Ford anticipates filing dual motions to compel arbitration and to dismiss when it answers plaintiff Michael Scriber’s putative 3G telematics class action April 24, said the automaker’s filing Monday (docket 3:22-cv-01716) in U.S. District Court for Southern California in San Diego. Scriber alleges the internet-enabled features, such as roadside emergency assistance, on his 2020 Ford Fusion Energi were rendered inoperable after AT&T’s 3G phaseout in 2022 (see 2211070032). Ford’s warranty manual makes no mention that Ford installed an inferior 3G modem in the vehicle, he alleges. Ford is analyzing “the impact of two arbitration agreements” related to Scriber’s class action, it told the court. Scriber’s class action is one of about a half dozen nationally that allege some of the major automakers did nothing to upgrade their vehicles’ telematics equipment despite having advance knowledge of AT&T’s 3G shutdown. BMW of North America was the first defendant automaker to answer any of the complaints, and did so by filing a motion to compel plaintiff Peter Grayson’s dispute to arbitration (see 2301310001).

The U.S. District Court for the District of Columbia dismissed a False Claims Act action brought by lawyers Mark O’Connor and Sara Leibman, who allege defendants fraudulently said Frequency Advantage was a “very small business” qualifying for “designated entity” status and a bidding discount in a 2015 spectrum auction. The case had been brought against UScellular and Frequency Advantage, along with other defendants, including Advantage Spectrum, King Street Wireless and Telephone and Data Systems. The court earlier dismissed the case but granted plaintiffs “leave to amend their allegations to allow them to attempt to proffer different allegations or transactions from those already in the public domain,” the court said: “The Amended Complaint fails to do so. The ‘core allegation’ Plaintiffs-Relators identify in their Amended Complaint is the same as in their original Complaint, which the court already held did not overcome the public disclosure bar. They proffer the same FCC filings and other public information from their original Complaint.”

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.

U.S. Magistrate Judge Edward Kiel for New Jersey in Newark scheduled a telephone conference Friday at 10:30 a.m. EST on the request from all parties in two 3G telematics class actions against Volkswagen Group of America (VWGoA) to consolidate their cases for pretrial efficiency (see 2302240001), said a text-only order Monday. The two cases, Raposa v. VWGoA (docket 2:22-cv-05896) and Raffo v. VWGoA (docket 1:22-cv-06230) assert “substantially similar claims" about the sunsetting of 3G cellular connectivity and resulting loss of connected services in certain Volkswagen and Audi vehicles, lawyers for VWGoA and the plaintiffs told the judge.

Plaintiff Peter Grayson voluntarily dismissed his 3G telematics claims against Porsche’s German parent company, said his notice Wednesday (docket 3:22-cv-06105) in U.S. District Court for New Jersey in Trenton. A week earlier, Porsche Cars North America (PCNA) and its parent asked the court to dismiss Grayson’s class action for failure to properly effect service of his complaint and summons on the defendants (see 2302130037). Both sides will bear their own court costs and fees, said the notice. The case against PCNA will apparently proceed. It’s one of about a half-dozen class actions pending in various jurisdictions seeking to hold automakers accountable for discontinuing in-vehicle reception of 3G network services like roadside assistance without telling consumers their vehicle telematics equipment wouldn't work after AT&T’s 3G shutoff (see 2211070032).

T-Mobile opposes plaintiffs Craigville Telephone and Consolidated Telephone's Jan. 26 motion to appoint a special pretrial master to help the parties manage discovery in the fake ringtone case (see 2301270006) because the plaintiffs’ “scorched earth discovery tactics” aren't a reason to appoint one, said its memorandum of law Wednesday (docket 1:19-cv-07190) in U.S. District Court for Northern Illinois in Chicago. Appointing a special master “is appropriate only if there exists an exceptional condition that cannot be effectively or timely addressed” by the court without outside help, said T-Mobile. The plaintiffs identify several past or pending discovery disputes, and some potential future disputes the court may need to address, and argue a special master is appropriate because the court’s docket is overburdened, it said. But that showing “is insufficient to warrant appointment of a general discovery master,” it said. The plaintiffs ask the court to infer that past and possible future discovery disputes “are somehow extraordinary” and that T-Mobile has been “intractable” and is withholding relevant documents, the carrier said. “This narrative is refuted by the record,” it said. “Indeed, nearly a year ago this Court (rightly) questioned why plaintiffs are overcomplicating discovery. Nothing has changed.” Docket congestion alone “is not a basis for a special master,” said T-Mobile. “But even if that were a factor in this case, the discovery motions filed to date have been resolved by the Court.” The discovery disputes, and any “concomitant delay,” have largely been driven by the plaintiffs’ “insistence on overcomplicating discovery and focusing on issues irrelevant to their claims and disproportionate to the needs of the case,” it said.

