Burton

I. BACKGROUND

26 On June 17, 2019, this Court granted without prejudice Defendants’ initial joint motion to 27 dismiss. See generally Order re MTD (dkt. 387). The initial consolidated complaints alleged that 1 Defendants agreed to “slow[ ] down the pace of innovation,” reducing the quality of their cars. Id. 2 at 1–2. But Plaintiffs provided only two specific examples. The first was an alleged agreement 3 that soft-top convertibles should only open or close at speeds under thirty-one miles per hour. Id. 4 at 2. The second example was a series of alleged agreements on the size of AdBlue tanks (AdBlue 5 is a substance that breaks emissions from diesel engines down into less harmful compounds). Id. 6 at 2–3. These allegations (like many in the initial complaints) were based on reports of 7 investigations by the European Commission’s competition department (“ECC”) and Germany’s 8 Federal Cartel Office into a possible antitrust cartel among Defendants. Id. at 3. Plaintiffs also 9 relied on VW and Daimler’s proffers to the ECC as part of that agency’s leniency program. Id. 10 VW’s proffer admitted agreements amongst the defendants about vehicle…