Ramirez v. IDD Cars, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HELDER RAMIREZ, Plaintiff, No. 23-CV-5716 (KMK) v. ORDER IDD CARS, LLC, et. al., Defendant.

KENNETH M. KARAS, United States District Judge: The Parties are directed to provide supplemental briefing of no more than five pages each, detailing whether Plaintiff’s claim satisfies the amount in controversy requirement for purposes of the Manguson-Moss Warranty Act (“MMWA”). Specifically, the Court requests briefing as to whether Plaintiff may claim $16,579.54—the total cost of the vehicle—where it is undisputed that that loss was mitigated by the ultimate repossession of the vehicle. Furthermore, Plaintiff is directed to provide briefing substantiating the $15,000 recovery Plaintiff alleges under the NY GBL. Finally, the Parties are also directed to brief the Court about the applicability of NY GBL § 349, which the Plaintiff relies on to meet the jurisdictional requirement of the MMWA, but which caselaw suggests does not apply to “private contract disputes.” Mohamed v. Nationstar Mortg., LLC, No. 20-CV-0216, 2024 WL 4132351, at *9 (E.D.N.Y. Sept. 10, 2024). All Parties’ briefing is due no later than May 9, 2025.

SO ORDERED.

Dated: April 25, 2025 White Plains, New York remnant ~— % KENNETH M. KARAS United States District Judge