# Prevent U.S.A. Corporation v. Volkswagen AG

> District Court, E.D. Texas · July 11, 2024

URL: https://www.frixlaw.com/law-library/cases/10670331

## Case

- **Court:** District Court, E.D. Texas
- **Decided:** July 11, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10670331

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PREVENT U.S.A. CORPORATION, §
§
Plaintiff, §
§
v. § Case No. 2:22-CV-00506-JRG-RSP
§
VOLKSWAGEN AG; VOLKSWAGEN §
GROUP OF AMERICA, §
INCORPORATED, §
§
Defendants.
ORDER
Volkswagen previously filed a Renewed Motion to Dismiss (Dkt. No. 82.) Magistrate
Judge Payne entered a Report and Recommendation (Dkt. No. 125), recommending grant of
Volkswagen’s Motion to Dismiss. Prevent has now filed Objections (Dkt. No. 126).
After conducting a de novo review of the briefing on the Motion to Dismiss, the Report
and Recommendation, and the briefing on Prevent’s Objections, the Court agrees with the
reasoning provided within the Report and Recommendation and concludes that the Objections fail
to show that the Report and Recommendation was erroneous. Consequently, the Court
OVERRULES Prevent’s Objections and ADOPTS the Report and Recommendation and orders
that the Renewed Motion to Dismiss (Dkt. No. 82) is GRANTED.
Accordingly, all claims and causes of action asserted between Plaintiff and Defendants in
the above-captioned case are DISMISSED WITHOUT PREJUDICE based on forum non
conveniens.1
1 This dismissal is without prejudice to the underlying merits, although it is preclusive as to the defense of forum non
conveniens. See Baris v. Sulpicio Lines, Inc., 74 F.3d 567, 572 (5th Cir. 1996) (affirmed en banc by an equally
divided court, 101 F.3d 367). 9 Wright & Miller, Federal Practice and Procedure, § 2373, at 943-944; and § 4436, at
143-144.
Each party is to bear its own costs, expenses, and attorneys’ fees. All pending requests
for relief in the above-captioned case not explicitly granted herein are DENIED AS MOOT.
The Clerk of Court is directed to CLOSE the above-captioned case as no parties or
claims remain.

So ORDERED and SIGNED this 10th day of July, 2024.

RODNEY GILSTRAP \
UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10670331. Public record. Not legal advice.