In re: General Motors LLC Ignition Switch Litigation

Plaintiff:	Frances Ann Fagans, Madelaine Koppelman, David Young, Wayne Wittenberg, Shenyesa Henry, Paul Pollastro, GM Ignition Switch MDL Plaintiffs, Joseph Sylvester, Nathaniel Fagans, Roseann Hinds, Dawn Fuller, Paul Jenks, Brittany Vining, Reynaldo Spellman, Kellie Cereceres, Jerrod Pinkett and Thomas Linder
Defendant:	Delphi Automotive PLC, DPH - DAS LLC, GM Ignition Switch MDL Defendants, General Motors LLC, Takata Corporation, TK Holdings, Inc. and Takata Seat Belts, Inc.
Alternative Dispute Resolution (Adr) Provider:	Furukawa Electric Co., Ltd. and Celestine Elliott
Interested Party:	Goodwin Procter LLP
Case Number:	1:2014mc02543
Filed:	June 26, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Albany
Presiding Judge:	Jesse M Furman
Nature of Suit:	Other

Date Filed	Document Text
December 9, 2022	Filing 442 ORDER NO. 179 [Regarding Closure of the MDL]. This multidistrict litigation ("MDL") began in June 2014. See 14-MD-2543, ECF No. 1. Earlier today, the Court filed a Memorandum Opinion and Order granting summary judgment to New GM in the last remaining member case. See 14-MD-2543, ECF No. 8786. In light of that development, there is no longer a reason to keep these proceedings open. Accordingly, and with sincere thanks to all counsel for assisting the Court in steering this massive litigation to a conclusion, the Court directs the Clerk of Court (1) to close both 14-MD-2543 and 14-MC-2543; and (2) to send a copy of this Order to the Judicial Panel on Multidistrict Litigation with the suggestion that its parallel proceedings be closed too. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/9/22) (yv) Transmission to Attorney Services/Help Desk. Transmission to Office of the Clerk of Court for processing.
September 30, 2022	Filing 441 COMMON BENEFIT ORDER FUND DISBURSEMENT ORDER: NOW, THEREFORE, IT IS ORDERED that the $888,822 shall be disbursed from the Common Benefit Benefit Order Fund to Participating Counsel, as set forth in Exhibit A. The Clerk of Court is directed to terminate ECF No. 8776. (Signed by Judge Jesse M. Furman on 9/30/2022) (ate) Transmission to Finance Unit (Cashiers) for processing.
September 23, 2022	Filing 440 ORDER re: (8776 in 1:14-md-02543-JMF) MOTION for Disbursement of Funds Motion Seeking Authorization for Distribution to Participating Counsel From the Common Benefit Order Fund. filed by GM Ignition Switch MDL Plaintiffs, Set Deadlines/Hearing as to (8776 in 1:14-md-02543-JMF) MOTION for Disbursement of Funds Motion Seeking Authorization for Distribution to Participating Counsel From the Common Benefit Order Fund. The Plaintiffs' proposed briefing schedule is adopted that is, any opposition shall be filed by September 29, 2022, and any reply shall be filed by October 4, 2022. Additionally, by September 28, 2022, Plaintiffs are directed to submit, for in camera review if appropriate, an accounting of what remains in the Common Benefit Fund and an explanation of why the fees and costs sought now were not known or requested in their last application. SO ORDERED. :( Responses due by 9/29/2022, Replies due by 10/4/2022.) (Signed by Judge Jesse M. Furman on 9/23/22) (yv)
March 30, 2022	Filing 439 MEMO ENDORSEMENT on re: (8726 in 1:14-md-02543-JMF) Notice (Other) filed by General Motors LLC. ENDORSEMENT : Application GRANTED. SO ORDERED., (Attorney Barry E. Fields terminated.) (Signed by Judge Jesse M. Furman on 3/30/22) (yv)
February 17, 2022	Filing 438 ORDER NO. 179. [Amending the Restrictions on Use of Confidential and Highly Confidential Information]. Defendants and Lead Counsel for plaintiffs having consented thereto, and for good cause shown, Order No. 10 Paragraph 7(a) (Docket No. 294), as amended by Order No. 103 (Docket No.2901), is further amended to state as follows (changes in italic) and as further set forth in this Order. In addition, Order No. 10 Paragraph 8 (Docket No. 294), as amended by Order No. 103(Docket No. 2901), is further amended to state as follows (changes in italic) and as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/17/22) (yv)
December 15, 2021	Filing 437 COMMON BENEFIT ORDER FUND DISBURSEMENT ORDER. IT IS ORDERED that the $10,829,934.07 shall be disbursed from the Common Benefit Order Fund to Participating Counsel, as set forth in Exhibit A. The motion is granted as unopposed. The Clerk of Court is directed to terminate ECF Nos. 8676 and 8677. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/21) (yv) Modified on 12/15/2021 (yv).
October 1, 2021	Filing 436 MEMO ENDORSEMENT granting (8613 in 14md2543) Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to update the docket accordingly and to terminate ECF No. 8613. SO ORDERED., (Attorney William P Weintraub terminated.) (Signed by Judge Jesse M. Furman on 10/1/21) (yv)
May 28, 2021	Filing 435 ORDER APPROVING ECONOMIC LOSS CLASS COUNSEL APPROVAL OF ALLOCATION OF ATTORNEYS' FEES AND COSTS: IT IS ORDERED that the Motion is GRANTED. The allocation of fees and expenses among Participating Counsel in the amounts appearing in Exhibits A and B hereto is approved. Economic Loss Class Counsel may pay the fee and expense allocation within 30 days of this Order. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8415. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/28/2021) (kv) Transmission to Finance Unit (Cashiers) for processing.
May 19, 2021	Filing 434 OPINION AND ORDER re: (8415 in 1:14-md-02543-JMF) MOTION Approval of Allocation of Attorneys' Fees and Costs re: (8307) Order, Terminate Motions, Notice of Motion and Economic Loss Class Counsel's Motion for Approval of Allocation of Attorneys' Fees and Costs filed by GM Ignition Switch MDL Plaintiffs, (8387 in 1:14-md-02543-JMF) MOTION for Summary Judgment on the Claims of Norma Robinson as Administrator of the Estate of Cleon Davis. filed by General Motors LLC. For the reasons stated above, the first two sets of objections from the Objectors are overruled, but the Court reserves judgment on their third set of objections and, by extension, on Class Counsel's motion for approval of their proposed allocations of fees and costs pending the additional submissions described above. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/19/2021) (kv)
March 16, 2021	Filing 433 INTERNET CITATION NOTE: Material from decision with Internet citation re: #381 Order. (sjo)
February 18, 2021	Filing 432 NOTICE OF APPEARANCE by William R. Baldiga on behalf of GM Ignition Switch MDL Plaintiffs..(Baldiga, William)
February 18, 2021	Filing 431 NOTICE OF APPEARANCE by Andrew Preston Strehle on behalf of GM Ignition Switch MDL Plaintiffs..(Strehle, Andrew)
January 8, 2021	Filing 430 ORDER NO. 174 [Regarding Certain Economic Loss Actions Dismissed with Prejudice by the December 18, 2020 Final Order and Final Judgment]. IT IS ORDERED that by Monday, January 25, 2021, Stephen Yagman shall indicate in a filing made on the main MDL 2543 docket as well as in his individual docket the specific factual and legal bases as to why he believes the claims pled in his operative complaint are not released under the Settlement Agreement and dismissed with prejudice under the Final Order and Final Judgment. The Court notes that Mr. Yagman's name does not appear on the list of opt-outs determined to be valid in the Final Order and Final Judgment (ECF No. 8306 at 6, 17-19), and thus Mr. Yagman's filing shall address whether and how he timely and validly opted out of the Class Settlement. New GM shall file any response to Mr. Yagman's filing by February 5, 2021. Mr. Yagman shall file any reply by February 12, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/8/21) (yv)
January 8, 2021	Filing 429 MEMO ENDORSEMENT on re: (8327 in 1:14-md-02543-JMF) Letter proposed dates in connection with Rule 23(h) fee and cost allocation, filed by Economic Loss Plaintiffs. ENDORSEMENT: The proposed schedule is hereby adopted. That said, the Court will not, ex ante, authorize any filings to be made under seal or in camera. Counsel should make any application to file their submissions under seal or in camera in accordance with the Court's standard operating procedures and mindful of the presumption in favor of public access to judicial documents. In light of the presumption, counsel should seek to ensure that any proposed sealing is narrowly tailored -- i.e., that any information counsel believes should be filed under seal is either segregated and filed separately or is redacted from what is and can be filed publicly. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/8/21) (yv)
December 18, 2020	Filing 428 FINAL ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL OF THE ECONOMIC LOSS CLASS ACTION SETTLEMENT, CONFIRMING CERTIFICATION OF THE ECONOMIC LOSS SETTLEMENT CLASS, AND DISMISSING ALL ACTIONS WITH PREJUDICE: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Jurisdiction. The Court has personal jurisdiction over all Plaintiffs, the Class and all Class Members, New GM, the GUC Trust, and AAT, as well as subject matter jurisdiction over the claims asserted in the Fifth Amended Consolidated Complaint filed in In re: General Motors LLC Ignition Switch Litigation, Case No. 14-MD-2543 (JMF) on September 8, 2017 ("5ACC") and the Actions. Venue in the Southern District of New York is proper. As further set forth in this Order. Final Approval of Class Settlement. In accordance with its Final Approval Order, the Court hereby grants final approval to the Settlement Agreement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23(e). The Settlement Agreement provides ample benefits to the Class and avoids protracted litigation, among numerous other advantages. The Court finds that the Settlement Agreement, with respect to Class Members who are minors, lack capacity, or are incompetent, is fair, reasonable, and adequate. The Court authorizes the Parties to implement the terms of the Settlement Agreement and enjoins the Parties from failing to implement the terms. Overruling of Objections. The Class Member objection filed by Mr. Richard H. Warren (ECF No. 8122) is overruled. The objection filed by Ms. Kisha M. Davis, as personal representative of the estate of her mother, Class Member Mary L. Davis (ECF No. 8216), is also overruled. Class Certification for Settlement Purposes Only. As further set forth in this Order. Common Fund. Pursuant to the Settlement Agreement, all Settlement Implementation Expenses shall be paid from the Common Fund, which was established as a Qualified Settlement Fund under 468B(d)(2) of the Internal Revenue Code and Treasury Regulation 1.468B-1 pursuant to this Court's Preliminary Approval Order, by the court-approved Qualified Settlement Fund Administrator and Trustee, Flora Bian of JND; however, all such Settlement Implementation Expenses shall be paid from the Common Fund only upon either (i) written approval by Plaintiffs' Class Counsel, New GM, and the GUC Trust or (ii) leave of Court. The Court finds that, pursuant to Paragraph 88.a of the Settlement Agreement, following entry of the GUC Trust Approval Order, the Withdrawal Order, and the Preliminary Approval Order, New GM and the GUC Trust deposited, respectively, $8,800,000.00 and $2,000,000.00 into the Common Fund. As further set forth in this Order. Entry of Final Judgment. The Clerk of the Court is expressly directed to immediately enter this Final Order and Final Judgment in the Actions listed in Appendix C. The Clerk is further directed to terminate 14-MD-2543, ECF No. 8240 and 14-MC-2543, ECF No. 409 and to close Elliott, et al. v. General Motors LLC, et al., No. 14-CV-8382; Bledsoe, et al. v. General Motors LLC, No. 14-CV-7631; and Sesay, et al. v. General Motors LLC, et al., No. 14-CV-6018. As further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/18/2020) (ks)
December 18, 2020	Filing 427 ORDER APPROVING CLASS COUNSEL'S RULE 23(h) MOTION FOR APPROVAL OF AWARD OF ATTORNEYS' FEES AND EXPENSES AND SERVICE AWARDS TO LEAD PLAINTIFFS. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion is GRANTED. The Court further finds:The Court awards Plaintiffs' counsel (i) $24,585,272.06 in attorneys' fees and (ii) $9,914,727.94 to reimburse expenses incurred in connection with this litigation (and that have not been previously reimbursed from the Common Benefit Fund). Pursuant to the Settlement Agreement, New GM is ordered to pay the fees and costs no later than 30 days after the later of the Final Effective Date or the expiration of any appeal period or the resolution of any and all appeals relating to the Attorneys' Fees and Expenses award. The Class Representatives have devoted considerable time and effort to this litigation, including supervising counsel and responding to discovery. The result obtained for the Class would not have been possible without the participation of these Plaintiffs. The Court awards $2000 to Class Representatives who were deposed,4 and $1000 to Class Representatives who were not deposed. These Plaintiffs are identified in Exhibits A and B, respectively. The Court finds that these awards are reasonable, and fall squarely within the range approved for similar cases in this Circuit. See, e.g., Alaska Elec. Pension Fund, 2018 U.S. Dist. LEXIS 202526, at 17-18; Godson v. Eltman, Eltman, & Cooper, P.C., 328 F.R.D. 35, 60 (W.D.N.Y. 2018); Kindle v. Dejana, 308 F. Supp. 3d 698, 718 (E.D.N.Y. 2018); Jermyn v. Best Buy Stores, L.P., No. 08-CV-214 (CM), 2012 WL 2505644, at 8 (S.D.N.Y. June 27, 2012); AFTRA, 2012 WL 2064907, at *3. The Court declines to provide Service Awards to Lawrence and Celestine Elliott (see ECF No. 8201), who did not serve as Class Representatives. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8159. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/18/20) (yv)
December 18, 2020	Filing 426 MEMORANDUM OPINION AND ORDER re: #405 MOTION for Attorney Fees . filed by Goodwin Procter LLP. In sum, any claim to attorney's fees that Goodwin may have pursuant to the terms of its private engagement letter with Lead Counsel has no bearing on whether the Court should approve the Settlement Agreement. Nothing in the Settlement Agreement precludes Goodwin from pursuing such claims as part of the post-settlement allocation process or in a later and separate action for breach of the private engagement letter. And nothing in Order No. 42 (or Rule 23(h) of the Federal Rules of Civil Procedure) exempts Goodwin from the procedure that now applies to all counsel seeking a share of the fee award. Most importantly, Goodwin's concerns regarding the ultimate share of attorney's fees to which it may be entitled provide no basis for the Court to reject the Settlement Agreement as unfair, unreasonable, or inadequate for the class. To the contrary, Goodwin's requested relief would harm the very class members this Court is charged with protecting in its review of the Settlement Agreement. For these reasons, Goodwin's objection was overruled and its motion was denied. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8156 and 14-MC-2543, ECF No. 405. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/18/20) (yv)
December 3, 2020	Filing 425 DECLARATION of Elizabeth J. Cabraser in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)
December 3, 2020	Filing 424 REPLY MEMORANDUM OF LAW in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. Economic Loss Plaintiffs' Reply In Support of the Parties' Joint Motion for Final Approval of the Proposed Class Settlement and Plan of Allocation, and Certification of the Settlement Class. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)
December 3, 2020	Filing 423 REPLY MEMORANDUM OF LAW in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. . Document filed by General Motors LLC..(Bloom, Wendy)
November 24, 2020	Filing 422 ORDER: [Regarding Access to the December 18, 2020 Fairness Hearing, Which Will Be Conducted Remotely by Telephone Due to the COVID-19 Pandemic] On April 27, 2020, the Court preliminarily approved a proposed class action settlementin this litigation and scheduled a Fairness Hearing for December 18, 2020, at 9:30 a.m. as described in the preliminary approval order. See ECF No. 7877, Paragraph 39. In light of the COVID-19 situation, the Fairness Hearing scheduled for December 18, 2020 at 9:30 a.m. will be held by remotely by telephone using the Court's dedicated conference call system (not Court Call). At least forty-eight hours before the conference, Plaintiffs' Liaison Counsel shall email to the Court the names and telephone numbers of those who willhave speaking roles at the conference, and the Court will provide call-in information to Liaison Counsel to provide to those counsel. All others counsel who will not have speaking roles and members of the public may listen to the conference by calling (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow theprocedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-mfurman. Finally, the parties are ordered to ensure the MDL Website includes a copy of this Order and provides the relevant dial-in information for accessing the Fairness Hearing. SO ORDERED., ( Fairness Hearing set for 12/18/2020 at 09:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/24/2020) (ama)
November 23, 2020	Filing 421 DECLARATION of William P. Weintraub in Opposition re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by Goodwin Procter LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Weintraub, William)
November 23, 2020	Filing 420 RESPONSE in Opposition to Motion re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. Designated Bankruptcy Counsel/Participating Counsel Goodwin Procter LLP's: (1) Response to Opposition of Plaintiffs/Interim Class Counsel and Defendant General Motors LLC to Goodwin's Limited Objection to Settlement Agreement; (2) Limited Objection to Joint Motion for Final Approval of Settlement Agreement; (3) Limited Objection to Proposed Order re Payment of Attorneys' Fees and Expenses, and Proposed Final Judgment; and (4) Reservation of Rights. Document filed by Goodwin Procter LLP..(Weintraub, William)
November 10, 2020	Filing 419 *SELECTED PARTIES*DECLARATION of Wendy L. Bloom in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by General Motors LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: 8013 .(Bloom, Wendy)
November 10, 2020	Filing 418 DECLARATION of Wendy L. Bloom in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by General Motors LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Bloom, Wendy)
November 10, 2020	Filing 417 MEMORANDUM OF LAW in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. . Document filed by General Motors LLC..(Bloom, Wendy)
November 10, 2020	Filing 416 PROPOSED JUDGMENT. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve) Proposed Judgment to be reviewed by Clerk's Office staff.
November 10, 2020	Filing 415 PROPOSED ORDER. Document filed by GM Ignition Switch MDL Plaintiffs. Related Document Number: #409 ..(Berman, Steve) Proposed Order to be reviewed by Clerk's Office staff.
November 10, 2020	Filing 414 *SELECTED PARTIES*DECLARATION of Jennifer M. Keough in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs, General Motors LLC. Motion or Order to File Under Seal: #409 .(Berman, Steve)
November 10, 2020	Filing 413 DECLARATION of Jennifer M. Keough in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)
November 10, 2020	Filing 412 DECLARATION of Elizabeth J. Cabraser in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)
November 10, 2020	Filing 411 DECLARATION of Steve W. Berman in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)
November 10, 2020	Filing 410 MEMORANDUM OF LAW in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. . Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)
November 10, 2020	Filing 409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. Document filed by GM Ignition Switch MDL Plaintiffs. Return Date set for 12/18/2020 at 09:30 AM..(Berman, Steve)
November 10, 2020	***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #416 Proposed Judgment was reviewed and approved as to form. (km)
November 10, 2020	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #415 Proposed Order was reviewed and approved as to form. (km)
October 19, 2020	Filing 408 REPLY to Response to Motion re: #405 MOTION for Attorney Fees . Designated Bankruptcy Counsel/Participating Counsel Goodwin Procter LLPs (I) Reply to Economic Loss Plaintiffs Memorandum in Opposition to Goodwin Procter LLPs Motion for Payment of Fees and Reimbursement of Expenses; (II) Limited Objection to Settlement Agreement; and (III) Notice of Intent to Appear at Fairness Hearing. Document filed by Goodwin Procter LLP..(Weintraub, William)
September 28, 2020	Filing 407 DECLARATION of William P. Weintraub in Support re: #405 MOTION for Attorney Fees .. Document filed by Goodwin Procter LLP. (Attachments: #1 Exhibit A, #2 Exhibit B).(Weintraub, William)
September 28, 2020	Filing 406 MEMORANDUM OF LAW in Support re: #405 MOTION for Attorney Fees . . Document filed by Goodwin Procter LLP..(Weintraub, William)
September 28, 2020	Filing 405 MOTION for Attorney Fees . Document filed by Goodwin Procter LLP..(Weintraub, William)
September 28, 2020	Filing 404 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Goodwin Procter LLP..(Weintraub, William)
September 28, 2020	Filing 403 NOTICE OF APPEARANCE by William P Weintraub on behalf of Goodwin Procter LLP..(Weintraub, William)
September 3, 2020	Filing 402 NOTICE of Proof of Service re: #401 MOTION for The Potts Law Firm, LLP to Withdraw as Attorney .. Document filed by GM Ignition Switch MDL Plaintiffs..(Jensen, Eric)
September 1, 2020	Filing 401 MOTION for The Potts Law Firm, LLP to Withdraw as Attorney . Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Memorandum in Support of Motion to Withdraw as Counsel, #2 Declaration in Support of Motion to Withdraw as Counsel, #3 Exhibit A).(Jensen, Eric)
August 10, 2020	Filing 400 AMENDED OPINION AND ORDER. The Firms' motions are GRANTED in part and DENIED in part. In particular, the Court concludes that Order No. 42 applies to the Firms' clients' related unfiled claims and to state-court cases in which the Firms used Common Benefit Work Product, but it does not apply to state-court cases in which the Firms did not use Common Benefit Work Product. Further, the Court concludes that Order No. 42 is a permissible exercise of its inherent authority over this litigation and the parties and counsel appearing before it. Additionally, the Firms are ORDERED to review their files relating to each of their related state-court matters, including those not at issue here, to determine whether they used Common Benefit Work Product within the meaning of Order No. 42. No later than thirty days from the date of this Opinion and Order, each Firm must file an affidavit that (1) identifies its related state-court cases and (2) with respect to each, either confirms that the Firm did not use Common Benefit Work Product or concedes that it did. If the Court later concludes that a Firm incorrectly represented in its affidavit that it did not use Common Benefit Work Product, the Court will impose the assessment, plus appropriate sanctions. Finally, pursuant to Order No. 77, if Lead Counsel, the Firms, or New GM believe that sealed or redacted materials related to this motion should remain sealed or redacted, they shall file a letter brief regarding the propriety of doing so no later than one week from the date of this Opinion and Order. See ECF No. 1349, at 4. The Clerk of Court is directed to terminate ECF Nos. 7368 and 7398. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/20) (yv)
August 10, 2020	Filing 399 ERRATUM ORDER. The Opinion and Order docketed on August 7, 2020, see 14-MD-2543, ECF No. 8090; 14-MC-2543, ECF No. 397, contained an inadvertent error: The Firms must file the affidavit required by the Opinion and Order no later than thirty days from the date of the Opinion and Order, not within three weeks, as stated on the final page of the Opinion and Order. The Court will separately file an amended Opinion and Order, with that one change, later today. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/20) (yv)
August 10, 2020	Filing 398 ORDER NO. 173 [Regarding Motions to Dismiss for Failure to Comply with Discovery Obligations]. To avoid confusion, effective immediately, all timelines established for earlier Waves shall also apply to Wave Four and Wave Pool Plaintiffs, just as they applied to Plaintiffs in the prior Waves. In particular: New GM may not file a motion to dismiss for failure to comply with obligations under Order Nos. 25 and 108 unless and until the plaintiff fails to cure any defects within fourteen days of the filing of a notice of overdue discovery. Any plaintiff subject to a motion to dismiss without prejudice for failure to comply with such discovery obligations shall have fourteen days to oppose the motion or certify compliance, and New GM shall have seven days to reply. Any plaintiff who is dismissed without prejudice for failure to comply with such discovery obligations shall have thirty days from the date of dismissal to move to vacate the dismissal, provided he or she submits all required documentation or otherwise contests the dismissal. New GM may not file a motion to dismiss with prejudice for failure to comply with such discovery obligations unless and until the plaintiff fails to move to vacate the dismissal within thirty days. Any Plaintiff subject to a motion to dismiss with prejudice for failure to comply with such discovery obligations shall have fourteen days to oppose the motion or certify compliance, and New GM shall have seven days to reply. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/20) (yv)
August 7, 2020	Filing 397 OPINION AND ORDER [Regarding Common Benefit Assessments on State Cases and Unfiled Matters]. The Firms' motions are GRANTED in part and DENIED in part. In particular, the Court concludes that Order No. 42 applies to the Firms' clients' related unfiled claims and to state-court cases in which the Firms used Common Benefit Work Product, but it does not apply to state-court cases in which the Firms did not use Common Benefit Work Product. Further, the Court concludes that Order No. 42 is a permissible exercise of its inherent authority over this litigation and the parties and counsel appearing before it. Additionally, the Firms are ORDERED to review their files relating to each of their related state-court matters, including those not at issue here, to determine whether they used Common Benefit Work Product within the meaning of Order No. 42. No later than three weeks from the date of this Opinion and Order, each Firm must file an affidavit that (1) identifies its related state-court cases and (2) with respect to each, either confirms that the Firm did not use Common Benefit Work Product or concedes that it did. If the Court later concludes that a Firm incorrectly represented in its affidavit that it did not use Common Benefit Work Product, the Court will impose the assessment, plus appropriate sanctions. Finally, pursuant to Order No. 77, if Lead Counsel, the Firms, or New GM believe that sealed or redacted materials related to this motion should remain sealed or redacted, they shall file a letter brief regarding the propriety of doing so no later than one week from the date of this Opinion and Order. See ECF No. 1349, at 4. The Clerk of Court is directed to terminate ECF Nos. 7368 and 7398. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/7/20) (yv)
June 26, 2020	Filing 396 ORDER NO. 172: [Regarding Sealed and Redacted Filings]: The Court previously granted parties in this action permission to temporarily file documents under seal or in redacted form without first obtaining specific court approval and required that they contemporaneously file a notice that a document was filed under seal. ECF No. 4567 ("Order No. 133"). At the time that the Court issued Order No. 133, the Electronic Case Filing System in the Southern District of New York did not allow parties to restrict viewing access to a document filed on the docket, and it was therefore impossible for parties to file sealed or unredacted documents electronically. The Courts then-operative Individual Rules and Practices in Civil Cases therefore required parties to email unsealed and unredacted (clean and highlighted) versions of their filings to the Court. The Districts Electronic Case Filing System was recently changed to allow parties to restrict viewing access to documents filed on the docket, and the Court revised its Individual Rules and Practices in Civil Cases to reflect those changes. Going forward, parties should file any proposed sealed or redacted documents in accordance with Rules 7.C.ii-iv of the Court's Individual Rules and Practices in Civil Cases, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. For the reasons stated in Order No. 133, however, the parties may temporarily file documents under seal or in redacted form, and they therefore do not need to file a letter-motion seeking the Court's specific permission. Parties should link all sealed filings to this Order or to Order No. 133, in accordance with Rule 6.12 of the Electronic Case Filing Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. In light of the fact that a docket entry for any sealed or redacted filings will appear on the docket, the parties also need not file a notice that a document was filed under seal. Except to the extent modified here, Order No. 133 remains in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/26/2020) (jca)
June 1, 2020	Filing 395 ORDER NO. 170 [Regarding the Closure of Certain MDL 2543 Member Cases]... The Clerk of Court is directed close the cases listed in Exhibit A. Any party who believes that a case has been erroneously closed by this Order shall, no later than June 18, 2020, file a letter motion to re-open the case and explain why the case should remain open. Any party opposing a motion to re-open one of the cases closed pursuant to this Order shall file a response brief within 10 days after the motion to re-open is filed. Nothing in this Order shall be construed as a judgment under Federal Rules of Civil Procedure 54 or 58, nor shall this Order be construed as re-opening the time for seeking post-judgment relief or filing an appeal. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/1/20) (yv)
May 27, 2020	Filing 394 ORDER NO. 169: [Regarding Future Access to MDL Documents Production] For good cause shown, the Court adopts the following procedures for all remaining future personal injury/wrongful death ("PIWD") Plaintiffs to access MDL 2543 document productions, depositions and exhibits, and Common Benefit Work Product as further set forth herein. The Clerk of Court is directed to terminate ECF No. 7956. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/26/2020) (ks)
May 4, 2020	Filing 393 SUPPLEMENTING ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT, DIRECTING NOTICE UNDER RULE 23(E), AND GRANTING RELATED RELIEF in case 1:14-cv-02458-JMF; granting (7888 in 14-md-2543) Motion for Settlement in case 1:14-md-02543-JMF. IT IS HEREBY ORDERED AS FOLLOWS: The Court hereby preliminarily approves the revised provisions of the Amended Settlement Agreement, including the amended Class Notice exhibits (Exhibits 5, 11, 12, 16 and 17), for substantially the same reasons as stated in the Preliminary Approval Order. At the time that the Court entered the Preliminary Approval Order, the Court had already been informed of the terms of the agreement-in-principle with the AAT and finds that the incorporation of those terms in the Amended Settlement Agreement does not alter any of its previous findings. The Clerk of Court is directed to terminate ECF No. 7888. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 5/4/20) (yv)
April 27, 2020	***DELETED ENTRY. Deleted entry Class Action Certified. The entry was incorrectly filed in this case. (yv)
April 27, 2020	Filing 392 ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT, DIRECTING NOTICE UNDER RULE 23(E), AND GRANTING RELATED RELIEF granting #383 Motion for Settlement. IT IS HEREBY ORDERED AS FOLLOWS: The Court preliminarily approves the proposed Settlement Agreement, including the Allocation Decision, because the Parties have shown, and the Court concludes, that, pursuant to Federal Rule of Civil Procedure 23(e)(1)(B)(i), the Court will likely be able to grant final approval and find that the Settlement Agreement is fair, reasonable, and adequate, including that (i) Plaintiffs and Plaintiffs' Class Counsel have adequately represented the Class, (ii) the Subclass representatives and Allocation Counsel have adequately represented their respective Subclasses, (iii) the Settlement Agreement was entered into in good faith, free of collusion, through significant arm's-length negotiations assisted by the experienced Court-Appointed Economic Loss Settlement Mediator; (iv) the Allocation Decision was reached through arms-length negotiations and presentations from Allocation Counsel and then determined by the Court-Appointed Economic Loss Settlement Mediator; (v) the relief provided for the Class and each Subclass is adequate taking into account the costs, risks, and delay of trial and appeal and the effectiveness of distributing relief; and (vi) the Settlement Agreement and Allocation Decision treat Class Members equitably relative to each other. The Court authorizes establishment of the Common Fund in accordance with the terms of the Qualified Settlement Fund Trust Agreement, which is attached to the Settlement Agreement as Exhibit 7. The Common Fund is established as a "qualified settlement fund" within the meaning of Section 468B of the Internal Revenue Code and the Treasury Regulations thereunder. The Common Fund shall be operated in a manner consistent with the rules of Treasury Regulation Section 1.468B-1, et seq. The Court shall retain continuing jurisdiction and supervision over the Common Fund, in accordance with the terms of the Qualified Settlement Fund Trust Agreement. The Court appoints Flora Bian of JND Legal Administration as Qualified Settlement Fund Administrator and Trustee to carry out all duties and responsibilities of the Qualified Settlement Fund Administrator and Trustee as specified in the Settlement Agreement, the Qualified Settlement Fund Trust Agreement and herein. The Parties and the Motors Liquidation Company Avoidance Action Trust (the "AAT") shall file an amended Settlement Agreement (the Amended Settlement Agreement), no later than May 1, 2020, which, in consideration for the AAT's agreement to contribute $2.2 million to the Common Fund, shall include a provision releasing all potential claims against Old GM, the Old GM bankruptcy estate and the AAT, and otherwise be consistent with (i) the terms set forth in that Joint Letter, dated April 22, 2020, filed at Docket Number 7869 and (ii) the representations made on the record at the Joint Hearing held on April 23, 2020 before the Honorable Jesse M. Furman and the Honorable Martin Glenn. For the avoidance of doubt, and consistent with the Order (I) Approving the GUC Trust Administrator's Actions; (II) Approving the Settlement Agreement and the Release Agreement Pursuant to Federal Rule of Bankruptcy Procedure 9019 and (III) Authorizing Reallocation of GUC Trust Assets entered in the Bankruptcy Court (Dkt. 14730), any provisions in the Settlement Agreement preserving claims against Old GM, the Old GM bankruptcy estate and the AAT, including but not limited to paragraphs 142 and 143, are not preliminarily approved. The Court, for settlement purposes only, appoints the following Plaintiffs as interim class representatives for the Class as further set forth in this Order. The Court, for settlement purposes only, appoints the following Plaintiffs as interim representatives of each Subclass as further set forth in this Order. The Court appoints, for settlement purposes only, Steve W. Berman, of Hagens Berman Sobol Shapiro LLP and Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein, LLP as interim Class Counsel under Federal Rule of Civil Procedure 23(g)(3). Class Counsel are authorized to act on behalf of the Class with respect to all acts required by, or which may be given pursuant to, the Settlement Agreement or such other acts that are reasonably necessary to consummate the proposed Settlement set forth in the Settlement Agreement and as further set forth in this Order. The Court therefore approves the proposed Class Notice plan, and hereby directs that such notice be disseminated to Class Members in the manner set forth in the Settlement Agreement and described in the Declaration of the Class Action Settlement Administrator attached as Exhibit 14 to the Settlement Agreement under Federal Rule of Civil Procedure 23(e)(1). The Plaintiffs, New GM, and the GUC Trust are directed to take all necessary and appropriate steps to disseminate Class Notice, including Notice substantially in the forms of amended Exhibits 5 (Long Form Notice), 11 (Short Form Notice), and 12 (Summary Settlement Notice) to the Settlement Agreement. The Parties are further directed to ensure the MDL website provides a link to the Settlement website. The Court appoints Jennifer Keough of JND Legal Administration ("JND") as Class Action Settlement Administrator and directs Ms. Keough to carry out all duties and responsibilities of the Class Action Settlement Administrator as specified in the Settlement Agreement and herein. The Court authorizes the Class Action Settlement Administrator, through data aggregators or otherwise, to request, obtain and utilize vehicle registration information from the Department of Motor Vehicles for all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands and all other United States territories and/or possessions for the purposes of identifying the identity of and contact information for purchasers and lessees of Subject Vehicles. Vehicle registration information includes, but is not limited to, owner/lessee name and address information, registration date, year, make, and model of the vehicle. Pursuant to the Settlement Agreement, all Settlement Implementation Expenses, including but not limited to the costs of Class Notice and retention of the Class Action Settlement Administrator and the Qualified Settlement Fund Administrator and Trustee, shall be paid from the Common Fund, but only upon either (i) written approval by Plaintiffs Class Counsel, New GM, and the GUC Trust or (ii) leave of Court. The Court will hold a Fairness Hearing on December 18, 2020, at 9:30 a.m. in Courtroom 1105 of Thurgood Marshall United States Courthouse, located at 40 Centre Street, New York, NY 10007. The purpose of the Fairness Hearing will be to: (i) determine whether the proposed Settlement is fair, reasonable and adequate to the Class, and should be approved by the Court; (ii) determine whether judgment should be entered pursuant to the Settlement Agreement, dismissing the Actions with prejudice and granting the Class Members Release; (iii) determine whether the Class should be finally certified for purposes of settlement; (iv) consider any properly filed Settlement Objections; and (v) consider any other matters necessary in connection with the final approval of the Settlement Agreement. No later than November 9, 2020, i.e., the first business day more than 195 days after entry of this Order, the Parties and/or any Class Member supporting the Settlement may submit briefing and any related materials in response to any Settlement Objections and/or in support of the Settlement. Any opposition to final approval of the Settlement shall be filed by November 23, 2020; any reply shall be filed by December 3, 2020. Any submissions by the Parties shall be filed unless leave is obtained from the Court to file separately. No later than September 28, 2020, i.e., 154 days after entry of this Order, Class Counsel shall file a motion for Attorneys' Fees and Expenses in accordance with the terms of Section VIII of the Settlement Agreement. Any opposition shall be filed within two weeks of the motion; any reply shall be filed within one week of the opposition. The Court shall retain jurisdiction over the Settlement Agreement and the Actions pending before this Court to consider all further matters arising out of or connected with the Settlement. The Clerk of Court is directed to terminate ECF No. 7816. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 4/27/20) (yv)
April 27, 2020	Set/Reset Deadlines: ( Motions due by 9/28/2020.), Set/Reset Hearings:( Fairness Hearing set for 12/18/2020 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (yv)
April 20, 2020	Filing 391 MEMO ENDORSEMENT ON NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: The Clerk of Court is directed to remove Michele R. Sowers as counsel of record in 14-MD-2543, 14-MC-2543, and 19-CV-7190. SO ORDERED (Signed by Judge Jesse M. Furman on 4/20/2020) (ama)
April 20, 2020	Filing 390 ORDER. Per the Court's Emergency Individual Rules and Practices, the hearing scheduled in this case for April 23, 2020, at 9:30 a.m. will be conducted telephonically. The Court has arranged for the use of CourtCall, an independent conference call company, to enable the parties, counsel, and anyone interested (including members of the public and press) to attend remotely. Counsel for the parties must call CourtCall's reservation desk at (888) 882-6878, or make a reservation online at www.courtcall.com, no later than 4:00 p.m. Eastern Time on April 22, 2020. CourtCall will charge parties and counsel participating in the conference $35 for the first 45 minutes, and $7.50 for each 15-minute increment thereafter. The Court has received the parties' list of attorneys who will attend and speak at the conference. If there are any changes to these lists, the parties shall notify the Court no later than 1:00 p.m. on April 22, 2020. Any changes after that time may be made only with express leave of Court, which should be requested by email at Furman_NYSDChambers@nysd.uscourts.gov. To ensure public access to the conference, the Court has arranged for CourtCall to provide a toll-free number for members of the public and press to listen to the conference. Members of the public and press should call (855) 855-8556, and enter access code 587-8792, followed by the pound (#) key. There will be no charge for using this line. Anyone using this line will be in "listen-only" mode and will not be able to speak during the proceedings. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/20/20) (yv)
April 6, 2020	Filing 389 ORDER NO. 168: The undersigned and the Honorable Martin Glenn will hold a joint hearing on the above-referenced motions on April 23, 2020 at 9:30 a.m. Unless the Courts order otherwise, the hearing will be held by telephone in light of the current public health situation. The Courts will issue orders in due course explaining how to participate in, or listen to, the telephone conference. Counsel shall promptly and prominently post this Order and call-in information on the MDL website (www.gmignitionmdl.com). No later than 1:00 p.m. on April 16, 2020, Lead Counsel, counsel for New GM, and counsel for the GUC Trust shall provide this Court with a list of any participants who should be granted speaking privileges for the conference. Unless the Court orders otherwise for good cause shown by letter motion in advance of the conference, all other participants in the telephone conference will be in listen-only mode. In light of the foregoing, the Court concludes that other pending motions related to the Economic Loss Plaintiffs' claims can and should be terminated without prejudice to renewal in the event that the proposed settlement is not approved or otherwise consummated. The Clerk of Court is therefore directed to terminate 14-MD-2543, ECF Nos. 6065, 7095, and 7100. If counsel for any party believes that any other motion can and should be terminated, they shall so advise the Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/6/2020) ( Telephone Conference set for 4/23/2020 at 09:30 AM before Judge Jesse M. Furman.) (ks)
March 27, 2020	Filing 388 MEMORANDUM OF LAW in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES. . Document filed by General Motors LLC..(Godfrey P C, Richard)
March 27, 2020	Filing 387 DECLARATION of Layn R. Phillips in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)
March 27, 2020	Filing 386 DECLARATION of Elizabeth J. Cabraser in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES.. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A (Firm Resume)).(Berman, Steve)
March 27, 2020	Filing 385 DECLARATION of Steve W. Berman in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES.. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A (First Few Pages of Hagens Berman Firm Resume), #2 Exhibit B (Steve Berman Current Resume)).(Berman, Steve)
March 27, 2020	Filing 384 MEMORANDUM OF LAW in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES. . Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)
March 27, 2020	Filing 383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES. Document filed by GM Ignition Switch MDL Plaintiffs. Return Date set for 4/23/2030 at 09:30 AM. (Attachments: #1 Text of Proposed Order).(Berman, Steve)
March 27, 2020	Filing 382 SETTLEMENT AGREEMENT . Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit 1 (List of Economic Loss Actions), #2 Exhibit 2 (Allocation Decision), #3 Exhibit 3 (GUC Trust Approval Order), #4 Exhibit 4 (GUC Trust Approval Motion), #5 Exhibit 5 (Long Form Notice), #6 Exhibit 6 (Preliminary Approval Order), #7 Exhibit 7 (Qualified Settlement Fund Trust Agreement), #8 Exhibit 8 (Executed Release Agreement), #9 Exhibit 9 (Settlement Claim Form), #10 Exhibit 10 (Settlement Claim Review Protocol), #11 Exhibit 11 (Short Form Notice), #12 Exhibit 12 (Summary Settlement Notice), #13 Exhibit 13 (Withdrawal Order), #14 Exhibit 14 (Claim Administrator Declaration), #15 Exhibit 15 (CAFA Notice), #16 Exhibit 16 (Initial Press Release), #17 Exhibit 17 (Reminder Press Release)).(Berman, Steve)
March 4, 2020	Filing 381 ORDER NO. 167: Regarding Procedures and Schedule for Wave Four Targeted Discovery and Motion Practice and Additional Wave Pools to Address Remaining Personal Injury Claims -- Given the remarkable success of the "wave" process in this multidistrict litigation ("MDL") to date, the Court agrees with New GM that a Wave Four should be adopted to address the remaining personal injury and wrongful death claims (many of which were filed after the previous waves were adopted) and any new claims filed in the future. For good cause shown, the Court thus adopts the following schedule and procedures for Wave Four discovery of and motion practice regarding the remaining personal injury and wrongful death cases, as well any new claims that may be filed and consolidated going forward. That said, the Court is sympathetic to Lead Counsel's concerns regarding claims that have been pending in this MDL for a significant amount of time. See ECF No. 7783, at 3. To help ensure that such claims are advanced more quickly, with an eye toward settlement or remand, the Court would be open to adopting more "aggressive" procedures claims that were initially filed before January 1, 2017 (i.e., the first seven claims listed in ECF No. 7783-2), including but not limited to perhaps allowing "bilateral fact and expert discovery" for such claims. Id. at 5. Lead Counsel and counsel for New GM shall meet and confer to discuss the issue and, no later than March 13, 2020, submit an agreed-upon proposed order with respect to these claims or competing orders and letter briefs. Unless and until the Court adopts additional or different procedures for such claims, they shall be subject to the schedule and procedures set forth herein. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 3/4/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)
December 30, 2019	Filing 380 ORDER NO. 166: [Regarding the December 18, 2019 Status Conference] The Court, having held a status conference on December 18, 2019, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' tentative agenda letter (ECF No. 7619), as well as the Court's December 16, 2019 Order (ECF No. 7626), issues this Order to memorialize the actions taken and rulings made at the status conference. A status conference will be held Friday, January 31, 2020, at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the status conference, by Wednesday, January 8, 2020, New GM and counsel for plaintiff Sunita Bhandari will submit a joint letter proposing next steps for Ms. Bhandari's claims. Consistent with the procedures set forth in Order No. 72 (ECF No. 1237), New GM shall file a consolidated response to the Conner Plaintiffs' motion to vacate (ECF No. 7628) and any other timely motion that may be filed relating to the Courts November 21, 2019 order (ECF No 7474) by Monday, January 6, 2020. Plaintiffs' reply, if any, shall be filed by Monday, January 13, 2020. Consistent with the Court's comments at the status conference, by Wednesday, January 15, 2020, Lead Counsel and New GM shall submit a joint proposal or competing proposals regarding next steps for the economic loss plaintiffs. SO ORDERED. (Responses due by 1/6/2020, Replies due by 1/13/2020., Status Conference set for 1/31/2020 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/30/2019) (jca)
December 30, 2019	Filing 379 ORDER NO. 165. Mindful that applicable law sometimes requires approval before the claims of certain plaintiffs (such as minors) can be settled or compromised, the following procedures shall apply going forward as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/30/19) (yv)
December 12, 2019	Filing 378 OPINION AND ORDER re: (7055 in 1:14-md-02543-JMF) MOTION for Reconsideration re; (7019) Memorandum & Opinion, Economic Loss Plaintiffs' Motion for Reconsideration of the Court's August 6, 2019 Summary Judgment Opinion and Order or, in the Alternative, Motion for Cert filed by GM Ignition Switch MDL Plaintiffs. Plaintiffs fail to persuade the Court that it erred in its summary judgment ruling, and they certainly do not satisfy the strict standards that govern motions for reconsideration. Nevertheless, although the question is a close one, the Court concludes that certification of an interlocutory appeal is appropriate. The Court does not make this decision lightly. An interlocutory appeal (if the Second Circuit accepts it) would result in potentially lengthy delay, and this litigation is already in its sixth year, with no end in sight absent a settlement. But the Court is not infallible. And, in the judicial system of this Nation, it is not intended to be final. Cf. Brown v. Allen, 344 U.S. 443, 540 (1953) (Jackson, J., concurring) (observing that the Supreme Court is not final because [it is] infallible, but [is] infallible only because [it is] final). Yet, absent an interlocutory appeal, the Court might well have the only and thus final word on these important issues. Moreover, an interlocutory appeal would not necessarily mean a halt to the steady progress of this litigation. Even if the Second Circuit were to grant a petition for interlocutory appeal, the Court may well be able to move forward on other fronts. There are, after all, other disputes pending, see, e.g., ECF Nos. 7095 (New GM's renewed motion for summary judgment against Plaintiffs), 7100 (New GM's motion to exclude the opinions of another of Plaintiffs' experts), and Plaintiffs bring claims under the laws of forty-seven other states and the District of Columbia. Additionally, further settlement negotiations can and should proceed in the shadow of any interlocutory appeal. Indeed, in the Court's humble view, after five-plus years of litigation, hundreds of depositions, millions of documents exchanged in discovery, and untold trees felled and ink spilled by the parties and the Court, the parties should have enough data to agree on a settlement value for this litigation; the risks of delay and reversal are merely additional data to factor into the calculus. The parties should be prepared to address these issues - at least preliminarily - at the status conference on December 18, 2019. The Clerk of Court is directed to terminate ECF No. 7055. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/12/19) (yv)
November 15, 2019	Filing 377 ORDER, On November 14, 2019, the Potts Law Firm LLP ("Potts") filed a Motion for Declaratory Judgment on Assessments for State Filed and Unfiled Cases, along with a memorandum in support of that motion. See 14-MD-2543, ECF No. 7398. In light of the ongoing briefing with respect to a substantially similar motion filed by Bailey Cowan Heckaman PLLC ("BCH") on November 5, 2019, see 14-MD-2543, ECF No. 7368, the Court concludes that consolidated briefing would make sense. Accordingly, Lead Counsel shall file, no later than November 19, 2019, any opposition to both Potts's motion and BCH's motion, supported by a single memorandum of law not to exceed twenty-five pages, and Potts and BCH shall jointly file, no later than November 26, 2019, any reply in a single memorandum of law not to exceed fifteen pages. The Clerk of Court is directed to terminate ECF No. 7397 as duplicative. SO ORDERED. (Responses due by 11/19/2019, Replies due by 11/26/2019.) (Signed by Judge Jesse M. Furman on 11/15/2019) (kv)
November 8, 2019	Filing 376 MEMORANDUM OPINION AND ORDER: re: (7204 in 1:14-md-02543-JMF) MOTION for Declaratory Judgment On Assessments For State Filed and Unfiled Cases filed by ALL PLAINTIFFS. For the foregoing reasons, the Court holds that Order No. 42 applies to all settlements resolving claims asserted by L&E's clients that were part of the master settlement agreements submitted to this Court, without regard for whether those claims were pending in state court or no court at all. Accordingly, L&E's motion for a declaratory judgment is DENIED. That said, the dispute between L&E and Lead Counsel and the new motion filed by BCH, see supra note 2, raise the question of whether Order No. 42 should be clarified or otherwise modified (for example, to expand its application, if appropriate, to the full extent of the Court's jurisdiction and authority to impose common benefit fund assessments). The Court did not need to resolve the disagreements between L&E and Lead Counsel over the interpretation and scope of Order No. 42 only because L&E's clients invoked the Court's jurisdiction by voluntarily submitting their settlements to the Court. In the next dispute (perhaps BCH's), the Court may have to confront those issues - and, in any event, counsel and parties negotiating settlements should understand whether those settlements will be subjected to a common benefit fund assessment under Order No. 42. Counsel - including L&E and BCH - should confer and, within two weeks of this Memorandum Opinion and Order, submit a joint letter to the Court with respect to whether Order No. 42 should be clarified or modified and, in the event of disagreement, proposing a procedure to resolve the issue. The Clerk of Court is directed to terminate ECF No. 7204. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/08/2019) (ama)
November 8, 2019	Filing 375 ORDER: Upon reflection, in light of the Thanksgiving holiday, the deadlines set forth in ECF No. 7373 are modified as follows: any opposition to the Motion for Declaratory Judgment on Assessments for Missouri State-Court Filed and Unfiled Cases filed by Bailey Cowan Heckaman PLLC (the "Firm") shall be filed no later than November 19, 2019; the Firm shall file any reply by November 26, 2019. (Signed by Judge Jesse M. Furman on 11/8/2019) (ab)
November 7, 2019	Filing 374 ORDER with respect to [7368 in 14-md-2543] Motion for Declaratory Judgment. On November 5, 2019, Bailey Cowan Heckaman PLLC (the "Firm") filed a Motion for Declaratory Judgment on Assessments for Missouri State-Court Filed and Unfiled Cases. See 14-MD-2543, Docket No. 7368. Any opposition to the Firm's Motion by Lead Counsel, New GM, or otherwise shall be filed no later than two weeks from the date of this Order. The Firm's reply, if any, shall be filed no later than one week thereafter. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/7/19) (yv)
October 11, 2019	Filing 373 ORDER REGARDING NEXT STEPS FOR REMAINING WAVE THREE CLAIMS, The Court adopts the following schedule and procedures for the remaining Wave Three cases subject to one or more notices or motions under Order No. 160. By Friday, November 1, 2019, New GM may file on the main MDL and individual dockets a notice identifying Ms. Jessica Perry (Case No. 1:18-cv-1459) as a plaintiff who it believes should be dismissed on the basis of airbag deployment. By Friday, November 29, 2019, counsel for Ms. Perry shall file on the main MDL and individual dockets: (1) a notice of intent to voluntarily dismiss the claim; (2) a notice of intent to withdraw as counsel; or (3) a notice of intent to press Ms. Perry's claims, along with the factual basis as to why the plaintiff believes dismissal is not appropriate. 3. By Friday, December 6, 2019, if either of the first two options in Paragraph 2 is taken, Ms. Perry shall file on the main MDL and individual dockets a voluntary dismissal, or her counsel shall move to withdraw. If the third option in Paragraph 2 is taken, the parties shall meet and confer, and by Friday, December 13, 2019, shall file joint or competing letters proposing next steps for Ms. Perry's claims. Wave Three discovery schedule was extended by agreement such that (a) fact discovery depositions will begin on Thursday, January 9, 2020 and will be open until Friday, May 8, 2020; (b) plaintiffs' expert reports and reliance materials will be due on Friday, June 5, 2020; and (c) depositions of plaintiffs' experts will be taken by Friday, July 3, 2020. By Friday, July 10, 2020, the parties shall file joint or competing letters proposing next steps for Ms. Williams claims. On Friday, December 13, 2019, limited fact discovery shall commence as to the thirteen remaining Wave three plaintiffs whose claims New GM identified in its Statute of Limitations notice (Docket No. 6945). Discovery may include document requests, third-party subpoenas, and depositions, but only insofar as this discovery is related to New GM's statute of limitations defenses. This discovery period shall close on Thursday, February 13, 2020. By Friday, March 13, 2020, New GM may file on the main MDL and individual dockets a summary judgment motion or motions seeking dismissal of the thirteen Wave Three plaintiffs whose claims it identified in its Statute of Limitations notice (Docket No. 6946). By Friday, March 27, 2020, counsel for plaintiffs shall file on the main MDL and individual dockets their response(s) to New GM's motion(s) for summary judgment. By Friday, April 10, 2020, New GM shall file on the main MDL and individual dockets their reply or replies in support of their motion(s) for summary judgment. By Friday, November 22, 2019, New GM may file on the main MDL and individual dockets a summary judgment motion or motions seeking dismissal of the six Wave Three plaintiffs whose claims it identified in its Statute of Repose notice (Docket No. 6946). By Friday, December 6, 2019, counsel for plaintiffs shall file on the main MDL and individual dockets their response(s) to New GM's motion(s) for summary judgment. By Friday, December 20, 2019, New GM shall file on the main MDL and individual dockets their reply or replies in support of their motion(s) for summary judgment. SO ORDERED., (Deposition due by 7/3/2020., Discovery due by 2/13/2020., Fact Discovery due by 12/13/2019., Motions due by 3/13/2020., Responses due by 3/27/2020, Replies due by 4/10/2020.) (Signed by Judge Jesse M. Furman on 10/11/19) (yv)
October 8, 2019	Filing 372 ORDER: The status conference currently scheduled for December 12, 2019, is hereby ADJOURNED to December 18, 2019, at 9:30 a.m. EST. Counsel shall promptly update the MDL website accordingly. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/8/2019) ( Status Conference set for 12/18/2019 at 09:30 AM before Judge Jesse M. Furman.) (ks)
October 4, 2019	Filing 371 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE. Plaintiffs (See Exhibit "A"), by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Confidential Master Settlement Agreement entered into by the parties, hereby gives notice of their voluntary dismissal with prejudice of all their actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The Plaintiff listed on Exhibit "B" is not being dismissed at this time. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to docket this in the cases listed in Exhibit A and to terminate the plaintiffs listed in Exhibit A as parties in both 14-MD-2543 and their respective member cases. The Clerk of Court is further directed to close any member case listed in Exhibit A in which all plaintiffs have been terminated. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/3/19) (yv)
October 2, 2019	Filing 370 MEMO ENDORSEMENT granting (7213 in 14-md-2543) Motion for Order Permitting Submission of Memorandum and Declaration in Support of Motion to Withdraw Under Seal and In Camera in case 1:14-md-02543-JMF; granting (12 in 19-cv-6094) Motion for Order Permitting Submission of Memorandum and Declaration in Support of Motion to Withdraw Under Seal and In Camera in case 1:19-cv-06094-JMF. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 7213 and 19-CV-6094, ECF No. 12. (Signed by Judge Jesse M. Furman on 10/2/19) (yv)
September 27, 2019	Filing 369 ORDER. On September 27, 2019, Langdon & Emison, LLC, counsel to many Plaintiffs in this multidistrict litigation, filed a Motion for Declaratory Judgment on Assessments for State-Court Filed and Unfiled Cases. See 14-MD-2543, Docket No. 7204. Any opposition to the Firm's Motion by Lead Counsel, New GM, or otherwise shall be filed no later than two weeks from the date of this Order. Langdon & Emison, LLC's reply, if any, shall be filed no later than one week thereafter. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/27/19) (yv)
August 27, 2019	Filing 368 LETTER addressed to Judge Jesse M. Furman from D. Blayne Honeycutt dated 08/27/19 re: Notification Removal. Document filed by Blayne Honeycutt.(Honeycutt, David)
August 21, 2019	Filing 367 ORDER NO. 164: Consistent with the Courts comments and discussion with the parties at the status conference, by Thursday, September 12, 2019, New GM shall provide to Lead Counsel its proposal for addressing whether and to what extent the parties' submissions in connection with themotions for summary judgment, class certification, and Daubert can remain sealed or redacted. The parties must meet and confer by no later than Thursday, October 3, 2019, and submit a joint letter on this issue setting forth their position(s) by no later than Thursday, October 10, 2019. (And as further set forth in this Order.) SO ORDERED. (Motions due by 9/5/2019., Responses due by 10/7/2019, Replies due by 10/18/2019., Status Conference set for 12/12/2019 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/21/2019) (jca)
August 19, 2019	Filing 366 PRO SE MEMORANDUM(NOTICE OF EMAIL ADDRESS CHANGE), re: CHANGE OF ADDRESS for Sylvia Garcia. New Address: P.O. Box 972, Pharr, Texas, 78501. (sc)
August 6, 2019	Filing 365 OPINION AND ORDER: In the final analysis, the Court's task here is not to decide what makes sense as a matter of policy. Cf. MyFord Touch, 291 F. Supp. 3d at 971 (citing "policy reasons to afford Plaintiffs a reasonable opportunity to posit damages based on a more flexible approach to economic theory"). Nor is it even to evaluate whether Boedeker's analysis passes muster as a matter of economic theory. Instead, it is to apply the substantive law of each Bellwether State. As discussed, that law requires that benefit-of-the-bargain damages be calculated based on the difference in market value between the product as warranted and the product as sold and defines market value as the product of both a consumer's willingness to pay and a merchants willingness to sell, when neither are under any compulsion to do so. Applying that law, the Court is compelled to conclude that Boedeker's analysis does not, without more, suffice to prove that any of the Bellwether State Plaintiffs suffered benefit-of-the-bargain damages based on a difference in value. Because there is no more that is, Plaintiffs point to no other evidence from which a factfinder could find damages based on a difference in value there is an "absence of evidence" on an "essential element" of Plaintiffs' claims for such damages. Goenaga, 51 F.3d at 18. Accordingly, the Court must grant New GMs motion for summary judgment on the named Plaintiffs' claims to the extent they seek damages measured as the difference in value between their cars as bargained-for and their cars as received. In their various motion papers, the parties have briefed many other issues, including but not limited to the viability of various claims and/or other damages theories (such as Plaintiffs' bankruptcy-fraud claims, their claims for "lost time" damages' the claims of Plaintiffs who purchased Old GM or used vehicles, the claims of Plaintiffs who disposed of their vehicles before the recalls, and the claims of Plaintiffs whose vehicles are subject to "service parts" vehicle recalls), the effectiveness of New GMs recalls and repairs, the availability of injunctive relief, class certification, and the admissibility of certain experts' testimony. In light of the ruling above, however, the Court will refrain from reaching such issues pending discussion between and with the parties and, possibly, new briefing. It does so because the ruling almost certainly moots some of the remaining issues and, with respect to the issues that are not mooted (for example, class certification), the ruling changes the landscape in dramatic ways that may call for new briefing. On top of that, and given that changed landscape, it may well make sense for the parties to revisit the issue of settlement. And, of course, Plaintiffs may petition for certification of an interlocutory appeal. In short, even though the parties have spilled considerable ink briefing other issues, the Court concludes, as a matter of efficient case management, that it makes more sense to stop where it has than to go on.The parties should immediately meet and confer with respect to the implications of this Opinion and Order and be prepared to address the next steps for both this litigation and the pending motion to withdraw the bankruptcy reference in 19-CV-1852 (JMF) or, at a minimum, a process for determining the next steps at the status conference on August 15, 2019.18 The Clerk of Court is directed to docket this Opinion and Order in 14-MD-2543, 14-MC-2543, and 19-CV-1852, and to terminate 14-MD-2543, ECF Nos. 5845, 5854, 5858, 6062, 6065, 6067, 6069,6108, 6110, 6114, 6116, and 6118. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/6/2019) (jca)
April 29, 2019	Filing 364 ORDER NO. 163 [Regarding Modifications to Agreed Preservation Order Nos. 2-6]: The Court, having received and reviewed the parties' April 25, 2019 request to modify or withdraw the Agreed Preservation Orders governing New GM's obligations for maintaining and preserving recalled parts covered by certain National Highway Traffic Safety Administration ("NHTSA") Recall Campaigns (Docket No. 6708), HEREBY ORDERS, ADJUDGES, and DECREES that the following Agreed Preservation Orders shall be modified and/or withdrawn as follows: Agreed Preservation Order No. 2 (Docket No. 279) Withdrawn except as to the preservation obligations relating to parts covered by NHTSA Recall Campaigns 14V-118 and 14V-153, which remain operative; Agreed Preservation Order No. 3 (Docket No. 344) Withdrawn and dissolved in its entirety; Agreed Preservation Order No. 4 (Docket No. 403) Withdrawn and dissolved in its entirety; Agreed Preservation Order No. 5 (Docket No. 605) Withdrawn and dissolved in its entirety; and Agreed Preservation Order No. 6 (Docket No. 880) Withdrawn except as to the preservation obligations relating to parts covered by NHTSA Recall Campaigns 14V-346 and 14V-394, which remain operative. Should any party to this litigation object to the foregoing modifications and/or withdrawals, such objection(s) shall be filed on the main MDL docket within twenty-one (21) days of the entry of this Order, and shall specify the particular recall campaign preservation obligation that is the subject of the objection, as well as the basis for that objection. (Signed by Judge Jesse M. Furman on 4/29/2019) (ne)
April 12, 2019	Filing 363 LETTER from Marjorie Creamer, dated 4/8/19 re: Non-party Marjorie Creamer requests that the Court Clerk please file the attached copies of documents(as indicated) concerning her Motion for Entry of Default from the U.S. District Court for the District of Kansas. (sc) . (Additional attachment(s) added on 4/12/2019: #1 Exhibit) (sc). Modified on 4/12/2019 (sc).
April 8, 2019	Filing 362 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure and the Confidential Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the In re: General Motors Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate Mr. Phillips, listed on Exhibit A, as a plaintiff in his case. (Signed by Judge Jesse M. Furman on 4/8/2019) (jca)
March 8, 2019	Filing 361 ORDER NO. 162 [Regarding Next Steps For 18 Post-Sale Personal Injury Claims]: By Friday, March 15, 2019, New GM will provide Lead Counsel a list of plaintiffs it has identified as those it believes should be subject to dispositive motion practice in light of the Court's December 28, 2017 Opinion and Order. See In re GM LLC Ignition Switch Litig., 2017 WL 6729295, at *1 (S.D.N.Y. Dec. 28, 2017). By Friday, March 22, 2019, New GM and Lead Counsel shall submit a joint letter (and, if appropriate, a proposed order) with respect to how the Court should address the claims of those plaintiffs. By Friday, March 29, 2019, the parties are to meet and confer and provide the Court joint or competing lists of plaintiffs who may be eligible for Suggestion of Remand No. 1. By Monday, April 15, 2019, Lead Counsel and Counsel for New GM shall submit to the Court a joint letter addressing the parties' recommendations as to the proper venue for remand or transfer of each of the plaintiffs subject to Suggestion of Remand No. 1. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 3/8/2019) (ne)
March 6, 2019	Filing 360 ORDER NO. 161 [Regarding the March 1, 2019 Status Conference]: A status conference will be held Thursday, April 18, 2019, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments on the record at the status conference, the Economic Loss Plaintiffs must file their opposition to New GM's "Motion to Withdraw the Reference of Economic Loss Plaintiffs' Rule 23 Motion," No. 19-CV-1852 (JMF), Docket No. 1, by March 22, 2019. New GM shall file its reply by March 29, 2019. (Responses due by 3/22/2019, Replies due by 3/29/2019. Status Conference set for 4/18/2019 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/6/2019) (ne)
February 26, 2019	Filing 359 ORDER NO. 160 [Regarding Next Steps for Remaining Post-Sale Personal Injury Claims]: By Friday, May 31, 2019, each Wave Three plaintiff shall refile his or her complaint or an amended complaint in this Court and pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a), or be dismissed without prejudice. Targeted, case-specific fact discovery of Wave Three plaintiffs shall commence on Wednesday, May 1, 2019, and shall conclude by Friday, September 20, 2019. Wave Three plaintiffs shall present their expert witnesses for deposition on or before Monday, December 2, 2019. By Wednesday, July 10, 2019, New GM will file its motion to dismiss Wave Three claims that New GM believes should be dismissed for failure to state a claim. Plaintiffs desiring to amend their complaints will file amended complaints on their respective individual dockets by Monday September 23, 2019. By June 15, 2019, Plaintiffs shall depose New GM's experts. By Friday, April 19, 2019, New GM shall file any motions to exclude Plaintiffs' expert under Federal Rule of Evidence 702 and Daubert and for summary judgment on the issue "of whether an unintended ignition switch and/or key rotation could have and did occur prior to air bag deployment." The motions shall be supported by a single, consolidated memorandum of law not to exceed thirty-five pages. By Friday, May 17, 2019, Plaintiffs shall file any opposition, supported by a single, consolidated memorandum of law not to exceed thirty-five pages; By Friday, June 7, 2019, New GM shall file any reply, in the form of a single, consolidated memorandum of law not to exceed fifteen pages. (Admissions due by 9/23/2019. Deposition due by 12/2/2019. Fact Discovery due by 9/20/2019. Motions due by 7/10/2019. Responses due by 5/17/2019. Replies due by 6/7/2019.) (Signed by Judge Jesse M. Furman on 2/26/2019) (ne)
February 15, 2019	Filing 358 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the people in Exhibit A as plaintiffs in their cases and, if no plaintiffs remain, to close those cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/15/2019) (ne)
January 4, 2019	Filing 357 SCHEDULING ORDER: In light of the unavailability of Lead Counsel and the prospect that the Government shutdown may continue, the status conference scheduled for January 23, 2019 is hereby ADJOURNED to March 1, 2019 at 9:30 a.m. Counsel shall promptly update the MDL website to reflect the new date and time. In light of that adjournment, the deadline for the parties to submit a letter regarding next steps for personal injury plaintiffs, see Docket Nos. 6272, 6337, is hereby EXTENDED to February 22, 2019. SO ORDERED. (Status Conference set for 3/1/2019 at 09:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/4/2019) (jca)
December 14, 2018	Filing 356 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Lashauna Rosebure by and through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants in the above listed action. Costs taxed as paid. The Clerk of Court is directed to terminate Ms. Rosebure as plaintiff in both 14-MD-2543 and her respective member case, and in the event all other parties have been terminated, to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/2018) (ne)
December 13, 2018	Filing 355 ORDER NO. 159 [Regarding the End of the Bellwether Trial Process for Personal Injury and Wrongful Death Cases]: As far as the Court is concerned, the settlement of the last two bellwether cases set for trial brings to a close the bellwether trial process in the MDL. That said, the parties should meet and confer with respect to whether the Court should schedule any additional bellwether trials in light of the settlements. The parties should be prepared to address that issue and, more broadly, the next steps for the remaining cases in Phase 2, Category C - including but not limited to whether or when those cases should be remanded (or transferred) to their respective transferor court - at the next status conference, which is currently scheduled for January 23, 2019. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/12/2018) (ne)
November 28, 2018	Filing 354 ORDER NO. 158 [Regarding Application of the Court's Conclusions to the Fifth Amended Consolidated Complaint]: Accordingly, and for good cause shown, the Court ORDERS as follows: I. APPLICATION OF THE COURT'S CONCLUSIONS OF LAW TO THE 5ACC. A. Statutory Consumer Fraud Claims: Plaintiff Janelle Davis's statutory consumer fraud claim is dismissed with prejudice pursuant to the Court's September 12, 2018 order (Docket No. 6028), subject to Plaintiff's right to appeal. (See 5ACC Paragraph 152). B. Unjust Enrichment Claims: The following Plaintiffs' unjust enrichment claims are dismissed with prejudice pursuant to the Court's September 12, 2018 order (Docket No. 6028), subject to Plaintiffs' right to appeal. (Paragraph citations are to the 5ACC.) II. NO ANSWER TO THE 5ACC REQUIRED. No answer or other response to the 5ACC is required under the Court's prior orders. (See, e.g., Order No. 114 IV, Docket No. 3431; Order No. 131 Paragraph 12, Docket No. 4499; Docket No. 4522 (making clear that the only changes from the Fourth Amended Consolidated Complaint to the 5ACC were to substitute plaintiffs, not to substantively alter any allegations or claims)). SO ORDERED. (Signed by Judge Jesse M. Furman on 11/27/2018) (ne)
November 8, 2018	Filing 353 ORDER NO. 157 [Regarding the November 2, 2018 Status Conference]: The Court, having held a status conference on November 2, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' October 26, 2018 tentative agenda letter and the Court's November 1, 2018 Order (Docket Nos. 6220, 6250), issues this Order to memorialize the actions taken and rulings made at the status conference. I. NEXT STATUS CONFERENCE: A status conference will be held Wednesday, January 23, 2019, at 9:00 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Upon reflection, the Court agrees with Lead Counsel that it is appropriate to set at least a tentative date for the economic loss bellwether trial. Unless and until the Court orders otherwise, trial will begin on Monday, January 13, 2020, at 9:00 a.m. (For now, the Court is allotting a maximum of five weeks for the trial.) The parties should be prepared to address at a future status conference a proposed schedule for pretrial deadlines. V. SETTLEMENT: Consistent with the Court's comments at the Status Conference, the parties should continue to keep the Court apprised of developments regarding settlement. SO ORDERED. (Jury Trial set for 1/13/2020 at 09:00 AM before Judge Jesse M. Furman., Status Conference set for 1/23/2019 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/8/2018) (ne)
October 4, 2018	Filing 352 ORDER NO. 156 [Regarding Next Steps for Pre-Sale Non-Ignition Switch Plaintiffs Subject to Order No. 148 Motions or Notices]: On June 22, 2018, the Court entered Order No. 152, directing Lead Counsel and counsel for New GM to meet and confer and submit joint or competing letters to the Court regarding next steps for certain Pre-Sale plaintiffs who filed amended and severed complaints pursuant to the Order No. 148 motions and notices process. (See Order No. 152, Docket No. 5789, at Paragraph 4.) On September 26, 2018, after meeting and conferring, Lead Counsel and counsel for New GM submitted a joint letter proposing next steps for these plaintiffs. The Court hereby adopts and orders the following procedures. 2. "No Plausibly Pleaded Defect/Causation" Cases: By Wednesday, December 5, 2018, with respect to the Pre-Sale Non-Ignition Switch Plaintiffs' operative complaints, New GM may file on the main MDL docket motions to dismiss the claims of those Pre-Sale Non-Ignition Switch Plaintiffs (if any) that New GM believes fail to state a claim under Federal Rule of Civil Procedure 12(b)(6). By Wednesday, January 9, 2019, counsel for Pre-Sale Non-Ignition Switch Plaintiffs included in the motions shall file on the main MDL docket (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims (specifically identifying which plaintiffs intend to amend their complaints). By Tuesday, January 29, 2019, those Pre-Sale Non-Ignition Switch Plaintiffs who agree to dismiss their claims will file voluntary dismissals, and counsel for Pre-Sale Non-Ignition Switch Plaintiffs who intend to withdraw will file motions to withdraw. 3. Statute of Limitations/Repose Cases: By Wednesday, December 5, 2018, with respect to the Pre-Sale Non-Ignition Switch Plaintiffs' operative complaints, New GM may file on the main MDL docket a notice identifying which claimants (if any) it believes are barred by the applicable statutes of limitation or repose. By Wednesday, January 9, 2019, counsel for Pre-Sale Non-Ignition Switch Plaintiffs included in the notice shall file on the main MDL docket (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the basis as to why those plaintiffs believe their claims are not barred. By Tuesday, January 29, 2019, those Pre-Sale Non-Ignition Switch Plaintiffs who agree to dismiss their claims will file voluntary dismissals, and counsel for Pre-Sale Non-Ignition Switch Plaintiffs who intend to withdraw will file motions to withdraw. (As further set forth in this order) SO ORDERED. (Motions due by 1/29/2019.) (Signed by Judge Jesse M. Furman on 10/4/2018) (ne)
September 12, 2018	Filing 351 OPINION AND ORDER: In short, for all jurisdictions in dispute, the Court finds that manifestation is not required to bring statutory consumer protection, common-law fraud, and implied warranty claims. Second, for all but six of the jurisdictions in dispute, the Court finds that Plaintiffs may recover lost-time damages where "lost time" is understood as lost earnings or its equivalent, but not where "lost time" is understood as "lost personal time." In Colorado, New York, Ohio, Utah, Virginia, however, Plaintiffs may also recover lost personal time under the states' consumer protection statutes, and in Oklahoma, Plaintiffs may recover lost personal time for all claims. Finally, in every one of the ten still-disputed jurisdictions other than Connecticut, a plaintiff may plead unjust enrichment in the alternative only where the validity or enforceability of a contract is in question, and in seven out of the ten jurisdictions (all but Connecticut, New Hampshire, and Rhode Island), a plaintiff may not maintain an unjust enrichment claim if he or she has an adequate remedy at law. Attached as Exhibit A is a chart summarizing the Court's conclusions of law for all jurisdictions. The parties are directed to meet and confer and, within thirty days of the date of this Opinion and Order, shall jointly submit a stipulation and proposed order applying the Court's conclusions to the Plaintiffs and claims in the 5ACC. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/12/2018) (ne)
August 27, 2018	Filing 350 ORDER NO. 154 [Regarding the August 12, 2018 Status Conference]: The Court, having held a Status Conference on August 21, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' August 17, 2018 tentative agenda letter and the Court's August 20, 2018 Order (Docket Nos. 5942, 5946), issues this Order to memorialize the actions taken and rulings made at the Status Conference. I. NEXT STATUS CONFERENCE: A Status Conference will be held Friday, November 2, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. III. PERSONAL INJURY SUCCESSOR LIABILITY ISSUES: Consistent with the Court's comments at the Status Conference, the Court adopts the following schedule as next steps for personal injury successor liability issues: (i) by Friday, November 9, 2018, New GM will submit its opening brief, not to exceed 35 (double-spaced) pages, on the choice-of-law, domination and control, and implied liability issues raised by plaintiffs (Docket Nos. 5083, 5631); (ii) by Tuesday, December 18, 2018, plaintiffs will submit their consolidated response, not to exceed 35 (double-spaced) pages; (iii) by Friday, January 4, 2019, counsel for individual plaintiffs may file supplemental responses with leave of Court for good cause shown; and (iv) by Friday, January 25, 2019, New GM will submit its reply, not to exceed 15 (double-spaced) pages. VII. ECONOMIC LOSS EXPERT ISSUES: Consistent with the Court's comments at the Status Conference, the parties shall meet and confer by Monday, September 3, 2018 regarding the sur-rebuttal expert reports to be served by plaintiffs consistent with the Court's August 21, 2018 Order (Docket No. 5952). If the parties cannot resolve their dispute, New GM shall file a letter motion no later than Tuesday, September 4, 2018, and Lead Counsel will file their opposition by Wednesday, September 5, 2018. Further, by Wednesday, November 14, 2018, the parties shall submit a joint letter providing their position(s) on the necessity of a Daubert hearing. (Motions due by 11/9/2018, Responses due by 12/18/2018, Replies due by 1/25/2019. Status Conference set for 11/2/2018 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/27/2018) (ne)
July 30, 2018	Filing 349 ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled for August 17, 2018, is ADJOURNED to August 21, 2018, at 9:30 a.m. Counsel shall promptly update the MDL website with the new time. SO ORDERED. (Status Conference set for 8/21/2018 at 09:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/30/2018) (ne)
July 19, 2018	Filing 348 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the plaintiff listed in Exhibit A as a party in 14-MD-2543 and 15-CV-4142. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/18/2018) (ne) Modified on 10/11/2018 (ne).
June 6, 2018	Filing 347 ORDER NO. 150 [Regarding the May 31, 2018 Status Conference]: A Status Conference will be held Friday, August 17, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (The Court notes that that date is different from the date discussed at the status conference, as one of Co-Lead Counsel is unavailable on the date previously selected and the Court has been advised that all counsel are available on August 17, 2018. Counsel shall promptly update the MDL website with the new date.) Consistent with the Court's comments as the Status Conference, by Thursday, June 14, 2018, the parties shall submit a joint letter or competing letters (not to exceed five single-spaced pages each) regarding the implications for the MDL of the Court's May 29, 2018 Opinion and Order regarding certain bankruptcy appeals. (Docket No. 5618). Consistent with the Court's comments at the Status Conference, the parties should meet and confer on which of the remaining 35 jurisdictions would apply the law of Delaware or New York and report back and propose next steps on the following schedule: by Friday, July 13, 2018, New GM will provide economic loss and personal injury plaintiffs with a list of: jurisdictions among the 35 not previously addressed by the Court with choice-of-law rules that would select Delaware or New York law. By Friday, July 27, 2018, plaintiffs will provide to New GM their position on GM's list and legal conclusions. By Friday, August 3, 2018, the parties will meet and confer. By Friday, August 10, 2018, if any states remain in dispute, plaintiffs and New GM will report back to the Court and propose next steps, and as further set forth herein. (Signed by Judge Jesse M. Furman on 6/6/2018) (ras)
June 1, 2018	Filing 346 NOTICE of Occurance Of Bankruptcy Effective Date And Request For Dismissal. Document filed by Takata Corporation, TK Holdings, Inc., Takata Seat Belts, Inc.. (Attachments: #1 Exhibit A - Notice of Occurance of Effective Date of Fifth Amended Joint Chapter 11 Plan of Reorganization of TK Holdings Inc. and Its Affliated Debtors)(Scully, Daniel)
May 29, 2018	Filing 345 OPINION AND ORDER [Regarding Certain Plaintiffs' and New GM's Bankruptcy Appeals]: The Court affirms the orders and judgments of the Bankruptcy Court in part and vacates and remands them in part. More specifically, the Court holds that: The Bankruptcy Court's conclusion that New GM judicially admitted liability for Pillars's claim by quoting from the Original Sale Agreement in its notice of removal and answer is VACATED, (15-CV-8432), and its determination that only plaintiffs with the Ignition Switch Defect in a Subject Vehicle are Ignition Switch Plaintiffs is AFFIRMED, (17-CV-6196); The Bankruptcy Court's holding that the Fraudulent Concealment Claims, as defined above, are not Independent Claims and therefore cannot pass through the bankruptcy gate is VACATED, (16-CV-0098, 16-CV-0501, and 16-CV-0512); The Bankruptcy Court's decision that plaintiffs without the Ignition Switch Defect are not barred by the November 2015 Imputation Decision and December 2015 Judgment from pursuing Independent Claims against New GM and that the Pitterman Plaintiffs properly asserted Independent Claims against New GM is AFFIRMED, (17-CV-6120); The Bankruptcy Court's conclusions that it is law of the case that New GM did not contractually assume liability for punitive damages claims based on Old GM conduct and that punitive damages against New GM based on Old GM conduct are not available as a matter of federal bankruptcy law are AFFIRMED, (17-CV-6083, 17-CV-6088, and 17-CV-8294); The Bankruptcy Court's determination that used car purchasers without the Ignition Switch Defect are bound by the Sale Order to the same extent as their predecessors in interest and may not bring claims against New GM based on Old GM conduct is VACATED, (17-CV-6083, 17-CV-6088, 17-CV-6284, and 17-CV-6289); and The Bankruptcy Court's holding that Reichwaldt is barred by res judicata and law of the case from seeking punitive damages against New GM based on Old GM conduct is AFFIRMED, (17-CV-8294). The parties to the MDL proceedings should be prepared to address the implications of these holdings on the MDL at the status conference on May 31, 2018 or, to the extent that the parties need more time to digest the holdings, should be prepared, at a minimum, to discuss the means and schedule for addressing the implications of the Court's holdings. The Clerk of Court is directed to docket this Opinion and Order in each case referenced in the caption as well as (given the significance of this ruling to the MDL generally) in 14-MD-2543 and 14-MC-2543. Additionally, the Clerk of Court is directed close the following cases: 15-CV-8432, 17-CV-6120, 17-CV-6083, 17-CV-6088, 17-CV-6284, 17-CV-6196, 17-CV-6289, 16-CV-0098, 16-CV-0501, 16-CV-0512, and 17-CV-8294. (Signed by Judge Jesse M. Furman on 5/29/2018) (ras)
May 22, 2018	Filing 344 VOLUNTARY STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO TERRI DUNLAP, ON BEHALF OF THE CLASS OF MEMBERS OF THE DECEASED, ANTHONY DUNLAP: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims and causes of action against Defendant General Motors, LLC, including but not limited to the actions listed in the attached Exhibit A. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi-District Litigation. The Clerk of Court is directed to terminate the plaintiff listed on Exhibit A as a party in this case. (Signed by Judge Jesse M. Furman on 5/21/2018) (ras)
May 17, 2018	Filing 343 VOLUNTARY STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO MICHAEL SAUSEDA: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims and causes of action against Defendant General Motors, LLC, including but not limited to the actions listed in the attached Exhibit A. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi-District Litigation. The Clerk of Court is directed to terminate Michael Sauseda as a party in this case. Michael Sauseda (Individually) terminated. (Signed by Judge Jesse M. Furman on 5/17/2018) (kgo)
May 17, 2018	Filing 342 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants in the actions listed in the attached Exhibit A. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in MDL No. 2543. The Clerk of Court is directed to terminate the plaintiffs listed on Exhibit A as parties in their cases. Richard Carver, Amy Giannakakis, Rosalyn Granger, Brenda Isom, Janice Smith, Carolyn Bailey (Individually ) and Brenda Carter terminated. (Signed by Judge Jesse M. Furman on 5/16/2018) (kgo)
May 4, 2018	Filing 341 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Order No. 140, (Docket No. 4967) and Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Bailey Peavey Bailey Cowan Heckaman PLLC (formerly Bailey Peavy Baily LLP) and Co-Counsel (if applicable and identified in Exhibit A)(together hereinafter the "Firms") jointly represent the individual Plaintiffs listed on Exhibit A in the multi-party captioned litigation and hereby give notice of the voluntary dismissals without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on Exhibit B have not yet been dismissed and remain as active cases in MDL No. 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties in their cases, and in the event all other parties have been terminated in a case, to close the case. (Signed by Judge Jesse M. Furman on 5/3/2018) (ras) Modified on 5/7/2018 (ras).
April 30, 2018	Filing 340 NOTICE of Automatic Stay. Document filed by Takata Corporation. (Attachments: #1 Exhibit A - Order Granting Final Relief for Recognition of Foreign Main Proceedings)(Scully, Daniel)
April 25, 2018	Filing 339 MEMORANDUM OPINION AND ORDER [Regarding New GM's Motion for Partial Reconsideration of the Court's December 19, 2017 Order and Opinion on Successor Liability] re: (4936 in 1:14-md-02543-JMF) MOTION for Reconsideration re; (4888) Memorandum & Opinion filed by General Motors LLC. The Court concludes that Plaintiffs cannot demonstrate continuity of ownership within the meaning of New York law, and thus cannot advance successor liability claims in any state where New York law applies. It follows that New GM's motion for partial reconsideration must be and is GRANTED and that the successor liability claims of Plaintiffs from Texas and Virginia must be and are DISMISSED. See Dec. 19, 2017 Op., 2017 WL 6509256, at 7 (holding that Texas and Virginia apply New York Law); Aug. 3, 2017 Op., 2017 WL 3382071, at 19 (same). The Clerk of Court is directed to terminate Docket No. 4936. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/25/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(anc)
April 17, 2018	Filing 338 ORDER NO. 149 [Regarding Withdrawal of Representation by the Firms as to Certain Plaintiffs] terminating (5111) Motion to Withdraw as Attorney; terminating (5124) Motion to Withdraw as Attorney; terminating (5132) Motion to Withdraw as Attorney; terminating (5137) Motion to Withdraw as Attorney; terminating (5150) Motion to Withdraw as Attorney, in case 1:14-md-02543-JMF; terminating (565) Motion to Withdraw as Attorney, in case 1:14-cv-05810-JMF; terminating (772) Motion to Withdraw as Attorney, in case 1:14-cv-08176-JMF; terminating (197) Motion to Withdraw as Attorney, in case 1:15-cv-00550-JMF; terminating (178) Motion to Withdraw as Attorney, in case 1:15-cv-00761-JMF; terminating (174) Motion to Withdraw as Attorney, in case 1:15-cv-01794-JMF; terminating (199) Motion to Withdraw as Attorney, in case 1:15-cv-02644-JMF; terminating (163) Motion to Withdraw as Attorney, in case 1:15-cv-03592-JMF; terminating (167) Motion to Withdraw as Attorney, in case 1:15-cv-03702-JMF; terminating (189) Motion to Withdraw as Attorney, in case 1:15-cv-04142-JMF; terminating (160) Motion to Withdraw as Attorney, in case 1:15-cv-04647-JMF; terminating (171) Motion to Withdraw as Attorney, in case 1:15-cv-05222-JMF; terminating (165) Motion to Withdraw as Attorney, in case 1:15-cv-06578-JMF; terminating (120) Motion to Withdraw as Attorney, in case 1:15-cv-07412-JMF; terminating (355) Motion to Withdraw as Attorney, in case 1:15-cv-08324-JMF; terminating (112) Motion to Withdraw as Attorney, ; terminating (115) Motion to Withdraw as Attorney. in case 1:16-cv-00925-JMF; terminating (89) Motion to Withdraw as Attorney, in case 1:16-cv-01173-JMF; terminating (99) Motion to Withdraw as Attorney, in case 1:16-cv-01944-JMF; terminating (102) Motion to Withdraw as Attorney, in case 1:16-cv-02047-JMF; terminating (103) Motion to Withdraw as Attorney, in case 1:16-cv-03105-JMF; terminating (99) Motion to Withdraw as Attorney, in case 1:16-cv-05491-JMF; terminating (92) Motion to Withdraw as Attorney, in case 1:16-cv-05947-JMF; terminating (63) Motion to Withdraw as Attorney, in case 1:16-cv-07420-JMF; terminating (56) Motion to Withdraw as Attorney, in case 1:16-cv-10041-JMF; terminating (61) Motion to Withdraw as Attorney, in case 1:17-cv-00482-JMF; terminating (41) Motion to Withdraw as Attorney, in case 1:17-cv-06858-JMF. It is hereby ORDERED that: The Firms' Motions are hereby GRANTED, substantially for the reasons set forth in their memoranda of law and supporting declarations (some of which were filed under seal because they reveal confidential attorney-client communications and strategy). (See e.g., MDL Docket Nos. 4991 and 4992)...Each of the Affected Plaintiffs is hereby ordered to file, in the form of a new lawsuit, an amended and severed complaint in the United States District Court for the Southern District of New York within ninety (90) days that is, July 16, 2018 and to pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a)...The Clerk of Court is directed to terminate: 14-CV-5810, Docket No. 565; 14-CV-8176, Docket No. 772; 14-MD-2543, Docket Nos. 5111, 5124, 5132, 5137, 5150; 15-CV-0550, Docket No. 197; 15-CV-0761, Docket No. 178; 15-CV-1794, Docket No. 174; 15-CV-2644, Docket No. 199; 15-CV-3592, Docket No. 163; 15-CV-3702, Docket No. 167; 15-CV-4142, Docket No. 189; 15-CV-4647, Docket No. 160; 15-CV-5222, Docket No. 171; 15-CV-6578, Docket No. 165; 15-CV-8324, Docket No. 355; 16-CV-0925, Docket Nos. 112, 115; 16-CV-1173, Docket No. 89; 16-CV-1944, Docket No. 99; 16-CV-2047, Docket No. 102; 16-CV-3105, Docket No. 103; 16-CV-5491, Docket No. 99; 16-CV-5947, Docket No. 92; 16-CV-7420, Docket No. 63; 16-CV-10041, Docket No. 56; 17-CV-0482, Docket No. 61; 17-CV-6858, Docket No. 41; and 15-CV-7412, Docket No. 120. (Signed by Judge Jesse M. Furman on 4/16/2018) (ras)
April 12, 2018	Filing 337 ORDER NO. 148 [AMENDED] [Regarding Next Steps For Pre-Sale Personal Injury Claims]: It is hereby ORDERED that: By Friday, April 13, 2018, General Motors LLC ("New GM") will file on the main MDL docket a list of pre-Sale plaintiffs that it has currently identified as ones it believes should be dismissed in light of the Court's December 28, 2017 Opinion and Order. See In Re General Motors LLC Ignition Switch Litig., 2017 WL 6729295, at *1 (S.D.N.Y., Dec. 28, 2017)...By Friday, April 13, 2018, New GM will file its motion to dismiss claims that New GM believes should be dismissed for failure to state a claim...If New GM files a motion to dismiss with prejudice, any opposition shall be filed two weeks after the motion's filing. New GM's reply, if any, shall be filed one week thereafter. Counsel is advised to file all documents related to motions to dismiss pursuant to Order Nos. 25 and 45 in 14-MD-2543 and to "spread" the filings to any relevant individual member case or cases, and as further set forth herein. (Signed by Judge Jesse M. Furman on 4/10/2018) (ras)
April 12, 2018	Filing 336 ORDER granting #183 Motion to Seal Document. On February 26, 2018, the Court granted the Firms' Motion to Withdraw. (MDL Docket No. 5108 ("Order No. 142")). It has come to the Court's attention that the Court neither terminated the Firms' Motion to Withdraw in the main or member case dockets nor addressed the Firms' Motions to Seal their Memorandum and Declaration in Support of their Motion to Draw. The Court now grants the Firms' Motions to Seal. It has also come to the Court's attention that the Court should have terminated two other outstanding motions in the GM litigation: first, a motion to withdraw as counsel that was inadvertently filed twice in a member docket on October 18, 2017 (see 14-CV-5810, Docket Nos. 506, 510) and was granted on November 27, 2017 (14-MD-2543, Docket No. 4840 ("Order No. 137"); second a Motion to Seal Plaintiffs' Third Amended Complaint, which was filed on December 16, 2015 (14-MC-2543, Docket No. 183; 14-MD-2543, Docket No. 1898) and granted on January 14, 2016 (14-MD-2543, Docket No. 2103). In light of the foregoing, the Clerk of Court is directed to terminate the following open motions: 14-MD-2543, Docket Nos. 4989, 4990; 14-MC-2543, Docket No. 183; 14-CV-5810, Docket Nos. 506, 547, 548; 14-CV-8176, Docket Nos. 756, 757; 14-CV-10023, Docket Nos. 229, 230; 15-CV-4142, Docket Nos. 168, 169; and 15-CV-6578, Docket Nos. 144, 145. (Signed by Judge Jesse M. Furman on 4/12/2018) (ras)
April 12, 2018	Transmission to Sealed Records Clerk. Transmitted re: #336 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (ras)
April 10, 2018	Filing 335 ORDER NO. 148 [Regarding Next Steps For Pre-Sale Personal Injury Claims]: By Friday, April 13, 2018, New GM will file its motion to dismiss claims that New GM believes should be dismissed for failure to state a claim. By Monday, May 21, 2018, those plaintiffs who agree to dismiss will file voluntary dismissals, and counsel for plaintiffs who intend to withdraw will file motions to withdraw....Counsel is advised to file all documents related to motions to dismiss pursuant to Order Nos. 25 and 45 in 14-MD-2543 and to "spread" the filings to any relevant individual member case or cases, and as further set forth herein. (Signed by Judge Jesse M. Furman on 4/10/2018) (ras)
April 5, 2018	Filing 334 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser and Robert C. Hilliard dated April 5, 2018 re: Status of Non-ISD Plaintiffs. Document filed by GM Ignition Switch MDL Plaintiffs.(Cabraser, Elizabeth) Modified on 4/6/2018 (db).
April 4, 2018	Filing 333 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiff, Joy Carta, through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby gives notice of her voluntary dismissal with prejudice of all her actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit A will remain pending in the civil action affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's action. The Clerk of Court is directed to terminate Joy Carta as a party in the case. (Signed by Judge Jesse M. Furman on 4/4/2018) (ras)
April 3, 2018	Filing 332 MEMORANDUM OPINION AND ORDER: re: (4679 in 1:14-md-02543-JMF) MOTION for Summary Judgment Against Plaintiffs' Claims for Benefit-of-the-Bargain Damages filed by General Motors LLC. Accordingly, New GM's motion for summary judgment as to Plaintiffs' claims for benefit-of-the-bargain damages is DENIED without prejudice. Counsel should confer on whether and how the motion should be renewed and be prepared to address that question at a future status conference. The Clerk of Court is directed to terminate Docket No. 4679. And as set forth herein. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/03/2018) (ama)
March 29, 2018	Filing 331 ORDER NO. 147 [Regarding the March 22, 2018 Status Conference]: A Status Conference will be held Thursday, May 31, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York....Consistent with the Court's comments at the Status Conference, the parties should continue to keep the Court apprised of developments regarding settlement, and as further set forth herein. (Signed by Judge Jesse M. Furman on 3/29/2018) (ras)
March 29, 2018	Filing 330 ORDER NO. 146 [Regarding Next Steps for Certain Plaintiffs Subject to Order No. 140 Notices]: By Monday, April 30, 2018, each of the plaintiffs in Exhibit A shall (1) for plaintiffs whose claims are not pending in a consolidated or multiple-plaintiff complaint, file an amended complaint; or (2) for plaintiffs whose claims are pending in a consolidated or multiple-plaintiff complaint, file in this District, in the form of a new lawsuit, an amended and severed complaint and shall pay the filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a). Any such dismissal without prejudice will convert to a dismissal with prejudice upon a second notice of non-compliance filed by New GM without further notice or hearing unless any such dismissed plaintiff in Exhibit A refiles his or her amended complaint and pays the required filing fee by Wednesday, May 30, 2018. By Friday, May 25, 2018, Lead Counsel will file a consolidated summary judgment opposition brief on behalf of the plaintiffs subject to New GM's motion for summary judgment. Individual counsel for any plaintiff in Exhibit B may file a supplemental opposition with leave of Court (for good cause shown) by Friday, June 1, 2018. By Friday, June 15, 2018, New GM will file a consolidated reply...Within two weeks of the first date upon which any plaintiff subject to Paragraph 1 or 3 of this Order (relating to the filing of amended and severed complaints in certain cases) is dismissed with prejudice, Lead Counsel and counsel for New GM shall meet and confer and submit joint or competing letters to the Court proposing the next steps for plaintiffs who filed amended and severed complaints pursuant to this Order, including whether such cases should remain in the MDL. (Signed by Judge Jesse M. Furman on 3/29/2018) (ras)
March 28, 2018	Filing 329 ORDER NO. 145 [Regarding the Selection and Scheduling of Category C Replacement Early Trial Candidates for Bellwether Trial Nos. 12 and 13]: Pursuant to the procedures set forth in MDL Order No. 141 (MDL Docket No. 5074), Lead Counsel and New GM have submitted competing letter briefs regarding which two of the Discovery Pool Category C Replacement Cases the Court should select to be tried as Bellwether Trial Nos. 12 and 13. (MDL Docket Nos. 5291, 5292). The Court has reviewed the parties' submissions and hereby selects the following two cases: Michelle Roden v. General Motors LLC, 17-CV-5984 (one of Lead Counsel's picks), and Genita McKnight v. General Motors LLC, 16-CV-0925 (one of New GM's picks). No later than April 13, 2018, Genita McKnight shall file an amended and severed complaint in accordance with Order No. 144 (MDL Docket No. 5296). Otherwise, the deadlines set forth in Order No. 141 remain in effect. (Signed by Judge Jesse M. Furman on 3/28/2018) (ras)
March 27, 2018	Filing 328 ORDER NO. 144 [Regarding the Filing of Amended and Severed Complaints]: At the Court's direction, certain plaintiffs ("Amending Plaintiffs") who had previously been named in omnibus or consolidated complaints or whose attorneys withdrew as counsel have been required, or will be required, to file amended and severed complaints as new cases in this Court. (See e.g., MDL Docket No. 5074 ("Order No. 141"), paragraph 8; MDL Docket No. 4840 ("Order No. 137"), paragraph 3; MDL Docket No. 5108 ("Order No. 142"), paragraph 2). Per the Court's Orders, each Amending Plaintiff is required to file with his or her new complaint a Related Case Statement, available at www.nysd.uscourts.gov/forms.php, identifying the new lawsuit as related to these proceedings (In General Motors Ignition Switch Litigation, 14-MD-2543 (JMF)). To facilitate the assignment of these new cases to the undersigned for inclusion in the MDL and the orderly termination of Amending Plaintiffs from their initial dockets (as of the date of the newly filed amended and severed complaint), each Amending Plaintiff shall (1) prominently note in the Related Case Statement that he or she is an existing plaintiff in an existing case, citing the case name and docket number of that case; (2) reference in the Related Case Statement the MDL Order pursuant to which he or she is filing an amended and severed complaint; and (3) attach as an exhibit to the Related Case Statement a copy of the original complaint in which the Amending Plaintiff is already associated. If the Court grants a motion to withdraw as counsel and a plaintiff will be proceeding pro se and be required to file an amended and severed complaint, withdrawing counsel shall promptly serve a copy of this Order on those plaintiffs and file proof of such service. (Signed by Judge Jesse M. Furman on 3/27/2018) (ras)
March 23, 2018	Filing 327 ORDER NO. 143 [Regarding Procedures for Responses to Pending Motions to Withdraw Filed in Response to Order No. 140 and Procedures for Responses to Any Such Future Motions to Withdraw]: Any opposition to the Firms' Motions - by the Affected Plaintiffs themselves, New GM, or otherwise - shall be filed no later than twenty-one (21) days from the date of this Order (that is, by Friday, April 13, 2018). The Firms reply, if any, shall be filed as a consolidated reply no later than seven (7) days thereafter (that is, by Friday, April 20, 2018), and as further set forth herein. (Signed by Judge Jesse M. Furman on 3/23/2018) (ras)
February 27, 2018	Filing 326 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants in the actions listed in the attached Exhibit A. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 2/27/2018) (ras)
February 27, 2018	Filing 325 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Order No. 140 (Docket No. 4967) Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the following Plaintiffs listed in the attached Exhibit A, by and through counsel of record, hereby give notice of the voluntary dismissals without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on Exhibit B have not yet been dismissed and remain as active cases in MDL No. 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 2/27/2018) (ras)
February 26, 2018	Filing 324 ORDER NO. 142 [Regarding Withdrawal of Representation by Hilliard-Henry as to Certain Plaintiffs]: It is hereby ORDERED that: 1. As a condition of withdrawal, the Firms shall, no later than March 2, 2018, serve upon each of the Affected Plaintiffs (1) a copy of the "Notice to Certain Plaintiffs in General Motors Ignition Switch Litigation" attached hereto as Exhibit B; (2) a copy of this Order; and (3) a copy of this Court's Individual Rules and Practices for Pro Se Cases, which is attached to this Order as Exhibit C. The Firms shall file proof of such service no later than March 5, 2018. Each of the Affected Plaintiffs is hereby ordered to file, in the form of a new lawsuit, an amended and severed complaint in the United States District Court for the Southern District of New York within ninety (90) days that is, by May 24, 2018 and to pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a). New GM shall promptly serve Affected Plaintiffs with any Order issued by the Court that may affect their rights and file proof of such service. (Signed by Judge Jesse M. Furman on 2/26/2018) (ras)
February 26, 2018	Filing 323 PARTIES' STIPULATION AND AGREEMENT CONCERNING UNJUST ENRICHMENT, INCIDENTAL DAMAGES (LOST TIME), AND MANIFEST DEFECT FOR THE 35 JURISDICTIONS THAT HAVE NOT BEEN THE SUBJECT OF DISMISSAL MOTION PRACTICE PURSUANT TO ORDER NO. 131: Pursuant to Order No. 131 (Docket No. 4499) and the Court's December 26, 2017 letter order (Docket No. 4902), plaintiffs and defendant General Motors LLC ("New GM") have met and conferred regarding applying the Court's prior motion to dismiss opinions on the issues of (i) unjust enrichment, (ii) incidental damages (lost time) and (iii) manifest defect (the "Order No. 131 Issues") to the jurisdictions that have not been the subject of such motion practice. Pursuant to the Court's December 26, 2017 letter order, plaintiffs and defendant General Motors LLC ("New GM") are to file "a joint submission as to Order No. 131 Issues on which they have reached agreement." Attached as Exhibit A is a chart containing the positions to which the parties stipulate and agree as well as the issues which are disputed, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 2/26/2018) (ap)
February 22, 2018	Filing 322 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants in the actions listed in the attached Exhibit A. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in MDL No. 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. SO ORDERED. Patricia Grice, Rico Malone, Rico Malone, Tiffany Reese, Tiffany Reese, Bryan Rittgers, Bryan Rittgers, Nicole Rude, Nicole Rude, Roger Stewart, Roger Stewart, Donita Dudley and Donita Dudley terminated. (Signed by Judge Jesse M. Furman on 2/22/2018) (ama) Modified on 2/22/2018 (ama).
February 20, 2018	Filing 321 ORDER NO. 141 [Regarding Next Steps for the Post-Sale Production Part and Service Part and Category C Personal Injury and Wrongful Death Cases]: Targeted, case-specific fact discovery of Wave One plaintiffs shall commence on Monday, February 26, 2018, and shall conclude by Thursday, August 2, 2018. Wave One plaintiffs shall present their expert witnesses for deposition on or before Friday, October 5, 2018. Fact discovery in the Category C Replacement Early Trial Candidates will commence on the date the Court makes its selection for the two bellwether trials and will conclude no later than Monday, July 16, 2018. Expert discovery in the Category C Replacement Early Trial Candidates will take place as follows: Lead Counsel shall disclose their expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Friday, August 17, 2018. Lead Counsel shall present their expert witnesses for deposition on or before Friday, September 14, 2018. New GM shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 2(a)(2)(B) on or before Friday, September 28, 2018. New GM shall present its expert witnesses for deposition on or before Friday, October 19, 2018. Absent good cause, no rebuttal expert reports shall be permitted. Expert discovery for the Category C Replacement Early Trial Candidates shall conclude by Friday, October 19, 2018. By Friday, October 12, 2018, the parties will meet and confer and submit a joint proposed order regarding deadlines for submitting any Daubert motions, dispositive motions, and motions in limine for Bellwether Trial Nos. 12 and 13. By that same date, the parties should submit joint or competing letters addressing the order of trials and setting forth the parties' supporting rationales for their proposed orders. The Court will then designate the order of the Category C Replacement Early Trial Candidates. Bellwether Trial Nos. 12 and 13 will commence on January 28, 2019 and March 25, 2019, respectively. (Signed by Judge Jesse M. Furman on 2/20/2018) (ras)
February 16, 2018	Filing 320 MEMO ENDORSEMENT denying (5064 in case 1:14-md-02543-JMF) Motion to Seal. ENDORSEMENT: Application DENIED. The Court sees no reason or basis to keep the letter under its seal in its entirety. The Court is prepared to redact any discussion of what occurred during the mediation with Mr. Black, to preserve the confidentiality of settlement discussions, but there is no basis or need to redact or seal information beyond that (including, but not limited to, information that was made part of the public record during the January 8, 2018 status conference). Accordingly, the motion to seal is DENIED, without prejudice to an application, in accordance with the Court's Individual Rules, to redact portions of the letter. Counsel shall file the letter on ECF, either in unredacted form or redacted form (with a corresponding application to redact), no later than February 20, 2018. The Clerk of Court is directed to docket this in 14-MD-2543 AND all of the member cases referenced above and to terminate all corresponding motions (including 14-MD-2543, Docket No. 5064). (Signed by Judge Jesse M. Furman on 2/16/2018) (ras)
