Judge Consolidates 2 N.J. 3G Telematics Cases for Pretrial Efficiency

U.S. Magistrate Judge Edward Kiel for New Jersey in Newark signed an order Friday granting the requests of all parties in two 3G telematics class actions against Volkswagen Group of America (VWGoA), U.S. distributor of Audi and VW vehicles, to consolidate their cases for pretrial efficiency (see 2302240001). The two cases, Raposa v. VWGoA (docket 2:22-cv-05896) and Raffo v. VWGoA (docket 1:22-cv-06230), are consolidated for “case management purposes, only,” said Kiel’s order. His order designated Raposa as the lead case and granted the two plaintiffs leave to file a consolidated complaint by March 24, with VWGoA’s response due May 19. Kiel scheduled a telephone status conference April 3 at 10:15 a.m. EDT. He also ordered the parties to file a joint letter by March 24, advising the court “of the status of the service of process or other actions” for the German parent companies of Audi and VW. The lawyer for both plaintiffs, Lee Squitieri of Squitieri & Fearon, previously told the court he tried to serve each of the German companies through VWGoA’s registered agent in Herndon, Virginia, but the agent told him service was improper. He’s now considering dismissing the German defendants voluntarily without prejudice, or serving them in Germany through diplomatic channels under the Hague Convention. Squitieri previously told the court the two cases “assert substantially similar claims" about the sunsetting of 3G cellular connectivity and resulting loss of connected services in certain VW and Audi vehicles. They're among about half a dozen class actions in various U.S. jurisdictions that allege some major automakers knew well in advance of AT&T’s decision to terminate its 3G wireless service, yet did nothing to modernize their in-vehicle telematics equipment and kept car-buying consumers in the dark about it.