X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Plaintiff Tamerlane T. Bey II, proceeding pro se, filed this action on April 22, 2022, against Defendants Mazda Motor of America (“Mazda”), Denso Corporation, and Denso International America, Inc. (“Denso”). (Dkt. No. 1; “Compl.”) Bey’s 125-page complaint brings, in total, sixteen counts on behalf of himself and members of a variety of classes (specifically, a purported New York class, California class, and nationwide class). Bey’s claims are primarily based on state law, but also include one federal claim for violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §§2301, et seq. Mazda has filed a motion to dismiss under Federal Rules of Civil Procedure 12(b)(6) and 9(b), and Denso has filed a motion to dismiss under Federal Rules 8(a), 9(b), 12(b)(1), 12(b)(6), and 12(f). Bey did not file a responsive opposition to either Defendant’s motion, though he filed a letter in response to Denso’s motion to dismiss requesting that he be given “the opportunity to respond to ALL motions submitted by Defendant for this Courts Trial by Jury proceedings.” (Dkt. No. 28 at 2.) For the reasons that follow, Defendants’ motions to dismiss are granted. I. Background1 A. Fuel Pump and Recalls This case concerns allegedly defective low-pressure fuel pumps supplied by Denso to Mazda for use in the vehicles that Mazda manufactures and sells. (Compl. 1.) These pumps contain a plastic “impeller” that, due to excessive fuel absorption, may deform and fail. (Compl.

64-66, 70-71.) This failure, according to a report filed by Mazda with the National Highway Traffic Safety Administration (NHTSA), could result in failure of the engine to start, stalling at low speeds, and in some cases, stalling at high speeds which could lead to a crash. (Compl. 17.)2 Denso issued the first recall of these fuel pumps on April 27, 2020, in a Part 573 Safety Recall Report filed with NHTSA. (Compl. 3.) This report pertained to pumps manufactured between September 1, 2017, and October 6, 2018, and listed Mazda as one purchaser of the defective pumps. (Id.) It also said that any remedy would be determined by the vehicle manufacturers, such as Mazda. (Compl.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Position Summary: The Corporate General Counsel will manage and coordinate all legal and compliance matters affecting the company. The Gen...


Apply Now ›

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

The University of Iowa College of Law anticipates hiring lateral faculty members in the areas of Family Law and Business Law. APPLICATION ...


Apply Now ›