Tseng v. Volkswagen Group of America, Inc. et al
| Yu Tseng |
| Volkswagen Group of America, Inc. and Volkswagen Aktiengesellschaft |
| 2:2018cv02397 |
| December 19, 2018 |
| US District Court for the District of Nevada |
| Nancy J Koppe |
| Gloria M Navarro |
| Fraud |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 13 NOTICE TO TRANSFEREE JUDGE re: pending legal issue regarding subject matter jurisdiction and whether Defendant has established, by a preponderance of the evidence, that amount in controversy exceeds $75,000.00.Defendant Volkswagen Group of America, Inc. states the amount in controversy exceeds $75,000.00 because Plaintiff seeks damages in excess of $25,000.00 and appears to be seeking treble damages pursuant to the [Nevada Deceptive Trade Practices Act]. (Pet. for Removal paragraph 17, ECF No. #1 ); (Statement Regarding Removal paragraph 5, ECF No. #6 ). Defendant cites Nev. Rev. Stat. 598.0999(3) for the proposition that treble damages are an available remedy. However, the statute relates to penalties in criminal cases, and is not applicable in private civil actions. Thus, amount in controversy and subject matter jurisdiction remain at issue.IT IS HEREBY ORDERED that the Clerk of Court shall send a copy of this Notice to the Northern District of California. (ME) |
| Filing 12 TRANSMITTAL RETURN. Transferred case opened in Northern District of California as case 3:19-cv-00116 on 1/9/2019. (JM) |
| Filing 11 TRANSMITTAL of case to the District of Northern District of California. Case and docket sheet transferred electronically. (no image attached) (JM) |
| Filing 10 Certified MDL Conditional Transfer Order (CTO-147) transferring case to the Northern District of California. Signed by MDL on 1/4/2019. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 9 MDL Conditional Transfer Order (CTO-147) transferring case to the Northern District of California. Signed by MDL on 01/04/2019. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 8 TEXT Only MDL Minute Order re CTO-147 transferring case to the Northern District of California. (JM) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 1/3/2019. IT IS HEREBY ORDERED that Defendant Volkswagen Group of America, Inc. show cause as to why the Court should not remand this action to Clark County District Court for failure to satisfy the diversity jurisdiction requirements set forth in 28 U.S.C. 1332. Specifically, Defendant must show that the amount in controversy exceeds $75,000.00. Defendant shall have until January 17, 2019, to file a brief, not to exceed ten pages, demonstrating that the Court has subject matter jurisdiction over this action. Failure to comply with this Order will result in this case being remanded to Clark County District Court. IT IS FURTHER ORDERED that if Plaintiff wishes to address the jurisdictional issues implicated by this Order, Plaintiff shall have until January 17, 2019, to file a brief, not to exceed ten pages, discussing the concerns herein raised. (no image attached) (Copies have been distributed pursuant to the NEF - ME) |
| Filing 6 STATEMENT REGARDING REMOVAL by Defendant Volkswagen Group of America, Inc.. (Ellis, Emily) |
| Filing 5 MOTION to Stay Case by Defendant Volkswagen Group of America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ellis, Emily) |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 12/20/2018. By Deputy Clerk: Aaron Blazevich.This case has been assigned to the Honorable Chief Judge Gloria M. Navarro. Chief Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 12/19/2018. Statement regarding removed action is due by 1/3/2019. Joint Status Report regarding removed action is due by 1/18/2019. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 2 CERTIFICATE of Interested Parties by Volkswagen Group of America, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Volkswagen Aktiengesellschaft for Volkswagen Group of America, Inc. added. (Ellis, Emily) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-18-781134-P, (Filing fee $ 400 receipt number 0978-5366157) by Volkswagen Group of America, Inc.. Proof of service due by 12/13/2018. (Attachments: #1 Civil Cover Sheet)(Ellis, Emily) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge Nancy J. Koppe. (JM) |
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