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McCABE v. DAIMLER AG

Civil Action No. 1:12-cv-2494-TCB.

948 F.Supp.2d 1347 (2013)

Ronan McCABE, et al., Plaintiffs, v. DAIMLER AG and Mercedes-Benz USA, LLC, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

June 7, 2013.

Attorney(s) appearing for the Case

Cale Howard Conley , Ranse M. Partin , Conley Griggs Partin LLP, Matthew Q. Wetherington , Matthew Q. Wetherington , Atlanta, GA, Joseph M. Dunn , Neil A. Goro , Wigington Rumley Dunn & Ritch, L.L.P., San Antonio, TX, for Plaintiffs.

Andrew Thomas Bayman , Franklin P. Brannen, Jr. , Stephen B. Devereaux , King & Spalding, LLP, Atlanta, GA, for Defendants.

ORDER

TIMOTHY C. BATTEN, SR., District Judge.

This case comes before the Court on Defendants' motions to dismiss [16 & 31] and motions to strike the class allegations from the first amended complaint [17 & 32].

I. Background

This is a putative class action brought by residents of Georgia, Texas, Virginia, Florida, Illinois and California based on alleged defects in the fuel systems of 2003-2009 model year W211 E-Class Mercedes...

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