A bit of additional schedule data about the case

I went to Judge Breyer's calendar to confirm that the July 26th hearing was still in place.

It is on the calendar for next Tuesday, scheduled for the entire day.

While I was looking, I thought I'd see what other meetings were on Judge Breyer's calendar. I found these two meetings:

Thursday, Aug 25 2016

08:00AM

3:15-md-02672-CRB - In re: Volkswagen Clean Diesel Marketing, Sales Practices, and Products Liability Litigation
Ex Parte Application
Ex Parte Application PSP
Further Case Mgmt Conference

Friday, Aug 26 2016
10:00AM

3:15-md-02672-CRB - In re: Volkswagen Clean Diesel Marketing, Sales Practices, and Products Liability Litigation
Motion to Dismiss
3:16-cv-00295-CRB - United States of America v. Volkswagen AG
Motion to Dismiss

Not being a lawyer, I'll leave it for others to comment on what will be done at an Ex-Parte Application related to this case.

But accepting a "motion to dismiss" probably can not be done in this case without final approval of the settlement. To my untrained eye, this seems to indicate that the case may be finalized and settled just 5 weeks from tomorrow (on 8/26). Of course, a hearing on that date doesn't automatically indicate that a ruling will occur then....but this case seems to be moving quickly and it could well happen.

It's possible that the first buybacks might happen in September. VW gets 90 days max to schedule buyback appointments, but letting too many stack up into a huge pile seems risky. I suspect they will be motivated to move promptly, least they get behind and fail to keep up with their 90 day processing time requirement.

With all the recent news that the defeat device has been in place since around 1999 and an integral part of the VW emission controls. Could this mean that July 26th is not the sign off date?

http://www.roadandtrack.com/new-cars/car-technology/news/a30029/vw-acoustic-function-defeat-device/

uncle fishhead said:

I went to Judge Breyer's calendar to confirm that the July 26th hearing was still in place.
It is on the calendar for next Tuesday, scheduled for the entire day.
While I was looking, I thought I'd see what other meetings were on Judge Breyer's calendar. I found these two meetings:
Thursday, Aug 25 2016
08:00AM
3:15-md-02672-CRB - In re: Volkswagen Clean Diesel Marketing, Sales Practices, and Products Liability Litigation
Ex Parte Application
Ex Parte Application PSP
Further Case Mgmt Conference
Friday, Aug 26 2016
10:00AM
3:15-md-02672-CRB - In re: Volkswagen Clean Diesel Marketing, Sales Practices, and Products Liability Litigation
Motion to Dismiss
3:16-cv-00295-CRB - United States of America v. Volkswagen AG
Motion to Dismiss
Not being a lawyer, I'll leave it for others to comment on what will be done at an Ex-Parte Application related to this case.
But accepting a "motion to dismiss" probably can not be done in this case without final approval of the settlement. To my untrained eye, this seems to indicate that the case may be finalized and settled just 5 weeks from tomorrow (on 8/26). Of course, a hearing on that date doesn't automatically indicate that a ruling will occur then....but this case seems to be moving quickly and it could well happen.
It's possible that the first buybacks might happen in September. VW gets 90 days max to schedule buyback appointments, but letting too many stack up into a huge pile seems risky. I suspect they will be motivated to move promptly, least they get behind and fail to keep up with their 90 day processing time requirement.

Click to expand...

Couldn't resist bringing Google into the discussion...

So......Perhaps the court will analyze any ex parte motions prior to dismissing the case to make sure they don't present a good rationale for rejection of the dismissal motion?