Gillard

I. BACKGROUND

24 A. Factual Allegations 25 Plaintiff alleges that the direct-shift gearbox (“DSG”) transmissions in 2010-2012 Audi S4 26 and S5 vehicles (the “Class Vehicles”) are defective, causing sudden, rough, unexpected shaking 27 and violent jerking—also referred to as “juddering” or “shuddering”—when drivers attempt to accelerate, shift into second, third, or fourth gear, or decelerate. Dkt. No. 119 at ¶ 4. Plaintiff also alleges that Class Vehicles exhibit clunky downshifting and inhibited gear shifting. Id. According to Plaintiff’s Fourth Amended Complaint, the Class Vehicles were sold or leased subject to express and implied warranties, and Defendant knew or should have known about the safety hazard posed by the transmission defect before the sale of the first Class Vehicles. See id. at ¶¶ 3, 8. Plaintiff brings causes of action for breach of express warranty; violation of the Magnuson- Moss Warranty Act, 15 U.S.C.A. §§ 2301, et seq., and the Declaratory Judgment Act, 28 U.S.C. §§ 2201, et seq.; and equitable, injunctive, and declaratory relief. See generally id. A summary of the case’s procedural history is…