February 14, 2018	Filing 319 ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled to begin at 9:30 a.m. on March 23, 2018, will begin instead at 1:30 p.m. Counsel shall promptly update the MDL website with the new time. (Signed by Judge Jesse M. Furman on 2/14/2018) (ras)
February 1, 2018	Filing 318 MEMORANDUM OF LAW in Support re: #317 MOTION to Dismiss 319 Claims Under Federal Rule of Civil Procedure 12(B)(6). . Document filed by General Motors LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Bloomer, Andrew)
February 1, 2018	Filing 317 MOTION to Dismiss 319 Claims Under Federal Rule of Civil Procedure 12(B)(6). Document filed by General Motors LLC.(Bloomer, Andrew)
January 31, 2018	Filing 316 NOTICE of 27 Plaintiffs Whose Claims are Barred by Indiana, Tennessee, or Texas State Statutes of Repose. Document filed by General Motors LLC. (Bloomer, Andrew)
January 31, 2018	Filing 315 NOTICE of 41 Plaintiffs Whose Claims are Barred by the Applicable Statutes of Limitations. Document filed by General Motors LLC. (Bloomer, Andrew)
January 29, 2018	Filing 314 NOTICE of (Amended) 328 Airbag Deployment Cases That Should Be Dismissed Pursuant to the Court's December 28, 2017 Order and Opinion. Document filed by General Motors LLC. (Godfrey, Richard)
January 29, 2018	***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Eric Jensen for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #312 Notice of Voluntary Dismissal for cases 14md2543, 14mc2543, 15cv4088, 16cv2919, 16cv3768 and 16cv4688 to: judgments@nysd.uscourts.gov. (km)
January 23, 2018	Filing 313 ORDER NO. 140, The Court, having held a Status Conference on January 8, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties January 3, 2018 tentative agenda letter (Docket No. 4918), issues this Order to memorialize the actions taken and rulings made at the Status Conference. A Status Conference will be held Friday, March 23, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the Status Conference, by Wednesday, January 24, 2018, Lead Counsel will inform New GM of their position on whether the successor liability claims of personal injury plaintiffs subject to the Court's August 3, 2017 and December 19, 2017 Orders should be determined based on the place of the incident, plaintiff's place of residence, or some other method, and the reasons for this position. See In re Gen. Motors LLC Ignition Switch Litig., 2017 WL 3382071 (S.D.N.Y. Aug. 3, 2017; In re Gen. Motors LLC Ignition Switch Litig., 2017 WL 6509256 (S.D.N.Y. Dec. 19, 2017). The parties will then meet and confer by Thursday, January 25, in an attempt to resolve any disagreements on the choice of law rules. By Friday, January 26, New GM will file on the main MDL docket a list of personal injury claims that it believes should be dismissed under the Court's successor liability rulings. By Wednesday, February 21, Lead Counsel will file on the main MDL docket: (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the factual and/or legal bases as to why those plaintiffs believe dismissal is not appropriate. By Wednesday, February 28, all voluntary dismissals and motions to withdraw shall be filed. By Friday, March 9, Lead Counsel and New GM will file a joint letter proposing next steps to address any remaining disputes on successor liability claims. Consistent with the Court's comments at the Status Conference, by Monday, January 22, 2018, New GM will submit a letter (not to exceed ten single-spaced pages) proposing a specific plan for next steps for the post-Sale Production Part and Service Part claims, as well as addressing proposed Category C bellwether procedures. (See Order No. 107 at 3, Docket No. 3081 (defining categories).) By Monday, January 29, Lead Counsel will file a response (not to exceed ten single-spaced pages). Consistent with the Court's comments at the Status Conference, by Friday, January 19, 2018, New GM will file on the main MDL docket a list of claims that it has currently identified as ones it believes should be dismissed in light of the Court's December 28, 2017 Opinion and Order. See In Re: General Motors LLC Ignition Switch Litig., 2017 WL 6729295, at *1 (S.D.N.Y., Dec. 28, 2017). By Wednesday, February 14, counsel for plaintiffs included on that list will file on the main MDL docket: (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the factual bases as to why those plaintiffs believe dismissal is not appropriate. By Wednesday, February 28, those plaintiffs who agree to dismiss will file voluntary dismissals, and counsel for plaintiffs who intend to withdraw will file motions to withdraw. By Friday, March 9, Lead Counsel and New GM will file a joint letter identifying the number of and proposing next steps to address any remaining disputed claims in this category Consistent with the Court's comments at the Status Conference, by Wednesday, January 31, 2018, New GM will file its motion to dismiss claims that New GM believes should be dismissed for failure to state a claim. By Wednesday, February 14, counsel for plaintiffs included on that list will file on the main MDL docket: (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims (specifically identifying which plaintiffs intend to amend their complaints). By Wednesday, February 28, those plaintiffs who agree to dismiss will file voluntary dismissals, and counsel for plaintiffs who intend to withdraw will file motions to withdraw. By Friday, March 9, Lead Counsel and New GM will file a joint letter identifying the number of and proposing next steps to address any remaining disputed claims in this category, including the proposed timing for any amended complaints. Consistent with the Court's comments at the Status Conference, by Wednesday, January 31, 2018, New GM will file a list of claims that New GM believes are barred by applicable statute of limitation or applicable statute of repose as discussed at the Status Conference. By Wednesday, February 14, counsel for plaintiffs included on that list will file on the main MDL docket: (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the basis as to why those plaintiffs believe their claims are not barred. By Wednesday, February 28, those plaintiffs who agree to dismiss will file voluntary dismissals, and counsel for plaintiffs who intend to withdraw will file motions to withdraw. By Friday, March 9, Lead Counsel and New GM will file a joint letter identifying the number of and proposing next steps to address any remaining disputed claims in this category. Consistent with the Court's comments at the Status Conference, by Monday, January 22, 2018, Lead Counsel shall submit in camera the four withheld emails between Top Class Actions, LLC ("TCA") and the Hagens Berman firm that were not already produced to New GM by TCA in response New GM's April 28, 2017 subpoena, as well as copies of the two different consumer form submissions. By that same date, the parties will submit supplemental briefs (not to exceed three single-spaced pages) addressing Lead Counsel's attorney-client privilege and work product assertions for the form submissions and Lead Counsel's work product assertions over the four withheld emails between Hagens Berman and TCA. Consistent with the Court's comments at the Status Conference, New GM and the Bailey Peavy Bailey firm should: (1) immediately retain Robert Black of Mehafy Weber as a mediator in their settlement discussions; and (2) by no later than Thursday, February 15, 2018, submit a joint letter or competing letters (not to exceed five single-spaced pages) reporting whether those discussions have been fruitful or not, and if they have not been successful, what the parties propose as next steps. Additionally, the parties should continue to keep the Court apprised of developments regarding settlement. SO ORDERED. (Motions due by 2/28/2018., Status Conference set for 3/23/2018 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/23/18) (yv)
January 19, 2018	Filing 312 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 1/19/2018) (ras) Modified on 1/29/2018 (km).
January 19, 2018	Filing 311 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Confidential Settlement Agreements entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 1/19/2018) (ras)
December 28, 2017	Filing 310 OPINION AND ORDER [Regarding the Parties' Daubert Motions and New GM's Motions for Summary Judgment in the Bellwether Phase Two, Category B Cases] re: (462 in 1:14-cv-05810-JMF, 3772 in 1:14-md-02543-JMF, 137 in 1:15-cv-01626-JMF) MOTION Exclude New GM's Experts, filed by Ruby L Greenroad, Vivian Garza, Clarissa Rios, (3711 in 1:14-md-02543-JMF, 131 in 1:15-cv-01626-JMF) LETTER MOTION for Oral Argument, filed by General Motors LLC, (128 in 1:15-cv-01626-JMF, 3708 in 1:14-md-02543-JMF, 451 in 1:14-cv-05810-JMF) MOTION To Exclude Expert Opinions Under Daubert and Federal Rule of Evidence 702 and for Summary Judgment on the Issue of Ignition Switch Rotation in Airbag Deployment Cases, filed by General Motors LLC. By prior Order, the Court directed the parties to address the next steps for personal injury and wrongful death cases in the MDL in letters due by January 3, 2018, or one week from the filing of this Opinion and Order. (Docket No. 4831). Upon reflection, the parties are granted until January 4, 2018, at 5 p.m. to file those letters. Plaintiffs' motion for oral argument and Daubert motion are denied as moot. The Clerk of Court is directed (1) to terminate 14-MD-2543, Docket Nos. 3708, 3711, and 3772; and 14-CV-5810, Docket No. 462; (2) to terminate Vivian Garza as a party in Abney et al. v. General Motors, No. 14-CV-5810; and (3) to close Greenroad v. General Motors, No. 15-CV-1626. (Signed by Judge Jesse M. Furman on 12/28/2017) (***Motions terminated pursuant to instructions from chambers on 12/28/2017.) (ras)
December 22, 2017	Filing 309 NOTICE OF WITHDRAWAL AS COUNSEL: PLEASE TAKE NOTICE that the following attorneys hereby withdraw as counsel of record for Defendant General Motors LLC in the above-referenced actions, and respectfully request that their names be removed from the courts electronic mail notice list and counsel's service list: Heather A. Bloom, Ebony S. Johnson, and Catherine E. Stahl. Kirkland & Ellis LLP continues to serve as counsel for Defendant General Motors LLC in the above-referenced actions through Richard C. Godfrey, P.C., and Andrew B. Bloomer, P.C., who are registered as Electronic Filing Users on the CM/ECF system, and request that all future correspondence and papers in this action continue to be directed to them and all other attorneys at Kirkland & Ellis LLP serving as counsel of record in these matters. (Signed by Judge Jesse M. Furman on 12/21/2017) (ras)
December 19, 2017	Filing 308 OPINION AND ORDER [Regarding New GM's Motion for Partial Summary Judgment on Successor Liability] re: (3519 in case 14-md-2543) MOTION for Summary Judgment on Successor Liability. New GM's motion for summary judgment is GRANTED with respect to Plaintiffs' successor liability claims under Maryland law, but DENIED with respect to Plaintiffs' claims under the other laws of the other eight jurisdictions still at issue. Per Docket No. 4831, the parties shall submit letters regarding the next steps for personal injury cases in the MDL, addressing the implications of this Opinion and Order among other things, by the earlier of (1) one week after the Court's ruling on the pending motions in the Phase Two, Category B cases; or (2) January 3, 2018, and as further set forth herein. (Signed by Judge Jesse M. Furman on 12/19/2017) (ras)
December 8, 2017	Filing 307 ORDER NO. 139 [Prohibiting the Filing of Consolidated Personal Injury / Wrongful Death Complaints]: Heretofore, the Court has tolerated the filing of omnibus consolidated complaints on behalf of multiple plaintiffs bringing personal injury and wrongful death claims arising out of different accidents or incidents. The Court has done so, even where joinder would not be permitted under a strict application of the Federal Rules of Civil Procedure, in the interests of efficiency. Upon reflection, the Court has decided to put an end to the practice because it creates administrative problems for the Clerk's Office (problems that will become even more pronounced if or when individual cases are transferred or remanded to transferor courts) and because it deprives the Court of filing fees to which it is due. (Requiring each plaintiff to pay a separate filing fee has an additional salutary effect: It helps ensure that plaintiff's counsel will adequately screen each plaintiff's claim to ensure that it is valid and belongs in these proceedings.) Accordingly, effective immediately, counsel may no longer file consolidated complaints on behalf of multiples plaintiffs where joinder would not be permitted under the Federal Rules. Counsel shall instead file individual complaints (along with the requisite Statement of Relatedness) with separate filing fees for each case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/08/2017) (ama)
November 27, 2017	Filing 306 ORDER NO. 137 [Regarding Withdrawal of Representation by Hilliard Martinez Gonzales, Thomas J. Henry Injury Attorneys, and Matthews & Associates as to Certain Plaintiffs]: It is hereby ORDERED that: The Firms' Motion is hereby GRANTED, substantially for the reasons set forth in their memoranda of law and supporting declarations (some of which were filed under seal because they reveal confidential attorney-client communications and strategy). (See, e.g., MDL Docket Nos. 4713, 4799). The Firms are authorized to withdraw as co-counsel as to the Affected Plaintiffs...Each of the Affected Plaintiffs is hereby ordered to file, in the form of a new lawsuit, an amended and severed complaint in the United States District Court for the Southern District of New York within ninety (90) days that is, by February 26, 2018 and to pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a)...The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 4712; 14-CV-5810, Docket No. 510; 14-CV-6924, Docket No. 206; 14-CV-8176, Docket No. 723; 14-CV-9864, Docket No. 158; 14-CV-9965, Docket No. 160; 14-CV-10023, Docket No. 202; 15-CV-1354, Docket No. 153; 15-CV-2844, Docket No. 141; 15-CV-4142, Docket No. 138; 15-CV-5528, Docket No. 9; 15-CV-6578, Docket No. 112. (Signed by Judge Jesse M. Furman on 11/27/2017) (ras)
November 27, 2017	Filing 305 FIFTH AMENDED COMPLAINT amending #234 Amended Complaint, against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs, Dawn Fuller, Paul Jenks, Brittany Vining, Reynaldo Spellman, Kellie Cereceres, Jerrod Pinkett, Thomas Linder. Related document: #234 Amended Complaint,.(Berman, Steve)
November 27, 2017	Set/Reset Deadlines: Amended Pleadings due by 2/26/2018. (ras)
November 21, 2017	Filing 304 ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled for December 4, 2017, at 9:30 a.m, is ADJOURNED to January 8, 2018, at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall promptly update the MDL website with the new date and time. (Signed by Judge Jesse M. Furman on 11/21/2017) (ras)
November 16, 2017	Filing 303 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiff, Robert Huff, through his undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby gives notice of his voluntary dismissal with prejudice of all his actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit A will remain pending in the civil action affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's action. The Clerk of Court is directed to terminate Robert Huff as a Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/16/2017) (ras)
November 15, 2017	Filing 302 MEMORANDUM OPINION AND ORDER [Regarding Plaintiffs' Motion for Leave to Amend the Fourth Amended Consolidated Complaint and New GM's Partial Cross-Motion to Dismiss and/or Strike Plaintiffs' Proposed Fifth Amended Consolidated Complaint] re: (4522 in 1:14-md-02543-JMF) MOTION to Amend/Correct (3356) Amended Complaint, Plaintiffs' Motion for Leave to Amend the Fourth Amended Consolidated Class Action Complaint, filed by GM Ignition Switch MDL Plaintiffs, (4704 in 1:14-md-02543-JMF) MOTION to Dismiss and/or Strike Plaintiff's Proposed Fifth Amended Consolidated Complaint, filed by General Motors LLC. Upon review of the parties' submissions (Docket Nos. 4522, 4680, 4704, 4767, 4775), the Court grants Plaintiffs' motion for leave to amend. The Court declines to consider the second argument because the Bankruptcy Court's ruling is the subject of pending appeals to this Court. There is little point in addressing the argument until the appeals are resolved. For the foregoing reasons, the Court GRANTS Plaintiffs' motion for leave to amend the FACC and DENIES New GM's motion to dismiss and/or strike, except to the extent that it concerns claims that the Court previously dismissed and claims on behalf of new Plaintiffs that the Court previously found unviable for similarly situated Plaintiffs. The Clerk of Court is directed to terminate Docket Nos. 4522 and 4704, and as further set forth herein. (Signed by Judge Jesse M. Furman on 11/15/2017) (ras)
November 13, 2017	Filing 301 MEMO ENDORSEMENT granting (4798) Motion to Seal Document in case 1:14-md-02543-JMF; granting (521) Motion to Seal Document in case 1:14-cv-05810-JMF; granting (217) Motion to Seal Document in case 1:14-cv-06924-JMF; granting (171) Motion to Seal Document in case 1:14-cv-09965-JMF; granting (123) Motion to Seal Document in case 1:15-cv-06578-JMF. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 4798; 14-CV-5810, Docket No. 521; 14-CV-6924, Docket No. 217; 14-CV-9965, Docket No. 171; and 15-CV-6578, Docket No. 123. (Signed by Judge Jesse M. Furman on 11/13/2017) (mro)
October 19, 2017	Filing 300 ORDER terminating (4716) Motion to Withdraw; terminating (4720) Motion to Withdraw; terminating (4724) Motion to Withdraw; terminating (4728) Motion to Withdraw; terminating (4732) Motion to Withdraw; terminating (4738) Motion to Withdraw; terminating (4742) Motion to Withdraw; terminating (4746) Motion to Withdraw; terminating (4750) Motion to Withdraw; terminating (4754) Motion to Withdraw in case 1:14-md-02543-JMF. On October 18, 2017, Hilliard Martinez Gonzales, Thomas J. Henry Injury Attorneys, and Matthews & Associates (the "Firms") filed a Motion to Withdraw as Co-Counsel for those Plaintiffs listed on Exhibit A of the Motion. (MDL Docket No. 4712). For some reason, counsel appear to have filed identical versions of the Motion eleven times. (See also MDL Docket Nos. 4716, 4720, 4724, 4728, 4732, 4738, 4742, 4746, 4750, and 4754). The duplicates are hereby terminated, with the caveat that the Firms shall promptly notify the Court if any of those filings are actually separate and different from the initial Motion to Withdraw. To evaluate counsel's reasons for moving to withdraw, the Firms shall, within one week of this Order, file a supplemental declaration including the relevant language from the Firms' retainer agreements and explaining how the claims of Plaintiffs listed in Exhibit A are beyond the scope of that language. (If necessary or appropriate, the Firms may seek leave to file those documents under seal.) Any opposition to the Firms' Motion by Plaintiffs themselves, New GM, or otherwise shall be filed no later than two weeks from the date of this Order. The Firms' reply, if any, shall be filed no later than one week thereafter. The Firms are directed to serve a copy of this Order on the Plaintiffs listed in Exhibit A of their Motion and to docket proof of such service no later than October 26, 2017. The Clerk of Court is directed to terminate 14-MD-2543 Docket Nos. 4716, 4720, 4724, 4728, 4732, 4738, 4742, 4746, 4750, and 4754. (Signed by Judge Jesse M. Furman on 10/19/2017) (ras)
October 16, 2017	Filing 299 ORDER NO. 136 [Regarding the October 4, 2017 Status Conference]: A Status Conference will be held on Monday, December 4, 2017, at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the Status Conference, the parties should meet and confer regarding next steps for the personal injury cases in the MDL, and should submit a joint letter detailing the parties' position(s) by Monday, November 27, 2017, and as further set forth herein. (Signed by Judge Jesse M. Furman on 10/16/2017) (ras)
October 3, 2017	Filing 298 ORDER: In the Opinion and Order regarding New GM's Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint, entered on June 30, 2017 (Docket No. 4175), the language on page 39, line 20 that reads "To state a claim for fraudulent inducement under Illinois law is hereby REVISED to read: To state a claim for fraudulent concealment under Illinois law." (Signed by Judge Jesse M. Furman on 10/3/2017) (ras)
September 29, 2017	Filing 297 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and to docket this Order in 14-md-2543, 15-cv-07412, 15-cv-07416, and 16-cv-01173. (Signed by Judge Jesse M. Furman on 9/29/2017) (ras)
September 28, 2017	Filing 296 ORDER: On September 26, 2017, the Court issued Order No. 135 establishing the terms and conditions of Layn R. Phillips' appointment as economic loss mediator in this matter. (Docket No. 4638). The Court inadvertently failed to attach Exhibit A, the normal and customary hourly rates of Mr. Phillips and personnel working under his direction. The Court hereby issues this Order with Exhibit A for Order No. 135 attached. (Signed by Judge Jesse M. Furman on 9/28/2017) (ras)
September 26, 2017	Filing 295 ORDER NO. 135 [Regarding the Terms and Conditions of the Appointment of the Economic Loss Mediator]: Order No. 132 appointed Layn R. Phillips of Phillips ADR as the economic loss mediator in this matter. (Docket No. 4525). Mr. Phillips has confirmed that he is able and willing to serve as the mediator in this matter and that he is available to begin meeting with the parties in a timely fashion. The Court further ordered the parties to submit an agreed upon proposed order of appointment that sets forth the terms and conditions of the mediator's appointment. (Id. at 1-2). Based on the joint submission, the Court hereby orders that: Mr. Phillips' authority is limited to facilitating settlement discussions for the economic loss actions...Any disputes regarding compensation, costs and expenses, or the allocation of payment of such fees and costs among the parties, shall be brought to the Court's attention, but only after the parties have conferred in good faith to resolve or narrow the dispute. The Court thanks Mr. Phillips in advance for his service to the parties and the Court, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/26/2017) (ras)
September 26, 2017	Filing 294 ORDER NO. 134 [Regarding Amended Schedule for New GM's Phase Two Bellwether Plan Category C Replacement Case Selections]: Upon review of the parties' joint letter dated September 20, 2017, and for good cause shown, the Court adopts a revised schedule for New GM's New Replacement Discovery Pool Category C Replacement Case selections as follows. Fact discovery in the New GM Discovery Pool Category C Replacement Cases will conclude no later than Friday, December 1, 2017. By 5:00 p.m. EST on Friday, December 1, 2017, Lead Counsel will exercise one strike against a New GM Discovery Pool Category C Replacement Case...Lead Counsel shall present their expert witnesses for deposition on or before Tuesday, February 13, 2018...New GM shall present its expert witnesses for deposition on or before Thursday, March 29, 2018...Expert discovery for the Phase Two Category C Replacement Case Trial Candidate shall conclude by Thursday, March 29, 2018. By Friday, February 26, 2018, the parties will meet and confer and submit a joint proposed order regarding deadlines for submitting any Daubert motions, dispositive motions, and motions in limine for Bellwether Trial No. 11. The New GM Phase Two Category C Replacement Case Trial Candidate shall be scheduled as MDL Bellwether Trial No. 11 from June 18, 2018-July 9, 2018. To the extent not modified herein, all deadlines in Order Nos. 107, 118, 121, and 128 (and any other previous order modifying Order Nos. 107 and 118) remain in full force and effect, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/25/2017) (ras)
September 14, 2017	Filing 293 ORDER NO. 133 [Regarding Motions To Seal]: To minimize the burdens on the Court and the parties, the procedures regarding the filing of documents under seal or in redacted form set forth in Section X of MDL Order No. 77 (Docket No. 1349) are hereby modified as follows. Effective immediately, unless and until the Court orders otherwise (as to any specific submission or more generally), the parties are granted leave to file any and all motion papers under seal or in redacted form on a temporary basis, without the need to obtain specific approval from the Court to do so. That is, the parties need not (and should not) file a motion to file under seal or in redacted form any papers filed in connection with another motion. (The parties should continue to file motions to file under seal or in redacted form any documents that are not related to another motion.) In lieu of filing a motion to seal motion papers, the parties should file a "Notice of Sealed/Redacted Filing" on the docket at the time of filing any sealed or redacted materials. Upon resolution of the underlying motion by the Court, the parties shall then follow the procedures set forth in Section X of MDL Order No. 77 with respect to addressing the propriety of keeping the documents at issue under seal or in redacted form on a permanent basis. On that score, the Court reminds the parties that sealing and/or redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Additionally, "the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome the presumption in favor of public access to judicial documents." In re: Gen. Motors LLC, No. 14-MD-2543 (JMF), 2015 WL 7574460, at *10 (S.D.N.Y. Nov. 25, 2015) (citing cases). (Signed by Judge Jesse M. Furman on 9/14/2017) (ras)
September 11, 2017	Filing 292 ORDER NO. 132 [Regarding Selection of a Mediator for the Economic Loss Class Actions]: Upon review of the parties' selections, the Court hereby selects Layn R. Phillips of Phillips ADR. Counsel shall promptly contact Mr. Phillips to negotiate a fee arrangement, confirm that he is able and willing to serve as the mediator in this matter (including but not limited to confirming that he does not have any conflicts that would preclude his service), and that he is available to begin meeting with the parties in a timely fashion (ideally, in the next month or two at the latest), and shall advise the Court by joint letter no later than September 25, 2017, in the event that a new selection must be made. By that same date, the parties shall also submit an agreed upon proposed Order of appointment (or competing proposed orders with appropriate letter briefing) that sets forth the terms and conditions of the mediator's appointment, as appropriate, presumably including but not limited to the scope of the mediator's authority; the payment of fees and costs; the confidentiality and preservation of communications; the propriety and terms of ex parte communication with the parties; and the propriety and terms of communication (ex parte or otherwise) with the Court. (With respect to the issue of communications with the Court, the Court reserves judgment pending the parties' proposed Order, but is inclined to believe that the mediator should be permitted to communicate confidential information to the Court, to be filed under seal, with the agreement of counsel for both sides and should otherwise be permitted to communicate with the Court regarding non-confidential matters, including procedural issues and updates on the progress of settlement communications.) SO ORDERED. (Signed by Judge Jesse M. Furman on 9/11/2017) (ras)
September 1, 2017	Filing 291 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. Amy Cochran (Individually, and Representative of the Estate of Katie Beckman), Chris Cochran (Individually, and Representative of the Estate of Katie Beckman), Joyce Cook, Amy Cullum (Individually, and as Next Friend of Alexandria Regan-Laye), Amy Cullum, Price Bethea and Price Bethea (Individually, and as Next Friend of Trevyon Peterson) terminated. (Signed by Judge Jesse M. Furman on 9/1/2017) (ap)
August 30, 2017	Filing 290 ORDER NO. 131 [Regarding Amended Schedule for Motion Practice, Discovery, and Bellwether Procedures Related to and Proposed Amendment of the Fourth Amended Consolidated Complaint]: The Court, having received and reviewed the parties' letter briefs (Docket Nos. 4459, 4460), hereby amends Order No. 114 as follows. Consistent with the Court's comments at the August 11, 2017 Status Conference, plaintiffs shall file their motion for leave to amend the FACC to add additional plaintiffs by Friday, September 8, 2017. New GM shall file its opposition brief by Friday, October 6, 2017. Plaintiffs shall file their reply brief by Friday, October 20, 2017. Plaintiffs' proposed new named plaintiffs must submit substantially complete Plaintiff Fact Sheets, declarations, authorizations (where applicable), and requested documents by no later than Friday, September 29, 2017. Bellwether State Selection Process: No later than Thursday, September 7, 2017, New GM shall file a letter indicating whether it selects New York or Texas as the third Bellwether State. Motion for Summary Judgment on Benefit of the Bargain in the Sixteen FACC Motion Practice Jurisdictions: By Friday, October 6, 2017, New GM shall file a motion for summary judgment. Plaintiffs' opposition must be filed by Thursday, November 2, 2017. New GM's reply must be filed by Friday, November 10, 2017. Fact discovery contemplated under Order No. 84 and Order No. 114 for the plaintiffs' claims in the Bellwether States shall be completed by no later than Friday, December 15, 2017. Discovery related to FACC plaintiffs and FACC plaintiffs' claims outside of the Bellwether States shall be stayed until further order of the Court (except as required by Paragraph 1 above). By no later than Friday, November 10, 2017, Lead Counsel shall disclose any experts (including, but not limited to class and merits experts) and serve expert reports related to the plaintiffs' claims in the Bellwether States. By Friday, December 22, 2017, New GM shall depose plaintiffs' experts. By Friday, February 2, 2018, New GM shall disclose any experts (including, but not limited to class and merits experts) and serve expert reports. By Friday, March 2, 2018, Lead Counsel shall disclose any experts and reports limited strictly to rebuttal of New GM's experts. By Friday, March 16, 2018, plaintiffs shall depose New GM's experts, New GM shall depose plaintiffs' rebuttal experts, and expert discovery shall be completed. Bellwether State Summary Judgment Motion Practice: New GM shall file any motion for summary judgment by Tuesday, April 3, 2018. Plaintiffs shall file their opposition by Tuesday, May 15, 2018. New GM shall file its reply by Tuesday, June 12, 2018. Bellwether State Class Certification Motion Practice: Plaintiffs shall file any motion for class certification by Tuesday, April 3, 2018. New GM shall file its opposition by Tuesday, May 15, 2018. Plaintiffs shall file their reply by Tuesday, June 12, 2018. The Court will hold a hearing on the summary judgment and class certification motion practice contemplated herein in September 2018 or as soon thereafter as is reasonably practical. To the extent not expressly modified herein, all deadlines in Order No. 114 (and any other previous order modifying Order No. 114) remain in full force and effect, and as further set forth herein. (Signed by Judge Jesse M. Furman on 8/30/2017) As per chambers, deadlines not to be set in 14-mc-2543. (ras)
August 22, 2017	Filing 289 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. SO ORDERED. (Party William Moore, Maria Steward, Jennifer Beth Willbanks terminated.) (Signed by Judge Jesse M. Furman on 8/21/2017) (ras) Modified on 8/24/2017 (ras).
August 22, 2017	Filing 288 ORDER NO. 130 [Regarding the August 11, 2017 Status Conference]: A Status Conference will be held Wednesday, October 4, 2017, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York. Unless and until the Court orders otherwise, the parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 V, Docket No. 249) or in separate letter updates, as circumstances require. Consistent with the Court's comments at the Status Conference, including the Court's decision to adopt an economic loss bellwether procedure, by Friday, August 25, 2017, the parties should submit a joint proposal or competing proposals addressing, among the other issues discussed at the Status Conference: (1) the timing and briefing schedule for plaintiffs' proposed motion for leave to amend the Fourth Amended Consolidated Complaint...Additionally, per the parties' agreement (Docket Nos. 4337-4338), the parties should meet and confer regarding application of the Court's prior motion to dismiss opinions to the remaining 35 states and submit an agreed plan (or competing plans) with respect to resolving any differences in the parties' positions by no later than December 15, 2017. Consistent with the Court's comments at the Status Conference, the trial date for Bellwether Trial No. 11 has been continued to Monday, June 18, 2017. The parties should review the current pretrial schedule, meet and confer and propose any modifications as appropriate. Consistent with the Court's comments at the Status Conference, the parties should meet and confer and submit a joint or competing proposals regarding a mediator for the economic loss claims by no later than Monday, August 21, 2017, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/21/2017) (ras)
August 9, 2017	Filing 287 MEMORANDUM OPINION AND ORDER [Regarding Plaintiffs' Motion for Reconsideration and/or Clarification of the Court's Order Dismissing the Claims of "Pre-Recall Plaintiffs"]: re: (4256 in 1:14-md-02543-JMF) MOTION for Reconsideration re; (4175) Memorandum & Opinion, Plaintiffs' Motion for Reconsideration and/or Clarification of Court's Order Dismissing Certain Damages Claims of Plaintiffs Who Purchased After the Sale Order filed by GM Ignition Switch MDL Plaintiffs. Plaintiffs' motion for reconsideration is GRANTED, and the Court's prior Opinion and Order is modified as reflected here. The Clerk of Court is directed to terminate Docket No. 4256, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/9/2017) (ras)
August 8, 2017	Filing 286 ORDER: granting (4282) Motion to Dismiss in case 1:14-md-02543-JMF; granting (59) Motion to Dismiss in case 1:16-cv-02047-JMF; granting (48) Motion to Dismiss in case 1:16-cv-02315-JMF; granting (49) Motion to Dismiss in case 1:16-cv-02391-JMF; granting (47) Motion to Dismiss in case 1:16-cv-02875-JMF; granting (47) Motion to Dismiss in case 1:16-cv-02919-JMF; granting (57) Motion to Dismiss in case 1:16-cv-03105-JMF. In light of Plaintiffs' continued failure to submit substantially complete PFSs as required by Order No. 25, the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should any Plaintiff submit all required documentation within the next thirty days, or otherwise contest this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 4282; 16-cv-3105. Docket No. 57; 16-cv-2047, Docket No. 59; 16-cv-2391, Docket No. 49; 16-cv-2919, Docket No. 47; 16-cv-2875, Docket No. 47; and 16-cv-2315, Docket No. 48, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/8/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ap) Modified on 8/9/2017 (ap).
August 7, 2017	Filing 285 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiff's actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. Bonnie Dutcher, Amber Harshman, Dorothy Lewis, Joshua Lewis, Tyler Locke, Tonya Yvonne Mayo, Tyler Allen Norris, Coriona Pavol, Richard Smith, and Allan Barry terminated. (Signed by Judge Jesse M. Furman on 8/7/2017) (ap) Modified on 8/7/2017 (ap). Modified on 8/8/2017 (ap). Modified on 8/28/2017 (ap).
August 3, 2017	Filing 284 OPINION AND ORDER [Regarding New GM's Partial Motion for Summary Judgment on Plaintiffs' Successor Liability Claims in the Fourth Amended Consolidated Complaint]: re: (3519 in 1:14-md-02543-JMF) MOTION for Summary Judgment on Successor Liability, filed by General Motors LLC. The Court grants New GM's motion for summary judgment with respect to Plaintiffs' successor liability claims in part and reserves judgment on the remainder of the motion. Specifically, the Court holds that: Plaintiffs' claims are not barred by the Second Circuit's decision in Tronox because, by virtue of the due process violation, Plaintiffs did not know about, and could not bring, the claims at the time of the bankruptcy; Each jurisdiction's choice-of-law rules must be applied to determine the substantive law that governs the merits of Plaintiffs' successor liability claims in that jurisdiction; Based on a jurisdiction-by-jurisdiction analysis, Delaware law applies to Plaintiffs' successor liability claims in seven jurisdictions considered here: California, the District of Columbia, Florida, Louisiana, Massachusetts, New York, and Wisconsin. The applicable law to be applied in the other nine jurisdictions is as follows: (See document); Under Delaware law, Plaintiffs' successor liability claims fail as a matter of law, requiring dismissal of those claims in seven of the sixteen states; and Additional briefing is warranted on the merits of Plaintiffs' claims in the other nine jurisdictions due to, among other things, the potential settlement between Plaintiffs and the GUC Trust. Accordingly, the successor liability claims of Plaintiffs from California, the District of Columbia, Florida, Louisiana, Massachusetts, New York, and Wisconsin are dismissed, and the Court reserves judgment on the successor liability claims of Plaintiffs from Alabama, Illinois, Maryland, Michigan, Missouri, Oklahoma, Pennsylvania, Texas, and Virginia. With respect to those nine jurisdictions, the parties shall, no later than August 24, 2017, file supplemental memoranda of law, not to exceed twenty-five pages in length, addressing the merits (including any effect of the settlement negotiations or potential settlement between Plaintiffs and the GUC Trust, as to which the parties should submit supporting declarations as appropriate). The Clerk of Court is directed to terminate Docket No. 3519, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/3/2017) (ras)
August 1, 2017	Filing 283 ORDER NO. 129 [Regarding Submission of Electronic Courtesy Copies of Certain Motion Papers]: Effective immediately, with respect to (1) substantive motions for all bellwether trials (including, but not limited to, Daubert motions, summary judgment motions, OSI briefing, and motions in limine); and (2) substantial motions relating to the MDL as a whole, the economic loss class action claims, or any member case (including, but not limited to, motions to dismiss, motions for summary judgment, motions for class certification, and motions to remand), the parties shall adhere to the following procedures for the submission of electronic courtesy copies (which are to be filed in addition to, rather than in place of, paper courtesy copies). (See document). The Court's Individual Rules and Practices and all prior Orders continue to apply to the MDL and all member cases, except as modified herein. For avoidance of doubt, the parties are still required to follow the procedures set forth in MDL Order No. 77 at the time any motion to seal or motion to redact is filed. (Signed by Judge Jesse M. Furman on 8/1/2017) (ras)
July 26, 2017	Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 7/26/2017. (Tam, David)
July 19, 2017	Filing 282 ORDER NO. 128 [Regarding New GM's Phase Two Bellwether Plan Category C Replacement Case Selections]: Upon review of the parties' joint letter dated July 17, 2017, and for good cause shown, the Court adopts a revised schedule for New GM's New Replacement Discovery Pool Category C Replacement Case selections as follows. By Monday, July 24, 2017, New GM shall select two cases that satisfy the Category C criteria ("Discovery Pool Category C Replacement Cases"). Fact discovery in the New GM Discovery Pool Category C Replacement Cases will commence on Monday, July 24, 2017 and will conclude no later than Friday, November 3, 2017. By 5:00 p.m. EDT on Friday, November 3, 2017, Lead Counsel will exercise one strike against a New GM Discovery Pool Category C Replacement Case. The remaining case will constitute the New GM Phase Two Category C Replacement Case Early Trial Candidate for Bellwether Trial No. 11 and will proceed to case-specific expert discovery as follows: Lead Counsel shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Monday, December 11, 2017. Lead Counsel shall present their expert witnesses for deposition on or before Friday, January 12, 2018. New GM shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Friday, January 19, 2018. New GM shall present its expert witnesses for deposition on or before Friday, February 12, 2018. Absent good cause, no rebuttal expert reports shall be permitted. Expert discovery for the Phase Two Category C Replacement Case Trial Candidate shall conclude by Friday, February 12, 2018. By Friday, January 26, 2018, the parties will meet and confer and submit a joint proposed order regarding deadlines for submitting any Daubert motions, dispositive motions, and motions in limine for Bellwether Trial No. 11. The New GM Phase Two Category C Replacement Case Trial Candidate shall be scheduled as MDL Bellwether Trial No. 11 from May 7, 2018-May 25, 2018. (Trial will not be held on May 21, 2018, as it is a Jewish holiday.) To the extent not modified herein, all deadlines in Order Nos. 107, 118, and 121 (and any other previous order modifying Order Nos. 107 and 118) remain in full force and effect, and as further set forth herein. ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (Signed by Judge Jesse M. Furman on 7/18/2017) (ras) Modified on 7/21/2017 (ras).
July 19, 2017	Filing 281 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all action, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulated to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk or Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/19/2017) (ras)
July 12, 2017	Filing 280 ORDER NO. 127 [Regarding the July 6, 2017 Status Conference]: A Status Conference will be held Tuesday, August 8, 2017, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 V, Docket No. 249) or in separate letter updates, as circumstances require. Consistent with the Court's comments on the record at the Status Conference, by Thursday, July 13, 2017, the parties should submit a joint letter setting forth their positions with respect to whether additional briefing on New GM's motion for summary judgment on successor liability claims (Docket No. 3519) would be appropriate in light of any potential settlement of the plaintiffs' Late Claims Motion in the Bankruptcy Court. Additionally, consistent with Order No. 114 Section II (Docket No. 3431) and the Court's comments at the Status Conference, by no later than Friday, July 21, 2017, the parties should submit competing letter briefs (not to exceed ten single-spaced pages) with respect to the effect of (and how to proceed in light of) the Court's Opinion and Order Regarding New GM's Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint ("FACC") (Docket No. 4175). Consistent with the Court's comments on the record at the Status Conference, Order No. 123 Paragraph 1 (Docket No. 3902) is hereby modified such that the Dodson trial will commence on Thursday, November 2, 2017. All pretrial deadlines set forth in Order No. 123 remain in effect unless and until the Court orders otherwise. Consistent with the Court's comments on the record at the Status Conference, wherein the Court granted New GM's request for a replacement Category C Bellwether Trial Candidate (Docket No. 4166), the parties shall submit an agreed-upon proposed order by Thursday, July 13, 2017 regarding case selection, discovery, and other pretrial deadlines for the additional Category C cases. Consistent with the Court's comments on the record at the Status Conference, the parties will keep the Court apprised of developments regarding settlement. To that end, New GM should include in the parties' monthly related case update letters a report on the status of settlement similar to New GM's February 24, 2017 report. (See Docket No. 3726.) (And as further set forth in this order.) (Signed by Judge Jesse M. Furman on 7/12/2017) As per instructions from chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Signed by Judge Jesse M. Furman on 7/12/2017) (ras) Modified on 7/13/2017 (ras).
July 12, 2017	Filing 279 ORDER NO. 126 - Regarding Common Benefit Order Fund Disbursement: IT IS ORDERED that the Common Benefit Order Funds shall be disbursed in the amounts set forth within. The Court will file and maintain the billing records submitted in connection with the present motion under seal. The Clerk of Court is directed to terminate Docket No. 4186. (Signed by Judge Jesse M. Furman on 7/12/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)
July 6, 2017	Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 7/6/2017. (Tam, David)
June 30, 2017	Filing 278 ORDER regarding Tentative Agenda Letter for the July 6, 2017 Status Conference filed by General Motors LLC. (MDL Docket 4172). Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed in the parties' Tentative Agenda Letter at the July 6, 2017 status conference. In addition, counsel should confer and be prepared to propose dates for future status conferences as appropriate. If possible, counsel should also be prepared to address - at least in general terms - how to proceed in light of the Court's ruling shortly ago on New GM's partial motion to dismiss the Fourth Amended Consolidated Complaint. (To be clear, given the holiday weekend and trial preparations, not to mention the Opinion's length, the Court does not expect that counsel will have had an opportunity to absorb the Court's ruling in any meaningful way and will not expect counsel to be prepared to address the impact of the Opinion in any detail.) Finally, per the Scheduling Order entered on May 24, 2017 (MDL Docket No. 4019), the Court will conduct the MDL status conference beginning at 9:30 a.m. and then proceed to the final pretrial conference in Ward v. General Motors LLC immediately after concluding the MDL status conference. Thereafter, the Court will meet in camera with counsel to address settlement-related issues, as requested in the parties' letter. (Signed by Judge Jesse M. Furman on 6/30/2017) (Furman, Jesse)
June 30, 2017	Filing 277 OPINION AND ORDER [Regarding New GM's Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint] re: (3577 in 1:14-md-02543-JMF) MOTION to Dismiss Claims of Certain Plaintiffs in the Fourth Amended Consolidated Complaint, filed by General Motors LLC. For the reasons stated below, New GM's motion to dismiss is GRANTED in part and DENIED in part. More specifically, it is GRANTED with respect to Plaintiffs' repleaded "brand devaluation" claims, but DENIED with respect to Plaintiff's lost-time-to repair claims. Additionally, it is GRANTED with respect to Plaintiffs who purchased their vehicles prior to New GM's inception or disposed of their vehicles prior to the recall announcement. And finally, New GM's motion to dismiss Plaintiffs' claims in Alabama, Illinois, Massachusetts, Michigan, New York, Pennsylvania, Texas, and Wisconsin is GRANTED in part and DENIED in part, depending on, among other things, whether each state's law allows claims in the absence of a manifested defect, requires a special trust relationship between the parties for a duty to disclose to arise, and permits plaintiffs to plead both contract claims and unjust enrichment claims. Ultimately, for the reasons that follow, most of Plaintiffs' consumer fraud, fraudulent concealment, and breach of implied warranty claims survive, while the bulk of Plaintiffs' unjust enrichment claims must be and are dismissed. As the Court indicated in the last round of motion practice, although this ruling addresses only some of the claims in the operative complaint, it should inform the parties with respect to the viability of other claims and, more generally, bear upon the further progress of the MDL. Pursuant to Order No. 114 (Docket No. 3431), no later than three weeks from the date of this Opinion and Order, the parties shall meet and confer and advise the Court of their views with respect to whether and how the Court's rulings apply to the thirty-five jurisdictions that have not been the subject of full briefing (the Court's sincere hope being that it will not have to repeat this exercise with respect to each and every one of the remaining jurisdictions). Any submissions should address a briefing schedule and process if either side believes that briefing or motion practice is appropriate. Further, to the extent the parties find it helpful, they should confer and submit a chart (or proposed order) summarizing the rulings in this Opinion and Order with respect to the named Plaintiffs' claims, to be so ordered by the Court. In those submissions, Plaintiffs should also indicate to the Court whether they intend to amend the FACC (as to any of the claims that were dismissed with leave to amend) and, if so, provide an outline of the proposed amendments and a proposed schedule. The Clerk of Court is directed to terminate Docket No. 3577, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 6/30/2017) (ras)
June 21, 2017	Filing 276 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 6/20/2017) (ras)
June 20, 2017	Filing 274 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiff, David Rose, through his undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby gives notice of his voluntary dismissal with prejudice of all his actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit A will remain pending in the civil action affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's action. The Clerk of Court is directed to terminate Mr. Rose as a party. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/20/2017) (ras)
June 7, 2017	Filing 275 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B will remain pending in the civil actions affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 6/7/2017) (ras)
May 25, 2017	Filing 273 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. SO ORDERED. Bobby Bielby, Veronica Cheverez, Clint Haywood, Melissa Holloway, Barbara Nuss, Cherie Sharkey, Mike Sharkey, Kimberly Short-Plessinger, Lila Spinner, and Patricia Badge terminated. Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-cv-05810-JMF, 1:14-cv-08176-JMF, 1:14-cv-10023-JMF, 1:15-cv-04142-JMF. (Signed by Judge Jesse M. Furman on 5/24/2017) (ras)
May 24, 2017	Filing 272 SCHEDULING ORDER: Upon reflection, to accommodate counsel who wish to listen to the MDL status conference through Court Call, the Court will conduct the MDL status conference first on July 6, 2017, beginning at 9:30 a.m., and then proceed to the final pretrial conference in Ward v. General Motors immediately after conclusion of the MDL status conference. SO ORDERED. Status Conference set for 7/6/2017 at 09:30 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/24/2017) (ama)
May 15, 2017	Filing 271 ORDER NO. 125 [Regarding the Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1, 2, and 5 to MDL Bellwether Trial No. 7 (Ward)]: The Court adopts the holdings contained in the chart attached as Exhibit 1 to this Order concerning the applicability of the listed pretrial orders from Bellwether Trial Nos. 1, 2, and 5 to Bellwether Trial No. 7, and as further set forth herein. (Signed by Judge Jesse M. Furman on 5/15/2017) (ras)
April 20, 2017	Filing 270 NOTICE OF VOLUNTARY DISMISSAL: The plaintiff listed on the attached Exhibit A, each by and through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, and the Confidential Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sold plaintiffs in a case), to close the case. The plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed against the defendant(s) All Defendants. Cecilia Vindiola (individually and as representative of the Estate of Jade Quintana) terminated. (Signed by Judge Jesse M. Furman on 4/20/2017) (ap) Modified on 4/21/2017 (ap).
April 20, 2017	Filing 269 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiff, Corinna Wilson, through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby gives notice of her voluntary dismissal with prejudice of all her actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit A will remain pending in the civil action affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's action. The Clerk of Court is directed to terminate the plaintiff as a party. (Signed by Judge Jesse M. Furman on 4/20/2017) (ap)
April 5, 2017	Filing 268 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Confidential Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain active in MDL 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 4/5/2017) (kgo)
April 4, 2017	Filing 267 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 4/3/2017) (kgo)
March 29, 2017	Filing 266 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (As further set forth herein.) (Signed by Judge Jesse M. Furman on 3/28/2017) (kgo)
March 24, 2017	Filing 265 SCHEDULING ORDER: IT IS HEREBY ORDERED that the status conference in this matter, previously scheduled for March 31, 2017, at 9:30 a.m., is RESCHEDULED to April 27, 2017, at 9:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall promptly update the MDL website accordingly. The Clerk of Court is directed to docket this order in 14-MD-2543, 14-MC-2543, and all member cases. Status Conference set for 4/27/2017 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/24/2017) (kgo)
March 20, 2017	Filing 264 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B will remain pending in the civil actions affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 3/20/2017) (kgo)
February 23, 2017	Filing 263 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement, the plaintiffs listed on the attached Exhibit A hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 2/23/2017) (kgo)
February 23, 2017	Filing 262 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement, the plaintiffs listed on the attached Exhibit A hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (As further set forth herein.) (Signed by Judge Jesse M. Furman on 2/22/2017) (kgo)
February 17, 2017	Filing 261 ORDER NO. 122: The Court, having held a Status Conference on February 10, 2017, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' February 4, 2017 tentative agenda letter (Docket No. 3673), issues this Order to memorialize the actions taken and rulings made at the Status Conference. (As further set forth herein.) Motions due by 3/23/2017. Responses due by 4/6/2017 Replies due by 4/17/2017. Deposition due by 9/14/2017. Expert Discovery due by 9/14/2017. Status Conference set for 3/31/2017 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 2/17/2017) (kgo)
February 17, 2017	***DELETED DOCUMENT. Deleted document number #262 ORDER. The document was incorrectly filed in this case. (kgo)
February 10, 2017	Filing 260 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in the case have been terminated (or the named plaintiffs are the sole plaintiffs in the case), to close the case. (Signed by Judge Jesse M. Furman on 2/10/2017) (cla)
February 8, 2017	Filing 259 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Mary F. Wilson, Kelly C. Norris, and Faye S. Williams as Executrix of the Estate of Joan Smith Forrister, deceased, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(ii), hereby give notice of the voluntary dismissal with prejudice of all actions against all General Motors LLC and other defendants, as further set forth in this Order. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. Faye S. Williams (as Executrix of the Estate of Joan Smith Forrister, Deceased), Faye S. Williams (as Executrix of the Estate of Joan Smith Forrister, Deceased), Marty F. Wilson, Marty F. Wilson (Individually), Kelly C. Norris and Kelly C. Norris (Individually) terminated. (Signed by Judge Jesse M. Furman on 2/8/2017) (cf)
February 8, 2017	Filing 258 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 2/8/2017) (mro)
February 3, 2017	Filing 257 COMMON BENEFIT ORDER FUND DISBURSEMENT ORDER granting (3640) Motion for Disbursement of Funds in case 1:14-md-02543-JMF. WHEREAS, Plaintiffs seek reimbursement of one hundred percent (100%) of the assessment payments that have been by made Executive Committee members and by Liaison Counsel, and seventy-five percent (75%) of the assessment payments that have been made by Co-Lead Counsel; WHEREAS, there are sufficient funds for these reimbursements in the Common Benefit Order Fund, NOW, THEREFORE, IT IS ORDERED that the Common Benefit Order Funds shall be disbursed in the amounts as forth herein. Co-Lead Counsel shall retain in their possession the documents submitted in support of the motion in case there is a need for further review in the future. Counsel are reminded that they must adhere to the terms of Order No. 13 (Docket No. 304), including the limitations on travel and the like. The Clerk of Court is directed to terminate Docket No. 3640. (Signed by Judge Jesse M. Furman on 2/3/2017) (mro)
January 30, 2017	Filing 256 ORDER NO. 121: The Court adopts a revised schedule for these two New GM Discovery Pool Category C Replacement Case selections as follows herein. To the extent not modified herein, all deadlines in Order Nos. 107 and 118 (and any other previous order modifying Order Nos. 107 and 118) remain in full force and effect. (As further set forth herein.) Fact Discovery due by 5/22/2017. Expert Discovery due by 9/14/2017. (Signed by Judge Jesse M. Furman on 1/30/2017) (kgo)
January 27, 2017	Filing 255 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A (Jacqueline Brown), by and through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby gives notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's actions. The Clerk of Court is directed to close 16-CV-7583. (Signed by Judge Jesse M. Furman on 1/26/2017) (mro)
January 25, 2017	Filing 254 ORDER NO. 120: For ease of reference, the chart attached as Exhibit 1 to this Order summarizes all of the pretrial deadlines set forth above for Bellwether Trial No. 7. If any party should later move to amend any of these deadlines, that party shall submit as part of the letter motion requesting the extension a revised version of this chart with the proposed amendments. Amended Pleadings due by 2/24/2017. Motions due by 4/10/2017. Responses due by 5/8/2017 Replies due by 5/19/2017. Deposition due by 6/22/2017. Final Pretrial Conference set for 6/29/2017 at 09:00 AM before Judge Jesse M. Furman. Proposed Pretrial Order due by 6/22/2017. (Signed by Judge Jesse M. Furman on 1/25/2017) (kgo)
January 25, 2017	Filing 253 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The Plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give their notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors, LLC and all other defendants. Costs taxed as paid. General Motors, LLC has no objection to the dismissal with prejudice of these plaintiffs' actions. SO ORDERED. The Clerk of Court is directed to close 15-CV-7552. (Signed by Judge Jesse M. Furman on 1/25/2017) (mro)
January 10, 2017	Filing 252 MEMO ENDORSEMENT on re: (71 in 1:16-cv-00028-JMF) FIRST LETTER MOTION to Substitute Attorney. Old Attorney: Jeffrey D. Gold, New Attorney: N/A addressed to Judge Jesse M. Furman from Jeffrey D. Gold dated January 10, 2017. filed by Gabriel Armenta. ENDORSEMENT: Plaintiff is directed to file any opposition to counsel's motion to withdraw no later than January 24, 2017. Counsel's reply, if any, shall be filed no later than January 31, 2017. Counsel for Plaintiff is directed to serve a copy of this memo endorsement on Plaintiff and promptly file proof of such service on the docket. ( Responses due by 1/24/2017, Replies due by 1/31/2017.) (Signed by Judge Jesse M. Furman on 1/10/2017) (mro)
December 15, 2016	Filing 251 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 12/15/2016) (cla)
December 13, 2016	Filing 250 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulated to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 12/13/2016) (cla)
December 8, 2016	Filing 249 ENDORSED LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser & Bob Hilliard dated 12/7/2016 re: Opposition to Request for Extension. ENDORSEMENT: Given New GM's extension and the holidays, Plaintiffs' deadline to respond to the summary judgment motion is extended to January 6, 2017; New GM's deadline to reply is extended to January 20, 2017. (Responses due by 1/6/2017, Replies due by 1/20/2017.) (Signed by Judge Jesse M. Furman on 12/7/2016) (cla)
December 2, 2016	Filing 248 ORDER NO. 119 [Regarding Absent Class Member Discovery Related to Fourth Amended Consolidated Complaint]: The Court, having received and reviewed the parties' competing positions set forth in their November 16, 2016 and December 1, 2016 joint letters (Docket No. 3533, 3563), HEREBY ORDERS, ADJUDGES, and DECREES that Phase Three discovery of absent putative class members (members of the alleged classes that have not been named in the Fourth Amended Consolidated Complaint ("FACC")) shall proceed as set forth in this Order. (Signed by Judge Jesse M. Furman on 12/2/2016) (mro)
November 28, 2016	Filing 247 ORDER NO. 118 [Regarding the Amended Phase Two Bellwether Plan for Personal Injury and Wrongful Death Cases]: Order No. 107 set forth the schedule for the Phase Two Bellwether Plan for Personal Injury and Wrongful Death Cases based on claims arising out of alleged defects in vehicles manufactured by General Motors LLC ("New GM") or General Motors Corporation ("Old GM"). The Phase Two Bellwether Plan covers three categories of claims involving accidents occurring on or after July 11, 2009. (See Order No. 107, Docket No. 3081.) Dispositive motions for the Initial Limited Case Pool shall be filed on or before Friday, February 17, 2017. Dispositive motions shall be limited to the following issue: Does a disputed issue of material fact exist over whether an alleged inadvertent ignition switch rotation occurred in an accident where the air bags deployed during the accident? Oppositions to dispositive motions shall be filed on or before Monday, March 20, 2017. Any replies shall be filed on or before Monday, April 3, 2017. By Monday, January 9, 2017, Lead Counsel and counsel for New GM shall each submit letter briefs proposing the sequence of trials for MDL Bellwether Trials 7-9 and setting forth the parties' supporting rationales for their proposed sequences. The Court will then designate the sequence for trying these three Phase Two Early Trial Cases. Fact discovery and expert discovery for Lead Counsel's Discovery Pool Category C Replacement Cases shall proceed on a different schedule from New GM's Category C Discovery Pool Case selections. Fact discovery in the Discovery Pool Category C Replacement Cases will conclude no later than Friday, March 17, 2017. By 5:00 p.m. EDT on Monday, March 20, 2017, New GM will exercise one strike against a Discovery Pool Category C Replacement Case selected by Lead Counsel. The remaining case will constitute the Phase Two Category C Replacement Case Early Trial Candidate and will proceed to case-specific expert discovery as follows: (a) Lead Counsel shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Wednesday, April 26, 2017. (b) Lead Counsel shall present their expert witnesses for deposition on or before Friday, May 26, 2017. (c) New GM shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Friday, June 2, 2017. (d) New GM shall present its expert witnesses for deposition on or before Monday, July 6, 2017. (e) Absent good cause, no rebuttal expert reports shall be permitted. (f) Expert discovery for the Phase Two Category C Replacement Case Trial Candidate shall conclude by Monday, July 6, 2017. The Phase Two Category C Replacement Case Trial Candidate shall be scheduled as MDL Bellwether Trial No. 10 from January 15, 2018-February 2, 2018 as set forth in Order No. 107 paragraph 13. To the extent not modified herein, all deadlines in Order No. 107 (and any other previous order modifying Order No. 107) remain in full force and effect. (As further set forth in this Order.) ( Brief due by 1/9/2017., Deposition due by 7/6/2017., Expert Discovery due by 7/6/2017., Fact Discovery due by 3/17/2017., Motions due by 2/17/2017., Responses due by 3/20/2017, Replies due by 4/3/2017.) (Signed by Judge Jesse M. Furman on 11/28/2016) (mro)
November 18, 2016	Filing 246 ORDER NO. 117: The Status Conference previously scheduled for Friday, December 14, 2016 at 9:30 a.m. EST shall remain on the schedule. In addition, a Status Conference will be held Friday, February 10, 2017, at 9:30 a.m. EST. Both Status Conferences shall be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (As further set forth in this Order.) Consistent with the Court's comments on the record at the Status Conference, the parties will keep the Court apprised of developments regarding settlement. (Status Conference set for 12/14/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman., Status Conference set for 2/10/2017 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/18/2016) (cf)
November 16, 2016	Filing 245 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 11/16/2016) (mro)
November 10, 2016	Filing 243 ORDER OF DISMISSAL: The Court having been advised on the record at the November 10, 2016 Conference that all claims asserted in Davidson v. General Motors, LLC have been settled in principle, it is ORDERED that the above-entitled member action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. (As further set forth in this Order.) Any pending motions are moot. The Clerk of Court is directed to close the member case. (Signed by Judge Jesse M. Furman on 11/10/2016) (cf)
November 9, 2016	Filing 244 NOTICE OF VOLUNTARY DISMISSAL The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs listed as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 11/9/2016) (mro)
November 9, 2016	Filing 242 ORDER NO 116 - Regarding the Agenda for the November 10, 2016 Status Conference: In addition to the agenda items set forth in the Courts November 7, 2016 Memo Endorsement, (Docket No. 3497), counsel should confer, as appropriate, with respect the following issues and/or questions and be prepared to address them at the November 10, 2016 Status Conference:(1) the status of the settlements between New GM and clients of Hilliard Munoz Gonzalez LLP and Thomas J. Henry Injury Attorneys (see Docket No. 1854), and any upcoming deadlines;(2) whether the Court should set a deadline for remand of any remaining cases falling within the scope of the Phase One Bellwether Plan and, if so, what the deadline should be and what procedures should govern remands; and(3) communications with, and discovery from, absent class members. As the Court will explain, it is inclined to allow New GM to pursue discovery from absent class members, but to limit and structure such discovery, either by capping the number of absent class members from whom New GM can take discovery or through some sort of statistical sampling. (Signed by Judge Jesse M. Furman on 11/9/2016) (ab)
November 4, 2016	Filing 241 SCHEDULING ORDER: IT IS HEREBY ORDERED that the status conference in this matter, previously scheduled for November 10, 2016, at 3:30 p.m., is RESCHEDULED to for the same day at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall promptly update the MDL website accordingly. The Clerk of Court is directed to docket this order in 14-MD-2543, 14-MC-2543, and all member cases. (Signed by Judge Jesse M. Furman on 11/4/2016) (ab)
October 20, 2016	Filing 240 ORDER NO. 115: The Court, having held a Status Conference on October 13, 2016, and having given counsel an opportunity to be heard on the agenda items set forth in the Court's October 11, 2016 Memo Endorsement (Docket No. 3420), issues this Order to memorialize the actions taken and rulings made at the Status Conference. The Status Conference previously scheduled for November 9, 2016 has been rescheduled to Thursday, November 10, 2016 at 3:30 p.m. EST. In addition, a Status Conference will be held Wednesday, December 14, 2016 at 9:30 a.m. EST. Both Status Conferences shall be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments on the record at the Status Conference, the parties shall meet and confer regarding the discovery issues raised in the Status Conference agenda letter (Docket No. 3416), and, no later than Tuesday, October 18, 2016, submit a joint letter advising the Court of those issues they have been able to resolve and those that remain in dispute. Per the Court's Order of October 19, 2016, granting an extension, no later than Wednesday, October 26, 2016, the parties shall submit competing letter briefs (not to exceed five single-spaced pages) regarding any unresolved issues. (As further set forth in this Order) (Signed by Judge Jesse M. Furman on 10/20/2016) (kl) Modified on 10/20/2016 (kl).
October 20, 2016	Set/Reset Hearings: Status Conference set for 12/14/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (kl)
October 14, 2016	Filing 239 ORDER NO. 114: For ease of reference, the chart attached as Exhibit 1 to this Order summarizes all of the deadlines set forth above and in Order No. 113 for next steps related to the economic loss claims in the MDL. If any party should later move to amend any of these deadlines, that party shall submit as part of the letter motion requesting the extension a revised version of this chart with the proposed amendments. ( Brief due by 11/14/2016., Deposition due by 11/2/2017., Fact Discovery due by 9/1/2017., Motions due by 1/19/2018., Responses due by 2/28/2018, Replies due by 3/28/2018., Reply to Response to Brief due by 2/17/2017., Responses to Brief due by 1/20/2017) (Signed by Judge Jesse M. Furman on 10/14/2016) (kgo)
October 13, 2016	Filing 238 ORDER NO. 113: The Court, having received and reviewed the parties' joint proposed order, HEREBY ORDERS, ADJUDGES, AND DECREES that motion practice concerning the successor liability claims in the Fourth Amended Consolidated Complaint ("FACC"), shall proceed as further set forth in this Order. (Signed by Judge Jesse M. Furman on 10/13/2016) (lmb)
October 11, 2016	Filing 237 ENDORSED LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser, Bob Hilliard dated 10/7/2016 re: Tentative Agenda for the October 13, 2016 Status Conference. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the October 13, 2016 status conference. In addition, the parties are advised that the Court needs to reschedule the status conference scheduled for November 9, 2016, due to a trial in an another matter. Counsel should be prepared to address a new date and time at the conference. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 10/11/2016) (cla)
September 19, 2016	Filing 236 ORDER NO. 112 [Regarding the September 7, 2016 Status Conference] denying without prejudice (193) Motion to Dismiss in case 1:14-cv-08385-JMF: In addition to the Status Conference previously scheduled for Thursday, October 13, 2016 at 2:00 p.m. EDT (see Order No. 111 I (Docket No. 3178)), a Status Conference will be held on Wednesday, November 9, 2016 at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties should continue to keep the Court apprised of proceedings in the Supreme Court, Second Circuit, and the Bankruptcy Court that may be related to the MDL Proceeding. Plaintiffs were granted an extension until Thursday, September 15, 2016 to file the Fourth Amended Consolidated Complaint ("FACC"). The deadline set forth in Order No. 111 for the parties to file joint or competing letter briefs regarding issues related to the FACC by Thursday, October 6, 2016 at 12:00 p.m. EDT remains in effect. The Boyd plaintiff's motion to dismiss is denied without prejudice. The parties should meet and confer immediately regarding the issues raised by Lead Counsel at the Status Conference, including any jurisdictional concerns, and raise any unresolved issues promptly, and as further set forth in this order. The Clerk of Court is directed to terminate 14-CV-8385, Docket No. 193. (Signed by Judge Jesse M. Furman on 9/19/2016) (tn)
September 19, 2016	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steve Berman re: Document No. #234 Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted - THE DEADLINE WAS SEPTEMBER 13, 2016.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (laq)
September 19, 2016	Set/Reset Deadlines: Brief due by 10/6/2016. (tn)
September 19, 2016	Set/Reset Hearings: Status Conference set for 10/13/2016 at 02:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 11/9/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (tn)
September 16, 2016	Filing 235 EXHIBIT TO PLEADING re: #234 Amended Complaint,. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 9-7-16 Status Conference Transcript)(Berman, Steve)
September 16, 2016	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steve W. Berman re: Document No. #234 Amended Complaint,. The filing is deficient for the following reason(s): the order granting permission to file the pleading was not attached; Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (dgo)
September 15, 2016	Filing 234 FOURTH AMENDED COMPLAINT amending #182 Amended Complaint, against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs. Related document: #182 Amended Complaint, filed by GM Ignition Switch MDL Plaintiffs, Paul Pollastro. (Attachments: #1 Fourth Amended Complaint Continued)(Berman, Steve) Modified on 9/16/2016 (dgo).
September 6, 2016	Filing 233 MEMO ENDORSEMENT on re: (3330 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: The Court has been advised that the Cockram and Norville cases have settled. In light of that, the Court is cancelling the jury panel called for tomorrow and the conference will be devoted to MDL issues generally, including the issues set forth above. Counsel should also be prepared to discuss whether, in light of the settlements of Cockram and Norville, the Court can do anything else to facilitate resolution of the remaining cases in the MDL (both core ignition switch cases and other cases, including those subject to the bellwether phase two plan). Given the settlement of Cockram and the limited nature of the agenda above, tomorrow's conference will begin at 9:30 a.m. instead of 9 a.m. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 9/6/2016) (tn)
September 6, 2016	Set/Reset Hearings: Status Conference set for 9/7/2016 at 09:30 AM before Judge Jesse M. Furman. (tn)
August 25, 2016	Filing 232 LETTER addressed to Judge Jesse M. Furman from Marjorie Creamer, dated 8/15/16 re: PLEADING FOR THE FOLLOWING JUDGMENT FURTHER DEFAULT OF GM FAILING TO NOTIFY IGNITION SWITCH/ ENCLOSED ARE VIN#1G1AL55F367780039 - 18 PAGES OF POLICE REPORT, CIVIL SUIT, PICTURES OF 2006 ETC. Document filed by Marjorie A. Creamer.(sc)
August 24, 2016	Filing 231 MEMORANDUM OPINION AND ORDER [Regarding the Collateral Estoppel Effect of the Second Circuit's Opinion in In re Motors Liquidation Co.]: Upon review of the parties' submissions (see Pl.'s Mem. Law Regarding Application of Collateral Estoppel (Docket No. 3214) ("Pl.'s Mem."); Def. Gen. Motors LLC's Mem. Law Regarding Collateral Estoppel (Docket No. 3216, Ex. 1) ("New GM's Mem.")); Pl.'s Reply Supp. Mem. Law Regarding Application Collateral Estoppel (Docket No. 3250) ("Pl.'s Reply"); New GM's Reply Brief Regarding Collateral Estoppel (Docket No. 3251), Cockram's request is DENIED. Cockram's argument that the Court should give collateral estoppel effect to the Second Circuit's decision in In re Motors Liquidation Co. (or to the Bankruptcy Court's own factual findings) is rejected as either unripe or without merit. (Signed by Judge Jesse M. Furman on 8/24/2016) (tn)
August 24, 2016	Filing 230 MEMORANDUM OPINION AND ORDER [Regarding the Parties' Categorical Objections to Deposition Designations and Counter-Designations]: The next bellwether trial in this multidistrict litigation ("MDL"), brought by Plaintiff Stephanie Cockram and familiarity with which is presumed, is scheduled to begin on September 12, 2016. Pursuant to Section 2(j) of Order No. 100 (Docket No. 2836), each party has raised "categorical" objections to the other's deposition designations and counter-designations. The Court will address each objection in turn, as further set forth in this order. Per Section 2(j) of Order No. 100, any remaining deposition designation disputes shall be submitted to the Court no later than August 30, 2016. (Signed by Judge Jesse M. Furman on 8/24/2016) (tn)
August 18, 2016	Filing 229 OPINION AND ORDER re: (2966 in 1:14-md-02543-JMF, 429 in 1:14-cv-08176-JMF) MOTION in Limine No. 26 to Exclude Testimony from Mary Cockram and Danny Cockram Regarding the Post-Accident Position of the Ignition Switch, filed by General Motors LLC, (444 in 1:14-cv-08176-JMF, 2983 in 1:14-md-02543-JMF) MOTION in Limine No. 28 to Exclude Evidence and Argument Relating to Plaintiff's Claim And/Or Plaintiff's Communications with the GM Ignition Compensation Claims Resolution Facility, filed by General Motors LLC, (2987 in 1:14-md-02543-JMF, 448 in 1:14-cv-08176-JMF) MOTION in Limine No. 8 to Exclude Certain Evidence and/or Argument Regarding New GMs Ignition Compensation Claims Resolution Facility, filed by Stephanie Cockram, (2962 in 1:14-md-02543-JMF, 425 in 1:14-cv-08176-JMF) MOTION in Limine No. 3 to Exclude Evidence of Post-Accident Drug Testing, Termination, and Rehabilitation, filed by Stephanie Cockram, (434 in 1:14-cv-08176-JMF, 2973 in 1:14-md-02543-JMF) MOTION in Limine No. 5 to Exclude from Trial Evidence of Marijuana and Tobacco Use and Smoking While Pregnant, filed by Stephanie Cockram, (439 in 1:14-cv-08176-JMF, 2978 in 1:14-md-02543-JMF) MOTION in Limine No. 6 to Exclude Evidence and/or Argument Regarding Certain of Plaintiff's Employment Records, filed by Stephanie Cockram, (2961 in 1:14-md-02543-JMF, 424 in 1:14-cv-08176-JMF) MOTION in Limine No. 25 to Exclude Evidence Relating to Improper Lay Opinions and Speculative Testimony by EMT Lester Harrell, Trooper James Cline, and Sergeant Jonathan Clark, filed by General Motors LLC, (2975 in 1:14-md-02543-JMF, 436 in 1:14-cv-08176-JMF) MOTION in Limine No. 27 to Exclude Evidence Relating to Recall Repairs, the Sufficiency of the Recall Notice, and the Availability of Repair Parts and Loaner Vehicles, filed by General Motors LLC, (2982 in 1:14-md-02543-JMF, 443 in 1:14-cv-08176-JMF) MOTION in Limine No. 7 to Exclude Evidence and/or Argument Regarding Her School Records and Learning Disabilities, filed by Stephanie Cockram. For the foregoing reasons, New GM's twenty-seventh and twenty-eighth motions in limine and Cockram's third and sixth motions in limine are granted; New GM's twenty-fifth and twenty-sixth motions in limine and Cockram's fifth motion in limine are granted in part and denied in part; Cockram's seventh motion in limine is granted in part and deferred in part; and Cockram's eighth motion in limine is denied. More specifically, the Court holds as follows: New GM's twenty-fifth motion in limine is granted with respect to the lay opinions of Harrel, Cline, and Clark concerning airbag non-deployment, but denied with respect to Harrell's seatbelt-related testimony; New GM's twenty-sixth in limine is granted as unopposed with respect to Mrs. Cockram, but denied with respect to Mr. Cockram, who may offer testimony regarding the position of the ignition switch; New GM's twenty-seventh motion in limine is granted as unopposed; New GM's twenty-eighth motion in limine is granted and Cockram's eighth motion in limine is denied. More specifically, New GM may introduce evidence of the Feinberg Program, but Cockram may not introduce evidence regarding her particular claim or settlement offer. In addition, the parties are directed to meet and confer and, if necessary, submit simultaneous letter briefs no later than August 29, 2016, and not to exceed five pages on the issue of appropriate remedies, including the issue of bifurcation; Cockram's third motion in limine (concerning her drug use) is granted, while her fifth motion in limine (concerning her tobacco use) is granted in part and denied in part, subject to Cockram's objections at trial; Cockram's sixth motion in limine is granted, subject to the right of New GM to seek reconsideration of the Court's ruling with respect to Cockram's pre-accident absences in the unlikely event that Cockram somehow opens the door to such evidence; and Cockram's seventh motion in limine is granted to the extent that she seeks to preclude admission of her college transcripts and 2002 vocational report, and otherwise deferred to trial. The Clerk of Court is directed to terminate 14-MD-2543, Docket Nos. 2961, 2962, 2966, 2973, 2975, 2978, 2982, 2983, and 2987; and 14-CV-8176, Docket Nos. 424, 425, 429, 434, 436, 439, 443, 444, and 448. (As further set forth in this Opinion) (Signed by Judge Jesse M. Furman on 8/18/2016) (kl)
August 15, 2016	Filing 228 OPINION AND ORDER re: (412 in 1:14-cv-08176-JMF) MOTION for Summary Judgment filed by General Motors, L.L.C., (2938 in 1:14-md-02543-JMF) MOTION for Summary Judgment filed by General Motors LLC: For the reasons stated above, New GM's motion for summary judgment is GRANTED in part and DENIED in part. Specifically, although Cockram's failure-to-recall claim and constructive fraud claim are dismissed, her other Independent Claims survive. As a result, Cockram may seek punitive damages in this case. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 2938; and 14-CV-8176, Docket No. 412. (Signed by Judge Jesse M. Furman on 8/15/2016) (tn)
August 5, 2016	Filing 227 ORDER NO. 111: In addition to the Status Conference previously scheduled for September 7, 2016 at 9:00 a.m. EDT (see Order No. 100 3 (Docket No. 2833)), a Status Conference will be held Thursday, October 13, 2016 at 2:00 p.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the Status Conference, the parties should continue to keep the Court apprised of proceedings in the Second Circuit and the Bankruptcy Court that may be related to the MDL Proceeding. Consistent with the Court's comments at the Status Conference, until the Court orders otherwise, those Bankruptcy Court appeals currently pending in MDL 2543 shall remain stayed. The parties are directed to meet and confer and, no later than Thursday, August 4, 2016, submit a joint letter stating their respective positions regarding a proposed schedule for resolving each of the appeals in light of the Second Circuit proceedings and filing of the Fourth Amended Consolidated Complaint. Consistent with the Court's July 26, 2016 Memo Endorsement (Docket No. 3142), the Cockram plaintiff's request to alter the Court's standard order of summations is DENIED. Additionally, the parties are directed to submit simultaneous briefs, not to exceed fifteen pages, regarding the collateral-estoppel effect issue no later than Tuesday, August 9, 2016; replies, not to exceed eight pages, shall be filed no later than Tuesday, August 16, 2016. (As further set forth in this Order.) Status Conference set for 10/13/2016 at 02:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/4/2016) (kgo) Modified on 8/5/2016 (kgo). Filed In Associated Cases: 1:14-md-02543-JMF et al., as per Chambers.
August 5, 2016	Set/Reset Deadlines: Brief due by 8/9/2016. (kgo)
August 2, 2016	Filing 226 ORDER: Plaintiff Marjorie Creamer, proceeding pro se, attended the status conference on July 28, 2016, and requested the Court's assistance in understanding the next steps in her case. (As further set forth in this Order.) Because Ms. Creamer is proceeding pro se, that is, not represented by an attorney, she must move for permission to become an Electronic Case Filing ("ECF") user (and take all other necessary steps to do so) no later than August 26, 2016. (A copy of this Court's Motion for Permission to Become an ECF user is also attached to this Order.) As long as Ms. Creamer is proceeding pro se and is not granted permission to use the ECF system, all of her communications with the Court must be directed to the Courts Pro Se office, 500 Pearl Street, Room 200, New York, New York 10007. These communications should include references to Dockets 14-MD-2543 (the "MDL Docket") and 16-CV-3923 (her individual member case). Until she is registered as an ECF user, counsel for New GM is directed to serve Ms. Creamer with any Order or court filing that pertains to her specific member case. The Clerk of Court is directed to mail a copy of this Order to Ms. Creamer at the address listed on the docket. (Signed by Judge Jesse M. Furman on 8/2/2016) (cf)
August 2, 2016	Transmission to Docket Assistant Clerk. Transmitted re: #226 Order to the Docket Assistant Clerk for case processing. (cf)
August 1, 2016	COUNTS I THROUGH XIV OF PLAINTIFFS' COMPLAINT ARE REMANDED OUT (16-cv-4180) from the U.S.D.C. Southern District of New York to Common Pleas Court of the State of Pennsylvania, County of Allegheny. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1004 351 5 on 8/12/2016. Filed In Associated Cases: 1:14-md-02543-JMF, 1:16-cv-04180-JMF(cf) (cf)
August 1, 2016	Filing 225 ORDER granting in part and denying in part (3097) Motion to Remand to State Court in case 1:14-md-02543-JMF; granting in part and denying in part (88) Motion to Remand to State Court in case 1:16-cv-04180-JMF. In accord with the parties' stipulation and agreement, the Court orders as follows: 1. New GM does not oppose the claims between the Plaintiffs and the Moving Defendants being severed from the case pursuant to Federal Rule of Civil Procedure 21 and remanded to the Court of Common Pleas of Allegheny County, Pennsylvania. Accordingly, Counts I through XIV of Plaintiffs' Complaint are severed and remanded to the Court of Common Pleas of Allegheny County, Pennsylvania. New GM shall not file or pursue claims relating to this action against the Moving Defendants in MDL 2543 or any other federal court. All cross-claims filed by a Moving Defendant against another Moving Defendant are severed and remanded to the Court of Common Pleas of Allegheny County, Pennsylvania. 2. The Moving Parties withdraw all requests to remand the claims between Plaintiffs and New GM or Motors Liquidation Company f/k/a General Motors Corporation ("Old GM," and collectively with New GM described in the Complaint as the "GM Defendants"). The Moving Parties waive any right to seek remand of the claims between Plaintiffs and the GM Defendants, and the Moving Parties stipulate that the claims between Plaintiffs and the GM Defendants will remain in this MDL 2543, pending further order of this Court. Should this Court remand the claims between Plaintiffs and the GM Defendants for trial at the close of coordinated or consolidated proceedings, such remand shall be to the Western District of Pennsylvania. Accordingly, Counts XV through XXIV of Plaintiffs' Complaint shall remain in this Court as part of MDL 2543. The Moving Parties shall not file or pursue claims relating to this action against the GM Defendants in any state court. The Moving Defendants withdraw all cross-claims against the GM Defendants. In the event that Old GM were to file or pursue claims against any Moving Defendant, the Moving Defendants reserve their rights to file and pursue claims against Old GM. (As further set forth in this Order.) The Clerk of Court is directed to terminate 16-CV-4180, Docket No. 88 and 14-MD-2543, Docket No. 3097. (Signed by Judge Jesse M. Furman on 8/1/2016) (cf)
August 1, 2016	Transmission to Docket Assistant Clerk. Transmitted re: #225 Order to the Docket Assistant Clerk for case processing. (cf)
July 29, 2016	Filing 224 ORDER NO. 110: Upon consideration of the parties' agreed-upon proposed order, with the modifications discussed at the July 28, 2016 status conference, and for good cause shown, it is hereby ORDERED that: 1. Any plaintiff who fails to comply with his or her obligations under Order No. 108 may be subject to having his or her claims dismissed. For plaintiffs whose claims were pending in MDL 2543 as of July 13, 2016, plaintiffs must comply with Order No. 108 within 90 days of the entry of Order No. 108. For plaintiffs whose claims are subsequently transferred and/or consolidated to MDL 2543, plaintiffs must comply with Order No. 108 within 90 days of his or her claims being transferred to and/or consolidated in MDL 2543. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 7/28/2016) (kko)
July 26, 2016	Filing 223 MEMO ENDORSEMENT on re: (3136 in 1:14-md-02543-JMF) Letter, filed by GM Ignition Switch MDL Plaintiffs. ENDORSEMENT: The Court makes the following rulings with respect to disputes and issues raised above: (1) The request to extend the deadline to file the FACC until September 13, 2016, is GRANTED; (2) The Court will entertain briefing on the Cockram collateral estoppel effect issue. Unless the Court orders otherwise at the July 28, 2016 status conference, the parties are directed to submit simultaneous briefs, not to exceed fifteen pages, no later than August 9, 2016; replies, not to exceed eight pages, shall be filed no later than August 16, 2016; (3) Plaintiff Stephanie Cockram's request to alter the Court's standard practice with respect to the order of summations in the fifth bellwether trial is DENIED; and (4) The parties' request to extend the deadline, nunc pro tunc, to file briefs on absent putative class member discovery until September 20, 2016, is GRANTED. Counsel should otherwise be prepared to address, and/or update the Court with respect to, each of the issues discussed in the letter above at the July 28th status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (5) The parties should be prepared to propose a deadline by which the Yingling matter will be remanded to the transferor court (or the Court will set a deadline of its own choosing); and (6) The parties should be prepared to discuss the status of the appeals from the Bankruptcy Court that were stayed pending the Second Circuit's ruling (16-CV-0098, 16-CV-0501, 16-CV-0512). (Amended Pleadings due by 9/13/2016. Brief due by 9/20/2016. Responses to Brief due by 8/16/2016) (Signed by Judge Jesse M. Furman on 7/26/2016) (tn)
July 22, 2016	Filing 222 MEMORANDUM OPINION AND ORDER re: (388 in 1:14-cv-08176-JMF, 2874 in 1:14-md-02543-JMF) MOTION in Limine No. 1 to Exclude Evidence and/or Argument Regarding Collateral Source Benefits. filed by Stephanie Cockram, (390 in 1:14-cv-08176-JMF) MOTION in Limine No. 2 to Exclude Evidence Regarding Alleged Nonuse of Seatbelt. filed by Stephanie Cockram, (2886 in 1:14-md-02543-JMF) MOTION in Limine No. 2 to Exclude Evidence Regarding Alleged Nonuse of Seatbelt. filed by Stephanie Cockram: For the foregoing reasons, Plaintiffs' Motions in Limine Nos. 1 and 2 are both GRANTED in part and DENIED in part. Specifically, Plaintiff may move to exclude collateral source evidence should New GM seek to introduce it at trial for purposes of impeachment or rebuttal, but New GM may not introduce collateral source evidence for any other purpose; and New GM may introduce evidence of alleged seatbelt non-use for a relevant purpose - on issues such as negligent design and manufacture, product misuse, and whether the seatbelt pretensioners should have deployed - but not to show Plaintiff's negligence, to mitigate damages, or to show that Plaintiff's injuries would otherwise have been less severe. The Clerk of Court is directed to terminate 14-MD-2543, Docket Nos. 2874 and 2886, and 14-CV-8176, Docket Nos. 388 and 390. (Signed by Judge Jesse M. Furman on 7/21/2016) (tn)
July 15, 2016	Filing 221 OPINION AND ORDER [Regarding New GM's Partial Motion To Dismiss the Third Amended Consolidated Class Action Complaint] re: (2356 in 1:14-md-02543-JMF) MOTION to Dismiss Claims of Certain Plaintiffs in the Third Amended Consolidated Complaint filed by General Motors LLC: In short, many of the claims of the named Plaintiffs in this motion survive, but a large swath of the claims in the TACC - those brought under RICO, those brought on behalf of Plaintiffs whose cars were not allegedly defective when sold, and those brought on behalf of Plaintiffs whose cars are too dissimilar from the named Plaintiffs' cars - are foreclosed. (For convenience, a chart indicating whether New GM's motion is granted or denied with respect to each state law claim is attached as Exhibit A.) Additionally, the Court rejects Plaintiffs' broadest theory of damages - the brand devaluation theory as unprecedented and unsound. Thus, to the extent that Plaintiffs are entitled to relief at all, they are entitled - at most - to benefit-of-the-bargain defect damages, out-of-pocket damages, and the like. Although this ruling addresses only some of the claims in the TACC, it will undoubtedly inform the parties with respect to the viability of other claims and, more generally, bear upon the further progress of the MDL. The July 13, 2016 ruling from the Second Circuit, which held that purchasers of Old GM cars with ignition switch defects can bring claims for Old GM's wrongdoing against New GM has, in all likelihood, also substantially redefined the scope of the claims that may proceed. The parties should be prepared to discuss the implications of this Court's ruling and the Second Circuit's ruling at the July 28, 2016 status conference - including but not limited to implications for the next phase of discovery. (See Docket Nos. 1569, 2156). Additionally, within thirty days from the date of this Opinion and Order, Plaintiffs shall submit their proposed amendments to the TACC. (See Docket No. 2323). The Clerk of Court is directed to terminate Docket No. 2356. (Signed by Judge Jesse M. Furman on 7/15/2016) (tn)
July 13, 2016	Filing 220 ORDER NO. 109: Application of Certain Pretrial Orders in Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 6: Pursuant to Order No. 101, GM LLC and Plaintiff submitted a joint letter and proposal regarding the applicability of certain pretrial rulings from Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 6. Having reviewed the parties' submissions, and for good cause shown, the Court adopts the holdings contained in the chart attached as Exhibit 1 to this Order concerning the applicability of the listed Bellwether Trial Nos. 1 and 2 pretrial orders to Bellwether Trial No. 6. To the extent either party intends to file new briefing in accordance with this Order, the parties shall first meet and confer to avoid unnecessary motion practice and to narrow any disputes. Finally, for good cause shown (by way of letter motion seeking leave from the Court), any party may seek modification or reconsideration of the Court's evidentiary rulings that are deemed applicable to Bellwether Trial No. 6 pursuant to this Order if later rulings on motions in limine, dispositive motions, or Daubert motions change the scope of relevant and admissible evidence in Bellwether Trial No. 6. A party may seek such leave to move for such modification or reconsideration, however, only after meeting and conferring with the other side. Effect of This Order on Other Rules and Orders: To the extent not explicitly modified herein, the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials and all other applicable Orders of this Court remain in full force and effect. The Court may enter additional and/or modified orders regarding the pretrial schedule of Bellwether Trial No. 6 as circumstances require. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 7/13/2016) (kko)
July 13, 2016	Filing 219 ORDER NO. 108 in case 2:14-cv-02458-JMF; terminating (2903) Motion for Seeking Documentation from Personal Injury and Wrongful Death Plaintiffs in case 1:14-md-02543-JMF. Upon consideration of New GM's motion (see Docket No. 2903), submissions by Lead Counsel and New GM, and discussion on the record at the June 17, 2016 MDL 2543 status conference, and for good cause shown, it is hereby ORDERED that: 1. Each Plaintiff in MDL 2543 asserting claims for a Subject Incident that occurred on or after July 10, 2009 is hereby ordered to produce the following documentation: Drivers License of the Claimant. (As further set forth in this Order.) Counsel for New GM is directed to serve a copy of this Order on all pro se Plaintiffs in the MDL. The Clerk of Court is directed to terminate Docket No. 2903. (Signed by Judge Jesse M. Furman on 7/13/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al., as per Chambers. (Signed by Judge Jesse M. Furman on 7/13/2016) (kko)
July 7, 2016	Filing 218 ORDER NO. 107.: Fact discovery in the Discovery Pool Cases will commence on Tuesday, August 2, 2016, and conclude no later than Thursday, December 1, 2016. Expert Discovery for the Phase Two Early Trial Cases shall be completed by Friday, March 17, 2017. Dispositive motions for the Initial Limited Case Pool shall be filed on or before Friday, January 27, 2017. Dispositive motions shall be limited to the following issue: Does a disputed issue of material fact exist over whether an alleged inadvertent ignition switch rotation occurred in an accident where the air bags deployed during that accident? Oppositions to dispositive motions shall be filed on or before Monday, February 27, 2017. Any replies shall be filed on or before Monday, March 13, 2017. (As further set forth in this Order.) (Deposition due by 1/13/2017., Expert Discovery due by 3/17/2017., Fact Discovery due by 12/1/2016., Motions due by 1/27/2017., Responses due by 2/27/2017, Replies due by 3/13/2017.) (Signed by Judge Jesse M. Furman on 7/7/2016) (cf)
June 23, 2016	Filing 217 ORDER NO. 106 [Regarding the June 17, 2016 Status Conference]: The Court, having held a Status Conference on June 17, 2016, and having given counsel an opportunity to be heard on the agenda items set forth in the Court's June 16, 2016 Memo Endorsement (Docket No. 3005), issues this Order to memorialize the actions taken and rulings made at the Status Conference. The parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 V, Docket No. 249) or in separate letter updates, as circumstances require. Consistent with the Court's comments at the Status Conference, the parties shall meet and confer and submit a joint proposed order regarding the selection of additional bellwether trial cases and related discovery by no later than Friday, July 1, 2016. Consistent with the Court's comments at the Status Conference, the parties shall meet and confer and submit a joint proposed orderor, if the parties are unable to reach agreement, competing letter briefs not to exceed five single-spaced pagesregarding MDL personal injury plaintiffs' submission of additional case documentation by no later than Friday, July 8, 2016. Consistent with the Court's comments at the Status Conference, Order No. 101 is modified to reflect that (a) jury questionnaires will be filled out on Friday, November 4, 2016 (rather than November 3), and the parties' jury strikes are now due on Wednesday, November 9, 2016 at 9:30 a.m. EST. Consistent with the Court's comments during the oral argument on New GM's motion to dismiss the TACC, by Friday, June 24, 2016, Lead Counsel and New GM shall each submit a letter brief (not to exceed six single-spaced pages) addressing relevant Missouri and Virginia law regarding defect manifestation, as well as the Ninth Circuit's decision in Living Designs, Inc. v. E.I. DuPont De Nemours & Co., 431 F.3d 353 (9th Cir. 2005). Additionally, New GM shall file its notice of supplemental authority regarding the Takata litigation by Friday, June 24, 2016. Lead Counsel shall respond to GM's notice of supplemental authority by Tuesday, June 28, 2016. (Signed by Judge Jesse M. Furman on 6/23/2016) (mro)
June 22, 2016	Filing 216 ORDER NO. 105 [Regarding Motions for Admission Pro Hac Vice for Attorneys of Record in Transferred Cases]: To avoid any confusion, effective immediately, Order No. 2 (Docket No. 26) is modified to make clear that, pursuant to Rule 2.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, counsel who have appeared as counsel of record in an action transferred into MDL 2543 prior to its transfer into this District need not file a motion for pro hac vice admission before this Court. Any attorney who appears in a member case after its transfer (or, in a case directly filed in this District, after its filing) must apply for pro hac vice status in accordance with Order No. 2. Either way, all counsel in transferred cases are directed to visit the Court's website at http://www.nysd.uscourts.gov to apply for CM/ECF filing privileges. If an attorney is in need of assistance, please call the Help Desk at 212-805-0800. (Signed by Judge Jesse M. Furman on 6/21/2016) (tn)
June 16, 2016	Filing 215 MEMO ENDORSEMENT on re: (2972 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the June 17, 2016, status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (1) The status of the Yingling settlement and remand; and (2) The status of the Hilliard/Henry settlement plaintiffs, and whether the time is ripe to address a procedure for dismissing member cases where plaintiffs have settled and released their claims against New GM. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 6/16/2016) (tn)
June 14, 2016	Filing 214 ORDER NO. 104 [Appointing Citibank, N.A. as Escrow Agent over the Common Benefit Order Fund]: the Court hereby amends paragraph 28 of Order No. 42 to state as follows in its entirety: "By subsequent order of this Court, the Court will appoint a qualified entity, approved by both Plaintiffs' Co-Lead Counsel and Defendant, to serve as Escrow Agent over the Common Benefit Order Fund and to keep detailed records of all deposits to and withdrawals from the Fund. The Escrow Agent's fees will be paid from the Common Benefit Order Fund and will be considered a shared cost. The Plaintiffs' Liaison Counsel must provide a copy of this Order to the Escrow Agent. Plaintiffs' Co-Lead Counsel will be responsible for preparing tax returns and other tax filings in connection with the Common Benefit Order Fund." The Court hereby appoints Citibank to serve as that Escrow Agent, to perform the duties of the Escrow Agent described in Order No. 42, and the Court approves the fees to be charged by Citibank as set forth in Schedule B of the Escrow Agreement to be entered into by Plaintiffs' Co-Lead Counsel with Citi. The Court hereby amends paragraph 48 of Order No. 42 such that references to the term "CPA" shall be replaced by the term "Escrow Agent," and so that references to "monthly" are replaced by the term "quarterly." (Signed by Judge Jesse M. Furman on 6/14/2016) (tn)
June 10, 2016	Filing 213 ORDER [Regarding Oral Argument on the Partial Motion To Dismiss the TACC]: On June 17, 2016, beginning at 9:15 a.m., the Court will hold oral argument on New GM's pending Motion To Dismiss portions of the Third Amended Consolidated Complaint. The Court intends to proceed topic-by-topic, with roughly 20 to 30 minutes total allocated to each side. The Court anticipates that oral argument will focus most heavily on the following topics, which the parties should be prepared to address Additionally, the parties did not address Virginia law on consumer and common-law fraud in any detail in their briefing on the Motion. They are hereby ORDERED to submit supplemental letter briefs, limited to a discussion of that topic with respect to Plaintiff Ashlee Hall-Abbott and not to exceed three single-spaced pages each, no later than June 24, 2016. (Signed by Judge Jesse M. Furman on 6/10/2016) (tn)
June 8, 2016	Filing 212 SCHEDULING ORDER: With apologies, the Court notes that an incorrect version of the rescheduling order in this case was docketed yesterday. (See Docket No. 2952). IT IS HEREBY ORDERED that the conference and oral argument in this matter, previously scheduled for June 17, 2016, at 9:30 a.m., are RESCHEDULED to begin at 9:15 a.m. on the same date in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Oral Argument set for 6/17/2016 at 09:15 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 6/17/2016 at 09:15 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/7/2016) (tn)
June 7, 2016	Filing 211 SCHEDULING ORDER: that the conference and oral argument in this matter, previously scheduled for June 17, 2016, at 9:30 a.m., are RESCHEDULED to begin at 9:45 a.m. on the same date in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Oral Argument set for 6/17/2016 at 09:45 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 6/17/2016 at 09:45 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/7/2016) (tn)
May 27, 2016	Filing 210 ORDER NO. 103 [Amending the Restrictions on Use of Confidential and Highly Confidential Information]: Defendants and Lead Counsel for plaintiffs having consented thereto, and for good cause shown, Order No. 10 Paragraph 7(a) (Docket No. 294) is amended to state as follows: "Restriction on Use. Confidential and Highly Confidential must be used only in this proceeding or in any Related Litigation, except that (i) General Motors LLC shall be permitted to use such information to assist in identifying, reporting, or resolving any potential safety issue; and (ii) nothing in this Protective Order shall be construed as limiting any party from disclosing a potential safety defect to an appropriate government agency." (Signed by Judge Jesse M. Furman on 5/27/2016) (mro)
May 18, 2016	Filing 209 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Marcus Wesley Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12316952. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Furukawa Electric Co., Ltd..(Lee, Marcus) Modified on 5/18/2016 (sdi).
May 18, 2016	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #209 MOTION for Marcus Wesley Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12316952. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Alabama; The wrong case number is listed on the documents;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
May 12, 2016	Filing 208 MEMORANDUM OPINION AND ORDER re 2819 Letter re: Motion to Quash Non-Party Subpoena. This case, part of the multidistrict litigation ("MDL") relating to highly publicized defects in the ignition switches and related features of certain General Motors-brand vehicles, is scheduled to begin trial on September 12, 2016, as a "bellwether." By prior Order of the Court, fact discovery with respect to the case closed on June 22, 2015. (See Order No. 25 (Docket No. 422) paragraph 42). Almost exactly ten months later, on April 21, 2016, New GM served a subpoena on non-party Verizon Legal Compliance ("Verizon") seeking Plaintiff's cell phone records. Five days later, Plaintiff moved to quash the subpoena as untimely. (See Apr. 26, 2016 Ltr. (Docket No. 2819) ("Pl.'s Ltr.")). By Order entered on May 6, 2016, the Court granted Plaintiff's motion for reasons to be stated in an opinion to follow in due course. (See Docket No. 2839). This is that opinion. (As further set forth in this Order.) Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-cv-08176-JMF (Signed by Judge Jesse M. Furman on 5/11/2016) (kko)
May 10, 2016	Filing 207 ORDER NO. 102 [Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1 and 2 to MDL Bellwether Trial No. 5 (Cockram)]: Application of Certain Pretrial Orders in Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 5: Pursuant to Order No. 100 (Docket No. 2836), GM LLC and Plaintiff submitted a joint letter and proposal regarding the applicability of certain pretrial rulings from Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 5. Having reviewed the parties' submissions, and for good cause shown, the Court adopts the holdings contained in the chart attached as Exhibit 1 to this Order concerning the applicability of the listed pretrial rulings from Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 5. To the extent either party intends to file new briefing in accordance with this Order, the parties shall first meet and confer to avoid unnecessary motion practice and to narrow any disputes. Finally, for good cause shown (by way of letter motion seeking leave from the Court), any party may seek modification or reconsideration of the Court's evidentiary rulings that are deemed applicable to Bellwether Trial No. 5 pursuant to this Order if later rulings on motions in limine, dispositive motions, or Daubert motions change the scope of relevant and admissible evidence in Bellwether Trial No. 5. A party may only seek such leave to move for such modification or reconsideration, however, after meeting and conferring with the other side. Effect of This Order on Other Rules and Orders: To the extent not explicitly modified herein, the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials and all other applicable Orders of this Court remain in full force and effect. The Court may enter additional and/or modified orders regarding the pretrial schedule of Bellwether Trial No. 5 as circumstances require. (Signed by Judge Jesse M. Furman on 5/10/2016) (tn)
May 3, 2016	Filing 206 ORDER NO. 101: [Regarding Pretrial Deadlines for Bellwether Trial No. 6, Jury Selection Matters, Scheduling of the Final Pretrial Conference, and Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1 and 2 to MDL Bellwether Trial No. 6 (Norville)] Amended Complaint: Plaintiff shall file her second amended complaint by no later than Wednesday, June 1, 2016. New GM shall respond to plaintiff's second amended complaint by no later than Friday, July 1, 2016. Dispositive Norville Motions: Dispositive motions will be due on Wednesday, August 10, 2016. Responses are due fourteen (14) days after filing of the respective motions. Joint Pretrial Order: The parties shall submit their joint proposed pretrial order (consistent with the Court's Individual Rules and Practices for Civil Cases, except to the extent modified herein) by no later than Monday, September 26, 2016. Any remaining deposition designation disputes shall be submitted to the Court by no later than Tuesday, November 1, 2016 or three days after the Court rules on categorical objections, whichever is later. Final Pretrial Conference: The Court will hold the Final Pretrial Conference in Courtroom 1105 of the Thurgood Marshall Courthouse on Wednesday, November 9, 2016, at 9:30 a.m. EDT. (As further set forth in this Order) (Amended Pleadings due by 6/1/2016., Deposition due by 11/1/2016., Motions due by 8/10/2016., Proposed Pretrial Order due by 9/26/2016., Responses due by 8/24/2016, Replies due by 8/31/2016., Final Pretrial Conference set for 11/9/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/3/2016) (kl)
May 3, 2016	Filing 205 ORDER NO. 100 [Regarding Pretrial Deadlines for Bellwether Trial No. 5, Jury Selection Matters, Scheduling of the Final Pretrial Conference, and Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1 and 2 to MDL Bellwether Trial No. 5 (Cockram)]: Bellwether Trial No. 5 will begin on Monday, September 12, 2016.The Court plans to hold the trial in Courtroom 1105 of the Thurgood Marshall United States Courthouse, with a room reserved to accommodate any overflow of spectators. New GM shall respond to plaintiff's second amended complaint by no later than Wednesday, May 25, 2016. Dispositive motions will be due on Friday, June 3, 2016. Responses are due fourteen (14) days after filing of the respective motions. Replies are due seven (7) days after responsive briefs are filed. Friday, June 10, 2016. Responses, not to exceed 15 double-spaced pages per brief, are due fourteen (14) days after the filing of the respective motions. Replies, not to exceed five double-spaced pages, are due ten (10) days after responsive briefs are filed for the respective motions. Omnibus Daubert motions, not to exceed 50 double-spaced pages per brief, will be due on Thursday, May 12, 2016. Responses, not to exceed 50 double-spaced pages per brief, are due fourteen (14) days after filing of the respective motions. Replies, not to exceed 20 double-spaced pages per brief, are due seven (7) days after responsive briefs are filed. Joint proposed pretrial order (consistent with the Court's Individual Rules and Practices for Civil Cases, except to the extent modified herein) by no later than Tuesday, July 26, 2016. Proposed jury instructions and a proposed verdict form, whether a joint proposal or competing proposals, must be exchanged by no later than Wednesday, August 3, 2016. Jury instruction and verdict form disputes, along with the parties' proposed instructions and verdict forms, shall be submitted to the Court by no later than Friday, August 12, 2016. Final Pretrial Conference in Courtroom 1105 of the Thurgood Marshall Courthouse on Wednesday, September 7, 2016, at 9:00 a.m. EDT (taking a break, as needed, to address the prospective jurors in connection with the written questionnaire discussed below). The Court will then conduct oral voir dire of the remaining prospective jurors on Monday, September 12, 2016, beginning at 9:30 a.m. EDT., and as further set forth in this order. (Brief due by 8/26/2016. Deposition due by 7/20/2016. Motions due by 6/10/2016. Proposed Pretrial Order due by 7/26/2016. Responses due by 6/24/2016. Replies due by 7/5/2016. Responses to Brief due by 5/26/2016) (Final Pretrial Conference set for 9/7/2016 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Jury Selection set for 9/7/2016 at 09:00AM before Judge Jesse M. Furman. Voir Dire set for 9/12/2016 at 09:30AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/3/2016) (tn)
