisdiction; denying 73 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)

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.

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