Sheryl Tenzyk v. American Honda Motor Co., Inc.

BACKGROUND

Plaintiffs filed this class action on November 1, 2018, generally alleging that the gear shifters in Honda’s 2016, 2017, and 2018 Civic vehicles are defective. (Compl. ¶¶ 1-4.) Tenzyk and Allen are both residents and citizens of New York. (Compl. ¶¶ 17-18.) They bring claims on behalf of the national class for (1) breach of express warranty, (2) breach of implied warranty, and (3) violation of the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. § 2301 et seq.; claims on behalf of the New York subclass

for (4) violation of the New York General Business Law (“NYGBL”) § 349, (5) violation of NYGBL § 350, (6) breach of implied warranty of merchantability, and (7) breach of express warranty under New York Uniform Commercial Code Law (“NYUCC”) §§ 2-313 and 2A-210 et seq.; and (8) a claim for equitable injunctive relief and declaratory relief on behalf of the national class. (Compl. ¶¶ 66- 152.) As relevant to this motion, approximately months prior to filing this class action complaint, Plaintiffs’ attorneys filed an action against Honda in the Central District of California. (Defs.’ Br., D.E. 17-5, at 5; see Floyd v. Am. Honda Motor Co.…