Mickey Gaines v. Volkswagen Group of America, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MDL No. 2672 CRB (JSC)

IN RE: VOLKSWAGEN “CLEAN DIESEL”

MARKETING, SALES PRACTICES, AND

PRODUCTS LIABILITY LITIGATION

ORDER GRANTING MOTIONS TO

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DISMISS

This Order Relates To: Dkt. Nos. 6330, 6332, 6333, 6334 11 _____________________________________/ 12 Volkswagen salespersons, in a proposed class action, contend that they were harmed by the company’s diesel scandal. Volkswagen and other defendants (who are alleged to have conspired with the company) have moved to dismiss the complaint. Because each claim in the complaint contains one or more pleading deficiencies, the Court GRANTS the motions. I. BACKGROUND1 Plaintiffs are three car salespersons who, at various times from 2010 to the present, have worked at Volkswagen dealerships in California. Their pay is almost entirely commission based: when they sell a car, they get a percentage of the dealer’s profits on the sale. An additional …