May 3, 2016	Filing 204 ORDER NO. 99 [Regarding the April 20, 2016 Status Conference]: Status Conference set for 6/17/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 7/28/2016 at 09:30 AM before Judge Jesse M. Furman. Status Conference/Cockram Final Pretrial Conference set for 9/7/2016 at 09:00 AM before Judge Jesse M. Furman. Oral Argument on New GM's motion to dismiss the TACC will be heard on 6/17/2016 at 09:30 AM before Judge Jesse M. Furman. Consistent with the Court's comments at the Status Conference, Bellwether Trial No. 5 (Cockram) shall take place between September 12 and 30, 2016, and Bellwether Trial No. 6 (Norville) between November 14 and December 2, 2016, as originally set forth in Order No. 75 (Docket No. 1305). By separate order, the Court will set pretrial deadlines for both trials. No later than Wednesday, May 11, 2016, the parties shall submit a joint proposal and agreed upon proposed order regarding whether and to what extent additional bellwether cases should be selected for discovery and trial. Consistent with the Court's comments, the parties will cooperate to prepare an inventory of pro se plaintiffs with claims pending in the MDL and will submit a joint update on the status of such plaintiffs no later than Friday, May 20, 2016, as well as their proposal(s) or position(s) regarding any action that should take place with respect to those parties. Consistent with the Court's comments, New GM will provide Lead Counsel with an opportunity to comment upon New GM's proposed order setting a deadline for all MDL 2543 personal injury and wrongful death plaintiffs who have not already done so to provide certain information and documents in specified formats, and will then subsequently submit the proposed order for the Court's consideration no later than Friday, May 27, 2016. Additionally, by no later than Friday, May 20, 2016, the parties should meet and confer and submit their joint request for appointment of the certified public accountant contemplated by the Common Benefit Order (Order No. 42, Docket No. 743), and as further set forth in this order. (Signed by Judge Jesse M. Furman on 5/3/2016) (tn)
April 20, 2016	Filing 203 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. As discussed at the status conference held today, the Court hereby refers all cases in the MDL to Magistrate Judge Cott for settlement purposes. Any party who believes that it would be helpful to enlist the services of Judge Cott in that respect with respect to a case or group of cases in the MDL should contact his chambers in accordance with his Individual Rules and Practices (available at http://www.nysd.uscourts.gov/judge/Cott). Referred to Magistrate Judge James L. Cott. (Signed by Judge Jesse M. Furman on 4/20/2016) (tn)
April 12, 2016	Filing 202 OPINION AND ORDER re: [2258 in 14-md-2543] MOTION for Protective Order . filed by Bob Hilliard and Thomas J. Henry. For the reasons explained herein, that motion is denied.Multi-district litigation of this sort is a complex affair. With so much at stake in terms of money, ego, and otherwise it is hardly surprising that conflicts would erupt among counsel, even counsel who are ostensibly on the same "side" and share a common adversary. Nevertheless, the Court finds it regrettable that Cooper levied his broadsides against Lead Counsel in the way he did, rather than taking steps in a more measured and productive (not to mention timely) manner to address or raise any problems that he perceived. In other words, assuming there is any merit to his allegations, he did himself and, by extension, the plaintiffs in the MDL a disservice by waiting to raise them until after the (admittedly embarrassing) collapse of the Plaintiff's case in the Scheuer trial and then raising them in the way he did. Through its bottom-line Order and this more detailed Opinion, the Court hopes that any clouds of uncertainty hovering over the status of Lead Counsel, the bellwether trial schedule, and the pending settlement have been lifted, thereby promoting the orderly management of the MDL and additional settlements. The Court also hopes that plaintiffs' counsel will stop litigating their grievances with one another and return to focusing on their common adversary, New GM, and on obtaining relief for their respective clients. That is, the Court hopes that counsel and their clients can return to focusing on what is truly at stake in this litigation: determining whether and to what extent the plaintiffs in these proceedings are entitled to relief for injuries caused by the acknowledged ignition switch defect in millions of General Motors cars. The Clerk of Court is directed to terminate Docket No. 2258. (As further set forth in this Order.) (Order to be docketed only in listed cases as per Chambers.) (Signed by Judge Jesse M. Furman on 4/12/2016) (kgo)
April 5, 2016	Filing 201 FINAL JUDGMENT: Final judgment is entered in favor of General Motors LLC on all of Plaintiffs' claims. The parties shall each bear their own costs. The Clerk of Court is directed to terminate Lawrence Barthelemy and Dionne Spain as parties in 14-CV-5810. (Signed by Judge Jesse M. Furman on 4/5/2016) (tn)
April 4, 2016	Filing 200 ORDER [Regarding the Trial Date for Bellwether Trial No. 4]: No party having objected to moving the start date for Bellwether Trial No. 4 (Reid) from July 25, 2016 to July 18, 2016, the Court hereby ORDERS that trial will begin on July 18, 2016. (See Docket Nos. 2862, 2732). In light of this shift, and in accordance with its prior endorsement, the Court is inclined to move up by one week the current deadlines for the joint pretrial order, submission of trial exhibits, and submission of deposition designation and demonstratives disputes; the Court is not averse, however, to keeping the current deadlines for pretrial motion practice. The parties shall confer with respect to the deadlines and, no later than April 8, 2016, shall submit a proposed order for the trial akin to MDL Order No. 98. (Signed by Judge Jesse M. Furman on 4/4/2016) (tn)
April 1, 2016	Filing 199 MEMORANDUM OPINION re: (367 in 1:14-cv-05810-JMF) MOTION for Judgment as a Matter of Law Under FRCP 50(a) filed by General Motors LLC: that the Court concluded that no reasonable jury could find for Spain on her fraudulent misrepresentation claim and New GM's motion for judgment as a matter of law on that claim was GRANTED. (Signed by Judge Jesse M. Furman on 4/1/2016) (tn)
March 17, 2016	Filing 198 ORDER: Per the Court's memo endorsement of yesterday (see 14-MD-2543, Docket No. 2551), the status conference in this matter previously scheduled for April 15, 2016 is RESCHEDULED to coincide with the Yingling final pretrial conference on April 20, 2016, at 9:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED., ( Status Conference set for 4/20/2016 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/17/2016) (ama)
March 14, 2016	Filing 197 ORDER NO. 98 [Regarding Pretrial Deadlines for Bellwether Trial No. 3 (Yingling), Jury Selection Matters, Scheduling of the Final Pretrial Conference, and Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1 and 2 to MDL Bellwether Trial No. 3]: The following schedule and the chart at the end of this Order summarize all upcoming pretrial deadlines for Bellwether Trial No. 3, with modifications to the existing schedule underlined: Plaintiff's response to New GM's dispositive motion shall be filed no later than Friday, March 18, 2016. Any reply shall be filed no later than Monday, March 28, 2016. Plaintiff does not plan on calling any live OSI fact witnesses at trial. Plaintiff filed her opening brief on February 26, 2016 (Docket No. 2371). Any response from New GM will be due on Friday, March 18, 2016. The parties shall file all motions in limine, not to exceed 15 double-spaced pages per opening brief, by no later than Monday, March 14, 2016. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after the filing of the respective motions. Replies, not to exceed five double-spaced pages, are due seven (7) days after responsive briefs are filed for the respective motions. The parties filed Daubert motions on Friday, March 4, 2016. Responses, not to exceed 50 double-spaced pages per brief, are due fourteen (14) days after filing of the respective motions. Replies, not to exceed 20 double-spaced pages per brief, are due seven (7) days after responsive briefs are filed. Joint proposed pretrial order (consistent with the Court's Individual Rules and Practices for Civil Cases) by no later than Tuesday, March 29, 2016, including a list of all witnesses they intend to call at trial, whether live or by deposition. The parties shall therefore submit a proposed summary of the case, a list of names, and any proposed modifications to the questionnaires used in the first bellwether trial by no later than Wednesday, April 13, 2016. Final Pretrial Conference set for 4/20/2016 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The Court will then conduct oral voir dire of the remaining prospective jurors on Monday, May 2, 2016, beginning at 9:30 a.m. EDT, and as further set forth in this order. For ease of reference, the chart attached as Exhibit 2 to this Order summarizes all of the pretrial deadlines set forth above for Bellwether Trial No. 3. If any party should later move to amend any of these deadlines, that party shall submit as part of the letter motion requesting the extension a revised version of this chart with the proposed amendments. (Motions due by 3/14/2016. Responses due by 3/24/2016. Replies due by 3/31/2016. Proposed Pretrial Order due by 3/29/2016. Pretrial Order due by 3/29/2016. Responses to Brief due by 3/18/2016) (Jury Selection set for 4/20/2016 at 09:00AM before Judge Jesse M. Furman. Voir Dire set for 5/2/2016 at 09:30AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/14/2016) ***As per chambers, Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-cv-05336-JMF, and 1:14-mc-02543-JMF (tn)
March 2, 2016	Filing 196 ORDER NO. 97 [Regarding Procedures for Exhibits and Demonstratives in Bellwether Trial No. 2 and Future Bellwether Trials]: The following deadlines and procedures supplement but do not replace the trial exhibit deadlines in Order No. 94 Paragraph 2(e) (Docket No. 2183). a. Branded Exhibit Exchange. Order No. 94 Paragraph 2(e) requires the parties to "submit their trial exhibit lists no later than February 18, 2016." The parties shall exchange branded copies of the exhibits identified on their February 18, 2016 exhibit list by Thursday, February 25, 2016. b. Objections. The parties shall exchange objections to trial exhibits by Thursday, March 3, 2016 at 10:30 a.m. Eastern Time. The parties shall meet and confer to resolve objections between Thursday, March 3, 2016 and Sunday, March 6, 2016. The parties are encouraged to raise disputes with the Court early regarding objections that the parties cannot resolve through the meet and confer process. c. Exhibits Identified After February 18, 2016. Each party may add up to ten (10) exhibits to its exhibit list by Wednesday, March 2, 2016 without a showing of good cause or mutual agreement ("Free Exhibits"). The parties reserve their rights to make evidentiary objections to the Free Exhibits by Friday, March 4, 2016. With the exception of the Free Exhibits, the parties may only add additional exhibits after February 18, 2016 by mutual agreement or upon a showing of good cause. d. Withdrawal of Exhibits. In the event a party withdraws or removes an exhibit from its exhibit list, any other party may reserve the right to use that exhibit at trial by giving written notice to the other party of its intent to use the exhibit within seven (7) days of receipt of the notification of the withdrawal of said exhibit. The following deadlines apply to Bellwether Trial Nos. 3-6, in addition to those set forth in Order No. 91 (Docket No. 2001) and paragraph I(1)(d), supra, as further set forth above. Exhibits and demonstratives to be utilized for the direct examination of a witness shall be exchanged by 9:00 a.m. Eastern Time two days before the day the exhibits are to be used. Exhibits and demonstratives to be utilized for the cross examination of a witness shall be exchanged by 8:00 p.m. Eastern Time two days before the day the exhibits and demonstratives are to be used. Exhibits used for impeachment purposes need not be disclosed in advance. During the course of any examination in front of the jury, whenever an exhibit or demonstrative is being published to the jury, whether direct examination or cross examination, counsel conducting the examination is encouraged to refer to the trial exhibit number (and page number, where a voluminous exhibit is being used) explicitly so that the record is clear as to what documents were shown to the jury, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 3/2/2016) (tn)
March 2, 2016	Filing 195 MEMORANDUM OPINION AND ORDER: On February 8, 2016, New GM filed a brief requesting that three documents relating to its settlement with certain MDL Plaintiffs remain under seal: the Confidential Memorandum of Understanding ("MOU"), the Joint Retention Agreement for Special Masters Daniel Balhoff and John Perry, and the Joint Retention Agreement for the Qualified Settlement Fund ("QSF") Trustee. (See Docket No. 2252). The Court directed anyone opposing the permanent sealing of these documents to respond no later than February 19, 2016. (See Docket No. 2255). No one filed any opposition. In light of the fact that the request is unopposed, and because the Court finds that the sealing of the three documents is consistent with the presumption of access to judicial documents, New GM's application is GRANTED. (Signed by Judge Jesse M. Furman on 3/1/2016) (tn)
March 1, 2016	Filing 194 ORDER NO. 96 [Regarding the February 23, 2016 Status Conference]: the Court will conduct Status Conferences on Friday, April 15, 2016, at 9:30 a.m. EDT and on Thursday, June 2, 2016, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 V, Docket No. 249), now to be submitted on a monthly basis (see Docket No. 2366), or in separate letter updates, as circumstances require. Motion practice on the TACC shall continue according to the schedule set forth in Order No. 93 (Docket No. 2156). Additionally, the Court adopts the parties' proposal in the February 22, 2013 Memo Endorsement regarding certain amendments to the TACC to be filed within 30 days after the latter of (1) the Second Circuit's ruling on the pending appeal of the June Judgment or (2) this Court's ruling on New GM's February 24, 2016 motion to dismiss. (Docket No. 2323 paragraph 2.) Consistent with the Court's comments at the Status Conference, the parties should meet-and-confer and submit a revised proposed order governing the procedures for trial exhibits and demonstratives in the Barthelemy trial. The parties shall submit a revised proposed order no later than March 7, 2016. Consistent with the Court's comments at the Status Conference, the trial confidentiality procedure from Scheuer - whereby the parties may redact from exhibits offered into evidence information that is irrelevant to the issues presented in the trial - shall apply to Barthelemy and the remaining bellwether trials. (See Docket No. 88). Consistent with the Court's comments at the Status Conference, the bellwether trial schedule shall not be modified, unless and until this Court orders otherwise. (Status Conference set for 4/15/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 6/2/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/1/2016) (tn)
February 22, 2016	Filing 193 MEMO ENDORSEMENT on (2301 in 1:14-md-02543-JMF) Joint Letter re the parties' tentative agenda for the February 23, 2016 Status Conference: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the February 23rd status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (1) Whether the parties believe that New GM should continue to advise the Court of Related Actions every two weeks or whether less frequent, or as needed, updates would be appropriate at this point; and (2) Plaintiffs' letter with respect to whether to modify the bellwether trial procedure and remaining bellwether cases. Mindful that Lead Counsel requested a telephone conference on the issue rather than putting it on the agenda letter, however, counsel should be prepared to address as a threshold matter whether the issue should even be discussed at the conference. In addition, the Court plans to raise a few concerns/issues regarding Plaintiffs' Leadership appointees prompted by briefing on the motions filed by Lance Cooper. (To be clear, the Court does not intend at the conference to further address Mr. Cooper's motions themselves or to address the pending motion for a protective order with respect to Mr. Cooper. The Court will issue an opinion concerning those motions in due course.) The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/22/2016) (ab)
February 10, 2016	Filing 192 ORDER NO 95 -- Regarding Lance Cooper's Motions To Remove Co-Lead Counsel and for Reconsideration of the Order Approving the 2015 New GM Ignition Switch Qualified Settlement Fund: Upon review of the foregoing motion papers, and for detailed reasons to be provided in a forthcoming opinion, the Cooper Plaintiffs' motions are both DENIED in their entirety... Two arguably related applications remain open: New GM's motion to keep certain documents relating to its settlement with Lead Counsel under seal (Docket No. 2252) and the Protective Order Motion (Docket No. 2258; see supra note 1). Per the Court's Order of yesterday (Docket No. 2255), any opposition to New GM's sealing application shall be filed by February 19, 2016; if any opposition is filed, a ny reply shall be filed by February 26, 2016. Any opposition to the Protective Order Motion shall be filed by February 16, 2016; any reply shall be filed by February 18, 2016. The Clerk of Court is directed to terminate Docket Nos. 2179 and 2182. (Signed by Judge Jesse M. Furman on 2/10/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)
February 9, 2016	Filing 191 ORDER: that the status conference in this matter, previously scheduled for February 25, 2016, at 9:30 a.m., is RESCHEDULED for February 23, 2016, at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Status Conference set for 2/23/2016 at 09:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/9/2016) (tn)
February 8, 2016	Filing 190 ORDER: IT IS HEREBY ORDERED that the status conference in this matter, previously scheduled for February 26, 2016, at 9:30 a.m., is RESCHEDULED for February 25, 2016, at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall immediately advise the Court if there are any scheduling issues presented by the new date and time. (Signed by Judge Jesse M. Furman on 2/8/2016) (ab)
January 27, 2016	Filing 189 ORDER NO. 94 [Regarding Pretrial Deadlines for Bellwether Trial No. 2, Jury Selection Matters, Scheduling of the Final Pretrial Conference, and Application of Certain Pretrial Orders in Bellwether Trial No. 1 to Bellwether Trial No. 2]: Bellwether Trial No. 2 is scheduled to begin on March 14, 2016. The Court plans to hold the trial in its usual courtroom - Courtroom 1105 of the Thurgood Marshall United States Courthouse. (The Court would consider holding jury selection, openings, and summations in a larger courtroom, but would arrange an overflow room for spectators regardless. Additionally, the parties would still have use of their "war rooms" on the fifth floor of the Courthouse.) No later than February 1, 2016, the parties shall advise the Court by joint letter if they believe Courtroom 1105 would not be a suitable location for trial for any reason. The parties shall file any dispositive motions with regard to the Barthelemy/Spain Complaint no later than today. Responses to any dispositive motions shall be filed no later than February 10, 2016. Any replies shall be filed no later than February 17, 2016. To the extent the parties have a dispute regarding witnesses Plaintiffs plan to produce to testify to purportedly similar incidents, Plaintiffs shall filing an opening brief with regards to any such dispute by February 1, 2016. Any response from New GM will be due on February 19, 2016. All motions in limine, not to exceed 15 double-spaced pages per opening brief, shall be filed no later than February 2, 2016. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after the filing of the respective motions. Replies, not to exceed five double-spaced pages, are due seven (7) days after responsive briefed are filed for the respective motions. Daubert motions, not to exceed 50 double-spaced pages per opening brief, must be submitted no later than February 3, 2016. Responses, not to exceed 50 double-spaced pages per brief, are due fourteen (14) days after filing of the respective motions. Replies, not to exceed 20 double-spaced pages per brief, are due seven (7) days after responsive briefs are filed. The parties are encouraged to file briefs ahead of the respective deadlines and well short of the page limits. Joint Proposed Pretrial Order due by 2/18/2016. Final Pretrial Conference set for 3/9/2016 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Jury Selection set for 3/14/2016 at 09:30AM before Judge Jesse M. Furman; and as further set forth in this order. (Brief due by 2/1/2016. Motions due by 2/3/2016. Responses due by 2/10/2016. Replies due by 2/17/2016. Responses to Brief due by 2/19/2016) (Signed by Judge Jesse M. Furman on 1/27/2016) (tn)
January 20, 2016	Filing 188 ORDER NO. 93 [Regarding Motion Practice Concerning the Third Amended Consolidated Complaint] re: (2020 in 1:14-md-02543-JMF) Letter, filed by GM Ignition Switch MDL Plaintiffs, (2021 in 1:14-md-02543-JMF) Letter, filed by General Motors LLC: that, having received and reviewed the parties' letter briefs (Docket Nos. 2020, 2021), motion practice concerning the Third Amended Consolidated Complaint ("TACC") shall proceed as follows: Motion practice shall be limited to named Plaintiffs whose claims are based on vehicles manufactured by New GM, including both Delta Ignition Switch Vehicles and non-Delta Ignition Switch vehicles manufactured by New GM, as such terms are defined in the TACC. Motion practice shall include the named Plaintiffs in the following states whose claims are based on vehicles manufactured by New GM: California, the District of Columbia, Florida, Louisiana, Maryland, Missouri, Oklahoma, and Virginia. Motion practice shall include the following claims of such Plaintiffs: claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. 1961 et seq., the Magnuson-Moss Warranty Act, 15 U.S.C. 2301, et seq., for negligence, and state-law claims; but in each case only to the extent that such claims are brought by named Plaintiffs whose claims are based on vehicles manufactured by New GM. Motion practice contemplated under this paragraph will not preclude New GM from conducting additional motion practice related to allegations and claims in the TACC following any decision on appeal from a judgment of the Bankruptcy Court. New GM shall conduct motion practice under Paragraph 1 by filing a motion to dismiss by February 24, 2016. Plaintiffs will file their opposition by April 9, 2016. New GM will file its reply by April 30, 2016. New GM's memorandum to its motion to dismiss and Plaintiffs' opposition memorandum are limited to sixty (60) pages, and New GM's reply memorandum is limited to thirty (30) pages. New GM shall not be required to file an answer or any other response to the TACC unless and until further order of the Court. At this time, Plaintiffs may not conduct discovery into any additional alleged defects. Plaintiffs may renew their requests for such discovery after the Court rules on New GM's motion to dismiss. (Motions due by 2/24/2016. Responses due by 4/9/2016. Replies due by 4/30/2016.) (Signed by Judge Jesse M. Furman on 1/20/2016) (tn) Modified on 1/20/2016 (tn).
January 14, 2016	Filing 187 ORDER NO. 92 [Regarding the Pending Motion To Dismiss Without Prejudice] granting (1710) Motion to Dismiss in case 1:14-md-02543-JMF; granting (57) Motion to Dismiss in case 1:15-cv-04088-JMF; granting (39) Motion to Dismiss in case 1:15-cv-05222-JMF; granting (50) Motion to Dismiss in case 1:15-cv-06288-JMF: In light of Plaintiffs' continued failure to submit substantially complete PFSs as required by Order No. 25, the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should any Plaintiff submit all required documentation within the next thirty days, or otherwise contest this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 1710 and to docket this Order in the above-captioned member cases. (Signed by Judge Jesse M. Furman on 1/14/2016) (tn)
January 5, 2016	Filing 186 ORDER NO. 91 [Regarding Revised Pre-Trial Deadlines and Procedures for MDL Bellwether Trial Nos. 26]: the following revised pretrial deadlines and show cause motion procedures for MDL Bellwether Trial Nos. 2-6. This Order supersedes Order No. 89 (Docket No. 1864), which is hereby vacated; the dates that have been modified from or added to those in Order No. 89 are underlined. Trial Two (Barthelemy/Spain) shall take place between March 14, 2016 and April 1, 2016; Trial Three (Yingling) shall take place between May 2, 2016 and May 20, 2016; Trial Four (Reid) shall take place between July 25, 2016 and August 12, 2016; Trial Five (Cockram) shall take place between September 12, 2016 and September 30, 2016; and Trial Six (Norville) shall take place between November 14, 2016 and December 2, 2016. Any dispositive motion, opposition, and reply in support of such motion must be submitted as further set forth in this order. A joint proposed pre-trial order must be submitted as further set forth in this order. Upon the conclusion of Bellwether Trial No. 6 (whether through dispositive motion practice or trial), the parties should meet and confer regarding procedures for show cause submissions to determine the applicability of the bellwether trial rulings on other cases pending in the MDL. Effect of This Order on Other Rules and Orders. To the extent not explicitly modified herein, the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials and all other applicable orders of this Court remain in full force and effect.2 The Court may enter additional and/or modified orders regarding the pretrial schedule of MDL Bellwether Trial Nos. 26 as circumstances require, and as further set forth in this order. Motions due by 9/26/2016. Responses due by 8/19/2016. Replies due by 8/26/2016. Pretrial Order due by 10/14/2016. (Signed by Judge Jesse M. Furman on 1/5/2016) (tn) Modified on 1/6/2016 (tn).
January 5, 2016	Set/Reset Deadlines: Brief due by 8/5/2016. Responses to Brief due by 8/26/2016 (tn)
December 30, 2015	Filing 185 OPINION AND ORDER re: (1810 in 1:14-md-02543-JMF) MOTION for Summary Judgment filed by General Motors LLC, (1799 in 1:14-md-02543-JMF, 223 in 1:14-cv-08176-JMF) AMENDED MOTION in Limine No. 7 to Exclude All Evidence and Argument Relating to Punitive Damages filed by General Motors LLC: For the reasons stated above, New GM's motion for summary judgment is GRANTED (as uncontested) with respect to Plaintiff's breach-of-implied-warranty claim, but is otherwise DENIED. Moreover, because there is sufficient evidence to support several Independent Claims with respect to which Plaintiff seeks punitive damages, New GM's Amended Seventh Motion in Limine (which asks the Court to exclude all evidence and argument related to punitive damages) must also be DENIED. (See Docket No. 1800). The Clerk of Court is directed to terminate 14-MD-2543, Docket Nos. 1799 and 1810; and 14-CV-8176, Docket No. 223. (Signed by Judge Jesse M. Furman on 12/30/2015) (tn)
December 22, 2015	Filing 184 ORDER NO. 90 [Regarding the December 17, 2015 Status Conference]: the Court will conduct the next Status Conference on Friday, February 26, 2016, at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties should meet and confer regarding New GM's position that the plaintiffs' December 16, 2015 appeal from the Bankruptcy Court should be deferred pending the Second Circuit Appeal regarding the Bankruptcy Court's June 1, 2015 Judgment. The parties should notify the Court by Wednesday, December 23, at 12:00 p.m. EST of their respective positions in this regard. By Thursday, December 31, 2015, the parties should meet and confer regarding the deadlines for the subsequent bellwether trials set forth in Order No. 89 (Docket No. 1864) and propose any modifications consistent with the Court's goal to move the MDL forward at a "reasonable, but aggressive" pace. Unless and until the Court orders otherwise, the deadlines in Order No. 89 remain in full force. The parties should, by Wednesday, December 23, 2015, submit either a joint letter or separate letters advising the Court of their positions as to what the Court should do regarding the factual error in the December 7, 2015 Opinion and Order (Docket No. 1825). Within one week of the Court issuing a decision with respect to the motion to dismiss the TACC, the parties should submit a joint proposal or competing letter briefs regarding discovery of putative absent class members. Consistent with the Court's comments at the Status Conference, the Court will defer ruling on any issues with respect to discovery of putative class members named in the TACC until after receiving the parties' submission(s) regarding motion practice on the TACC on Wednesday, January 6, 2016. The Court grants Mr. Peller's nunc pro tunc request for an extension of the deadlines set forth in Order No. 69 (Docket No. 1162) for Mr. Peller's clients until after the Second Circuit appeal initiated by the Elliott plaintiffs has been resolved. Except as specifically modified herein, Order No. 69 remains in full force and effect. Consistent with the Court's comments at the Status Conference, the Court will defer addressing the common benefit billing dispute raised by Mr. Peller until a later date. (Status Conference set for 2/26/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/22/2015) (tn)
December 17, 2015	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steve Berman to RE-FILE Document No. #182 Amended Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)
December 16, 2015	Filing 183 MOTION to Seal Document #182 Amended Complaint, Plaintiff's Motion to File Under Seal. Document filed by GM Ignition Switch MDL Plaintiffs, Paul Pollastro.(Berman, Steve)
December 16, 2015	Filing 182 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - - THIRD AMENDED COMPLAINT amending #140 Amended Complaint, against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs, Paul Pollastro. Related document: #140 Amended Complaint, filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 (part 2))(Berman, Steve) Modified on 12/17/2015 (moh).
December 15, 2015	Filing 181 MEMO ENDORSEMENT on re: (1857 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the December 17th status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (1) whether there are any disputes with respect to rebuttal experts and, if so, a process for resolving them; (2) the Court's modifications to the parties' proposed deadlines set forth in Order No. 89 (Docket No. 1864); (3) the parties' dispute with respect to discovery of absent putative class members (Docket Nos. 1734-35); and (4) the issues raised by Mr. Peller in his letter of December 3, 2015 (Docket No. 1789). Additionally, the parties should contact Chambers in the event they still plan to do a tech walk-thru on the day of the status conference and need any assistance. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/2015) (tn)
December 14, 2015	Filing 180 Vacated as per Judge's Order dated 1/5/2016, Doc. # 2001 ORDER NO. 89 [Regarding Pre-Trial Deadlines and Procedures for MDL Bellwether Trial Nos. 26]: the Early Trial Cases (see Order No. 25 (14-MD-2543 Docket No. 422)) will be tried on the following schedule: a. Trial Two (Barthelemy/Spain) shall take place between March 14, 2016 and April 1, 2016; b. Trial Three (Yingling) shall take place between May 2, 2016 and May 20, 2016; c. Trial Four (Reid) shall take place between July 25, 2016 and August 12, 2016; d. Trial Five (Cockram) shall take place between September 12, 2016 and September 30, 2016; and e. Trial Six (Norville) shall take place between November 14, 2016 and December 2, 2016. Any dispositive motion, opposition, and reply in support of such motion must be submitted no later than the dates as further set forth in this order. Unless the Court orders otherwise, memoranda shall comply with the page limits and other requirements set forth in this Court's Local Rules. Consolidated Daubert motions, not to exceed 50 double-spaced pages per opening brief, must be submitted no later than the dates as further set forth in this order. Responses are not to exceed 50 double-spaced pages per brief, are due fourteen (14) days after filing of the respective motions. Replies, not to exceed 20 double-spaced pages per brief, are due on the earlier date of either seven (7) days after responsive briefs are filed. The parties are encouraged to file briefs ahead of the respective deadlines. Motions in limine, not to exceed 15 double-spaced pages per opening brief, are to be submitted no later than the dates as further set forth in this order. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after the filing of the respective motions. Replies, not to exceed five double-spaced pages, are due seven (7) days after responsive briefs are filed for the respective motions. The parties are encouraged to file motions and briefs ahead of the respective deadlines. A joint proposed pre-trial order must be submitted no later than the dates as further set forth in this order. To the extent not explicitly modified herein, the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials and all other applicable orders of this Court remain in full force and effect. The Court may enter additional and/or modified orders regarding the pretrial schedule of MDL Bellwether Trial Nos. 26 as circumstances require. (Signed by Judge Jesse M. Furman on 12/14/2015) (tn) Modified on 1/5/2016 (tn).
December 14, 2015	Filing 179 ORDER NO. 88 [Regarding a Process for Addressing the Treatment of Confidential Evidence at Trial]: that pursuant to Order No. 85, Paragraph 1(d) (Docket No. 1694), the parties exchanged trial exhibit lists on November 23, 2015. By Friday, December 11, 2015, the parties exchanged branded copies of their proposed trial exhibits. By Friday, December 18, 2015, the parties shall identify trial exhibits, if any, that they believe necessitate confidential treatment at trial either because they contain (1) competitive business information, the disclosure of which would cause economic harm; or (2) sensitive medical records of Plaintiff that are irrelevant to the instant action. The parties should immediately meet and confer regarding any disagreement regarding these exhibits as well as the parties' proposed process for their appropriate treatment at trial. In both the identification of such exhibits as well as in the proposed process for their treatment at trial, the parties should be mindful of the public right of access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). By Wednesday, December 23, 2015, the parties shall submit either an agreed-upon proposed order or letter briefs (not to exceed five single-spaced pages) regarding the appropriate treatment at trial of the materials identified in Paragraph 2 above. With respect to trial exhibits containing sensitive personal information (i.e., social security numbers, names of minor children, financial account numbers, home addresses, personal phone numbers, personal email addresses, and sensitive employment information protected by Order No. 71 (Docket No. 1236)) ("Sensitive Personal Information"), it is the responsibility of the party offering such exhibits into evidence to ensure that such sensitive personal information is properly redacted. Any such redactions must be narrowly tailored to serve the purpose or purposes that justify their use. When in doubt, the party planning to offer an exhibit containing Sensitive Personal Information should meet and confer with the other party regarding appropriate redactions. If there is any disagreement with respect to the redactions of Sensitive Personal Information, such disagreements should be raised outside the presence of the jury. (Signed by Judge Jesse M. Furman on 12/14/2015) (tn)
December 14, 2015	Set/Reset Deadlines: Brief due by 8/5/2016. Motions due by 9/16/2016. Proposed Pretrial Order due by 10/14/2016. Responses due by 8/19/2016 Replies due by 8/26/2016. Responses to Brief due by 8/26/2016 (tn)
December 11, 2015	Filing 178 ORDER APPOINTING DANIEL J. BALHOFF AND JOHN W. PERRY, JR. AS JOINT SPECIAL MASTERS IN THE SETTLEMENT OF CERTAIN CASES granting (1499) Motion to Approve in case 1:14-md-02543-JMF: Daniel J. Balhoff and John W. Perry, Jr. are hereby appointed as joint Special Masters to perform the duties consented to by the Parties in their Memorandum of Understanding. The Special Masters shall proceed with all reasonable diligence. The Special Masters may have confidential ex parte communications with Claimants' Counsel, Claimants, and New GM in relation to their roles as Special Masters, to the extent permitted by and subject to the limitations described in the Parties' Memorandum of Understanding. Such ex parte communications shall not be deemed to have waived any attorney-client or other privileges. To execute the responsibilities and duties of their office, the Special Masters shall be vested with the powers described and contemplated under the Parties' Memorandum of Understanding. The Special Masters shall not be vested by this Court with any additional powers described and contemplated in Federal Rule of Civil Procedure 53 except as and to the extent enumerated in the Parties' Memorandum of Understanding. The Special Masters shall be compensated privately as specified in the Parties' Memorandum of Understanding, which shall be set forth in detail in the contract to be entered into between the Parties and the Special Masters. Unless expressly authorized by the Parties in accordance with the terms of the Memorandum of Understanding, the Special Masters shall not disclose any confidential information or documents obtained through or created in their roles. While the Court does not currently anticipate requesting formal reports and recommendations from the Special Masters, see Fed. R. Civ. P. 53(b)(2)(C)-(D), (e), if the Court does request the same, the Special Masters shall reduce any formal order, finding, report, or recommendation to writing to be filed (under seal or publicly, as determined by the Court). See, e.g., In re FEMA Trailer Formaldehyde Prods. Liab. Litig., No. MDL 07-1873, 2011 WL 5038849, at *4 (E.D. La. Oct. 24, 2011). While the Court does not anticipate having any ex parte communications with the Special Masters, see Fed. R. Civ. P. 53(b)(2)(B), any such communications shall be limited to matters general to the settlement process and its progress and shall not include specifics, including parties' positions with respect to particular cases. The Special Masters shall advise the parties before communicating with the Court on an ex parte basis. New GM shall promptly file the Memorandum of Understanding and the two contracts at issue with the Sealed Records Department and those documents shall be maintained under seal unless and until the Court orders otherwise. As discussed during the telephone conference held on October 20, 2015, any party who believes that the materials should be kept under seal (or redacted) shall show cause in writing why that is consistent with the presumption in favor of public access to judicial documents. In light of the holidays and the many deadlines relating to the first bellwether trial, the Court extends the deadline for that submission to 45 days from today. The Clerk of Court is directed to terminate Docket No. 1499. (Signed by Judge Jesse M. Furman on 12/11/2015) (tn)
December 8, 2015	Filing 177 ORDER: that the next status conference in this matter, previously scheduled for December 18, 2015, at 9:30 a.m., is RESCHEDULED for December 17, 2015, at 1:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The conference will also be transmitted through CourtCall at that time. (See Order No. 19, Docket No. 350). (Status Conference set for 12/17/2015 at 01:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/8/2015) (tn)
December 4, 2015	Filing 176 ORDER: Further to the endorsed letter filed earlier today (see Docket No. 1794), the Court attaches below the unredacted version of its November 25, 2015 Opinion (see Docket No. 1747). (Signed by Judge Jesse M. Furman on 12/4/2015) (ab)
December 3, 2015	Filing 175 ORDER NO. 87 [Regarding Privilege Issues During the First Bellwether Trial]: Upon review of the parties' submissions in connection with New GM's Motion in Limine No. 9 (see Docket Nos. 1617, 1704, and 1752), and for the reasons explained in today's Opinion and Order addressing that motion, it is hereby ORDERED that privilege issues during the first bellwether trial, including the substance and the content thereof, shall be subject to and governed by the following: 1. No deposition designations may include instructions not to answer questions on the basis of (or any other invocations of or questions about) privilege. 2. Instructions not to answer on privilege grounds from deposition excerpts may not be played, read, or otherwise referred to at trial. 3. Any "privilege," "work product," or other markings indicative of privilege assertions must be redacted from any documents prior to publication to the jury. 4. Parties shall not examine witnesses about or ask questions on subjects specifically foreclosed by prior Orders of this Court on privilege issues. 5. The parties are required to use good faith efforts to avoid asking questions likely to draw instructions not to answer on the basis of privilege unless they have a good faith belief that the door has been opened to such questioning (pursuant to Rule 502(a) of the Federal Rules of Evidence or otherwise), in which case they shall first advise the Court and the opposing party outside the presence of the jury. 6. Parties may raise privilege assertions or questions outside of the presence of the jury. (Signed by Judge Jesse M. Furman on 12/3/2015) (mro)
December 1, 2015	Filing 174 ORDER NO. 86 [Regarding the November 20, 2015 Status Conference and Revised Pretrial Deadlines] denying without prejudice (1416) Motion to Amend/Correct; denying without prejudice (1417) Motion to Amend/Correct; denying without prejudice (1418) Motion to Amend/Correct; denying without prejudice (1419) Motion to Amend/Correct; denying without prejudice (1420) Motion to Amend/Correct; denying without prejudice (1422) Motion to Amend/Correct; denying without prejudice (1424) Motion to Amend/Correct; denying without prejudice (1426) Motion to Amend/Correct; denying without prejudice (1427) Motion to Amend/Correct; denying without prejudice (1432) Motion for Leave to File Document; denying without prejudice (1434) Motion for Leave to File Document; denying without prejudice (1435) Motion for Leave to File Document; denying without prejudice (1436) Motion for Leave to File Document; denying without prejudice (1437) Motion for Leave to File Document; denying without prejudice (1438) Motion for Leave to File Document; denying without prejudice (1439) Motion for Leave to File Document; denying without prejudice (1485) Motion for Leave to File Document; denying without prejudice (1527) Motion to Amend/Correct; denying without prejudice (1528) Motion to Amend/Correct; denying without prejudice (1529) Motion to Amend/Correct in case 1:14-md-02543-JMF; denying without prejudice (134) Motion for Leave to File Document in case 1:14-cv-05881-JMF; denying without prejudice (114) Motion to Amend/Correct in case 1:14-cv-08892-JMF; denying without prejudice (104) Motion for Leave to File Document in case 1:14-cv-09469-JMF; denying without prejudice (78) Motion for Leave to File Document in case 1:14-cv-10006-JMF; denying without prejudice (81) Motion to Amend/Correct in case 1:15-cv-00550-JMF; denying without prejudice (76) Motion to Amend/Correct in case 1:15-cv-02033-JMF; denying without prejudice (71) Motion for Leave to File Document; denying without prejudice (72) Motion for Leave to File Document in case 1:15-cv-02089-JMF; denying without prejudice (53) Motion to Amend/Correct in case 1:15-cv-02493-JMF; denying without prejudice (53) Motion to Amend/Correct in case 1:15-cv-03592-JMF; denying without prejudice (43) Motion to Amend/Correct in case 1:15-cv-03641-JMF; denying without prejudice (45) Motion for Leave to File Document; denying without prejudice (46) Motion for Leave to File Document in case 1:15-cv-04088-JMF; denying without prejudice (35) Motion to Amend/Correct in case 1:15-cv-04182-JMF; denying without prejudice (37) Motion to Amend/Correct in case 1:15-cv-04768-JMF; denying without prejudice (14) Motion to Amend/Correct in case 1:15-cv-06233-JMF; denying without prejudice (16) Motion to Amend/Correct in case 1:15-cv-06452-JMF; denying without prejudice (14) Motion for Leave to File Document in case 1:15-cv-06530-JMF; denying without prejudice (16) Motion to Amend/Correct in case 1:15-cv-06591-JMF; denying without prejudice (15) Motion to Amend/Correct in case 1:15-cv-06990-JMF: the Court will conduct additional Status Conferences on the following dates: Friday, December 18, 2015, and Friday, February 26, 2016. Further, unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. Eastern Time and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. By 12/4/2015 New GM should file an amended Motion In Limine No. 7 in light of the Bankruptcy Court's November 9, 2015 Decision. Order No. 85 (Docket No. 1694) is amended as follows: Paragraph 1(f) is amended to read as follows: Daubert Motions: By 12/4/2015 each side shall be allowed to file one consolidated memorandum of law (not to exceed 50 double-spaced pages) in support of any Daubert motions. Responses (not to exceed 50 double-spaced pages), are due by 12/14. Replies (not to exceed 20 double-spaced pages) are due by 12/21. Paragraph 1(i) is amended to read as follows: Joint Pretrial Order: The parties shall submit their joint pretrial order (consistent with the Court's Individual Rules and Practices for Civil Cases, except as stated herein or in Order Nos. 78 and 85) no later than 12/18/2015, at 12:00 p.m. EST. No pretrial memoranda shall be submitted for the Scheuer trial except upon a showing of good cause. Except as amended herein, Order No. 85 remains in full force and effect. The parties should submit a proposed order by 12/11/2015, addressing the treatment of confidential evidence, if any, at the Scheuer trial. Consistent with the Court's comments at the Status Conference, the order of the bellwether trials is hereby amended (see Docket Nos. 1217, 1239), such that the Yingling case shall be conducted as Bellwether Trial No. 3, and the Cockram case shall be conducted as Bellwether Trial No. 5. By no later than 12/16/2015, MDL plaintiffs represented by Mr. Gary Peller shall file amended complaints that comply with the Bankruptcy Court's November 9, 2015 Decision. Motions for leave to amend complaints that the Court previously stayed pending resolution of certain issues by the Bankruptcy Court are hereby denied without prejudice, and are subject to renewal within 21 days after the Court lifts the stay pursuant to Order No. 1 (Docket No. 19) for each respective case. The Clerk of Court is therefore directed to terminate the following motions as further set forth in this order. By no later than 12/11/2015, the parties should submit a proposed order regarding standard pretrial deadlines for the subsequent MDL Bellwether Trials. The parties shall brief the admissibility of specific other similar incident ("OSI") evidence and related witnesses in the first bellwether trial - including the specific purpose(s) for which that evidence is offered and to which the witnesses will testify - according to the following schedule. Plaintiff shall submit his opening brief, not to exceed thirty-five double-spaced pages, on December 8, 2015. New GM shall submit its opposition brief, not to exceed thirty-five double-spaced pages, on December 17, 2015. Plaintiff shall submit his reply, not to exceed fifteen double-spaced pages, on December 21, 2015, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 12/1/2015) (tn) (Final Pretrial Conference set for 1/6/2016 at 09:00 AM before Judge Jesse M. Furman. Jury Selection set for 1/6/2016 at 09:00AM before Judge Jesse M. Furman. Status Conference set for 12/18/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 2/26/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Brief due by 12/8/2015. Deposition due by 12/15/2015. Motions due by 12/4/2015. Proposed Pretrial Order due by 12/18/2015. Responses due by 12/14/2015. Replies due by 12/21/2015. Reply to Response to Brief due by 12/21/2015. Responses to Brief due by 12/17/2015) (Signed by Judge Jesse M. Furman on 12/1/2015) (tn)
November 25, 2015	Filing 173 OPINION AND ORDER re: (1135 in 1:14-md-02543-JMF) MOTION to Compel General Motors, LLC to Produce Documents From New GM and King & Spalding, LLC Based on the Crime Fraud Exception UNREDACTED filed by GM Ignition Switch MDL Plaintiffs, (1031 in 1:14-md-02543-JMF) MOTION to Compel General Motors, LLC to Compel General Motors to PRODUCE DOCUMENTS FROM NEW GM AND KING & SPALDING LLC BASED ON THE CRIME-FRAUD EXCEPTION filed by GM Ignition Switch MDL Plaintiffs: The issue presented by this motion is not whether there is probable cause to believe that New GM committed a crime or fraud by concealing the ignition switch defect from its regulators and the general public. The recent criminal charges filed against New GM indicate there is probable cause to so believe, and Plaintiffs in this MDL may ultimately be able to prove that New GM committed egregious acts for which it should be held to account (and that settling the Chansuthus, Sullivan, and Melton matters facilitated them). Instead, the issue presented by this motion is whether, under the well-established principles that govern application of the crime-fraud exception to the attorney-client privilege and attorney work product doctrine, Plaintiffs have shown that the communications and materials they seek were made with the intent to further a crime or fraud, thereby warranting their disclosure. For the reasons stated above, the Court concludes that, however troubling some of New GM's conduct may have been, Plaintiffs have failed to make that showing. Further, mindful of the fact that Plaintiffs were already provided access to a substantial cache of documents that would otherwise have been subject to the attorney-client privilege, the Court concludes that there is no basis even to review the materials at issue (or a subset of those materials) in camera. Put simply, if there were "a factual basis" to conclude that New GM and K&S were communicating or working in furtherance of a crime or fraud, one would expect to see some evidence in those communications - which K&S and New GM had no reason to believe would see the light of day when they were made - that they were made with such an intent. Zolin, 491 U.S. at 572. Because Plaintiffs point to no such evidence, the Court concludes that Plaintiffs' motion to compel must be DENIED. The parties submitted portions of their briefs in redacted form (some of which has since been unredacted) and certain exhibits under seal because New GM had designated the information as "highly confidential." (See, e.g., Docket Nos. 1156, 1255; see also Docket Nos. 1101, 1116). In this Opinion and Order, the Court has quoted from those materials; out of an abundance of caution, the Court has redacted those portions from the version filed publicly. As the Court has repeatedly noted, however, the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome the presumption in favor of public access to judicial documents. See, e.g., Dandong v. Pinnacle Performance Ltd., No. 10-CV-8086 (JMF), 2012 WL 6217646, at 2 (S.D.N.Y. Dec. 3, 2012) ("The consent of the parties is not a valid basis to justify sealing, as the rights involved are the rights of the public." (internal quotation marks omitted)); Vasquez v. City of N. Y., No. 10-CV-6277 (LBS), 2012 WL 4377774, at 3 (S.D.N.Y. Sept. 24, 2012) (similar). Accordingly, and in accordance with the procedures set out in Section X of MDL Order No. 77 (Docket No. 1349), any party who believes the materials should remain under seal or in redacted form (including, but not limited to, the portions of this Opinion and Order than have been redacted) shall file a letter brief within seven days regarding the propriety of doing so. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (discussing the presumption in favor of public access). The Clerk of Court is directed to terminate Docket Nos. 1031 and 1135. (Signed by Judge Jesse M. Furman on 11/25/2015) (tn)
November 24, 2015	Filing 172 ORDER [Regarding the Location of the First Bellwether Trial]: The first bellwether trial in this multidistrict litigation ("MDL"), brought by Plaintiff Robert S. Scheuer, is scheduled to begin on January 11, 2016. (See Docket No. 1694). After conferring with the parties and the Court's District Executive, the Court has decided to conduct the trial in Courtroom 506 of the Thurgood Marshall United States Courthouse, 40 Foley Square, and not in Courtroom 26A of the Daniel Patrick Moynihan Courthouse, as previously advised. (See Order No. 80, Docket No. 1380). The Final Pretrial Conference will also be held in Courtroom 506 on Wednesday, January 6, 2016, at 9:00 a.m., ( Final Pretrial Conference set for 1/6/2016 at 09:00 AM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman., Jury Selection set for 1/6/2016 at 09:00 AM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman., Voir Dire set for 1/11/2016 at 09:30 AM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/24/2015) (lmb)
November 23, 2015	Filing 171 MEMORANDUM OPINION AND ORDER re: (148 in 1:14-cv-08176-JMF) FIRST MOTION in Limine TO EXCLUDE EVIDENCE AND/OR ARGUMENT REGARDING COLLATERAL SOURCE BENEFITS filed by Robert Scheuer, (1525 in 1:14-md-02543-JMF) FIRST MOTION in Limine TO EXCLUDE EVIDENCE AND/OR ARGUMENT REGARDING COLLATERAL SOURCE BENEFITS filed by Robert Scheuer, (1565 in 1:14-md-02543-JMF) MOTION in Limine TO EXCLUDE EVIDENCE AND/OR ARGUMENT REGARDING PLAINITFFS PRIOR UNRELATED INJURIES AND FAMILYS MEDICAL HISTORY filed by GM Ignition Switch MDL Plaintiffs, (1573 in 1:14-md-02543-JMF) THIRD MOTION in Limine to Exclude Evidence Concerning the Amounts Billed for Expenses Incurred, But Not Actually Paid, for Plaintiff's Medical Treatment filed by General Motors LLC: For the reasons stated above, Plaintiff's Motion No. 1 is GRANTED with respect to evidence of damages, but DENIED to the extent that New GM may later seek (with advance notice to Plaintiff and the Court) to introduce evidence of collateral benefits for impeachment or rebuttal; and Plaintiff's Motion No. 2 is GRANTED as unopposed with respect to family medical history, but DENIED with respect to evidence of prior injuries offered on issues of lost earning capacity, loss of enjoyment, or causation for any alleged shoulder injury. New GM's Motion No. 3 is unopposed and therefore GRANTED. The Clerk of Court is directed to terminate 14-MD-2543, Docket Nos. 1525, 1565, and 1573; and 14-CV-8176, Docket No. 148. (Signed by Judge Jesse M. Furman on 11/23/2015) (tn)
November 18, 2015	***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Matthew McCarley to E-MAIL Document No. #168 Notice of voluntary dismissal with handwritten signatures to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jk)
November 17, 2015	Filing 170 ORDER NO. 85 [Regarding Pretrial Deadlines for the First Bellwether Trial and Pleading Deadlines for the Other Early Trial Cases]: Third Amended Scheuer Complaint: Plaintiff shall file an amended complaint that complies with the Bankruptcy Courts November 9, 2015 Decision no later than November 17, 2015. New GM shall file a response no later than December 14, 2015. Plaintiffs submitted their expert rebuttal reports on November 13, 2015. To the extent that New GM wishes to re-depose any of those experts, such depositions shall be completed no later than November 24, 2015. Any witness on the Initial Witness List who has not been deposed in the MDL shall be made available for deposition no later than December 15, 2015. In accordance with Order No. 78, all motions in limine shall be filed no later than December 4, 2015. In accordance with Order No. 78, Daubert motions, not to exceed 15 double-spaced pages per brief, must be submitted no later than December 4, 2015; and as further set forth in this order. The parties shall file any dispositive motions with regard to the Scheuer Complaint no later than December 4, 2015. Responses to any dispositive motions shall be filed no later than December 14, 2015. Any replies shall be filed no later than December 21, 2015. Joint proposed pretrial order and respective pretrial memoranda (consistent with the Court's Individual Rules and Practices for Civil Cases, except as stated herein or in Order No. 78) no later than December 18, 2015, at noon. Final Pretrial Conference set for 1/6/2016 at 09:00 AM before Judge Jesse M. Furman. Given that January 11, 2016 is a firm trial date, the Court is unlikely to grant any further extensions of the foregoing dates and deadlines absent extraordinary circumstances or confidence that the extension would have no effect on the trial date. For ease of reference, the following chart summarizes all of the foregoing pretrial deadlines for the first bellwether trial, as further set forth in this order. If any party should later move to amend any of these deadlines, that party shall submit as part of the letter motion requesting the extension a revised version of this chart with the proposed amendments. With respect to the other Early Trial Cases, the Court adopts the parties' proposed amended deadlines for the filing of amended complaints and responses, as further set forth in this order. Amended Pleadings due by 3/26/2016. Motions due by 12/4/2015. Responses due by 12/14/2015. Replies due by 12/21/2015. Deposition due by 12/15/2015. Proposed Pretrial Order due by 12/18/2015. Jury Selection set for 1/6/2016 at 09:00AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 11/17/2015) (tn) (Signed by Judge Jesse M. Furman on 11/17/2015) (tn)
November 17, 2015	Filing 169 MEMO ENDORSEMENT on re: (1663 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the November 20, 2015 status conference. In addition, counsel should confer with respect to the following issues and/or questions and be prepared to address them at the conference: (1) Whether (and, if so, for what date) the Court should schedule a February 2016 status conference; (2) Whether there is still a dispute with regard to the Michael Millikin trial subpoena and, to the extent there is, a proposed briefing schedule to ensure it is resolved in a timely fashion; (3) Whether and to what extent any of the already-filed motions in limine have been mooted by (or need to be revised in light of) the Bankruptcy Court's recent ruling and the amendment of the Scheuer complaint (to be filed today); (4) The status of the parties' proposals regarding the settlement Special Masters, Qualified Settlement Fund, QSF administrator, and other related issues, as discussed on the October 20, 2015 conference call; (5) The status of the submission of attorney billing records, pursuant to Order Nos. 13 and 42 (see MDL Docket Nos. 304, 743), and whether (a) the Court should establish a process to review attorney billing records on an interim basis; and (b) whether the Court should appoint a CPA, Special Master, or other administrator in connection with the review of such records or any attorney's fee applications; and (6) The matters concerning motions for leave to amend complaints set forth in the Court's memorandum endorsement of earlier today (MDL Docket No. 1686). In addition, immediately after the status conference, the Court will hold an off-the-record conference in Chambers (or a room to be determined) with Lead Counsel and counsel for New GM to discuss issues relating to settlement (and courtroom logistics for the first bellwether trial). The Court finds that the interest in promoting settlement and maintaining the confidentiality of settlement discussions, particularly in proceedings of this size and complexity, outweigh any presumption in favor of access to such a conference. See, e.g., Gambale v. Deutsche Bank AG, 377 F.3d 133, 143-44 (2d Cir. 2004); Travelers Indem. Co. v. Excalibur Reinsurance Corp., 2013 WL 4012772, at *5 (D. Conn. Aug. 5, 2013) (citing cases). (Signed by Judge Jesse M. Furman on 11/17/2015) (tn)
November 17, 2015	Filing 168 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Delphi Automotive PLC, DPH - DAS LLC. Document filed by Roseann Hinds, Joseph Sylvester. (McCarley, Matthew) Modified on 11/18/2015 (jk).
November 3, 2015	Filing 167 ORDER NO. 84 [Regarding the Phase Three Plan for Discovery and Motion Practice]: Unless and until the Court orders otherwise, the scope of Phase Three Discovery shall be limited to: (a) Plaintiffs' alleged economic loss damages claimed in the Second Amended Consolidated Complaint (Docket No. 1139) ("SACC"); (b) continuing the meet and confer process and completion of the production of documents and information in response to Plaintiffs' existing document requests relating to New GM's Customer Assistance Center (CAC), Technical Assistance Center (TAC), and Global Warranty Claims Management databases, related to Phase One and Phase Two Recalls; and (c) discovery, including depositions, of the named Plaintiffs in the SACC who purchased or leased vehicles manufactured and sold by New GM. In addition, the parties shall meet and confer with respect to whether or to what extent Phase Three should include discovery about New GM's Certified Pre-Owned ("CPO") program and shall submit a joint letter or competing letters on that subject no later than November 16, 2015. Plaintiffs may depose in Phase Three GM witnesses with knowledge of the issues identified in Paragraph 2, supra, but only if those individuals were not previously deposed in the MDL, unless the Parties agree otherwise or the Court orders otherwise upon a showing of good cause. By agreement of the parties or by the Court's order for good cause shown, Plaintiffs may also take additional depositions of GM witnesses with knowledge of NHTSA Recall No. 14-V-047, Phase One Recalls, or Phase Two Recalls (see Order Nos. 12, 20, and 31; Docket Nos. 296, 383, and 526), as further set forth in this order. During Phase Three, New GM shall take discovery, including depositions, of named plaintiffs alleged in the SACC who purchased or leased cars manufactured and sold by New GM. The parties should meet and confer regarding depositions sought by Plaintiffs and depositions sought by New GM in an attempt to reach an agreement regarding a reasonable and coordinated deposition schedule, in order to ensure that each witness is deposed only once as required by Order No. 25, Paragraph 43. (See also Order No. 15 Paragraph 22, Docket No. 315). If the parties cannot reach agreement, any remaining disputes will be decided by the Court. The parties shall meet and confer to attempt to reach agreement on (1) what, if any, claims and allegations in the SACC meet the conditions set forth above (or as to which motion practice now would otherwise be appropriate); and (2) the procedures (timing, length of briefs, etc.) for motion practice as to such claims and allegations, and should submit an agreed upon order for the Court's consideration by Monday, November 16, 2015. If the parties are unable to reach an agreement, Lead Counsel and counsel for the Defendants shall each submit a letter brief (not to exceed five single-spaced pages) by that same date setting forth their respective positions and attaching their proposals, as well as a redline showing the differences between the competing proposals; counsel should also be prepared to address the issue at the status conference to be held on November 20, 2015. Phase Three Discovery shall begin immediately. The Court will later set a date for substantial completion of Phase Three Discovery after the scope of document discovery into the Phase Three Defects is determined. The parties are directed to meet and confer and propose, by December 1, 2015, a date for the completion of Phase Three Discovery consistent with the Court's desire to maintain "a reasonable, but aggressive" schedule. The parties are directed to submit a proposed Phase Four Discovery Plan no later than thirty (30) days prior to the close of Phase Three Discovery, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 11/3/2015) (tn)
October 16, 2015	Filing 166 ORDER NO. 83 [Regarding the October 9, 2015 Status Conference]: the Court will conduct additional Status Conferences on the following dates: Friday, November 20, 2015, and Friday, December 18, 2015. Further, unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. Eastern Time and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties are to continue their coordination efforts in Related Actions pursuant to Order No. 15 (14-MD-2543, Docket No. 315) and keep the Court apprised of emerging coordination issues through their biweekly joint letter updates (see Order No. 8 V, 14-MD-2543, Docket No. 249) or in separate letter updates, as circumstances require. Upon review of the parties' letter briefs, the Court will permit plaintiffs' requested depositions of Amber Hendricks and Lisa Stacey. No further deviations from the existing schedule and deposition protocols will be permitted absent exceptional circumstances. The Court sustains Delphi's objection to inquiry during a Rule 30(b)(6) deposition into its communications with counsel representing Plaintiffs; however, the Court overrules Delphi's objection to inquiry into the destruction of certain boxes of documents and whether they included materials relating to the ignition switch. Consistent with the Court's comments at the Status Conference, New GM and Delphi are directed to meet and confer regarding revisions to the Rule 30(b)(6) deposition notice to Delphi. New GM and Lead Counsel should meet and confer with counsel for former New GM General Counsel, Michael Millikin, and propose a briefing schedule concerning the purported trial subpoena for Mr. Millikin's appearance at MDL Bellwether Trial #1. The parties should meet and confer regarding the necessity and permissibility of plaintiffs' submission of rebuttal expert reports after New GM produces its expert reports. The parties are to raise any issues still in dispute with the Court either jointly or in separate letter briefs, not to exceed five single-spaced pages, no later than Friday, October 23, 2015. The parties should submit specific questionnaires for the Court's consideration and evaluation no later than Friday, November 20, 2015. (See Order No. 78, 14-MD-2543, Docket No. 1350.) The parties should identify, preferably jointly, questions that are objective, simple, straightforward, and would require disqualification of a juror for cause without any need for further inquiry. In a separate category, the parties should identify additional questions that they believe should be asked in the context of the questionnaire. The Court defers motion practice on the Second Amended Consolidated Complaint until at least after the Bankruptcy Court rules on the issues pending before it. The parties should submit an agreed upon proposed order regarding the Phase Three Discovery Plan by October 16, 2015. The parties should be prepared to discuss procedures for resolving issues related to public access in connection with the bellwether trials during the November 20, 2015 Status Conference, and as further set forth in this order. Status Conference set for 11/20/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 12/18/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/16/2015) Filed In Associated Cases: 1:14-md-02543-JMF et al.(tn)
October 16, 2015	Filing 165 ORDER NO. 82 in case 2:14-cv-02458-JMF; granting (1504) Letter Motion for Extension of Time in case 1:14-md-02543-JMF: New GM's letter motion seeking an extension of time to submit corrections to the deposition transcript of Peter Judis (14-MD-2543, Docket No. 1504) is hereby GRANTED. Additionally, going forward, the deadline to submit corrections to a deposition transcript under Order No. 36 66 (Docket No. 604) may be extended for up to thirty (30) days on written agreement between Lead Counsel and counsel for New GM, without the need for approval by the Court. Except as herein modified, Paragraph 66 of Order No. 36 remains in effect. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 1504. (Signed by Judge Jesse M. Furman on 10/16/2015) (tn)
October 7, 2015	Filing 164 ENDORSED LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser, Bob Hilliard dated 10/2/2015 re: Joint Letter Setting Forth the Parties' Tentative Agenda for the October 9, 2015 Status Conference. ENDORSEMENT: The parties shall file simultaneous letter briefs on their bellwether expert discovery dispute (item #5 above) by October 8, 2015, at noon. Counsel should be prepared to address, and/or update the Court with respect to, all of the issues discussed above at the October 9, 2015 status conference. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 10/7/2015) (spo)
September 24, 2015	Filing 163 ORDER NO. 81 [Regarding Amendment of Certain Personal Injury/Wrongful Death Complaints]: Any Plaintiff moving for leave to file an amended complaint shall file the motion on both the MDL docket and the docket of the individual member case and, for ease of review, shall attach as an exhibit to that motion a redline indicating all changes between the current complaint and the proposed amended complaint. Any filings relating to the motion, including but not limited to the letters required by this Order, shall also be filed on both the MDL docket and the docket of the individual member case. Within one week of any such motion (or one week from the date of this Order with respect to motions already filed), New GM shall file a letter stating whether: (a) it consents to the motion without reservation; (b) it consents to the motion, with a reservation of rights to litigate any issues (to be identified with particularity) before the Bankruptcy Court; (c) it believes that the motion should be stayed pending adjudication of issues (to be identified with particularity) before the Bankruptcy Court; or (d) it opposes the motion. Plaintiffs in member cases Hoskins, 15-CV-0409; Dowling, 15-CV-2033; Smith, 15-CV-2493; Leloneck, 15-CV-3641; Fobbs, 15-CV-4182; Rowe, 15-CV-4768; Modeste, 15-CV-5995; Keeler, 15-CV-6233; Brown, 15-CV-6452; and Gregory, 15-CV-6591 shall file or refile, as appropriate, their motions to amend on the MDL docket, 14-MD-2543, in accordance with the procedures set forth above (among other things, including a redline indicating all changes between the current complaint and the proposed amended complaint), by September 30, 2015. And as further set forth in this order. (Motions due by 9/30/2015.) (Signed by Judge Jesse M. Furman on 9/24/2015) (tn)
September 22, 2015	Filing 162 ORDER NO. 80: In advance of the October 9, 2015 status conference, the Court shares some of its preliminary views regarding the process for jury selection: The Court would conduct oral voir dire of the remaining prospective jurors beginning at 9:30 a.m. on Monday, January 11, 2016. The parties are directed to confer regarding these preliminary views and to be prepared to address them (and any other relevant topics) at the October 9, 2015 conference. (The parties need not, and should not, submit a proposed questionnaire at this time. Per Order No. 78 (14-MD-2543, Docket No. 1350), the parties have until November 20, 2015, to do so.) Finally, the Court will hold the Final Pretrial Conference for Bellwether Trial #1 on Wednesday, January 6, 2016, at 9:00 a.m. (taking a break, as needed, to address the prospective jurors, as discussed above) in Courtroom 26A of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. (Final Pretrial Conference set for 1/6/2016 at 09:00 AM in Courtroom 26A, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (Voir Dire set for 1/11/2016 at 09:30AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/22/2015) (spo)
September 11, 2015	Filing 161 ORDER NO. 79 [Regarding Pending Motions To Seal, To Dismiss, and To Reinstate Complaints] in case 2:14-cv-02458-JMF; granting (1230) Motion to Vacate; denying (1247) Motion to Dismiss; granting (1295) Motion to Seal; granting (1297) Motion to Seal; granting (1299) Motion to Seal in case 1:14-md-02543-JMF; granting (114) Motion to Withdraw as Attorney; granting (63) Motion to Vacate in case 1:15-cv-02033-JMF: New GM's motion to seal its letter brief regarding the deposition of Michael Robinson is GRANTED. (See 14-MD-2543 Docket Nos. 1295, 1296). Plaintiffs' motion to seal their letter brief regarding the deposition of Michael Robinson is GRANTED, with the exception of the language in footnote 1. The unopposed motions to vacate dismissal of the claims of Jamie Lee Dowling, James Boyd, and Debra O'Neill are GRANTED. The motion to dismiss the claims of Berenice Summerville, without prejudice, is DENIED on consent of New GM. Ms. Marino is hereby ORDERED to correct any deficiency with regard to her PFS by Friday, September 18, 2015. Failure to do so may result in the dismissal of her claims with prejudice. With regard to plaintiff John Cameron, counsel's unopposed motion to withdraw is GRANTED. Mr. Cameron has thirty days to file a complete PFS in accordance with Order No. 25. If he does not, his claims will be dismissed with prejudice. No later than September 14, 2015, New GM shall serve a copy of this Order on Mr. Cameron, who is now proceeding pro se, and file proof of such service on ECF. The motion to dismiss is DENIED with respect to Joseph and Stephanie Hamilton, and their claims are reinstated. The Court GRANTS the motion to dismiss with prejudice with regard to Gelisa Hayes and Darlene Robinett, for the reasons further set forth in this order. In light of the foregoing, the claims of Gelisa Hayes and Darlene Robinett are hereby DISMISSED with prejudice. See In re World Trade Ctr. Disaster Site Litig., 722 F.3d at 487 (holding "that the court did not exceed the bounds of its discretion in dismissing the noncompliant plaintiffs' complaints"); and as further set forth in this order. The Clerk of Court is directed to reinstate Jamie Lee Dowling, James Boyd, Debra O'Neill, Joseph Hamilton, and Stephanie Hamilton as plaintiffs in this action; to terminate Gelisa Hayes and Darlene Robinett as plaintiffs in this action; and to terminate 14-MD-2543 Docket Nos. 1230, 1247, 1295, 1297, 1299; 14-CV-8385 Docket No. 114; and 15-CV-2033 Docket No. 63. Attorney Daniel T. DeFeo and Agostinho J. Ribeiro terminated in case 1:14-cv-08385-JMF. (Signed by Judge Jesse M. Furman on 9/11/2015) (tn)
September 10, 2015	Filing 160 ORDER NO. 78 [Regarding Amendment of Order No. 25 Paragraph 50's Deadlines for MDL Bellwether Trial #1]: that the Deadlines for MDL Bellwether Trial #1, as set out in Order No. 25 Paragraph 50 and this Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials, are amended and superseded as follows: The first Early Trial Case ("MDL Bellwether Trial #1") will start on January 11, 2016. The parties shall submit any dispositive motions for MDL Bellwether Trial #1 by November 10, 2015. Any opposition to a dispositive motion shall be filed by December 1, 2015, and any reply shall be filed by December 7, 2015. Daubert motions, not to exceed 15 double-spaced pages per brief, must be submitted no later than December 4, 2015. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after filing of the respective motions. Replies, not to exceed five double-spaced pages per brief, are due on the earlier of seven (7) days after responsive briefs are filed or December 21, 2015. The parties are encouraged to file briefs ahead of the respective deadlines. All motions in limine, not to exceed 15 double-spaced pages per brief, must be submitted no later than December 4, 2015, as further set forth in this order. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after the filing deadlines for the respective motions. Replies, not to exceed five double-spaced pages, are due on the earlier date of either seven (7) days after responsive briefs are filed or December 21, 2015. The parties are encouraged to file motions and briefs ahead of the respective deadlines. Joint Proposed Pretrial Order due by 12/8/2015. To the extent not explicitly modified herein, Order No. 50 and the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials remain in full force and effect. The Court may enter additional and/or modified orders regarding the pretrial schedule of MDL Bellwether Trial #1 as circumstances require. The Court will issue one or more additional Orders scheduling the pretrial deadlines and dates for the remaining Early Trial Cases. (Motions due by 12/4/2015. Responses due by 12/1/2015. Replies due by 12/21/2015.) (Signed by Judge Jesse M. Furman on 9/10/2015)(tn)
September 10, 2015	Filing 159 ORDER NO. 77 [Regarding the August 28, 2015 Status Conference]: the Court will conduct additional Status Conferences on the following dates: Friday, October 9, 2015; Friday, November 20, 2015; and Friday, December 18, 2015. Further, unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. Eastern Time and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. In light of the Second Circuit's September 9, 2015 Order accepting a direct appeal of the Bankruptcy Court's Judgment on New GMs Motions to Enforce, the parties are directed to make a motion for expedited appeal. The parties are also to keep the Court apprised regarding Bankruptcy proceedings that implicate the bellwether complaints. The deposition of New GMs counsel, Mr. Anton Valukas, may proceed on September 24, 2015, consistent with the Courts comments at the Status Conference. The deposition of Mr. Valukas shall be limited to no more than three hours, unless Plaintiffs make a detailed showing demonstrating a need for more time by Friday, September 11, 2015. Plaintiffs may make this showing on an ex parte basis if doing so would require revealing deposition or trial strategy, although the Court encourages the Plaintiffs to make any such filing public, if at all and to the extent possible. To the extent Plaintiffs make such a public or redacted filing, New GM has until Wednesday, September 16, 2015 to file any response. The Court modifies its August 28, 2015 Memo Endorsement (Docket No. 1301) regarding bellwether expert discovery deadlines as follows: Plaintiffs will present their experts for deposition no later than Friday, October 2, 2015; New GM will disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) no later than Friday, October 9, 2015; New GM will present its experts for deposition no later than Friday, November 20, 2015. The parties should submit any agreed upon proposed order regarding the Phase Three Discovery Plan by Friday, October 2, 2015. Unless the Court orders otherwise, within seven (7) days of the Court ruling on the substance of any dispute wherein any party has filed a motion to temporarily seal (and regardless of whether the Court has granted the motion to temporarily seal), any party who believes that the materials should remain under seal or in redacted form shall file a letter brief regarding the propriety of doing so in light of the presumption in favor of public access to judicial documents, and as further set forth in this order. (Status Conference set for 10/9/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 11/20/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 12/18/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Deposition due by 11/20/2015.) (Signed by Judge Jesse M. Furman on 9/10/2015) (tn)
August 28, 2015	Filing 158 ORDER NO. 76: On August 7, 2015 New GM filed a motion to dismiss, without prejudice, the claims of several personal injury and wrongful death plaintiffs ("Plaintiffs") who had failed to submit substantially complete plaintiff fact sheets ("PFSs") as required by Order No. 25. (14-MD-2543 Docket No. 1234). Pursuant to that Order, Plaintiffs had fourteen days until August 21, 2015 to file responses either certifying submission of a completed PFS or opposing New GM's motion for other reasons. (14-MD-2543 Docket No. 422). New GM filed a reply on August 28, 2015, naming Plaintiffs who failed to submit any response within the required time period. (14-MD-2543 Docket No. 1302). (A list of those Plaintiffs is attached to this Order as Exhibit A.) In light of Plaintiffs' continued failure to submit substantially complete PFSs as required by Order No. 25, the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should any Plaintiff submit all required documentation within the next thirty days, or otherwise have a basis to contest this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 1234. (Signed by Judge Jesse M. Furman on 8/28/2015) (kl)
August 28, 2015	Filing 157 ORDER NO. 75: Unless and until the Court orders otherwise, the Early Trial Cases (see Order No. 25 (14-MD-2543 Docket No. 422)) will be tried on the following schedule: Trial One shall take place between January 11, 2016 and February 5, 2016; Trial Two shall take place between March 14, 2016 and April 1, 2016; Trial Three shall take place between May 2, 2016 and May 20, 2016; Trial Four shall take place between July 25, 2016 and August 12, 2016; Trial Five shall take place between September 12, 2016 and September 30, 2016; and Trial Six shall take place between November 14, 2016 and December 2, 2016. Counsel shall promptly advise the Court of any conflicts or reason to change those dates. Furthermore, counsel shall meet and confer with respect to a proposed order setting standard pretrial deadlines for all of these trials (for the submission of a joint pretrial order, dispositive motions, Daubert motions, in limine motions, requests to charge, proposed voir dire, and the like). Counsel should consult the Court's Individual Rules and Practices for Civil Cases for guidance on the relevant submissions. (Signed by Judge Jesse M. Furman on 8/28/2015) (tn)
August 28, 2015	Filing 156 ENDORSED LETTER addressed to Judge Jesse M. Furman from Richard C. Godfrey, Andrew B. Bloomer dated 8/26/2015 re: Request for the amendments to the Bellweather expert discovery schedule as further specified herein. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to docket this in both 14-MD-2543 and 14-MC-2543. (Deposition due by 11/20/2015.) (Signed by Judge Jesse M. Furman on 8/28/2015) (rjm).
August 27, 2015	Filing 155 OPINION AND ORDER: For the foregoing reasons, Plaintiff's motions to withdraw the reference are DENIED. The Clerk of Court is directed to close these cases (15-CV-4685 and 15-CV-5056). Further, insofar as this Opinion and Order relates to the MDL and some filings in connection with the instant motions were docketed in the MDL, the Clerk of Court is directed to file this Opinion and Order not only in the above-captioned cases, but also in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 8/27/2015) (tn)
August 25, 2015	Filing 154 MEMO ENDORSEMENT on (1266 in 1:14-md-02543-JMF) JOINT LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated August 21, 2015 re: Tentative Agenda for the August 28, 2015 Status Conference. Document filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the August 28, 2015 status conference. In addition, counsel should confer or submit letter briefs, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (1) The deposition schedule for expert witnesses, referenced in (5) above, for which the parties should submit letter briefs, if any, by 5:00 p.m. on Wednesday, August 26, 2015; (2) The dispute regarding the August 18, 2015 deposition of Michael Robinson, for which the parties should submit letter briefs to the Court by 5:00 p.m. on Thursday, August 27, 2015; (3) Whether any party intends to oppose the motions to vacate dismissal under Order No. 68; and (4) The parties' disputes concerning the scope and timing of the Valukas deposition (see 14- MD-2543, Docket Nos. 1275-1276). The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/25/2015) (ab) (Signed by Judge Jesse M. Furman on 8/25/2015) (ab)
August 25, 2015	Filing 153 ORDER NO. 74 [Regarding Discovery of Expert Witness-Related Materials]: For purposes of this Order, "Consideration Materials" refers to any facts, data, information, or other materials that are considered or relied upon by an expert in forming opinions and required to be identified in the expert's report in accordance with Fed. R. Civ. P. 26(a)(2)(B), as further set forth in this order. The parties shall produce any non-public and previously unproduced Consideration Materials ("Unproduced Consideration Materials"). The parties shall also produce the following additional materials from the expert witness's files ("Expert Witness File Materials"), as further set forth in this order. Unless otherwise agreed by the parties, the parties shall produce Unproduced Consideration Materials and Expert Witness File Materials no later than fifteen (15) days before the date of the expert's deposition. The parties are not required to produce or exchange privilege logs for any materials withheld pursuant to this Order, including, but not limited to, drafts of expert reports, expert notes, or expert communications. The parties agree that a deposition notice shall be sufficient to require any witness designated as a testifying expert to appear for a deposition. Absent good cause shown, no subpoena shall be served on a testifying expert, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/25/2015) (tn)
August 11, 2015	Filing 152 MEMORANDUM OPINION AND ORDER: For the reasons stated above, New GM's request for an order limiting the scope of any deposition of Valukas is GRANTED, but the Court defers decision on whether to limit the length of the deposition. The Clerk of Court is directed to terminate 1199. (As further set forth in this Order) (Signed by Judge Jesse M. Furman on 8/11/2015) (kl)
August 7, 2015	Filing 151 MEMO ENDORSEMENT on re: (1229 in 1:14-md-02543-JMF) Letter, filed by GM Ignition Switch MDL Plaintiffs. ENDORSEMENT: The revised order is hereby adopted. The Clerk of Court is directed to file this endorsed letter in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 8/6/2015) (tn)
August 7, 2015	Filing 150 ORDER NO. 73 [Regarding Motions for Reconsideration of, and Objections to, Order Nos. 61 and 63] denying (1097) Motion for Reconsideration; denying (1143) Motion for Reconsideration; denying (1153) Motion for Reconsideration; denying (1154) Motion for Reconsideration; denying (1165) Motion for Reconsideration; denying (1171) Motion for Reconsideration in case 1:14-md-02543-JMF; denying (65) Motion for Reconsideration in case 1:15-cv-01316-JMF; denying (60) Motion for Reconsideration in case 1:15-cv-02033-JMF; denying (39) Motion for Reconsideration in case 1:15-cv-02708-JMF: that these Plaintiffs' motion for reconsideration and/or reinstatement are DENIED. The Court now turns to the objections filed by Mr. Peller. It is worth noting - as the Court did in overruling his objections to the SACC itself (14-MD-2543 Docket No. 1166) - that Mr. Peller's clients' rights are fully protected by Order No. 23 and this Court's Orders, regardless of whether his clients' Complaints remain dismissed without prejudice. (See Order No. 50 (14-MD-2543 Docket No. 875) paragraph 3). Nevertheless, given that Mr. Peller believes that his clients' claims are factually and legally distinct from those asserted in the SACC - and in light of the fact that Mr. Peller's clients' claims will remain stayed in any event - the Court finds that he has demonstrated "good cause" for reinstatement of his clients' claims within the meaning of Order No. 50. (See March 13, 2015 Hr'g Tr. (14-MD-2543 Docket No. 686) at 62 (noting that Mr. Peller's clients' claims did not "entirely overlap" with claims asserted in the previous Consolidated Complaint and positing that "the uniqueness, if you will... constitutes good cause within the meaning of" the prior version of Order No. 50). Accordingly, Mr. Peller's clients' claims are REINSTATED. The Clerk of Court is directed to terminate 14-MD-2543 Docket Nos. 1097, 1143, 1153, 1154, 1165, and 1171 and associated docket numbers in member cases and 15-CV-178 Docket No. 74. (Signed by Judge Jesse M. Furman on 8/7/2015) (tn)
August 7, 2015	Filing 149 ORDER NO. 72 [Amending Procedures for Motions to Dismiss and Motions to Vacate Dismissal Brought Pursuant to Order Nos. 25 and 45]: that both Orders are AMENDED to add the following provisions: If any Plaintiff files a response to a motion to dismiss his or her claims without prejudice pursuant to the terms of either Order (Order No. 25 paragraph 24; Order No. 45 paragrpah 3), New GM shall file a reply, no later than seven days following the deadline for objections to New GM's motion, indicating which Plaintiffs' claims (if any) it still moves to dismiss. If any Plaintiff files a motion to vacate the dismissal of his or her claims (Order No. 25 paragraph 25; Order No. 45 paragraph 4), New GM shall file a consolidated opposition to any motions arising out of the same dismissal without prejudice two weeks after those plaintiffs' deadline for submitting such motions (thirty days after the Court granted the motion to dismiss). Each Plaintiff's reply, if any, shall be due one week thereafter. If the Court denies any Plaintiff's motion, New GM may move for dismissal with prejudice at any point thereafter. If New GM files a motion to dismiss with prejudice (Order No. 25 paragraph 25; Order No. 45 paragraph 4), any opposition shall be filed two weeks after the motion's filing. New GM's reply, if any, shall be filed one week thereafter. Counsel is advised to file all documents related to motions to dismiss pursuant to Order Nos. 25 and 45 in 14-MD-2543 and to "spread" the filings to any relevant individual member case or cases. Finally, in bringing any future motions to dismiss pursuant to Order Nos. 25 or 45, and in order to ensure that counsel in member cases are adequately advised of these amendments, New GM shall include a reference to this Order. (Signed by Judge Jesse M. Furman on 8/7/2015) (tn) Modified on 8/7/2015 (tn).
August 7, 2015	Filing 148 ORDER NO. 71 [Regarding the Disclosure of Non-Confidential Pretrial Discovery Materials and Amendment to Order No. 10 to Protect the Privacy Interests of Third Parties]: In order to protect "deposition testimony or information contained in personnel files - information that could be used to embarrass, harass, or violate the privacy interests of third parties to this litigation" (id. at 11), Order No. 10 is hereby amended to explicitly allow personnel files and/or personally sensitive employment-related information not already in the public domain to be treated as "Confidential" under Order No. 10, including but not limited to: ratings, salary, comments on performance, and employees' testimony regarding performance of other current or former employees ("Employment-Related Material"). In addition, in order to protect the "interests of non-parties - including current and former New GM employees already deposed in this litigation - in avoiding embarrassment, harassment, and invasions of privacy," which the Court ruled "are weighty enough to justify some restrictions on the dissemination of discovery" (id. at 10), prior to public disclosure of any deposition testimony or documents which have not been designated as Confidential or Highly Confidential by any party under Order No. 10 (14-MD-2543 Docket No. 294) (including reference to the substance of such testimony or documents), Plaintiffs must provide counsel for defendants and the deponent's individual counsel, if applicable, five (5) days' written notice and the opportunity to object to such disclosure on the grounds that the deposition testimony or documents contain Employment-Related Material or other personally sensitive, non-public information that could be used to embarrass, harass, or violate the privacy interests of non-parties and third parties to this litigation ("Personally Sensitive Material"). The process for Plaintiffs to challenge any such objection shall be the same as the process for challenging the designation of Confidential Material and Highly Confidential Material set forth in Paragraph 4 of Order No. 10. The Court may enter additional and/or modified protective orders regarding the disclosure of pretrial discovery materials as circumstances require. (Signed by Judge Jesse M. Furman on 8/7/2015)(tn)
July 24, 2015	Filing 147 OPINION & ORDER re: (1058 in 1:14-md-02543-JMF) MOTION for Protective Order Regarding Pretrial Discovery Materials filed by General Motors LLC: The Second Circuit has cautioned that Rule 26 is "not a blanket authorization for the court to prohibit disclosure of information whenever it deems it advisable to do so, but is rather a grant of power to impose conditions on discovery in order to prevent injury, harassment, or abuse of the court's processes." Bridge C.A.T. Scan Assocs. v. Technicare Corp., 710 F.2d 940, 944-45 (2d Cir. 1983) (emphasis omitted). Here, for the reasons stated above, the Court concludes that the order proposed by New GM would go well beyond protecting those interests and that more narrowly tailored orders - limited to protecting the interests of third parties and adopting Rule 3.6 of the New York State Rules of Professional Conduct - would more appropriately balance the interests at stake, including the interests of third parties in avoiding injury, harassment, and invasions of privacy; the interests of the press and the public in the subject matter of this MDL; and the interests of the parties in fair proceedings and trials. Accordingly, New GM's motion is granted in part and denied in part. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 1058, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 7/24/2015) (tn)
July 15, 2015	Filing 146 ORDER NO. 70 [Regarding Discovery Disputes With Respect to Plaintiffs' Second Set of Consolidated Requests for Production of Documents]: that the Court makes the following rulings with respect to the disputed requests: the Second Set of Requests shall encompass documents generated through the date of this Order; (subpoenas and document requests New GM received from U.S. Government entities; documents related to the negotiation and resolution of the Government's claims; and documents related to scheduling witness interviews with the Government or, alternatively, the names of witnesses interviewed by Government entities): Plaintiffs' request for production of these documents is DENIED. New GM is ordered to produce requested documents related to the Feinberg Protocol (to the extent that there is no other basis to avoid disclosure, such as privilege). The Court agrees that materials related to the May 14, 2014 NHTSA consent order are relevant and discoverable, and thus orders New GM to produce the requested documents. To the extent New GM believes that "certain documents... are protected from disclosure" (14-MD-2543 Docket No. 1119, at 5) - for example, as settlement negotiations - it may object to disclosure of those documents, but that is not a valid basis to withhold the documents on a categorical basis, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 7/15/2015) (tn)
July 15, 2015	Filing 145 MEMO ENDORSEMENT on re: (1099 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Upon review of this letter and the letter from Lead Counsel (14-MD-2543 Docket No. 1100), the Court concludes that it is premature to engage in motion practice with respect to the SACC at this time. As much as the Court wants to continue to move the MDL proceedings forward aggressively, it agrees with New GM that motion practice with respect to the SACC should be deferred --- at least until after the question of whether the SACC is consistent with the Bankruptcy Court's judgment of June 1, 2015, is resolved. (In the meantime, of course, discovery continues to proceed on the aggressive-but-reasonable schedule that the Court has set, and the bellwether trial process for personal injury and wrongful death cases is underway, with the first trial scheduled to begin in under six months.) The Court will revisit the issue after the question of whether the SACC is consistent with the Bankruptcy Court's judgment is resolved, at which point it will decide whether motion practice should also await resolution of the appeals from the Bankruptcy Court's judgment --- a decision that may turn on whether the Second Circuit agrees to hear the appeal directly (which would presumably expedite matters considerably, as any decision by this Court on an appeal from the Bankruptcy Court would presumably be appealed, in turn, to the Second Circuit anyway --- resulting in a delay of months, if not years) and, if so, on whether the parties agree to seek expedited treatment of the appeal from the Second Circuit. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 7/15/2015) (kgo)
July 13, 2015	Filing 144 MEMO ENDORSEMENT on re: (1155 in 1:14-md-02543-JMF) Letter, filed by GM Ignition Switch MDL Plaintiffs. ENDORSEMENT: The Court agrees that Mr. Peller's clients' rights are fully protected by Rule 23 of the Federal Rules of Civil Procedure and this Court's Orders - and does not even hear Mr. Peller to be arguing otherwise. (See Docket No. 1083, at 5 (explaining that the objections "are based on efficiency considerations, not rights")). Accordingly, the Court sees no reason to address the objections at this time, and they are overruled - without prejudice to renewal at an appropriate time. As this endorsement pertains to Elliott et al. v. General Motors LLC, 14-cv-08382-JMF, Sesay et al. v. General Motors LLC, 14-cv-06018-JMF, and Bledsoe et al. v. General Motors LLC, 14-cv-07631-JMF, the Clerk is directed to docket it in those cases and in both 14-md-2543 and 14-mc-2543. (Signed by Judge Jesse M. Furman on 7/13/2015) (tn)
July 13, 2015	Filing 143 ORDER NO. 69 [Regarding MDL Discovery Coordination Obligation of All Plaintiffs' Counsel]: Discovery with respect to issues of fact or law common to this MDL is to be conducted solely as part of these MDL proceedings, irrespective of whether the allegations and/or claims relevant to those common issues of fact or law are included in the Consolidated Complaints. Plaintiffs' counsel in each and every complaint (hereafter, "individual Plaintiffs' counsel") are hereby put on notice that they are required to coordinate discovery with Lead Counsel such that all discovery relevant to any common allegation and/or claim is pursued in the MDL or otherwise waived and barred, unless such discovery is strictly unique to the individual action. See Order No. 51 (14-MD-2543 Docket No. 918) VII); 04/24/15 Status Conference Tr. 27 - 294. To the extent any individual Plaintiffs' counsel wishes to propound any discovery not already propounded by Lead Counsel, they shall provide such discovery to Lead Counsel by October 9, 2015. To ensure that Plaintiffs' counsel in every member case is on notice of the provisions in this Order, New GM is directed to a) serve (either electronically or by other means) a copy of this Order on counsel in any action transferred to or directly filed in the MDL after the date of this Order and b) promptly file proof of such service on the docket of each member case (not in 14-MD-2543 or 14-MC-2543), and as further set forth in this order. (Signed by Judge Jesse M. Furman on 7/10/2015) (tn)
July 9, 2015	Filing 142 ORDER NO. 68 in case 2:14-cv-02458-JMF; granting (1047) Motion to Dismiss in case 1:14-md-02543-JMF. In light of Plaintiffs' continue failure to submit substantially complete PFSs as required by Order No. 25, the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should any Plaintiff submit all required documentation within the next thirty days, or otherwise context this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 1047. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 7/9/2015) (tro)
July 9, 2015	Filing 141 ORDER in case 2:14-cv-02458-JMF; granting (1124) Letter Motion to Adjourn Conference in case 1:14-md-02543-JMF. Application GRANTED. The September 21st conference is CANCELLED, and the October 23rd conference is RESCHEDULED to October 9, 2015. Counsel shall update the MDL website accordingly. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543, 14-MC-2543, and all member cases; and to terminate 14-MD-2543, Docket No. 1124. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/9/2015) (tro)
July 9, 2015	Filing 140 SECOND AMENDED COMPLAINT amending #127 Amended Complaint, against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs. Related document: #127 Amended Complaint, filed by Madelaine Koppelman, Wayne Wittenberg, GM Ignition Switch MDL Plaintiffs, Shenyesa Henry, Nathaniel Fagans, David Young, Frances Ann Fagans.(Berman, Steve)
July 6, 2015	Filing 139 ORDER NO. 67: that any other such motions with respect to Order No. 61, filed on June 29, 2015, must be filed no later than July 13, 2015. Any party wishing to oppose a motion or motions filed pursuant to the preceding paragraph shall file one consolidated opposition no later than two weeks after the deadline for the motions' submission under Order No. 50 (in this instance, July 27, 2015). Any replies shall be filed one week thereafter, no later than August 3, 2015. The same deadlines for motion practice shall apply to any future motion to reinstate filed pursuant to Order No. 50, and as further set forth in this order. (Motions due by 7/13/2015. Responses due by 7/27/2015. Replies due by 8/3/2015.) (Signed by Judge Jesse M. Furman on 7/2/2015) (tn)
July 1, 2015	Filing 138 ORDER NO. 66: In light of the foregoing, the claims of Plaintiffs Nykea Fox and Courtney Williams are hereby DISMISSED with prejudice. See In re World Trade Ctr. Disaster Site Litig., 722 F.3d at 487 (holding "that the court did not exceed the bounds of its discretion in dismissing the noncompliant plaintiffs' complaints"). Additionally, because Fox and Williams may not be the only Plaintiffs who were named in the first Consolidated Complaints to be dropped from the SACC, Lead Counsel is directed to submit a letter, no later than July 8, 2015, (1) identifying any other Plaintiffs who appear only in the Pre-Sale or Post-Sale Consolidated Complaint, not in any individual action, and who were not named in the SACC; and (2) indicating whether they have any objection to the Clerk of Court terminating such Plaintiffs as parties in this action. The Clerk of Court is directed to terminate Nykea Fox and Courtney Williams as Plaintiffs in this action and to terminate 14-MD-2543 Docket No. 1023. Nykea Fox and Courtney Williams terminated. (Signed by Judge Jesse M. Furman on 7/1/2015) (tn)
July 1, 2015	Filing 137 ORDER NO. 65: In light of Plaintiffs' continued failure to submit substantially complete PFSs as required by Order No. 25 - a fact which none of the Plaintiffs New GM now moves to dismiss appear to dispute - the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should Ms. Bacon (or any Plaintiff on this list, for that matter) submit all required documentation within the next thirty days, or otherwise contest this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 984. (Signed by Judge Jesse M. Furman on 6/30/2015) (tn)
June 30, 2015	Filing 136 ORDER NO. 64 [Regarding the Parties' Proposed Order Governing Obligations to Pursue Common Discovery in this MDL]: that the Court has amended the proposed order (a draft of which is attached as Exhibit A) to address all cases in this MDL. Because the Court's changes expand the number of cases that the order implicates (and because, among other things, the proposed order indicates that the parties "consent[] to its entry," Ex. A at 2), the Court believes that counsel should have an opportunity to review and comment on the new proposed order before its entry. Accordingly, if any party (including, but not limited to, Lead Counsel and New GM) objects to entry of the proposed order in its current form - or has any suggestions for revising it - it shall so advise the Court by letter no later than July 6, 2015. In the absence of any such objection (or suggestions), the Court will enter the order as proposed. (Signed by Judge Jesse M. Furman on 6/30/2015) (tn)
June 29, 2015	Filing 135 ORDER NO. 63 [Regarding the Identification of Factual Predicates and Legal Claims in Any Individual Economic Loss Complaints that Are Not Included in the Second Amended Consolidated Complaint Pursuant to Order No. 51]: that pursuant to Order Nos. 50 and 61, the claims of certain Plaintiffs included on the attached list - in particular, those whose economic loss claims and/or allegations were not already dismissed pursuant to Order No. 29 - will be dismissed without prejudice. As with Order No. 61, Plaintiffs in underlying economic loss complaints have fourteen (14) days from entry of this Order to object to their inclusion on the attached Exhibit A. (Signed by Judge Jesse M. Furman on 6/29/2015) (tn)
June 29, 2015	Filing 134 ORDER NO. 62 [Timing of Motion Practice On Unique Economic Loss Claims in Reinstated Economic Loss Cases]: The Court, having considered the parties' proposal, hereby ORDERS that motion practice on unique economic loss claims and allegations in reinstated economic loss complaints shall be deferred until after class certification, unless plaintiffs in any reinstated economic loss complaint files an objection within fourteen (14) days and makes a showing of good cause as to why Lead Counsel and New GM's proposal should not be adopted. For any plaintiff whose economic loss complaint is reinstated pursuant to Order No. 50 Paragraph 7 after the date of this Order, such plaintiff has fourteen (14) days from the date their economic loss complaint is reinstated to file an objection and make a showing of good cause as to why Lead Counsel and New GM's proposal should not be adopted as to their complaints. (Signed by Judge Jesse M. Furman on 6/29/2015) (tn) (Signed by Judge Jesse M. Furman on 6/29/2015) (tn)
June 29, 2015	Filing 133 ORDER NO. 61 [Dismissal of Economic Loss Claims Without Prejudice Pursuant to Order No. 50]: The Court, having considered the parties' proposed order, hereby dismisses without prejudice those economic loss complaints and economic loss claims and/or allegations identified in the attached Exhibit A. Plaintiffs in any of the cases identified in the attached Exhibit A have fourteen (14) days from entry of this Order to seek to reinstate their complaints, economic loss claims and/or allegations, upon a showing of good cause, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 6/29/2015) (tn)
June 26, 2015	Filing 132 NOTICE of Elliott, Sesay, and Bledsoe Plaintiffs' Objections. Document filed by Celestine Elliott. (Peller, Gary)
June 23, 2015	Filing 131 ORDER NO. 60 [Regarding the June 16, 2015 Status Conference]: the Court will conduct additional Status Conferences on the following dates: Friday, August 28, 2015; Monday, September 21, 2015; Friday, October 23, 2015; and Friday, November 20, 2015. Further, unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. Eastern Time and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. In light of Magistrate Judge Dolinger's retirement, the Court has re-designated all MDL cases to Magistrate Judge James Cott. As such, any order that references Judge Dolinger (see, e.g., Order No. 36 65, 14-MD-2543 Docket No. 604) is hereby amended to refer instead to Magistrate Judge Cott. The parties are to meet and confer regarding the redactions in the amended consolidated complaint (14-MD-2543 Docket No. 1038), and any corrected versions thereof, and plaintiffs' motion to compel King & Spalding documents (14-MD-2543 Docket No. 1028), along with any exhibits to the motion to compel submitted under seal. To the extent any party believes that any of the foregoing documents should remain redacted or under seal, that party shall file a letter brief (not to exceed ten single-spaced pages) by Tuesday, June 30, 2015, explaining why the redaction or sealing is consistent with the presumption in favor of public access to judicial documents. The parties are to meet and confer and submit an agreed upon proposed order or competing letter briefs (not to exceed five single-spaced pages) addressing the timing and scope of motion practice on the amended consolidated complaint by Tuesday, June 30, 2015. The parties are to meet and confer and submit agreed upon proposed orders or competing letter briefs by Tuesday, June 23, 2015, on the following topics as further set forth in this order. The parties should continue to meet and confer regarding issues related to the deposition of New GM's outside counsel, Anton Valukas. The parties are to submit simultaneous letter briefs (not to exceed ten single-spaced pages) regarding any remaining disputes by Friday, July 17, 2015, and any reply briefs (not to exceed five single-spaced pages) should be filed by Friday, July 24, 2015. Pursuant to Order No. 25 Paragraph 49, on July 15, 2015, the parties shall submit letter briefs, not to exceed ten single-spaced pages, "proposing the order of [Early Trial Cases] and setting forth the parties' rationales for their proposed orders." The parties' letter briefs should principally address why - and how - the Early Trial Cases they seek to try first are representative of cases in the MDL as a whole. New GM is to submit a brief (not to exceed twenty double-spaced pages) regarding the treatment of non-confidential discovery material by Friday, June 19, 2015. Plaintiffs are to submit a response brief (not to exceed the twenty double-spaced pages) by Wednesday, June 24, 2015. The parties are to inform the Court of their views regarding the Hammatt Plaintiffs' notice of voluntary dismissal or of any proposal to address the notice by Tuesday, June 23, 2015. (Status Conference set for 8/28/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 9/21/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 10/23/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 11/20/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Brief due by 7/17/2015. Responses to Brief due by 7/24/2015) (Signed by Judge Jesse M. Furman on 6/22/2015) (tn)
June 22, 2015	Filing 130 NOTICE of Of Errata and Correction to the Second Amended Consolidated Complaint re: #127 Amended Complaint,. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A ([Corrected] Second Amended Consolidated Complaint [REDACTED]))(Berman, Steve)
June 18, 2015	Filing 129 ORDER NO. 59: To enable the Court to resolve whether the relevant Plaintiff's certifications are "false or incorrect," thus warranting dismissal of their claims despite their certifications to the contrary, any Plaintiff who submitted an opposition to New GM's motion to dismiss is granted leave to file a sur-reply, to be filed no later than June 26, 2015, responding to the alleged deficiencies in his or her PFS identified in New GM's reply. Counsel for any such Plaintiff is directed to confer with counsel for New GM in advance of filing such a sur-reply, so that Plaintiff is aware of the specific documents he or she is allegedly missing and can respond accordingly. Plaintiffs are warned that a failure to file any sur-reply may, pursuant to Order No. 25, result in dismissal (without prejudice) of their claims without further notice. SO ORDERED. (As further set forth in this Order.) (Surreplies due by 6/26/2015.) (Signed by Judge Jesse M. Furman on 6/18/2015) (ajs)
June 12, 2015	Filing 128 BRIEF re: #117 Order, Set Hearings, Set Deadlines,,,,,,,,,,,,,,,,,,,,,,,, #114 Order,,,,, Lead Counsel's Report Pursuant to Orders 50 and 51. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A (LIst of Cases that Have Claims and Allegations Not Asserted in the Second Amended Consolidated Complaint))(Berman, Steve)
June 12, 2015	Filing 127 AMENDED COMPLAINT amending #61 Amended Complaint, #60 Amended Complaint against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs, Shenyesa Henry, Madelaine Koppelman, Frances Ann Fagans, Wayne Wittenberg, David Young, Nathaniel Fagans. Related document: #61 Amended Complaint, filed by GM Ignition Switch MDL Plaintiffs, #60 Amended Complaint filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 (part 2))(Berman, Steve)
