Abbasi v. Volkswagen Group of America, Inc. et al, No. 2:2016cv12956 - Document 17 (E.D. La. 2016)
Court Description: ORDER AND REASONS granting 8 Motion to Stay. This case is stayed and administratively closed. Plaintiffs will be permitted to re-urge their Motion to Remand once the Panel's determination is made. IT IS FURTHER ORDERED that the September 7, 2016 oral argument on Motion to Remand is CANCELLED. Signed by Judge Jane Triche Milazzo. (ecm)
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Abbasi v. Volkswagen Group of America, Inc. et al Doc. 17 . UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA KAMEEL ABBASI CIVIL ACTION VERSUS NO: 16-12956 VOLKSWAGEN GROUP OF AMERICA, INC., ET AL SECTION: “H”(5) ORDER Before the Court are Defendant’s Motion to Stay (Doc. 8) and Plaintiff’s Motion to Remand (Doc. 9). Defendants contend that this matter is ripe for transfer to the In re: Volkswagen “Clean Diesel” Multidistrict Litigation pending in the United States District Court for the Northern District of California. Accordingly, Defendants contend that this matter should be stayed pending transfer to the MDL court. Plaintiff disagrees, arguing that the Court should rule on his Motion to Remand before the Judicial Panel on Multidistrict Litigation decides whether transfer to the MDL is appropriate. The Court has reviewed both motions and finds that a stay is appropriate. Determining whether federal question jurisdiction exists requires evaluation of “the welter 1 Dockets.Justia.com of issues regarding the interrelation of federal and state authority and the proper management of the federal judicial system”1 Because there is a risk of inconsistent outcomes should this Court’s evaluation differ from that of the MDL Court, the MDL Court should decide the Motion to Remand. Accordingly; IT IS ORDERED that this case is STAYED AND ADMINISTRATIVELY CLOSED pending the MDL Panel’s determination regarding transfer. Plaintiffs will be permitted to re-urge their Motion to Remand once the Panel’s determination is made. IT IS FURTHER ORDERED that the September 7, 2016 oral argument on Motion to Remand is CANCELLED. New Orleans, Louisiana this 1st day of September, 2016. ____________________________________ JANE TRICHE MILAZZO UNITED STATES DISTRICT JUDGE Grable & Sons Metal Prods., Inc. v. Darue Eng’g & Mfg, 545 U.S. 308, 314 (2005) (internal citations ommited 1
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