Porsche Seeks Dismissal of 3G Telematics Suit for Improper Service
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…
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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.