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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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