June 11, 2015	Filing 126 ORDER NO. 58 [Regarding New GM's May 26, 2015 Motion To Dismiss Without Prejudice and its June 10, 2015 Motion To Dismiss With Prejudice]: that New GM is directed to file a reply to Plaintiffs' oppositions, no later than June 16, 2015, with an updated list of Plaintiffs whose claims New GM is still seeking to dismiss (along with a notation indicating if any of those plaintiffs opposed New GM's motion). Nykea Fox and Cortney Williams, identified on Exhibit A of New GM's motion - are directed to file any opposition to New GM's motion no later than June 25, 2015. New GM's reply, if any, shall be filed no later than July 2, 2015. Set Deadlines/Hearing as to (1023 in 1:14-md-02543-JMF) MOTION to Dismiss with Prejudice Economic Loss Plaintiffs for Failure to Submit Discovery Required by MDL Order No. 45: Responses due by 6/25/2015, Replies due by 7/2/2015. (Signed by Judge Jesse M. Furman on 6/11/2015) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn) (Signed by Judge Jesse M. Furman on 6/11/2015) (tn)
June 10, 2015	Filing 125 OPINION AND ORDER: In complex, multidistrict litigation of this sort, courts must grapple with - indeed, juggle a host of challenges and considerations. Among the most important of those challenges and considerations is striking the right balance between, on the one hand, protecting and preserving the rights and interests of individual litigants while, on the other hand, ensuring that such solicitude does not undermine the central purpose of MDL consolidation - namely, promoting "just and efficient" resolution of the parties' disputes. 28 U.S.C. 1407(a). In its effort to streamline the litigation, the Court's initial order addressing the effect of the Consolidated Complaints in this MDL - Order No. 29 - failed to grant appropriate weight to the former concern. For the reasons stated above, however, the Court concludes that Order No. 50 - a copy of which is attached for ease of reference does strike the right balance. As noted, Order No. 50 contemplates entry of additional orders touching on these issues. Through those orders and others, the Court will undoubtedly refine the balance between the individual and collective even further. For now, however, the Court finds that Order No. 50 appropriately protects the interests of all individual parties while ensuring that the Court is able to "expeditiously and thoroughly resolve" the common legal and factual issues that motivated the JPML to transfer these cases here. In re Asbestos Cases of Hatch, James & Dodge, G. Patterson Keahey, No. 06-CV-741 (TS), 2007 WL 582983, at *2 (D. Utah Feb. 20, 2007). (Signed by Judge Jesse M. Furman on 6/10/2015) (kl)
June 2, 2015	Filing 124 MEMO ENDORSEMENT on re: (997 in 1:14-md-02543-JMF) Letter filed by GM Ignition Switch MDL Plaintiffs. ENDORSEMENT: The proposed deadlines are hereby adopted, as is Plaintiffs' proposal for briefing and page limits. If, upon receipt of Plaintiffs' opening brief, either New GM or K&S believes that it needs more than the allotted pages, it may file a letter motion in accordance with the Court's Individual Rules and Practices. (Motions due by 6/10/2015. Responses due by 7/1/2015. Replies due by 7/22/2015.) (Signed by Judge Jesse M. Furman on 6/2/2015) (tn)
June 1, 2015	Filing 123 ORDER NO. 57 [Amending the Deposition Cross-Noticing Requirements in Order No. 36]: that case-specific bellwether depositions (i.e., depositions of case-specific expert witnesses or witnesses designated pursuant to Order No. 43 (Docket No. 744) as Category 3, Category 4, Category 5, and Category 6 fact witnesses) do not need to be cross-noticed in the Coordinated Actions. Accordingly, the first two sentences of Paragraph 20 of the Amended Deposition Protocol Order (Order No. 36, Docket No. 604) are amended as further set forth in this order. (Signed by Judge Jesse M. Furman on 6/1/2015) (tn)
May 27, 2015	Filing 122 ORDER NO. 56. The claims of Plaintiffs named in Exhibit 1 are hereby DISMISSED with prejudice. See In re World Trade Ctr. Disaster Site Litig., 722 F.3d 483, 487 (2d Cir. 2013) (noting that district courts' "responsibility to manage their dockets so as to achieve the orderly and expeditious disposition of cases...is particularly acute where the litigation is complex and continuing," and concluding "that the court did not exceed the bounds of its discretion in dismissing the noncompliant plaintiffs' complaints" (internal quotation marks omitted)). The Clerk of Court is directed to terminate Plaintiffs named on Exhibit 1 and to terminate 14-MD-2543 Docket No. 898. Additionally, since the claims of Steven Jones will be terminated pursuant to this Order, and he is the only Plaintiff in 14-CV-5350 (Ishmail Sesay, Plaintiff in 14-CV-6018, appears to be listed on the docket in error), the Clerk of Court is directed to close that case. Granting (898) Motion to Dismiss in case 1:14-md-02543-JMF. (Signed by Judge Jesse M. Furman on 5/27/2015) Entered as doc. #985 in Case No. 14md2543. (rjm)
May 11, 2015	Filing 121 ORDER NO. 55 granting (865) Motion to Dismiss in case 1:14-md-02543-JMF: that New GM's motion to dismiss, without prejudice, the claims of Nykea Fox and Courtney Williams is GRANTED. The Court notes that if Plaintiffs do, in fact, submit all required documentation within the next thirty days, they can move to vacate the dismissal without prejudice pursuant to Paragraph 4 of the Order. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 865. (Signed by Judge Jesse M. Furman on 5/11/2015) (tn) Modified on 5/11/2015 (tn).
May 6, 2015	Filing 120 ORDER NO. 54 [Regarding Motions To Remand Filed in Transferor Courts]: that Plaintiffs shall file any renewed motions to remand (in both 14-MD-2543 and their individual member case) no later than May 20, 2015, and shall include citations to Second Circuit law in the accompanying memorandum of law. New GM's opposition(s) shall be filed no later than June 3, 2015; Plaintiffs' replies, if any, shall be filed by June 10, 2015. New GM shall advise the Court no later than May 11, 2015 of any other motions to remand that were previously filed in cases currently in the MDL of which it is aware. Further, going forward, New GM shall advise the Court of any motion to remand filed in a case prior to its transfer to the MDL within two weeks of the case's transfer to the MDL. The Clerk of Court is directed to docket this Order in 14-MD-2543 and all above-captioned member cases. (Signed by Judge Jesse M. Furman on 5/6/2015) (Signed by Judge Jesse M. Furman on 5/6/2015) (tn)
May 6, 2015	Filing 119 ORDER NO. 53 [Regarding Lead Counsel's April 22, 2015 Motion to Vacate Dismissal and New GM's April 29, 2015 Motion to Dismiss with Prejudice] in case 2:14-cv-02458-JMF; granting (860) Motion to Vacate in case 1:14-md-02543-JMF: Because Plaintiffs listed on Exhibit A to Lead Counsel's motion have certified that they have all submitted a substantially complete PFS (see 14-MD-2543 Docket No. 861 at 2 & Ex. A), Lead Counsel's motion to vacate the dismissal with respect to those Plaintiffs is GRANTED pursuant to Order No. 25, and their cases are hereby reinstated. This Order, however, is without prejudice to New GM filing a motion to dismiss with respect to any such plaintiffs whose PFS submission is later deemed to have been incomplete as of the date of the motion's filing. As for New GM's motion to dismiss with prejudice, any opposition (by Lead Counsel or by any individual Plaintiff that it is a subject of that motion) shall be filed no later than May 19, 2015. Failure to submit any opposition to New GM's motion may result in dismissal with prejudice of that Plaintiff's claims without further notice. New GM's reply, if any, shall be filed no later than May 29, 2015. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 860. (Signed by Judge Jesse M. Furman on 5/5/2015) (tn)
May 6, 2015	Set/Reset Deadlines: Motions due by 5/20/2015. Responses due by 6/3/2015. Replies due by 6/10/2015. (tn)
May 6, 2015	Set/Reset Deadlines: Responses due by 5/19/2015, Replies due by 5/29/2015. (tn)
May 4, 2015	Filing 118 ORDER NO. 52 -- Regarding Qualification of Documents Generated by a Party as Authentic or Business Records: For the reasons set forth within, the Court finds that the entry of an order similar to the order used in the Bextra & Celebrex MDL will help to ensure that no party waits until close of discovery or eve of trial to raise objections, which is essential in litigation of this complexity and size and crucial for purposes of minimizing the risk of delays in the schedule set by the Court, including the schedule for bellwether trials. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 5/4/2015) (ab)
May 1, 2015	Filing 117 ORDER NO. 51 [Regarding the April 24, 2015 Status Conference]: Status Conference set for 6/16/2015 (rescheduled from the previously scheduled date of June 26, 2015) at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 8/28/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The parties should advise the Court as to whether they have reached agreement regarding informal coordination with counsel in the Felix Related Action (see 14-MD-2543 Docket No. 770) and the details of the proposed agreement (if any). If the parties do not reach agreement, they should promptly inform the Court. The parties should continue to meet and confer regarding the data extraction issues related to New GM's Customer Assistance Center ("CAC") Service Request database identified in the parties' joint pre-conference letter (14-MD-2543 Docket No. 847, 2) and shall raise any outstanding disagreements at the June 16, 2015 Status Conference. The parties should continue to meet and confer regarding production of documents that New GM has produced to the U.S. government and promptly bring any unresolved issues to the Court's attention. For Request Nos. 2, 4(c), 8, 15, 16, 24, 33, 34, and 41, New GM shall search for potentially responsive documents by applying the search terms agreed to by the parties across the custodial files of the custodians listed in Exhibit 4 to New GM's letter brief (14-MD-2543 Docket No 857, Ex. 4). The parties should meet and confer as to whether this list of deponents should be supplemented with additional individuals reasonably targeted by plaintiffs to have responsive information, including but not limited to additional deponents noticed by Lead Counsel. The parties should also meet and confer regarding reasonable production deadlines for any such additional agreed upon custodians. The deadline for Lead Counsel to file Plaintiffs' amended consolidated complaint has been extended to Friday, June 12, 2015. (Amended Pleadings due by 6/12/2015.) (Signed by Judge Jesse M. Furman on 4/30/2015)
April 27, 2015	Filing 116 PRESERVATION ORDER NO. 7 AGREED UPON ORDER REGARDING THE INSPECTION OF CERTAIN IGNITION SWITCH PARTS GOVERNED BY NHTSA RECALL CAMPAIGN 14v-047000: This Order sets forth an agreed plan for testing of certain recalled ignition switch parts covered by National Highway Traffic Safety Administration ("NHTSA") Recall Campaign 14v-047000 and modifies New GM's obligations for maintaining and preserving those recalled ignition switch parts. (Signed by Judge Jesse M. Furman on 4/27/2015) (tn)
April 27, 2015	Filing 115 AGREED PARTS PRESERVATION ORDER NO. 6: This Order sets forth New GM's obligations for maintaining and preserving recalled parts covered by (a) National Highway Traffic Safety Administration ("NHTSA") Recall Campaigns 14V-092, 14V-246, 14V-251, 14V-259, 14V-265, 14V-298, 14V-299, 14V-339, 14V-342, 14V-345, 14V-346, 14V-375, 14V-377, 14V-394, 14V-404, 14V-417, 14V-451, 14V-300, 13V-615 and (b) field actions outlined in New GM Bulletin No. 14036 (Incorrect Safety Lock Switch), New GM Bulletin No. 14043 (Incorrect Transmission Thrust Bearing), New GM Bulletin No. 14047 (Tail Lamp Gasket Seal), New GM Bulletin No. 14076 (Engine Noise), New GM Bulletin No. 14166 (Seat Mounted Side Impact Airbag Connector). The NHTSA Recall Campaigns and New GM Field Actions covered by this Order will be referred to as the "Relevant Recall Campaigns" for purposes of this Order. (Signed by Judge Jesse M. Furman on 4/27/2015) (tn)
April 24, 2015	Filing 114 ORDER NO. 50 [Reconsidering and Amending Order No. 29 Regarding the Effect of the Consolidated Complaints]: the Court determines that Order No. 29 should be: (1) clarified to specify that all dismissals are, unless and until the Court orders otherwise, without prejudice; (2) modified to provide a procedure to allow certain economic loss plaintiffs not named in the amended Consolidated Complaints to challenge the dismissal of their claims; and (3) revised to protect the due process rights of economic loss plaintiffs, such that dismissal of their individual complaints in order to streamline these proceedings does not preclude such plaintiffs from (a) recovering as a member of any class that might be certified or (b) pursuing claims, should a plaintiff choose to do so, if no class is certified or if the plaintiff opts out of a class that is certified. Accordingly, this Order supersedes Order No. 29 in its entirety, except that Order No. 29 remains intact insofar as it dismissed, without prejudice, the allegations, claims, and defendant(s) included in complaints that already had been transferred to or were filed in MDL 2543 as of the date of entry of that Order and not included in the Consolidated Complaints, which complaints were listed in Order No. 29, Exhibit A; and as further set forth in this order. (Signed by Judge Jesse M. Furman on 4/24/2015) (tn)
April 21, 2015	Filing 113 ORDER NO. 49: On April 3, 2015, Lead Counsel (in conjunction with Gary Peller, counsel for Elliott, Sesay, and Bledsoe Plaintiffs) and New GM submitted competing proposed orders regarding the effect of the Consolidated Complaints and later amendments on individual complaints. (14-MD-2543 Docket Nos. 809 ("Lead Counsel Ltr."), 810 ("New GM Ltr.")). Having reviewed the parties' submissions, the Court has drafted its own proposed order (attached as Exhibit A), which incorporates the following preliminary views regarding the parties' substantive disputes as further set forth in this order. The parties should be prepared to discuss the proposed Order at the status conference scheduled for April 24, 2015. (Mr. Peller is welcome, but not required, to attend and be heard on these issues.) Further, to facilitate the discussion, Lead Counsel and counsel for New GM shall confer in advance of the conference about the proposed Order. (Signed by Judge Jesse M. Furman on 4/21/2015) (tn)
April 21, 2015	Filing 112 MEMO ENDORSEMENT on re: (847 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the April 24, 2015 status conference. Additionally, counsel should be prepared to update the Court with respect to the status of the plaintiff fact sheets for both economic loss plaintiffs and personal injury/wrongful death plaintiffs. Further, the parties are hereby ORDERED to brief the issues raised in Item #10 -- Plaintiffs' proposed order regarding authentication and qualification of documents as business records. In the interest of resolving the issue before most if not all depositions begin, the parties shall submit simultaneous letter briefs, not to exceed five pages, no later than April 28, 2015, and may submit reply letter briefs, not to exceed three pages, no later than May 1, 2015, at 2 p.m. The Clerk of Court is directed to docket this memo endorsement in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 4/21/2015) (tn)
April 21, 2015	Set/Reset Deadlines: Brief due by 4/28/2015. Responses to Brief due by 5/1/2015. (tn)
April 17, 2015	Filing 111 ORDER NO. 48 [Protecting Privileged Materials Under Federal Rule of Evidence 502(d)]: that the Produced Documents, including the substance and the content thereof, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order" or "Order"), as set forth below. Unless otherwise stated in this Order, the Produced Documents, including the substance and content thereof, are also subject to the terms of MDL Order No. 10 (14-MD-2543 Docket No. 294) that was entered by the Court on September 10, 2014. The purpose of this Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules. (Signed by Judge Jesse M. Furman on 4/17/2015) ***As per chamebrs, Filed In All Member Cases: 1:14-md-02543-JMF et al. (tn)
April 16, 2015	Filing 110 ORDER NO. 47: In Order No. 22, the Court directed the parties, "[w]ithin fourteen (14) days of the Bankruptcy Court's ruling on New GM's pending Motions to Enforce," to "submit a joint letter proposing how the Court should proceed with respect to" Plaintiffs' Pre-Sale Consolidated Complaint. (14-MD-2543 Docket No. 399). As the parties are presumably aware, the Bankruptcy Court issued its ruling yesterday. (See 09-BR-50026 (Bankr. S.D.N.Y.) Docket No. 13109). Accordingly - and unless and until the Court orders otherwise - the parties are to submit their joint letter no later than April 29, 2015. Further, the parties should be prepared to discuss the issue at the upcoming April 24, 2015 status conference - preparation that should include, as necessary, conferring with counsel litigating before the Bankruptcy Court. (Signed by Judge Jesse M. Furman on 4/16/2015) (tn)
April 7, 2015	Filing 109 MEMO ENDORSEMENT on re: (808 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to file this in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 4/6/2015) (tn)
April 6, 2015	Filing 108 ORDER NO. 46 [Governing Deposition Privilege Issues Under Federal Rule of Evidence 502(d)]: that the Privilege Issue testimony, including the substance and the content thereof, shall be subject to and governed by the terms of this Order ("Rule 502(d) Deposition Order" or "Order"), as set forth below. The purpose of this Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules. (Signed by Judge Jesse M. Furman on 4/6/2015) (tn) Modified on 4/6/2015 (tn).
April 3, 2015	Filing 107 LETTER addressed to Judge Jesse M. Furman from Steve Berman, Elizabeth Cabraser, Robert Hilliard, Gary Peller dated April 3, 2015 re: Plaintiffs' proposed "Order No. __, Reconsidering and Amending Order No. 29 Regarding the Effect of the Consolidated Complaints". Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Text of Proposed Order)(Martin, Annika)
April 1, 2015	Filing 106 ORDER: that, by April 6, 2015, New GM and Lead Counsel shall submit to the Clerk of Court checks payable to AT&T in the amount of $850 and $849, respectively. (Signed by Judge Jesse M. Furman on 4/1/2015) (tn)
March 30, 2015	Filing 105 ORDER NO. 45 [Mechanism and Timetable For Dismissal of Economic Loss Plaintiffs With Overdue Discovery]: that any Plaintiff who fails to comply with his or her PFS obligations may be subject to having his or her claims dismissed. If a Plaintiff has not submitted a substantially complete PFS as of the date of this Order, the MDL Defendants shall send a Notice of Overdue Discovery to Plaintiff's counsel identifying the discovery overdue and stating that, unless the Plaintiff complies with the Court's discovery orders, the case may be subject to dismissal. If a Plaintiff fails to submit a completed PFS within fourteen (14) days after service of the Notice of Overdue Discovery, the MDL Defendants may move the Court for an Order dismissing the economic loss claims of the Plaintiff without prejudice. Plaintiff shall have fourteen (14) days from the date of the MDL Defendants' motion to dismiss to file a response either (a) certifying that the Plaintiff has submitted a completed PFS or (b) opposing the MDL Defendants' motion for other reasons. If a Plaintiff certifies that he or she has submitted a completed PFS, the Plaintiff's claims shall not be dismissed. The Court may, upon motion or sua sponte, dismiss the claims of any Plaintiff whom the Court finds to have submitted a false or incorrect certification. If the Court dismisses the economic loss claims of a Plaintiff without prejudice under the previous paragraph, the Order will be converted to a Dismissal With Prejudice upon the MDL Defendants' motion - to be filed no earlier than thirty (30) days after the Court's entry of the Order of Dismissal Without Prejudice - unless Plaintiff submits a substantially complete PFS or moves to vacate the Dismissal Without Prejudice within that same time period. (Signed by Judge Jesse M. Furman on 3/30/2015) (tn)
March 27, 2015	Filing 104 ORDER NO. 44 -- Regarding Certain Discovery Disputes: The parties raised several outstanding discovery disputes including Phase Two Discovery custodial search terms (see Order No. 31 2(b)) and Plaintiffs' Consolidated Document Requests (see id. 6). Pursuant to Order No. 39 Section IV, the parties submitted letter briefs and competing proposals for the Court's consideration (see Docket Nos. 732 and 734), and Plaintiffs have submitted a supporting declaration from Thomas Matzen (Docket No. 733). SEE ORDER. (Signed by Judge Jesse M. Furman on 3/27/2015) (ab)
March 26, 2015	Filing 103 ORDER NO. 43 [Regarding Deposition Sequence And Examination Time]: The MDL Defendants and Lead Counsel for the MDL 2543 Plaintiffs were unable to reach agreement on a supplemental deposition protocol. The Court has considered the parties' positions, conferred with judges presiding over Coordinated Actions and other related actions, and now issues the following protocols regarding the allocation of examination time and sequencing for MDL fact witness depositions, as further set forth in this order. (Signed by Judge Jesse M. Furman on 3/26/2015) (tn)
March 26, 2015	Filing 102 ORDER NO. 42 [Establishing Common Benefit Fee and Expense Fund]: The purpose of this Order is to provide for the fair and equitable sharing of the burden of services performed and expenses incurred by attorneys acting for the common benefit of plaintiffs in Common Benefit Actions (as defined in paragraph 11, below), and to provide plaintiffs in Common Benefit Actions and their counsel with access to Common Benefit Work Product for use in Common Benefit Actions, as further set forth in this order. (Signed by Judge Jesse M. Furman on 3/26/2015)(tn)
March 24, 2015	Filing 101 Vacated-in-part as per Judge's Order dated 5/5/2015, Doc. # 119 ORDER NO. 41 granting in part and denying in part (625) Motion to Dismiss in case 1:14-md-02543-JMF: Accordingly, Lead Counsel and/or Plaintiffs' liaison counsel is directed to serve Ms. Robinett - if they have not done so already - with a copy of this Order, Order No. 25, New GM's Notice of Overdue Discovery (Docket No. 559), and New GM's motion to dismiss Ms. Robinett's claims (along with Lead Counsel's response and New GM's reply) no later than March 25, 2015, and to promptly file proof of such service on the dockets of both 14-MD-2543 and 14-CV-9466. Ms. Robinett shall file any objection to dismissal with this Court's Pro Se office no later than April 8, 2015; New GM's reply, if any, shall be filed (and served on Ms. Robinett) no later than April 13, 2015. Ms. Robinett is cautioned that failure to respond to New GM's motion (or to obtain an extension to do so) will result in dismissal without prejudice of her claims, and may result in dismissal with prejudice pursuant to the terms of Order No. 25. As part of this Court's inherent authority to manage its caseload, Ms. Robinett is directed to become an ECF user - and take all necessary steps to do so - no later than May 13, 2015. In order to assist Ms. Robinett in this regard, Lead Counsel and/or Plaintiffs' liaison counsel are further directed to mail a copy of the model Motion for Permission for Electronic Case Filing for pro se plaintiffs and a copy of "A Manual for Pro Se Litigants Appearing Before the United States District Court for the Southern District of New York"- both available on the Court's website - to Ms. Robinett, and to promptly file proof of such service on the docket of 14-CV-9466. In conclusion, and for the foregoing reasons, the claims of all plaintiffs appearing on Exhibit A of New GM's reply (Docket No. 672, Ex. A), with the exception of Ms. Robinett, are dismissed without prejudice pursuant to Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 625. (Signed by Judge Jesse M. Furman on 3/23/2015) (tn) Modified on 3/24/2015 (tn). Modified on 5/6/2015 (tn).
March 24, 2015	Filing 100 ORDER NO. 40 [Regarding Choice-of-Law for Certain Plaintiffs]: In accord with the Parties' stipulation and agreement, the Court orders that, with respect to all of the claims of each of the above-named 22 Plaintiffs who allege vehicles that were manufactured by New GM, the substantive laws of each Plaintiff's home jurisdiction will govern all of that Plaintiff's claims asserted in the Complaint. (Signed by Judge Jesse M. Furman on 3/23/2015) (tn)
March 19, 2015	Filing 99 ORDER NO. 39 [Regarding the March 13, 2015 Status Conference] terminating (74) Motion for Reconsideration in case 2:14-cv-02458-JMF; terminating (74) Motion for Reconsideration in case 2:14-cv-02713-JMF; terminating (74) Motion for Reconsideration in case 1:14-cv-02714-JMF; terminating (74) Motion for Reconsideration in case 1:14-cv-03326-JMF; terminating (70) Motion for Reconsideration in case 1:14-cv-03298-JMF; terminating (499) Motion for Reconsideration ; granting (643) Motion to Seal Document in case 1:14-md-02543-JMF; terminating (103) Motion for Reconsideration in case 1:14-cv-04226-JMF; terminating (87) Motion for Reconsideration in case 1:14-cv-04265-JMF; terminating (123) Motion for Reconsideration in case 1:14-cv-04267-JMF; terminating (114) Motion for Reconsideration in case 1:14-cv-04268-JMF; terminating (88) Motion for Reconsideration in case 1:14-cv-04270-JMF; terminating (116) Motion for Reconsideration in case 1:14-cv-04272-JMF; terminating (87) Motion for Reconsideration in case 1:14-cv-04273-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04338-JMF; terminating (113) Motion for Reconsideration in case 1:14-cv-04339-JMF; terminating (74) Motion for Reconsideration in case 1:14-cv-04340-JMF; terminating (142) Motion for Reconsideration in case 1:14-cv-04342-JMF; terminating (88) Motion for Reconsideration in case 1:14-cv-04345-JMF; terminating (94) Motion for Reconsideration in case 1:14-cv-04346-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04348-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04350-JMF; terminating (85) Motion for Reconsideration in case 1:14-cv-04630-JMF; terminating (79) Motion for Reconsideration in case 1:14-cv-04632-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04637-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04641-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04650-JMF; terminating (72) Motion for Reconsideration in case 1:14-cv-04661-JMF; terminating (76) Motion for Reconsideration in case 1:14-cv-04662-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04667-JMF; terminating (74) Motion for Reconsideration in case 1:14-cv-04672-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-04676-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04684-JMF; terminating (69) Motion for Reconsideration in case 1:14-cv-04686-JMF; terminating (82) Motion for Reconsideration in case 1:14-cv-04690-JMF; terminating (88) Motion for Reconsideration in case 1:14-cv-04691-JMF; terminating (89) Motion for Reconsideration in case 1:14-cv-04692-JMF; terminating (76) Motion for Reconsideration in case 1:14-cv-04685-JMF; terminating (96) Motion for Reconsideration in case 1:14-cv-04699-JMF; terminating (93) Motion for Reconsideration in case 1:14-cv-04701-JMF; terminating (82) Motion for Reconsideration in case 1:14-cv-04702-JMF; terminating (80) Motion for Reconsideration in case 1:14-cv-04704-JMF; terminating (84) Motion for Reconsideration in case 1:14-cv-04707-JMF; terminating (72) Motion for Reconsideration in case 1:14-cv-04714-JMF; terminating (89) Motion for Reconsideration in case 1:14-cv-04715-JMF; terminating (86) Motion for Reconsideration in case 1:14-cv-04717-JMF; terminating (77) Motion for Reconsideration in case 1:14-cv-04720-JMF; terminating (97) Motion for Reconsideration in case 1:14-cv-04727-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04731-JMF; terminating (80) Motion for Reconsideration in case 1:14-cv-04732-JMF; terminating (80) Motion for Reconsideration in case 1:14-cv-04738-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04741-JMF; terminating (112) Motion for Reconsideration in case 1:14-cv-04751-JMF; terminating (83) Motion for Reconsideration in case 1:14-cv-04752-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04754-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04755-JMF; terminating (100) Motion for Reconsideration in case 1:14-cv-04756-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04758-JMF; terminating (67) Motion for Reconsideration in case 1:14-cv-04759-JMF; terminating (67) Motion for Reconsideration in case 1:14-cv-04760-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04764-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04768-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-04771-JMF; terminating (91) Motion for Reconsideration in case 1:14-cv-04775-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04778-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-04781-JMF; terminating (72) Motion for Reconsideration in case 1:14-cv-04784-JMF; terminating (76) Motion for Reconsideration in case 1:14-cv-04798-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-04799-JMF; terminating (67) Motion for Reconsideration in case 1:14-cv-04801-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04802-JMF; terminating (80) Motion for Reconsideration in case 1:14-cv-04804-JMF; terminating (89) Motion for Reconsideration in case 1:14-cv-04808-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04810-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-04811-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-04857-JMF; terminating (69) Motion for Reconsideration in case 1:14-cv-04858-JMF; terminating (76) Motion for Reconsideration in case 1:14-cv-04859-JMF; terminating (54) Motion for Reconsideration in case 1:14-cv-05035-JMF; terminating (66) Motion for Reconsideration in case 1:14-cv-05137-JMF; terminating (65) Motion for Reconsideration in case 1:14-cv-05323-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-05325-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-05331-JMF; terminating (62) Motion for Reconsideration in case 1:14-cv-05332-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-05336-JMF; terminating (55) Motion for Reconsideration in case 1:14-cv-05338-JMF; terminating (69) Motion for Reconsideration in case 1:14-cv-05340-JMF; terminating (62) Motion for Reconsideration in case 1:14-cv-05345-JMF; terminating (56) Motion for Reconsideration in case 1:14-cv-05347-JMF; terminating (66) Motion for Reconsideration in case 1:14-cv-05350-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-05351-JMF; terminating (65) Motion for Reconsideration in case 1:14-cv-05356-JMF; terminating (62) Motion for Reconsideration in case 1:14-cv-05358-JMF; terminating (59) Motion for Reconsideration in case 1:14-cv-05328-JMF; terminating (65) Motion for Reconsideration in case 1:14-cv-05458-JMF; terminating (93) Motion for Reconsideration in case 1:14-cv-05461-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-05501-JMF; terminating (62) Motion for Reconsideration in case 1:14-cv-05503-JMF; terminating (56) Motion for Reconsideration in case 1:14-cv-05506-JMF; terminating (58) Motion for Reconsideration in case 1:14-cv-05746-JMF; terminating (57) Motion for Reconsideration in case 1:14-cv-05750-JMF; terminating (57) Motion for Reconsideration in case 1:14-cv-05752-JMF; terminating (60) Motion for Reconsideration in case 1:14-cv-05754-JMF; terminating (51) Motion for Reconsideration in case 1:14-cv-05715-JMF; terminating (63) Motion for Reconsideration in case 1:14-cv-05880-JMF; terminating (55) Motion for Reconsideration in case 1:14-cv-05881-JMF; terminating (59) Motion for Reconsideration in case 1:14-cv-05850-JMF; terminating (59) Motion for Reconsideration in case 1:14-cv-05810-JMF; terminating (54) Motion for Reconsideration in case 1:14-cv-06018-JMF; terminating (47) Motion for Reconsideration in case 1:14-cv-06830-JMF; terminating (45) Motion for Reconsideration in case 1:14-cv-06924-JMF; terminating (47) Motion for Reconsideration in case 1:14-cv-07224-JMF; terminating (40) Motion for Reconsideration in case 1:14-cv-07242-JMF; terminating (44) Motion for Reconsideration in case 1:14-cv-07474-JMF; terminating (45) Motion for Reconsideration in case 1:14-cv-07475-JMF; terminating (52) Motion for Reconsideration in case 1:14-cv-07477-JMF; terminating (46) Motion for Reconsideration in case 1:14-cv-07623-JMF; terminating (30) Motion for Reconsideration in case 1:14-cv-07631-JMF; terminating (34) Motion for Reconsideration in case 1:14-cv-07977-JMF; terminating (30) Motion for Reconsideration in case 1:14-cv-07979-JMF; terminating (41) Motion for Reconsideration in case 1:14-cv-08130-JMF; terminating (46) Motion for Reconsideration in case 1:14-cv-08133-JMF; terminating (38) Motion for Reconsideration in case 1:14-cv-08134-JMF; terminating (29) Motion for Reconsideration in case 1:14-cv-08176-JMF; terminating (42) Motion for Reconsideration in case 1:14-cv-08382-JMF; terminating (49) Motion for Reconsideration in case 1:14-cv-08385-JMF; terminating (48) Motion for Reconsideration in case 1:14-cv-08386-JMF; terminating (28) Motion for Reconsideration in case 1:14-cv-08317-JMF; terminating (23) Motion for Reconsideration in case 1:14-cv-08248-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-08540-JMF; terminating (23) Motion for Reconsideration in case 1:14-cv-08883-JMF; terminating (24) Motion for Reconsideration in case 1:14-cv-08885-JMF; terminating (42) Motion for Reconsideration in case 1:14-cv-08886-JMF; terminating (36) Motion for Reconsideration in case 1:14-cv-08891-JMF; terminating (59) Motion for Reconsideration in case 1:14-cv-09058-JMF; terminating (14) Motion for Reconsideration in case 1:14-cv-09110-JMF; terminating (22) Motion for Reconsideration in case 1:14-cv-09466-JMF; terminating (23) Motion for Reconsideration in case 1:14-cv-09469-JMF; terminating (13) Motion for Reconsideration in case 1:14-cv-09431-JMF; terminating (18) Motion for Reconsideration in case 1:14-cv-09712-JMF: that the Court will conduct additional Status Conferences on the following dates: Friday, April 24, 2015; Friday, June 26, 2015; and Friday, August 28, 2015. Unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. EDT an
March 19, 2015	Transmission to Sealed Records Clerk. Transmitted re: #99 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (tn)
March 19, 2015	Set/Reset Hearings: Status Conference set for 4/24/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 6/26/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 8/28/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (tn)
March 19, 2015	Set/Reset Deadlines: Brief due by 3/27/2015. (tn)
March 13, 2015	Filing 98 STATUS REPORT. on Certification of Filing PFS Document filed by GM Ignition Switch MDL Plaintiffs.(Dotson, Daniel)
March 11, 2015	Filing 97 MEMO ENDORSEMENT on re: (636 in 1:14-md-02543-JMF) Letter, filed by DeAndrea Oden, General Motors Holding, LLC, Loretta V Lowe, Thomas Boccard, Alicia Richey, DPH-DAS LLC, Michael Patterson, Winnifred Harrigan, Robbie Roberts, Elizabeth Y. Grumet, Dolly Matthews, Dianne Huff, Delores Lewis, William B. Van Pelt, Penny Brooks, Charlotte Kirby, Jeff Detton, Jay Prassel, Randall Pina, Kathleen Deighan, Sharon Bledsoe, Casey White, Steve Berry, Mary Voigt, Kelly C. Norris, Deneise Burton, Julie Seavey, Jimmie Howard, Donda Davis, Wayne Hellerman, Roberta Chavez, Joyce Jeffrey, Doreen Leonard, Taunia Green, James Hancock, Helen Bell, Delissa Faulkner, Sharon Claxton, Pajja Jackson, Chris Shollenberger, Stoneridge, Inc., Alexis McKenzie, Kimberly Slaughter, Carol Munoz, Andre Edwards, Lianne LaReine, Manju Oberoi, Heather Holleman, Karen Smith-Mathews, Dawn Talbot, Letonya Lother, Charles Williams, Harry Albert, James Tibbs, Christopher Smith, Joie E. Ferguson, Steve Sileo, Paul Fordham, Keisha D. Vest, Judy Pickens, Sonya Surratt, Gwendolyn Broxton, Judy Murray, Anita Kinsey, The People of the State of California, Trina Brutche, Michelle A. Lannon, Rodney Jones, Diane E Harris, Rebecca Suarez-Marquez, Dierra Thomas, Willetta McCormick, Teresa Torres, Amy Cullum, Salvador Duenez, Vicki Nolton, Kathy Jasper, Curtis Blinsmon, Constance Mosley, Nataya Jackson, Valeria Glenn, Patricia Ann Chaplin, Earl Golston, Debra Villcheck, Karen McCarthy, Tammy Legg, Louise Haney, Melissa Cave, Terrene Terry, Sue Nagle, Zachary Dewitt, Tammy Sargent, Audra Brown, Maggie Dandridge, Sylvia Jones Glosson, Delphi Automotive PLC, Ethel Crutcher, Cindy Wade, Kelsey Vickers, Elizabeth McKinney, Bryan Williams, Jabrittny Harrison, Phyllis Hartzell, Melissa Parker, Nathan McNew, Kelly Marie Irvin, Rafael Lanis, Willie Barnes, Tynesia Mitchell, Cecilia Vindiola, Jeffery A. Balls, Eslie Johnson, Rachel Allen, Carrie Spencer, James Matthew Dilday, Christina Lankford, Thomas Stevenson, Amy Taylor, Galdina Maciel, Jennifer Fowler, Monique Cepero-Wisher, Tracey Childester, Kevin Holliday, Elizabeth Melton, Nykea Fox, Sarah Lyon-Schmidt, Debora Gordon, Robert Beatty, Donna Adams, Cindi Wooten, Annie McGhee, Joe Margolin, Meaghan Skillman, Ana Lourdis Quinones, Sarah Johnson, Valerie Young, Jennifer Reeder, Yvonne Myers, Kerry Hellstrom, Bob McCann, Allison C. Clinton, Corey Hoffman, Taren Cyrus, Grace Belford, Kimberly Smith, Brenda Hair, Carlos Robinson, Nathan Terry, Anita Flores, Sylvia Degado, Jennifer Gearin, Carla Jenkins, Stephanie Renee Carden, Pamela Minton, Nettleton Auto Sales Inc., Susan Rangel, Stephen Yagman, Carl Durham, Asuhan Leyva, Bob Shutts, Stacey Monroe, Wilbert Taylor, Victor McCleve, Pauline Mcwhorter, Salvador R. Marquez, Esperanza Bustillos, Troy Beauchamp, Laquinta Gulley, Jim Gresik, Duane Carter, II, Lea Jordanides, Fictitious Defendant "B", Sylvester Quiles, Chastity Minchala-Condo, Karen Moore, Judd Weisjahn, Julie Walston, Mark Hayden Troutman, Jamie Jackson, Kenneth L. Danforth, GM Ignition Switch MDL Plaintiffs, John Cameron, Tanjan Williams, Marie Mazzocchi, Willie Hatten Sr., Taylor Carpenter, Chasity Bliss Kitzmille Green, Mary Wade, General Motors LLC, Katherine Hughes, Perry Payton, Ryan Westemeier, Yasmi Gonzalez, Michael Washington, William Stinchcomb, Braggie Mabry, Noel Joyce Letterio, Jolene Fugate, April Dennis, Laura Cole, Eduardo Jimenez, Jr., DPH Holding Corporation, Danielle Thayer, Ryan Krause, Sheree Anderson, Judith M. Hoskins, Pamela Edwards, Jason Blevins, Victoria Farrow, Naomi Kinsey, Fanchea Hagan, Michael Garner, Sherri Pro, Deanna Dinco, Carter Brown Davis, Phillip Walston, Vincent Jurdine, Alan Rutherford, Tyrone Murchison, Gary Cagle, Ann Fearn, Kim Genovese, Maurice Johnson, John Helel, Martha Woodall, Katie Williams, Anna Andrews, Ruby L Greenroad, Robert Wyman, Unknown Defendant "A", Rachel Jones, Caitlyn Grether, Celestine Elliott, Timothy Nash, Perry King, Shannon Mosley, Latisha Oliver, Janelle Nelson, Sarah Hobby, Larry David Stidham, Brenda Duncan, Stefanie Osborne, Ronald Cox, Laura M. Parow, Zach Allen, Helen Grant, Roberta Cheraso, Alondra Ibanez, Michael A Smith, Alexander Herd, Amy Ashbridge, Velma Twiddy, Patricia Graves, Kenneth Leveille, Maya Gamble, Judy Rose, Lakisha Ward-Green, Joseph Cabral, Melinda Graley, Fictitious Defendant "D", Richard Lewis, Julie McCann, Mesafint Gebremariam, Eugene Landry, Continental Automotive Systems US, Inc., Kyle Phillip, Charles Bosarge, Tonya Dyer, Jack Cohen, Estevan Arroyos, Nancy Hausmann Frank, Pamela Lovell, Kelly Stelmack, Ronnie Heath, Lanette Selix, Sandra Rush, Katie Michelle McConnell, Anthony Vaughn, Wesley Wade, Richard Stafford, Eric McCarthy, Joni Precht, Jameka Lewis, Eric Brown, Cayce Lee, Joseph Catone, Andre Davis, Karen Rodman, Lisa West, Arnold Kessenger, Les Rouse, Heather Chockley, Louise Tindell, Amy C. Clinton, Katrina Miller, Steven Bucci, Jeaninne Little, Courtney Fleming, Amanda Delp, Diana Cnossen, Unknown Defendant "C", Yvonne E. Rodriguez, James Shell, Patricia Ramirez, Jenee Byrd, Maurice Shaffer, Bernard Bladen, Bedford Autho Wholesale, Inc., William Diggs, Michael C. Rader, Franklin Heishman, Michael Monisera, Phillip R Arnold, Lynette Little, Robert Bellin, Sara Robinson, Robert Young, Maria Raygoza, Cierra Payne, Amy Powell, Betty Barnes, Karondra Douglas, Antonia Laverdiere, Pat Williams, Lisa Phaneuf, Cathy Roads, Demealla Stocchi, Faye S. Williams, Bonita LaGoe, Cathy Wood, Ashley Coleman, Tara Heath, AutoFair Chevrolet, LLC, Maribel Davila, Reubena Crook, Erin Rosa, Tyson Sumners, Emily Heishman, Dorothy Petty, Jonathan Emerson, Broc Collins, Jeremy Clinton, Gordon Hair, Tracy Lewis, Austin DePalma, Kimberly Dykes, Kimberly Post, Kendra Bauman, Keith E. Gors, Dillon Lawrence, Lauren Durham, Cassandra Benjamin, Rita Parsons, Sonia Nava, Peyton Markle, Lawrence M. Elliott, Rebecca Youngblood, Vivian Johnson, Tanya Smith, Manuel Brown, Marie Pearison, Roxana Williams, Aaron Myrick, Jenna Maddocks, Dorian Robinson, Nicole Salerno, Kenneth Melton, Alvie Cochran, Lakendra Head, Clifford Pridgen, Daniela Jones, Erin E Kandziora, Jerrile Gordon, Charles Silvas, Bruce Wright, Moraima Serpa, Courtney Williams, Meghan Rodgers, Dantoni Pronnette, Don McCue Chevrolet, Inc., John W. Taylor, Pam Gladson, Bill Pierre Ford, Inc., Sidney Briggs, Elizabeth D. Johnson, Gwen Jordan, Kyle Smith, Robert Boyland, Patricia Houston, Michael Barnes, Debra O'Neill, Ashley Hill, NADIA YINGLING, David Rose, Latifah Degree, JULIO ZEGARRA, Tannell Poole, LaTonia Tucker, Kathy Vickers, Valerie Brooks, Sarah Detton, McDexturie Davison, Marjorie Reagle, Heiser Chevrolet Inc, Christa Wessel, Stephanie Hamilton, Joanne Yearwood, Barb Lawson, Frederick Whittington, LeAnn Storck, Lorrie Mcllwain, Irene Garcia, Byron Ricketts, Larry Darby, Carlota Onofre, Kenneth Brummitt, Laura Gutierrez, Momoh Kanu, Fictitious Defendant "C", Leonidas Player, Calvin Jackson, Peggy Sue Jones, Nathaniel Callis, Christopher Hope, Jesse Salazar, III, Rory Harvey, Colin Elliott, Jacob P. Knetzke, Denise Petersen, Inge Abney-Hobirk, Kimberley Monroe, Linda Stevens, Janice Ross, Amalia M. Brooks, Terri Umberger, Bernard Dawson, Luis Lozoya, Christopher Rawlings, Danielle Shirley, John Wilson, Kelli Rayner-Creel, Cathy Josie, Lisa Ruff, Shawn Doucette, David Padilla, Brian McDonald, Henry Redic, Joann McQueen, Robert H. White, Michelle Seefeldt, John Marvin Brutche, Jr., Jeanine Bachelder, Charles Culbreath, Diann Ashworth, David McFadde, Deborah Carpenter, Tracey Taylor, Joseph Fleck, Grace Silvas, Sandra Horton, Danyetta Lumpkin, Ken Davis, Philip Young, Nicole Mason, Athena Bendermon, Stewart Wagner, Linda Wright, Kenneth D. Phillips, Steven Anderson, Catherine Cabral, Anthony Pigatt, Kelly Cohen, McKenna Dunfee, Dominique Hicks, Dawn Wright, Teresa Gibson, Ruby Woodward, Joseph Lakatos, Rex Roach, Patricia Murtha, Simone Genus, Mary Simmons, Stephanie Cockram, Jerome Woods, Robert Scheuer, Unknown Defendant "B", Sherry Kielman, Edward Williams, Scott Johnson, Maria Craig, Natisha Thornton, Maria Brandt, Lisa Marino, Joy Carta, Austin Lee Slade, Karen Ballard, Thomas Manno, Martha Dickey, Alejandro Alers, Sr, Robert Pearson, Sarah Sloan, Wendy Williams, Keith Edward Lambeth, Shannon Beckmeyer, Mareceia Price, General Motors Company, Ishmail Sesay, Milton Jackson, Thomas Hicks, Amy Smith, Paul Glantz, Diane Berry, Brenda Styles, Kahlie M Hoffman, Michael Graciano, William Ross, Thomas Stafford, Brittany Tedder, Patricia Towne, Rachel Blankenbaker, Lisa Teicher, Dennis R. Ward, Tammie Balls, Pamela Maas, Camlan Inc., Peggy Robinson, Beth Sweeney, Silas Walton, David Fritze, Timothy A Davis, Jr., Gloria Williams, Sam Funk, Emily Stidham, Cathy Martin, Dawn Orona, Linda Shaffer, Brandy Pinegar, Charles O'Neill, Gene Reagan, Tara Williams Hooper, Darlene E. Robinett, Carlton Moore, Jody Hayes, Cynthia Lard, Rhonda Haskins, Travarion B Brown, Marissa Vela, William Mounts, Jeanne Jones Ball, Patricia Barker, Larry G Bender, Martha A. Wells, George Mathis, Daniel Ratzlaff, James D McDonnell, Jekerrius Williams, Lorraine De Vargas, Wanda Bradley, Deerena Ewing, Cindy Davis, George Chambers, Barbara Hill, Bryan Bastidas, Robert Huff, Rebecca Mathison, Mary Dias, Richard Leger, Nicole Heuler, Elizabeth Klukaczynski, Janay Horne, Lorie Biggs, Marty F. Wilson, Danny Vinson, Robin Deluco, Wanda Garza, Katherine Taylor, Fictitious Defendant "A", Amy Miller, Gertrude Barnes, Michael Garcia, Randi Spangler, Glynn Brent, Joshua Landrigan, Amanda Hannah, Misty Downes, Jennifer Clark, Aaron Groves, Bernadette Romert, Geraldine Miller, Steven Groman, Mary Greene, Dawn Garrett, Thomas J. Carta, Miranda Rodriguez, Mel Cohen, Heather Markwell, Alphonso Wright, Wendy Kosovec, Candice Brown, Mariah I. Fish, Merry B. Sigmon, Patricia Smith, Patricia Backus, Gabriel Dor, Kachet Pierre, Michael Rude, Daniel Dean, Martin Ponce, Maria Elena Santiago, Michael Owens, Michelle Wade, Patricia Martin, Maurice Adams, Michael Smith, The Estate of Tiffany Sumners, James J. McDonnell, Lacey Ditcharo, Brittany Childre, Kenneth W. Mangiapane, Michelangelo De Ieso, Angelina Copado, Pamela Caporale, Barbara Gray, Tommy Tyson, Arlene Rev
March 11, 2015	Filing 96 ORDER NO. 38 [Regarding Preservation and Accessibility of Documents and Electronic Data]: Based on the agreement of the Parties, and for good cause shown, the Court enters this Order to address the scope of accessibility and preservation of Documents and Electronic Data in this matter. This Order supersedes the preservation provisions set forth in Order No. 1. See Order No. 1, XII. This Order does not, however, supersede Order No. 11 or the orders entered by the Court with respect to the preservation of tangible things. See, e.g., 14-MD-2543 Docket Nos. 238, 279, 344, 403. It is anticipated that additional orders may be entered with respect to other specified Documents, Electronic Data, and tangible things, which orders will supersede this Order to the extent they conflict with this Order. (Signed by Judge Jesse M. Furman on 3/11/2015) (tn)
March 3, 2015	Filing 95 ORDER NO. 37 [Regarding Plaintiffs' Request to Compel Production of Unredacted Documents and To Amend Order No. 10] re: (600 in 1:14-md-02543-JMF) Brief filed by GM Ignition Switch MDL Plaintiffs, (601 in 1:14-md-02543-JMF) Brief filed by GM Ignition Switch MDL Plaintiffs: that Plaintiffs' request to compel production of unredacted versions of GM Board of Directors-related documents is DENIED as premature. The parties are directed to discuss, in good faith, their disputes regarding the redacted documents, and - if such a process is unsuccessful in resolving all of the disputes - are further directed to meet and confer regarding a process for submitting the challenged documents (or a representative subset thereof) for in camera review by the Court. Plaintiffs' request to amend Order No. 10, it is GRANTED to the limited extent that the Order appears to authorize redaction of "Highly Confidential Information" that is otherwise relevant and not independently protected from disclosure by one of the grounds listed in Paragraph 3(d). (14-MD-2543 Docket No. 294). Accordingly, the first sentence of Paragraph 3(d) of the Order is amended to state as further set forth in this order. To the extent Plaintiffs seek additional amendments to Order No. 10 - including but not limited to prohibiting all redactions of "Highly Confidential Information" - their motion is DENIED without prejudice to renewal upon good cause (based on, for example, a showing that a party is abusing and/or improperly applying the authorization to redact material). (Signed by Judge Jesse M. Furman on 3/3/2015) (tn)
February 27, 2015	Filing 94 MOTION for Daniel Fayne Dotson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10642150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Proposed Order, #2 Exhibit Certficiate of Good Standing)(Dotson, Daniel)
February 27, 2015	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #94 MOTION for Daniel Fayne Dotson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10642150. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 23, 2015	Filing 93 AGREED PRESERVATION ORDER NO. 5: This Order sets forth New GM's obligations for maintaining and preserving recalled parts covered by National Highway Traffic Safety Administration ("NHTSA") Recall Campaigns 14V-240, 14V-253, 14V-315, 14V-341 (the "Relevant Recall Campaigns"). (Signed by Judge Jesse M. Furman on 2/19/2015) (tn)
February 23, 2015	Filing 92 ORDER NO. 36 [AMENDED DEPOSITION PROTOCOL ORDER]: Although the Joint Coordination Order contains provisions relating to depositions in the MDL Proceeding and Coordinated Actions, the MDL Court directed the parties to meet and confer to develop more specific protocols. The Court has considered the parties' positions and now issues the following protocols to govern (1) all depositions in the MDL Proceeding and (2) all depositions involving common questions in the MDL Proceeding and Coordinated Actions. This Order does not address the timing of depositions, a subject that the Court has addressed in prior Orders and conferences (see, e.g., Order Nos. 14 and 25; Dec. 15, 2014 Status Conference Tr. at 63:16-21, 66:25-67:11, 67:17-18) and will address further in future Orders as appropriate, as further set forth in this order. The parties shall meet and confer to develop supplemental protocols for (a) allotting examination time to various parties or party groups and (b) determining order of examination of a witness. Unless the Court orders otherwise, the parties shall submit an agreed-upon proposed order (or orders), or competing proposed orders and supporting letter briefs not to exceed five (5) pages, no later than March 4, 2015. (Brief due by 3/4/2015.) (Signed by Judge Jesse M. Furman on 2/23/2015) (tn)
February 20, 2015	Filing 91 BRIEF Plaintiffs' Opening Brief Regarding Choice of Law. Document filed by GM Ignition Switch MDL Plaintiffs.(Cabraser, Elizabeth)
February 17, 2015	Filing 90 ORDER NO. 35 [Classification System for "Severe" and "Mild to Moderate" Personal Injury Claims]: the Court established a bellwether trial plan for eligible personal injury and wrongful death claims based on alleged defects in vehicles manufactured by General Motors LLC or General Motors Corporation. (See Order No. 25.) The bellwether trial plan consists of claims from three categories, as further set forth in this order. After conferring, the parties agreed upon a classification system for such personal injury claims. After due consideration, the Court approves and adopts the parties' proposed classification of claims. For the bellwether trial plan for personal injury and wrongful death cases, a claim involving any of the following types of injuries shall be eligible for inclusion in Category 2: skeletal or bone fracture requiring surgery; spinal injury requiring surgery; traumatic brain injury resulting in a Glasgow Coma Scale score of 12 or lower; limb amputation; cut or laceration resulting in permanent and significant scars or disfigurement; second or third degree burns on more than 10 percent of the body; paraplegia; quadriplegia; blindness or vision impairment lasting for one week or more; brachial plexus injury; or nerve damage or other medically diagnosed injury that (a) prevents the injured person from performing substantially all of the material acts that constitute such person's usual and customary daily activities, or (b) results in the loss or limitation of a body function or system. A claim involving an injury other than one listed in Paragraph 3 shall be eligible for inclusion in Category 3. (Signed by Judge Jesse M. Furman on 2/17/2015) (tn)
February 6, 2015	Filing 89 ORDER NO. 34 [Regarding the Bellwether Plan's Type of Alleged Defects and Categorization of Claims]: that ignition-switch related claims involving accidents occurring on or after July 11, 2009 in the following vehicles will be within the scope of the bellwether trial plan memorialized by Order No. 25: 1. Chevrolet Cobalt (MY 2005-2007); 2. Pontiac G5 (MY 2007); 3. Saturn Ion (MY 2003-2007); 4. Pontiac Solstice (MY 2006-2007); 5. Chevrolet HHR (MY 2006-2007); and 6. Saturn Sky (MY 2007). The pool of eligible cases will consist of claims from the following categories: 1. Category 1: Wrongful death claims involving Production Part Vehicles with airbag non-deployment. 2. Category 2: Severe personal injury claims involving Production Part Vehicles with airbag non-deployment; 3. Category 3: Mild to moderate personal injury claims involving Production Part Vehicles with airbag non-deployment. The parties shall meet and confer regarding the classification system for distinguishing between "severe" and "mild to moderate" personal injury claims, and to submit a joint proposed order no later than February 13, 2015. Additionally, the parties are directed to meet and confer as to whether (and, if so, when) the bellwether trial plan should be expanded to encompass other vehicle models and claims represented in the MDL, and to raise the issue with the Court via a pre-conference proposed agenda at the appropriate time. (Signed by Judge Jesse M. Furman on 2/6/2015) (tn)
January 26, 2015	Filing 88 ORDER NO. 33 [Regarding the January 20, 2015 Status Conference]: that the Status Conference previously scheduled for February 11, 2015 has been CANCELED. Status Conference set for 3/13/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 4/8/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The parties should be prepared to address at the March 13, 2015 Status Conference whether additional Status Conferences should continue to be scheduled on a monthly basis (as opposed to every six weeks, two months, or some other schedule). Pursuant to Order No. 32 46, the parties shall propose supplemental deposition protocols by submitting an agreed-upon proposed order (or orders), or competing proposed orders and supporting letter briefs not to exceed five (5) pages, no later than March 4, 2015. The parties should submit an agreed upon order regarding the preservation of and inaccessibility of documents by March 6, 2015. The parties should submit an agreed upon common benefit assessment order by February 27, 2015. Defendants and Lead Counsel should each file consolidated responses to the Bledsoe, Elliott, and Sesay plaintiffs' motion to reconsider and/or objections to Order No. 29 (see 14-MD-2543 Docket Nos. 499, 502, 503, 506) by January 29, 2015, and the Bledsoe, Elliott, and Sesay plaintiffs shall file a consolidated reply, if any, by February 5, 2015. (The Court previously set earlier deadlines, but is extending the deadlines in light of the inclement weather.) (Brief due by 3/4/2015. Responses due by 1/29/2015. Replies due by 2/5/2015.) (Signed by Judge Jesse M. Furman on 1/26/2015) (tn)
January 16, 2015	Filing 87 MEMO ENDORSEMENT on re: (532 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the January 20, 2015 status conference. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 1/16/2015) (tn)
January 15, 2015	Filing 86 OPINION AND ORDER: For the foregoing reasons, the Court agrees with New GM that the Interview Materials are protected by both the attorney-client privilege and the attorney work product doctrine. The Court acknowledges that that ruling deprives Plaintiffs of material that might be helpful in the preparation of their cases. In reality, however, it "puts [Plaintiffs] in no worse position than if the communications had never taken place," Upjohn, 449 U.S. at 395, as Plaintiffs themselves are free to question the witnesses who were interviewed by the Valukas team. Moreover, in the memorable words of Justice Robert Jackson, "[d]iscovery was hardly intended to enable a learned profession to perform its functions... on wits borrowed from the adversary." Hickman, 329 U.S. at 516 (Jackson, J., concurring). And, in the final analysis, the cost of withholding the materials is outweighed by the benefits to society of "encourag[ing] 'full and frank communication between attorneys and their clients and thereby promot[ing] broader public interests in the observance of law and the administration of justice.'" Swidler & Berlin v. United States, 524 U.S. 399, 403 (1998) (quoting Upjohn, 449 U.S. at 389). Accordingly, and for the reasons explained above, Plaintiffs' application to compel disclosure of the Interview Materials and other items is DENIED, except that New GM is ordered to disclose, within two weeks, the names of all witnesses who were interviewed by Valukas and his colleagues but not mentioned by name in the Valukas Report itself. (Signed by Judge Jesse M. Furman on 1/15/2015) As per chambers, filed in all Member Cases: 1:14-md-02543-JMF et al., and 14mc2543. (tn)
January 14, 2015	Filing 85 ORDER NO. 31 [Regarding the Phase Two Discovery Plan]: that discovery in Phase Two shall proceed as further set forth in this order. New GM shall begin a rolling production of Phase Two Discovery Documents by June 5, 2015, and the parties shall substantially complete their Phase Two productions by October 30, 2015. In accordance with Order No. 30, except as otherwise set forth herein, Phase Two Discovery will begin on Tuesday, May 5, 2015, and will be substantially completed by October 30, 2015. (Signed by Judge Jesse M. Furman on 1/14/2015) (tn)
December 19, 2014	Filing 84 ORDER NO. 30 [Regarding the December 15, 2014 Status Conference]: The Court, having held a Status Conference on December 15, 2014, and having given Lead Counsel for Plaintiffs ("Lead Counsel") and counsel for Defendants an opportunity to be heard on issues addressed in the agenda items set forth in the Court's December 11, 2014 Memo Endorsement (14-MD-2543, Docket No. 471), issues this Order to memorialize the actions taken and rulings made at the Status Conference, as further set forth. By Wednesday, December 31, 2014 at 12:00 p.m. EST, the parties should submit a joint letter (not to exceed five single-spaced pages) identifying the plaintiffs and the states at issue in the choice-of-law briefing. Lead Counsel and New GM should submit simultaneous opening briefs (not to exceed 40 double-spaced pages) by Friday, February 20, 2015, with simultaneous response briefs (not to exceed 30 double-spaced pages) by Monday, March 23, 2015. Phased discovery in this MDL shall be sequential. Phase II discovery will begin on Tuesday, May 5, 2015, and should "build on" what is learned in Phase I. The parties are to submit an agreed upon proposed order governing the Phase II discovery schedule by Monday, January 5, 2015. The parties are to submit an agreed upon proposed deposition protocol order by no later than Thursday, January 9, 2015.Status Conference set for 1/20/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 2/11/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 3/13/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 4/8/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/19/2014) (tn)
December 19, 2014	Set/Reset Deadlines: Brief due by 2/20/2015. Responses to Brief due by 3/23/2015. (tn)
December 18, 2014	Filing 83 ORDER NO. 29 [Order Regarding the Effect of the Consolidated Complaints]: that any economic loss allegations, claims, and defendant(s) not included in the Consolidated Complaints are hereby dismissed without prejudice (1) upon the effective date of this Order for complaints already transferred to or filed in MDL 2543, and (2) 60 days following the date of transfer or filing for complaints that are transferred to or filed in MDL 2543 after the date of this Order but prior to June 4, 2015. For any claims dismissed pursuant to the preceding sentence, the statute of limitations shall be tolled from the date of dismissal to June 4, 2015. If any plaintiff whose claims are dismissed pursuant to this paragraph objects to dismissal of his or her allegations, claims, or any defendant(s) not named in the Consolidated Complaints, then such plaintiff may seek leave with the Court to reinstate his or her allegations or claims or the addition of such dismissed defendant(s) upon a showing of good cause within 14 days of the dismissal without prejudice. No motion or responsive pleading to any claims reinstated by the Court shall be due unless and until ordered by the Court, and as further set forth in this order. A list of the complaints to be dismissed without prejudice by the terms of this Order is attached hereto as Exhibit A. (Signed by Judge Jesse M. Furman on 12/18/2014) (tn)
December 12, 2014	Filing 82 ORDER NO. 28 [Regarding Whether To Defer Briefing on Plaintiffs' Post-Sale Consolidated Complaint Until After the Bankruptcy Court Decides the Pending Motions To Enforce]: Upon review of the parties' briefs (14-MD-2543 Docket Nos. 439-40 and 467-68), the Court concludes, with one possible exception, that all such briefing should be deferred until after Judge Gerber's decisions, substantially for the reasons provided by New GM in its memoranda of law. The one possible exception is whether the Court should order briefing now on choice-of-law issues relating solely to claims brought by the nine sets of plaintiffs from seven states that - by New GM's own admission "allege vehicles that were definitely manufactured by New GM." (14-MD-2543 Docket No. 439, at 5). The parties should confer on whether such limited briefing should proceed now (and on a proposed schedule for any such briefing, unless the schedule proposed by the parties in their joint letter of December 2, 2014 (14-MD-2543 Docket No. 445) would suffice) and be prepared to address the issue at the December 15, 2014 status conference. (Signed by Judge Jesse M. Furman on 12/12/2014) (tn)
December 12, 2014	Filing 81 MEMO ENDORSEMENT on re: (470 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: The Court will disregard the two attachments. The parties should refrain from including attachments with future agenda letters. If additional briefing is necessary, the parties should make an appropriate proposal after conferring with one another. The Clerk of Court is directed to docket this in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 12/11/2014) (tn)
December 11, 2014	Filing 80 MEMO ENDORSEMENT on (Doc. No. 469 in 14-MD-2543) LETTER dated December 11, 2014 re: Tentative Agenda Letter for December Status Conference: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the December 15, 2014 status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference (unless counsel believe and indicate at the conference that it would be more productive to address them at a later conference after counsel have had more time to confer): (1) assuming the Court does not set a comprehensive schedule for economic loss bellwether trials, whether it should set any preliminary deadlines, including but not limited to a deadline for the submission by plaintiffs of the Plaintiff Fact Sheets previously approved by the Court; (2) whether expert discovery (reports and/or depositions) should be divided or organized into (a) generic experts (applicable to all or most cases) and (b) case-specific experts (specific to individual cases, such as medical experts with respect to a particular plaintiff); and (3) the coordination issues raised by New GM's letters of December 4, 2014 (Docket No. 447) and December 5, 2014 (Docket No. 457). The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 12/11/2014) (ab)
December 10, 2014	Filing 79 ENDORSED LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser and Robert C. Hilliard dated 12/9/2014 re: Lead Counsel and Counsel for New GM respectfully request an extension of the deadline to submit the joint letter setting forth the parties tentative agenda. ENDORSEMENT: The parties are granted an extension, but only until noon on Thursday December 11, 2014. Further, counsel are reminded that all requests for extensions must be made by letter motion filed on ECF, not ordinary letter.(Signed by Judge Jesse M. Furman on 12/9/2014) (djc)
December 1, 2014	Filing 78 ORDER NO. 27 -- Regarding the Parties' Joint Management of the Official MDL 2543 Website: The parties (specifically, Plaintiffs' Lead Counsel and counsel for General Motors LLC ("New GM")) have met and conferred regarding the content of the proposed official MDL website, gmignitionmdl.com. All objections have been resolved. The parties further agree and this order authorizes and directs them to jointly administer the site, and will add content on a weekly basis to keep the website current, including the Court's orders, hearing transcripts, important pleadings, and other informational and neutral content. The parties will coordinate on and jointly agree as to any and all website content and will bring any unresolved issues to the Court for decision. The website in its current form meets with the Court's approval and shall serve as the official website for MDL No. 2543, except that the reference and links to the Court's "Rules and Related Documents" found in the Court Documents menu under Court Rules shall be replaced with the following sentence hyperlinking the Court's website (http://nysd.uscourts.gov/judge/Furman): "Judge Furman's Individual Rules and Practices can be read here." (Signed by Judge Jesse M. Furman on 12/1/2014) (ab)
November 25, 2014	Filing 77 ORDER NO. 26 -- ORDER REGARDING THE PRODUCTION OF PERSONNEL FILES BY GENERAL MOTORS LLC: The rules set forth within shall govern the production of personnel files and related documents by General Motors LLC in the MDL Proceeding, and any Coordinated Action. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 11/25/2014) (ab)
November 21, 2014	Filing 76 MEMO ENDORSEMENT on re: (425 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: The parties shall file their letter briefs on the disputed issue no later than 2 p.m. EST on November 24, 2014. SO ORDERED. (Brief due by 11/24/2014.) (Signed by Judge Jesse M. Furman on 11/21/2014) (tn)
November 19, 2014	Filing 75 ORDER NO. 25 -- Regarding the Selection of Personal Injury and Wrongful Death Bellwether Cases and Early Trial Scheduling. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 11/19/2014) (ab)
November 17, 2014	Filing 74 ORDER NO. 24: Upon review of the parties' supplemental submissions concerning their disputes over the Plaintiff Fact Sheet ("PFS") to be used for personal injury and wrongful death plaintiffs (Docket Nos. 408 & 409), it is hereby ORDERED that the PFS shall include all of the questions proposed by Defendants and set forth in Exhibit A to their letter of November 14, 2014, except for Questions 22, 23, 42(b), 42(d), 44, 51, 58, and 61. In addition, Question 26 shall be limited to the "past ten (10) years" and Question 42(f) shall be limited to the driver of the Subject Vehicle. The parties shall revise the PFS in light of the foregoing and submit a final version to the Court (along with final versions of the two PFSs for economic loss plaintiffs) with their supplemental submission concerning the proposed bellwether order due by tomorrow at 5 p.m. (Counsel should carefully proofread the PFSs before resubmitting them, as the current versions contain various errors. See, e.g., Defendants' version Questions 42(h), 42(k), 42(w), RFP No. 11 (missing or erroneous punctuation); Defendants' version Question 43 ("question 48(a)-(x)" should be "question 42(a)-(x)"); Plaintiffs' version Question 42 ("(3)" should be "(10).") (Signed by Judge Jesse M. Furman on 11/17/2014) (ab)
November 14, 2014	Filing 73 MEMO ENDORSEMENT on re: (397 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: The Court, having conferred with Judge Tanksley, approves of the parties' agreement and proposals for resolution of the unresolved issues, except that the production of documents listed on the logs shall be completed no later than February 27, 2015, to ensure that any disputes can be resolved in a timely fashion. Entry of the 502(d) Order indicates no view and has no bearing on whether or to what extent the unresolved disputes should be decided by this Court as opposed to Judge Tanksley or any other court - the issue to be addressed in the parties' briefing to be submitted by December 10, 2014. The Clerk of Court is directed to docket this endorsed letter in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 11/14/2014) (tn)
November 14, 2014	Filing 72 MEMO ENDORSEMENT on re: (400 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: In light of the objection, the Court will refrain from any direct communication with Mr. Feinberg about the subject matter of the litigation. If circumstances change at any point and there is no longer an objection, the parties shall jointly advise the Court. (Signed by Judge Jesse M. Furman on 11/14/2014) (tn)
November 14, 2014	Filing 71 ORDER NO. 23 - Protecting Privileged Materials Under Federal Rule of Evidence 502(d): IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Produced Documents, including the substance and the content thereof, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order" or "Order"), as set forth below. Unless otherwise stated in this Order, the Produced Documents, including the substance and content thereof, are also subject to the terms of MDL Order No. 10 (14-MD-2543 Docket No. 294) that was entered by the Court on September 10, 2014. The purpose of this Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 11/14/2014) (ab)
November 14, 2014	Filing 70 AGREED PRESERVATION ORDER NO. 4: General Motors LLC and Plaintiffs, through Lead Counsel, jointly submit this Order for approval and entry by the Court. This Order sets forth New GM's obligations for maintaining and preserving recalled parts covered by National Highway Traffic Safety Administration Recall Campaigns 14V-116 and 14V-446, as well as two other fields actions, New GM Bulletin No. 13434 (customer satisfaction), and New GM Bulletin No. 14096 (emissions). (SEE ORDER.) (Signed by Judge Jesse M. Furman on 11/13/2014) (ab)
November 14, 2014	Set/Reset Deadlines: Brief due by 11/25/2014. Responses to Brief due by 12/10/2014. (tn)
November 13, 2014	Filing 69 ORDER NO. 22 - Regarding the November 6, 2014 Status Conference: The Court, having held a Status Conference on November 6, 2014, and having given Lead Counsel for Plaintiffs ("Lead Counsel") and counsel for Defendants an opportunity to be heard on the agenda items set forth in the Court's November 3, 2014 Memo Endorsement (14-MD-2543, Docket No. 381), issues this Order to memorialize the actions taken and rulings made at the Status Conference. (SEE ORDER>) The Court will conduct additional status conferences on December 15, 2014; January 9,2015; February 11, 2015; March 13, 2015; and April 8, 2015. (The Court notes that the February conference date is different from the date of February 13, 2015 initially set by the Court at the November 6th conference.) Unless the Court indicates or orders otherwise, all Status Conferences will begin at 9:30 a.m. and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (Signed by Judge Jesse M. Furman on 11/13/2014) (ab)
November 6, 2014	Filing 68 ORDER NO. 21: After conferring with Judge Tanksley following today's Status Conference, this Court and the Melton II Court agree to the parties' proposal to meet and confer to discuss the issues raised by the recent motions to compel in Melton II. Lead Counsel for Plaintiffs and counsel for New GM are directed to submit to both Courts, no later than 5 p.m. on Wednesday, November 12, a joint letter indicating whether, or to what extent, the issues raised by the motions to compel have been resolved and, to the extent they have not been fully resolved, proposing an expedited briefing schedule to address both the substantive merits of any remaining disputes and whether and how the two courts should coordinate rulings on those disputes. Counsel for GM is further ordered to serve a copy of this order on King & Spalding. (Signed by Judge Jesse M. Furman on 11/6/2014) (ab)
November 5, 2014	Filing 67 LETTER addressed to Judge Jesse M. Furman from Robert Hilliard, Steve Berman, Elizabeth Cabraser dated November 5, 2014 re: Chart of Personal Injury and Wrongful Death cases. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit Chart of Personal Injury and Wrongful Death cases)(Hilliard, Robert)
November 3, 2014	Filing 66 ORDER NO. 20 [Regarding the Phase One Discovery Plan]: that discovery in Phase One shall proceed as further set forth in this order. (Signed by Judge Jesse M. Furman on 11/3/2014) (tn)
November 3, 2014	Filing 65 MEMO ENDORSEMENT on re: (376 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the November 6, 2014 status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference (unless counsel believe and indicate at the conference that it would be more productive to address them at a later conference after counsel have had more time to confer): (1) the effect of the consolidated class action complaints on the underlying economic loss complaints --- namely, whether and to what extent the consolidated class action complaints should be treated as the operative pleadings superseding any prior individual complaints or as an "administrative summary." See generally In re Refrigerant Compressors Antitrust Litig., 731 F.3d 586 (6th Cir. 2013); (2) whether there are better (i.e., cheaper and more efficient) alternatives to holding bellwether trials, including but not limited to early neutral evaluation of individual cases and/or "summary" trials; (3) whether the Court should adopt some sort of process to audit and/or review plaintiffs' counsels' fee records on a regular basis, perhaps with the assistance of a certified public accountant; (4) the status of discussions regarding cost sharing by non-MDL counsel, including the appropriateness (and size) of assessments for cases that settle having used MDL resources; (5) whether and to what extent a distinction should be drawn between class certification discovery and merits discovery; (6) the timing of class certification motion practice and/or motion practice on choice-of-law issues; and (7) the status of the "Feinberg Protocol." In addition, the parties should be prepared for brief oral argument (5-10 minutes per side) on the motion to remand in People of the State of California v. General Motors LLC, 14-CV-7787 (JMF). The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 11/3/2014) (tn)
November 3, 2014	Filing 64 MEMO ENDORSEMENT on re: (375 in 1:14-md-02543-JMF) Letter, filed by General Motors LLC. ENDORSEMENT: To assist the Court in resolving the parties' dispute over which cases should be included in the pool from which cases are selected for bellwether trials, Lead Counsel and counsel for New GM are directed to confer and submit, no later than November 5, 2014, a chart with four columns labeled (1) NHTSA Recall Number; (2) Defect(s); (3) Type and Number of Vehicle(s); and (4) Number of Plaintiffs, and the relevant up-to-date data. (The data should be subdivided as appropriate -- e.g., the Court should be able to determine how many Plaintiffs there are per vehicle type and defect, even where a recall covered more than one vehicle and/or defect.) If the relevant data is available without unreasonable effort, the parties should include an additional column indicating the number of cases in each category for which the EDR and vehicle are no longer available versus the number of cases in each category for which the EDR and/or the vehicle are available. The Clerk of Court is directed to file this endorsed letter in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 11/3/2014) (tn)
October 15, 2014	Filing 63 ORDER NO. 19 -- Regarding Telephonic Access to Court Conferences: The Court has arranged for the use of CourtCall, an independent conference call company, to enable counsel and any interested parties (including members of the press) to listen to future conferences in this multidistrict litigation. In order to use CourtCall to listen to a conference, a party must call CourtCall's reservation desk at (866) 582-6878 no later than 4:00 p.m. Eastern Time one business day prior to each conference date. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 10/15/2014) (ab)
October 15, 2014	Filing 62 CERTIFICATE OF SERVICE of Consolidated Complaint served on Defendants on 10-14-14. Document filed by GM Ignition Switch MDL Plaintiffs. (Cabraser, Elizabeth)
October 14, 2014	Filing 61 AMENDED COMPLAINT amending #60 Amended Complaint against GM Ignition Switch MDL Defendants with JURY DEMAND.Document filed by GM Ignition Switch MDL Plaintiffs. Related document: #60 Amended Complaint filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Supplement, #2 Supplement)(Cabraser, Elizabeth)
October 14, 2014	Filing 60 AMENDED COMPLAINT against GM Ignition Switch MDL Defendants.Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit 1 (Koppelman Venue Declaration), #2 Certificate of Service)(Berman, Steve)
October 14, 2014	Filing 59 AGREED PRESERVATION ORDER NO. 3: that this Order sets forth New GM's obligations for maintaining and preserving recalled parts covered by National Highway Traffic Safety Administration ("NHTSA") Recall Campaign 14V-151 (the "Relevant Recall Campaign"), as further set forth in this order. (Signed by Judge Jesse M. Furman on 10/14/2014) (tn)
October 14, 2014	Filing 58 ORDER re: 56 MOTION to Remand to State Court (This document relates to The People of the State of California v. General Motors LLC, Case No. 1:14-cv-07787) filed by GM Ignition Switch MDL Plaintiffs, 57 Memorandum of Law in Support of Motion, filed by GM Ignition Switch MDL Plaintiffs: Accordingly, Plaintiff is directed to file its motion to remand in 14-CV-7787. Additionally, the Clerk of Court is directed to strike Plaintiff's Motion to Remand to State Court and the accompanying Memorandum of Law (Docket Nos. 56 and 57) from 14-MC-2543. (Signed by Judge Jesse M. Furman on 10/14/2014) (tn) Modified on 10/14/2014 (tn).
October 9, 2014	***STRICKEN DOCUMENT. Deleted document number 57 from the case record. The document was stricken from this case pursuant to #58 Order. (tn)
October 9, 2014	***STRICKEN DOCUMENT. Deleted document number 56 from the case record. The document was stricken from this case pursuant to #58 Order. (tn)
October 7, 2014	Filing 55 MEMO ENDORSEMENT on (332 in case number 14md2543) Letter filed by General Motors LLC LETTER addressed to Judge Jesse M. Furman dated October 7, 2014 re: Discovery of Ongoing Safety Issues. ENDORSEMENT: The Court commends counsel for working together to resolve these issues. In light of the foregoing, which is hereby adopted as an Order of the Court, the Court reserves judgment on the legal issues addressed in the parties' earlier briefing. The parties should continue to confer and advise the Court if or when Court intervention is required on these matters. (Signed by Judge Jesse M. Furman on 10/7/2014) (ab)
October 7, 2014	Filing 54 ORDER NO 18 -- Regarding the October 2, 2014 Status Conference: The Court, having held a Status Conference on October 2, 2014, and having given Lead Counsel for Plaintiffs ("Lead Counsel") and counsel for Defendants an opportunity to be heard on issues addressed in the agenda items set forth in the Court's September 30, 2014 Memo Endorsement (14-MD-2543, Docket No. 325), issues this Order to memorialize the actions taken and rulings made at the Status Conference. (Signed by Judge Jesse M. Furman on 10/7/2014) (ab)
September 30, 2014	Filing 53 MEMO ENDORSEMENT on re: (320 in case number 14md2543) Letter. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the October 2, 2014 status conference. In addition, counsel should be prepared to address: (1) Plaintiffs' request for discovery regarding ongoing safety issues, which is now fully briefed; and (2) whether there is a need for supplemental briefing with respect to the impact of Second Circuit law on the Motion to Remand filed by Plaintiff in California v. General Motors LLC, 14-CV-7787 (JMF), and, if so, an appropriate schedule for such briefing. (Signed by Judge Jesse M. Furman on 9/30/2014) (tn)
September 29, 2014	Filing 52 ORDER NO. 17 -- Vehicle Inspection Protocol: IT IS HEREBY ORDERED that this Vehicle Inspection Protocol ("Protocol") shall govern Defendants' inspection of any and all vehicles at issue in this litigation, as defined in the Consolidated Amended Class Action Complaint ("Complaint"), owned or leased by any named Plaintiff in this action as of the date of this Protocol (the "Subject Vehicles"). Notwithstanding the foregoing, nothing in this Order is intended to address, affect, or otherwise prohibit any authorized New GM dealership from performing any inspections and/or repairs in the ordinary course pursuant to an announced recall or any maintenance and/or repairs performed at the request of named Plaintiffs. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/29/2014) (ab)
September 29, 2014	Filing 51 JOINT LETTER addressed to Judge Jesse M. Furman from Elizabeth Cabraser, et al. dated September 29, 2014 re: October 2, 2014 Status Conference Agenda. Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs.(Cabraser, Elizabeth)
September 24, 2014	Filing 50 ORDER NO 16. -- Regarding Order No. 15, the Coordination Order: In Section V of Order No. 8 (14-MD-2543, Docket No. 249), and Section IX of Order No. 12 (14-MD-2543, Docket No. 296), the Court directed the parties to confer and submit letter briefs regarding what, if any, steps the Court should take, including any orders the Court should enter, to promote coordination with related actions in other courts. Thereafter, the parties submitted proposed orders and letters briefs for the Court's consideration. (14-MD-2543, Docket Nos. 299, 300, 302)...The parties are directed to confer with respect to the need, if any, to enter a separate order governing coordination in those cases, and should be prepared to discuss that question at the October 2, 2014 status conference. If the parties believe that a separate order should be entered beyond this Order, they should submit a proposed order (or orders) in accordance with the procedures set forth in Section VII of Order No. 8. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/24/2014) (ab)
September 24, 2014	Filing 49 ORDER NO. 15 -- Joint Coordination Order: IT IS ORDERED that the parties are to work together to coordinate discovery to the maximum extent feasible in order to avoid duplication of effort and to promote the efficient and speedy resolution of the MDL Proceeding and the Coordinated Actions and, to that end, the procedures set forth within for discovery and pretrial proceedings shall be adopted. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/24/2014) (ab)
September 19, 2014	Filing 48 ORDER NO. 14 - Regarding Discovery and New GM's Proposed Gatekeeping Order: For the reasons set forth within, New GM's request is DENIED without prejudice to renewal after (1) the Court adopts a coordination order; and (2) New GM confers with Lead Counsel and Mr. Cooper. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/19/2014) (ab)
September 16, 2014	Filing 47 ORDER NO. 13 - Organization of Plaintiffs' Counsel, Protocols for Common Benefit Work and Expenses: The Court believes that it is prudent to define the authority, duties, and responsibilities of Lead Counsel, Plaintiff Liaison Counsel, Federal/State Liaison Counsel, and members of the Plaintiffs' Executive Committee. The Court also wishes to set specific guidelines and rules for staffing, fees, expenses, and billing records. Nothing in this Order shall be interpreted to affect any proceedings other than those involving the authorities, duties, responsibilities, guidelines, and rules of and for plaintiffs counsel, as discussed herein. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/16/2014) (ab)
September 10, 2014	Filing 46 ORDER NO. 12 [Regarding the September 4, 2014 Status Conference]: By October 2, 2014, General Motors LLC and Delphi Automotive Systems, LLC shall produce copies of the relevant, non-privileged (including non-work product) documents as further set forth in this order. If either New GM and/or Delphi cannot complete the production as required above, they may seek an extension for good cause shown by filing a letter motion on ECF (not to exceed five single-spaced pages) by September 25, 2014. By Friday, September 12, 2014, at 12:00 p.m. EDT, Lead Counsel and counsel for New GM (in consultation with the other Defendants) shall submit letter briefs to the Court (not to exceed seven single-spaced pages) regarding what, if any, steps the Court should take, including any orders the Court should enter, with respect to the lawyers in the Melton case or any other related litigation and any further arguments regarding the parties' proposed coordination orders. Counsel for Defendants shall review Lead Counsel's Proposed Order Specifying Leadership Counsel Roles and Detailed Staffing, Fees, and Expense Guidelines and meet and confer with Lead Counsel regarding any issues. The parties will submit an agreed-upon Proposed Order no later than Friday, September 12, 2014, at 12:00 p.m. EDT. The Court hereby orders that Defendants should raise any issues with Lead Counsel's proposed order by Friday, September 12, 2014. The Court requests the parties to consider whether it makes sense to add common benefit work guidelines for related litigation. The Court will conduct additional Status Conferences on the following dates: October 2, 2014; November 6, 2014; December 15, 2014; January 9, 2015. The Court will schedule Status Conferences at least once every two months or so thereafter and additional Status Conferences as needed. Unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m., and will be held in Courtroom 1105 of Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Counsel shall advise the Court if a larger courtroom is necessary. Unless the Court orders otherwise, Lead and/or Liaison should set up a conference call number before each conference according to the guidelines set forth in Order Number 9 (14-MD-2543, Docket No. 266). (Signed by Judge Jesse M. Furman on 9/10/2014) (tn)
September 10, 2014	Filing 45 ORDER NO. 11 [Regarding Production of Documents and Electronic Data]: that Defendants and Lead Counsel for the Plaintiffs have met and conferred on the procedures and format relating to the production of documents and things, and having agreed on a format for all such productions as further set forth in this order. (Signed by Judge Jesse M. Furman on 9/10/2014) (tn)
September 10, 2014	Filing 44 ORDER NO. 10 [Protecting Confidentiality and Privileged Materials]...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jesse M. Furman on 9/10/2014) (tn)
September 10, 2014	Set/Reset Hearings: Status Conference set for 10/2/2014 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 11/6/2014 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 12/15/2014 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 1/9/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (tn)
September 3, 2014	Filing 43 MEMO ENDORSEMENT on #40 Letter filed by General Motors LLC dated 8/29/2014 re: Parties' Proposed Agenda for September 4, 2014 Status Conference: The Court thanks counsel for this letter and their other helpful submissions pursuant to Order No. 8. Additionally, the Court commends counsel for working together to resolve and/or narrow issues and disputes to the extent possible. The Court will follow this proposed agenda at the conference to be held tomorrow. To the extent that counsel are conferring with respect to the language of a proposed order, but have not submitted a proposed order by the time of the conference (see, e.g., Sections 2, 8, and 10 of this letter), counsel should be prepared to update the Court on the anticipated timing of the proposed order and on any disagreements among the parties. In addition, counsel should confer about, and be prepared to discuss with the Court, a proposed expedited briefing schedule with respect to the items discussed in Sections 4 and 5 of this letter and the need for further briefing with respect to the item discussed in Section 11. Finally, the Court is inclined to agree that the Sesay Amended Class Action Complaint (see Section 13) should be stricken, but will give Mr. Peller an opportunity to be heard on that issue at the conference. (If Mr. Peller does not attend the conference, he may file a letter brief on the issue not to exceed 4 pages no later than September 8, 2014.) (Signed by Judge Jesse M. Furman on 9/3/2014) (ab)
September 3, 2014	Filing 42 AGREED ORDER REGARDING THE PRESERVATION OF PARTS GOVERNED BY NHTSA RECALL CAMPAIGNS 14V-118, 14V-153, 14V-224, AND 14V-266 in case 2:14-cv-02458-JMF: granting #38 Motion to Approve; granting (269) Motion to Approve in case 1:14-md-02543-JMF. 16. For good cause shown, the Court enters this Order with respect to New GM's obligations to preserve parts covered by the Relevant Recall Campaigns. This Order supersedes Order No. 1, entered on June 25, 2014, with respect to any potential obligation that New GM might have regarding preserving parts covered by the Relevant Recall Campaigns and as further set forth herein. The Clerk of Court is directed to terminate Docket No. 269 in 14-MD-2543 and Docket No. 38in 14-MC-2543. (Signed by Judge Jesse M. Furman on 9/2/2014)(djc) (djc). Modified on 9/3/2014 (djc).
August 29, 2014	Filing 41 JOINT LETTER addressed to Judge Jesse M. Furman from Richard C. Godfrey, P.C. and Andrew B. Bloomer, P.C. dated 8/29/2014 re: Parties' Proposals For Coordination With Other Actions. Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A - New GM's Proposed Coordination Order, #2 Exhibit B - Grey Market Coordination Order, #3 Exhibit C - Lead Counsel's Proposed Coordination Order, #4 Exhibit D - Redline Comparison of Proposed Coordination Orders, #5 Exhibit E - Vioxx Coordination Order, #6 Exhibit F - Texas MDL Order, #7 Exhibit G - Actos Coordination Order)(Bloomer, Andrew)
August 29, 2014	Filing 40 LETTER addressed to Judge Jesse M. Furman from Richard C. Godfrey, P.C. and Andrew B. Bloomer, P.C. dated 8/29/2014 re: Parties' Proposed Agenda for September 4, 2014 Status Conference. Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs.(Bloomer, Andrew)
August 29, 2014	Filing 39 NOTICE of Joint Motion to Approve Entry of an Agreed Order Regarding the Preservation of Parts Governed by NHTSA Recall Campaigns 14V-118, 14V-153, 14V-224, AND 14V-266 re: #38 JOINT MOTION to Approve Entry of an Agreed Order Regarding the Preservation of Parts Governed by NHTSA Recall Campaigns 14V-118, 14V-153, 14V-224, AND 14V-266 .. Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs. (Bloomer, Andrew)
August 29, 2014	Filing 38 JOINT MOTION to Approve Entry of an Agreed Order Regarding the Preservation of Parts Governed by NHTSA Recall Campaigns 14V-118, 14V-153, 14V-224, AND 14V-266 . Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Text of Proposed Order)(Bloomer, Andrew)
August 28, 2014	Filing 37 ORDER NO. 9: The Court agrees with Lead Counsel that, in the interest of minimizing costs, "only those lawyers involved" in a particular "hearing/status conference" should be required to attend that hearing or conference in this multi-district litigation. (14-MD-2543, Docket No. 258). To that end, the Court will accommodate the request to set up a means by which counsel (and members of the press) can listen to (but not participate in) in hearings and conferences. For the September 4, 2014 conference, the Court directs Lead and/or Liaison Counsel to set up a conference call number and to provide the information needed to access the call both to the Court and to any counsel or member of the press who requests it. If possible, Lead and/or Liaison Counsel shall arrange it so that all participants in the call, other than the Court, are "muted" (that is, so that they can listen to, but not participate in, the call). If such technology is not an option, anyone who calls into the conference call shall manually mute his or her call. In light of the foregoing, the September 4, 2014 conference and any future conferences, unless otherwise indicated will take place in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Signed by Judge Jesse M. Furman on 8/28/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)
August 15, 2014	Filing 36 ORDER NO 8: SEE ORDER -- Pursuant to the leadership structure approved and described by the Court in Order No. 5, the Court makes the following appointments: Co-Lead Counsel: Steve W. Berman, Elizabeth J. Cabraser, and Robert C. Hilliard. Executive Committee: David Boies, Lance A. Cooper, Melanie L. Cyganowski, Adam J. Levitt, Dianne M. Nast, Peter Prieto, Frank M. Pitre, Joseph F. Rice, Mark P. Robinson, Jr., and Marc M. Seltzer. Plaintiff Liaison Counsel: Robin L. Greenwald. Federal/State Liaison Counsel: Dawn M. Barrios. -- The Court will conduct the next Status Conference on September 4, 2014, at 9:30 a.m., in Courtroom 310 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The Court will conduct additional Status Conferences on the following dates: October 2, 2014; November 6, 2014; and January 9, 2015. The Court will schedule Status Conferences once every two months or so thereafter and additional Status Conferences as needed. Unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m., and will be held in Courtroom 1105 of Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (As noted, the September 4, 2014 Conference will be in Courtroom 310.) The Clerk of Court is directed to terminate Docket Nos. 108, 112, 116, 121-22, 125, 132, 134-36, 138-39, 141-45, 147, and 149-78 in 14-MD-2543, and any associated entries in member cases. (Signed by Judge Jesse M. Furman on 8/15/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)
August 11, 2014	Filing 35 AGREED ORDER REGARDING THE PRESERVATION OF IGNITION SWITCH PARTS GOVERNED BY NHTSA RECALL CAMPAIGN 14v-047000 granting #33 Motion to Approve. General Motors LLC ("New GM") and Plaintiffs, through Temporary Lead Counsel, jointly submit this Agreed Preservation Order for approval and entry by the Court. This Preservation Order sets forth New GM's obligations for maintaining and preserving recalled ignition switch parts covered by National Highway Traffic Safety Administration ("NHTSA") Recall Campaign 14v-047000. NHTSA Recall Campaign 14v-047000 concerns the safety recall of ignition switch parts from the following make, model, and model year vehicles; as set forth herein. For good cause shown, the Court orders the following with respect to New GM's obligations to preserve ignition switch parts covered by NHTSA Recall Campaign 14v-047000. This Order supersedes Order No. 1 with respect to New GM's obligations to preserve ignition switch parts covered by NHTSA Recall Campaign 14v-047000. New GM shall undertake reasonable efforts to assist any named plaintiff in a case that has been transferred to MDL 2543 (or pending in another venue) with preserving ignition switch parts switch parts covered by NHTSA Recall Campaign 14v-047000 that may be relevant to the plaintiff's claims. To allow New GM to do so, before a recall repair is performed, a named plaintiff (or his or her counsel) must provide both the dealership replacing the ignition switch parts and New GM with reasonable, advance notice that the plaintiff wishes to have parts preserved for purposes of litigation. New GM will then use reasonable efforts to arrange for the dealership making the repair to return the ignition switch parts to New GM for storage and preservation; as further set forth herein. The Clerk of Court is directed to terminate Docket No. 236 in 14-MD-2543 and all associated entries in member cases. (Signed by Judge Jesse M. Furman on 8/11/2014) (mro)
August 10, 2014	Filing 34 NOTICE of Filing re: #33 JOINT MOTION to Approve Entry of an Agreed Order Regarding the Preservation of Ignition Switch Parts Governed by NHTSA Recall Campaign 14v-047000 .. Document filed by GM Ignition Switch MDL Defendants. (Bloomer, Andrew)
August 10, 2014	Filing 33 JOINT MOTION to Approve Entry of an Agreed Order Regarding the Preservation of Ignition Switch Parts Governed by NHTSA Recall Campaign 14v-047000 . Document filed by GM Ignition Switch MDL Defendants. (Attachments: #1 Text of Proposed Order)(Bloomer, Andrew)
August 7, 2014	Filing 32 ORDER NO. 7: The Court thanks counsel for their helpful status letters (14-MD-2543, Docket Nos. 72-73) and joint letter regarding the agenda for the conference to be held on August 11, 2014 (14-MD-2543, Docket No. 114), which were submitted in response to Order No. 1 (14-MD-2543, Docket No. 19). Having reviewed those letters, and other submissions in the multidistrict litigation ("MDL") and member cases, the Court issues this Order (1) to share its preliminary views on some of the matters discussed in the parties' letters; and (2) to assist the parties in preparing for the August 11, 2014 conference. (SEE ORDER.) As noted in Order No. 1, the Initial Conference will be held on August 11, 2014, at 11 a.m., in Courtroom 110 at the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (Please note that this is not Judge Furmans regular courtroom.) (Signed by Judge Jesse M. Furman on 8/7/2014) (ab)
August 7, 2014	Filing 31 ORDER No. 6: In Order No. 5, the Court set out procedures for counsel to apply for various leadership positions including Plaintiffs' Lead Counsel in the multidistrict litigation (MDL) by July 28, 2014. (14-MD-2543, Docket No. 70). The Court hereby grants leave to any counsel who was not part of the MDL as of that date, and whose case or cases were added to the MDL since that date, to file an application. Counsel shall file any such application, pursuant to the guidance and procedures set forth in Section II of Order No. 5, no later than August 8, 2014, at 5 p.m. (Signed by Judge Jesse M. Furman on 8/7/2014) (ab)
July 28, 2014	Filing 30 LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated 07/28/2014 re: Initial Conference Agenda. Document filed by GM Ignition Switch MDL Defendants.(Bloomer, Andrew)
July 22, 2014	Filing 29 LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser and Mark P. Robinson dated July 21, 2014 re: Status Letter responding to categories of information requested in Order No. 1. Document filed by Michael Amezquita. (ab)
July 21, 2014	Filing 28 LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated 07/21/2014 re: Status Letter responding to categories of information requested in Order No. 1. Document filed by GM Ignition Switch MDL Defendants. (Attachments: #1 Exhibit A - MDL Cases, #2 Exhibit B - Related Cases, #3 Exhibit C - Corporate Disclosures & Associated Counsel)(Bloomer, Andrew)
July 18, 2014	Filing 27 ORDER No. 5: The Court issues this Order to adopt a structure for Plaintiffs Lead and Liaison Counsel, to establish a procedure for selecting counsel for that structure, and to mandate record-keeping requirements for any attorney who may seek an award of attorneys fees and reimbursement of costs in a class action. The Court thanks Temporary Lead Counsel for their efforts to confer with all plaintiffs counsel and to formulate a near-consensus proposal, and thanks all counsel who submitted letters on the issues for their thoughtful submissions, and as further set forth in this document. (Signed by Judge Jesse M. Furman on 7/18/2014) (cd)
July 18, 2014	** Documents Numbers 2, 21-25 were deleted per chambers instructions.** (sjo) Modified on 7/22/2014 (sjo).
July 14, 2014	Filing 26 LETTER addressed to Judge Jesse M. Furman from Richard C. Godfrey, P.C. and Andrew B. Bloomer, P.C. dated 07/14/2014 re: Lead and Liaison Counsel. Document filed by GM Ignition Switch MDL Defendants. (Attachments: #1 Exhibit A - 5/16/14 Sched Order, #2 Exhibit B - 7/11/14 Suppl Sched Order)(Bloomer, Andrew)
July 10, 2014	Filing 20 LETTER addressed to Judge Jesse M. Furman from Mark P. Robinson, Jr., Elizabeth J. Cabraser, and Steve W. Berman dated July 10, 2014 re: Order No. 3. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit [Proposed] Order)(Robinson, Mark)
July 10, 2014	Filing 19 LETTER addressed to Judge Jesse M. Furman from Alexander H. Schmidt dated July 10, 2014 re: Case Order No. 3. Document filed by Steven Groman.Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-mc-02543-JMF(Brown, Malcolm)
July 10, 2014	Filing 18 ORDER NO. 4: As explained in Section VI of the Court's June 24, 2014 Order No. 1, and again in the Court's July 3, 2014 Order No. 2, pro hac vice motions should be filed in 14-MD-2543 (and "spread" to all cases for which the attorney represents an individual plaintiff), and should not be filed in the master case file, 14-MC-2543. Any improperly filed applications will be stricken. Accordingly, the Clerk of Court is directed to strike Gregory Wiggins's Amended Motion for Admission Pro Hac Vice, Docket No. 14, from 14-MC-2534. (Signed by Judge Jesse M. Furman on 7/10/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. ***Docketed in all member/related cases pursuant to instructions from Chambers. (mro)
July 10, 2014	Filing 17 LETTER addressed to Judge Jesse M. Furman from Gregory O. Wiggins dated July 10, 2014 re: Court Order of July 8, 2014. Document filed by Diann Ashworth.Filed In Associated Cases: 1:14-md-02543-JMF et al.(Wiggins, Gregory)
July 9, 2014	***DELETED DOCUMENT. Deleted document number 16 LETTER. The document was incorrectly filed in this case. (mt)
July 9, 2014	Filing 15 RESPONSE re: (31 in 1:14-md-02543-JMF) Letter,,,,,,,,,,,,, . Document filed by Jomaka Coleman. Filed In Associated Cases: 1:14-md-02543-JMF et al.(Becnel, Daniel)
July 8, 2014	*STRICKEN DOCUMENT. Deleted document number 14 from the case record. The document was stricken from this case pursuant to #18 Order,,,. *Pursuant to instructions from Chambers, the entry has been deleted in its entirety. (mro)
July 8, 2014	Filing 13 LETTER addressed to Judge Jesse M. Furman from Aaron S. Podhurst, Esq., Peter Prieto, Esq., Harley S. Tropin, Esq., and Adam M. Moskowitz, Esq. dated July 8, 2014 re: The Methodology of Appointing the Leadership Structure in 14-MD-2543. Document filed by Reynaldo A. Espineira, Maria Elena Santiago. (Attachments: #1 Exhibit 1) (ab) *Filed as per Doc. #33 in 1:14-md-02543-JMF.
July 8, 2014	Filing 12 ORDER NO 3: SEE ORDER -- In Order No. 1, the Court appointed Temporary Lead Counsel and directed them to confer with other Plaintiffs counsel and file a letter, no later than July 7, 2014, concerning the appointment of lead and liaison counsel, among other matters. Although Order No. 1 did not call for (or even explicitly allow) letters from other Plaintiff's lawyers, the Court has received two such letters: one from plaintiff's counsel in Yingling v. General Motors, L.L.C., 3:14-CV-00116 (W.D. Pa.), which is attached to this Order; and another, representing a group of Plaintiffs law firms, that was filed earlier today. (14-MD-2543, Docket No. 32). To ensure that any and all counsel have an opportunity to be heard on these important issues, leave is hereby granted to a ny other Plaintiffs lawyer who wishes to be heard to file a letter in response to the July 7, 2014 letter from Temporary Lead Counsel. To avoid any delays given the schedule set forth in Order No. 1, any such letter must be filed in both 14-MD-2543 and 14-MC-2543 no later than July 10, 2014, at 2 p.m. and may not exceed three pages in length. Further, Temporary Lead Counsel are granted leave to submit a supplemental letter responding to the two letters that have already been submitted and any additional letters that are filed by that deadline. That letter must be filed in both 14-MD-2543 and 14-MC-2543 no later than July 11, 2014, and may not exceed three pages in length. By the same date, Temporary Lead Counsel shall submit a proposed order consistent with the proposal set forth in 07/08/2014 their July 7, 2014 letter (as modified by any new proposal that may be set forth in their supplemental letter) regarding the appointment of lead counsel, liaison counsel, and a plaintiffs' executive committee. Defendants are reminded that, if they wish to be heard on these matters (including, but not limited to, the language of any proposed order submitted by Temporary Lead Counsel), they are to file a joint letter in both 14-MD-2543 and 14-MC-2543 no later than July 14, 2014, and not to exceed five pages in length. See Order No. 1, Section IX.B. (Signed by Judge Jesse M. Furman on 7/8/2014) (Attachments: #1 Exhibit A) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)
July 7, 2014	Filing 11 LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser, and Mark P. Robinson, Jr. dated July 7, 2014 re: In Re: General Motors LLC Ignition Switch Litigation 14-MD-2543 (JMF); 14-MC-2543. Document filed by GM Ignition Switch MDL Plaintiffs.(Cabraser, Elizabeth)
July 7, 2014	Filing 10 LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated 07/07/2014 re: Direct Filing of Cases. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-mc-02543-JMF(Bloomer, Andrew)
July 3, 2014	Filing 9 ORDER NO. 2: This Order relates to the procedures that should be followed by attorneys who wish to be admitted pro hac vice in the Southern District of New York for cases that are part of the above-captioned multidistrict litigation ("MDL"). As Section V of this Court's June 24, 2014 Order No. 1 (Docket No. 19) explained, in accord with Rule 2.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, all counsel appearing in any of the actions listed in Schedule A prior to their transfer to this district need not enter a notice of appearance or submit a pro hac vice application to practice before this Court, and need not obtain local counsel. All counsel who did not appear in a related action prior to the Transfer Orders, however, must enter a notice of appearance on 14-MD-2543 and, if necessary, apply for pro hac vice status. An attorney need file only one pro hac vice motion, even if he or she is the attorney of record for several individual plaintiffs. The pro hac vice motion should be filed in the MDL (14-MD-2543), and "spread" to all cases for which the attorney represents an individual plaintiff. (As explained in Section VI of the Court's June 24, 2014 Order No. 1, pro hac vice motions should not be filed in the master case file, 14-MC-2543. Any improperly filed applications will be stricken.) The attorney shall be required to pay the pro hac vice fee only one time. If an attorney is in need of assistance, please call the Help Desk at 212-805-0800. (Signed by Judge Jesse M. Furman on 7/3/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro)
July 2, 2014	Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gregory O'Dell Wiggins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9848707. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diann Ashworth.Filed In Associated Cases: 1:14-md-02543-JMF et al.(Wiggins, Gregory) Modified on 7/2/2014 (wb).
July 2, 2014	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. (12 in 1:14-cv-04672-JMF, 13 in 1:14-cv-04859-JMF, 24 in 1:14-cv-04715-JMF, 26 in 1:14-cv-04270-JMF, 25 in 1:14-cv-04701-JMF, 8 in 1:14-cv-04857-JMF, 39 in 1:14-cv-04756-JMF, 20 in 1:14-cv-04732-JMF, 21 in 1:14-cv-04348-JMF, 24 in 1:14-md-02543-JMF, 9 in 1:14-cv-04686-JMF, 56 in 1:14-cv-04272-JMF, 22 in 1:14-cv-04702-JMF, 17 in 1:14-cv-04799-JMF, 8 in 1:14-mc-02543-JMF, 16 in 1:14-cv-04685-JMF, 21 in 1:14-cv-04741-JMF, 11 in 1:14-cv-04810-JMF, 11 in 1:14-cv-04684-JMF, 21 in 1:14-cv-04350-JMF, 26 in 1:14-cv-04265-JMF, 74 in 1:14-cv-04342-JMF, 23 in 1:14-cv-04707-JMF, 16 in 1:14-cv-04798-JMF, 17 in 1:14-cv-04771-JMF, 25 in 1:14-cv-04717-JMF, 17 in 1:14-cv-04632-JMF, 22 in 1:14-cv-04690-JMF, 21 in 1:14-cv-04338-JMF, 10 in 1:14-cv-04784-JMF, 10 in 1:14-cv-03298-JMF, 22 in 1:14-cv-04752-JMF, 25 in 1:14-cv-04630-JMF, 19 in 1:14-cv-04650-JMF, 21 in 1:14-cv-04754-JMF, 11 in 1:14-cv-04667-JMF, 14 in 2:14-cv-02713-JMF, 14 in 1:14-cv-04340-JMF, 7 in 1:14-cv-04801-JMF, 35 in 1:14-cv-04699-JMF, 13 in 1:14-cv-04768-JMF, 63 in 1:14-cv-04267-JMF, 15 in 1:14-cv-04731-JMF, 20 in 1:14-cv-04704-JMF, 7 in 1:14-cv-04760-JMF, 24 in 1:14-cv-04691-JMF, 12 in 1:14-cv-03326-JMF, 21 in 1:14-cv-04755-JMF, 29 in 1:14-cv-04346-JMF, 42 in 1:14-cv-04226-JMF, 9 in 1:14-cv-04778-JMF, 8 in 1:14-cv-04781-JMF, 12 in 1:14-cv-04661-JMF, 16 in 1:14-cv-04676-JMF, 9 in 1:14-cv-04858-JMF, 7 in 1:14-cv-04759-JMF, 11 in 1:14-cv-04637-JMF, 12 in 1:14-cv-04764-JMF, 30 in 1:14-cv-04775-JMF, 49 in 1:14-cv-04268-JMF, 49 in 1:14-cv-04339-JMF, 17 in 1:14-cv-04720-JMF, 31 in 1:14-cv-04727-JMF, 23 in 1:14-cv-04345-JMF, 20 in 1:14-cv-04738-JMF, 14 in 2:14-cv-02458-JMF) MOTION for Gregory O'Dell Wiggins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9848707. Motion and supporting papers to be reviewed by Clerk's Office staff., (5 in 1:14-cv-02714-JMF) MOTION for Robin L. Greenwald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9638071. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing must be issued from the Supreme Court of Alabama with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. Filed In Associated Cases: 1:14-md-02543-JMF et al.(wb)
June 30, 2014	Filing 7 CERTIFICATE OF SERVICE of Order No. 1 served on Additional Parties on 06/30/2014. Document filed by General Motors LLC. Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-mc-02543-JMF(Bloomer, Andrew)
June 30, 2014	Filing 6 NOTICE OF APPEARANCE by Michael Dennis Donovan on behalf of Austin DePalma. Filed In Associated Cases: 1:14-md-02543-JMF et al.(Donovan, Michael)
June 30, 2014	Filing 5 NOTICE OF APPEARANCE by Michael Dennis Donovan on behalf of GM Ignition Switch MDL Plaintiffs. (Donovan, Michael)
June 27, 2014	Filing 4 CERTIFICATE OF SERVICE of Order No. 1 served on All Parties on 06/27/2014. Document filed by General Motors LLC. Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-mc-02543-JMF(Bloomer, Andrew)
June 26, 2014	CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (sjo)
June 24, 2014	Filing 3 ORDER NO. 1: The provisions of this Order shall govern the practice and procedure in those actions: (1) transferred to this Court by the JPML pursuant to its June 9, 2014 Order; (2) all related actions involving General Motors LLP ("General Motors") and concerning actions for economic damages stemming from an alleged defect relating to the ignition switch in certain General Motors vehicles that are filed in the Southern District of New York and have previously been or will be transferred to MDL-2543; and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will send a copy of this Order to counsel for any plaintiffs or newly named defendants in any case newly filed or transferred to this Court. The civil actions listed on Schedule A are consolidated for pretrial purposes. Any "tag-along" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure. Defense counsel shall confer and advise the Court, no later than July 7, 2014, by joint letter, not to exceed three pages, whether they will stipulate that they will not object, based on improper venue, to the filing directly in the Southern District of New York of related cases that emanate from other districts and that would appropriately be included in this MDL, on the understanding that upon completion of all pretrial proceedings applicable to a case directly filed in this Court pursuant to this provision, this Court, pursuant to 28 U.S.C. 1404(a), will transfer that case to a federal district court of proper venue, as defined in 28 U.S.C. 1391, after considering the recommendations of the parties to that case. All orders, pleadings, motions, and other documents served or filed in 14-MD-2543 shall bear the caption listed herein. All papers filed in any of these cases shall be docketed on the MDL docket and on the docket of each individual case to which it pertains. In the Court's view, a master case file limited to filings of significance to the MDL as awhole or a substantial number of member cases would be advantageous. Accordingly, the Clerk of Court is directed to open a master case file bearing docket number 14-MC-2543. Any filing fees associated with opening the master case file docket are waived. The caption shall read "In re: General Motors LLC Ignition Switch Litigation." For administrative purposes only, in 14-MC-2543, Plaintiffs shall be listed as "GM Ignition Switch MDL Plaintiffs," and Defendants shall be listed as "GM Ignition Switch MDL Defendants." There will be no appearances entered unless and until the Court orders otherwise; set set forth herein. The Clerk of Court is directed to transfer Docket No. 1 (Transfer Order) from 14-MD-2543 to 14-MC-2543, to be followed by this Order (Order No. 1). This Order shall also be docketed in 14-MD-2543, and all matters consolidated therewith. This Order and all subsequent entries docketed in 14-MC-2543 are to be docketed simultaneously in 14-MD-2543. The Court will conduct an Initial Conference on August 11, 2014, at 11 a.m., in Courtroom 110 at the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Please note that this is not Judge Furman's regular courtroom.) Counsel shall check in with the Courtroom Deputy at least fifteen minutes in advance; as further set forth herein. As of today's date, all actions listed on Schedule A have not yet been transferred to this Court. Accordingly, it is hereby ORDERED that, no later than June 30, 2014, counsel for General Motors LLC shall serve this Order electronically on counsel for all parties in all such actions and file proof of such service forthwith. Counsel for General Motors is ORDERED to promptly advise the Court by letter of any ruling by the Bankruptcy Court that may affect the MDL. ( Initial Conference set for 8/11/2014 at 11:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/24/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. ***Pursuant to instructions from Chambers. (Signed by Judge Jesse M. Furman on 6/24/2014) (sjo) (sjo).
June 9, 2014	Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, Illinois, Michigan, Pennsylvania and Texas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jesse M. Furman, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A (Signed by MDL Panel on 6/9/2014) (sjo)