U.S. Magistrate Judge Edward Kiel for New Jersey in Newark set a telephonic initial scheduling conference for March 23 at 9:15 a.m. EDT in two related and consolidated class actions against Volkswagen Group of America, said his letter order Tuesday (dockets 2:22-cv-05896 and 2:22-cv-06230). Both complaints allege VW duped consumers by failing to disclose the vehicles they were buying had outdated telematics equipment onboard that would render their roadside assistance features unusable after AT&T shut down its 3G service. The complaints were filed in October, but VW hasn't answered either of them. They're among about a half-dozen similar complaints in various jurisdictions that allege some of the major automakers had advance knowledge of AT&T’s 3G shutdown but did nothing to upgrade their vehicles’ telematics, and failed to tell consumers about the impending loss of their roadside assistance services (see 2211070032).

U.S. Magistrate Judge Jeffrey Gilbert for Northern Illinois in Chicago set a Wednesday deadline for defendant T-Mobile to respond to the Jan. 26 proposal by plaintiffs Craigville Telephone and Consolidated Telephone to appoint a special pretrial master to help manage discovery for the rest of the case (see 2301270006), said a minute entry Monday (docket 1:19-cv-07190). The plaintiffs’ reply is due Feb. 28, said the entry. The fraud class action alleges T-Mobile inserted fake local ringback tones instead of connecting calls to rural areas of the U.S. that have expensive routing fees. The fake tone would make the caller think the recipient didn’t answer, when the call wasn’t actually delivered, the plaintiffs allege. T-Mobile’s alleged stonewalling sparked Craigville and Consolidated to ask for the special master to “ride herd” on discovery.

U.S. District Judge Michael Shipp for New Jersey in Trenton should dismiss plaintiff Peter Grayson’s class action for failure to properly effect service of his complaint and summons on defendant Porsche Cars North America (PCNA) and its “indirect parent,” Porsche AG, Matthew Goldberg of DLA Piper, outside counsel to PCNA, wrote the judge Friday (docket 3:22-cv-06105). Grayson’s is one of about a half-dozen class actions pending in various jurisdictions seeking to hold automakers accountable for discontinuing in-vehicle reception of 3G network services like roadside assistance without telling consumers because they failed to upgrade their telematics equipment in time for AT&T’s 3G shutoff (see 2211070032). Grayson’s return of service affidavits show service was untimely, Goldberg told the judge. The plaintiff didn't even deliver the summons to a process server until Feb. 3, and defendants weren't served until Feb. 7, three weeks after the Jan. 17 deadline, he said. Service on PCNA can't be made through Volkswagen Group of America as the plaintiff attempted because VWGoA isn't the registered or authorized agent of PCNA or Porsche AG, he said. Besides dismissal of Grayson’s complaint, Goldberg also asked the judge to strike the flawed affidavits from the record.

Plaintiff Peter Grayson risks having his class action dismissed Feb. 3 for failure to “effect service” of his complaint and summons on defendants Porsche and Volkswagen and their German parent companies within 90 days of filing his Oct. 17 action, said a notice Friday (docket 3:22-cv-06105) in U.S. District Court for New Jersey in Trenton. Grayson’s is one of about a half-dozen class actions pending in various jurisdictions seeking to hold automakers accountable for discontinuing in-vehicle reception of 3G network services like roadside assistance without telling consumers (see 2211070032). The complaints typically allege the automakers knew well in advance of AT&T’s planned phaseout of its 3G service in 2022, but did nothing to upgrade to more modern telematics equipment in their vehicles. Efforts to reach Grayson and his attorneys for comment were unsuccessful. Grayson is also the plaintiff in a nearly identical class action against BMW in U.S. District Court in Newark. The automaker is scheduled to answer Grayson's complaint in that case (docket 2:22-cv-6103) by Jan. 30.