Faust v. General Motors Corporation
| Amy Faust |
| General Motors Corporation and Saturn |
| 8:2007cv00298 |
| August 6, 2007 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Douglas |
| F. A. Gossett |
| Laurie Smith Camp |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
111
ORDER granting 110 Motion to Withdraw as Attorney in case 8:07-cv-00298-LSC-FG3; granting 106 Motion to Withdraw as Attorney in case 8:08-cv-00079-LSC-FG3. The court will stop electronic notices to January L. Kerr in Cases Nos. 8:07cv298, 8:08cv78 and 8:08cv79. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00079-LSC-FG3Ordered by Magistrate Judge F. A. Gossett. (JAE)
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Filing
107
ORDER OF REFERENCE - The Notice of Bankruptcy 106 is judicially noted, and pursuant to NEGenR 1.5(a)(1), this case (8:07cv298 and 8:08cv79) is referred to the United States Bankruptcy Court for the District of Nebraska. This case (8:07cv298 and 8: 08cv79) shall be terminated for statistical purposes by the Clerk of the Court for the District of Nebraska. The Clerk of the Court for the District of Nebraska shall transmit the court file to the Clerk of the Bankruptcy Court for the District of N ebraska. The Clerk will send a copy of this order to the Clerk of the Bankruptcy Court for the Southern District of New York, as well as the Clerk for the Multi-District Litigation Panel. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00079-LSC-FG3Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(KBJ)
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Filing
103
AMENDED INITIAL PROGRESSION ORDER granting (101) Motion to Extend in case 8:07-cv-00298-LSC-FG3; granting (97) Motion to Extend in case 8:08-cv-00079-LSC-FG3. The Progression Order deadlines are extended as requested. Plaintiffs shall file their mot ion forclass certification on or before 12/30/2009. Defendants shall file their response no later than 1/30/2010, and plaintiffs are given until 3/1/2010 to file their reply brief. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
98
ORDER granting (97) Joint Motion for Protective Order in case 8:07-cv-00298-LSC-FG3. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
86
MEMORANDUM AND ORDER - The Defendants' Motion to Dismiss (Filing No. 70 in Lead Case No. 8:07cv298 and Filing No. 68 in Member Case No. 8:08cv79), seeking to dismiss the Plaintiffs' Consolidated Amended Complaint, is granted in part as follows: a. The implied warranty of merchantability claim of Plaintiff Stoffer is dismissed; b. The unjust enrichment claims of Plaintiffs Anderson, Bauer, Cardwell, Faust, Fowler, Menzer, Scott, and Stoffer are dismissed; c. The claim brought by Pla intiff Menzer under the California Unfair Competition Law is dismissed; and d. The claims brought by Plaintiffs Faust and Caldwell for injunctive relief under the Nebraska Deceptive Trade Practices Act are dismissed. Defendants' Motion to Dismiss is otherwise denied, and the Defendants shall respond to the Plaintiffs' Consolidated Amended Complaint on or before November 21, 2008. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Judge Laurie Smith Camp. (KBJ)
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Filing
82
ORDER - Case No. 8:08cv78 is dismissed, without prejudice, the parties to bear their own costs; The Clerk is directed to remove the reference to case No. 8:08cv78 from the caption of the consolidated action, MDL NO. 1920; and The Clerk will send a copy of this order to the Multi-District Litigation Panel. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00078-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(KBJ)
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Filing
81
ORDER - The Stipulation for Extension of Time (Filing No. 80 in 8:07cv298; Filing No. 86 in 8:08cv78; and Filing No. 75 in 8:08cv79) is approved and the relief requested therein is granted; and The Defendants shall file their reply in further support of the Motion to Dismiss the Consolidated Amended Complaint on or before September 26, 2008. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00078-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Judge Laurie Smith Camp. (KBJ)
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Filing
78
ORDER CERTIFYING QUESTION TO THE NORTH CAROLINA STATE SUPREME COURT - The United States District Court for the District of Nebraska certifies the following question of state law to the Supreme Court of North Carolina: Is a plaintiff's claim unde r the North Carolina Unfair and Deceptive TradePractices Act (NCUDTPA), N.C. Gen. Stat. § 75-1.1, et seq. barred byNorth Carolina's common law Economic Loss Rule when the plaintiff'sdamages are limited to the economic loss resulting fr om damage to theproduct itself? It appears to the Court that this issue of North Carolina state law may be determinative of this litigation, and there is no clear controlling North Carolina state law precedent. Furthermore, the issue presented for c ertification is likely to recur in the future if leftunresolved by the North Carolina Supreme Court. Because the decision regarding theapplication of North Carolina's Economic Loss Rule to recovery under the NCUDTPA directly affects the public i nterest in North Carolina, the issue is properly presented to the North Carolina Supreme Court for certification. Pending determination by the North Carolina Supreme Court as to whether or not it will accept for review the certified question, IT IS O RDERED: The clerk of this court is hereby directed to transmit forthwith to the North CarolinaState Supreme Court, under the official seal of the United States District Court for the District of Nebraska, a copy of this order. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00078-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(KBJ)
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