December 9, 2022

Filing 442 ORDER NO. 179 [Regarding Closure of the MDL]. This multidistrict litigation ("MDL") began in June 2014. See 14-MD-2543, ECF No. 1. Earlier today, the Court filed a Memorandum Opinion and Order granting summary judgment to New GM in the last remaining member case. See 14-MD-2543, ECF No. 8786. In light of that development, there is no longer a reason to keep these proceedings open. Accordingly, and with sincere thanks to all counsel for assisting the Court in steering this massive litigation to a conclusion, the Court directs the Clerk of Court (1) to close both 14-MD-2543 and 14-MC-2543; and (2) to send a copy of this Order to the Judicial Panel on Multidistrict Litigation with the suggestion that its parallel proceedings be closed too. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/9/22) (yv) Transmission to Attorney Services/Help Desk. Transmission to Office of the Clerk of Court for processing.

September 30, 2022

Filing 441 COMMON BENEFIT ORDER FUND DISBURSEMENT ORDER: NOW, THEREFORE, IT IS ORDERED that the $888,822 shall be disbursed from the Common Benefit Benefit Order Fund to Participating Counsel, as set forth in Exhibit A. The Clerk of Court is directed to terminate ECF No. 8776. (Signed by Judge Jesse M. Furman on 9/30/2022) (ate) Transmission to Finance Unit (Cashiers) for processing.

September 23, 2022

Filing 440 ORDER re: (8776 in 1:14-md-02543-JMF) MOTION for Disbursement of Funds Motion Seeking Authorization for Distribution to Participating Counsel From the Common Benefit Order Fund. filed by GM Ignition Switch MDL Plaintiffs, Set Deadlines/Hearing as to (8776 in 1:14-md-02543-JMF) MOTION for Disbursement of Funds Motion Seeking Authorization for Distribution to Participating Counsel From the Common Benefit Order Fund. The Plaintiffs' proposed briefing schedule is adopted that is, any opposition shall be filed by September 29, 2022, and any reply shall be filed by October 4, 2022. Additionally, by September 28, 2022, Plaintiffs are directed to submit, for in camera review if appropriate, an accounting of what remains in the Common Benefit Fund and an explanation of why the fees and costs sought now were not known or requested in their last application. SO ORDERED. :( Responses due by 9/29/2022, Replies due by 10/4/2022.) (Signed by Judge Jesse M. Furman on 9/23/22) (yv)

March 30, 2022

Filing 439 MEMO ENDORSEMENT on re: (8726 in 1:14-md-02543-JMF) Notice (Other) filed by General Motors LLC. ENDORSEMENT : Application GRANTED. SO ORDERED., (Attorney Barry E. Fields terminated.) (Signed by Judge Jesse M. Furman on 3/30/22) (yv)

February 17, 2022

Filing 438 ORDER NO. 179. [Amending the Restrictions on Use of Confidential and Highly Confidential Information]. Defendants and Lead Counsel for plaintiffs having consented thereto, and for good cause shown, Order No. 10 Paragraph 7(a) (Docket No. 294), as amended by Order No. 103 (Docket No.2901), is further amended to state as follows (changes in italic) and as further set forth in this Order. In addition, Order No. 10 Paragraph 8 (Docket No. 294), as amended by Order No. 103(Docket No. 2901), is further amended to state as follows (changes in italic) and as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/17/22) (yv)

December 15, 2021

Filing 437 COMMON BENEFIT ORDER FUND DISBURSEMENT ORDER. IT IS ORDERED that the $10,829,934.07 shall be disbursed from the Common Benefit Order Fund to Participating Counsel, as set forth in Exhibit A. The motion is granted as unopposed. The Clerk of Court is directed to terminate ECF Nos. 8676 and 8677. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/21) (yv) Modified on 12/15/2021 (yv).

October 1, 2021

Filing 436 MEMO ENDORSEMENT granting (8613 in 14md2543) Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to update the docket accordingly and to terminate ECF No. 8613. SO ORDERED., (Attorney William P Weintraub terminated.) (Signed by Judge Jesse M. Furman on 10/1/21) (yv)

May 28, 2021

Filing 435 ORDER APPROVING ECONOMIC LOSS CLASS COUNSEL APPROVAL OF ALLOCATION OF ATTORNEYS' FEES AND COSTS: IT IS ORDERED that the Motion is GRANTED. The allocation of fees and expenses among Participating Counsel in the amounts appearing in Exhibits A and B hereto is approved. Economic Loss Class Counsel may pay the fee and expense allocation within 30 days of this Order. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8415. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/28/2021) (kv) Transmission to Finance Unit (Cashiers) for processing.

May 19, 2021

Filing 434 OPINION AND ORDER re: (8415 in 1:14-md-02543-JMF) MOTION Approval of Allocation of Attorneys' Fees and Costs re: (8307) Order, Terminate Motions, Notice of Motion and Economic Loss Class Counsel's Motion for Approval of Allocation of Attorneys' Fees and Costs filed by GM Ignition Switch MDL Plaintiffs, (8387 in 1:14-md-02543-JMF) MOTION for Summary Judgment on the Claims of Norma Robinson as Administrator of the Estate of Cleon Davis. filed by General Motors LLC. For the reasons stated above, the first two sets of objections from the Objectors are overruled, but the Court reserves judgment on their third set of objections and, by extension, on Class Counsel's motion for approval of their proposed allocations of fees and costs pending the additional submissions described above. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/19/2021) (kv)

March 16, 2021

Filing 433 INTERNET CITATION NOTE: Material from decision with Internet citation re: #381 Order. (sjo)

February 18, 2021

Filing 432 NOTICE OF APPEARANCE by William R. Baldiga on behalf of GM Ignition Switch MDL Plaintiffs..(Baldiga, William)

February 18, 2021

Filing 431 NOTICE OF APPEARANCE by Andrew Preston Strehle on behalf of GM Ignition Switch MDL Plaintiffs..(Strehle, Andrew)

January 8, 2021

Filing 430 ORDER NO. 174 [Regarding Certain Economic Loss Actions Dismissed with Prejudice by the December 18, 2020 Final Order and Final Judgment]. IT IS ORDERED that by Monday, January 25, 2021, Stephen Yagman shall indicate in a filing made on the main MDL 2543 docket as well as in his individual docket the specific factual and legal bases as to why he believes the claims pled in his operative complaint are not released under the Settlement Agreement and dismissed with prejudice under the Final Order and Final Judgment. The Court notes that Mr. Yagman's name does not appear on the list of opt-outs determined to be valid in the Final Order and Final Judgment (ECF No. 8306 at 6, 17-19), and thus Mr. Yagman's filing shall address whether and how he timely and validly opted out of the Class Settlement. New GM shall file any response to Mr. Yagman's filing by February 5, 2021. Mr. Yagman shall file any reply by February 12, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/8/21) (yv)

January 8, 2021

Filing 429 MEMO ENDORSEMENT on re: (8327 in 1:14-md-02543-JMF) Letter proposed dates in connection with Rule 23(h) fee and cost allocation, filed by Economic Loss Plaintiffs. ENDORSEMENT: The proposed schedule is hereby adopted. That said, the Court will not, ex ante, authorize any filings to be made under seal or in camera. Counsel should make any application to file their submissions under seal or in camera in accordance with the Court's standard operating procedures and mindful of the presumption in favor of public access to judicial documents. In light of the presumption, counsel should seek to ensure that any proposed sealing is narrowly tailored -- i.e., that any information counsel believes should be filed under seal is either segregated and filed separately or is redacted from what is and can be filed publicly. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/8/21) (yv)

December 18, 2020

Filing 428 FINAL ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL OF THE ECONOMIC LOSS CLASS ACTION SETTLEMENT, CONFIRMING CERTIFICATION OF THE ECONOMIC LOSS SETTLEMENT CLASS, AND DISMISSING ALL ACTIONS WITH PREJUDICE: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Jurisdiction. The Court has personal jurisdiction over all Plaintiffs, the Class and all Class Members, New GM, the GUC Trust, and AAT, as well as subject matter jurisdiction over the claims asserted in the Fifth Amended Consolidated Complaint filed in In re: General Motors LLC Ignition Switch Litigation, Case No. 14-MD-2543 (JMF) on September 8, 2017 ("5ACC") and the Actions. Venue in the Southern District of New York is proper. As further set forth in this Order. Final Approval of Class Settlement. In accordance with its Final Approval Order, the Court hereby grants final approval to the Settlement Agreement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23(e). The Settlement Agreement provides ample benefits to the Class and avoids protracted litigation, among numerous other advantages. The Court finds that the Settlement Agreement, with respect to Class Members who are minors, lack capacity, or are incompetent, is fair, reasonable, and adequate. The Court authorizes the Parties to implement the terms of the Settlement Agreement and enjoins the Parties from failing to implement the terms. Overruling of Objections. The Class Member objection filed by Mr. Richard H. Warren (ECF No. 8122) is overruled. The objection filed by Ms. Kisha M. Davis, as personal representative of the estate of her mother, Class Member Mary L. Davis (ECF No. 8216), is also overruled. Class Certification for Settlement Purposes Only. As further set forth in this Order. Common Fund. Pursuant to the Settlement Agreement, all Settlement Implementation Expenses shall be paid from the Common Fund, which was established as a Qualified Settlement Fund under 468B(d)(2) of the Internal Revenue Code and Treasury Regulation 1.468B-1 pursuant to this Court's Preliminary Approval Order, by the court-approved Qualified Settlement Fund Administrator and Trustee, Flora Bian of JND; however, all such Settlement Implementation Expenses shall be paid from the Common Fund only upon either (i) written approval by Plaintiffs' Class Counsel, New GM, and the GUC Trust or (ii) leave of Court. The Court finds that, pursuant to Paragraph 88.a of the Settlement Agreement, following entry of the GUC Trust Approval Order, the Withdrawal Order, and the Preliminary Approval Order, New GM and the GUC Trust deposited, respectively, $8,800,000.00 and $2,000,000.00 into the Common Fund. As further set forth in this Order. Entry of Final Judgment. The Clerk of the Court is expressly directed to immediately enter this Final Order and Final Judgment in the Actions listed in Appendix C. The Clerk is further directed to terminate 14-MD-2543, ECF No. 8240 and 14-MC-2543, ECF No. 409 and to close Elliott, et al. v. General Motors LLC, et al., No. 14-CV-8382; Bledsoe, et al. v. General Motors LLC, No. 14-CV-7631; and Sesay, et al. v. General Motors LLC, et al., No. 14-CV-6018. As further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/18/2020) (ks)

December 18, 2020

Filing 427 ORDER APPROVING CLASS COUNSEL'S RULE 23(h) MOTION FOR APPROVAL OF AWARD OF ATTORNEYS' FEES AND EXPENSES AND SERVICE AWARDS TO LEAD PLAINTIFFS. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion is GRANTED. The Court further finds:The Court awards Plaintiffs' counsel (i) $24,585,272.06 in attorneys' fees and (ii) $9,914,727.94 to reimburse expenses incurred in connection with this litigation (and that have not been previously reimbursed from the Common Benefit Fund). Pursuant to the Settlement Agreement, New GM is ordered to pay the fees and costs no later than 30 days after the later of the Final Effective Date or the expiration of any appeal period or the resolution of any and all appeals relating to the Attorneys' Fees and Expenses award. The Class Representatives have devoted considerable time and effort to this litigation, including supervising counsel and responding to discovery. The result obtained for the Class would not have been possible without the participation of these Plaintiffs. The Court awards $2000 to Class Representatives who were deposed,4 and $1000 to Class Representatives who were not deposed. These Plaintiffs are identified in Exhibits A and B, respectively. The Court finds that these awards are reasonable, and fall squarely within the range approved for similar cases in this Circuit. See, e.g., Alaska Elec. Pension Fund, 2018 U.S. Dist. LEXIS 202526, at *17-18; Godson v. Eltman, Eltman, & Cooper, P.C., 328 F.R.D. 35, 60 (W.D.N.Y. 2018); Kindle v. Dejana, 308 F. Supp. 3d 698, 718 (E.D.N.Y. 2018); Jermyn v. Best Buy Stores, L.P., No. 08-CV-214 (CM), 2012 WL 2505644, at *8 (S.D.N.Y. June 27, 2012); AFTRA, 2012 WL 2064907, at *3. The Court declines to provide Service Awards to Lawrence and Celestine Elliott (see ECF No. 8201), who did not serve as Class Representatives. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8159. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/18/20) (yv)

December 18, 2020

Filing 426 MEMORANDUM OPINION AND ORDER re: #405 MOTION for Attorney Fees . filed by Goodwin Procter LLP. In sum, any claim to attorney's fees that Goodwin may have pursuant to the terms of its private engagement letter with Lead Counsel has no bearing on whether the Court should approve the Settlement Agreement. Nothing in the Settlement Agreement precludes Goodwin from pursuing such claims as part of the post-settlement allocation process or in a later and separate action for breach of the private engagement letter. And nothing in Order No. 42 (or Rule 23(h) of the Federal Rules of Civil Procedure) exempts Goodwin from the procedure that now applies to all counsel seeking a share of the fee award. Most importantly, Goodwin's concerns regarding the ultimate share of attorney's fees to which it may be entitled provide no basis for the Court to reject the Settlement Agreement as unfair, unreasonable, or inadequate for the class. To the contrary, Goodwin's requested relief would harm the very class members this Court is charged with protecting in its review of the Settlement Agreement. For these reasons, Goodwin's objection was overruled and its motion was denied. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8156 and 14-MC-2543, ECF No. 405. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/18/20) (yv)

December 3, 2020

Filing 425 DECLARATION of Elizabeth J. Cabraser in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)

December 3, 2020

Filing 424 REPLY MEMORANDUM OF LAW in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. Economic Loss Plaintiffs' Reply In Support of the Parties' Joint Motion for Final Approval of the Proposed Class Settlement and Plan of Allocation, and Certification of the Settlement Class. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)

December 3, 2020

Filing 423 REPLY MEMORANDUM OF LAW in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. . Document filed by General Motors LLC..(Bloom, Wendy)

November 24, 2020

Filing 422 ORDER: [Regarding Access to the December 18, 2020 Fairness Hearing, Which Will Be Conducted Remotely by Telephone Due to the COVID-19 Pandemic] On April 27, 2020, the Court preliminarily approved a proposed class action settlementin this litigation and scheduled a Fairness Hearing for December 18, 2020, at 9:30 a.m. as described in the preliminary approval order. See ECF No. 7877, Paragraph 39. In light of the COVID-19 situation, the Fairness Hearing scheduled for December 18, 2020 at 9:30 a.m. will be held by remotely by telephone using the Court's dedicated conference call system (not Court Call). At least forty-eight hours before the conference, Plaintiffs' Liaison Counsel shall email to the Court the names and telephone numbers of those who willhave speaking roles at the conference, and the Court will provide call-in information to Liaison Counsel to provide to those counsel. All others counsel who will not have speaking roles and members of the public may listen to the conference by calling (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow theprocedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-mfurman. Finally, the parties are ordered to ensure the MDL Website includes a copy of this Order and provides the relevant dial-in information for accessing the Fairness Hearing. SO ORDERED., ( Fairness Hearing set for 12/18/2020 at 09:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/24/2020) (ama)

November 23, 2020

Filing 421 DECLARATION of William P. Weintraub in Opposition re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by Goodwin Procter LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Weintraub, William)

November 23, 2020

Filing 420 RESPONSE in Opposition to Motion re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. Designated Bankruptcy Counsel/Participating Counsel Goodwin Procter LLP's: (1) Response to Opposition of Plaintiffs/Interim Class Counsel and Defendant General Motors LLC to Goodwin's Limited Objection to Settlement Agreement; (2) Limited Objection to Joint Motion for Final Approval of Settlement Agreement; (3) Limited Objection to Proposed Order re Payment of Attorneys' Fees and Expenses, and Proposed Final Judgment; and (4) Reservation of Rights. Document filed by Goodwin Procter LLP..(Weintraub, William)

November 10, 2020

Filing 419 ***SELECTED PARTIES***DECLARATION of Wendy L. Bloom in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by General Motors LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: 8013 .(Bloom, Wendy)

November 10, 2020

Filing 418 DECLARATION of Wendy L. Bloom in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by General Motors LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Bloom, Wendy)

November 10, 2020

Filing 417 MEMORANDUM OF LAW in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. . Document filed by General Motors LLC..(Bloom, Wendy)

November 10, 2020

Filing 416 PROPOSED JUDGMENT. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve) Proposed Judgment to be reviewed by Clerk's Office staff.

November 10, 2020

Filing 415 PROPOSED ORDER. Document filed by GM Ignition Switch MDL Plaintiffs. Related Document Number: #409 ..(Berman, Steve) Proposed Order to be reviewed by Clerk's Office staff.

November 10, 2020

Filing 414 ***SELECTED PARTIES***DECLARATION of Jennifer M. Keough in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs, General Motors LLC. Motion or Order to File Under Seal: #409 .(Berman, Steve)

November 10, 2020

Filing 413 DECLARATION of Jennifer M. Keough in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)

November 10, 2020

Filing 412 DECLARATION of Elizabeth J. Cabraser in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)

November 10, 2020

Filing 411 DECLARATION of Steve W. Berman in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)

November 10, 2020

Filing 410 MEMORANDUM OF LAW in Support re: #409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. . Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)

November 10, 2020

Filing 409 JOINT MOTION for Settlement for Final Approval of The Class Settlement and Plan of Allocation and Certification of the Settlement Class. Document filed by GM Ignition Switch MDL Plaintiffs. Return Date set for 12/18/2020 at 09:30 AM..(Berman, Steve)

November 10, 2020

***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #416 Proposed Judgment was reviewed and approved as to form. (km)

November 10, 2020

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #415 Proposed Order was reviewed and approved as to form. (km)

October 19, 2020

Filing 408 REPLY to Response to Motion re: #405 MOTION for Attorney Fees . Designated Bankruptcy Counsel/Participating Counsel Goodwin Procter LLPs (I) Reply to Economic Loss Plaintiffs Memorandum in Opposition to Goodwin Procter LLPs Motion for Payment of Fees and Reimbursement of Expenses; (II) Limited Objection to Settlement Agreement; and (III) Notice of Intent to Appear at Fairness Hearing. Document filed by Goodwin Procter LLP..(Weintraub, William)

September 28, 2020

Filing 407 DECLARATION of William P. Weintraub in Support re: #405 MOTION for Attorney Fees .. Document filed by Goodwin Procter LLP. (Attachments: #1 Exhibit A, #2 Exhibit B).(Weintraub, William)

September 28, 2020

Filing 406 MEMORANDUM OF LAW in Support re: #405 MOTION for Attorney Fees . . Document filed by Goodwin Procter LLP..(Weintraub, William)

September 28, 2020

Filing 405 MOTION for Attorney Fees . Document filed by Goodwin Procter LLP..(Weintraub, William)

September 28, 2020

Filing 404 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Goodwin Procter LLP..(Weintraub, William)

September 28, 2020

Filing 403 NOTICE OF APPEARANCE by William P Weintraub on behalf of Goodwin Procter LLP..(Weintraub, William)

September 3, 2020

Filing 402 NOTICE of Proof of Service re: #401 MOTION for The Potts Law Firm, LLP to Withdraw as Attorney .. Document filed by GM Ignition Switch MDL Plaintiffs..(Jensen, Eric)

September 1, 2020

Filing 401 MOTION for The Potts Law Firm, LLP to Withdraw as Attorney . Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Memorandum in Support of Motion to Withdraw as Counsel, #2 Declaration in Support of Motion to Withdraw as Counsel, #3 Exhibit A).(Jensen, Eric)

August 10, 2020

Filing 400 AMENDED OPINION AND ORDER. The Firms' motions are GRANTED in part and DENIED in part. In particular, the Court concludes that Order No. 42 applies to the Firms' clients' related unfiled claims and to state-court cases in which the Firms used Common Benefit Work Product, but it does not apply to state-court cases in which the Firms did not use Common Benefit Work Product. Further, the Court concludes that Order No. 42 is a permissible exercise of its inherent authority over this litigation and the parties and counsel appearing before it. Additionally, the Firms are ORDERED to review their files relating to each of their related state-court matters, including those not at issue here, to determine whether they used Common Benefit Work Product within the meaning of Order No. 42. No later than thirty days from the date of this Opinion and Order, each Firm must file an affidavit that (1) identifies its related state-court cases and (2) with respect to each, either confirms that the Firm did not use Common Benefit Work Product or concedes that it did. If the Court later concludes that a Firm incorrectly represented in its affidavit that it did not use Common Benefit Work Product, the Court will impose the assessment, plus appropriate sanctions. Finally, pursuant to Order No. 77, if Lead Counsel, the Firms, or New GM believe that sealed or redacted materials related to this motion should remain sealed or redacted, they shall file a letter brief regarding the propriety of doing so no later than one week from the date of this Opinion and Order. See ECF No. 1349, at 4. The Clerk of Court is directed to terminate ECF Nos. 7368 and 7398. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/20) (yv)

August 10, 2020

Filing 399 ERRATUM ORDER. The Opinion and Order docketed on August 7, 2020, see 14-MD-2543, ECF No. 8090; 14-MC-2543, ECF No. 397, contained an inadvertent error: The Firms must file the affidavit required by the Opinion and Order no later than thirty days from the date of the Opinion and Order, not within three weeks, as stated on the final page of the Opinion and Order. The Court will separately file an amended Opinion and Order, with that one change, later today. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/20) (yv)

August 10, 2020

Filing 398 ORDER NO. 173 [Regarding Motions to Dismiss for Failure to Comply with Discovery Obligations]. To avoid confusion, effective immediately, all timelines established for earlier Waves shall also apply to Wave Four and Wave Pool Plaintiffs, just as they applied to Plaintiffs in the prior Waves. In particular: New GM may not file a motion to dismiss for failure to comply with obligations under Order Nos. 25 and 108 unless and until the plaintiff fails to cure any defects within fourteen days of the filing of a notice of overdue discovery. Any plaintiff subject to a motion to dismiss without prejudice for failure to comply with such discovery obligations shall have fourteen days to oppose the motion or certify compliance, and New GM shall have seven days to reply. Any plaintiff who is dismissed without prejudice for failure to comply with such discovery obligations shall have thirty days from the date of dismissal to move to vacate the dismissal, provided he or she submits all required documentation or otherwise contests the dismissal. New GM may not file a motion to dismiss with prejudice for failure to comply with such discovery obligations unless and until the plaintiff fails to move to vacate the dismissal within thirty days. Any Plaintiff subject to a motion to dismiss with prejudice for failure to comply with such discovery obligations shall have fourteen days to oppose the motion or certify compliance, and New GM shall have seven days to reply. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/20) (yv)

August 7, 2020

Filing 397 OPINION AND ORDER [Regarding Common Benefit Assessments on State Cases and Unfiled Matters]. The Firms' motions are GRANTED in part and DENIED in part. In particular, the Court concludes that Order No. 42 applies to the Firms' clients' related unfiled claims and to state-court cases in which the Firms used Common Benefit Work Product, but it does not apply to state-court cases in which the Firms did not use Common Benefit Work Product. Further, the Court concludes that Order No. 42 is a permissible exercise of its inherent authority over this litigation and the parties and counsel appearing before it. Additionally, the Firms are ORDERED to review their files relating to each of their related state-court matters, including those not at issue here, to determine whether they used Common Benefit Work Product within the meaning of Order No. 42. No later than three weeks from the date of this Opinion and Order, each Firm must file an affidavit that (1) identifies its related state-court cases and (2) with respect to each, either confirms that the Firm did not use Common Benefit Work Product or concedes that it did. If the Court later concludes that a Firm incorrectly represented in its affidavit that it did not use Common Benefit Work Product, the Court will impose the assessment, plus appropriate sanctions. Finally, pursuant to Order No. 77, if Lead Counsel, the Firms, or New GM believe that sealed or redacted materials related to this motion should remain sealed or redacted, they shall file a letter brief regarding the propriety of doing so no later than one week from the date of this Opinion and Order. See ECF No. 1349, at 4. The Clerk of Court is directed to terminate ECF Nos. 7368 and 7398. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/7/20) (yv)

June 26, 2020

Filing 396 ORDER NO. 172: [Regarding Sealed and Redacted Filings]: The Court previously granted parties in this action permission to temporarily file documents under seal or in redacted form without first obtaining specific court approval and required that they contemporaneously file a notice that a document was filed under seal. ECF No. 4567 ("Order No. 133"). At the time that the Court issued Order No. 133, the Electronic Case Filing System in the Southern District of New York did not allow parties to restrict viewing access to a document filed on the docket, and it was therefore impossible for parties to file sealed or unredacted documents electronically. The Courts then-operative Individual Rules and Practices in Civil Cases therefore required parties to email unsealed and unredacted (clean and highlighted) versions of their filings to the Court. The Districts Electronic Case Filing System was recently changed to allow parties to restrict viewing access to documents filed on the docket, and the Court revised its Individual Rules and Practices in Civil Cases to reflect those changes. Going forward, parties should file any proposed sealed or redacted documents in accordance with Rules 7.C.ii-iv of the Court's Individual Rules and Practices in Civil Cases, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. For the reasons stated in Order No. 133, however, the parties may temporarily file documents under seal or in redacted form, and they therefore do not need to file a letter-motion seeking the Court's specific permission. Parties should link all sealed filings to this Order or to Order No. 133, in accordance with Rule 6.12 of the Electronic Case Filing Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. In light of the fact that a docket entry for any sealed or redacted filings will appear on the docket, the parties also need not file a notice that a document was filed under seal. Except to the extent modified here, Order No. 133 remains in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/26/2020) (jca)

June 1, 2020

Filing 395 ORDER NO. 170 [Regarding the Closure of Certain MDL 2543 Member Cases]... The Clerk of Court is directed close the cases listed in Exhibit A. Any party who believes that a case has been erroneously closed by this Order shall, no later than June 18, 2020, file a letter motion to re-open the case and explain why the case should remain open. Any party opposing a motion to re-open one of the cases closed pursuant to this Order shall file a response brief within 10 days after the motion to re-open is filed. Nothing in this Order shall be construed as a judgment under Federal Rules of Civil Procedure 54 or 58, nor shall this Order be construed as re-opening the time for seeking post-judgment relief or filing an appeal. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/1/20) (yv)

May 27, 2020

Filing 394 ORDER NO. 169: [Regarding Future Access to MDL Documents Production] For good cause shown, the Court adopts the following procedures for all remaining future personal injury/wrongful death ("PIWD") Plaintiffs to access MDL 2543 document productions, depositions and exhibits, and Common Benefit Work Product as further set forth herein. The Clerk of Court is directed to terminate ECF No. 7956. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/26/2020) (ks)

May 4, 2020

Filing 393 SUPPLEMENTING ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT, DIRECTING NOTICE UNDER RULE 23(E), AND GRANTING RELATED RELIEF in case 1:14-cv-02458-JMF; granting (7888 in 14-md-2543) Motion for Settlement in case 1:14-md-02543-JMF. IT IS HEREBY ORDERED AS FOLLOWS: The Court hereby preliminarily approves the revised provisions of the Amended Settlement Agreement, including the amended Class Notice exhibits (Exhibits 5, 11, 12, 16 and 17), for substantially the same reasons as stated in the Preliminary Approval Order. At the time that the Court entered the Preliminary Approval Order, the Court had already been informed of the terms of the agreement-in-principle with the AAT and finds that the incorporation of those terms in the Amended Settlement Agreement does not alter any of its previous findings. The Clerk of Court is directed to terminate ECF No. 7888. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 5/4/20) (yv)

April 27, 2020

***DELETED ENTRY. Deleted entry Class Action Certified. The entry was incorrectly filed in this case. (yv)

April 27, 2020

Filing 392 ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT, DIRECTING NOTICE UNDER RULE 23(E), AND GRANTING RELATED RELIEF granting #383 Motion for Settlement. IT IS HEREBY ORDERED AS FOLLOWS: The Court preliminarily approves the proposed Settlement Agreement, including the Allocation Decision, because the Parties have shown, and the Court concludes, that, pursuant to Federal Rule of Civil Procedure 23(e)(1)(B)(i), the Court will likely be able to grant final approval and find that the Settlement Agreement is fair, reasonable, and adequate, including that (i) Plaintiffs and Plaintiffs' Class Counsel have adequately represented the Class, (ii) the Subclass representatives and Allocation Counsel have adequately represented their respective Subclasses, (iii) the Settlement Agreement was entered into in good faith, free of collusion, through significant arm's-length negotiations assisted by the experienced Court-Appointed Economic Loss Settlement Mediator; (iv) the Allocation Decision was reached through arms-length negotiations and presentations from Allocation Counsel and then determined by the Court-Appointed Economic Loss Settlement Mediator; (v) the relief provided for the Class and each Subclass is adequate taking into account the costs, risks, and delay of trial and appeal and the effectiveness of distributing relief; and (vi) the Settlement Agreement and Allocation Decision treat Class Members equitably relative to each other. The Court authorizes establishment of the Common Fund in accordance with the terms of the Qualified Settlement Fund Trust Agreement, which is attached to the Settlement Agreement as Exhibit 7. The Common Fund is established as a "qualified settlement fund" within the meaning of Section 468B of the Internal Revenue Code and the Treasury Regulations thereunder. The Common Fund shall be operated in a manner consistent with the rules of Treasury Regulation Section 1.468B-1, et seq. The Court shall retain continuing jurisdiction and supervision over the Common Fund, in accordance with the terms of the Qualified Settlement Fund Trust Agreement. The Court appoints Flora Bian of JND Legal Administration as Qualified Settlement Fund Administrator and Trustee to carry out all duties and responsibilities of the Qualified Settlement Fund Administrator and Trustee as specified in the Settlement Agreement, the Qualified Settlement Fund Trust Agreement and herein. The Parties and the Motors Liquidation Company Avoidance Action Trust (the "AAT") shall file an amended Settlement Agreement (the Amended Settlement Agreement), no later than May 1, 2020, which, in consideration for the AAT's agreement to contribute $2.2 million to the Common Fund, shall include a provision releasing all potential claims against Old GM, the Old GM bankruptcy estate and the AAT, and otherwise be consistent with (i) the terms set forth in that Joint Letter, dated April 22, 2020, filed at Docket Number 7869 and (ii) the representations made on the record at the Joint Hearing held on April 23, 2020 before the Honorable Jesse M. Furman and the Honorable Martin Glenn. For the avoidance of doubt, and consistent with the Order (I) Approving the GUC Trust Administrator's Actions; (II) Approving the Settlement Agreement and the Release Agreement Pursuant to Federal Rule of Bankruptcy Procedure 9019 and (III) Authorizing Reallocation of GUC Trust Assets entered in the Bankruptcy Court (Dkt. 14730), any provisions in the Settlement Agreement preserving claims against Old GM, the Old GM bankruptcy estate and the AAT, including but not limited to paragraphs 142 and 143, are not preliminarily approved. The Court, for settlement purposes only, appoints the following Plaintiffs as interim class representatives for the Class as further set forth in this Order. The Court, for settlement purposes only, appoints the following Plaintiffs as interim representatives of each Subclass as further set forth in this Order. The Court appoints, for settlement purposes only, Steve W. Berman, of Hagens Berman Sobol Shapiro LLP and Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein, LLP as interim Class Counsel under Federal Rule of Civil Procedure 23(g)(3). Class Counsel are authorized to act on behalf of the Class with respect to all acts required by, or which may be given pursuant to, the Settlement Agreement or such other acts that are reasonably necessary to consummate the proposed Settlement set forth in the Settlement Agreement and as further set forth in this Order. The Court therefore approves the proposed Class Notice plan, and hereby directs that such notice be disseminated to Class Members in the manner set forth in the Settlement Agreement and described in the Declaration of the Class Action Settlement Administrator attached as Exhibit 14 to the Settlement Agreement under Federal Rule of Civil Procedure 23(e)(1). The Plaintiffs, New GM, and the GUC Trust are directed to take all necessary and appropriate steps to disseminate Class Notice, including Notice substantially in the forms of amended Exhibits 5 (Long Form Notice), 11 (Short Form Notice), and 12 (Summary Settlement Notice) to the Settlement Agreement. The Parties are further directed to ensure the MDL website provides a link to the Settlement website. The Court appoints Jennifer Keough of JND Legal Administration ("JND") as Class Action Settlement Administrator and directs Ms. Keough to carry out all duties and responsibilities of the Class Action Settlement Administrator as specified in the Settlement Agreement and herein. The Court authorizes the Class Action Settlement Administrator, through data aggregators or otherwise, to request, obtain and utilize vehicle registration information from the Department of Motor Vehicles for all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands and all other United States territories and/or possessions for the purposes of identifying the identity of and contact information for purchasers and lessees of Subject Vehicles. Vehicle registration information includes, but is not limited to, owner/lessee name and address information, registration date, year, make, and model of the vehicle. Pursuant to the Settlement Agreement, all Settlement Implementation Expenses, including but not limited to the costs of Class Notice and retention of the Class Action Settlement Administrator and the Qualified Settlement Fund Administrator and Trustee, shall be paid from the Common Fund, but only upon either (i) written approval by Plaintiffs Class Counsel, New GM, and the GUC Trust or (ii) leave of Court. The Court will hold a Fairness Hearing on December 18, 2020, at 9:30 a.m. in Courtroom 1105 of Thurgood Marshall United States Courthouse, located at 40 Centre Street, New York, NY 10007. The purpose of the Fairness Hearing will be to: (i) determine whether the proposed Settlement is fair, reasonable and adequate to the Class, and should be approved by the Court; (ii) determine whether judgment should be entered pursuant to the Settlement Agreement, dismissing the Actions with prejudice and granting the Class Members Release; (iii) determine whether the Class should be finally certified for purposes of settlement; (iv) consider any properly filed Settlement Objections; and (v) consider any other matters necessary in connection with the final approval of the Settlement Agreement. No later than November 9, 2020, i.e., the first business day more than 195 days after entry of this Order, the Parties and/or any Class Member supporting the Settlement may submit briefing and any related materials in response to any Settlement Objections and/or in support of the Settlement. Any opposition to final approval of the Settlement shall be filed by November 23, 2020; any reply shall be filed by December 3, 2020. Any submissions by the Parties shall be filed unless leave is obtained from the Court to file separately. No later than September 28, 2020, i.e., 154 days after entry of this Order, Class Counsel shall file a motion for Attorneys' Fees and Expenses in accordance with the terms of Section VIII of the Settlement Agreement. Any opposition shall be filed within two weeks of the motion; any reply shall be filed within one week of the opposition. The Court shall retain jurisdiction over the Settlement Agreement and the Actions pending before this Court to consider all further matters arising out of or connected with the Settlement. The Clerk of Court is directed to terminate ECF No. 7816. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 4/27/20) (yv)

April 27, 2020

Set/Reset Deadlines: ( Motions due by 9/28/2020.), Set/Reset Hearings:( Fairness Hearing set for 12/18/2020 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (yv)

April 20, 2020

Filing 391 MEMO ENDORSEMENT ON NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: The Clerk of Court is directed to remove Michele R. Sowers as counsel of record in 14-MD-2543, 14-MC-2543, and 19-CV-7190. SO ORDERED (Signed by Judge Jesse M. Furman on 4/20/2020) (ama)

April 20, 2020

Filing 390 ORDER. Per the Court's Emergency Individual Rules and Practices, the hearing scheduled in this case for April 23, 2020, at 9:30 a.m. will be conducted telephonically. The Court has arranged for the use of CourtCall, an independent conference call company, to enable the parties, counsel, and anyone interested (including members of the public and press) to attend remotely. Counsel for the parties must call CourtCall's reservation desk at (888) 882-6878, or make a reservation online at www.courtcall.com, no later than 4:00 p.m. Eastern Time on April 22, 2020. CourtCall will charge parties and counsel participating in the conference $35 for the first 45 minutes, and $7.50 for each 15-minute increment thereafter. The Court has received the parties' list of attorneys who will attend and speak at the conference. If there are any changes to these lists, the parties shall notify the Court no later than 1:00 p.m. on April 22, 2020. Any changes after that time may be made only with express leave of Court, which should be requested by email at Furman_NYSDChambers@nysd.uscourts.gov. To ensure public access to the conference, the Court has arranged for CourtCall to provide a toll-free number for members of the public and press to listen to the conference. Members of the public and press should call (855) 855-8556, and enter access code 587-8792, followed by the pound (#) key. There will be no charge for using this line. Anyone using this line will be in "listen-only" mode and will not be able to speak during the proceedings. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/20/20) (yv)

April 6, 2020

Filing 389 ORDER NO. 168: The undersigned and the Honorable Martin Glenn will hold a joint hearing on the above-referenced motions on April 23, 2020 at 9:30 a.m. Unless the Courts order otherwise, the hearing will be held by telephone in light of the current public health situation. The Courts will issue orders in due course explaining how to participate in, or listen to, the telephone conference. Counsel shall promptly and prominently post this Order and call-in information on the MDL website (www.gmignitionmdl.com). No later than 1:00 p.m. on April 16, 2020, Lead Counsel, counsel for New GM, and counsel for the GUC Trust shall provide this Court with a list of any participants who should be granted speaking privileges for the conference. Unless the Court orders otherwise for good cause shown by letter motion in advance of the conference, all other participants in the telephone conference will be in listen-only mode. In light of the foregoing, the Court concludes that other pending motions related to the Economic Loss Plaintiffs' claims can and should be terminated without prejudice to renewal in the event that the proposed settlement is not approved or otherwise consummated. The Clerk of Court is therefore directed to terminate 14-MD-2543, ECF Nos. 6065, 7095, and 7100. If counsel for any party believes that any other motion can and should be terminated, they shall so advise the Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/6/2020) ( Telephone Conference set for 4/23/2020 at 09:30 AM before Judge Jesse M. Furman.) (ks)

March 27, 2020

Filing 388 MEMORANDUM OF LAW in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES. . Document filed by General Motors LLC..(Godfrey P C, Richard)

March 27, 2020

Filing 387 DECLARATION of Layn R. Phillips in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES.. Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)

March 27, 2020

Filing 386 DECLARATION of Elizabeth J. Cabraser in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES.. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A (Firm Resume)).(Berman, Steve)

March 27, 2020

Filing 385 DECLARATION of Steve W. Berman in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES.. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A (First Few Pages of Hagens Berman Firm Resume), #2 Exhibit B (Steve Berman Current Resume)).(Berman, Steve)

March 27, 2020

Filing 384 MEMORANDUM OF LAW in Support re: #383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES. . Document filed by GM Ignition Switch MDL Plaintiffs..(Berman, Steve)

March 27, 2020

Filing 383 JOINT MOTION for Settlement NOTICE OF JOINT MOTION AND JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, APPROVAL OF NOTICE PROCEDURES, AND APPOINTMENT OF CLASS COUNSEL & CLASS REPRESENTATIVES. Document filed by GM Ignition Switch MDL Plaintiffs. Return Date set for 4/23/2030 at 09:30 AM. (Attachments: #1 Text of Proposed Order).(Berman, Steve)

March 27, 2020

Filing 382 SETTLEMENT AGREEMENT . Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit 1 (List of Economic Loss Actions), #2 Exhibit 2 (Allocation Decision), #3 Exhibit 3 (GUC Trust Approval Order), #4 Exhibit 4 (GUC Trust Approval Motion), #5 Exhibit 5 (Long Form Notice), #6 Exhibit 6 (Preliminary Approval Order), #7 Exhibit 7 (Qualified Settlement Fund Trust Agreement), #8 Exhibit 8 (Executed Release Agreement), #9 Exhibit 9 (Settlement Claim Form), #10 Exhibit 10 (Settlement Claim Review Protocol), #11 Exhibit 11 (Short Form Notice), #12 Exhibit 12 (Summary Settlement Notice), #13 Exhibit 13 (Withdrawal Order), #14 Exhibit 14 (Claim Administrator Declaration), #15 Exhibit 15 (CAFA Notice), #16 Exhibit 16 (Initial Press Release), #17 Exhibit 17 (Reminder Press Release)).(Berman, Steve)

March 4, 2020

Filing 381 ORDER NO. 167: Regarding Procedures and Schedule for Wave Four Targeted Discovery and Motion Practice and Additional Wave Pools to Address Remaining Personal Injury Claims -- Given the remarkable success of the "wave" process in this multidistrict litigation ("MDL") to date, the Court agrees with New GM that a Wave Four should be adopted to address the remaining personal injury and wrongful death claims (many of which were filed after the previous waves were adopted) and any new claims filed in the future. For good cause shown, the Court thus adopts the following schedule and procedures for Wave Four discovery of and motion practice regarding the remaining personal injury and wrongful death cases, as well any new claims that may be filed and consolidated going forward. That said, the Court is sympathetic to Lead Counsel's concerns regarding claims that have been pending in this MDL for a significant amount of time. See ECF No. 7783, at 3. To help ensure that such claims are advanced more quickly, with an eye toward settlement or remand, the Court would be open to adopting more "aggressive" procedures claims that were initially filed before January 1, 2017 (i.e., the first seven claims listed in ECF No. 7783-2), including but not limited to perhaps allowing "bilateral fact and expert discovery" for such claims. Id. at 5. Lead Counsel and counsel for New GM shall meet and confer to discuss the issue and, no later than March 13, 2020, submit an agreed-upon proposed order with respect to these claims or competing orders and letter briefs. Unless and until the Court adopts additional or different procedures for such claims, they shall be subject to the schedule and procedures set forth herein. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 3/4/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)

December 30, 2019

Filing 380 ORDER NO. 166: [Regarding the December 18, 2019 Status Conference] The Court, having held a status conference on December 18, 2019, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' tentative agenda letter (ECF No. 7619), as well as the Court's December 16, 2019 Order (ECF No. 7626), issues this Order to memorialize the actions taken and rulings made at the status conference. A status conference will be held Friday, January 31, 2020, at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the status conference, by Wednesday, January 8, 2020, New GM and counsel for plaintiff Sunita Bhandari will submit a joint letter proposing next steps for Ms. Bhandari's claims. Consistent with the procedures set forth in Order No. 72 (ECF No. 1237), New GM shall file a consolidated response to the Conner Plaintiffs' motion to vacate (ECF No. 7628) and any other timely motion that may be filed relating to the Courts November 21, 2019 order (ECF No 7474) by Monday, January 6, 2020. Plaintiffs' reply, if any, shall be filed by Monday, January 13, 2020. Consistent with the Court's comments at the status conference, by Wednesday, January 15, 2020, Lead Counsel and New GM shall submit a joint proposal or competing proposals regarding next steps for the economic loss plaintiffs. SO ORDERED. (Responses due by 1/6/2020, Replies due by 1/13/2020., Status Conference set for 1/31/2020 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/30/2019) (jca)

December 30, 2019

Filing 379 ORDER NO. 165. Mindful that applicable law sometimes requires approval before the claims of certain plaintiffs (such as minors) can be settled or compromised, the following procedures shall apply going forward as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/30/19) (yv)

December 12, 2019

Filing 378 OPINION AND ORDER re: (7055 in 1:14-md-02543-JMF) MOTION for Reconsideration re; (7019) Memorandum & Opinion, Economic Loss Plaintiffs' Motion for Reconsideration of the Court's August 6, 2019 Summary Judgment Opinion and Order or, in the Alternative, Motion for Cert filed by GM Ignition Switch MDL Plaintiffs. Plaintiffs fail to persuade the Court that it erred in its summary judgment ruling, and they certainly do not satisfy the strict standards that govern motions for reconsideration. Nevertheless, although the question is a close one, the Court concludes that certification of an interlocutory appeal is appropriate. The Court does not make this decision lightly. An interlocutory appeal (if the Second Circuit accepts it) would result in potentially lengthy delay, and this litigation is already in its sixth year, with no end in sight absent a settlement. But the Court is not infallible. And, in the judicial system of this Nation, it is not intended to be final. Cf. Brown v. Allen, 344 U.S. 443, 540 (1953) (Jackson, J., concurring) (observing that the Supreme Court is not final because [it is] infallible, but [is] infallible only because [it is] final). Yet, absent an interlocutory appeal, the Court might well have the only and thus final word on these important issues. Moreover, an interlocutory appeal would not necessarily mean a halt to the steady progress of this litigation. Even if the Second Circuit were to grant a petition for interlocutory appeal, the Court may well be able to move forward on other fronts. There are, after all, other disputes pending, see, e.g., ECF Nos. 7095 (New GM's renewed motion for summary judgment against Plaintiffs), 7100 (New GM's motion to exclude the opinions of another of Plaintiffs' experts), and Plaintiffs bring claims under the laws of forty-seven other states and the District of Columbia. Additionally, further settlement negotiations can and should proceed in the shadow of any interlocutory appeal. Indeed, in the Court's humble view, after five-plus years of litigation, hundreds of depositions, millions of documents exchanged in discovery, and untold trees felled and ink spilled by the parties and the Court, the parties should have enough data to agree on a settlement value for this litigation; the risks of delay and reversal are merely additional data to factor into the calculus. The parties should be prepared to address these issues - at least preliminarily - at the status conference on December 18, 2019. The Clerk of Court is directed to terminate ECF No. 7055. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/12/19) (yv)

November 15, 2019

Filing 377 ORDER, On November 14, 2019, the Potts Law Firm LLP ("Potts") filed a Motion for Declaratory Judgment on Assessments for State Filed and Unfiled Cases, along with a memorandum in support of that motion. See 14-MD-2543, ECF No. 7398. In light of the ongoing briefing with respect to a substantially similar motion filed by Bailey Cowan Heckaman PLLC ("BCH") on November 5, 2019, see 14-MD-2543, ECF No. 7368, the Court concludes that consolidated briefing would make sense. Accordingly, Lead Counsel shall file, no later than November 19, 2019, any opposition to both Potts's motion and BCH's motion, supported by a single memorandum of law not to exceed twenty-five pages, and Potts and BCH shall jointly file, no later than November 26, 2019, any reply in a single memorandum of law not to exceed fifteen pages. The Clerk of Court is directed to terminate ECF No. 7397 as duplicative. SO ORDERED. (Responses due by 11/19/2019, Replies due by 11/26/2019.) (Signed by Judge Jesse M. Furman on 11/15/2019) (kv)

November 8, 2019

Filing 376 MEMORANDUM OPINION AND ORDER: re: (7204 in 1:14-md-02543-JMF) MOTION for Declaratory Judgment On Assessments For State Filed and Unfiled Cases filed by ALL PLAINTIFFS. For the foregoing reasons, the Court holds that Order No. 42 applies to all settlements resolving claims asserted by L&E's clients that were part of the master settlement agreements submitted to this Court, without regard for whether those claims were pending in state court or no court at all. Accordingly, L&E's motion for a declaratory judgment is DENIED. That said, the dispute between L&E and Lead Counsel and the new motion filed by BCH, see supra note 2, raise the question of whether Order No. 42 should be clarified or otherwise modified (for example, to expand its application, if appropriate, to the full extent of the Court's jurisdiction and authority to impose common benefit fund assessments). The Court did not need to resolve the disagreements between L&E and Lead Counsel over the interpretation and scope of Order No. 42 only because L&E's clients invoked the Court's jurisdiction by voluntarily submitting their settlements to the Court. In the next dispute (perhaps BCH's), the Court may have to confront those issues - and, in any event, counsel and parties negotiating settlements should understand whether those settlements will be subjected to a common benefit fund assessment under Order No. 42. Counsel - including L&E and BCH - should confer and, within two weeks of this Memorandum Opinion and Order, submit a joint letter to the Court with respect to whether Order No. 42 should be clarified or modified and, in the event of disagreement, proposing a procedure to resolve the issue. The Clerk of Court is directed to terminate ECF No. 7204. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/08/2019) (ama)

November 8, 2019

Filing 375 ORDER: Upon reflection, in light of the Thanksgiving holiday, the deadlines set forth in ECF No. 7373 are modified as follows: any opposition to the Motion for Declaratory Judgment on Assessments for Missouri State-Court Filed and Unfiled Cases filed by Bailey Cowan Heckaman PLLC (the "Firm") shall be filed no later than November 19, 2019; the Firm shall file any reply by November 26, 2019. (Signed by Judge Jesse M. Furman on 11/8/2019) (ab)

November 7, 2019

Filing 374 ORDER with respect to [7368 in 14-md-2543] Motion for Declaratory Judgment. On November 5, 2019, Bailey Cowan Heckaman PLLC (the "Firm") filed a Motion for Declaratory Judgment on Assessments for Missouri State-Court Filed and Unfiled Cases. See 14-MD-2543, Docket No. 7368. Any opposition to the Firm's Motion by Lead Counsel, New GM, or otherwise shall be filed no later than two weeks from the date of this Order. The Firm's reply, if any, shall be filed no later than one week thereafter. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/7/19) (yv)

October 11, 2019

Filing 373 ORDER REGARDING NEXT STEPS FOR REMAINING WAVE THREE CLAIMS, The Court adopts the following schedule and procedures for the remaining Wave Three cases subject to one or more notices or motions under Order No. 160. By Friday, November 1, 2019, New GM may file on the main MDL and individual dockets a notice identifying Ms. Jessica Perry (Case No. 1:18-cv-1459) as a plaintiff who it believes should be dismissed on the basis of airbag deployment. By Friday, November 29, 2019, counsel for Ms. Perry shall file on the main MDL and individual dockets: (1) a notice of intent to voluntarily dismiss the claim; (2) a notice of intent to withdraw as counsel; or (3) a notice of intent to press Ms. Perry's claims, along with the factual basis as to why the plaintiff believes dismissal is not appropriate. 3. By Friday, December 6, 2019, if either of the first two options in Paragraph 2 is taken, Ms. Perry shall file on the main MDL and individual dockets a voluntary dismissal, or her counsel shall move to withdraw. If the third option in Paragraph 2 is taken, the parties shall meet and confer, and by Friday, December 13, 2019, shall file joint or competing letters proposing next steps for Ms. Perry's claims. Wave Three discovery schedule was extended by agreement such that (a) fact discovery depositions will begin on Thursday, January 9, 2020 and will be open until Friday, May 8, 2020; (b) plaintiffs' expert reports and reliance materials will be due on Friday, June 5, 2020; and (c) depositions of plaintiffs' experts will be taken by Friday, July 3, 2020. By Friday, July 10, 2020, the parties shall file joint or competing letters proposing next steps for Ms. Williams claims. On Friday, December 13, 2019, limited fact discovery shall commence as to the thirteen remaining Wave three plaintiffs whose claims New GM identified in its Statute of Limitations notice (Docket No. 6945). Discovery may include document requests, third-party subpoenas, and depositions, but only insofar as this discovery is related to New GM's statute of limitations defenses. This discovery period shall close on Thursday, February 13, 2020. By Friday, March 13, 2020, New GM may file on the main MDL and individual dockets a summary judgment motion or motions seeking dismissal of the thirteen Wave Three plaintiffs whose claims it identified in its Statute of Limitations notice (Docket No. 6946). By Friday, March 27, 2020, counsel for plaintiffs shall file on the main MDL and individual dockets their response(s) to New GM's motion(s) for summary judgment. By Friday, April 10, 2020, New GM shall file on the main MDL and individual dockets their reply or replies in support of their motion(s) for summary judgment. By Friday, November 22, 2019, New GM may file on the main MDL and individual dockets a summary judgment motion or motions seeking dismissal of the six Wave Three plaintiffs whose claims it identified in its Statute of Repose notice (Docket No. 6946). By Friday, December 6, 2019, counsel for plaintiffs shall file on the main MDL and individual dockets their response(s) to New GM's motion(s) for summary judgment. By Friday, December 20, 2019, New GM shall file on the main MDL and individual dockets their reply or replies in support of their motion(s) for summary judgment. SO ORDERED., (Deposition due by 7/3/2020., Discovery due by 2/13/2020., Fact Discovery due by 12/13/2019., Motions due by 3/13/2020., Responses due by 3/27/2020, Replies due by 4/10/2020.) (Signed by Judge Jesse M. Furman on 10/11/19) (yv)

October 8, 2019

Filing 372 ORDER: The status conference currently scheduled for December 12, 2019, is hereby ADJOURNED to December 18, 2019, at 9:30 a.m. EST. Counsel shall promptly update the MDL website accordingly. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/8/2019) ( Status Conference set for 12/18/2019 at 09:30 AM before Judge Jesse M. Furman.) (ks)

October 4, 2019

Filing 371 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE. Plaintiffs (See Exhibit "A"), by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Confidential Master Settlement Agreement entered into by the parties, hereby gives notice of their voluntary dismissal with prejudice of all their actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The Plaintiff listed on Exhibit "B" is not being dismissed at this time. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to docket this in the cases listed in Exhibit A and to terminate the plaintiffs listed in Exhibit A as parties in both 14-MD-2543 and their respective member cases. The Clerk of Court is further directed to close any member case listed in Exhibit A in which all plaintiffs have been terminated. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/3/19) (yv)

October 2, 2019

Filing 370 MEMO ENDORSEMENT granting (7213 in 14-md-2543) Motion for Order Permitting Submission of Memorandum and Declaration in Support of Motion to Withdraw Under Seal and In Camera in case 1:14-md-02543-JMF; granting (12 in 19-cv-6094) Motion for Order Permitting Submission of Memorandum and Declaration in Support of Motion to Withdraw Under Seal and In Camera in case 1:19-cv-06094-JMF. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 7213 and 19-CV-6094, ECF No. 12. (Signed by Judge Jesse M. Furman on 10/2/19) (yv)

September 27, 2019

Filing 369 ORDER. On September 27, 2019, Langdon & Emison, LLC, counsel to many Plaintiffs in this multidistrict litigation, filed a Motion for Declaratory Judgment on Assessments for State-Court Filed and Unfiled Cases. See 14-MD-2543, Docket No. 7204. Any opposition to the Firm's Motion by Lead Counsel, New GM, or otherwise shall be filed no later than two weeks from the date of this Order. Langdon & Emison, LLC's reply, if any, shall be filed no later than one week thereafter. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/27/19) (yv)

August 27, 2019

Filing 368 LETTER addressed to Judge Jesse M. Furman from D. Blayne Honeycutt dated 08/27/19 re: Notification Removal. Document filed by Blayne Honeycutt.(Honeycutt, David)

August 21, 2019

Filing 367 ORDER NO. 164: Consistent with the Courts comments and discussion with the parties at the status conference, by Thursday, September 12, 2019, New GM shall provide to Lead Counsel its proposal for addressing whether and to what extent the parties' submissions in connection with themotions for summary judgment, class certification, and Daubert can remain sealed or redacted. The parties must meet and confer by no later than Thursday, October 3, 2019, and submit a joint letter on this issue setting forth their position(s) by no later than Thursday, October 10, 2019. (And as further set forth in this Order.) SO ORDERED. (Motions due by 9/5/2019., Responses due by 10/7/2019, Replies due by 10/18/2019., Status Conference set for 12/12/2019 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/21/2019) (jca)

August 19, 2019

Filing 366 PRO SE MEMORANDUM(NOTICE OF EMAIL ADDRESS CHANGE), re: CHANGE OF ADDRESS for Sylvia Garcia. New Address: P.O. Box 972, Pharr, Texas, 78501. (sc)

August 6, 2019

Filing 365 OPINION AND ORDER: In the final analysis, the Court's task here is not to decide what makes sense as a matter of policy. Cf. MyFord Touch, 291 F. Supp. 3d at 971 (citing "policy reasons to afford Plaintiffs a reasonable opportunity to posit damages based on a more flexible approach to economic theory"). Nor is it even to evaluate whether Boedeker's analysis passes muster as a matter of economic theory. Instead, it is to apply the substantive law of each Bellwether State. As discussed, that law requires that benefit-of-the-bargain damages be calculated based on the difference in market value between the product as warranted and the product as sold and defines market value as the product of both a consumer's willingness to pay and a merchants willingness to sell, when neither are under any compulsion to do so. Applying that law, the Court is compelled to conclude that Boedeker's analysis does not, without more, suffice to prove that any of the Bellwether State Plaintiffs suffered benefit-of-the-bargain damages based on a difference in value. Because there is no more that is, Plaintiffs point to no other evidence from which a factfinder could find damages based on a difference in value there is an "absence of evidence" on an "essential element" of Plaintiffs' claims for such damages. Goenaga, 51 F.3d at 18. Accordingly, the Court must grant New GMs motion for summary judgment on the named Plaintiffs' claims to the extent they seek damages measured as the difference in value between their cars as bargained-for and their cars as received. In their various motion papers, the parties have briefed many other issues, including but not limited to the viability of various claims and/or other damages theories (such as Plaintiffs' bankruptcy-fraud claims, their claims for "lost time" damages' the claims of Plaintiffs who purchased Old GM or used vehicles, the claims of Plaintiffs who disposed of their vehicles before the recalls, and the claims of Plaintiffs whose vehicles are subject to "service parts" vehicle recalls), the effectiveness of New GMs recalls and repairs, the availability of injunctive relief, class certification, and the admissibility of certain experts' testimony. In light of the ruling above, however, the Court will refrain from reaching such issues pending discussion between and with the parties and, possibly, new briefing. It does so because the ruling almost certainly moots some of the remaining issues and, with respect to the issues that are not mooted (for example, class certification), the ruling changes the landscape in dramatic ways that may call for new briefing. On top of that, and given that changed landscape, it may well make sense for the parties to revisit the issue of settlement. And, of course, Plaintiffs may petition for certification of an interlocutory appeal. In short, even though the parties have spilled considerable ink briefing other issues, the Court concludes, as a matter of efficient case management, that it makes more sense to stop where it has than to go on.The parties should immediately meet and confer with respect to the implications of this Opinion and Order and be prepared to address the next steps for both this litigation and the pending motion to withdraw the bankruptcy reference in 19-CV-1852 (JMF) or, at a minimum, a process for determining the next steps at the status conference on August 15, 2019.18 The Clerk of Court is directed to docket this Opinion and Order in 14-MD-2543, 14-MC-2543, and 19-CV-1852, and to terminate 14-MD-2543, ECF Nos. 5845, 5854, 5858, 6062, 6065, 6067, 6069,6108, 6110, 6114, 6116, and 6118. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/6/2019) (jca)

April 29, 2019

Filing 364 ORDER NO. 163 [Regarding Modifications to Agreed Preservation Order Nos. 2-6]: The Court, having received and reviewed the parties' April 25, 2019 request to modify or withdraw the Agreed Preservation Orders governing New GM's obligations for maintaining and preserving recalled parts covered by certain National Highway Traffic Safety Administration ("NHTSA") Recall Campaigns (Docket No. 6708), HEREBY ORDERS, ADJUDGES, and DECREES that the following Agreed Preservation Orders shall be modified and/or withdrawn as follows: Agreed Preservation Order No. 2 (Docket No. 279) Withdrawn except as to the preservation obligations relating to parts covered by NHTSA Recall Campaigns 14V-118 and 14V-153, which remain operative; Agreed Preservation Order No. 3 (Docket No. 344) Withdrawn and dissolved in its entirety; Agreed Preservation Order No. 4 (Docket No. 403) Withdrawn and dissolved in its entirety; Agreed Preservation Order No. 5 (Docket No. 605) Withdrawn and dissolved in its entirety; and Agreed Preservation Order No. 6 (Docket No. 880) Withdrawn except as to the preservation obligations relating to parts covered by NHTSA Recall Campaigns 14V-346 and 14V-394, which remain operative. Should any party to this litigation object to the foregoing modifications and/or withdrawals, such objection(s) shall be filed on the main MDL docket within twenty-one (21) days of the entry of this Order, and shall specify the particular recall campaign preservation obligation that is the subject of the objection, as well as the basis for that objection. (Signed by Judge Jesse M. Furman on 4/29/2019) (ne)

April 12, 2019

Filing 363 LETTER from Marjorie Creamer, dated 4/8/19 re: Non-party Marjorie Creamer requests that the Court Clerk please file the attached copies of documents(as indicated) concerning her Motion for Entry of Default from the U.S. District Court for the District of Kansas. (sc) . (Additional attachment(s) added on 4/12/2019: #1 Exhibit) (sc). Modified on 4/12/2019 (sc).

April 8, 2019

Filing 362 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure and the Confidential Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the In re: General Motors Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate Mr. Phillips, listed on Exhibit A, as a plaintiff in his case. (Signed by Judge Jesse M. Furman on 4/8/2019) (jca)

March 8, 2019

Filing 361 ORDER NO. 162 [Regarding Next Steps For 18 Post-Sale Personal Injury Claims]: By Friday, March 15, 2019, New GM will provide Lead Counsel a list of plaintiffs it has identified as those it believes should be subject to dispositive motion practice in light of the Court's December 28, 2017 Opinion and Order. See In re GM LLC Ignition Switch Litig., 2017 WL 6729295, at *1 (S.D.N.Y. Dec. 28, 2017). By Friday, March 22, 2019, New GM and Lead Counsel shall submit a joint letter (and, if appropriate, a proposed order) with respect to how the Court should address the claims of those plaintiffs. By Friday, March 29, 2019, the parties are to meet and confer and provide the Court joint or competing lists of plaintiffs who may be eligible for Suggestion of Remand No. 1. By Monday, April 15, 2019, Lead Counsel and Counsel for New GM shall submit to the Court a joint letter addressing the parties' recommendations as to the proper venue for remand or transfer of each of the plaintiffs subject to Suggestion of Remand No. 1. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 3/8/2019) (ne)

March 6, 2019

Filing 360 ORDER NO. 161 [Regarding the March 1, 2019 Status Conference]: A status conference will be held Thursday, April 18, 2019, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments on the record at the status conference, the Economic Loss Plaintiffs must file their opposition to New GM's "Motion to Withdraw the Reference of Economic Loss Plaintiffs' Rule 23 Motion," No. 19-CV-1852 (JMF), Docket No. 1, by March 22, 2019. New GM shall file its reply by March 29, 2019. (Responses due by 3/22/2019, Replies due by 3/29/2019. Status Conference set for 4/18/2019 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/6/2019) (ne)

February 26, 2019

Filing 359 ORDER NO. 160 [Regarding Next Steps for Remaining Post-Sale Personal Injury Claims]: By Friday, May 31, 2019, each Wave Three plaintiff shall refile his or her complaint or an amended complaint in this Court and pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a), or be dismissed without prejudice. Targeted, case-specific fact discovery of Wave Three plaintiffs shall commence on Wednesday, May 1, 2019, and shall conclude by Friday, September 20, 2019. Wave Three plaintiffs shall present their expert witnesses for deposition on or before Monday, December 2, 2019. By Wednesday, July 10, 2019, New GM will file its motion to dismiss Wave Three claims that New GM believes should be dismissed for failure to state a claim. Plaintiffs desiring to amend their complaints will file amended complaints on their respective individual dockets by Monday September 23, 2019. By June 15, 2019, Plaintiffs shall depose New GM's experts. By Friday, April 19, 2019, New GM shall file any motions to exclude Plaintiffs' expert under Federal Rule of Evidence 702 and Daubert and for summary judgment on the issue "of whether an unintended ignition switch and/or key rotation could have and did occur prior to air bag deployment." The motions shall be supported by a single, consolidated memorandum of law not to exceed thirty-five pages. By Friday, May 17, 2019, Plaintiffs shall file any opposition, supported by a single, consolidated memorandum of law not to exceed thirty-five pages; By Friday, June 7, 2019, New GM shall file any reply, in the form of a single, consolidated memorandum of law not to exceed fifteen pages. (Admissions due by 9/23/2019. Deposition due by 12/2/2019. Fact Discovery due by 9/20/2019. Motions due by 7/10/2019. Responses due by 5/17/2019. Replies due by 6/7/2019.) (Signed by Judge Jesse M. Furman on 2/26/2019) (ne)

February 15, 2019

Filing 358 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the people in Exhibit A as plaintiffs in their cases and, if no plaintiffs remain, to close those cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/15/2019) (ne)

January 4, 2019

Filing 357 SCHEDULING ORDER: In light of the unavailability of Lead Counsel and the prospect that the Government shutdown may continue, the status conference scheduled for January 23, 2019 is hereby ADJOURNED to March 1, 2019 at 9:30 a.m. Counsel shall promptly update the MDL website to reflect the new date and time. In light of that adjournment, the deadline for the parties to submit a letter regarding next steps for personal injury plaintiffs, see Docket Nos. 6272, 6337, is hereby EXTENDED to February 22, 2019. SO ORDERED. (Status Conference set for 3/1/2019 at 09:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/4/2019) (jca)

December 14, 2018

Filing 356 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Lashauna Rosebure by and through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants in the above listed action. Costs taxed as paid. The Clerk of Court is directed to terminate Ms. Rosebure as plaintiff in both 14-MD-2543 and her respective member case, and in the event all other parties have been terminated, to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/2018) (ne)

December 13, 2018

Filing 355 ORDER NO. 159 [Regarding the End of the Bellwether Trial Process for Personal Injury and Wrongful Death Cases]: As far as the Court is concerned, the settlement of the last two bellwether cases set for trial brings to a close the bellwether trial process in the MDL. That said, the parties should meet and confer with respect to whether the Court should schedule any additional bellwether trials in light of the settlements. The parties should be prepared to address that issue and, more broadly, the next steps for the remaining cases in Phase 2, Category C - including but not limited to whether or when those cases should be remanded (or transferred) to their respective transferor court - at the next status conference, which is currently scheduled for January 23, 2019. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/12/2018) (ne)

November 28, 2018

Filing 354 ORDER NO. 158 [Regarding Application of the Court's Conclusions to the Fifth Amended Consolidated Complaint]: Accordingly, and for good cause shown, the Court ORDERS as follows: I. APPLICATION OF THE COURT'S CONCLUSIONS OF LAW TO THE 5ACC. A. Statutory Consumer Fraud Claims: Plaintiff Janelle Davis's statutory consumer fraud claim is dismissed with prejudice pursuant to the Court's September 12, 2018 order (Docket No. 6028), subject to Plaintiff's right to appeal. (See 5ACC Paragraph 152). B. Unjust Enrichment Claims: The following Plaintiffs' unjust enrichment claims are dismissed with prejudice pursuant to the Court's September 12, 2018 order (Docket No. 6028), subject to Plaintiffs' right to appeal. (Paragraph citations are to the 5ACC.) II. NO ANSWER TO THE 5ACC REQUIRED. No answer or other response to the 5ACC is required under the Court's prior orders. (See, e.g., Order No. 114 IV, Docket No. 3431; Order No. 131 Paragraph 12, Docket No. 4499; Docket No. 4522 (making clear that the only changes from the Fourth Amended Consolidated Complaint to the 5ACC were to substitute plaintiffs, not to substantively alter any allegations or claims)). SO ORDERED. (Signed by Judge Jesse M. Furman on 11/27/2018) (ne)

November 8, 2018

Filing 353 ORDER NO. 157 [Regarding the November 2, 2018 Status Conference]: The Court, having held a status conference on November 2, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' October 26, 2018 tentative agenda letter and the Court's November 1, 2018 Order (Docket Nos. 6220, 6250), issues this Order to memorialize the actions taken and rulings made at the status conference. I. NEXT STATUS CONFERENCE: A status conference will be held Wednesday, January 23, 2019, at 9:00 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Upon reflection, the Court agrees with Lead Counsel that it is appropriate to set at least a tentative date for the economic loss bellwether trial. Unless and until the Court orders otherwise, trial will begin on Monday, January 13, 2020, at 9:00 a.m. (For now, the Court is allotting a maximum of five weeks for the trial.) The parties should be prepared to address at a future status conference a proposed schedule for pretrial deadlines. V. SETTLEMENT: Consistent with the Court's comments at the Status Conference, the parties should continue to keep the Court apprised of developments regarding settlement. SO ORDERED. (Jury Trial set for 1/13/2020 at 09:00 AM before Judge Jesse M. Furman., Status Conference set for 1/23/2019 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/8/2018) (ne)

October 4, 2018

Filing 352 ORDER NO. 156 [Regarding Next Steps for Pre-Sale Non-Ignition Switch Plaintiffs Subject to Order No. 148 Motions or Notices]: On June 22, 2018, the Court entered Order No. 152, directing Lead Counsel and counsel for New GM to meet and confer and submit joint or competing letters to the Court regarding next steps for certain Pre-Sale plaintiffs who filed amended and severed complaints pursuant to the Order No. 148 motions and notices process. (See Order No. 152, Docket No. 5789, at Paragraph 4.) On September 26, 2018, after meeting and conferring, Lead Counsel and counsel for New GM submitted a joint letter proposing next steps for these plaintiffs. The Court hereby adopts and orders the following procedures. 2. "No Plausibly Pleaded Defect/Causation" Cases: By Wednesday, December 5, 2018, with respect to the Pre-Sale Non-Ignition Switch Plaintiffs' operative complaints, New GM may file on the main MDL docket motions to dismiss the claims of those Pre-Sale Non-Ignition Switch Plaintiffs (if any) that New GM believes fail to state a claim under Federal Rule of Civil Procedure 12(b)(6). By Wednesday, January 9, 2019, counsel for Pre-Sale Non-Ignition Switch Plaintiffs included in the motions shall file on the main MDL docket (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims (specifically identifying which plaintiffs intend to amend their complaints). By Tuesday, January 29, 2019, those Pre-Sale Non-Ignition Switch Plaintiffs who agree to dismiss their claims will file voluntary dismissals, and counsel for Pre-Sale Non-Ignition Switch Plaintiffs who intend to withdraw will file motions to withdraw. 3. Statute of Limitations/Repose Cases: By Wednesday, December 5, 2018, with respect to the Pre-Sale Non-Ignition Switch Plaintiffs' operative complaints, New GM may file on the main MDL docket a notice identifying which claimants (if any) it believes are barred by the applicable statutes of limitation or repose. By Wednesday, January 9, 2019, counsel for Pre-Sale Non-Ignition Switch Plaintiffs included in the notice shall file on the main MDL docket (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the basis as to why those plaintiffs believe their claims are not barred. By Tuesday, January 29, 2019, those Pre-Sale Non-Ignition Switch Plaintiffs who agree to dismiss their claims will file voluntary dismissals, and counsel for Pre-Sale Non-Ignition Switch Plaintiffs who intend to withdraw will file motions to withdraw. (As further set forth in this order) SO ORDERED. (Motions due by 1/29/2019.) (Signed by Judge Jesse M. Furman on 10/4/2018) (ne)

September 12, 2018

Filing 351 OPINION AND ORDER: In short, for all jurisdictions in dispute, the Court finds that manifestation is not required to bring statutory consumer protection, common-law fraud, and implied warranty claims. Second, for all but six of the jurisdictions in dispute, the Court finds that Plaintiffs may recover lost-time damages where "lost time" is understood as lost earnings or its equivalent, but not where "lost time" is understood as "lost personal time." In Colorado, New York, Ohio, Utah, Virginia, however, Plaintiffs may also recover lost personal time under the states' consumer protection statutes, and in Oklahoma, Plaintiffs may recover lost personal time for all claims. Finally, in every one of the ten still-disputed jurisdictions other than Connecticut, a plaintiff may plead unjust enrichment in the alternative only where the validity or enforceability of a contract is in question, and in seven out of the ten jurisdictions (all but Connecticut, New Hampshire, and Rhode Island), a plaintiff may not maintain an unjust enrichment claim if he or she has an adequate remedy at law. Attached as Exhibit A is a chart summarizing the Court's conclusions of law for all jurisdictions. The parties are directed to meet and confer and, within thirty days of the date of this Opinion and Order, shall jointly submit a stipulation and proposed order applying the Court's conclusions to the Plaintiffs and claims in the 5ACC. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/12/2018) (ne)

August 27, 2018

Filing 350 ORDER NO. 154 [Regarding the August 12, 2018 Status Conference]: The Court, having held a Status Conference on August 21, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' August 17, 2018 tentative agenda letter and the Court's August 20, 2018 Order (Docket Nos. 5942, 5946), issues this Order to memorialize the actions taken and rulings made at the Status Conference. I. NEXT STATUS CONFERENCE: A Status Conference will be held Friday, November 2, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. III. PERSONAL INJURY SUCCESSOR LIABILITY ISSUES: Consistent with the Court's comments at the Status Conference, the Court adopts the following schedule as next steps for personal injury successor liability issues: (i) by Friday, November 9, 2018, New GM will submit its opening brief, not to exceed 35 (double-spaced) pages, on the choice-of-law, domination and control, and implied liability issues raised by plaintiffs (Docket Nos. 5083, 5631); (ii) by Tuesday, December 18, 2018, plaintiffs will submit their consolidated response, not to exceed 35 (double-spaced) pages; (iii) by Friday, January 4, 2019, counsel for individual plaintiffs may file supplemental responses with leave of Court for good cause shown; and (iv) by Friday, January 25, 2019, New GM will submit its reply, not to exceed 15 (double-spaced) pages. VII. ECONOMIC LOSS EXPERT ISSUES: Consistent with the Court's comments at the Status Conference, the parties shall meet and confer by Monday, September 3, 2018 regarding the sur-rebuttal expert reports to be served by plaintiffs consistent with the Court's August 21, 2018 Order (Docket No. 5952). If the parties cannot resolve their dispute, New GM shall file a letter motion no later than Tuesday, September 4, 2018, and Lead Counsel will file their opposition by Wednesday, September 5, 2018. Further, by Wednesday, November 14, 2018, the parties shall submit a joint letter providing their position(s) on the necessity of a Daubert hearing. (Motions due by 11/9/2018, Responses due by 12/18/2018, Replies due by 1/25/2019. Status Conference set for 11/2/2018 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/27/2018) (ne)

July 30, 2018

Filing 349 ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled for August 17, 2018, is ADJOURNED to August 21, 2018, at 9:30 a.m. Counsel shall promptly update the MDL website with the new time. SO ORDERED. (Status Conference set for 8/21/2018 at 09:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/30/2018) (ne)

July 19, 2018

Filing 348 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the plaintiff listed in Exhibit A as a party in 14-MD-2543 and 15-CV-4142. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/18/2018) (ne) Modified on 10/11/2018 (ne).

June 6, 2018

Filing 347 ORDER NO. 150 [Regarding the May 31, 2018 Status Conference]: A Status Conference will be held Friday, August 17, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (The Court notes that that date is different from the date discussed at the status conference, as one of Co-Lead Counsel is unavailable on the date previously selected and the Court has been advised that all counsel are available on August 17, 2018. Counsel shall promptly update the MDL website with the new date.) Consistent with the Court's comments as the Status Conference, by Thursday, June 14, 2018, the parties shall submit a joint letter or competing letters (not to exceed five single-spaced pages each) regarding the implications for the MDL of the Court's May 29, 2018 Opinion and Order regarding certain bankruptcy appeals. (Docket No. 5618). Consistent with the Court's comments at the Status Conference, the parties should meet and confer on which of the remaining 35 jurisdictions would apply the law of Delaware or New York and report back and propose next steps on the following schedule: by Friday, July 13, 2018, New GM will provide economic loss and personal injury plaintiffs with a list of: jurisdictions among the 35 not previously addressed by the Court with choice-of-law rules that would select Delaware or New York law. By Friday, July 27, 2018, plaintiffs will provide to New GM their position on GM's list and legal conclusions. By Friday, August 3, 2018, the parties will meet and confer. By Friday, August 10, 2018, if any states remain in dispute, plaintiffs and New GM will report back to the Court and propose next steps, and as further set forth herein. (Signed by Judge Jesse M. Furman on 6/6/2018) (ras)

June 1, 2018

Filing 346 NOTICE of Occurance Of Bankruptcy Effective Date And Request For Dismissal. Document filed by Takata Corporation, TK Holdings, Inc., Takata Seat Belts, Inc.. (Attachments: #1 Exhibit A - Notice of Occurance of Effective Date of Fifth Amended Joint Chapter 11 Plan of Reorganization of TK Holdings Inc. and Its Affliated Debtors)(Scully, Daniel)

May 29, 2018

Filing 345 OPINION AND ORDER [Regarding Certain Plaintiffs' and New GM's Bankruptcy Appeals]: The Court affirms the orders and judgments of the Bankruptcy Court in part and vacates and remands them in part. More specifically, the Court holds that: The Bankruptcy Court's conclusion that New GM judicially admitted liability for Pillars's claim by quoting from the Original Sale Agreement in its notice of removal and answer is VACATED, (15-CV-8432), and its determination that only plaintiffs with the Ignition Switch Defect in a Subject Vehicle are Ignition Switch Plaintiffs is AFFIRMED, (17-CV-6196); The Bankruptcy Court's holding that the Fraudulent Concealment Claims, as defined above, are not Independent Claims and therefore cannot pass through the bankruptcy gate is VACATED, (16-CV-0098, 16-CV-0501, and 16-CV-0512); The Bankruptcy Court's decision that plaintiffs without the Ignition Switch Defect are not barred by the November 2015 Imputation Decision and December 2015 Judgment from pursuing Independent Claims against New GM and that the Pitterman Plaintiffs properly asserted Independent Claims against New GM is AFFIRMED, (17-CV-6120); The Bankruptcy Court's conclusions that it is law of the case that New GM did not contractually assume liability for punitive damages claims based on Old GM conduct and that punitive damages against New GM based on Old GM conduct are not available as a matter of federal bankruptcy law are AFFIRMED, (17-CV-6083, 17-CV-6088, and 17-CV-8294); The Bankruptcy Court's determination that used car purchasers without the Ignition Switch Defect are bound by the Sale Order to the same extent as their predecessors in interest and may not bring claims against New GM based on Old GM conduct is VACATED, (17-CV-6083, 17-CV-6088, 17-CV-6284, and 17-CV-6289); and The Bankruptcy Court's holding that Reichwaldt is barred by res judicata and law of the case from seeking punitive damages against New GM based on Old GM conduct is AFFIRMED, (17-CV-8294). The parties to the MDL proceedings should be prepared to address the implications of these holdings on the MDL at the status conference on May 31, 2018 or, to the extent that the parties need more time to digest the holdings, should be prepared, at a minimum, to discuss the means and schedule for addressing the implications of the Court's holdings. The Clerk of Court is directed to docket this Opinion and Order in each case referenced in the caption as well as (given the significance of this ruling to the MDL generally) in 14-MD-2543 and 14-MC-2543. Additionally, the Clerk of Court is directed close the following cases: 15-CV-8432, 17-CV-6120, 17-CV-6083, 17-CV-6088, 17-CV-6284, 17-CV-6196, 17-CV-6289, 16-CV-0098, 16-CV-0501, 16-CV-0512, and 17-CV-8294. (Signed by Judge Jesse M. Furman on 5/29/2018) (ras)

May 22, 2018

Filing 344 VOLUNTARY STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO TERRI DUNLAP, ON BEHALF OF THE CLASS OF MEMBERS OF THE DECEASED, ANTHONY DUNLAP: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims and causes of action against Defendant General Motors, LLC, including but not limited to the actions listed in the attached Exhibit A. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi-District Litigation. The Clerk of Court is directed to terminate the plaintiff listed on Exhibit A as a party in this case. (Signed by Judge Jesse M. Furman on 5/21/2018) (ras)

May 17, 2018

Filing 343 VOLUNTARY STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO MICHAEL SAUSEDA: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims and causes of action against Defendant General Motors, LLC, including but not limited to the actions listed in the attached Exhibit A. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi-District Litigation. The Clerk of Court is directed to terminate Michael Sauseda as a party in this case. Michael Sauseda (Individually) terminated. (Signed by Judge Jesse M. Furman on 5/17/2018) (kgo)

May 17, 2018

Filing 342 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants in the actions listed in the attached Exhibit A. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in MDL No. 2543. The Clerk of Court is directed to terminate the plaintiffs listed on Exhibit A as parties in their cases. Richard Carver, Amy Giannakakis, Rosalyn Granger, Brenda Isom, Janice Smith, Carolyn Bailey (Individually ) and Brenda Carter terminated. (Signed by Judge Jesse M. Furman on 5/16/2018) (kgo)

May 4, 2018

Filing 341 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Order No. 140, (Docket No. 4967) and Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Bailey Peavey Bailey Cowan Heckaman PLLC (formerly Bailey Peavy Baily LLP) and Co-Counsel (if applicable and identified in Exhibit A)(together hereinafter the "Firms") jointly represent the individual Plaintiffs listed on Exhibit A in the multi-party captioned litigation and hereby give notice of the voluntary dismissals without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on Exhibit B have not yet been dismissed and remain as active cases in MDL No. 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties in their cases, and in the event all other parties have been terminated in a case, to close the case. (Signed by Judge Jesse M. Furman on 5/3/2018) (ras) Modified on 5/7/2018 (ras).

April 30, 2018

Filing 340 NOTICE of Automatic Stay. Document filed by Takata Corporation. (Attachments: #1 Exhibit A - Order Granting Final Relief for Recognition of Foreign Main Proceedings)(Scully, Daniel)

April 25, 2018

Filing 339 MEMORANDUM OPINION AND ORDER [Regarding New GM's Motion for Partial Reconsideration of the Court's December 19, 2017 Order and Opinion on Successor Liability] re: (4936 in 1:14-md-02543-JMF) MOTION for Reconsideration re; (4888) Memorandum & Opinion filed by General Motors LLC. The Court concludes that Plaintiffs cannot demonstrate continuity of ownership within the meaning of New York law, and thus cannot advance successor liability claims in any state where New York law applies. It follows that New GM's motion for partial reconsideration must be and is GRANTED and that the successor liability claims of Plaintiffs from Texas and Virginia must be and are DISMISSED. See Dec. 19, 2017 Op., 2017 WL 6509256, at *7 (holding that Texas and Virginia apply New York Law); Aug. 3, 2017 Op., 2017 WL 3382071, at *19 (same). The Clerk of Court is directed to terminate Docket No. 4936. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/25/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(anc)

April 17, 2018

Filing 338 ORDER NO. 149 [Regarding Withdrawal of Representation by the Firms as to Certain Plaintiffs] terminating (5111) Motion to Withdraw as Attorney; terminating (5124) Motion to Withdraw as Attorney; terminating (5132) Motion to Withdraw as Attorney; terminating (5137) Motion to Withdraw as Attorney; terminating (5150) Motion to Withdraw as Attorney, in case 1:14-md-02543-JMF; terminating (565) Motion to Withdraw as Attorney, in case 1:14-cv-05810-JMF; terminating (772) Motion to Withdraw as Attorney, in case 1:14-cv-08176-JMF; terminating (197) Motion to Withdraw as Attorney, in case 1:15-cv-00550-JMF; terminating (178) Motion to Withdraw as Attorney, in case 1:15-cv-00761-JMF; terminating (174) Motion to Withdraw as Attorney, in case 1:15-cv-01794-JMF; terminating (199) Motion to Withdraw as Attorney, in case 1:15-cv-02644-JMF; terminating (163) Motion to Withdraw as Attorney, in case 1:15-cv-03592-JMF; terminating (167) Motion to Withdraw as Attorney, in case 1:15-cv-03702-JMF; terminating (189) Motion to Withdraw as Attorney, in case 1:15-cv-04142-JMF; terminating (160) Motion to Withdraw as Attorney, in case 1:15-cv-04647-JMF; terminating (171) Motion to Withdraw as Attorney, in case 1:15-cv-05222-JMF; terminating (165) Motion to Withdraw as Attorney, in case 1:15-cv-06578-JMF; terminating (120) Motion to Withdraw as Attorney, in case 1:15-cv-07412-JMF; terminating (355) Motion to Withdraw as Attorney, in case 1:15-cv-08324-JMF; terminating (112) Motion to Withdraw as Attorney, ; terminating (115) Motion to Withdraw as Attorney. in case 1:16-cv-00925-JMF; terminating (89) Motion to Withdraw as Attorney, in case 1:16-cv-01173-JMF; terminating (99) Motion to Withdraw as Attorney, in case 1:16-cv-01944-JMF; terminating (102) Motion to Withdraw as Attorney, in case 1:16-cv-02047-JMF; terminating (103) Motion to Withdraw as Attorney, in case 1:16-cv-03105-JMF; terminating (99) Motion to Withdraw as Attorney, in case 1:16-cv-05491-JMF; terminating (92) Motion to Withdraw as Attorney, in case 1:16-cv-05947-JMF; terminating (63) Motion to Withdraw as Attorney, in case 1:16-cv-07420-JMF; terminating (56) Motion to Withdraw as Attorney, in case 1:16-cv-10041-JMF; terminating (61) Motion to Withdraw as Attorney, in case 1:17-cv-00482-JMF; terminating (41) Motion to Withdraw as Attorney, in case 1:17-cv-06858-JMF. It is hereby ORDERED that: The Firms' Motions are hereby GRANTED, substantially for the reasons set forth in their memoranda of law and supporting declarations (some of which were filed under seal because they reveal confidential attorney-client communications and strategy). (See e.g., MDL Docket Nos. 4991 and 4992)...Each of the Affected Plaintiffs is hereby ordered to file, in the form of a new lawsuit, an amended and severed complaint in the United States District Court for the Southern District of New York within ninety (90) days that is, July 16, 2018 and to pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a)...The Clerk of Court is directed to terminate: 14-CV-5810, Docket No. 565; 14-CV-8176, Docket No. 772; 14-MD-2543, Docket Nos. 5111, 5124, 5132, 5137, 5150; 15-CV-0550, Docket No. 197; 15-CV-0761, Docket No. 178; 15-CV-1794, Docket No. 174; 15-CV-2644, Docket No. 199; 15-CV-3592, Docket No. 163; 15-CV-3702, Docket No. 167; 15-CV-4142, Docket No. 189; 15-CV-4647, Docket No. 160; 15-CV-5222, Docket No. 171; 15-CV-6578, Docket No. 165; 15-CV-8324, Docket No. 355; 16-CV-0925, Docket Nos. 112, 115; 16-CV-1173, Docket No. 89; 16-CV-1944, Docket No. 99; 16-CV-2047, Docket No. 102; 16-CV-3105, Docket No. 103; 16-CV-5491, Docket No. 99; 16-CV-5947, Docket No. 92; 16-CV-7420, Docket No. 63; 16-CV-10041, Docket No. 56; 17-CV-0482, Docket No. 61; 17-CV-6858, Docket No. 41; and 15-CV-7412, Docket No. 120. (Signed by Judge Jesse M. Furman on 4/16/2018) (ras)

April 12, 2018

Filing 337 ORDER NO. 148 [AMENDED] [Regarding Next Steps For Pre-Sale Personal Injury Claims]: It is hereby ORDERED that: By Friday, April 13, 2018, General Motors LLC ("New GM") will file on the main MDL docket a list of pre-Sale plaintiffs that it has currently identified as ones it believes should be dismissed in light of the Court's December 28, 2017 Opinion and Order. See In Re General Motors LLC Ignition Switch Litig., 2017 WL 6729295, at *1 (S.D.N.Y., Dec. 28, 2017)...By Friday, April 13, 2018, New GM will file its motion to dismiss claims that New GM believes should be dismissed for failure to state a claim...If New GM files a motion to dismiss with prejudice, any opposition shall be filed two weeks after the motion's filing. New GM's reply, if any, shall be filed one week thereafter. Counsel is advised to file all documents related to motions to dismiss pursuant to Order Nos. 25 and 45 in 14-MD-2543 and to "spread" the filings to any relevant individual member case or cases, and as further set forth herein. (Signed by Judge Jesse M. Furman on 4/10/2018) (ras)

April 12, 2018

Filing 336 ORDER granting #183 Motion to Seal Document. On February 26, 2018, the Court granted the Firms' Motion to Withdraw. (MDL Docket No. 5108 ("Order No. 142")). It has come to the Court's attention that the Court neither terminated the Firms' Motion to Withdraw in the main or member case dockets nor addressed the Firms' Motions to Seal their Memorandum and Declaration in Support of their Motion to Draw. The Court now grants the Firms' Motions to Seal. It has also come to the Court's attention that the Court should have terminated two other outstanding motions in the GM litigation: first, a motion to withdraw as counsel that was inadvertently filed twice in a member docket on October 18, 2017 (see 14-CV-5810, Docket Nos. 506, 510) and was granted on November 27, 2017 (14-MD-2543, Docket No. 4840 ("Order No. 137"); second a Motion to Seal Plaintiffs' Third Amended Complaint, which was filed on December 16, 2015 (14-MC-2543, Docket No. 183; 14-MD-2543, Docket No. 1898) and granted on January 14, 2016 (14-MD-2543, Docket No. 2103). In light of the foregoing, the Clerk of Court is directed to terminate the following open motions: 14-MD-2543, Docket Nos. 4989, 4990; 14-MC-2543, Docket No. 183; 14-CV-5810, Docket Nos. 506, 547, 548; 14-CV-8176, Docket Nos. 756, 757; 14-CV-10023, Docket Nos. 229, 230; 15-CV-4142, Docket Nos. 168, 169; and 15-CV-6578, Docket Nos. 144, 145. (Signed by Judge Jesse M. Furman on 4/12/2018) (ras)

April 12, 2018

Transmission to Sealed Records Clerk. Transmitted re: #336 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (ras)

April 10, 2018

Filing 335 ORDER NO. 148 [Regarding Next Steps For Pre-Sale Personal Injury Claims]: By Friday, April 13, 2018, New GM will file its motion to dismiss claims that New GM believes should be dismissed for failure to state a claim. By Monday, May 21, 2018, those plaintiffs who agree to dismiss will file voluntary dismissals, and counsel for plaintiffs who intend to withdraw will file motions to withdraw....Counsel is advised to file all documents related to motions to dismiss pursuant to Order Nos. 25 and 45 in 14-MD-2543 and to "spread" the filings to any relevant individual member case or cases, and as further set forth herein. (Signed by Judge Jesse M. Furman on 4/10/2018) (ras)

April 5, 2018

Filing 334 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser and Robert C. Hilliard dated April 5, 2018 re: Status of Non-ISD Plaintiffs. Document filed by GM Ignition Switch MDL Plaintiffs.(Cabraser, Elizabeth) Modified on 4/6/2018 (db).

April 4, 2018

Filing 333 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiff, Joy Carta, through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby gives notice of her voluntary dismissal with prejudice of all her actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit A will remain pending in the civil action affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's action. The Clerk of Court is directed to terminate Joy Carta as a party in the case. (Signed by Judge Jesse M. Furman on 4/4/2018) (ras)

April 3, 2018

Filing 332 MEMORANDUM OPINION AND ORDER: re: (4679 in 1:14-md-02543-JMF) MOTION for Summary Judgment Against Plaintiffs' Claims for Benefit-of-the-Bargain Damages filed by General Motors LLC. Accordingly, New GM's motion for summary judgment as to Plaintiffs' claims for benefit-of-the-bargain damages is DENIED without prejudice. Counsel should confer on whether and how the motion should be renewed and be prepared to address that question at a future status conference. The Clerk of Court is directed to terminate Docket No. 4679. And as set forth herein. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/03/2018) (ama)

March 29, 2018

Filing 331 ORDER NO. 147 [Regarding the March 22, 2018 Status Conference]: A Status Conference will be held Thursday, May 31, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York....Consistent with the Court's comments at the Status Conference, the parties should continue to keep the Court apprised of developments regarding settlement, and as further set forth herein. (Signed by Judge Jesse M. Furman on 3/29/2018) (ras)

March 29, 2018

Filing 330 ORDER NO. 146 [Regarding Next Steps for Certain Plaintiffs Subject to Order No. 140 Notices]: By Monday, April 30, 2018, each of the plaintiffs in Exhibit A shall (1) for plaintiffs whose claims are not pending in a consolidated or multiple-plaintiff complaint, file an amended complaint; or (2) for plaintiffs whose claims are pending in a consolidated or multiple-plaintiff complaint, file in this District, in the form of a new lawsuit, an amended and severed complaint and shall pay the filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a). Any such dismissal without prejudice will convert to a dismissal with prejudice upon a second notice of non-compliance filed by New GM without further notice or hearing unless any such dismissed plaintiff in Exhibit A refiles his or her amended complaint and pays the required filing fee by Wednesday, May 30, 2018. By Friday, May 25, 2018, Lead Counsel will file a consolidated summary judgment opposition brief on behalf of the plaintiffs subject to New GM's motion for summary judgment. Individual counsel for any plaintiff in Exhibit B may file a supplemental opposition with leave of Court (for good cause shown) by Friday, June 1, 2018. By Friday, June 15, 2018, New GM will file a consolidated reply...Within two weeks of the first date upon which any plaintiff subject to Paragraph 1 or 3 of this Order (relating to the filing of amended and severed complaints in certain cases) is dismissed with prejudice, Lead Counsel and counsel for New GM shall meet and confer and submit joint or competing letters to the Court proposing the next steps for plaintiffs who filed amended and severed complaints pursuant to this Order, including whether such cases should remain in the MDL. (Signed by Judge Jesse M. Furman on 3/29/2018) (ras)

March 28, 2018

Filing 329 ORDER NO. 145 [Regarding the Selection and Scheduling of Category C Replacement Early Trial Candidates for Bellwether Trial Nos. 12 and 13]: Pursuant to the procedures set forth in MDL Order No. 141 (MDL Docket No. 5074), Lead Counsel and New GM have submitted competing letter briefs regarding which two of the Discovery Pool Category C Replacement Cases the Court should select to be tried as Bellwether Trial Nos. 12 and 13. (MDL Docket Nos. 5291, 5292). The Court has reviewed the parties' submissions and hereby selects the following two cases: Michelle Roden v. General Motors LLC, 17-CV-5984 (one of Lead Counsel's picks), and Genita McKnight v. General Motors LLC, 16-CV-0925 (one of New GM's picks). No later than April 13, 2018, Genita McKnight shall file an amended and severed complaint in accordance with Order No. 144 (MDL Docket No. 5296). Otherwise, the deadlines set forth in Order No. 141 remain in effect. (Signed by Judge Jesse M. Furman on 3/28/2018) (ras)

March 27, 2018

Filing 328 ORDER NO. 144 [Regarding the Filing of Amended and Severed Complaints]: At the Court's direction, certain plaintiffs ("Amending Plaintiffs") who had previously been named in omnibus or consolidated complaints or whose attorneys withdrew as counsel have been required, or will be required, to file amended and severed complaints as new cases in this Court. (See e.g., MDL Docket No. 5074 ("Order No. 141"), paragraph 8; MDL Docket No. 4840 ("Order No. 137"), paragraph 3; MDL Docket No. 5108 ("Order No. 142"), paragraph 2). Per the Court's Orders, each Amending Plaintiff is required to file with his or her new complaint a Related Case Statement, available at www.nysd.uscourts.gov/forms.php, identifying the new lawsuit as related to these proceedings (In General Motors Ignition Switch Litigation, 14-MD-2543 (JMF)). To facilitate the assignment of these new cases to the undersigned for inclusion in the MDL and the orderly termination of Amending Plaintiffs from their initial dockets (as of the date of the newly filed amended and severed complaint), each Amending Plaintiff shall (1) prominently note in the Related Case Statement that he or she is an existing plaintiff in an existing case, citing the case name and docket number of that case; (2) reference in the Related Case Statement the MDL Order pursuant to which he or she is filing an amended and severed complaint; and (3) attach as an exhibit to the Related Case Statement a copy of the original complaint in which the Amending Plaintiff is already associated. If the Court grants a motion to withdraw as counsel and a plaintiff will be proceeding pro se and be required to file an amended and severed complaint, withdrawing counsel shall promptly serve a copy of this Order on those plaintiffs and file proof of such service. (Signed by Judge Jesse M. Furman on 3/27/2018) (ras)

March 23, 2018

Filing 327 ORDER NO. 143 [Regarding Procedures for Responses to Pending Motions to Withdraw Filed in Response to Order No. 140 and Procedures for Responses to Any Such Future Motions to Withdraw]: Any opposition to the Firms' Motions - by the Affected Plaintiffs themselves, New GM, or otherwise - shall be filed no later than twenty-one (21) days from the date of this Order (that is, by Friday, April 13, 2018). The Firms reply, if any, shall be filed as a consolidated reply no later than seven (7) days thereafter (that is, by Friday, April 20, 2018), and as further set forth herein. (Signed by Judge Jesse M. Furman on 3/23/2018) (ras)

February 27, 2018

Filing 326 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants in the actions listed in the attached Exhibit A. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 2/27/2018) (ras)

February 27, 2018

Filing 325 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Order No. 140 (Docket No. 4967) Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the following Plaintiffs listed in the attached Exhibit A, by and through counsel of record, hereby give notice of the voluntary dismissals without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on Exhibit B have not yet been dismissed and remain as active cases in MDL No. 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 2/27/2018) (ras)

February 26, 2018

Filing 324 ORDER NO. 142 [Regarding Withdrawal of Representation by Hilliard-Henry as to Certain Plaintiffs]: It is hereby ORDERED that: 1. As a condition of withdrawal, the Firms shall, no later than March 2, 2018, serve upon each of the Affected Plaintiffs (1) a copy of the "Notice to Certain Plaintiffs in General Motors Ignition Switch Litigation" attached hereto as Exhibit B; (2) a copy of this Order; and (3) a copy of this Court's Individual Rules and Practices for Pro Se Cases, which is attached to this Order as Exhibit C. The Firms shall file proof of such service no later than March 5, 2018. Each of the Affected Plaintiffs is hereby ordered to file, in the form of a new lawsuit, an amended and severed complaint in the United States District Court for the Southern District of New York within ninety (90) days that is, by May 24, 2018 and to pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a). New GM shall promptly serve Affected Plaintiffs with any Order issued by the Court that may affect their rights and file proof of such service. (Signed by Judge Jesse M. Furman on 2/26/2018) (ras)

February 26, 2018

Filing 323 PARTIES' STIPULATION AND AGREEMENT CONCERNING UNJUST ENRICHMENT, INCIDENTAL DAMAGES (LOST TIME), AND MANIFEST DEFECT FOR THE 35 JURISDICTIONS THAT HAVE NOT BEEN THE SUBJECT OF DISMISSAL MOTION PRACTICE PURSUANT TO ORDER NO. 131: Pursuant to Order No. 131 (Docket No. 4499) and the Court's December 26, 2017 letter order (Docket No. 4902), plaintiffs and defendant General Motors LLC ("New GM") have met and conferred regarding applying the Court's prior motion to dismiss opinions on the issues of (i) unjust enrichment, (ii) incidental damages (lost time) and (iii) manifest defect (the "Order No. 131 Issues") to the jurisdictions that have not been the subject of such motion practice. Pursuant to the Court's December 26, 2017 letter order, plaintiffs and defendant General Motors LLC ("New GM") are to file "a joint submission as to Order No. 131 Issues on which they have reached agreement." Attached as Exhibit A is a chart containing the positions to which the parties stipulate and agree as well as the issues which are disputed, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 2/26/2018) (ap)

February 22, 2018

Filing 322 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby give notice of the voluntary dismissal without prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants in the actions listed in the attached Exhibit A. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in MDL No. 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. SO ORDERED. Patricia Grice, Rico Malone, Rico Malone, Tiffany Reese, Tiffany Reese, Bryan Rittgers, Bryan Rittgers, Nicole Rude, Nicole Rude, Roger Stewart, Roger Stewart, Donita Dudley and Donita Dudley terminated. (Signed by Judge Jesse M. Furman on 2/22/2018) (ama) Modified on 2/22/2018 (ama).

February 20, 2018

Filing 321 ORDER NO. 141 [Regarding Next Steps for the Post-Sale Production Part and Service Part and Category C Personal Injury and Wrongful Death Cases]: Targeted, case-specific fact discovery of Wave One plaintiffs shall commence on Monday, February 26, 2018, and shall conclude by Thursday, August 2, 2018. Wave One plaintiffs shall present their expert witnesses for deposition on or before Friday, October 5, 2018. Fact discovery in the Category C Replacement Early Trial Candidates will commence on the date the Court makes its selection for the two bellwether trials and will conclude no later than Monday, July 16, 2018. Expert discovery in the Category C Replacement Early Trial Candidates will take place as follows: Lead Counsel shall disclose their expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Friday, August 17, 2018. Lead Counsel shall present their expert witnesses for deposition on or before Friday, September 14, 2018. New GM shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 2(a)(2)(B) on or before Friday, September 28, 2018. New GM shall present its expert witnesses for deposition on or before Friday, October 19, 2018. Absent good cause, no rebuttal expert reports shall be permitted. Expert discovery for the Category C Replacement Early Trial Candidates shall conclude by Friday, October 19, 2018. By Friday, October 12, 2018, the parties will meet and confer and submit a joint proposed order regarding deadlines for submitting any Daubert motions, dispositive motions, and motions in limine for Bellwether Trial Nos. 12 and 13. By that same date, the parties should submit joint or competing letters addressing the order of trials and setting forth the parties' supporting rationales for their proposed orders. The Court will then designate the order of the Category C Replacement Early Trial Candidates. Bellwether Trial Nos. 12 and 13 will commence on January 28, 2019 and March 25, 2019, respectively. (Signed by Judge Jesse M. Furman on 2/20/2018) (ras)

February 16, 2018

Filing 320 MEMO ENDORSEMENT denying (5064 in case 1:14-md-02543-JMF) Motion to Seal. ENDORSEMENT: Application DENIED. The Court sees no reason or basis to keep the letter under its seal in its entirety. The Court is prepared to redact any discussion of what occurred during the mediation with Mr. Black, to preserve the confidentiality of settlement discussions, but there is no basis or need to redact or seal information beyond that (including, but not limited to, information that was made part of the public record during the January 8, 2018 status conference). Accordingly, the motion to seal is DENIED, without prejudice to an application, in accordance with the Court's Individual Rules, to redact portions of the letter. Counsel shall file the letter on ECF, either in unredacted form or redacted form (with a corresponding application to redact), no later than February 20, 2018. The Clerk of Court is directed to docket this in 14-MD-2543 AND all of the member cases referenced above and to terminate all corresponding motions (including 14-MD-2543, Docket No. 5064). (Signed by Judge Jesse M. Furman on 2/16/2018) (ras)

February 14, 2018

Filing 319 ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled to begin at 9:30 a.m. on March 23, 2018, will begin instead at 1:30 p.m. Counsel shall promptly update the MDL website with the new time. (Signed by Judge Jesse M. Furman on 2/14/2018) (ras)

February 1, 2018

Filing 318 MEMORANDUM OF LAW in Support re: #317 MOTION to Dismiss 319 Claims Under Federal Rule of Civil Procedure 12(B)(6). . Document filed by General Motors LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Bloomer, Andrew)

February 1, 2018

Filing 317 MOTION to Dismiss 319 Claims Under Federal Rule of Civil Procedure 12(B)(6). Document filed by General Motors LLC.(Bloomer, Andrew)

January 31, 2018

Filing 316 NOTICE of 27 Plaintiffs Whose Claims are Barred by Indiana, Tennessee, or Texas State Statutes of Repose. Document filed by General Motors LLC. (Bloomer, Andrew)

January 31, 2018

Filing 315 NOTICE of 41 Plaintiffs Whose Claims are Barred by the Applicable Statutes of Limitations. Document filed by General Motors LLC. (Bloomer, Andrew)

January 29, 2018

Filing 314 NOTICE of (Amended) 328 Airbag Deployment Cases That Should Be Dismissed Pursuant to the Court's December 28, 2017 Order and Opinion. Document filed by General Motors LLC. (Godfrey, Richard)

January 29, 2018

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Eric Jensen for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #312 Notice of Voluntary Dismissal for cases 14md2543, 14mc2543, 15cv4088, 16cv2919, 16cv3768 and 16cv4688 to: judgments@nysd.uscourts.gov. (km)

January 23, 2018

Filing 313 ORDER NO. 140, The Court, having held a Status Conference on January 8, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties January 3, 2018 tentative agenda letter (Docket No. 4918), issues this Order to memorialize the actions taken and rulings made at the Status Conference. A Status Conference will be held Friday, March 23, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the Status Conference, by Wednesday, January 24, 2018, Lead Counsel will inform New GM of their position on whether the successor liability claims of personal injury plaintiffs subject to the Court's August 3, 2017 and December 19, 2017 Orders should be determined based on the place of the incident, plaintiff's place of residence, or some other method, and the reasons for this position. See In re Gen. Motors LLC Ignition Switch Litig., 2017 WL 3382071 (S.D.N.Y. Aug. 3, 2017; In re Gen. Motors LLC Ignition Switch Litig., 2017 WL 6509256 (S.D.N.Y. Dec. 19, 2017). The parties will then meet and confer by Thursday, January 25, in an attempt to resolve any disagreements on the choice of law rules. By Friday, January 26, New GM will file on the main MDL docket a list of personal injury claims that it believes should be dismissed under the Court's successor liability rulings. By Wednesday, February 21, Lead Counsel will file on the main MDL docket: (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the factual and/or legal bases as to why those plaintiffs believe dismissal is not appropriate. By Wednesday, February 28, all voluntary dismissals and motions to withdraw shall be filed. By Friday, March 9, Lead Counsel and New GM will file a joint letter proposing next steps to address any remaining disputes on successor liability claims. Consistent with the Court's comments at the Status Conference, by Monday, January 22, 2018, New GM will submit a letter (not to exceed ten single-spaced pages) proposing a specific plan for next steps for the post-Sale Production Part and Service Part claims, as well as addressing proposed Category C bellwether procedures. (See Order No. 107 at 3, Docket No. 3081 (defining categories).) By Monday, January 29, Lead Counsel will file a response (not to exceed ten single-spaced pages). Consistent with the Court's comments at the Status Conference, by Friday, January 19, 2018, New GM will file on the main MDL docket a list of claims that it has currently identified as ones it believes should be dismissed in light of the Court's December 28, 2017 Opinion and Order. See In Re: General Motors LLC Ignition Switch Litig., 2017 WL 6729295, at *1 (S.D.N.Y., Dec. 28, 2017). By Wednesday, February 14, counsel for plaintiffs included on that list will file on the main MDL docket: (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the factual bases as to why those plaintiffs believe dismissal is not appropriate. By Wednesday, February 28, those plaintiffs who agree to dismiss will file voluntary dismissals, and counsel for plaintiffs who intend to withdraw will file motions to withdraw. By Friday, March 9, Lead Counsel and New GM will file a joint letter identifying the number of and proposing next steps to address any remaining disputed claims in this category Consistent with the Court's comments at the Status Conference, by Wednesday, January 31, 2018, New GM will file its motion to dismiss claims that New GM believes should be dismissed for failure to state a claim. By Wednesday, February 14, counsel for plaintiffs included on that list will file on the main MDL docket: (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims (specifically identifying which plaintiffs intend to amend their complaints). By Wednesday, February 28, those plaintiffs who agree to dismiss will file voluntary dismissals, and counsel for plaintiffs who intend to withdraw will file motions to withdraw. By Friday, March 9, Lead Counsel and New GM will file a joint letter identifying the number of and proposing next steps to address any remaining disputed claims in this category, including the proposed timing for any amended complaints. Consistent with the Court's comments at the Status Conference, by Wednesday, January 31, 2018, New GM will file a list of claims that New GM believes are barred by applicable statute of limitation or applicable statute of repose as discussed at the Status Conference. By Wednesday, February 14, counsel for plaintiffs included on that list will file on the main MDL docket: (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the basis as to why those plaintiffs believe their claims are not barred. By Wednesday, February 28, those plaintiffs who agree to dismiss will file voluntary dismissals, and counsel for plaintiffs who intend to withdraw will file motions to withdraw. By Friday, March 9, Lead Counsel and New GM will file a joint letter identifying the number of and proposing next steps to address any remaining disputed claims in this category. Consistent with the Court's comments at the Status Conference, by Monday, January 22, 2018, Lead Counsel shall submit in camera the four withheld emails between Top Class Actions, LLC ("TCA") and the Hagens Berman firm that were not already produced to New GM by TCA in response New GM's April 28, 2017 subpoena, as well as copies of the two different consumer form submissions. By that same date, the parties will submit supplemental briefs (not to exceed three single-spaced pages) addressing Lead Counsel's attorney-client privilege and work product assertions for the form submissions and Lead Counsel's work product assertions over the four withheld emails between Hagens Berman and TCA. Consistent with the Court's comments at the Status Conference, New GM and the Bailey Peavy Bailey firm should: (1) immediately retain Robert Black of Mehafy Weber as a mediator in their settlement discussions; and (2) by no later than Thursday, February 15, 2018, submit a joint letter or competing letters (not to exceed five single-spaced pages) reporting whether those discussions have been fruitful or not, and if they have not been successful, what the parties propose as next steps. Additionally, the parties should continue to keep the Court apprised of developments regarding settlement. SO ORDERED. (Motions due by 2/28/2018., Status Conference set for 3/23/2018 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/23/18) (yv)

January 19, 2018

Filing 312 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 1/19/2018) (ras) Modified on 1/29/2018 (km).

January 19, 2018

Filing 311 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Confidential Settlement Agreements entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 1/19/2018) (ras)

December 28, 2017

Filing 310 OPINION AND ORDER [Regarding the Parties' Daubert Motions and New GM's Motions for Summary Judgment in the Bellwether Phase Two, Category B Cases] re: (462 in 1:14-cv-05810-JMF, 3772 in 1:14-md-02543-JMF, 137 in 1:15-cv-01626-JMF) MOTION Exclude New GM's Experts, filed by Ruby L Greenroad, Vivian Garza, Clarissa Rios, (3711 in 1:14-md-02543-JMF, 131 in 1:15-cv-01626-JMF) LETTER MOTION for Oral Argument, filed by General Motors LLC, (128 in 1:15-cv-01626-JMF, 3708 in 1:14-md-02543-JMF, 451 in 1:14-cv-05810-JMF) MOTION To Exclude Expert Opinions Under Daubert and Federal Rule of Evidence 702 and for Summary Judgment on the Issue of Ignition Switch Rotation in Airbag Deployment Cases, filed by General Motors LLC. By prior Order, the Court directed the parties to address the next steps for personal injury and wrongful death cases in the MDL in letters due by January 3, 2018, or one week from the filing of this Opinion and Order. (Docket No. 4831). Upon reflection, the parties are granted until January 4, 2018, at 5 p.m. to file those letters. Plaintiffs' motion for oral argument and Daubert motion are denied as moot. The Clerk of Court is directed (1) to terminate 14-MD-2543, Docket Nos. 3708, 3711, and 3772; and 14-CV-5810, Docket No. 462; (2) to terminate Vivian Garza as a party in Abney et al. v. General Motors, No. 14-CV-5810; and (3) to close Greenroad v. General Motors, No. 15-CV-1626. (Signed by Judge Jesse M. Furman on 12/28/2017) (***Motions terminated pursuant to instructions from chambers on 12/28/2017.) (ras)

December 22, 2017

Filing 309 NOTICE OF WITHDRAWAL AS COUNSEL: PLEASE TAKE NOTICE that the following attorneys hereby withdraw as counsel of record for Defendant General Motors LLC in the above-referenced actions, and respectfully request that their names be removed from the courts electronic mail notice list and counsel's service list: Heather A. Bloom, Ebony S. Johnson, and Catherine E. Stahl. Kirkland & Ellis LLP continues to serve as counsel for Defendant General Motors LLC in the above-referenced actions through Richard C. Godfrey, P.C., and Andrew B. Bloomer, P.C., who are registered as Electronic Filing Users on the CM/ECF system, and request that all future correspondence and papers in this action continue to be directed to them and all other attorneys at Kirkland & Ellis LLP serving as counsel of record in these matters. (Signed by Judge Jesse M. Furman on 12/21/2017) (ras)

December 19, 2017

Filing 308 OPINION AND ORDER [Regarding New GM's Motion for Partial Summary Judgment on Successor Liability] re: (3519 in case 14-md-2543) MOTION for Summary Judgment on Successor Liability. New GM's motion for summary judgment is GRANTED with respect to Plaintiffs' successor liability claims under Maryland law, but DENIED with respect to Plaintiffs' claims under the other laws of the other eight jurisdictions still at issue. Per Docket No. 4831, the parties shall submit letters regarding the next steps for personal injury cases in the MDL, addressing the implications of this Opinion and Order among other things, by the earlier of (1) one week after the Court's ruling on the pending motions in the Phase Two, Category B cases; or (2) January 3, 2018, and as further set forth herein. (Signed by Judge Jesse M. Furman on 12/19/2017) (ras)

December 8, 2017

Filing 307 ORDER NO. 139 [Prohibiting the Filing of Consolidated Personal Injury / Wrongful Death Complaints]: Heretofore, the Court has tolerated the filing of omnibus consolidated complaints on behalf of multiple plaintiffs bringing personal injury and wrongful death claims arising out of different accidents or incidents. The Court has done so, even where joinder would not be permitted under a strict application of the Federal Rules of Civil Procedure, in the interests of efficiency. Upon reflection, the Court has decided to put an end to the practice because it creates administrative problems for the Clerk's Office (problems that will become even more pronounced if or when individual cases are transferred or remanded to transferor courts) and because it deprives the Court of filing fees to which it is due. (Requiring each plaintiff to pay a separate filing fee has an additional salutary effect: It helps ensure that plaintiff's counsel will adequately screen each plaintiff's claim to ensure that it is valid and belongs in these proceedings.) Accordingly, effective immediately, counsel may no longer file consolidated complaints on behalf of multiples plaintiffs where joinder would not be permitted under the Federal Rules. Counsel shall instead file individual complaints (along with the requisite Statement of Relatedness) with separate filing fees for each case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/08/2017) (ama)

November 27, 2017

Filing 306 ORDER NO. 137 [Regarding Withdrawal of Representation by Hilliard Martinez Gonzales, Thomas J. Henry Injury Attorneys, and Matthews & Associates as to Certain Plaintiffs]: It is hereby ORDERED that: The Firms' Motion is hereby GRANTED, substantially for the reasons set forth in their memoranda of law and supporting declarations (some of which were filed under seal because they reveal confidential attorney-client communications and strategy). (See, e.g., MDL Docket Nos. 4713, 4799). The Firms are authorized to withdraw as co-counsel as to the Affected Plaintiffs...Each of the Affected Plaintiffs is hereby ordered to file, in the form of a new lawsuit, an amended and severed complaint in the United States District Court for the Southern District of New York within ninety (90) days that is, by February 26, 2018 and to pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a)...The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 4712; 14-CV-5810, Docket No. 510; 14-CV-6924, Docket No. 206; 14-CV-8176, Docket No. 723; 14-CV-9864, Docket No. 158; 14-CV-9965, Docket No. 160; 14-CV-10023, Docket No. 202; 15-CV-1354, Docket No. 153; 15-CV-2844, Docket No. 141; 15-CV-4142, Docket No. 138; 15-CV-5528, Docket No. 9; 15-CV-6578, Docket No. 112. (Signed by Judge Jesse M. Furman on 11/27/2017) (ras)

November 27, 2017

Filing 305 FIFTH AMENDED COMPLAINT amending #234 Amended Complaint, against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs, Dawn Fuller, Paul Jenks, Brittany Vining, Reynaldo Spellman, Kellie Cereceres, Jerrod Pinkett, Thomas Linder. Related document: #234 Amended Complaint,.(Berman, Steve)

November 27, 2017

Set/Reset Deadlines: Amended Pleadings due by 2/26/2018. (ras)

November 21, 2017

Filing 304 ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled for December 4, 2017, at 9:30 a.m, is ADJOURNED to January 8, 2018, at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall promptly update the MDL website with the new date and time. (Signed by Judge Jesse M. Furman on 11/21/2017) (ras)

November 16, 2017

Filing 303 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiff, Robert Huff, through his undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby gives notice of his voluntary dismissal with prejudice of all his actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit A will remain pending in the civil action affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's action. The Clerk of Court is directed to terminate Robert Huff as a Plaintiff. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/16/2017) (ras)

November 15, 2017

Filing 302 MEMORANDUM OPINION AND ORDER [Regarding Plaintiffs' Motion for Leave to Amend the Fourth Amended Consolidated Complaint and New GM's Partial Cross-Motion to Dismiss and/or Strike Plaintiffs' Proposed Fifth Amended Consolidated Complaint] re: (4522 in 1:14-md-02543-JMF) MOTION to Amend/Correct (3356) Amended Complaint, Plaintiffs' Motion for Leave to Amend the Fourth Amended Consolidated Class Action Complaint, filed by GM Ignition Switch MDL Plaintiffs, (4704 in 1:14-md-02543-JMF) MOTION to Dismiss and/or Strike Plaintiff's Proposed Fifth Amended Consolidated Complaint, filed by General Motors LLC. Upon review of the parties' submissions (Docket Nos. 4522, 4680, 4704, 4767, 4775), the Court grants Plaintiffs' motion for leave to amend. The Court declines to consider the second argument because the Bankruptcy Court's ruling is the subject of pending appeals to this Court. There is little point in addressing the argument until the appeals are resolved. For the foregoing reasons, the Court GRANTS Plaintiffs' motion for leave to amend the FACC and DENIES New GM's motion to dismiss and/or strike, except to the extent that it concerns claims that the Court previously dismissed and claims on behalf of new Plaintiffs that the Court previously found unviable for similarly situated Plaintiffs. The Clerk of Court is directed to terminate Docket Nos. 4522 and 4704, and as further set forth herein. (Signed by Judge Jesse M. Furman on 11/15/2017) (ras)

November 13, 2017

Filing 301 MEMO ENDORSEMENT granting (4798) Motion to Seal Document in case 1:14-md-02543-JMF; granting (521) Motion to Seal Document in case 1:14-cv-05810-JMF; granting (217) Motion to Seal Document in case 1:14-cv-06924-JMF; granting (171) Motion to Seal Document in case 1:14-cv-09965-JMF; granting (123) Motion to Seal Document in case 1:15-cv-06578-JMF. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 4798; 14-CV-5810, Docket No. 521; 14-CV-6924, Docket No. 217; 14-CV-9965, Docket No. 171; and 15-CV-6578, Docket No. 123. (Signed by Judge Jesse M. Furman on 11/13/2017) (mro)

October 19, 2017

Filing 300 ORDER terminating (4716) Motion to Withdraw; terminating (4720) Motion to Withdraw; terminating (4724) Motion to Withdraw; terminating (4728) Motion to Withdraw; terminating (4732) Motion to Withdraw; terminating (4738) Motion to Withdraw; terminating (4742) Motion to Withdraw; terminating (4746) Motion to Withdraw; terminating (4750) Motion to Withdraw; terminating (4754) Motion to Withdraw in case 1:14-md-02543-JMF. On October 18, 2017, Hilliard Martinez Gonzales, Thomas J. Henry Injury Attorneys, and Matthews & Associates (the "Firms") filed a Motion to Withdraw as Co-Counsel for those Plaintiffs listed on Exhibit A of the Motion. (MDL Docket No. 4712). For some reason, counsel appear to have filed identical versions of the Motion eleven times. (See also MDL Docket Nos. 4716, 4720, 4724, 4728, 4732, 4738, 4742, 4746, 4750, and 4754). The duplicates are hereby terminated, with the caveat that the Firms shall promptly notify the Court if any of those filings are actually separate and different from the initial Motion to Withdraw. To evaluate counsel's reasons for moving to withdraw, the Firms shall, within one week of this Order, file a supplemental declaration including the relevant language from the Firms' retainer agreements and explaining how the claims of Plaintiffs listed in Exhibit A are beyond the scope of that language. (If necessary or appropriate, the Firms may seek leave to file those documents under seal.) Any opposition to the Firms' Motion by Plaintiffs themselves, New GM, or otherwise shall be filed no later than two weeks from the date of this Order. The Firms' reply, if any, shall be filed no later than one week thereafter. The Firms are directed to serve a copy of this Order on the Plaintiffs listed in Exhibit A of their Motion and to docket proof of such service no later than October 26, 2017. The Clerk of Court is directed to terminate 14-MD-2543 Docket Nos. 4716, 4720, 4724, 4728, 4732, 4738, 4742, 4746, 4750, and 4754. (Signed by Judge Jesse M. Furman on 10/19/2017) (ras)

October 16, 2017

Filing 299 ORDER NO. 136 [Regarding the October 4, 2017 Status Conference]: A Status Conference will be held on Monday, December 4, 2017, at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the Status Conference, the parties should meet and confer regarding next steps for the personal injury cases in the MDL, and should submit a joint letter detailing the parties' position(s) by Monday, November 27, 2017, and as further set forth herein. (Signed by Judge Jesse M. Furman on 10/16/2017) (ras)

October 3, 2017

Filing 298 ORDER: In the Opinion and Order regarding New GM's Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint, entered on June 30, 2017 (Docket No. 4175), the language on page 39, line 20 that reads "To state a claim for fraudulent inducement under Illinois law is hereby REVISED to read: To state a claim for fraudulent concealment under Illinois law." (Signed by Judge Jesse M. Furman on 10/3/2017) (ras)

September 29, 2017

Filing 297 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and to docket this Order in 14-md-2543, 15-cv-07412, 15-cv-07416, and 16-cv-01173. (Signed by Judge Jesse M. Furman on 9/29/2017) (ras)

September 28, 2017

Filing 296 ORDER: On September 26, 2017, the Court issued Order No. 135 establishing the terms and conditions of Layn R. Phillips' appointment as economic loss mediator in this matter. (Docket No. 4638). The Court inadvertently failed to attach Exhibit A, the normal and customary hourly rates of Mr. Phillips and personnel working under his direction. The Court hereby issues this Order with Exhibit A for Order No. 135 attached. (Signed by Judge Jesse M. Furman on 9/28/2017) (ras)

September 26, 2017

Filing 295 ORDER NO. 135 [Regarding the Terms and Conditions of the Appointment of the Economic Loss Mediator]: Order No. 132 appointed Layn R. Phillips of Phillips ADR as the economic loss mediator in this matter. (Docket No. 4525). Mr. Phillips has confirmed that he is able and willing to serve as the mediator in this matter and that he is available to begin meeting with the parties in a timely fashion. The Court further ordered the parties to submit an agreed upon proposed order of appointment that sets forth the terms and conditions of the mediator's appointment. (Id. at 1-2). Based on the joint submission, the Court hereby orders that: Mr. Phillips' authority is limited to facilitating settlement discussions for the economic loss actions...Any disputes regarding compensation, costs and expenses, or the allocation of payment of such fees and costs among the parties, shall be brought to the Court's attention, but only after the parties have conferred in good faith to resolve or narrow the dispute. The Court thanks Mr. Phillips in advance for his service to the parties and the Court, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/26/2017) (ras)

September 26, 2017

Filing 294 ORDER NO. 134 [Regarding Amended Schedule for New GM's Phase Two Bellwether Plan Category C Replacement Case Selections]: Upon review of the parties' joint letter dated September 20, 2017, and for good cause shown, the Court adopts a revised schedule for New GM's New Replacement Discovery Pool Category C Replacement Case selections as follows. Fact discovery in the New GM Discovery Pool Category C Replacement Cases will conclude no later than Friday, December 1, 2017. By 5:00 p.m. EST on Friday, December 1, 2017, Lead Counsel will exercise one strike against a New GM Discovery Pool Category C Replacement Case...Lead Counsel shall present their expert witnesses for deposition on or before Tuesday, February 13, 2018...New GM shall present its expert witnesses for deposition on or before Thursday, March 29, 2018...Expert discovery for the Phase Two Category C Replacement Case Trial Candidate shall conclude by Thursday, March 29, 2018. By Friday, February 26, 2018, the parties will meet and confer and submit a joint proposed order regarding deadlines for submitting any Daubert motions, dispositive motions, and motions in limine for Bellwether Trial No. 11. The New GM Phase Two Category C Replacement Case Trial Candidate shall be scheduled as MDL Bellwether Trial No. 11 from June 18, 2018-July 9, 2018. To the extent not modified herein, all deadlines in Order Nos. 107, 118, 121, and 128 (and any other previous order modifying Order Nos. 107 and 118) remain in full force and effect, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/25/2017) (ras)

September 14, 2017

Filing 293 ORDER NO. 133 [Regarding Motions To Seal]: To minimize the burdens on the Court and the parties, the procedures regarding the filing of documents under seal or in redacted form set forth in Section X of MDL Order No. 77 (Docket No. 1349) are hereby modified as follows. Effective immediately, unless and until the Court orders otherwise (as to any specific submission or more generally), the parties are granted leave to file any and all motion papers under seal or in redacted form on a temporary basis, without the need to obtain specific approval from the Court to do so. That is, the parties need not (and should not) file a motion to file under seal or in redacted form any papers filed in connection with another motion. (The parties should continue to file motions to file under seal or in redacted form any documents that are not related to another motion.) In lieu of filing a motion to seal motion papers, the parties should file a "Notice of Sealed/Redacted Filing" on the docket at the time of filing any sealed or redacted materials. Upon resolution of the underlying motion by the Court, the parties shall then follow the procedures set forth in Section X of MDL Order No. 77 with respect to addressing the propriety of keeping the documents at issue under seal or in redacted form on a permanent basis. On that score, the Court reminds the parties that sealing and/or redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Additionally, "the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome the presumption in favor of public access to judicial documents." In re: Gen. Motors LLC, No. 14-MD-2543 (JMF), 2015 WL 7574460, at *10 (S.D.N.Y. Nov. 25, 2015) (citing cases). (Signed by Judge Jesse M. Furman on 9/14/2017) (ras)

September 11, 2017

Filing 292 ORDER NO. 132 [Regarding Selection of a Mediator for the Economic Loss Class Actions]: Upon review of the parties' selections, the Court hereby selects Layn R. Phillips of Phillips ADR. Counsel shall promptly contact Mr. Phillips to negotiate a fee arrangement, confirm that he is able and willing to serve as the mediator in this matter (including but not limited to confirming that he does not have any conflicts that would preclude his service), and that he is available to begin meeting with the parties in a timely fashion (ideally, in the next month or two at the latest), and shall advise the Court by joint letter no later than September 25, 2017, in the event that a new selection must be made. By that same date, the parties shall also submit an agreed upon proposed Order of appointment (or competing proposed orders with appropriate letter briefing) that sets forth the terms and conditions of the mediator's appointment, as appropriate, presumably including but not limited to the scope of the mediator's authority; the payment of fees and costs; the confidentiality and preservation of communications; the propriety and terms of ex parte communication with the parties; and the propriety and terms of communication (ex parte or otherwise) with the Court. (With respect to the issue of communications with the Court, the Court reserves judgment pending the parties' proposed Order, but is inclined to believe that the mediator should be permitted to communicate confidential information to the Court, to be filed under seal, with the agreement of counsel for both sides and should otherwise be permitted to communicate with the Court regarding non-confidential matters, including procedural issues and updates on the progress of settlement communications.) SO ORDERED. (Signed by Judge Jesse M. Furman on 9/11/2017) (ras)

September 1, 2017

Filing 291 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. Amy Cochran (Individually, and Representative of the Estate of Katie Beckman), Chris Cochran (Individually, and Representative of the Estate of Katie Beckman), Joyce Cook, Amy Cullum (Individually, and as Next Friend of Alexandria Regan-Laye), Amy Cullum, Price Bethea and Price Bethea (Individually, and as Next Friend of Trevyon Peterson) terminated. (Signed by Judge Jesse M. Furman on 9/1/2017) (ap)

August 30, 2017

Filing 290 ORDER NO. 131 [Regarding Amended Schedule for Motion Practice, Discovery, and Bellwether Procedures Related to and Proposed Amendment of the Fourth Amended Consolidated Complaint]: The Court, having received and reviewed the parties' letter briefs (Docket Nos. 4459, 4460), hereby amends Order No. 114 as follows. Consistent with the Court's comments at the August 11, 2017 Status Conference, plaintiffs shall file their motion for leave to amend the FACC to add additional plaintiffs by Friday, September 8, 2017. New GM shall file its opposition brief by Friday, October 6, 2017. Plaintiffs shall file their reply brief by Friday, October 20, 2017. Plaintiffs' proposed new named plaintiffs must submit substantially complete Plaintiff Fact Sheets, declarations, authorizations (where applicable), and requested documents by no later than Friday, September 29, 2017. Bellwether State Selection Process: No later than Thursday, September 7, 2017, New GM shall file a letter indicating whether it selects New York or Texas as the third Bellwether State. Motion for Summary Judgment on Benefit of the Bargain in the Sixteen FACC Motion Practice Jurisdictions: By Friday, October 6, 2017, New GM shall file a motion for summary judgment. Plaintiffs' opposition must be filed by Thursday, November 2, 2017. New GM's reply must be filed by Friday, November 10, 2017. Fact discovery contemplated under Order No. 84 and Order No. 114 for the plaintiffs' claims in the Bellwether States shall be completed by no later than Friday, December 15, 2017. Discovery related to FACC plaintiffs and FACC plaintiffs' claims outside of the Bellwether States shall be stayed until further order of the Court (except as required by Paragraph 1 above). By no later than Friday, November 10, 2017, Lead Counsel shall disclose any experts (including, but not limited to class and merits experts) and serve expert reports related to the plaintiffs' claims in the Bellwether States. By Friday, December 22, 2017, New GM shall depose plaintiffs' experts. By Friday, February 2, 2018, New GM shall disclose any experts (including, but not limited to class and merits experts) and serve expert reports. By Friday, March 2, 2018, Lead Counsel shall disclose any experts and reports limited strictly to rebuttal of New GM's experts. By Friday, March 16, 2018, plaintiffs shall depose New GM's experts, New GM shall depose plaintiffs' rebuttal experts, and expert discovery shall be completed. Bellwether State Summary Judgment Motion Practice: New GM shall file any motion for summary judgment by Tuesday, April 3, 2018. Plaintiffs shall file their opposition by Tuesday, May 15, 2018. New GM shall file its reply by Tuesday, June 12, 2018. Bellwether State Class Certification Motion Practice: Plaintiffs shall file any motion for class certification by Tuesday, April 3, 2018. New GM shall file its opposition by Tuesday, May 15, 2018. Plaintiffs shall file their reply by Tuesday, June 12, 2018. The Court will hold a hearing on the summary judgment and class certification motion practice contemplated herein in September 2018 or as soon thereafter as is reasonably practical. To the extent not expressly modified herein, all deadlines in Order No. 114 (and any other previous order modifying Order No. 114) remain in full force and effect, and as further set forth herein. (Signed by Judge Jesse M. Furman on 8/30/2017) As per chambers, deadlines not to be set in 14-mc-2543. (ras)

August 22, 2017

Filing 289 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. SO ORDERED. (Party William Moore, Maria Steward, Jennifer Beth Willbanks terminated.) (Signed by Judge Jesse M. Furman on 8/21/2017) (ras) Modified on 8/24/2017 (ras).

August 22, 2017

Filing 288 ORDER NO. 130 [Regarding the August 11, 2017 Status Conference]: A Status Conference will be held Wednesday, October 4, 2017, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York. Unless and until the Court orders otherwise, the parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 V, Docket No. 249) or in separate letter updates, as circumstances require. Consistent with the Court's comments at the Status Conference, including the Court's decision to adopt an economic loss bellwether procedure, by Friday, August 25, 2017, the parties should submit a joint proposal or competing proposals addressing, among the other issues discussed at the Status Conference: (1) the timing and briefing schedule for plaintiffs' proposed motion for leave to amend the Fourth Amended Consolidated Complaint...Additionally, per the parties' agreement (Docket Nos. 4337-4338), the parties should meet and confer regarding application of the Court's prior motion to dismiss opinions to the remaining 35 states and submit an agreed plan (or competing plans) with respect to resolving any differences in the parties' positions by no later than December 15, 2017. Consistent with the Court's comments at the Status Conference, the trial date for Bellwether Trial No. 11 has been continued to Monday, June 18, 2017. The parties should review the current pretrial schedule, meet and confer and propose any modifications as appropriate. Consistent with the Court's comments at the Status Conference, the parties should meet and confer and submit a joint or competing proposals regarding a mediator for the economic loss claims by no later than Monday, August 21, 2017, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/21/2017) (ras)

August 9, 2017

Filing 287 MEMORANDUM OPINION AND ORDER [Regarding Plaintiffs' Motion for Reconsideration and/or Clarification of the Court's Order Dismissing the Claims of "Pre-Recall Plaintiffs"]: re: (4256 in 1:14-md-02543-JMF) MOTION for Reconsideration re; (4175) Memorandum & Opinion, Plaintiffs' Motion for Reconsideration and/or Clarification of Court's Order Dismissing Certain Damages Claims of Plaintiffs Who Purchased After the Sale Order filed by GM Ignition Switch MDL Plaintiffs. Plaintiffs' motion for reconsideration is GRANTED, and the Court's prior Opinion and Order is modified as reflected here. The Clerk of Court is directed to terminate Docket No. 4256, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/9/2017) (ras)

August 8, 2017

Filing 286 ORDER: granting (4282) Motion to Dismiss in case 1:14-md-02543-JMF; granting (59) Motion to Dismiss in case 1:16-cv-02047-JMF; granting (48) Motion to Dismiss in case 1:16-cv-02315-JMF; granting (49) Motion to Dismiss in case 1:16-cv-02391-JMF; granting (47) Motion to Dismiss in case 1:16-cv-02875-JMF; granting (47) Motion to Dismiss in case 1:16-cv-02919-JMF; granting (57) Motion to Dismiss in case 1:16-cv-03105-JMF. In light of Plaintiffs' continued failure to submit substantially complete PFSs as required by Order No. 25, the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should any Plaintiff submit all required documentation within the next thirty days, or otherwise contest this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 4282; 16-cv-3105. Docket No. 57; 16-cv-2047, Docket No. 59; 16-cv-2391, Docket No. 49; 16-cv-2919, Docket No. 47; 16-cv-2875, Docket No. 47; and 16-cv-2315, Docket No. 48, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/8/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ap) Modified on 8/9/2017 (ap).

August 7, 2017

Filing 285 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiff's actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. Bonnie Dutcher, Amber Harshman, Dorothy Lewis, Joshua Lewis, Tyler Locke, Tonya Yvonne Mayo, Tyler Allen Norris, Coriona Pavol, Richard Smith, and Allan Barry terminated. (Signed by Judge Jesse M. Furman on 8/7/2017) (ap) Modified on 8/7/2017 (ap). Modified on 8/8/2017 (ap). Modified on 8/28/2017 (ap).

August 3, 2017

Filing 284 OPINION AND ORDER [Regarding New GM's Partial Motion for Summary Judgment on Plaintiffs' Successor Liability Claims in the Fourth Amended Consolidated Complaint]: re: (3519 in 1:14-md-02543-JMF) MOTION for Summary Judgment on Successor Liability, filed by General Motors LLC. The Court grants New GM's motion for summary judgment with respect to Plaintiffs' successor liability claims in part and reserves judgment on the remainder of the motion. Specifically, the Court holds that: Plaintiffs' claims are not barred by the Second Circuit's decision in Tronox because, by virtue of the due process violation, Plaintiffs did not know about, and could not bring, the claims at the time of the bankruptcy; Each jurisdiction's choice-of-law rules must be applied to determine the substantive law that governs the merits of Plaintiffs' successor liability claims in that jurisdiction; Based on a jurisdiction-by-jurisdiction analysis, Delaware law applies to Plaintiffs' successor liability claims in seven jurisdictions considered here: California, the District of Columbia, Florida, Louisiana, Massachusetts, New York, and Wisconsin. The applicable law to be applied in the other nine jurisdictions is as follows: (See document); Under Delaware law, Plaintiffs' successor liability claims fail as a matter of law, requiring dismissal of those claims in seven of the sixteen states; and Additional briefing is warranted on the merits of Plaintiffs' claims in the other nine jurisdictions due to, among other things, the potential settlement between Plaintiffs and the GUC Trust. Accordingly, the successor liability claims of Plaintiffs from California, the District of Columbia, Florida, Louisiana, Massachusetts, New York, and Wisconsin are dismissed, and the Court reserves judgment on the successor liability claims of Plaintiffs from Alabama, Illinois, Maryland, Michigan, Missouri, Oklahoma, Pennsylvania, Texas, and Virginia. With respect to those nine jurisdictions, the parties shall, no later than August 24, 2017, file supplemental memoranda of law, not to exceed twenty-five pages in length, addressing the merits (including any effect of the settlement negotiations or potential settlement between Plaintiffs and the GUC Trust, as to which the parties should submit supporting declarations as appropriate). The Clerk of Court is directed to terminate Docket No. 3519, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/3/2017) (ras)

August 1, 2017

Filing 283 ORDER NO. 129 [Regarding Submission of Electronic Courtesy Copies of Certain Motion Papers]: Effective immediately, with respect to (1) substantive motions for all bellwether trials (including, but not limited to, Daubert motions, summary judgment motions, OSI briefing, and motions in limine); and (2) substantial motions relating to the MDL as a whole, the economic loss class action claims, or any member case (including, but not limited to, motions to dismiss, motions for summary judgment, motions for class certification, and motions to remand), the parties shall adhere to the following procedures for the submission of electronic courtesy copies (which are to be filed in addition to, rather than in place of, paper courtesy copies). (See document). The Court's Individual Rules and Practices and all prior Orders continue to apply to the MDL and all member cases, except as modified herein. For avoidance of doubt, the parties are still required to follow the procedures set forth in MDL Order No. 77 at the time any motion to seal or motion to redact is filed. (Signed by Judge Jesse M. Furman on 8/1/2017) (ras)

July 26, 2017

Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 7/26/2017. (Tam, David)

July 19, 2017

Filing 282 ORDER NO. 128 [Regarding New GM's Phase Two Bellwether Plan Category C Replacement Case Selections]: Upon review of the parties' joint letter dated July 17, 2017, and for good cause shown, the Court adopts a revised schedule for New GM's New Replacement Discovery Pool Category C Replacement Case selections as follows. By Monday, July 24, 2017, New GM shall select two cases that satisfy the Category C criteria ("Discovery Pool Category C Replacement Cases"). Fact discovery in the New GM Discovery Pool Category C Replacement Cases will commence on Monday, July 24, 2017 and will conclude no later than Friday, November 3, 2017. By 5:00 p.m. EDT on Friday, November 3, 2017, Lead Counsel will exercise one strike against a New GM Discovery Pool Category C Replacement Case. The remaining case will constitute the New GM Phase Two Category C Replacement Case Early Trial Candidate for Bellwether Trial No. 11 and will proceed to case-specific expert discovery as follows: Lead Counsel shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Monday, December 11, 2017. Lead Counsel shall present their expert witnesses for deposition on or before Friday, January 12, 2018. New GM shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Friday, January 19, 2018. New GM shall present its expert witnesses for deposition on or before Friday, February 12, 2018. Absent good cause, no rebuttal expert reports shall be permitted. Expert discovery for the Phase Two Category C Replacement Case Trial Candidate shall conclude by Friday, February 12, 2018. By Friday, January 26, 2018, the parties will meet and confer and submit a joint proposed order regarding deadlines for submitting any Daubert motions, dispositive motions, and motions in limine for Bellwether Trial No. 11. The New GM Phase Two Category C Replacement Case Trial Candidate shall be scheduled as MDL Bellwether Trial No. 11 from May 7, 2018-May 25, 2018. (Trial will not be held on May 21, 2018, as it is a Jewish holiday.) To the extent not modified herein, all deadlines in Order Nos. 107, 118, and 121 (and any other previous order modifying Order Nos. 107 and 118) remain in full force and effect, and as further set forth herein. ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (Signed by Judge Jesse M. Furman on 7/18/2017) (ras) Modified on 7/21/2017 (ras).

July 19, 2017

Filing 281 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all action, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulated to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in In re: General Motors LLC Ignition Switch Litigation in MDL 2543. The Clerk or Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/19/2017) (ras)

July 12, 2017

Filing 280 ORDER NO. 127 [Regarding the July 6, 2017 Status Conference]: A Status Conference will be held Tuesday, August 8, 2017, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 V, Docket No. 249) or in separate letter updates, as circumstances require. Consistent with the Court's comments on the record at the Status Conference, by Thursday, July 13, 2017, the parties should submit a joint letter setting forth their positions with respect to whether additional briefing on New GM's motion for summary judgment on successor liability claims (Docket No. 3519) would be appropriate in light of any potential settlement of the plaintiffs' Late Claims Motion in the Bankruptcy Court. Additionally, consistent with Order No. 114 Section II (Docket No. 3431) and the Court's comments at the Status Conference, by no later than Friday, July 21, 2017, the parties should submit competing letter briefs (not to exceed ten single-spaced pages) with respect to the effect of (and how to proceed in light of) the Court's Opinion and Order Regarding New GM's Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint ("FACC") (Docket No. 4175). Consistent with the Court's comments on the record at the Status Conference, Order No. 123 Paragraph 1 (Docket No. 3902) is hereby modified such that the Dodson trial will commence on Thursday, November 2, 2017. All pretrial deadlines set forth in Order No. 123 remain in effect unless and until the Court orders otherwise. Consistent with the Court's comments on the record at the Status Conference, wherein the Court granted New GM's request for a replacement Category C Bellwether Trial Candidate (Docket No. 4166), the parties shall submit an agreed-upon proposed order by Thursday, July 13, 2017 regarding case selection, discovery, and other pretrial deadlines for the additional Category C cases. Consistent with the Court's comments on the record at the Status Conference, the parties will keep the Court apprised of developments regarding settlement. To that end, New GM should include in the parties' monthly related case update letters a report on the status of settlement similar to New GM's February 24, 2017 report. (See Docket No. 3726.) (And as further set forth in this order.) (Signed by Judge Jesse M. Furman on 7/12/2017) As per instructions from chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Signed by Judge Jesse M. Furman on 7/12/2017) (ras) Modified on 7/13/2017 (ras).

July 12, 2017

Filing 279 ORDER NO. 126 - Regarding Common Benefit Order Fund Disbursement: IT IS ORDERED that the Common Benefit Order Funds shall be disbursed in the amounts set forth within. The Court will file and maintain the billing records submitted in connection with the present motion under seal. The Clerk of Court is directed to terminate Docket No. 4186. (Signed by Judge Jesse M. Furman on 7/12/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)

July 6, 2017

Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 7/6/2017. (Tam, David)

June 30, 2017

Filing 278 ORDER regarding Tentative Agenda Letter for the July 6, 2017 Status Conference filed by General Motors LLC. (MDL Docket 4172). Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed in the parties' Tentative Agenda Letter at the July 6, 2017 status conference. In addition, counsel should confer and be prepared to propose dates for future status conferences as appropriate. If possible, counsel should also be prepared to address - at least in general terms - how to proceed in light of the Court's ruling shortly ago on New GM's partial motion to dismiss the Fourth Amended Consolidated Complaint. (To be clear, given the holiday weekend and trial preparations, not to mention the Opinion's length, the Court does not expect that counsel will have had an opportunity to absorb the Court's ruling in any meaningful way and will not expect counsel to be prepared to address the impact of the Opinion in any detail.) Finally, per the Scheduling Order entered on May 24, 2017 (MDL Docket No. 4019), the Court will conduct the MDL status conference beginning at 9:30 a.m. and then proceed to the final pretrial conference in Ward v. General Motors LLC immediately after concluding the MDL status conference. Thereafter, the Court will meet in camera with counsel to address settlement-related issues, as requested in the parties' letter. (Signed by Judge Jesse M. Furman on 6/30/2017) (Furman, Jesse)

June 30, 2017

Filing 277 OPINION AND ORDER [Regarding New GM's Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint] re: (3577 in 1:14-md-02543-JMF) MOTION to Dismiss Claims of Certain Plaintiffs in the Fourth Amended Consolidated Complaint, filed by General Motors LLC. For the reasons stated below, New GM's motion to dismiss is GRANTED in part and DENIED in part. More specifically, it is GRANTED with respect to Plaintiffs' repleaded "brand devaluation" claims, but DENIED with respect to Plaintiff's lost-time-to repair claims. Additionally, it is GRANTED with respect to Plaintiffs who purchased their vehicles prior to New GM's inception or disposed of their vehicles prior to the recall announcement. And finally, New GM's motion to dismiss Plaintiffs' claims in Alabama, Illinois, Massachusetts, Michigan, New York, Pennsylvania, Texas, and Wisconsin is GRANTED in part and DENIED in part, depending on, among other things, whether each state's law allows claims in the absence of a manifested defect, requires a special trust relationship between the parties for a duty to disclose to arise, and permits plaintiffs to plead both contract claims and unjust enrichment claims. Ultimately, for the reasons that follow, most of Plaintiffs' consumer fraud, fraudulent concealment, and breach of implied warranty claims survive, while the bulk of Plaintiffs' unjust enrichment claims must be and are dismissed. As the Court indicated in the last round of motion practice, although this ruling addresses only some of the claims in the operative complaint, it should inform the parties with respect to the viability of other claims and, more generally, bear upon the further progress of the MDL. Pursuant to Order No. 114 (Docket No. 3431), no later than three weeks from the date of this Opinion and Order, the parties shall meet and confer and advise the Court of their views with respect to whether and how the Court's rulings apply to the thirty-five jurisdictions that have not been the subject of full briefing (the Court's sincere hope being that it will not have to repeat this exercise with respect to each and every one of the remaining jurisdictions). Any submissions should address a briefing schedule and process if either side believes that briefing or motion practice is appropriate. Further, to the extent the parties find it helpful, they should confer and submit a chart (or proposed order) summarizing the rulings in this Opinion and Order with respect to the named Plaintiffs' claims, to be so ordered by the Court. In those submissions, Plaintiffs should also indicate to the Court whether they intend to amend the FACC (as to any of the claims that were dismissed with leave to amend) and, if so, provide an outline of the proposed amendments and a proposed schedule. The Clerk of Court is directed to terminate Docket No. 3577, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 6/30/2017) (ras)

June 21, 2017

Filing 276 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 6/20/2017) (ras)

June 20, 2017

Filing 274 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiff, David Rose, through his undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby gives notice of his voluntary dismissal with prejudice of all his actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit A will remain pending in the civil action affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's action. The Clerk of Court is directed to terminate Mr. Rose as a party. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/20/2017) (ras)

June 7, 2017

Filing 275 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B will remain pending in the civil actions affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 6/7/2017) (ras)

May 25, 2017

Filing 273 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. SO ORDERED. Bobby Bielby, Veronica Cheverez, Clint Haywood, Melissa Holloway, Barbara Nuss, Cherie Sharkey, Mike Sharkey, Kimberly Short-Plessinger, Lila Spinner, and Patricia Badge terminated. Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-cv-05810-JMF, 1:14-cv-08176-JMF, 1:14-cv-10023-JMF, 1:15-cv-04142-JMF. (Signed by Judge Jesse M. Furman on 5/24/2017) (ras)

May 24, 2017

Filing 272 SCHEDULING ORDER: Upon reflection, to accommodate counsel who wish to listen to the MDL status conference through Court Call, the Court will conduct the MDL status conference first on July 6, 2017, beginning at 9:30 a.m., and then proceed to the final pretrial conference in Ward v. General Motors immediately after conclusion of the MDL status conference. SO ORDERED. Status Conference set for 7/6/2017 at 09:30 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/24/2017) (ama)

May 15, 2017

Filing 271 ORDER NO. 125 [Regarding the Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1, 2, and 5 to MDL Bellwether Trial No. 7 (Ward)]: The Court adopts the holdings contained in the chart attached as Exhibit 1 to this Order concerning the applicability of the listed pretrial orders from Bellwether Trial Nos. 1, 2, and 5 to Bellwether Trial No. 7, and as further set forth herein. (Signed by Judge Jesse M. Furman on 5/15/2017) (ras)

April 20, 2017

Filing 270 NOTICE OF VOLUNTARY DISMISSAL: The plaintiff listed on the attached Exhibit A, each by and through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, and the Confidential Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain as active cases in the General Motors Multi District Litigation. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sold plaintiffs in a case), to close the case. The plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed against the defendant(s) All Defendants. Cecilia Vindiola (individually and as representative of the Estate of Jade Quintana) terminated. (Signed by Judge Jesse M. Furman on 4/20/2017) (ap) Modified on 4/21/2017 (ap).

April 20, 2017

Filing 269 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiff, Corinna Wilson, through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby gives notice of her voluntary dismissal with prejudice of all her actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit A will remain pending in the civil action affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's action. The Clerk of Court is directed to terminate the plaintiff as a party. (Signed by Judge Jesse M. Furman on 4/20/2017) (ap)

April 5, 2017

Filing 268 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Confidential Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of plaintiffs' actions. The plaintiffs listed on the attached Exhibit B have not yet been dismissed and remain active in MDL 2543. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 4/5/2017) (kgo)

April 4, 2017

Filing 267 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 4/3/2017) (kgo)

March 29, 2017

Filing 266 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (As further set forth herein.) (Signed by Judge Jesse M. Furman on 3/28/2017) (kgo)

March 24, 2017

Filing 265 SCHEDULING ORDER: IT IS HEREBY ORDERED that the status conference in this matter, previously scheduled for March 31, 2017, at 9:30 a.m., is RESCHEDULED to April 27, 2017, at 9:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall promptly update the MDL website accordingly. The Clerk of Court is directed to docket this order in 14-MD-2543, 14-MC-2543, and all member cases. Status Conference set for 4/27/2017 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/24/2017) (kgo)

March 20, 2017

Filing 264 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The plaintiffs listed on the attached Exhibit B will remain pending in the civil actions affected by this notice of dismissal. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the plaintiffs listed in Exhibit A as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 3/20/2017) (kgo)

February 23, 2017

Filing 263 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement, the plaintiffs listed on the attached Exhibit A hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 2/23/2017) (kgo)

February 23, 2017

Filing 262 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement, the plaintiffs listed on the attached Exhibit A hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (As further set forth herein.) (Signed by Judge Jesse M. Furman on 2/22/2017) (kgo)

February 17, 2017

Filing 261 ORDER NO. 122: The Court, having held a Status Conference on February 10, 2017, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' February 4, 2017 tentative agenda letter (Docket No. 3673), issues this Order to memorialize the actions taken and rulings made at the Status Conference. (As further set forth herein.) Motions due by 3/23/2017. Responses due by 4/6/2017 Replies due by 4/17/2017. Deposition due by 9/14/2017. Expert Discovery due by 9/14/2017. Status Conference set for 3/31/2017 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 2/17/2017) (kgo)

February 17, 2017

***DELETED DOCUMENT. Deleted document number #262 ORDER. The document was incorrectly filed in this case. (kgo)

February 10, 2017

Filing 260 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Master Settlement Agreement entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in the case have been terminated (or the named plaintiffs are the sole plaintiffs in the case), to close the case. (Signed by Judge Jesse M. Furman on 2/10/2017) (cla)

February 8, 2017

Filing 259 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Mary F. Wilson, Kelly C. Norris, and Faye S. Williams as Executrix of the Estate of Joan Smith Forrister, deceased, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(ii), hereby give notice of the voluntary dismissal with prejudice of all actions against all General Motors LLC and other defendants, as further set forth in this Order. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. Faye S. Williams (as Executrix of the Estate of Joan Smith Forrister, Deceased), Faye S. Williams (as Executrix of the Estate of Joan Smith Forrister, Deceased), Marty F. Wilson, Marty F. Wilson (Individually), Kelly C. Norris and Kelly C. Norris (Individually) terminated. (Signed by Judge Jesse M. Furman on 2/8/2017) (cf)

February 8, 2017

Filing 258 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 2/8/2017) (mro)

February 3, 2017

Filing 257 COMMON BENEFIT ORDER FUND DISBURSEMENT ORDER granting (3640) Motion for Disbursement of Funds in case 1:14-md-02543-JMF. WHEREAS, Plaintiffs seek reimbursement of one hundred percent (100%) of the assessment payments that have been by made Executive Committee members and by Liaison Counsel, and seventy-five percent (75%) of the assessment payments that have been made by Co-Lead Counsel; WHEREAS, there are sufficient funds for these reimbursements in the Common Benefit Order Fund, NOW, THEREFORE, IT IS ORDERED that the Common Benefit Order Funds shall be disbursed in the amounts as forth herein. Co-Lead Counsel shall retain in their possession the documents submitted in support of the motion in case there is a need for further review in the future. Counsel are reminded that they must adhere to the terms of Order No. 13 (Docket No. 304), including the limitations on travel and the like. The Clerk of Court is directed to terminate Docket No. 3640. (Signed by Judge Jesse M. Furman on 2/3/2017) (mro)

January 30, 2017

Filing 256 ORDER NO. 121: The Court adopts a revised schedule for these two New GM Discovery Pool Category C Replacement Case selections as follows herein. To the extent not modified herein, all deadlines in Order Nos. 107 and 118 (and any other previous order modifying Order Nos. 107 and 118) remain in full force and effect. (As further set forth herein.) Fact Discovery due by 5/22/2017. Expert Discovery due by 9/14/2017. (Signed by Judge Jesse M. Furman on 1/30/2017) (kgo)

January 27, 2017

Filing 255 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiff listed on the attached Exhibit A (Jacqueline Brown), by and through her undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby gives notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection and consents to the dismissal with prejudice of this plaintiff's actions. The Clerk of Court is directed to close 16-CV-7583. (Signed by Judge Jesse M. Furman on 1/26/2017) (mro)

January 25, 2017

Filing 254 ORDER NO. 120: For ease of reference, the chart attached as Exhibit 1 to this Order summarizes all of the pretrial deadlines set forth above for Bellwether Trial No. 7. If any party should later move to amend any of these deadlines, that party shall submit as part of the letter motion requesting the extension a revised version of this chart with the proposed amendments. Amended Pleadings due by 2/24/2017. Motions due by 4/10/2017. Responses due by 5/8/2017 Replies due by 5/19/2017. Deposition due by 6/22/2017. Final Pretrial Conference set for 6/29/2017 at 09:00 AM before Judge Jesse M. Furman. Proposed Pretrial Order due by 6/22/2017. (Signed by Judge Jesse M. Furman on 1/25/2017) (kgo)

January 25, 2017

Filing 253 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The Plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give their notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors, LLC and all other defendants. Costs taxed as paid. General Motors, LLC has no objection to the dismissal with prejudice of these plaintiffs' actions. SO ORDERED. The Clerk of Court is directed to close 15-CV-7552. (Signed by Judge Jesse M. Furman on 1/25/2017) (mro)

January 10, 2017

Filing 252 MEMO ENDORSEMENT on re: (71 in 1:16-cv-00028-JMF) FIRST LETTER MOTION to Substitute Attorney. Old Attorney: Jeffrey D. Gold, New Attorney: N/A addressed to Judge Jesse M. Furman from Jeffrey D. Gold dated January 10, 2017. filed by Gabriel Armenta. ENDORSEMENT: Plaintiff is directed to file any opposition to counsel's motion to withdraw no later than January 24, 2017. Counsel's reply, if any, shall be filed no later than January 31, 2017. Counsel for Plaintiff is directed to serve a copy of this memo endorsement on Plaintiff and promptly file proof of such service on the docket. ( Responses due by 1/24/2017, Replies due by 1/31/2017.) (Signed by Judge Jesse M. Furman on 1/10/2017) (mro)

December 15, 2016

Filing 251 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against General Motors LLC and all other defendants. Costs taxed as paid. General Motors LLC has no objection to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 12/15/2016) (cla)

December 13, 2016

Filing 250 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulated to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 12/13/2016) (cla)

December 8, 2016

Filing 249 ENDORSED LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser & Bob Hilliard dated 12/7/2016 re: Opposition to Request for Extension. ENDORSEMENT: Given New GM's extension and the holidays, Plaintiffs' deadline to respond to the summary judgment motion is extended to January 6, 2017; New GM's deadline to reply is extended to January 20, 2017. (Responses due by 1/6/2017, Replies due by 1/20/2017.) (Signed by Judge Jesse M. Furman on 12/7/2016) (cla)

December 2, 2016

Filing 248 ORDER NO. 119 [Regarding Absent Class Member Discovery Related to Fourth Amended Consolidated Complaint]: The Court, having received and reviewed the parties' competing positions set forth in their November 16, 2016 and December 1, 2016 joint letters (Docket No. 3533, 3563), HEREBY ORDERS, ADJUDGES, and DECREES that Phase Three discovery of absent putative class members (members of the alleged classes that have not been named in the Fourth Amended Consolidated Complaint ("FACC")) shall proceed as set forth in this Order. (Signed by Judge Jesse M. Furman on 12/2/2016) (mro)

November 28, 2016

Filing 247 ORDER NO. 118 [Regarding the Amended Phase Two Bellwether Plan for Personal Injury and Wrongful Death Cases]: Order No. 107 set forth the schedule for the Phase Two Bellwether Plan for Personal Injury and Wrongful Death Cases based on claims arising out of alleged defects in vehicles manufactured by General Motors LLC ("New GM") or General Motors Corporation ("Old GM"). The Phase Two Bellwether Plan covers three categories of claims involving accidents occurring on or after July 11, 2009. (See Order No. 107, Docket No. 3081.) Dispositive motions for the Initial Limited Case Pool shall be filed on or before Friday, February 17, 2017. Dispositive motions shall be limited to the following issue: Does a disputed issue of material fact exist over whether an alleged inadvertent ignition switch rotation occurred in an accident where the air bags deployed during the accident? Oppositions to dispositive motions shall be filed on or before Monday, March 20, 2017. Any replies shall be filed on or before Monday, April 3, 2017. By Monday, January 9, 2017, Lead Counsel and counsel for New GM shall each submit letter briefs proposing the sequence of trials for MDL Bellwether Trials 7-9 and setting forth the parties' supporting rationales for their proposed sequences. The Court will then designate the sequence for trying these three Phase Two Early Trial Cases. Fact discovery and expert discovery for Lead Counsel's Discovery Pool Category C Replacement Cases shall proceed on a different schedule from New GM's Category C Discovery Pool Case selections. Fact discovery in the Discovery Pool Category C Replacement Cases will conclude no later than Friday, March 17, 2017. By 5:00 p.m. EDT on Monday, March 20, 2017, New GM will exercise one strike against a Discovery Pool Category C Replacement Case selected by Lead Counsel. The remaining case will constitute the Phase Two Category C Replacement Case Early Trial Candidate and will proceed to case-specific expert discovery as follows: (a) Lead Counsel shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Wednesday, April 26, 2017. (b) Lead Counsel shall present their expert witnesses for deposition on or before Friday, May 26, 2017. (c) New GM shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Friday, June 2, 2017. (d) New GM shall present its expert witnesses for deposition on or before Monday, July 6, 2017. (e) Absent good cause, no rebuttal expert reports shall be permitted. (f) Expert discovery for the Phase Two Category C Replacement Case Trial Candidate shall conclude by Monday, July 6, 2017. The Phase Two Category C Replacement Case Trial Candidate shall be scheduled as MDL Bellwether Trial No. 10 from January 15, 2018-February 2, 2018 as set forth in Order No. 107 paragraph 13. To the extent not modified herein, all deadlines in Order No. 107 (and any other previous order modifying Order No. 107) remain in full force and effect. (As further set forth in this Order.) ( Brief due by 1/9/2017., Deposition due by 7/6/2017., Expert Discovery due by 7/6/2017., Fact Discovery due by 3/17/2017., Motions due by 2/17/2017., Responses due by 3/20/2017, Replies due by 4/3/2017.) (Signed by Judge Jesse M. Furman on 11/28/2016) (mro)

November 18, 2016

Filing 246 ORDER NO. 117: The Status Conference previously scheduled for Friday, December 14, 2016 at 9:30 a.m. EST shall remain on the schedule. In addition, a Status Conference will be held Friday, February 10, 2017, at 9:30 a.m. EST. Both Status Conferences shall be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (As further set forth in this Order.) Consistent with the Court's comments on the record at the Status Conference, the parties will keep the Court apprised of developments regarding settlement. (Status Conference set for 12/14/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman., Status Conference set for 2/10/2017 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/18/2016) (cf)

November 16, 2016

Filing 245 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 11/16/2016) (mro)

November 10, 2016

Filing 243 ORDER OF DISMISSAL: The Court having been advised on the record at the November 10, 2016 Conference that all claims asserted in Davidson v. General Motors, LLC have been settled in principle, it is ORDERED that the above-entitled member action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. (As further set forth in this Order.) Any pending motions are moot. The Clerk of Court is directed to close the member case. (Signed by Judge Jesse M. Furman on 11/10/2016) (cf)

November 9, 2016

Filing 244 NOTICE OF VOLUNTARY DISMISSAL The plaintiffs listed on the attached Exhibit A, each by and through their undersigned counsel, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the Memorandum of Understanding entered into by the parties, hereby give notice of the voluntary dismissal with prejudice of all actions, claims, and causes of action against all General Motors LLC and all other defendants, including but not limited to the actions listed in the attached Exhibit A. Costs taxed as paid. General Motors LLC consents and stipulates to the dismissal with prejudice of these plaintiffs' actions. The Clerk of Court is directed to terminate the listed plaintiffs listed as parties and, in the event all other plaintiffs in a case have been terminated (or the named plaintiffs are the sole plaintiffs in a case), to close the case. (Signed by Judge Jesse M. Furman on 11/9/2016) (mro)

November 9, 2016

Filing 242 ORDER NO 116 - Regarding the Agenda for the November 10, 2016 Status Conference: In addition to the agenda items set forth in the Courts November 7, 2016 Memo Endorsement, (Docket No. 3497), counsel should confer, as appropriate, with respect the following issues and/or questions and be prepared to address them at the November 10, 2016 Status Conference:(1) the status of the settlements between New GM and clients of Hilliard Munoz Gonzalez LLP and Thomas J. Henry Injury Attorneys (see Docket No. 1854), and any upcoming deadlines;(2) whether the Court should set a deadline for remand of any remaining cases falling within the scope of the Phase One Bellwether Plan and, if so, what the deadline should be and what procedures should govern remands; and(3) communications with, and discovery from, absent class members. As the Court will explain, it is inclined to allow New GM to pursue discovery from absent class members, but to limit and structure such discovery, either by capping the number of absent class members from whom New GM can take discovery or through some sort of statistical sampling. (Signed by Judge Jesse M. Furman on 11/9/2016) (ab)

November 4, 2016

Filing 241 SCHEDULING ORDER: IT IS HEREBY ORDERED that the status conference in this matter, previously scheduled for November 10, 2016, at 3:30 p.m., is RESCHEDULED to for the same day at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall promptly update the MDL website accordingly. The Clerk of Court is directed to docket this order in 14-MD-2543, 14-MC-2543, and all member cases. (Signed by Judge Jesse M. Furman on 11/4/2016) (ab)

October 20, 2016

Filing 240 ORDER NO. 115: The Court, having held a Status Conference on October 13, 2016, and having given counsel an opportunity to be heard on the agenda items set forth in the Court's October 11, 2016 Memo Endorsement (Docket No. 3420), issues this Order to memorialize the actions taken and rulings made at the Status Conference. The Status Conference previously scheduled for November 9, 2016 has been rescheduled to Thursday, November 10, 2016 at 3:30 p.m. EST. In addition, a Status Conference will be held Wednesday, December 14, 2016 at 9:30 a.m. EST. Both Status Conferences shall be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments on the record at the Status Conference, the parties shall meet and confer regarding the discovery issues raised in the Status Conference agenda letter (Docket No. 3416), and, no later than Tuesday, October 18, 2016, submit a joint letter advising the Court of those issues they have been able to resolve and those that remain in dispute. Per the Court's Order of October 19, 2016, granting an extension, no later than Wednesday, October 26, 2016, the parties shall submit competing letter briefs (not to exceed five single-spaced pages) regarding any unresolved issues. (As further set forth in this Order) (Signed by Judge Jesse M. Furman on 10/20/2016) (kl) Modified on 10/20/2016 (kl).

October 20, 2016

Set/Reset Hearings: Status Conference set for 12/14/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (kl)

October 14, 2016

Filing 239 ORDER NO. 114: For ease of reference, the chart attached as Exhibit 1 to this Order summarizes all of the deadlines set forth above and in Order No. 113 for next steps related to the economic loss claims in the MDL. If any party should later move to amend any of these deadlines, that party shall submit as part of the letter motion requesting the extension a revised version of this chart with the proposed amendments. ( Brief due by 11/14/2016., Deposition due by 11/2/2017., Fact Discovery due by 9/1/2017., Motions due by 1/19/2018., Responses due by 2/28/2018, Replies due by 3/28/2018., Reply to Response to Brief due by 2/17/2017., Responses to Brief due by 1/20/2017) (Signed by Judge Jesse M. Furman on 10/14/2016) (kgo)

October 13, 2016

Filing 238 ORDER NO. 113: The Court, having received and reviewed the parties' joint proposed order, HEREBY ORDERS, ADJUDGES, AND DECREES that motion practice concerning the successor liability claims in the Fourth Amended Consolidated Complaint ("FACC"), shall proceed as further set forth in this Order. (Signed by Judge Jesse M. Furman on 10/13/2016) (lmb)

October 11, 2016

Filing 237 ENDORSED LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser, Bob Hilliard dated 10/7/2016 re: Tentative Agenda for the October 13, 2016 Status Conference. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the October 13, 2016 status conference. In addition, the parties are advised that the Court needs to reschedule the status conference scheduled for November 9, 2016, due to a trial in an another matter. Counsel should be prepared to address a new date and time at the conference. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 10/11/2016) (cla)

September 19, 2016

Filing 236 ORDER NO. 112 [Regarding the September 7, 2016 Status Conference] denying without prejudice (193) Motion to Dismiss in case 1:14-cv-08385-JMF: In addition to the Status Conference previously scheduled for Thursday, October 13, 2016 at 2:00 p.m. EDT (see Order No. 111 I (Docket No. 3178)), a Status Conference will be held on Wednesday, November 9, 2016 at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties should continue to keep the Court apprised of proceedings in the Supreme Court, Second Circuit, and the Bankruptcy Court that may be related to the MDL Proceeding. Plaintiffs were granted an extension until Thursday, September 15, 2016 to file the Fourth Amended Consolidated Complaint ("FACC"). The deadline set forth in Order No. 111 for the parties to file joint or competing letter briefs regarding issues related to the FACC by Thursday, October 6, 2016 at 12:00 p.m. EDT remains in effect. The Boyd plaintiff's motion to dismiss is denied without prejudice. The parties should meet and confer immediately regarding the issues raised by Lead Counsel at the Status Conference, including any jurisdictional concerns, and raise any unresolved issues promptly, and as further set forth in this order. The Clerk of Court is directed to terminate 14-CV-8385, Docket No. 193. (Signed by Judge Jesse M. Furman on 9/19/2016) (tn)

September 19, 2016

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steve Berman re: Document No. #234 Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted - THE DEADLINE WAS SEPTEMBER 13, 2016.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (laq)

September 19, 2016

Set/Reset Deadlines: Brief due by 10/6/2016. (tn)

September 19, 2016

Set/Reset Hearings: Status Conference set for 10/13/2016 at 02:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 11/9/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (tn)

September 16, 2016

Filing 235 EXHIBIT TO PLEADING re: #234 Amended Complaint,. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 9-7-16 Status Conference Transcript)(Berman, Steve)

September 16, 2016

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steve W. Berman re: Document No. #234 Amended Complaint,. The filing is deficient for the following reason(s): the order granting permission to file the pleading was not attached; Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (dgo)

September 15, 2016

Filing 234 FOURTH AMENDED COMPLAINT amending #182 Amended Complaint, against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs. Related document: #182 Amended Complaint, filed by GM Ignition Switch MDL Plaintiffs, Paul Pollastro. (Attachments: #1 Fourth Amended Complaint Continued)(Berman, Steve) Modified on 9/16/2016 (dgo).

September 6, 2016

Filing 233 MEMO ENDORSEMENT on re: (3330 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: The Court has been advised that the Cockram and Norville cases have settled. In light of that, the Court is cancelling the jury panel called for tomorrow and the conference will be devoted to MDL issues generally, including the issues set forth above. Counsel should also be prepared to discuss whether, in light of the settlements of Cockram and Norville, the Court can do anything else to facilitate resolution of the remaining cases in the MDL (both core ignition switch cases and other cases, including those subject to the bellwether phase two plan). Given the settlement of Cockram and the limited nature of the agenda above, tomorrow's conference will begin at 9:30 a.m. instead of 9 a.m. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 9/6/2016) (tn)

September 6, 2016

Set/Reset Hearings: Status Conference set for 9/7/2016 at 09:30 AM before Judge Jesse M. Furman. (tn)

August 25, 2016

Filing 232 LETTER addressed to Judge Jesse M. Furman from Marjorie Creamer, dated 8/15/16 re: PLEADING FOR THE FOLLOWING JUDGMENT FURTHER DEFAULT OF GM FAILING TO NOTIFY IGNITION SWITCH/ ENCLOSED ARE VIN#1G1AL55F367780039 - 18 PAGES OF POLICE REPORT, CIVIL SUIT, PICTURES OF 2006 ETC. Document filed by Marjorie A. Creamer.(sc)

August 24, 2016

Filing 231 MEMORANDUM OPINION AND ORDER [Regarding the Collateral Estoppel Effect of the Second Circuit's Opinion in In re Motors Liquidation Co.]: Upon review of the parties' submissions (see Pl.'s Mem. Law Regarding Application of Collateral Estoppel (Docket No. 3214) ("Pl.'s Mem."); Def. Gen. Motors LLC's Mem. Law Regarding Collateral Estoppel (Docket No. 3216, Ex. 1) ("New GM's Mem.")); Pl.'s Reply Supp. Mem. Law Regarding Application Collateral Estoppel (Docket No. 3250) ("Pl.'s Reply"); New GM's Reply Brief Regarding Collateral Estoppel (Docket No. 3251), Cockram's request is DENIED. Cockram's argument that the Court should give collateral estoppel effect to the Second Circuit's decision in In re Motors Liquidation Co. (or to the Bankruptcy Court's own factual findings) is rejected as either unripe or without merit. (Signed by Judge Jesse M. Furman on 8/24/2016) (tn)

August 24, 2016

Filing 230 MEMORANDUM OPINION AND ORDER [Regarding the Parties' Categorical Objections to Deposition Designations and Counter-Designations]: The next bellwether trial in this multidistrict litigation ("MDL"), brought by Plaintiff Stephanie Cockram and familiarity with which is presumed, is scheduled to begin on September 12, 2016. Pursuant to Section 2(j) of Order No. 100 (Docket No. 2836), each party has raised "categorical" objections to the other's deposition designations and counter-designations. The Court will address each objection in turn, as further set forth in this order. Per Section 2(j) of Order No. 100, any remaining deposition designation disputes shall be submitted to the Court no later than August 30, 2016. (Signed by Judge Jesse M. Furman on 8/24/2016) (tn)

August 18, 2016

Filing 229 OPINION AND ORDER re: (2966 in 1:14-md-02543-JMF, 429 in 1:14-cv-08176-JMF) MOTION in Limine No. 26 to Exclude Testimony from Mary Cockram and Danny Cockram Regarding the Post-Accident Position of the Ignition Switch, filed by General Motors LLC, (444 in 1:14-cv-08176-JMF, 2983 in 1:14-md-02543-JMF) MOTION in Limine No. 28 to Exclude Evidence and Argument Relating to Plaintiff's Claim And/Or Plaintiff's Communications with the GM Ignition Compensation Claims Resolution Facility, filed by General Motors LLC, (2987 in 1:14-md-02543-JMF, 448 in 1:14-cv-08176-JMF) MOTION in Limine No. 8 to Exclude Certain Evidence and/or Argument Regarding New GMs Ignition Compensation Claims Resolution Facility, filed by Stephanie Cockram, (2962 in 1:14-md-02543-JMF, 425 in 1:14-cv-08176-JMF) MOTION in Limine No. 3 to Exclude Evidence of Post-Accident Drug Testing, Termination, and Rehabilitation, filed by Stephanie Cockram, (434 in 1:14-cv-08176-JMF, 2973 in 1:14-md-02543-JMF) MOTION in Limine No. 5 to Exclude from Trial Evidence of Marijuana and Tobacco Use and Smoking While Pregnant, filed by Stephanie Cockram, (439 in 1:14-cv-08176-JMF, 2978 in 1:14-md-02543-JMF) MOTION in Limine No. 6 to Exclude Evidence and/or Argument Regarding Certain of Plaintiff's Employment Records, filed by Stephanie Cockram, (2961 in 1:14-md-02543-JMF, 424 in 1:14-cv-08176-JMF) MOTION in Limine No. 25 to Exclude Evidence Relating to Improper Lay Opinions and Speculative Testimony by EMT Lester Harrell, Trooper James Cline, and Sergeant Jonathan Clark, filed by General Motors LLC, (2975 in 1:14-md-02543-JMF, 436 in 1:14-cv-08176-JMF) MOTION in Limine No. 27 to Exclude Evidence Relating to Recall Repairs, the Sufficiency of the Recall Notice, and the Availability of Repair Parts and Loaner Vehicles, filed by General Motors LLC, (2982 in 1:14-md-02543-JMF, 443 in 1:14-cv-08176-JMF) MOTION in Limine No. 7 to Exclude Evidence and/or Argument Regarding Her School Records and Learning Disabilities, filed by Stephanie Cockram. For the foregoing reasons, New GM's twenty-seventh and twenty-eighth motions in limine and Cockram's third and sixth motions in limine are granted; New GM's twenty-fifth and twenty-sixth motions in limine and Cockram's fifth motion in limine are granted in part and denied in part; Cockram's seventh motion in limine is granted in part and deferred in part; and Cockram's eighth motion in limine is denied. More specifically, the Court holds as follows: New GM's twenty-fifth motion in limine is granted with respect to the lay opinions of Harrel, Cline, and Clark concerning airbag non-deployment, but denied with respect to Harrell's seatbelt-related testimony; New GM's twenty-sixth in limine is granted as unopposed with respect to Mrs. Cockram, but denied with respect to Mr. Cockram, who may offer testimony regarding the position of the ignition switch; New GM's twenty-seventh motion in limine is granted as unopposed; New GM's twenty-eighth motion in limine is granted and Cockram's eighth motion in limine is denied. More specifically, New GM may introduce evidence of the Feinberg Program, but Cockram may not introduce evidence regarding her particular claim or settlement offer. In addition, the parties are directed to meet and confer and, if necessary, submit simultaneous letter briefs no later than August 29, 2016, and not to exceed five pages on the issue of appropriate remedies, including the issue of bifurcation; Cockram's third motion in limine (concerning her drug use) is granted, while her fifth motion in limine (concerning her tobacco use) is granted in part and denied in part, subject to Cockram's objections at trial; Cockram's sixth motion in limine is granted, subject to the right of New GM to seek reconsideration of the Court's ruling with respect to Cockram's pre-accident absences in the unlikely event that Cockram somehow opens the door to such evidence; and Cockram's seventh motion in limine is granted to the extent that she seeks to preclude admission of her college transcripts and 2002 vocational report, and otherwise deferred to trial. The Clerk of Court is directed to terminate 14-MD-2543, Docket Nos. 2961, 2962, 2966, 2973, 2975, 2978, 2982, 2983, and 2987; and 14-CV-8176, Docket Nos. 424, 425, 429, 434, 436, 439, 443, 444, and 448. (As further set forth in this Opinion) (Signed by Judge Jesse M. Furman on 8/18/2016) (kl)

August 15, 2016

Filing 228 OPINION AND ORDER re: (412 in 1:14-cv-08176-JMF) MOTION for Summary Judgment filed by General Motors, L.L.C., (2938 in 1:14-md-02543-JMF) MOTION for Summary Judgment filed by General Motors LLC: For the reasons stated above, New GM's motion for summary judgment is GRANTED in part and DENIED in part. Specifically, although Cockram's failure-to-recall claim and constructive fraud claim are dismissed, her other Independent Claims survive. As a result, Cockram may seek punitive damages in this case. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 2938; and 14-CV-8176, Docket No. 412. (Signed by Judge Jesse M. Furman on 8/15/2016) (tn)

August 5, 2016

Filing 227 ORDER NO. 111: In addition to the Status Conference previously scheduled for September 7, 2016 at 9:00 a.m. EDT (see Order No. 100 3 (Docket No. 2833)), a Status Conference will be held Thursday, October 13, 2016 at 2:00 p.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the Status Conference, the parties should continue to keep the Court apprised of proceedings in the Second Circuit and the Bankruptcy Court that may be related to the MDL Proceeding. Consistent with the Court's comments at the Status Conference, until the Court orders otherwise, those Bankruptcy Court appeals currently pending in MDL 2543 shall remain stayed. The parties are directed to meet and confer and, no later than Thursday, August 4, 2016, submit a joint letter stating their respective positions regarding a proposed schedule for resolving each of the appeals in light of the Second Circuit proceedings and filing of the Fourth Amended Consolidated Complaint. Consistent with the Court's July 26, 2016 Memo Endorsement (Docket No. 3142), the Cockram plaintiff's request to alter the Court's standard order of summations is DENIED. Additionally, the parties are directed to submit simultaneous briefs, not to exceed fifteen pages, regarding the collateral-estoppel effect issue no later than Tuesday, August 9, 2016; replies, not to exceed eight pages, shall be filed no later than Tuesday, August 16, 2016. (As further set forth in this Order.) Status Conference set for 10/13/2016 at 02:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/4/2016) (kgo) Modified on 8/5/2016 (kgo). Filed In Associated Cases: 1:14-md-02543-JMF et al., as per Chambers.

August 5, 2016

Set/Reset Deadlines: Brief due by 8/9/2016. (kgo)

August 2, 2016

Filing 226 ORDER: Plaintiff Marjorie Creamer, proceeding pro se, attended the status conference on July 28, 2016, and requested the Court's assistance in understanding the next steps in her case. (As further set forth in this Order.) Because Ms. Creamer is proceeding pro se, that is, not represented by an attorney, she must move for permission to become an Electronic Case Filing ("ECF") user (and take all other necessary steps to do so) no later than August 26, 2016. (A copy of this Court's Motion for Permission to Become an ECF user is also attached to this Order.) As long as Ms. Creamer is proceeding pro se and is not granted permission to use the ECF system, all of her communications with the Court must be directed to the Courts Pro Se office, 500 Pearl Street, Room 200, New York, New York 10007. These communications should include references to Dockets 14-MD-2543 (the "MDL Docket") and 16-CV-3923 (her individual member case). Until she is registered as an ECF user, counsel for New GM is directed to serve Ms. Creamer with any Order or court filing that pertains to her specific member case. The Clerk of Court is directed to mail a copy of this Order to Ms. Creamer at the address listed on the docket. (Signed by Judge Jesse M. Furman on 8/2/2016) (cf)

August 2, 2016

Transmission to Docket Assistant Clerk. Transmitted re: #226 Order to the Docket Assistant Clerk for case processing. (cf)

August 1, 2016

COUNTS I THROUGH XIV OF PLAINTIFFS' COMPLAINT ARE REMANDED OUT (16-cv-4180) from the U.S.D.C. Southern District of New York to Common Pleas Court of the State of Pennsylvania, County of Allegheny. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1004 351 5 on 8/12/2016. Filed In Associated Cases: 1:14-md-02543-JMF, 1:16-cv-04180-JMF(cf) (cf)

August 1, 2016

Filing 225 ORDER granting in part and denying in part (3097) Motion to Remand to State Court in case 1:14-md-02543-JMF; granting in part and denying in part (88) Motion to Remand to State Court in case 1:16-cv-04180-JMF. In accord with the parties' stipulation and agreement, the Court orders as follows: 1. New GM does not oppose the claims between the Plaintiffs and the Moving Defendants being severed from the case pursuant to Federal Rule of Civil Procedure 21 and remanded to the Court of Common Pleas of Allegheny County, Pennsylvania. Accordingly, Counts I through XIV of Plaintiffs' Complaint are severed and remanded to the Court of Common Pleas of Allegheny County, Pennsylvania. New GM shall not file or pursue claims relating to this action against the Moving Defendants in MDL 2543 or any other federal court. All cross-claims filed by a Moving Defendant against another Moving Defendant are severed and remanded to the Court of Common Pleas of Allegheny County, Pennsylvania. 2. The Moving Parties withdraw all requests to remand the claims between Plaintiffs and New GM or Motors Liquidation Company f/k/a General Motors Corporation ("Old GM," and collectively with New GM described in the Complaint as the "GM Defendants"). The Moving Parties waive any right to seek remand of the claims between Plaintiffs and the GM Defendants, and the Moving Parties stipulate that the claims between Plaintiffs and the GM Defendants will remain in this MDL 2543, pending further order of this Court. Should this Court remand the claims between Plaintiffs and the GM Defendants for trial at the close of coordinated or consolidated proceedings, such remand shall be to the Western District of Pennsylvania. Accordingly, Counts XV through XXIV of Plaintiffs' Complaint shall remain in this Court as part of MDL 2543. The Moving Parties shall not file or pursue claims relating to this action against the GM Defendants in any state court. The Moving Defendants withdraw all cross-claims against the GM Defendants. In the event that Old GM were to file or pursue claims against any Moving Defendant, the Moving Defendants reserve their rights to file and pursue claims against Old GM. (As further set forth in this Order.) The Clerk of Court is directed to terminate 16-CV-4180, Docket No. 88 and 14-MD-2543, Docket No. 3097. (Signed by Judge Jesse M. Furman on 8/1/2016) (cf)

August 1, 2016

Transmission to Docket Assistant Clerk. Transmitted re: #225 Order to the Docket Assistant Clerk for case processing. (cf)

July 29, 2016

Filing 224 ORDER NO. 110: Upon consideration of the parties' agreed-upon proposed order, with the modifications discussed at the July 28, 2016 status conference, and for good cause shown, it is hereby ORDERED that: 1. Any plaintiff who fails to comply with his or her obligations under Order No. 108 may be subject to having his or her claims dismissed. For plaintiffs whose claims were pending in MDL 2543 as of July 13, 2016, plaintiffs must comply with Order No. 108 within 90 days of the entry of Order No. 108. For plaintiffs whose claims are subsequently transferred and/or consolidated to MDL 2543, plaintiffs must comply with Order No. 108 within 90 days of his or her claims being transferred to and/or consolidated in MDL 2543. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 7/28/2016) (kko)

July 26, 2016

Filing 223 MEMO ENDORSEMENT on re: (3136 in 1:14-md-02543-JMF) Letter, filed by GM Ignition Switch MDL Plaintiffs. ENDORSEMENT: The Court makes the following rulings with respect to disputes and issues raised above: (1) The request to extend the deadline to file the FACC until September 13, 2016, is GRANTED; (2) The Court will entertain briefing on the Cockram collateral estoppel effect issue. Unless the Court orders otherwise at the July 28, 2016 status conference, the parties are directed to submit simultaneous briefs, not to exceed fifteen pages, no later than August 9, 2016; replies, not to exceed eight pages, shall be filed no later than August 16, 2016; (3) Plaintiff Stephanie Cockram's request to alter the Court's standard practice with respect to the order of summations in the fifth bellwether trial is DENIED; and (4) The parties' request to extend the deadline, nunc pro tunc, to file briefs on absent putative class member discovery until September 20, 2016, is GRANTED. Counsel should otherwise be prepared to address, and/or update the Court with respect to, each of the issues discussed in the letter above at the July 28th status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (5) The parties should be prepared to propose a deadline by which the Yingling matter will be remanded to the transferor court (or the Court will set a deadline of its own choosing); and (6) The parties should be prepared to discuss the status of the appeals from the Bankruptcy Court that were stayed pending the Second Circuit's ruling (16-CV-0098, 16-CV-0501, 16-CV-0512). (Amended Pleadings due by 9/13/2016. Brief due by 9/20/2016. Responses to Brief due by 8/16/2016) (Signed by Judge Jesse M. Furman on 7/26/2016) (tn)

July 22, 2016

Filing 222 MEMORANDUM OPINION AND ORDER re: (388 in 1:14-cv-08176-JMF, 2874 in 1:14-md-02543-JMF) MOTION in Limine No. 1 to Exclude Evidence and/or Argument Regarding Collateral Source Benefits. filed by Stephanie Cockram, (390 in 1:14-cv-08176-JMF) MOTION in Limine No. 2 to Exclude Evidence Regarding Alleged Nonuse of Seatbelt. filed by Stephanie Cockram, (2886 in 1:14-md-02543-JMF) MOTION in Limine No. 2 to Exclude Evidence Regarding Alleged Nonuse of Seatbelt. filed by Stephanie Cockram: For the foregoing reasons, Plaintiffs' Motions in Limine Nos. 1 and 2 are both GRANTED in part and DENIED in part. Specifically, Plaintiff may move to exclude collateral source evidence should New GM seek to introduce it at trial for purposes of impeachment or rebuttal, but New GM may not introduce collateral source evidence for any other purpose; and New GM may introduce evidence of alleged seatbelt non-use for a relevant purpose - on issues such as negligent design and manufacture, product misuse, and whether the seatbelt pretensioners should have deployed - but not to show Plaintiff's negligence, to mitigate damages, or to show that Plaintiff's injuries would otherwise have been less severe. The Clerk of Court is directed to terminate 14-MD-2543, Docket Nos. 2874 and 2886, and 14-CV-8176, Docket Nos. 388 and 390. (Signed by Judge Jesse M. Furman on 7/21/2016) (tn)

July 15, 2016

Filing 221 OPINION AND ORDER [Regarding New GM's Partial Motion To Dismiss the Third Amended Consolidated Class Action Complaint] re: (2356 in 1:14-md-02543-JMF) MOTION to Dismiss Claims of Certain Plaintiffs in the Third Amended Consolidated Complaint filed by General Motors LLC: In short, many of the claims of the named Plaintiffs in this motion survive, but a large swath of the claims in the TACC - those brought under RICO, those brought on behalf of Plaintiffs whose cars were not allegedly defective when sold, and those brought on behalf of Plaintiffs whose cars are too dissimilar from the named Plaintiffs' cars - are foreclosed. (For convenience, a chart indicating whether New GM's motion is granted or denied with respect to each state law claim is attached as Exhibit A.) Additionally, the Court rejects Plaintiffs' broadest theory of damages - the brand devaluation theory as unprecedented and unsound. Thus, to the extent that Plaintiffs are entitled to relief at all, they are entitled - at most - to benefit-of-the-bargain defect damages, out-of-pocket damages, and the like. Although this ruling addresses only some of the claims in the TACC, it will undoubtedly inform the parties with respect to the viability of other claims and, more generally, bear upon the further progress of the MDL. The July 13, 2016 ruling from the Second Circuit, which held that purchasers of Old GM cars with ignition switch defects can bring claims for Old GM's wrongdoing against New GM has, in all likelihood, also substantially redefined the scope of the claims that may proceed. The parties should be prepared to discuss the implications of this Court's ruling and the Second Circuit's ruling at the July 28, 2016 status conference - including but not limited to implications for the next phase of discovery. (See Docket Nos. 1569, 2156). Additionally, within thirty days from the date of this Opinion and Order, Plaintiffs shall submit their proposed amendments to the TACC. (See Docket No. 2323). The Clerk of Court is directed to terminate Docket No. 2356. (Signed by Judge Jesse M. Furman on 7/15/2016) (tn)

July 13, 2016

Filing 220 ORDER NO. 109: Application of Certain Pretrial Orders in Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 6: Pursuant to Order No. 101, GM LLC and Plaintiff submitted a joint letter and proposal regarding the applicability of certain pretrial rulings from Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 6. Having reviewed the parties' submissions, and for good cause shown, the Court adopts the holdings contained in the chart attached as Exhibit 1 to this Order concerning the applicability of the listed Bellwether Trial Nos. 1 and 2 pretrial orders to Bellwether Trial No. 6. To the extent either party intends to file new briefing in accordance with this Order, the parties shall first meet and confer to avoid unnecessary motion practice and to narrow any disputes. Finally, for good cause shown (by way of letter motion seeking leave from the Court), any party may seek modification or reconsideration of the Court's evidentiary rulings that are deemed applicable to Bellwether Trial No. 6 pursuant to this Order if later rulings on motions in limine, dispositive motions, or Daubert motions change the scope of relevant and admissible evidence in Bellwether Trial No. 6. A party may seek such leave to move for such modification or reconsideration, however, only after meeting and conferring with the other side. Effect of This Order on Other Rules and Orders: To the extent not explicitly modified herein, the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials and all other applicable Orders of this Court remain in full force and effect. The Court may enter additional and/or modified orders regarding the pretrial schedule of Bellwether Trial No. 6 as circumstances require. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 7/13/2016) (kko)

July 13, 2016

Filing 219 ORDER NO. 108 in case 2:14-cv-02458-JMF; terminating (2903) Motion for Seeking Documentation from Personal Injury and Wrongful Death Plaintiffs in case 1:14-md-02543-JMF. Upon consideration of New GM's motion (see Docket No. 2903), submissions by Lead Counsel and New GM, and discussion on the record at the June 17, 2016 MDL 2543 status conference, and for good cause shown, it is hereby ORDERED that: 1. Each Plaintiff in MDL 2543 asserting claims for a Subject Incident that occurred on or after July 10, 2009 is hereby ordered to produce the following documentation: Drivers License of the Claimant. (As further set forth in this Order.) Counsel for New GM is directed to serve a copy of this Order on all pro se Plaintiffs in the MDL. The Clerk of Court is directed to terminate Docket No. 2903. (Signed by Judge Jesse M. Furman on 7/13/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al., as per Chambers. (Signed by Judge Jesse M. Furman on 7/13/2016) (kko)

July 7, 2016

Filing 218 ORDER NO. 107.: Fact discovery in the Discovery Pool Cases will commence on Tuesday, August 2, 2016, and conclude no later than Thursday, December 1, 2016. Expert Discovery for the Phase Two Early Trial Cases shall be completed by Friday, March 17, 2017. Dispositive motions for the Initial Limited Case Pool shall be filed on or before Friday, January 27, 2017. Dispositive motions shall be limited to the following issue: Does a disputed issue of material fact exist over whether an alleged inadvertent ignition switch rotation occurred in an accident where the air bags deployed during that accident? Oppositions to dispositive motions shall be filed on or before Monday, February 27, 2017. Any replies shall be filed on or before Monday, March 13, 2017. (As further set forth in this Order.) (Deposition due by 1/13/2017., Expert Discovery due by 3/17/2017., Fact Discovery due by 12/1/2016., Motions due by 1/27/2017., Responses due by 2/27/2017, Replies due by 3/13/2017.) (Signed by Judge Jesse M. Furman on 7/7/2016) (cf)

June 23, 2016

Filing 217 ORDER NO. 106 [Regarding the June 17, 2016 Status Conference]: The Court, having held a Status Conference on June 17, 2016, and having given counsel an opportunity to be heard on the agenda items set forth in the Court's June 16, 2016 Memo Endorsement (Docket No. 3005), issues this Order to memorialize the actions taken and rulings made at the Status Conference. The parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 V, Docket No. 249) or in separate letter updates, as circumstances require. Consistent with the Court's comments at the Status Conference, the parties shall meet and confer and submit a joint proposed order regarding the selection of additional bellwether trial cases and related discovery by no later than Friday, July 1, 2016. Consistent with the Court's comments at the Status Conference, the parties shall meet and confer and submit a joint proposed orderor, if the parties are unable to reach agreement, competing letter briefs not to exceed five single-spaced pagesregarding MDL personal injury plaintiffs' submission of additional case documentation by no later than Friday, July 8, 2016. Consistent with the Court's comments at the Status Conference, Order No. 101 is modified to reflect that (a) jury questionnaires will be filled out on Friday, November 4, 2016 (rather than November 3), and the parties' jury strikes are now due on Wednesday, November 9, 2016 at 9:30 a.m. EST. Consistent with the Court's comments during the oral argument on New GM's motion to dismiss the TACC, by Friday, June 24, 2016, Lead Counsel and New GM shall each submit a letter brief (not to exceed six single-spaced pages) addressing relevant Missouri and Virginia law regarding defect manifestation, as well as the Ninth Circuit's decision in Living Designs, Inc. v. E.I. DuPont De Nemours & Co., 431 F.3d 353 (9th Cir. 2005). Additionally, New GM shall file its notice of supplemental authority regarding the Takata litigation by Friday, June 24, 2016. Lead Counsel shall respond to GM's notice of supplemental authority by Tuesday, June 28, 2016. (Signed by Judge Jesse M. Furman on 6/23/2016) (mro)

June 22, 2016

Filing 216 ORDER NO. 105 [Regarding Motions for Admission Pro Hac Vice for Attorneys of Record in Transferred Cases]: To avoid any confusion, effective immediately, Order No. 2 (Docket No. 26) is modified to make clear that, pursuant to Rule 2.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, counsel who have appeared as counsel of record in an action transferred into MDL 2543 prior to its transfer into this District need not file a motion for pro hac vice admission before this Court. Any attorney who appears in a member case after its transfer (or, in a case directly filed in this District, after its filing) must apply for pro hac vice status in accordance with Order No. 2. Either way, all counsel in transferred cases are directed to visit the Court's website at http://www.nysd.uscourts.gov to apply for CM/ECF filing privileges. If an attorney is in need of assistance, please call the Help Desk at 212-805-0800. (Signed by Judge Jesse M. Furman on 6/21/2016) (tn)

June 16, 2016

Filing 215 MEMO ENDORSEMENT on re: (2972 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the June 17, 2016, status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (1) The status of the Yingling settlement and remand; and (2) The status of the Hilliard/Henry settlement plaintiffs, and whether the time is ripe to address a procedure for dismissing member cases where plaintiffs have settled and released their claims against New GM. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 6/16/2016) (tn)

June 14, 2016

Filing 214 ORDER NO. 104 [Appointing Citibank, N.A. as Escrow Agent over the Common Benefit Order Fund]: the Court hereby amends paragraph 28 of Order No. 42 to state as follows in its entirety: "By subsequent order of this Court, the Court will appoint a qualified entity, approved by both Plaintiffs' Co-Lead Counsel and Defendant, to serve as Escrow Agent over the Common Benefit Order Fund and to keep detailed records of all deposits to and withdrawals from the Fund. The Escrow Agent's fees will be paid from the Common Benefit Order Fund and will be considered a shared cost. The Plaintiffs' Liaison Counsel must provide a copy of this Order to the Escrow Agent. Plaintiffs' Co-Lead Counsel will be responsible for preparing tax returns and other tax filings in connection with the Common Benefit Order Fund." The Court hereby appoints Citibank to serve as that Escrow Agent, to perform the duties of the Escrow Agent described in Order No. 42, and the Court approves the fees to be charged by Citibank as set forth in Schedule B of the Escrow Agreement to be entered into by Plaintiffs' Co-Lead Counsel with Citi. The Court hereby amends paragraph 48 of Order No. 42 such that references to the term "CPA" shall be replaced by the term "Escrow Agent," and so that references to "monthly" are replaced by the term "quarterly." (Signed by Judge Jesse M. Furman on 6/14/2016) (tn)

June 10, 2016

Filing 213 ORDER [Regarding Oral Argument on the Partial Motion To Dismiss the TACC]: On June 17, 2016, beginning at 9:15 a.m., the Court will hold oral argument on New GM's pending Motion To Dismiss portions of the Third Amended Consolidated Complaint. The Court intends to proceed topic-by-topic, with roughly 20 to 30 minutes total allocated to each side. The Court anticipates that oral argument will focus most heavily on the following topics, which the parties should be prepared to address Additionally, the parties did not address Virginia law on consumer and common-law fraud in any detail in their briefing on the Motion. They are hereby ORDERED to submit supplemental letter briefs, limited to a discussion of that topic with respect to Plaintiff Ashlee Hall-Abbott and not to exceed three single-spaced pages each, no later than June 24, 2016. (Signed by Judge Jesse M. Furman on 6/10/2016) (tn)

June 8, 2016

Filing 212 SCHEDULING ORDER: With apologies, the Court notes that an incorrect version of the rescheduling order in this case was docketed yesterday. (See Docket No. 2952). IT IS HEREBY ORDERED that the conference and oral argument in this matter, previously scheduled for June 17, 2016, at 9:30 a.m., are RESCHEDULED to begin at 9:15 a.m. on the same date in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Oral Argument set for 6/17/2016 at 09:15 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 6/17/2016 at 09:15 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/7/2016) (tn)

June 7, 2016

Filing 211 SCHEDULING ORDER: that the conference and oral argument in this matter, previously scheduled for June 17, 2016, at 9:30 a.m., are RESCHEDULED to begin at 9:45 a.m. on the same date in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Oral Argument set for 6/17/2016 at 09:45 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 6/17/2016 at 09:45 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/7/2016) (tn)

May 27, 2016

Filing 210 ORDER NO. 103 [Amending the Restrictions on Use of Confidential and Highly Confidential Information]: Defendants and Lead Counsel for plaintiffs having consented thereto, and for good cause shown, Order No. 10 Paragraph 7(a) (Docket No. 294) is amended to state as follows: "Restriction on Use. Confidential and Highly Confidential must be used only in this proceeding or in any Related Litigation, except that (i) General Motors LLC shall be permitted to use such information to assist in identifying, reporting, or resolving any potential safety issue; and (ii) nothing in this Protective Order shall be construed as limiting any party from disclosing a potential safety defect to an appropriate government agency." (Signed by Judge Jesse M. Furman on 5/27/2016) (mro)

May 18, 2016

Filing 209 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Marcus Wesley Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12316952. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Furukawa Electric Co., Ltd..(Lee, Marcus) Modified on 5/18/2016 (sdi).

May 18, 2016

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #209 MOTION for Marcus Wesley Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12316952. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Alabama; The wrong case number is listed on the documents;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)

May 12, 2016

Filing 208 MEMORANDUM OPINION AND ORDER re 2819 Letter re: Motion to Quash Non-Party Subpoena. This case, part of the multidistrict litigation ("MDL") relating to highly publicized defects in the ignition switches and related features of certain General Motors-brand vehicles, is scheduled to begin trial on September 12, 2016, as a "bellwether." By prior Order of the Court, fact discovery with respect to the case closed on June 22, 2015. (See Order No. 25 (Docket No. 422) paragraph 42). Almost exactly ten months later, on April 21, 2016, New GM served a subpoena on non-party Verizon Legal Compliance ("Verizon") seeking Plaintiff's cell phone records. Five days later, Plaintiff moved to quash the subpoena as untimely. (See Apr. 26, 2016 Ltr. (Docket No. 2819) ("Pl.'s Ltr.")). By Order entered on May 6, 2016, the Court granted Plaintiff's motion for reasons to be stated in an opinion to follow in due course. (See Docket No. 2839). This is that opinion. (As further set forth in this Order.) Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-cv-08176-JMF (Signed by Judge Jesse M. Furman on 5/11/2016) (kko)

May 10, 2016

Filing 207 ORDER NO. 102 [Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1 and 2 to MDL Bellwether Trial No. 5 (Cockram)]: Application of Certain Pretrial Orders in Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 5: Pursuant to Order No. 100 (Docket No. 2836), GM LLC and Plaintiff submitted a joint letter and proposal regarding the applicability of certain pretrial rulings from Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 5. Having reviewed the parties' submissions, and for good cause shown, the Court adopts the holdings contained in the chart attached as Exhibit 1 to this Order concerning the applicability of the listed pretrial rulings from Bellwether Trial Nos. 1 and 2 to Bellwether Trial No. 5. To the extent either party intends to file new briefing in accordance with this Order, the parties shall first meet and confer to avoid unnecessary motion practice and to narrow any disputes. Finally, for good cause shown (by way of letter motion seeking leave from the Court), any party may seek modification or reconsideration of the Court's evidentiary rulings that are deemed applicable to Bellwether Trial No. 5 pursuant to this Order if later rulings on motions in limine, dispositive motions, or Daubert motions change the scope of relevant and admissible evidence in Bellwether Trial No. 5. A party may only seek such leave to move for such modification or reconsideration, however, after meeting and conferring with the other side. Effect of This Order on Other Rules and Orders: To the extent not explicitly modified herein, the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials and all other applicable Orders of this Court remain in full force and effect. The Court may enter additional and/or modified orders regarding the pretrial schedule of Bellwether Trial No. 5 as circumstances require. (Signed by Judge Jesse M. Furman on 5/10/2016) (tn)

May 3, 2016

Filing 206 ORDER NO. 101: [Regarding Pretrial Deadlines for Bellwether Trial No. 6, Jury Selection Matters, Scheduling of the Final Pretrial Conference, and Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1 and 2 to MDL Bellwether Trial No. 6 (Norville)] Amended Complaint: Plaintiff shall file her second amended complaint by no later than Wednesday, June 1, 2016. New GM shall respond to plaintiff's second amended complaint by no later than Friday, July 1, 2016. Dispositive Norville Motions: Dispositive motions will be due on Wednesday, August 10, 2016. Responses are due fourteen (14) days after filing of the respective motions. Joint Pretrial Order: The parties shall submit their joint proposed pretrial order (consistent with the Court's Individual Rules and Practices for Civil Cases, except to the extent modified herein) by no later than Monday, September 26, 2016. Any remaining deposition designation disputes shall be submitted to the Court by no later than Tuesday, November 1, 2016 or three days after the Court rules on categorical objections, whichever is later. Final Pretrial Conference: The Court will hold the Final Pretrial Conference in Courtroom 1105 of the Thurgood Marshall Courthouse on Wednesday, November 9, 2016, at 9:30 a.m. EDT. (As further set forth in this Order) (Amended Pleadings due by 6/1/2016., Deposition due by 11/1/2016., Motions due by 8/10/2016., Proposed Pretrial Order due by 9/26/2016., Responses due by 8/24/2016, Replies due by 8/31/2016., Final Pretrial Conference set for 11/9/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/3/2016) (kl)

May 3, 2016

Filing 205 ORDER NO. 100 [Regarding Pretrial Deadlines for Bellwether Trial No. 5, Jury Selection Matters, Scheduling of the Final Pretrial Conference, and Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1 and 2 to MDL Bellwether Trial No. 5 (Cockram)]: Bellwether Trial No. 5 will begin on Monday, September 12, 2016.The Court plans to hold the trial in Courtroom 1105 of the Thurgood Marshall United States Courthouse, with a room reserved to accommodate any overflow of spectators. New GM shall respond to plaintiff's second amended complaint by no later than Wednesday, May 25, 2016. Dispositive motions will be due on Friday, June 3, 2016. Responses are due fourteen (14) days after filing of the respective motions. Replies are due seven (7) days after responsive briefs are filed. Friday, June 10, 2016. Responses, not to exceed 15 double-spaced pages per brief, are due fourteen (14) days after the filing of the respective motions. Replies, not to exceed five double-spaced pages, are due ten (10) days after responsive briefs are filed for the respective motions. Omnibus Daubert motions, not to exceed 50 double-spaced pages per brief, will be due on Thursday, May 12, 2016. Responses, not to exceed 50 double-spaced pages per brief, are due fourteen (14) days after filing of the respective motions. Replies, not to exceed 20 double-spaced pages per brief, are due seven (7) days after responsive briefs are filed. Joint proposed pretrial order (consistent with the Court's Individual Rules and Practices for Civil Cases, except to the extent modified herein) by no later than Tuesday, July 26, 2016. Proposed jury instructions and a proposed verdict form, whether a joint proposal or competing proposals, must be exchanged by no later than Wednesday, August 3, 2016. Jury instruction and verdict form disputes, along with the parties' proposed instructions and verdict forms, shall be submitted to the Court by no later than Friday, August 12, 2016. Final Pretrial Conference in Courtroom 1105 of the Thurgood Marshall Courthouse on Wednesday, September 7, 2016, at 9:00 a.m. EDT (taking a break, as needed, to address the prospective jurors in connection with the written questionnaire discussed below). The Court will then conduct oral voir dire of the remaining prospective jurors on Monday, September 12, 2016, beginning at 9:30 a.m. EDT., and as further set forth in this order. (Brief due by 8/26/2016. Deposition due by 7/20/2016. Motions due by 6/10/2016. Proposed Pretrial Order due by 7/26/2016. Responses due by 6/24/2016. Replies due by 7/5/2016. Responses to Brief due by 5/26/2016) (Final Pretrial Conference set for 9/7/2016 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Jury Selection set for 9/7/2016 at 09:00AM before Judge Jesse M. Furman. Voir Dire set for 9/12/2016 at 09:30AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/3/2016) (tn)

May 3, 2016

Filing 204 ORDER NO. 99 [Regarding the April 20, 2016 Status Conference]: Status Conference set for 6/17/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 7/28/2016 at 09:30 AM before Judge Jesse M. Furman. Status Conference/Cockram Final Pretrial Conference set for 9/7/2016 at 09:00 AM before Judge Jesse M. Furman. Oral Argument on New GM's motion to dismiss the TACC will be heard on 6/17/2016 at 09:30 AM before Judge Jesse M. Furman. Consistent with the Court's comments at the Status Conference, Bellwether Trial No. 5 (Cockram) shall take place between September 12 and 30, 2016, and Bellwether Trial No. 6 (Norville) between November 14 and December 2, 2016, as originally set forth in Order No. 75 (Docket No. 1305). By separate order, the Court will set pretrial deadlines for both trials. No later than Wednesday, May 11, 2016, the parties shall submit a joint proposal and agreed upon proposed order regarding whether and to what extent additional bellwether cases should be selected for discovery and trial. Consistent with the Court's comments, the parties will cooperate to prepare an inventory of pro se plaintiffs with claims pending in the MDL and will submit a joint update on the status of such plaintiffs no later than Friday, May 20, 2016, as well as their proposal(s) or position(s) regarding any action that should take place with respect to those parties. Consistent with the Court's comments, New GM will provide Lead Counsel with an opportunity to comment upon New GM's proposed order setting a deadline for all MDL 2543 personal injury and wrongful death plaintiffs who have not already done so to provide certain information and documents in specified formats, and will then subsequently submit the proposed order for the Court's consideration no later than Friday, May 27, 2016. Additionally, by no later than Friday, May 20, 2016, the parties should meet and confer and submit their joint request for appointment of the certified public accountant contemplated by the Common Benefit Order (Order No. 42, Docket No. 743), and as further set forth in this order. (Signed by Judge Jesse M. Furman on 5/3/2016) (tn)

April 20, 2016

Filing 203 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. As discussed at the status conference held today, the Court hereby refers all cases in the MDL to Magistrate Judge Cott for settlement purposes. Any party who believes that it would be helpful to enlist the services of Judge Cott in that respect with respect to a case or group of cases in the MDL should contact his chambers in accordance with his Individual Rules and Practices (available at http://www.nysd.uscourts.gov/judge/Cott). Referred to Magistrate Judge James L. Cott. (Signed by Judge Jesse M. Furman on 4/20/2016) (tn)

April 12, 2016

Filing 202 OPINION AND ORDER re: [2258 in 14-md-2543] MOTION for Protective Order . filed by Bob Hilliard and Thomas J. Henry. For the reasons explained herein, that motion is denied.Multi-district litigation of this sort is a complex affair. With so much at stake in terms of money, ego, and otherwise it is hardly surprising that conflicts would erupt among counsel, even counsel who are ostensibly on the same "side" and share a common adversary. Nevertheless, the Court finds it regrettable that Cooper levied his broadsides against Lead Counsel in the way he did, rather than taking steps in a more measured and productive (not to mention timely) manner to address or raise any problems that he perceived. In other words, assuming there is any merit to his allegations, he did himself and, by extension, the plaintiffs in the MDL a disservice by waiting to raise them until after the (admittedly embarrassing) collapse of the Plaintiff's case in the Scheuer trial and then raising them in the way he did. Through its bottom-line Order and this more detailed Opinion, the Court hopes that any clouds of uncertainty hovering over the status of Lead Counsel, the bellwether trial schedule, and the pending settlement have been lifted, thereby promoting the orderly management of the MDL and additional settlements. The Court also hopes that plaintiffs' counsel will stop litigating their grievances with one another and return to focusing on their common adversary, New GM, and on obtaining relief for their respective clients. That is, the Court hopes that counsel and their clients can return to focusing on what is truly at stake in this litigation: determining whether and to what extent the plaintiffs in these proceedings are entitled to relief for injuries caused by the acknowledged ignition switch defect in millions of General Motors cars. The Clerk of Court is directed to terminate Docket No. 2258. (As further set forth in this Order.) (Order to be docketed only in listed cases as per Chambers.) (Signed by Judge Jesse M. Furman on 4/12/2016) (kgo)

April 5, 2016

Filing 201 FINAL JUDGMENT: Final judgment is entered in favor of General Motors LLC on all of Plaintiffs' claims. The parties shall each bear their own costs. The Clerk of Court is directed to terminate Lawrence Barthelemy and Dionne Spain as parties in 14-CV-5810. (Signed by Judge Jesse M. Furman on 4/5/2016) (tn)

April 4, 2016

Filing 200 ORDER [Regarding the Trial Date for Bellwether Trial No. 4]: No party having objected to moving the start date for Bellwether Trial No. 4 (Reid) from July 25, 2016 to July 18, 2016, the Court hereby ORDERS that trial will begin on July 18, 2016. (See Docket Nos. 2862, 2732). In light of this shift, and in accordance with its prior endorsement, the Court is inclined to move up by one week the current deadlines for the joint pretrial order, submission of trial exhibits, and submission of deposition designation and demonstratives disputes; the Court is not averse, however, to keeping the current deadlines for pretrial motion practice. The parties shall confer with respect to the deadlines and, no later than April 8, 2016, shall submit a proposed order for the trial akin to MDL Order No. 98. (Signed by Judge Jesse M. Furman on 4/4/2016) (tn)

April 1, 2016

Filing 199 MEMORANDUM OPINION re: (367 in 1:14-cv-05810-JMF) MOTION for Judgment as a Matter of Law Under FRCP 50(a) filed by General Motors LLC: that the Court concluded that no reasonable jury could find for Spain on her fraudulent misrepresentation claim and New GM's motion for judgment as a matter of law on that claim was GRANTED. (Signed by Judge Jesse M. Furman on 4/1/2016) (tn)

March 17, 2016

Filing 198 ORDER: Per the Court's memo endorsement of yesterday (see 14-MD-2543, Docket No. 2551), the status conference in this matter previously scheduled for April 15, 2016 is RESCHEDULED to coincide with the Yingling final pretrial conference on April 20, 2016, at 9:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED., ( Status Conference set for 4/20/2016 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/17/2016) (ama)

March 14, 2016

Filing 197 ORDER NO. 98 [Regarding Pretrial Deadlines for Bellwether Trial No. 3 (Yingling), Jury Selection Matters, Scheduling of the Final Pretrial Conference, and Application of Certain Pretrial Orders in MDL Bellwether Trial Nos. 1 and 2 to MDL Bellwether Trial No. 3]: The following schedule and the chart at the end of this Order summarize all upcoming pretrial deadlines for Bellwether Trial No. 3, with modifications to the existing schedule underlined: Plaintiff's response to New GM's dispositive motion shall be filed no later than Friday, March 18, 2016. Any reply shall be filed no later than Monday, March 28, 2016. Plaintiff does not plan on calling any live OSI fact witnesses at trial. Plaintiff filed her opening brief on February 26, 2016 (Docket No. 2371). Any response from New GM will be due on Friday, March 18, 2016. The parties shall file all motions in limine, not to exceed 15 double-spaced pages per opening brief, by no later than Monday, March 14, 2016. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after the filing of the respective motions. Replies, not to exceed five double-spaced pages, are due seven (7) days after responsive briefs are filed for the respective motions. The parties filed Daubert motions on Friday, March 4, 2016. Responses, not to exceed 50 double-spaced pages per brief, are due fourteen (14) days after filing of the respective motions. Replies, not to exceed 20 double-spaced pages per brief, are due seven (7) days after responsive briefs are filed. Joint proposed pretrial order (consistent with the Court's Individual Rules and Practices for Civil Cases) by no later than Tuesday, March 29, 2016, including a list of all witnesses they intend to call at trial, whether live or by deposition. The parties shall therefore submit a proposed summary of the case, a list of names, and any proposed modifications to the questionnaires used in the first bellwether trial by no later than Wednesday, April 13, 2016. Final Pretrial Conference set for 4/20/2016 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The Court will then conduct oral voir dire of the remaining prospective jurors on Monday, May 2, 2016, beginning at 9:30 a.m. EDT, and as further set forth in this order. For ease of reference, the chart attached as Exhibit 2 to this Order summarizes all of the pretrial deadlines set forth above for Bellwether Trial No. 3. If any party should later move to amend any of these deadlines, that party shall submit as part of the letter motion requesting the extension a revised version of this chart with the proposed amendments. (Motions due by 3/14/2016. Responses due by 3/24/2016. Replies due by 3/31/2016. Proposed Pretrial Order due by 3/29/2016. Pretrial Order due by 3/29/2016. Responses to Brief due by 3/18/2016) (Jury Selection set for 4/20/2016 at 09:00AM before Judge Jesse M. Furman. Voir Dire set for 5/2/2016 at 09:30AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/14/2016) ***As per chambers, Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-cv-05336-JMF, and 1:14-mc-02543-JMF (tn)

March 2, 2016

Filing 196 ORDER NO. 97 [Regarding Procedures for Exhibits and Demonstratives in Bellwether Trial No. 2 and Future Bellwether Trials]: The following deadlines and procedures supplement but do not replace the trial exhibit deadlines in Order No. 94 Paragraph 2(e) (Docket No. 2183). a. Branded Exhibit Exchange. Order No. 94 Paragraph 2(e) requires the parties to "submit their trial exhibit lists no later than February 18, 2016." The parties shall exchange branded copies of the exhibits identified on their February 18, 2016 exhibit list by Thursday, February 25, 2016. b. Objections. The parties shall exchange objections to trial exhibits by Thursday, March 3, 2016 at 10:30 a.m. Eastern Time. The parties shall meet and confer to resolve objections between Thursday, March 3, 2016 and Sunday, March 6, 2016. The parties are encouraged to raise disputes with the Court early regarding objections that the parties cannot resolve through the meet and confer process. c. Exhibits Identified After February 18, 2016. Each party may add up to ten (10) exhibits to its exhibit list by Wednesday, March 2, 2016 without a showing of good cause or mutual agreement ("Free Exhibits"). The parties reserve their rights to make evidentiary objections to the Free Exhibits by Friday, March 4, 2016. With the exception of the Free Exhibits, the parties may only add additional exhibits after February 18, 2016 by mutual agreement or upon a showing of good cause. d. Withdrawal of Exhibits. In the event a party withdraws or removes an exhibit from its exhibit list, any other party may reserve the right to use that exhibit at trial by giving written notice to the other party of its intent to use the exhibit within seven (7) days of receipt of the notification of the withdrawal of said exhibit. The following deadlines apply to Bellwether Trial Nos. 3-6, in addition to those set forth in Order No. 91 (Docket No. 2001) and paragraph I(1)(d), supra, as further set forth above. Exhibits and demonstratives to be utilized for the direct examination of a witness shall be exchanged by 9:00 a.m. Eastern Time two days before the day the exhibits are to be used. Exhibits and demonstratives to be utilized for the cross examination of a witness shall be exchanged by 8:00 p.m. Eastern Time two days before the day the exhibits and demonstratives are to be used. Exhibits used for impeachment purposes need not be disclosed in advance. During the course of any examination in front of the jury, whenever an exhibit or demonstrative is being published to the jury, whether direct examination or cross examination, counsel conducting the examination is encouraged to refer to the trial exhibit number (and page number, where a voluminous exhibit is being used) explicitly so that the record is clear as to what documents were shown to the jury, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 3/2/2016) (tn)

March 2, 2016

Filing 195 MEMORANDUM OPINION AND ORDER: On February 8, 2016, New GM filed a brief requesting that three documents relating to its settlement with certain MDL Plaintiffs remain under seal: the Confidential Memorandum of Understanding ("MOU"), the Joint Retention Agreement for Special Masters Daniel Balhoff and John Perry, and the Joint Retention Agreement for the Qualified Settlement Fund ("QSF") Trustee. (See Docket No. 2252). The Court directed anyone opposing the permanent sealing of these documents to respond no later than February 19, 2016. (See Docket No. 2255). No one filed any opposition. In light of the fact that the request is unopposed, and because the Court finds that the sealing of the three documents is consistent with the presumption of access to judicial documents, New GM's application is GRANTED. (Signed by Judge Jesse M. Furman on 3/1/2016) (tn)

March 1, 2016

Filing 194 ORDER NO. 96 [Regarding the February 23, 2016 Status Conference]: the Court will conduct Status Conferences on Friday, April 15, 2016, at 9:30 a.m. EDT and on Thursday, June 2, 2016, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 V, Docket No. 249), now to be submitted on a monthly basis (see Docket No. 2366), or in separate letter updates, as circumstances require. Motion practice on the TACC shall continue according to the schedule set forth in Order No. 93 (Docket No. 2156). Additionally, the Court adopts the parties' proposal in the February 22, 2013 Memo Endorsement regarding certain amendments to the TACC to be filed within 30 days after the latter of (1) the Second Circuit's ruling on the pending appeal of the June Judgment or (2) this Court's ruling on New GM's February 24, 2016 motion to dismiss. (Docket No. 2323 paragraph 2.) Consistent with the Court's comments at the Status Conference, the parties should meet-and-confer and submit a revised proposed order governing the procedures for trial exhibits and demonstratives in the Barthelemy trial. The parties shall submit a revised proposed order no later than March 7, 2016. Consistent with the Court's comments at the Status Conference, the trial confidentiality procedure from Scheuer - whereby the parties may redact from exhibits offered into evidence information that is irrelevant to the issues presented in the trial - shall apply to Barthelemy and the remaining bellwether trials. (See Docket No. 88). Consistent with the Court's comments at the Status Conference, the bellwether trial schedule shall not be modified, unless and until this Court orders otherwise. (Status Conference set for 4/15/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 6/2/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/1/2016) (tn)

February 22, 2016

Filing 193 MEMO ENDORSEMENT on (2301 in 1:14-md-02543-JMF) Joint Letter re the parties' tentative agenda for the February 23, 2016 Status Conference: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the February 23rd status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (1) Whether the parties believe that New GM should continue to advise the Court of Related Actions every two weeks or whether less frequent, or as needed, updates would be appropriate at this point; and (2) Plaintiffs' letter with respect to whether to modify the bellwether trial procedure and remaining bellwether cases. Mindful that Lead Counsel requested a telephone conference on the issue rather than putting it on the agenda letter, however, counsel should be prepared to address as a threshold matter whether the issue should even be discussed at the conference. In addition, the Court plans to raise a few concerns/issues regarding Plaintiffs' Leadership appointees prompted by briefing on the motions filed by Lance Cooper. (To be clear, the Court does not intend at the conference to further address Mr. Cooper's motions themselves or to address the pending motion for a protective order with respect to Mr. Cooper. The Court will issue an opinion concerning those motions in due course.) The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/22/2016) (ab)

February 10, 2016

Filing 192 ORDER NO 95 -- Regarding Lance Cooper's Motions To Remove Co-Lead Counsel and for Reconsideration of the Order Approving the 2015 New GM Ignition Switch Qualified Settlement Fund: Upon review of the foregoing motion papers, and for detailed reasons to be provided in a forthcoming opinion, the Cooper Plaintiffs' motions are both DENIED in their entirety... Two arguably related applications remain open: New GM's motion to keep certain documents relating to its settlement with Lead Counsel under seal (Docket No. 2252) and the Protective Order Motion (Docket No. 2258; see supra note 1). Per the Court's Order of yesterday (Docket No. 2255), any opposition to New GM's sealing application shall be filed by February 19, 2016; if any opposition is filed, a ny reply shall be filed by February 26, 2016. Any opposition to the Protective Order Motion shall be filed by February 16, 2016; any reply shall be filed by February 18, 2016. The Clerk of Court is directed to terminate Docket Nos. 2179 and 2182. (Signed by Judge Jesse M. Furman on 2/10/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)

February 9, 2016

Filing 191 ORDER: that the status conference in this matter, previously scheduled for February 25, 2016, at 9:30 a.m., is RESCHEDULED for February 23, 2016, at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Status Conference set for 2/23/2016 at 09:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/9/2016) (tn)

February 8, 2016

Filing 190 ORDER: IT IS HEREBY ORDERED that the status conference in this matter, previously scheduled for February 26, 2016, at 9:30 a.m., is RESCHEDULED for February 25, 2016, at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall immediately advise the Court if there are any scheduling issues presented by the new date and time. (Signed by Judge Jesse M. Furman on 2/8/2016) (ab)

January 27, 2016

Filing 189 ORDER NO. 94 [Regarding Pretrial Deadlines for Bellwether Trial No. 2, Jury Selection Matters, Scheduling of the Final Pretrial Conference, and Application of Certain Pretrial Orders in Bellwether Trial No. 1 to Bellwether Trial No. 2]: Bellwether Trial No. 2 is scheduled to begin on March 14, 2016. The Court plans to hold the trial in its usual courtroom - Courtroom 1105 of the Thurgood Marshall United States Courthouse. (The Court would consider holding jury selection, openings, and summations in a larger courtroom, but would arrange an overflow room for spectators regardless. Additionally, the parties would still have use of their "war rooms" on the fifth floor of the Courthouse.) No later than February 1, 2016, the parties shall advise the Court by joint letter if they believe Courtroom 1105 would not be a suitable location for trial for any reason. The parties shall file any dispositive motions with regard to the Barthelemy/Spain Complaint no later than today. Responses to any dispositive motions shall be filed no later than February 10, 2016. Any replies shall be filed no later than February 17, 2016. To the extent the parties have a dispute regarding witnesses Plaintiffs plan to produce to testify to purportedly similar incidents, Plaintiffs shall filing an opening brief with regards to any such dispute by February 1, 2016. Any response from New GM will be due on February 19, 2016. All motions in limine, not to exceed 15 double-spaced pages per opening brief, shall be filed no later than February 2, 2016. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after the filing of the respective motions. Replies, not to exceed five double-spaced pages, are due seven (7) days after responsive briefed are filed for the respective motions. Daubert motions, not to exceed 50 double-spaced pages per opening brief, must be submitted no later than February 3, 2016. Responses, not to exceed 50 double-spaced pages per brief, are due fourteen (14) days after filing of the respective motions. Replies, not to exceed 20 double-spaced pages per brief, are due seven (7) days after responsive briefs are filed. The parties are encouraged to file briefs ahead of the respective deadlines and well short of the page limits. Joint Proposed Pretrial Order due by 2/18/2016. Final Pretrial Conference set for 3/9/2016 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Jury Selection set for 3/14/2016 at 09:30AM before Judge Jesse M. Furman; and as further set forth in this order. (Brief due by 2/1/2016. Motions due by 2/3/2016. Responses due by 2/10/2016. Replies due by 2/17/2016. Responses to Brief due by 2/19/2016) (Signed by Judge Jesse M. Furman on 1/27/2016) (tn)

January 20, 2016

Filing 188 ORDER NO. 93 [Regarding Motion Practice Concerning the Third Amended Consolidated Complaint] re: (2020 in 1:14-md-02543-JMF) Letter, filed by GM Ignition Switch MDL Plaintiffs, (2021 in 1:14-md-02543-JMF) Letter, filed by General Motors LLC: that, having received and reviewed the parties' letter briefs (Docket Nos. 2020, 2021), motion practice concerning the Third Amended Consolidated Complaint ("TACC") shall proceed as follows: Motion practice shall be limited to named Plaintiffs whose claims are based on vehicles manufactured by New GM, including both Delta Ignition Switch Vehicles and non-Delta Ignition Switch vehicles manufactured by New GM, as such terms are defined in the TACC. Motion practice shall include the named Plaintiffs in the following states whose claims are based on vehicles manufactured by New GM: California, the District of Columbia, Florida, Louisiana, Maryland, Missouri, Oklahoma, and Virginia. Motion practice shall include the following claims of such Plaintiffs: claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. 1961 et seq., the Magnuson-Moss Warranty Act, 15 U.S.C. 2301, et seq., for negligence, and state-law claims; but in each case only to the extent that such claims are brought by named Plaintiffs whose claims are based on vehicles manufactured by New GM. Motion practice contemplated under this paragraph will not preclude New GM from conducting additional motion practice related to allegations and claims in the TACC following any decision on appeal from a judgment of the Bankruptcy Court. New GM shall conduct motion practice under Paragraph 1 by filing a motion to dismiss by February 24, 2016. Plaintiffs will file their opposition by April 9, 2016. New GM will file its reply by April 30, 2016. New GM's memorandum to its motion to dismiss and Plaintiffs' opposition memorandum are limited to sixty (60) pages, and New GM's reply memorandum is limited to thirty (30) pages. New GM shall not be required to file an answer or any other response to the TACC unless and until further order of the Court. At this time, Plaintiffs may not conduct discovery into any additional alleged defects. Plaintiffs may renew their requests for such discovery after the Court rules on New GM's motion to dismiss. (Motions due by 2/24/2016. Responses due by 4/9/2016. Replies due by 4/30/2016.) (Signed by Judge Jesse M. Furman on 1/20/2016) (tn) Modified on 1/20/2016 (tn).

January 14, 2016

Filing 187 ORDER NO. 92 [Regarding the Pending Motion To Dismiss Without Prejudice] granting (1710) Motion to Dismiss in case 1:14-md-02543-JMF; granting (57) Motion to Dismiss in case 1:15-cv-04088-JMF; granting (39) Motion to Dismiss in case 1:15-cv-05222-JMF; granting (50) Motion to Dismiss in case 1:15-cv-06288-JMF: In light of Plaintiffs' continued failure to submit substantially complete PFSs as required by Order No. 25, the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should any Plaintiff submit all required documentation within the next thirty days, or otherwise contest this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 1710 and to docket this Order in the above-captioned member cases. (Signed by Judge Jesse M. Furman on 1/14/2016) (tn)

January 5, 2016

Filing 186 ORDER NO. 91 [Regarding Revised Pre-Trial Deadlines and Procedures for MDL Bellwether Trial Nos. 26]: the following revised pretrial deadlines and show cause motion procedures for MDL Bellwether Trial Nos. 2-6. This Order supersedes Order No. 89 (Docket No. 1864), which is hereby vacated; the dates that have been modified from or added to those in Order No. 89 are underlined. Trial Two (Barthelemy/Spain) shall take place between March 14, 2016 and April 1, 2016; Trial Three (Yingling) shall take place between May 2, 2016 and May 20, 2016; Trial Four (Reid) shall take place between July 25, 2016 and August 12, 2016; Trial Five (Cockram) shall take place between September 12, 2016 and September 30, 2016; and Trial Six (Norville) shall take place between November 14, 2016 and December 2, 2016. Any dispositive motion, opposition, and reply in support of such motion must be submitted as further set forth in this order. A joint proposed pre-trial order must be submitted as further set forth in this order. Upon the conclusion of Bellwether Trial No. 6 (whether through dispositive motion practice or trial), the parties should meet and confer regarding procedures for show cause submissions to determine the applicability of the bellwether trial rulings on other cases pending in the MDL. Effect of This Order on Other Rules and Orders. To the extent not explicitly modified herein, the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials and all other applicable orders of this Court remain in full force and effect.2 The Court may enter additional and/or modified orders regarding the pretrial schedule of MDL Bellwether Trial Nos. 26 as circumstances require, and as further set forth in this order. Motions due by 9/26/2016. Responses due by 8/19/2016. Replies due by 8/26/2016. Pretrial Order due by 10/14/2016. (Signed by Judge Jesse M. Furman on 1/5/2016) (tn) Modified on 1/6/2016 (tn).

January 5, 2016

Set/Reset Deadlines: Brief due by 8/5/2016. Responses to Brief due by 8/26/2016 (tn)

December 30, 2015

Filing 185 OPINION AND ORDER re: (1810 in 1:14-md-02543-JMF) MOTION for Summary Judgment filed by General Motors LLC, (1799 in 1:14-md-02543-JMF, 223 in 1:14-cv-08176-JMF) AMENDED MOTION in Limine No. 7 to Exclude All Evidence and Argument Relating to Punitive Damages filed by General Motors LLC: For the reasons stated above, New GM's motion for summary judgment is GRANTED (as uncontested) with respect to Plaintiff's breach-of-implied-warranty claim, but is otherwise DENIED. Moreover, because there is sufficient evidence to support several Independent Claims with respect to which Plaintiff seeks punitive damages, New GM's Amended Seventh Motion in Limine (which asks the Court to exclude all evidence and argument related to punitive damages) must also be DENIED. (See Docket No. 1800). The Clerk of Court is directed to terminate 14-MD-2543, Docket Nos. 1799 and 1810; and 14-CV-8176, Docket No. 223. (Signed by Judge Jesse M. Furman on 12/30/2015) (tn)

December 22, 2015

Filing 184 ORDER NO. 90 [Regarding the December 17, 2015 Status Conference]: the Court will conduct the next Status Conference on Friday, February 26, 2016, at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties should meet and confer regarding New GM's position that the plaintiffs' December 16, 2015 appeal from the Bankruptcy Court should be deferred pending the Second Circuit Appeal regarding the Bankruptcy Court's June 1, 2015 Judgment. The parties should notify the Court by Wednesday, December 23, at 12:00 p.m. EST of their respective positions in this regard. By Thursday, December 31, 2015, the parties should meet and confer regarding the deadlines for the subsequent bellwether trials set forth in Order No. 89 (Docket No. 1864) and propose any modifications consistent with the Court's goal to move the MDL forward at a "reasonable, but aggressive" pace. Unless and until the Court orders otherwise, the deadlines in Order No. 89 remain in full force. The parties should, by Wednesday, December 23, 2015, submit either a joint letter or separate letters advising the Court of their positions as to what the Court should do regarding the factual error in the December 7, 2015 Opinion and Order (Docket No. 1825). Within one week of the Court issuing a decision with respect to the motion to dismiss the TACC, the parties should submit a joint proposal or competing letter briefs regarding discovery of putative absent class members. Consistent with the Court's comments at the Status Conference, the Court will defer ruling on any issues with respect to discovery of putative class members named in the TACC until after receiving the parties' submission(s) regarding motion practice on the TACC on Wednesday, January 6, 2016. The Court grants Mr. Peller's nunc pro tunc request for an extension of the deadlines set forth in Order No. 69 (Docket No. 1162) for Mr. Peller's clients until after the Second Circuit appeal initiated by the Elliott plaintiffs has been resolved. Except as specifically modified herein, Order No. 69 remains in full force and effect. Consistent with the Court's comments at the Status Conference, the Court will defer addressing the common benefit billing dispute raised by Mr. Peller until a later date. (Status Conference set for 2/26/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/22/2015) (tn)

December 17, 2015

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steve Berman to RE-FILE Document No. #182 Amended Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)

December 16, 2015

Filing 183 MOTION to Seal Document #182 Amended Complaint, Plaintiff's Motion to File Under Seal. Document filed by GM Ignition Switch MDL Plaintiffs, Paul Pollastro.(Berman, Steve)

December 16, 2015

Filing 182 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - - THIRD AMENDED COMPLAINT amending #140 Amended Complaint, against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs, Paul Pollastro. Related document: #140 Amended Complaint, filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 (part 2))(Berman, Steve) Modified on 12/17/2015 (moh).

December 15, 2015

Filing 181 MEMO ENDORSEMENT on re: (1857 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the December 17th status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (1) whether there are any disputes with respect to rebuttal experts and, if so, a process for resolving them; (2) the Court's modifications to the parties' proposed deadlines set forth in Order No. 89 (Docket No. 1864); (3) the parties' dispute with respect to discovery of absent putative class members (Docket Nos. 1734-35); and (4) the issues raised by Mr. Peller in his letter of December 3, 2015 (Docket No. 1789). Additionally, the parties should contact Chambers in the event they still plan to do a tech walk-thru on the day of the status conference and need any assistance. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/2015) (tn)

December 14, 2015

Filing 180 Vacated as per Judge's Order dated 1/5/2016, Doc. # 2001 ORDER NO. 89 [Regarding Pre-Trial Deadlines and Procedures for MDL Bellwether Trial Nos. 26]: the Early Trial Cases (see Order No. 25 (14-MD-2543 Docket No. 422)) will be tried on the following schedule: a. Trial Two (Barthelemy/Spain) shall take place between March 14, 2016 and April 1, 2016; b. Trial Three (Yingling) shall take place between May 2, 2016 and May 20, 2016; c. Trial Four (Reid) shall take place between July 25, 2016 and August 12, 2016; d. Trial Five (Cockram) shall take place between September 12, 2016 and September 30, 2016; and e. Trial Six (Norville) shall take place between November 14, 2016 and December 2, 2016. Any dispositive motion, opposition, and reply in support of such motion must be submitted no later than the dates as further set forth in this order. Unless the Court orders otherwise, memoranda shall comply with the page limits and other requirements set forth in this Court's Local Rules. Consolidated Daubert motions, not to exceed 50 double-spaced pages per opening brief, must be submitted no later than the dates as further set forth in this order. Responses are not to exceed 50 double-spaced pages per brief, are due fourteen (14) days after filing of the respective motions. Replies, not to exceed 20 double-spaced pages per brief, are due on the earlier date of either seven (7) days after responsive briefs are filed. The parties are encouraged to file briefs ahead of the respective deadlines. Motions in limine, not to exceed 15 double-spaced pages per opening brief, are to be submitted no later than the dates as further set forth in this order. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after the filing of the respective motions. Replies, not to exceed five double-spaced pages, are due seven (7) days after responsive briefs are filed for the respective motions. The parties are encouraged to file motions and briefs ahead of the respective deadlines. A joint proposed pre-trial order must be submitted no later than the dates as further set forth in this order. To the extent not explicitly modified herein, the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials and all other applicable orders of this Court remain in full force and effect. The Court may enter additional and/or modified orders regarding the pretrial schedule of MDL Bellwether Trial Nos. 26 as circumstances require. (Signed by Judge Jesse M. Furman on 12/14/2015) (tn) Modified on 1/5/2016 (tn).

December 14, 2015

Filing 179 ORDER NO. 88 [Regarding a Process for Addressing the Treatment of Confidential Evidence at Trial]: that pursuant to Order No. 85, Paragraph 1(d) (Docket No. 1694), the parties exchanged trial exhibit lists on November 23, 2015. By Friday, December 11, 2015, the parties exchanged branded copies of their proposed trial exhibits. By Friday, December 18, 2015, the parties shall identify trial exhibits, if any, that they believe necessitate confidential treatment at trial either because they contain (1) competitive business information, the disclosure of which would cause economic harm; or (2) sensitive medical records of Plaintiff that are irrelevant to the instant action. The parties should immediately meet and confer regarding any disagreement regarding these exhibits as well as the parties' proposed process for their appropriate treatment at trial. In both the identification of such exhibits as well as in the proposed process for their treatment at trial, the parties should be mindful of the public right of access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). By Wednesday, December 23, 2015, the parties shall submit either an agreed-upon proposed order or letter briefs (not to exceed five single-spaced pages) regarding the appropriate treatment at trial of the materials identified in Paragraph 2 above. With respect to trial exhibits containing sensitive personal information (i.e., social security numbers, names of minor children, financial account numbers, home addresses, personal phone numbers, personal email addresses, and sensitive employment information protected by Order No. 71 (Docket No. 1236)) ("Sensitive Personal Information"), it is the responsibility of the party offering such exhibits into evidence to ensure that such sensitive personal information is properly redacted. Any such redactions must be narrowly tailored to serve the purpose or purposes that justify their use. When in doubt, the party planning to offer an exhibit containing Sensitive Personal Information should meet and confer with the other party regarding appropriate redactions. If there is any disagreement with respect to the redactions of Sensitive Personal Information, such disagreements should be raised outside the presence of the jury. (Signed by Judge Jesse M. Furman on 12/14/2015) (tn)

December 14, 2015

Set/Reset Deadlines: Brief due by 8/5/2016. Motions due by 9/16/2016. Proposed Pretrial Order due by 10/14/2016. Responses due by 8/19/2016 Replies due by 8/26/2016. Responses to Brief due by 8/26/2016 (tn)

December 11, 2015

Filing 178 ORDER APPOINTING DANIEL J. BALHOFF AND JOHN W. PERRY, JR. AS JOINT SPECIAL MASTERS IN THE SETTLEMENT OF CERTAIN CASES granting (1499) Motion to Approve in case 1:14-md-02543-JMF: Daniel J. Balhoff and John W. Perry, Jr. are hereby appointed as joint Special Masters to perform the duties consented to by the Parties in their Memorandum of Understanding. The Special Masters shall proceed with all reasonable diligence. The Special Masters may have confidential ex parte communications with Claimants' Counsel, Claimants, and New GM in relation to their roles as Special Masters, to the extent permitted by and subject to the limitations described in the Parties' Memorandum of Understanding. Such ex parte communications shall not be deemed to have waived any attorney-client or other privileges. To execute the responsibilities and duties of their office, the Special Masters shall be vested with the powers described and contemplated under the Parties' Memorandum of Understanding. The Special Masters shall not be vested by this Court with any additional powers described and contemplated in Federal Rule of Civil Procedure 53 except as and to the extent enumerated in the Parties' Memorandum of Understanding. The Special Masters shall be compensated privately as specified in the Parties' Memorandum of Understanding, which shall be set forth in detail in the contract to be entered into between the Parties and the Special Masters. Unless expressly authorized by the Parties in accordance with the terms of the Memorandum of Understanding, the Special Masters shall not disclose any confidential information or documents obtained through or created in their roles. While the Court does not currently anticipate requesting formal reports and recommendations from the Special Masters, see Fed. R. Civ. P. 53(b)(2)(C)-(D), (e), if the Court does request the same, the Special Masters shall reduce any formal order, finding, report, or recommendation to writing to be filed (under seal or publicly, as determined by the Court). See, e.g., In re FEMA Trailer Formaldehyde Prods. Liab. Litig., No. MDL 07-1873, 2011 WL 5038849, at *4 (E.D. La. Oct. 24, 2011). While the Court does not anticipate having any ex parte communications with the Special Masters, see Fed. R. Civ. P. 53(b)(2)(B), any such communications shall be limited to matters general to the settlement process and its progress and shall not include specifics, including parties' positions with respect to particular cases. The Special Masters shall advise the parties before communicating with the Court on an ex parte basis. New GM shall promptly file the Memorandum of Understanding and the two contracts at issue with the Sealed Records Department and those documents shall be maintained under seal unless and until the Court orders otherwise. As discussed during the telephone conference held on October 20, 2015, any party who believes that the materials should be kept under seal (or redacted) shall show cause in writing why that is consistent with the presumption in favor of public access to judicial documents. In light of the holidays and the many deadlines relating to the first bellwether trial, the Court extends the deadline for that submission to 45 days from today. The Clerk of Court is directed to terminate Docket No. 1499. (Signed by Judge Jesse M. Furman on 12/11/2015) (tn)

December 8, 2015

Filing 177 ORDER: that the next status conference in this matter, previously scheduled for December 18, 2015, at 9:30 a.m., is RESCHEDULED for December 17, 2015, at 1:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The conference will also be transmitted through CourtCall at that time. (See Order No. 19, Docket No. 350). (Status Conference set for 12/17/2015 at 01:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/8/2015) (tn)

December 4, 2015

Filing 176 ORDER: Further to the endorsed letter filed earlier today (see Docket No. 1794), the Court attaches below the unredacted version of its November 25, 2015 Opinion (see Docket No. 1747). (Signed by Judge Jesse M. Furman on 12/4/2015) (ab)

December 3, 2015

Filing 175 ORDER NO. 87 [Regarding Privilege Issues During the First Bellwether Trial]: Upon review of the parties' submissions in connection with New GM's Motion in Limine No. 9 (see Docket Nos. 1617, 1704, and 1752), and for the reasons explained in today's Opinion and Order addressing that motion, it is hereby ORDERED that privilege issues during the first bellwether trial, including the substance and the content thereof, shall be subject to and governed by the following: 1. No deposition designations may include instructions not to answer questions on the basis of (or any other invocations of or questions about) privilege. 2. Instructions not to answer on privilege grounds from deposition excerpts may not be played, read, or otherwise referred to at trial. 3. Any "privilege," "work product," or other markings indicative of privilege assertions must be redacted from any documents prior to publication to the jury. 4. Parties shall not examine witnesses about or ask questions on subjects specifically foreclosed by prior Orders of this Court on privilege issues. 5. The parties are required to use good faith efforts to avoid asking questions likely to draw instructions not to answer on the basis of privilege unless they have a good faith belief that the door has been opened to such questioning (pursuant to Rule 502(a) of the Federal Rules of Evidence or otherwise), in which case they shall first advise the Court and the opposing party outside the presence of the jury. 6. Parties may raise privilege assertions or questions outside of the presence of the jury. (Signed by Judge Jesse M. Furman on 12/3/2015) (mro)

December 1, 2015

Filing 174 ORDER NO. 86 [Regarding the November 20, 2015 Status Conference and Revised Pretrial Deadlines] denying without prejudice (1416) Motion to Amend/Correct; denying without prejudice (1417) Motion to Amend/Correct; denying without prejudice (1418) Motion to Amend/Correct; denying without prejudice (1419) Motion to Amend/Correct; denying without prejudice (1420) Motion to Amend/Correct; denying without prejudice (1422) Motion to Amend/Correct; denying without prejudice (1424) Motion to Amend/Correct; denying without prejudice (1426) Motion to Amend/Correct; denying without prejudice (1427) Motion to Amend/Correct; denying without prejudice (1432) Motion for Leave to File Document; denying without prejudice (1434) Motion for Leave to File Document; denying without prejudice (1435) Motion for Leave to File Document; denying without prejudice (1436) Motion for Leave to File Document; denying without prejudice (1437) Motion for Leave to File Document; denying without prejudice (1438) Motion for Leave to File Document; denying without prejudice (1439) Motion for Leave to File Document; denying without prejudice (1485) Motion for Leave to File Document; denying without prejudice (1527) Motion to Amend/Correct; denying without prejudice (1528) Motion to Amend/Correct; denying without prejudice (1529) Motion to Amend/Correct in case 1:14-md-02543-JMF; denying without prejudice (134) Motion for Leave to File Document in case 1:14-cv-05881-JMF; denying without prejudice (114) Motion to Amend/Correct in case 1:14-cv-08892-JMF; denying without prejudice (104) Motion for Leave to File Document in case 1:14-cv-09469-JMF; denying without prejudice (78) Motion for Leave to File Document in case 1:14-cv-10006-JMF; denying without prejudice (81) Motion to Amend/Correct in case 1:15-cv-00550-JMF; denying without prejudice (76) Motion to Amend/Correct in case 1:15-cv-02033-JMF; denying without prejudice (71) Motion for Leave to File Document; denying without prejudice (72) Motion for Leave to File Document in case 1:15-cv-02089-JMF; denying without prejudice (53) Motion to Amend/Correct in case 1:15-cv-02493-JMF; denying without prejudice (53) Motion to Amend/Correct in case 1:15-cv-03592-JMF; denying without prejudice (43) Motion to Amend/Correct in case 1:15-cv-03641-JMF; denying without prejudice (45) Motion for Leave to File Document; denying without prejudice (46) Motion for Leave to File Document in case 1:15-cv-04088-JMF; denying without prejudice (35) Motion to Amend/Correct in case 1:15-cv-04182-JMF; denying without prejudice (37) Motion to Amend/Correct in case 1:15-cv-04768-JMF; denying without prejudice (14) Motion to Amend/Correct in case 1:15-cv-06233-JMF; denying without prejudice (16) Motion to Amend/Correct in case 1:15-cv-06452-JMF; denying without prejudice (14) Motion for Leave to File Document in case 1:15-cv-06530-JMF; denying without prejudice (16) Motion to Amend/Correct in case 1:15-cv-06591-JMF; denying without prejudice (15) Motion to Amend/Correct in case 1:15-cv-06990-JMF: the Court will conduct additional Status Conferences on the following dates: Friday, December 18, 2015, and Friday, February 26, 2016. Further, unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. Eastern Time and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. By 12/4/2015 New GM should file an amended Motion In Limine No. 7 in light of the Bankruptcy Court's November 9, 2015 Decision. Order No. 85 (Docket No. 1694) is amended as follows: Paragraph 1(f) is amended to read as follows: Daubert Motions: By 12/4/2015 each side shall be allowed to file one consolidated memorandum of law (not to exceed 50 double-spaced pages) in support of any Daubert motions. Responses (not to exceed 50 double-spaced pages), are due by 12/14. Replies (not to exceed 20 double-spaced pages) are due by 12/21. Paragraph 1(i) is amended to read as follows: Joint Pretrial Order: The parties shall submit their joint pretrial order (consistent with the Court's Individual Rules and Practices for Civil Cases, except as stated herein or in Order Nos. 78 and 85) no later than 12/18/2015, at 12:00 p.m. EST. No pretrial memoranda shall be submitted for the Scheuer trial except upon a showing of good cause. Except as amended herein, Order No. 85 remains in full force and effect. The parties should submit a proposed order by 12/11/2015, addressing the treatment of confidential evidence, if any, at the Scheuer trial. Consistent with the Court's comments at the Status Conference, the order of the bellwether trials is hereby amended (see Docket Nos. 1217, 1239), such that the Yingling case shall be conducted as Bellwether Trial No. 3, and the Cockram case shall be conducted as Bellwether Trial No. 5. By no later than 12/16/2015, MDL plaintiffs represented by Mr. Gary Peller shall file amended complaints that comply with the Bankruptcy Court's November 9, 2015 Decision. Motions for leave to amend complaints that the Court previously stayed pending resolution of certain issues by the Bankruptcy Court are hereby denied without prejudice, and are subject to renewal within 21 days after the Court lifts the stay pursuant to Order No. 1 (Docket No. 19) for each respective case. The Clerk of Court is therefore directed to terminate the following motions as further set forth in this order. By no later than 12/11/2015, the parties should submit a proposed order regarding standard pretrial deadlines for the subsequent MDL Bellwether Trials. The parties shall brief the admissibility of specific other similar incident ("OSI") evidence and related witnesses in the first bellwether trial - including the specific purpose(s) for which that evidence is offered and to which the witnesses will testify - according to the following schedule. Plaintiff shall submit his opening brief, not to exceed thirty-five double-spaced pages, on December 8, 2015. New GM shall submit its opposition brief, not to exceed thirty-five double-spaced pages, on December 17, 2015. Plaintiff shall submit his reply, not to exceed fifteen double-spaced pages, on December 21, 2015, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 12/1/2015) (tn) (Final Pretrial Conference set for 1/6/2016 at 09:00 AM before Judge Jesse M. Furman. Jury Selection set for 1/6/2016 at 09:00AM before Judge Jesse M. Furman. Status Conference set for 12/18/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 2/26/2016 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Brief due by 12/8/2015. Deposition due by 12/15/2015. Motions due by 12/4/2015. Proposed Pretrial Order due by 12/18/2015. Responses due by 12/14/2015. Replies due by 12/21/2015. Reply to Response to Brief due by 12/21/2015. Responses to Brief due by 12/17/2015) (Signed by Judge Jesse M. Furman on 12/1/2015) (tn)

November 25, 2015

Filing 173 OPINION AND ORDER re: (1135 in 1:14-md-02543-JMF) MOTION to Compel General Motors, LLC to Produce Documents From New GM and King & Spalding, LLC Based on the Crime Fraud Exception UNREDACTED filed by GM Ignition Switch MDL Plaintiffs, (1031 in 1:14-md-02543-JMF) MOTION to Compel General Motors, LLC to Compel General Motors to PRODUCE DOCUMENTS FROM NEW GM AND KING & SPALDING LLC BASED ON THE CRIME-FRAUD EXCEPTION filed by GM Ignition Switch MDL Plaintiffs: The issue presented by this motion is not whether there is probable cause to believe that New GM committed a crime or fraud by concealing the ignition switch defect from its regulators and the general public. The recent criminal charges filed against New GM indicate there is probable cause to so believe, and Plaintiffs in this MDL may ultimately be able to prove that New GM committed egregious acts for which it should be held to account (and that settling the Chansuthus, Sullivan, and Melton matters facilitated them). Instead, the issue presented by this motion is whether, under the well-established principles that govern application of the crime-fraud exception to the attorney-client privilege and attorney work product doctrine, Plaintiffs have shown that the communications and materials they seek were made with the intent to further a crime or fraud, thereby warranting their disclosure. For the reasons stated above, the Court concludes that, however troubling some of New GM's conduct may have been, Plaintiffs have failed to make that showing. Further, mindful of the fact that Plaintiffs were already provided access to a substantial cache of documents that would otherwise have been subject to the attorney-client privilege, the Court concludes that there is no basis even to review the materials at issue (or a subset of those materials) in camera. Put simply, if there were "a factual basis" to conclude that New GM and K&S were communicating or working in furtherance of a crime or fraud, one would expect to see some evidence in those communications - which K&S and New GM had no reason to believe would see the light of day when they were made - that they were made with such an intent. Zolin, 491 U.S. at 572. Because Plaintiffs point to no such evidence, the Court concludes that Plaintiffs' motion to compel must be DENIED. The parties submitted portions of their briefs in redacted form (some of which has since been unredacted) and certain exhibits under seal because New GM had designated the information as "highly confidential." (See, e.g., Docket Nos. 1156, 1255; see also Docket Nos. 1101, 1116). In this Opinion and Order, the Court has quoted from those materials; out of an abundance of caution, the Court has redacted those portions from the version filed publicly. As the Court has repeatedly noted, however, the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome the presumption in favor of public access to judicial documents. See, e.g., Dandong v. Pinnacle Performance Ltd., No. 10-CV-8086 (JMF), 2012 WL 6217646, at *2 (S.D.N.Y. Dec. 3, 2012) ("The consent of the parties is not a valid basis to justify sealing, as the rights involved are the rights of the public." (internal quotation marks omitted)); Vasquez v. City of N. Y., No. 10-CV-6277 (LBS), 2012 WL 4377774, at *3 (S.D.N.Y. Sept. 24, 2012) (similar). Accordingly, and in accordance with the procedures set out in Section X of MDL Order No. 77 (Docket No. 1349), any party who believes the materials should remain under seal or in redacted form (including, but not limited to, the portions of this Opinion and Order than have been redacted) shall file a letter brief within seven days regarding the propriety of doing so. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (discussing the presumption in favor of public access). The Clerk of Court is directed to terminate Docket Nos. 1031 and 1135. (Signed by Judge Jesse M. Furman on 11/25/2015) (tn)

November 24, 2015

Filing 172 ORDER [Regarding the Location of the First Bellwether Trial]: The first bellwether trial in this multidistrict litigation ("MDL"), brought by Plaintiff Robert S. Scheuer, is scheduled to begin on January 11, 2016. (See Docket No. 1694). After conferring with the parties and the Court's District Executive, the Court has decided to conduct the trial in Courtroom 506 of the Thurgood Marshall United States Courthouse, 40 Foley Square, and not in Courtroom 26A of the Daniel Patrick Moynihan Courthouse, as previously advised. (See Order No. 80, Docket No. 1380). The Final Pretrial Conference will also be held in Courtroom 506 on Wednesday, January 6, 2016, at 9:00 a.m., ( Final Pretrial Conference set for 1/6/2016 at 09:00 AM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman., Jury Selection set for 1/6/2016 at 09:00 AM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman., Voir Dire set for 1/11/2016 at 09:30 AM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/24/2015) (lmb)

November 23, 2015

Filing 171 MEMORANDUM OPINION AND ORDER re: (148 in 1:14-cv-08176-JMF) FIRST MOTION in Limine TO EXCLUDE EVIDENCE AND/OR ARGUMENT REGARDING COLLATERAL SOURCE BENEFITS filed by Robert Scheuer, (1525 in 1:14-md-02543-JMF) FIRST MOTION in Limine TO EXCLUDE EVIDENCE AND/OR ARGUMENT REGARDING COLLATERAL SOURCE BENEFITS filed by Robert Scheuer, (1565 in 1:14-md-02543-JMF) MOTION in Limine TO EXCLUDE EVIDENCE AND/OR ARGUMENT REGARDING PLAINITFFS PRIOR UNRELATED INJURIES AND FAMILYS MEDICAL HISTORY filed by GM Ignition Switch MDL Plaintiffs, (1573 in 1:14-md-02543-JMF) THIRD MOTION in Limine to Exclude Evidence Concerning the Amounts Billed for Expenses Incurred, But Not Actually Paid, for Plaintiff's Medical Treatment filed by General Motors LLC: For the reasons stated above, Plaintiff's Motion No. 1 is GRANTED with respect to evidence of damages, but DENIED to the extent that New GM may later seek (with advance notice to Plaintiff and the Court) to introduce evidence of collateral benefits for impeachment or rebuttal; and Plaintiff's Motion No. 2 is GRANTED as unopposed with respect to family medical history, but DENIED with respect to evidence of prior injuries offered on issues of lost earning capacity, loss of enjoyment, or causation for any alleged shoulder injury. New GM's Motion No. 3 is unopposed and therefore GRANTED. The Clerk of Court is directed to terminate 14-MD-2543, Docket Nos. 1525, 1565, and 1573; and 14-CV-8176, Docket No. 148. (Signed by Judge Jesse M. Furman on 11/23/2015) (tn)

November 18, 2015

***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Matthew McCarley to E-MAIL Document No. #168 Notice of voluntary dismissal with handwritten signatures to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jk)

November 17, 2015

Filing 170 ORDER NO. 85 [Regarding Pretrial Deadlines for the First Bellwether Trial and Pleading Deadlines for the Other Early Trial Cases]: Third Amended Scheuer Complaint: Plaintiff shall file an amended complaint that complies with the Bankruptcy Courts November 9, 2015 Decision no later than November 17, 2015. New GM shall file a response no later than December 14, 2015. Plaintiffs submitted their expert rebuttal reports on November 13, 2015. To the extent that New GM wishes to re-depose any of those experts, such depositions shall be completed no later than November 24, 2015. Any witness on the Initial Witness List who has not been deposed in the MDL shall be made available for deposition no later than December 15, 2015. In accordance with Order No. 78, all motions in limine shall be filed no later than December 4, 2015. In accordance with Order No. 78, Daubert motions, not to exceed 15 double-spaced pages per brief, must be submitted no later than December 4, 2015; and as further set forth in this order. The parties shall file any dispositive motions with regard to the Scheuer Complaint no later than December 4, 2015. Responses to any dispositive motions shall be filed no later than December 14, 2015. Any replies shall be filed no later than December 21, 2015. Joint proposed pretrial order and respective pretrial memoranda (consistent with the Court's Individual Rules and Practices for Civil Cases, except as stated herein or in Order No. 78) no later than December 18, 2015, at noon. Final Pretrial Conference set for 1/6/2016 at 09:00 AM before Judge Jesse M. Furman. Given that January 11, 2016 is a firm trial date, the Court is unlikely to grant any further extensions of the foregoing dates and deadlines absent extraordinary circumstances or confidence that the extension would have no effect on the trial date. For ease of reference, the following chart summarizes all of the foregoing pretrial deadlines for the first bellwether trial, as further set forth in this order. If any party should later move to amend any of these deadlines, that party shall submit as part of the letter motion requesting the extension a revised version of this chart with the proposed amendments. With respect to the other Early Trial Cases, the Court adopts the parties' proposed amended deadlines for the filing of amended complaints and responses, as further set forth in this order. Amended Pleadings due by 3/26/2016. Motions due by 12/4/2015. Responses due by 12/14/2015. Replies due by 12/21/2015. Deposition due by 12/15/2015. Proposed Pretrial Order due by 12/18/2015. Jury Selection set for 1/6/2016 at 09:00AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 11/17/2015) (tn) (Signed by Judge Jesse M. Furman on 11/17/2015) (tn)

November 17, 2015

Filing 169 MEMO ENDORSEMENT on re: (1663 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the November 20, 2015 status conference. In addition, counsel should confer with respect to the following issues and/or questions and be prepared to address them at the conference: (1) Whether (and, if so, for what date) the Court should schedule a February 2016 status conference; (2) Whether there is still a dispute with regard to the Michael Millikin trial subpoena and, to the extent there is, a proposed briefing schedule to ensure it is resolved in a timely fashion; (3) Whether and to what extent any of the already-filed motions in limine have been mooted by (or need to be revised in light of) the Bankruptcy Court's recent ruling and the amendment of the Scheuer complaint (to be filed today); (4) The status of the parties' proposals regarding the settlement Special Masters, Qualified Settlement Fund, QSF administrator, and other related issues, as discussed on the October 20, 2015 conference call; (5) The status of the submission of attorney billing records, pursuant to Order Nos. 13 and 42 (see MDL Docket Nos. 304, 743), and whether (a) the Court should establish a process to review attorney billing records on an interim basis; and (b) whether the Court should appoint a CPA, Special Master, or other administrator in connection with the review of such records or any attorney's fee applications; and (6) The matters concerning motions for leave to amend complaints set forth in the Court's memorandum endorsement of earlier today (MDL Docket No. 1686). In addition, immediately after the status conference, the Court will hold an off-the-record conference in Chambers (or a room to be determined) with Lead Counsel and counsel for New GM to discuss issues relating to settlement (and courtroom logistics for the first bellwether trial). The Court finds that the interest in promoting settlement and maintaining the confidentiality of settlement discussions, particularly in proceedings of this size and complexity, outweigh any presumption in favor of access to such a conference. See, e.g., Gambale v. Deutsche Bank AG, 377 F.3d 133, 143-44 (2d Cir. 2004); Travelers Indem. Co. v. Excalibur Reinsurance Corp., 2013 WL 4012772, at *5 (D. Conn. Aug. 5, 2013) (citing cases). (Signed by Judge Jesse M. Furman on 11/17/2015) (tn)

November 17, 2015

Filing 168 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Delphi Automotive PLC, DPH - DAS LLC. Document filed by Roseann Hinds, Joseph Sylvester. (McCarley, Matthew) Modified on 11/18/2015 (jk).

November 3, 2015

Filing 167 ORDER NO. 84 [Regarding the Phase Three Plan for Discovery and Motion Practice]: Unless and until the Court orders otherwise, the scope of Phase Three Discovery shall be limited to: (a) Plaintiffs' alleged economic loss damages claimed in the Second Amended Consolidated Complaint (Docket No. 1139) ("SACC"); (b) continuing the meet and confer process and completion of the production of documents and information in response to Plaintiffs' existing document requests relating to New GM's Customer Assistance Center (CAC), Technical Assistance Center (TAC), and Global Warranty Claims Management databases, related to Phase One and Phase Two Recalls; and (c) discovery, including depositions, of the named Plaintiffs in the SACC who purchased or leased vehicles manufactured and sold by New GM. In addition, the parties shall meet and confer with respect to whether or to what extent Phase Three should include discovery about New GM's Certified Pre-Owned ("CPO") program and shall submit a joint letter or competing letters on that subject no later than November 16, 2015. Plaintiffs may depose in Phase Three GM witnesses with knowledge of the issues identified in Paragraph 2, supra, but only if those individuals were not previously deposed in the MDL, unless the Parties agree otherwise or the Court orders otherwise upon a showing of good cause. By agreement of the parties or by the Court's order for good cause shown, Plaintiffs may also take additional depositions of GM witnesses with knowledge of NHTSA Recall No. 14-V-047, Phase One Recalls, or Phase Two Recalls (see Order Nos. 12, 20, and 31; Docket Nos. 296, 383, and 526), as further set forth in this order. During Phase Three, New GM shall take discovery, including depositions, of named plaintiffs alleged in the SACC who purchased or leased cars manufactured and sold by New GM. The parties should meet and confer regarding depositions sought by Plaintiffs and depositions sought by New GM in an attempt to reach an agreement regarding a reasonable and coordinated deposition schedule, in order to ensure that each witness is deposed only once as required by Order No. 25, Paragraph 43. (See also Order No. 15 Paragraph 22, Docket No. 315). If the parties cannot reach agreement, any remaining disputes will be decided by the Court. The parties shall meet and confer to attempt to reach agreement on (1) what, if any, claims and allegations in the SACC meet the conditions set forth above (or as to which motion practice now would otherwise be appropriate); and (2) the procedures (timing, length of briefs, etc.) for motion practice as to such claims and allegations, and should submit an agreed upon order for the Court's consideration by Monday, November 16, 2015. If the parties are unable to reach an agreement, Lead Counsel and counsel for the Defendants shall each submit a letter brief (not to exceed five single-spaced pages) by that same date setting forth their respective positions and attaching their proposals, as well as a redline showing the differences between the competing proposals; counsel should also be prepared to address the issue at the status conference to be held on November 20, 2015. Phase Three Discovery shall begin immediately. The Court will later set a date for substantial completion of Phase Three Discovery after the scope of document discovery into the Phase Three Defects is determined. The parties are directed to meet and confer and propose, by December 1, 2015, a date for the completion of Phase Three Discovery consistent with the Court's desire to maintain "a reasonable, but aggressive" schedule. The parties are directed to submit a proposed Phase Four Discovery Plan no later than thirty (30) days prior to the close of Phase Three Discovery, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 11/3/2015) (tn)

October 16, 2015

Filing 166 ORDER NO. 83 [Regarding the October 9, 2015 Status Conference]: the Court will conduct additional Status Conferences on the following dates: Friday, November 20, 2015, and Friday, December 18, 2015. Further, unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. Eastern Time and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties are to continue their coordination efforts in Related Actions pursuant to Order No. 15 (14-MD-2543, Docket No. 315) and keep the Court apprised of emerging coordination issues through their biweekly joint letter updates (see Order No. 8 V, 14-MD-2543, Docket No. 249) or in separate letter updates, as circumstances require. Upon review of the parties' letter briefs, the Court will permit plaintiffs' requested depositions of Amber Hendricks and Lisa Stacey. No further deviations from the existing schedule and deposition protocols will be permitted absent exceptional circumstances. The Court sustains Delphi's objection to inquiry during a Rule 30(b)(6) deposition into its communications with counsel representing Plaintiffs; however, the Court overrules Delphi's objection to inquiry into the destruction of certain boxes of documents and whether they included materials relating to the ignition switch. Consistent with the Court's comments at the Status Conference, New GM and Delphi are directed to meet and confer regarding revisions to the Rule 30(b)(6) deposition notice to Delphi. New GM and Lead Counsel should meet and confer with counsel for former New GM General Counsel, Michael Millikin, and propose a briefing schedule concerning the purported trial subpoena for Mr. Millikin's appearance at MDL Bellwether Trial #1. The parties should meet and confer regarding the necessity and permissibility of plaintiffs' submission of rebuttal expert reports after New GM produces its expert reports. The parties are to raise any issues still in dispute with the Court either jointly or in separate letter briefs, not to exceed five single-spaced pages, no later than Friday, October 23, 2015. The parties should submit specific questionnaires for the Court's consideration and evaluation no later than Friday, November 20, 2015. (See Order No. 78, 14-MD-2543, Docket No. 1350.) The parties should identify, preferably jointly, questions that are objective, simple, straightforward, and would require disqualification of a juror for cause without any need for further inquiry. In a separate category, the parties should identify additional questions that they believe should be asked in the context of the questionnaire. The Court defers motion practice on the Second Amended Consolidated Complaint until at least after the Bankruptcy Court rules on the issues pending before it. The parties should submit an agreed upon proposed order regarding the Phase Three Discovery Plan by October 16, 2015. The parties should be prepared to discuss procedures for resolving issues related to public access in connection with the bellwether trials during the November 20, 2015 Status Conference, and as further set forth in this order. Status Conference set for 11/20/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 12/18/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/16/2015) Filed In Associated Cases: 1:14-md-02543-JMF et al.(tn)

October 16, 2015

Filing 165 ORDER NO. 82 in case 2:14-cv-02458-JMF; granting (1504) Letter Motion for Extension of Time in case 1:14-md-02543-JMF: New GM's letter motion seeking an extension of time to submit corrections to the deposition transcript of Peter Judis (14-MD-2543, Docket No. 1504) is hereby GRANTED. Additionally, going forward, the deadline to submit corrections to a deposition transcript under Order No. 36 66 (Docket No. 604) may be extended for up to thirty (30) days on written agreement between Lead Counsel and counsel for New GM, without the need for approval by the Court. Except as herein modified, Paragraph 66 of Order No. 36 remains in effect. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 1504. (Signed by Judge Jesse M. Furman on 10/16/2015) (tn)

October 7, 2015

Filing 164 ENDORSED LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser, Bob Hilliard dated 10/2/2015 re: Joint Letter Setting Forth the Parties' Tentative Agenda for the October 9, 2015 Status Conference. ENDORSEMENT: The parties shall file simultaneous letter briefs on their bellwether expert discovery dispute (item #5 above) by October 8, 2015, at noon. Counsel should be prepared to address, and/or update the Court with respect to, all of the issues discussed above at the October 9, 2015 status conference. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 10/7/2015) (spo)

September 24, 2015

Filing 163 ORDER NO. 81 [Regarding Amendment of Certain Personal Injury/Wrongful Death Complaints]: Any Plaintiff moving for leave to file an amended complaint shall file the motion on both the MDL docket and the docket of the individual member case and, for ease of review, shall attach as an exhibit to that motion a redline indicating all changes between the current complaint and the proposed amended complaint. Any filings relating to the motion, including but not limited to the letters required by this Order, shall also be filed on both the MDL docket and the docket of the individual member case. Within one week of any such motion (or one week from the date of this Order with respect to motions already filed), New GM shall file a letter stating whether: (a) it consents to the motion without reservation; (b) it consents to the motion, with a reservation of rights to litigate any issues (to be identified with particularity) before the Bankruptcy Court; (c) it believes that the motion should be stayed pending adjudication of issues (to be identified with particularity) before the Bankruptcy Court; or (d) it opposes the motion. Plaintiffs in member cases Hoskins, 15-CV-0409; Dowling, 15-CV-2033; Smith, 15-CV-2493; Leloneck, 15-CV-3641; Fobbs, 15-CV-4182; Rowe, 15-CV-4768; Modeste, 15-CV-5995; Keeler, 15-CV-6233; Brown, 15-CV-6452; and Gregory, 15-CV-6591 shall file or refile, as appropriate, their motions to amend on the MDL docket, 14-MD-2543, in accordance with the procedures set forth above (among other things, including a redline indicating all changes between the current complaint and the proposed amended complaint), by September 30, 2015. And as further set forth in this order. (Motions due by 9/30/2015.) (Signed by Judge Jesse M. Furman on 9/24/2015) (tn)

September 22, 2015

Filing 162 ORDER NO. 80: In advance of the October 9, 2015 status conference, the Court shares some of its preliminary views regarding the process for jury selection: The Court would conduct oral voir dire of the remaining prospective jurors beginning at 9:30 a.m. on Monday, January 11, 2016. The parties are directed to confer regarding these preliminary views and to be prepared to address them (and any other relevant topics) at the October 9, 2015 conference. (The parties need not, and should not, submit a proposed questionnaire at this time. Per Order No. 78 (14-MD-2543, Docket No. 1350), the parties have until November 20, 2015, to do so.) Finally, the Court will hold the Final Pretrial Conference for Bellwether Trial #1 on Wednesday, January 6, 2016, at 9:00 a.m. (taking a break, as needed, to address the prospective jurors, as discussed above) in Courtroom 26A of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. (Final Pretrial Conference set for 1/6/2016 at 09:00 AM in Courtroom 26A, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (Voir Dire set for 1/11/2016 at 09:30AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/22/2015) (spo)

September 11, 2015

Filing 161 ORDER NO. 79 [Regarding Pending Motions To Seal, To Dismiss, and To Reinstate Complaints] in case 2:14-cv-02458-JMF; granting (1230) Motion to Vacate; denying (1247) Motion to Dismiss; granting (1295) Motion to Seal; granting (1297) Motion to Seal; granting (1299) Motion to Seal in case 1:14-md-02543-JMF; granting (114) Motion to Withdraw as Attorney; granting (63) Motion to Vacate in case 1:15-cv-02033-JMF: New GM's motion to seal its letter brief regarding the deposition of Michael Robinson is GRANTED. (See 14-MD-2543 Docket Nos. 1295, 1296). Plaintiffs' motion to seal their letter brief regarding the deposition of Michael Robinson is GRANTED, with the exception of the language in footnote 1. The unopposed motions to vacate dismissal of the claims of Jamie Lee Dowling, James Boyd, and Debra O'Neill are GRANTED. The motion to dismiss the claims of Berenice Summerville, without prejudice, is DENIED on consent of New GM. Ms. Marino is hereby ORDERED to correct any deficiency with regard to her PFS by Friday, September 18, 2015. Failure to do so may result in the dismissal of her claims with prejudice. With regard to plaintiff John Cameron, counsel's unopposed motion to withdraw is GRANTED. Mr. Cameron has thirty days to file a complete PFS in accordance with Order No. 25. If he does not, his claims will be dismissed with prejudice. No later than September 14, 2015, New GM shall serve a copy of this Order on Mr. Cameron, who is now proceeding pro se, and file proof of such service on ECF. The motion to dismiss is DENIED with respect to Joseph and Stephanie Hamilton, and their claims are reinstated. The Court GRANTS the motion to dismiss with prejudice with regard to Gelisa Hayes and Darlene Robinett, for the reasons further set forth in this order. In light of the foregoing, the claims of Gelisa Hayes and Darlene Robinett are hereby DISMISSED with prejudice. See In re World Trade Ctr. Disaster Site Litig., 722 F.3d at 487 (holding "that the court did not exceed the bounds of its discretion in dismissing the noncompliant plaintiffs' complaints"); and as further set forth in this order. The Clerk of Court is directed to reinstate Jamie Lee Dowling, James Boyd, Debra O'Neill, Joseph Hamilton, and Stephanie Hamilton as plaintiffs in this action; to terminate Gelisa Hayes and Darlene Robinett as plaintiffs in this action; and to terminate 14-MD-2543 Docket Nos. 1230, 1247, 1295, 1297, 1299; 14-CV-8385 Docket No. 114; and 15-CV-2033 Docket No. 63. Attorney Daniel T. DeFeo and Agostinho J. Ribeiro terminated in case 1:14-cv-08385-JMF. (Signed by Judge Jesse M. Furman on 9/11/2015) (tn)

September 10, 2015

Filing 160 ORDER NO. 78 [Regarding Amendment of Order No. 25 Paragraph 50's Deadlines for MDL Bellwether Trial #1]: that the Deadlines for MDL Bellwether Trial #1, as set out in Order No. 25 Paragraph 50 and this Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials, are amended and superseded as follows: The first Early Trial Case ("MDL Bellwether Trial #1") will start on January 11, 2016. The parties shall submit any dispositive motions for MDL Bellwether Trial #1 by November 10, 2015. Any opposition to a dispositive motion shall be filed by December 1, 2015, and any reply shall be filed by December 7, 2015. Daubert motions, not to exceed 15 double-spaced pages per brief, must be submitted no later than December 4, 2015. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after filing of the respective motions. Replies, not to exceed five double-spaced pages per brief, are due on the earlier of seven (7) days after responsive briefs are filed or December 21, 2015. The parties are encouraged to file briefs ahead of the respective deadlines. All motions in limine, not to exceed 15 double-spaced pages per brief, must be submitted no later than December 4, 2015, as further set forth in this order. Responses, not to exceed 15 double-spaced pages per brief, are due ten (10) days after the filing deadlines for the respective motions. Replies, not to exceed five double-spaced pages, are due on the earlier date of either seven (7) days after responsive briefs are filed or December 21, 2015. The parties are encouraged to file motions and briefs ahead of the respective deadlines. Joint Proposed Pretrial Order due by 12/8/2015. To the extent not explicitly modified herein, Order No. 50 and the Court's Individual Rules and Practices in Civil Cases and Rules and Procedures for Trials remain in full force and effect. The Court may enter additional and/or modified orders regarding the pretrial schedule of MDL Bellwether Trial #1 as circumstances require. The Court will issue one or more additional Orders scheduling the pretrial deadlines and dates for the remaining Early Trial Cases. (Motions due by 12/4/2015. Responses due by 12/1/2015. Replies due by 12/21/2015.) (Signed by Judge Jesse M. Furman on 9/10/2015)(tn)

September 10, 2015

Filing 159 ORDER NO. 77 [Regarding the August 28, 2015 Status Conference]: the Court will conduct additional Status Conferences on the following dates: Friday, October 9, 2015; Friday, November 20, 2015; and Friday, December 18, 2015. Further, unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. Eastern Time and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. In light of the Second Circuit's September 9, 2015 Order accepting a direct appeal of the Bankruptcy Court's Judgment on New GMs Motions to Enforce, the parties are directed to make a motion for expedited appeal. The parties are also to keep the Court apprised regarding Bankruptcy proceedings that implicate the bellwether complaints. The deposition of New GMs counsel, Mr. Anton Valukas, may proceed on September 24, 2015, consistent with the Courts comments at the Status Conference. The deposition of Mr. Valukas shall be limited to no more than three hours, unless Plaintiffs make a detailed showing demonstrating a need for more time by Friday, September 11, 2015. Plaintiffs may make this showing on an ex parte basis if doing so would require revealing deposition or trial strategy, although the Court encourages the Plaintiffs to make any such filing public, if at all and to the extent possible. To the extent Plaintiffs make such a public or redacted filing, New GM has until Wednesday, September 16, 2015 to file any response. The Court modifies its August 28, 2015 Memo Endorsement (Docket No. 1301) regarding bellwether expert discovery deadlines as follows: Plaintiffs will present their experts for deposition no later than Friday, October 2, 2015; New GM will disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) no later than Friday, October 9, 2015; New GM will present its experts for deposition no later than Friday, November 20, 2015. The parties should submit any agreed upon proposed order regarding the Phase Three Discovery Plan by Friday, October 2, 2015. Unless the Court orders otherwise, within seven (7) days of the Court ruling on the substance of any dispute wherein any party has filed a motion to temporarily seal (and regardless of whether the Court has granted the motion to temporarily seal), any party who believes that the materials should remain under seal or in redacted form shall file a letter brief regarding the propriety of doing so in light of the presumption in favor of public access to judicial documents, and as further set forth in this order. (Status Conference set for 10/9/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 11/20/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 12/18/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Deposition due by 11/20/2015.) (Signed by Judge Jesse M. Furman on 9/10/2015) (tn)

August 28, 2015

Filing 158 ORDER NO. 76: On August 7, 2015 New GM filed a motion to dismiss, without prejudice, the claims of several personal injury and wrongful death plaintiffs ("Plaintiffs") who had failed to submit substantially complete plaintiff fact sheets ("PFSs") as required by Order No. 25. (14-MD-2543 Docket No. 1234). Pursuant to that Order, Plaintiffs had fourteen days until August 21, 2015 to file responses either certifying submission of a completed PFS or opposing New GM's motion for other reasons. (14-MD-2543 Docket No. 422). New GM filed a reply on August 28, 2015, naming Plaintiffs who failed to submit any response within the required time period. (14-MD-2543 Docket No. 1302). (A list of those Plaintiffs is attached to this Order as Exhibit A.) In light of Plaintiffs' continued failure to submit substantially complete PFSs as required by Order No. 25, the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should any Plaintiff submit all required documentation within the next thirty days, or otherwise have a basis to contest this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 1234. (Signed by Judge Jesse M. Furman on 8/28/2015) (kl)

August 28, 2015

Filing 157 ORDER NO. 75: Unless and until the Court orders otherwise, the Early Trial Cases (see Order No. 25 (14-MD-2543 Docket No. 422)) will be tried on the following schedule: Trial One shall take place between January 11, 2016 and February 5, 2016; Trial Two shall take place between March 14, 2016 and April 1, 2016; Trial Three shall take place between May 2, 2016 and May 20, 2016; Trial Four shall take place between July 25, 2016 and August 12, 2016; Trial Five shall take place between September 12, 2016 and September 30, 2016; and Trial Six shall take place between November 14, 2016 and December 2, 2016. Counsel shall promptly advise the Court of any conflicts or reason to change those dates. Furthermore, counsel shall meet and confer with respect to a proposed order setting standard pretrial deadlines for all of these trials (for the submission of a joint pretrial order, dispositive motions, Daubert motions, in limine motions, requests to charge, proposed voir dire, and the like). Counsel should consult the Court's Individual Rules and Practices for Civil Cases for guidance on the relevant submissions. (Signed by Judge Jesse M. Furman on 8/28/2015) (tn)

August 28, 2015

Filing 156 ENDORSED LETTER addressed to Judge Jesse M. Furman from Richard C. Godfrey, Andrew B. Bloomer dated 8/26/2015 re: Request for the amendments to the Bellweather expert discovery schedule as further specified herein. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to docket this in both 14-MD-2543 and 14-MC-2543. (Deposition due by 11/20/2015.) (Signed by Judge Jesse M. Furman on 8/28/2015) (rjm).

August 27, 2015

Filing 155 OPINION AND ORDER: For the foregoing reasons, Plaintiff's motions to withdraw the reference are DENIED. The Clerk of Court is directed to close these cases (15-CV-4685 and 15-CV-5056). Further, insofar as this Opinion and Order relates to the MDL and some filings in connection with the instant motions were docketed in the MDL, the Clerk of Court is directed to file this Opinion and Order not only in the above-captioned cases, but also in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 8/27/2015) (tn)

August 25, 2015

Filing 154 MEMO ENDORSEMENT on (1266 in 1:14-md-02543-JMF) JOINT LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated August 21, 2015 re: Tentative Agenda for the August 28, 2015 Status Conference. Document filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the August 28, 2015 status conference. In addition, counsel should confer or submit letter briefs, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference: (1) The deposition schedule for expert witnesses, referenced in (5) above, for which the parties should submit letter briefs, if any, by 5:00 p.m. on Wednesday, August 26, 2015; (2) The dispute regarding the August 18, 2015 deposition of Michael Robinson, for which the parties should submit letter briefs to the Court by 5:00 p.m. on Thursday, August 27, 2015; (3) Whether any party intends to oppose the motions to vacate dismissal under Order No. 68; and (4) The parties' disputes concerning the scope and timing of the Valukas deposition (see 14- MD-2543, Docket Nos. 1275-1276). The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/25/2015) (ab) (Signed by Judge Jesse M. Furman on 8/25/2015) (ab)

August 25, 2015

Filing 153 ORDER NO. 74 [Regarding Discovery of Expert Witness-Related Materials]: For purposes of this Order, "Consideration Materials" refers to any facts, data, information, or other materials that are considered or relied upon by an expert in forming opinions and required to be identified in the expert's report in accordance with Fed. R. Civ. P. 26(a)(2)(B), as further set forth in this order. The parties shall produce any non-public and previously unproduced Consideration Materials ("Unproduced Consideration Materials"). The parties shall also produce the following additional materials from the expert witness's files ("Expert Witness File Materials"), as further set forth in this order. Unless otherwise agreed by the parties, the parties shall produce Unproduced Consideration Materials and Expert Witness File Materials no later than fifteen (15) days before the date of the expert's deposition. The parties are not required to produce or exchange privilege logs for any materials withheld pursuant to this Order, including, but not limited to, drafts of expert reports, expert notes, or expert communications. The parties agree that a deposition notice shall be sufficient to require any witness designated as a testifying expert to appear for a deposition. Absent good cause shown, no subpoena shall be served on a testifying expert, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/25/2015) (tn)

August 11, 2015

Filing 152 MEMORANDUM OPINION AND ORDER: For the reasons stated above, New GM's request for an order limiting the scope of any deposition of Valukas is GRANTED, but the Court defers decision on whether to limit the length of the deposition. The Clerk of Court is directed to terminate 1199. (As further set forth in this Order) (Signed by Judge Jesse M. Furman on 8/11/2015) (kl)

August 7, 2015

Filing 151 MEMO ENDORSEMENT on re: (1229 in 1:14-md-02543-JMF) Letter, filed by GM Ignition Switch MDL Plaintiffs. ENDORSEMENT: The revised order is hereby adopted. The Clerk of Court is directed to file this endorsed letter in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 8/6/2015) (tn)

August 7, 2015

Filing 150 ORDER NO. 73 [Regarding Motions for Reconsideration of, and Objections to, Order Nos. 61 and 63] denying (1097) Motion for Reconsideration; denying (1143) Motion for Reconsideration; denying (1153) Motion for Reconsideration; denying (1154) Motion for Reconsideration; denying (1165) Motion for Reconsideration; denying (1171) Motion for Reconsideration in case 1:14-md-02543-JMF; denying (65) Motion for Reconsideration in case 1:15-cv-01316-JMF; denying (60) Motion for Reconsideration in case 1:15-cv-02033-JMF; denying (39) Motion for Reconsideration in case 1:15-cv-02708-JMF: that these Plaintiffs' motion for reconsideration and/or reinstatement are DENIED. The Court now turns to the objections filed by Mr. Peller. It is worth noting - as the Court did in overruling his objections to the SACC itself (14-MD-2543 Docket No. 1166) - that Mr. Peller's clients' rights are fully protected by Order No. 23 and this Court's Orders, regardless of whether his clients' Complaints remain dismissed without prejudice. (See Order No. 50 (14-MD-2543 Docket No. 875) paragraph 3). Nevertheless, given that Mr. Peller believes that his clients' claims are factually and legally distinct from those asserted in the SACC - and in light of the fact that Mr. Peller's clients' claims will remain stayed in any event - the Court finds that he has demonstrated "good cause" for reinstatement of his clients' claims within the meaning of Order No. 50. (See March 13, 2015 Hr'g Tr. (14-MD-2543 Docket No. 686) at 62 (noting that Mr. Peller's clients' claims did not "entirely overlap" with claims asserted in the previous Consolidated Complaint and positing that "the uniqueness, if you will... constitutes good cause within the meaning of" the prior version of Order No. 50). Accordingly, Mr. Peller's clients' claims are REINSTATED. The Clerk of Court is directed to terminate 14-MD-2543 Docket Nos. 1097, 1143, 1153, 1154, 1165, and 1171 and associated docket numbers in member cases and 15-CV-178 Docket No. 74. (Signed by Judge Jesse M. Furman on 8/7/2015) (tn)

August 7, 2015

Filing 149 ORDER NO. 72 [Amending Procedures for Motions to Dismiss and Motions to Vacate Dismissal Brought Pursuant to Order Nos. 25 and 45]: that both Orders are AMENDED to add the following provisions: If any Plaintiff files a response to a motion to dismiss his or her claims without prejudice pursuant to the terms of either Order (Order No. 25 paragraph 24; Order No. 45 paragrpah 3), New GM shall file a reply, no later than seven days following the deadline for objections to New GM's motion, indicating which Plaintiffs' claims (if any) it still moves to dismiss. If any Plaintiff files a motion to vacate the dismissal of his or her claims (Order No. 25 paragraph 25; Order No. 45 paragraph 4), New GM shall file a consolidated opposition to any motions arising out of the same dismissal without prejudice two weeks after those plaintiffs' deadline for submitting such motions (thirty days after the Court granted the motion to dismiss). Each Plaintiff's reply, if any, shall be due one week thereafter. If the Court denies any Plaintiff's motion, New GM may move for dismissal with prejudice at any point thereafter. If New GM files a motion to dismiss with prejudice (Order No. 25 paragraph 25; Order No. 45 paragraph 4), any opposition shall be filed two weeks after the motion's filing. New GM's reply, if any, shall be filed one week thereafter. Counsel is advised to file all documents related to motions to dismiss pursuant to Order Nos. 25 and 45 in 14-MD-2543 and to "spread" the filings to any relevant individual member case or cases. Finally, in bringing any future motions to dismiss pursuant to Order Nos. 25 or 45, and in order to ensure that counsel in member cases are adequately advised of these amendments, New GM shall include a reference to this Order. (Signed by Judge Jesse M. Furman on 8/7/2015) (tn) Modified on 8/7/2015 (tn).

August 7, 2015

Filing 148 ORDER NO. 71 [Regarding the Disclosure of Non-Confidential Pretrial Discovery Materials and Amendment to Order No. 10 to Protect the Privacy Interests of Third Parties]: In order to protect "deposition testimony or information contained in personnel files - information that could be used to embarrass, harass, or violate the privacy interests of third parties to this litigation" (id. at 11), Order No. 10 is hereby amended to explicitly allow personnel files and/or personally sensitive employment-related information not already in the public domain to be treated as "Confidential" under Order No. 10, including but not limited to: ratings, salary, comments on performance, and employees' testimony regarding performance of other current or former employees ("Employment-Related Material"). In addition, in order to protect the "interests of non-parties - including current and former New GM employees already deposed in this litigation - in avoiding embarrassment, harassment, and invasions of privacy," which the Court ruled "are weighty enough to justify some restrictions on the dissemination of discovery" (id. at 10), prior to public disclosure of any deposition testimony or documents which have not been designated as Confidential or Highly Confidential by any party under Order No. 10 (14-MD-2543 Docket No. 294) (including reference to the substance of such testimony or documents), Plaintiffs must provide counsel for defendants and the deponent's individual counsel, if applicable, five (5) days' written notice and the opportunity to object to such disclosure on the grounds that the deposition testimony or documents contain Employment-Related Material or other personally sensitive, non-public information that could be used to embarrass, harass, or violate the privacy interests of non-parties and third parties to this litigation ("Personally Sensitive Material"). The process for Plaintiffs to challenge any such objection shall be the same as the process for challenging the designation of Confidential Material and Highly Confidential Material set forth in Paragraph 4 of Order No. 10. The Court may enter additional and/or modified protective orders regarding the disclosure of pretrial discovery materials as circumstances require. (Signed by Judge Jesse M. Furman on 8/7/2015)(tn)

July 24, 2015

Filing 147 OPINION & ORDER re: (1058 in 1:14-md-02543-JMF) MOTION for Protective Order Regarding Pretrial Discovery Materials filed by General Motors LLC: The Second Circuit has cautioned that Rule 26 is "not a blanket authorization for the court to prohibit disclosure of information whenever it deems it advisable to do so, but is rather a grant of power to impose conditions on discovery in order to prevent injury, harassment, or abuse of the court's processes." Bridge C.A.T. Scan Assocs. v. Technicare Corp., 710 F.2d 940, 944-45 (2d Cir. 1983) (emphasis omitted). Here, for the reasons stated above, the Court concludes that the order proposed by New GM would go well beyond protecting those interests and that more narrowly tailored orders - limited to protecting the interests of third parties and adopting Rule 3.6 of the New York State Rules of Professional Conduct - would more appropriately balance the interests at stake, including the interests of third parties in avoiding injury, harassment, and invasions of privacy; the interests of the press and the public in the subject matter of this MDL; and the interests of the parties in fair proceedings and trials. Accordingly, New GM's motion is granted in part and denied in part. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 1058, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 7/24/2015) (tn)

July 15, 2015

Filing 146 ORDER NO. 70 [Regarding Discovery Disputes With Respect to Plaintiffs' Second Set of Consolidated Requests for Production of Documents]: that the Court makes the following rulings with respect to the disputed requests: the Second Set of Requests shall encompass documents generated through the date of this Order; (subpoenas and document requests New GM received from U.S. Government entities; documents related to the negotiation and resolution of the Government's claims; and documents related to scheduling witness interviews with the Government or, alternatively, the names of witnesses interviewed by Government entities): Plaintiffs' request for production of these documents is DENIED. New GM is ordered to produce requested documents related to the Feinberg Protocol (to the extent that there is no other basis to avoid disclosure, such as privilege). The Court agrees that materials related to the May 14, 2014 NHTSA consent order are relevant and discoverable, and thus orders New GM to produce the requested documents. To the extent New GM believes that "certain documents... are protected from disclosure" (14-MD-2543 Docket No. 1119, at 5) - for example, as settlement negotiations - it may object to disclosure of those documents, but that is not a valid basis to withhold the documents on a categorical basis, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 7/15/2015) (tn)

July 15, 2015

Filing 145 MEMO ENDORSEMENT on re: (1099 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Upon review of this letter and the letter from Lead Counsel (14-MD-2543 Docket No. 1100), the Court concludes that it is premature to engage in motion practice with respect to the SACC at this time. As much as the Court wants to continue to move the MDL proceedings forward aggressively, it agrees with New GM that motion practice with respect to the SACC should be deferred --- at least until after the question of whether the SACC is consistent with the Bankruptcy Court's judgment of June 1, 2015, is resolved. (In the meantime, of course, discovery continues to proceed on the aggressive-but-reasonable schedule that the Court has set, and the bellwether trial process for personal injury and wrongful death cases is underway, with the first trial scheduled to begin in under six months.) The Court will revisit the issue after the question of whether the SACC is consistent with the Bankruptcy Court's judgment is resolved, at which point it will decide whether motion practice should also await resolution of the appeals from the Bankruptcy Court's judgment --- a decision that may turn on whether the Second Circuit agrees to hear the appeal directly (which would presumably expedite matters considerably, as any decision by this Court on an appeal from the Bankruptcy Court would presumably be appealed, in turn, to the Second Circuit anyway --- resulting in a delay of months, if not years) and, if so, on whether the parties agree to seek expedited treatment of the appeal from the Second Circuit. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 7/15/2015) (kgo)

July 13, 2015

Filing 144 MEMO ENDORSEMENT on re: (1155 in 1:14-md-02543-JMF) Letter, filed by GM Ignition Switch MDL Plaintiffs. ENDORSEMENT: The Court agrees that Mr. Peller's clients' rights are fully protected by Rule 23 of the Federal Rules of Civil Procedure and this Court's Orders - and does not even hear Mr. Peller to be arguing otherwise. (See Docket No. 1083, at 5 (explaining that the objections "are based on efficiency considerations, not rights")). Accordingly, the Court sees no reason to address the objections at this time, and they are overruled - without prejudice to renewal at an appropriate time. As this endorsement pertains to Elliott et al. v. General Motors LLC, 14-cv-08382-JMF, Sesay et al. v. General Motors LLC, 14-cv-06018-JMF, and Bledsoe et al. v. General Motors LLC, 14-cv-07631-JMF, the Clerk is directed to docket it in those cases and in both 14-md-2543 and 14-mc-2543. (Signed by Judge Jesse M. Furman on 7/13/2015) (tn)

July 13, 2015

Filing 143 ORDER NO. 69 [Regarding MDL Discovery Coordination Obligation of All Plaintiffs' Counsel]: Discovery with respect to issues of fact or law common to this MDL is to be conducted solely as part of these MDL proceedings, irrespective of whether the allegations and/or claims relevant to those common issues of fact or law are included in the Consolidated Complaints. Plaintiffs' counsel in each and every complaint (hereafter, "individual Plaintiffs' counsel") are hereby put on notice that they are required to coordinate discovery with Lead Counsel such that all discovery relevant to any common allegation and/or claim is pursued in the MDL or otherwise waived and barred, unless such discovery is strictly unique to the individual action. See Order No. 51 (14-MD-2543 Docket No. 918) VII); 04/24/15 Status Conference Tr. 27 - 294. To the extent any individual Plaintiffs' counsel wishes to propound any discovery not already propounded by Lead Counsel, they shall provide such discovery to Lead Counsel by October 9, 2015. To ensure that Plaintiffs' counsel in every member case is on notice of the provisions in this Order, New GM is directed to a) serve (either electronically or by other means) a copy of this Order on counsel in any action transferred to or directly filed in the MDL after the date of this Order and b) promptly file proof of such service on the docket of each member case (not in 14-MD-2543 or 14-MC-2543), and as further set forth in this order. (Signed by Judge Jesse M. Furman on 7/10/2015) (tn)

July 9, 2015

Filing 142 ORDER NO. 68 in case 2:14-cv-02458-JMF; granting (1047) Motion to Dismiss in case 1:14-md-02543-JMF. In light of Plaintiffs' continue failure to submit substantially complete PFSs as required by Order No. 25, the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should any Plaintiff submit all required documentation within the next thirty days, or otherwise context this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 1047. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 7/9/2015) (tro)

July 9, 2015

Filing 141 ORDER in case 2:14-cv-02458-JMF; granting (1124) Letter Motion to Adjourn Conference in case 1:14-md-02543-JMF. Application GRANTED. The September 21st conference is CANCELLED, and the October 23rd conference is RESCHEDULED to October 9, 2015. Counsel shall update the MDL website accordingly. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543, 14-MC-2543, and all member cases; and to terminate 14-MD-2543, Docket No. 1124. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/9/2015) (tro)

July 9, 2015

Filing 140 SECOND AMENDED COMPLAINT amending #127 Amended Complaint, against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs. Related document: #127 Amended Complaint, filed by Madelaine Koppelman, Wayne Wittenberg, GM Ignition Switch MDL Plaintiffs, Shenyesa Henry, Nathaniel Fagans, David Young, Frances Ann Fagans.(Berman, Steve)

July 6, 2015

Filing 139 ORDER NO. 67: that any other such motions with respect to Order No. 61, filed on June 29, 2015, must be filed no later than July 13, 2015. Any party wishing to oppose a motion or motions filed pursuant to the preceding paragraph shall file one consolidated opposition no later than two weeks after the deadline for the motions' submission under Order No. 50 (in this instance, July 27, 2015). Any replies shall be filed one week thereafter, no later than August 3, 2015. The same deadlines for motion practice shall apply to any future motion to reinstate filed pursuant to Order No. 50, and as further set forth in this order. (Motions due by 7/13/2015. Responses due by 7/27/2015. Replies due by 8/3/2015.) (Signed by Judge Jesse M. Furman on 7/2/2015) (tn)

July 1, 2015

Filing 138 ORDER NO. 66: In light of the foregoing, the claims of Plaintiffs Nykea Fox and Courtney Williams are hereby DISMISSED with prejudice. See In re World Trade Ctr. Disaster Site Litig., 722 F.3d at 487 (holding "that the court did not exceed the bounds of its discretion in dismissing the noncompliant plaintiffs' complaints"). Additionally, because Fox and Williams may not be the only Plaintiffs who were named in the first Consolidated Complaints to be dropped from the SACC, Lead Counsel is directed to submit a letter, no later than July 8, 2015, (1) identifying any other Plaintiffs who appear only in the Pre-Sale or Post-Sale Consolidated Complaint, not in any individual action, and who were not named in the SACC; and (2) indicating whether they have any objection to the Clerk of Court terminating such Plaintiffs as parties in this action. The Clerk of Court is directed to terminate Nykea Fox and Courtney Williams as Plaintiffs in this action and to terminate 14-MD-2543 Docket No. 1023. Nykea Fox and Courtney Williams terminated. (Signed by Judge Jesse M. Furman on 7/1/2015) (tn)

July 1, 2015

Filing 137 ORDER NO. 65: In light of Plaintiffs' continued failure to submit substantially complete PFSs as required by Order No. 25 - a fact which none of the Plaintiffs New GM now moves to dismiss appear to dispute - the claims of Plaintiffs on Exhibit A are hereby DISMISSED without prejudice. Should Ms. Bacon (or any Plaintiff on this list, for that matter) submit all required documentation within the next thirty days, or otherwise contest this dismissal, he or she may move to vacate the dismissal pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 984. (Signed by Judge Jesse M. Furman on 6/30/2015) (tn)

June 30, 2015

Filing 136 ORDER NO. 64 [Regarding the Parties' Proposed Order Governing Obligations to Pursue Common Discovery in this MDL]: that the Court has amended the proposed order (a draft of which is attached as Exhibit A) to address all cases in this MDL. Because the Court's changes expand the number of cases that the order implicates (and because, among other things, the proposed order indicates that the parties "consent[] to its entry," Ex. A at 2), the Court believes that counsel should have an opportunity to review and comment on the new proposed order before its entry. Accordingly, if any party (including, but not limited to, Lead Counsel and New GM) objects to entry of the proposed order in its current form - or has any suggestions for revising it - it shall so advise the Court by letter no later than July 6, 2015. In the absence of any such objection (or suggestions), the Court will enter the order as proposed. (Signed by Judge Jesse M. Furman on 6/30/2015) (tn)

June 29, 2015

Filing 135 ORDER NO. 63 [Regarding the Identification of Factual Predicates and Legal Claims in Any Individual Economic Loss Complaints that Are Not Included in the Second Amended Consolidated Complaint Pursuant to Order No. 51]: that pursuant to Order Nos. 50 and 61, the claims of certain Plaintiffs included on the attached list - in particular, those whose economic loss claims and/or allegations were not already dismissed pursuant to Order No. 29 - will be dismissed without prejudice. As with Order No. 61, Plaintiffs in underlying economic loss complaints have fourteen (14) days from entry of this Order to object to their inclusion on the attached Exhibit A. (Signed by Judge Jesse M. Furman on 6/29/2015) (tn)

June 29, 2015

Filing 134 ORDER NO. 62 [Timing of Motion Practice On Unique Economic Loss Claims in Reinstated Economic Loss Cases]: The Court, having considered the parties' proposal, hereby ORDERS that motion practice on unique economic loss claims and allegations in reinstated economic loss complaints shall be deferred until after class certification, unless plaintiffs in any reinstated economic loss complaint files an objection within fourteen (14) days and makes a showing of good cause as to why Lead Counsel and New GM's proposal should not be adopted. For any plaintiff whose economic loss complaint is reinstated pursuant to Order No. 50 Paragraph 7 after the date of this Order, such plaintiff has fourteen (14) days from the date their economic loss complaint is reinstated to file an objection and make a showing of good cause as to why Lead Counsel and New GM's proposal should not be adopted as to their complaints. (Signed by Judge Jesse M. Furman on 6/29/2015) (tn) (Signed by Judge Jesse M. Furman on 6/29/2015) (tn)

June 29, 2015

Filing 133 ORDER NO. 61 [Dismissal of Economic Loss Claims Without Prejudice Pursuant to Order No. 50]: The Court, having considered the parties' proposed order, hereby dismisses without prejudice those economic loss complaints and economic loss claims and/or allegations identified in the attached Exhibit A. Plaintiffs in any of the cases identified in the attached Exhibit A have fourteen (14) days from entry of this Order to seek to reinstate their complaints, economic loss claims and/or allegations, upon a showing of good cause, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 6/29/2015) (tn)

June 26, 2015

Filing 132 NOTICE of Elliott, Sesay, and Bledsoe Plaintiffs' Objections. Document filed by Celestine Elliott. (Peller, Gary)

June 23, 2015

Filing 131 ORDER NO. 60 [Regarding the June 16, 2015 Status Conference]: the Court will conduct additional Status Conferences on the following dates: Friday, August 28, 2015; Monday, September 21, 2015; Friday, October 23, 2015; and Friday, November 20, 2015. Further, unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. Eastern Time and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. In light of Magistrate Judge Dolinger's retirement, the Court has re-designated all MDL cases to Magistrate Judge James Cott. As such, any order that references Judge Dolinger (see, e.g., Order No. 36 65, 14-MD-2543 Docket No. 604) is hereby amended to refer instead to Magistrate Judge Cott. The parties are to meet and confer regarding the redactions in the amended consolidated complaint (14-MD-2543 Docket No. 1038), and any corrected versions thereof, and plaintiffs' motion to compel King & Spalding documents (14-MD-2543 Docket No. 1028), along with any exhibits to the motion to compel submitted under seal. To the extent any party believes that any of the foregoing documents should remain redacted or under seal, that party shall file a letter brief (not to exceed ten single-spaced pages) by Tuesday, June 30, 2015, explaining why the redaction or sealing is consistent with the presumption in favor of public access to judicial documents. The parties are to meet and confer and submit an agreed upon proposed order or competing letter briefs (not to exceed five single-spaced pages) addressing the timing and scope of motion practice on the amended consolidated complaint by Tuesday, June 30, 2015. The parties are to meet and confer and submit agreed upon proposed orders or competing letter briefs by Tuesday, June 23, 2015, on the following topics as further set forth in this order. The parties should continue to meet and confer regarding issues related to the deposition of New GM's outside counsel, Anton Valukas. The parties are to submit simultaneous letter briefs (not to exceed ten single-spaced pages) regarding any remaining disputes by Friday, July 17, 2015, and any reply briefs (not to exceed five single-spaced pages) should be filed by Friday, July 24, 2015. Pursuant to Order No. 25 Paragraph 49, on July 15, 2015, the parties shall submit letter briefs, not to exceed ten single-spaced pages, "proposing the order of [Early Trial Cases] and setting forth the parties' rationales for their proposed orders." The parties' letter briefs should principally address why - and how - the Early Trial Cases they seek to try first are representative of cases in the MDL as a whole. New GM is to submit a brief (not to exceed twenty double-spaced pages) regarding the treatment of non-confidential discovery material by Friday, June 19, 2015. Plaintiffs are to submit a response brief (not to exceed the twenty double-spaced pages) by Wednesday, June 24, 2015. The parties are to inform the Court of their views regarding the Hammatt Plaintiffs' notice of voluntary dismissal or of any proposal to address the notice by Tuesday, June 23, 2015. (Status Conference set for 8/28/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 9/21/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 10/23/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 11/20/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Brief due by 7/17/2015. Responses to Brief due by 7/24/2015) (Signed by Judge Jesse M. Furman on 6/22/2015) (tn)

June 22, 2015

Filing 130 NOTICE of Of Errata and Correction to the Second Amended Consolidated Complaint re: #127 Amended Complaint,. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A ([Corrected] Second Amended Consolidated Complaint [REDACTED]))(Berman, Steve)

June 18, 2015

Filing 129 ORDER NO. 59: To enable the Court to resolve whether the relevant Plaintiff's certifications are "false or incorrect," thus warranting dismissal of their claims despite their certifications to the contrary, any Plaintiff who submitted an opposition to New GM's motion to dismiss is granted leave to file a sur-reply, to be filed no later than June 26, 2015, responding to the alleged deficiencies in his or her PFS identified in New GM's reply. Counsel for any such Plaintiff is directed to confer with counsel for New GM in advance of filing such a sur-reply, so that Plaintiff is aware of the specific documents he or she is allegedly missing and can respond accordingly. Plaintiffs are warned that a failure to file any sur-reply may, pursuant to Order No. 25, result in dismissal (without prejudice) of their claims without further notice. SO ORDERED. (As further set forth in this Order.) (Surreplies due by 6/26/2015.) (Signed by Judge Jesse M. Furman on 6/18/2015) (ajs)

June 12, 2015

Filing 128 BRIEF re: #117 Order, Set Hearings, Set Deadlines,,,,,,,,,,,,,,,,,,,,,,,, #114 Order,,,,, Lead Counsel's Report Pursuant to Orders 50 and 51. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A (LIst of Cases that Have Claims and Allegations Not Asserted in the Second Amended Consolidated Complaint))(Berman, Steve)

June 12, 2015

Filing 127 AMENDED COMPLAINT amending #61 Amended Complaint, #60 Amended Complaint against General Motors LLC.Document filed by GM Ignition Switch MDL Plaintiffs, Shenyesa Henry, Madelaine Koppelman, Frances Ann Fagans, Wayne Wittenberg, David Young, Nathaniel Fagans. Related document: #61 Amended Complaint, filed by GM Ignition Switch MDL Plaintiffs, #60 Amended Complaint filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 (part 2))(Berman, Steve)

June 11, 2015

Filing 126 ORDER NO. 58 [Regarding New GM's May 26, 2015 Motion To Dismiss Without Prejudice and its June 10, 2015 Motion To Dismiss With Prejudice]: that New GM is directed to file a reply to Plaintiffs' oppositions, no later than June 16, 2015, with an updated list of Plaintiffs whose claims New GM is still seeking to dismiss (along with a notation indicating if any of those plaintiffs opposed New GM's motion). Nykea Fox and Cortney Williams, identified on Exhibit A of New GM's motion - are directed to file any opposition to New GM's motion no later than June 25, 2015. New GM's reply, if any, shall be filed no later than July 2, 2015. Set Deadlines/Hearing as to (1023 in 1:14-md-02543-JMF) MOTION to Dismiss with Prejudice Economic Loss Plaintiffs for Failure to Submit Discovery Required by MDL Order No. 45: Responses due by 6/25/2015, Replies due by 7/2/2015. (Signed by Judge Jesse M. Furman on 6/11/2015) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn) (Signed by Judge Jesse M. Furman on 6/11/2015) (tn)

June 10, 2015

Filing 125 OPINION AND ORDER: In complex, multidistrict litigation of this sort, courts must grapple with - indeed, juggle a host of challenges and considerations. Among the most important of those challenges and considerations is striking the right balance between, on the one hand, protecting and preserving the rights and interests of individual litigants while, on the other hand, ensuring that such solicitude does not undermine the central purpose of MDL consolidation - namely, promoting "just and efficient" resolution of the parties' disputes. 28 U.S.C. 1407(a). In its effort to streamline the litigation, the Court's initial order addressing the effect of the Consolidated Complaints in this MDL - Order No. 29 - failed to grant appropriate weight to the former concern. For the reasons stated above, however, the Court concludes that Order No. 50 - a copy of which is attached for ease of reference does strike the right balance. As noted, Order No. 50 contemplates entry of additional orders touching on these issues. Through those orders and others, the Court will undoubtedly refine the balance between the individual and collective even further. For now, however, the Court finds that Order No. 50 appropriately protects the interests of all individual parties while ensuring that the Court is able to "expeditiously and thoroughly resolve" the common legal and factual issues that motivated the JPML to transfer these cases here. In re Asbestos Cases of Hatch, James & Dodge, G. Patterson Keahey, No. 06-CV-741 (TS), 2007 WL 582983, at *2 (D. Utah Feb. 20, 2007). (Signed by Judge Jesse M. Furman on 6/10/2015) (kl)

June 2, 2015

Filing 124 MEMO ENDORSEMENT on re: (997 in 1:14-md-02543-JMF) Letter filed by GM Ignition Switch MDL Plaintiffs. ENDORSEMENT: The proposed deadlines are hereby adopted, as is Plaintiffs' proposal for briefing and page limits. If, upon receipt of Plaintiffs' opening brief, either New GM or K&S believes that it needs more than the allotted pages, it may file a letter motion in accordance with the Court's Individual Rules and Practices. (Motions due by 6/10/2015. Responses due by 7/1/2015. Replies due by 7/22/2015.) (Signed by Judge Jesse M. Furman on 6/2/2015) (tn)

June 1, 2015

Filing 123 ORDER NO. 57 [Amending the Deposition Cross-Noticing Requirements in Order No. 36]: that case-specific bellwether depositions (i.e., depositions of case-specific expert witnesses or witnesses designated pursuant to Order No. 43 (Docket No. 744) as Category 3, Category 4, Category 5, and Category 6 fact witnesses) do not need to be cross-noticed in the Coordinated Actions. Accordingly, the first two sentences of Paragraph 20 of the Amended Deposition Protocol Order (Order No. 36, Docket No. 604) are amended as further set forth in this order. (Signed by Judge Jesse M. Furman on 6/1/2015) (tn)

May 27, 2015

Filing 122 ORDER NO. 56. The claims of Plaintiffs named in Exhibit 1 are hereby DISMISSED with prejudice. See In re World Trade Ctr. Disaster Site Litig., 722 F.3d 483, 487 (2d Cir. 2013) (noting that district courts' "responsibility to manage their dockets so as to achieve the orderly and expeditious disposition of cases...is particularly acute where the litigation is complex and continuing," and concluding "that the court did not exceed the bounds of its discretion in dismissing the noncompliant plaintiffs' complaints" (internal quotation marks omitted)). The Clerk of Court is directed to terminate Plaintiffs named on Exhibit 1 and to terminate 14-MD-2543 Docket No. 898. Additionally, since the claims of Steven Jones will be terminated pursuant to this Order, and he is the only Plaintiff in 14-CV-5350 (Ishmail Sesay, Plaintiff in 14-CV-6018, appears to be listed on the docket in error), the Clerk of Court is directed to close that case. Granting (898) Motion to Dismiss in case 1:14-md-02543-JMF. (Signed by Judge Jesse M. Furman on 5/27/2015) Entered as doc. #985 in Case No. 14md2543. (rjm)

May 11, 2015

Filing 121 ORDER NO. 55 granting (865) Motion to Dismiss in case 1:14-md-02543-JMF: that New GM's motion to dismiss, without prejudice, the claims of Nykea Fox and Courtney Williams is GRANTED. The Court notes that if Plaintiffs do, in fact, submit all required documentation within the next thirty days, they can move to vacate the dismissal without prejudice pursuant to Paragraph 4 of the Order. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 865. (Signed by Judge Jesse M. Furman on 5/11/2015) (tn) Modified on 5/11/2015 (tn).

May 6, 2015

Filing 120 ORDER NO. 54 [Regarding Motions To Remand Filed in Transferor Courts]: that Plaintiffs shall file any renewed motions to remand (in both 14-MD-2543 and their individual member case) no later than May 20, 2015, and shall include citations to Second Circuit law in the accompanying memorandum of law. New GM's opposition(s) shall be filed no later than June 3, 2015; Plaintiffs' replies, if any, shall be filed by June 10, 2015. New GM shall advise the Court no later than May 11, 2015 of any other motions to remand that were previously filed in cases currently in the MDL of which it is aware. Further, going forward, New GM shall advise the Court of any motion to remand filed in a case prior to its transfer to the MDL within two weeks of the case's transfer to the MDL. The Clerk of Court is directed to docket this Order in 14-MD-2543 and all above-captioned member cases. (Signed by Judge Jesse M. Furman on 5/6/2015) (Signed by Judge Jesse M. Furman on 5/6/2015) (tn)

May 6, 2015

Filing 119 ORDER NO. 53 [Regarding Lead Counsel's April 22, 2015 Motion to Vacate Dismissal and New GM's April 29, 2015 Motion to Dismiss with Prejudice] in case 2:14-cv-02458-JMF; granting (860) Motion to Vacate in case 1:14-md-02543-JMF: Because Plaintiffs listed on Exhibit A to Lead Counsel's motion have certified that they have all submitted a substantially complete PFS (see 14-MD-2543 Docket No. 861 at 2 & Ex. A), Lead Counsel's motion to vacate the dismissal with respect to those Plaintiffs is GRANTED pursuant to Order No. 25, and their cases are hereby reinstated. This Order, however, is without prejudice to New GM filing a motion to dismiss with respect to any such plaintiffs whose PFS submission is later deemed to have been incomplete as of the date of the motion's filing. As for New GM's motion to dismiss with prejudice, any opposition (by Lead Counsel or by any individual Plaintiff that it is a subject of that motion) shall be filed no later than May 19, 2015. Failure to submit any opposition to New GM's motion may result in dismissal with prejudice of that Plaintiff's claims without further notice. New GM's reply, if any, shall be filed no later than May 29, 2015. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 860. (Signed by Judge Jesse M. Furman on 5/5/2015) (tn)

May 6, 2015

Set/Reset Deadlines: Motions due by 5/20/2015. Responses due by 6/3/2015. Replies due by 6/10/2015. (tn)

May 6, 2015

Set/Reset Deadlines: Responses due by 5/19/2015, Replies due by 5/29/2015. (tn)

May 4, 2015

Filing 118 ORDER NO. 52 -- Regarding Qualification of Documents Generated by a Party as Authentic or Business Records: For the reasons set forth within, the Court finds that the entry of an order similar to the order used in the Bextra & Celebrex MDL will help to ensure that no party waits until close of discovery or eve of trial to raise objections, which is essential in litigation of this complexity and size and crucial for purposes of minimizing the risk of delays in the schedule set by the Court, including the schedule for bellwether trials. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 5/4/2015) (ab)

May 1, 2015

Filing 117 ORDER NO. 51 [Regarding the April 24, 2015 Status Conference]: Status Conference set for 6/16/2015 (rescheduled from the previously scheduled date of June 26, 2015) at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 8/28/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The parties should advise the Court as to whether they have reached agreement regarding informal coordination with counsel in the Felix Related Action (see 14-MD-2543 Docket No. 770) and the details of the proposed agreement (if any). If the parties do not reach agreement, they should promptly inform the Court. The parties should continue to meet and confer regarding the data extraction issues related to New GM's Customer Assistance Center ("CAC") Service Request database identified in the parties' joint pre-conference letter (14-MD-2543 Docket No. 847, 2) and shall raise any outstanding disagreements at the June 16, 2015 Status Conference. The parties should continue to meet and confer regarding production of documents that New GM has produced to the U.S. government and promptly bring any unresolved issues to the Court's attention. For Request Nos. 2, 4(c), 8, 15, 16, 24, 33, 34, and 41, New GM shall search for potentially responsive documents by applying the search terms agreed to by the parties across the custodial files of the custodians listed in Exhibit 4 to New GM's letter brief (14-MD-2543 Docket No 857, Ex. 4). The parties should meet and confer as to whether this list of deponents should be supplemented with additional individuals reasonably targeted by plaintiffs to have responsive information, including but not limited to additional deponents noticed by Lead Counsel. The parties should also meet and confer regarding reasonable production deadlines for any such additional agreed upon custodians. The deadline for Lead Counsel to file Plaintiffs' amended consolidated complaint has been extended to Friday, June 12, 2015. (Amended Pleadings due by 6/12/2015.) (Signed by Judge Jesse M. Furman on 4/30/2015)

April 27, 2015

Filing 116 PRESERVATION ORDER NO. 7 AGREED UPON ORDER REGARDING THE INSPECTION OF CERTAIN IGNITION SWITCH PARTS GOVERNED BY NHTSA RECALL CAMPAIGN 14v-047000: This Order sets forth an agreed plan for testing of certain recalled ignition switch parts covered by National Highway Traffic Safety Administration ("NHTSA") Recall Campaign 14v-047000 and modifies New GM's obligations for maintaining and preserving those recalled ignition switch parts. (Signed by Judge Jesse M. Furman on 4/27/2015) (tn)

April 27, 2015

Filing 115 AGREED PARTS PRESERVATION ORDER NO. 6: This Order sets forth New GM's obligations for maintaining and preserving recalled parts covered by (a) National Highway Traffic Safety Administration ("NHTSA") Recall Campaigns 14V-092, 14V-246, 14V-251, 14V-259, 14V-265, 14V-298, 14V-299, 14V-339, 14V-342, 14V-345, 14V-346, 14V-375, 14V-377, 14V-394, 14V-404, 14V-417, 14V-451, 14V-300, 13V-615 and (b) field actions outlined in New GM Bulletin No. 14036 (Incorrect Safety Lock Switch), New GM Bulletin No. 14043 (Incorrect Transmission Thrust Bearing), New GM Bulletin No. 14047 (Tail Lamp Gasket Seal), New GM Bulletin No. 14076 (Engine Noise), New GM Bulletin No. 14166 (Seat Mounted Side Impact Airbag Connector). The NHTSA Recall Campaigns and New GM Field Actions covered by this Order will be referred to as the "Relevant Recall Campaigns" for purposes of this Order. (Signed by Judge Jesse M. Furman on 4/27/2015) (tn)

April 24, 2015

Filing 114 ORDER NO. 50 [Reconsidering and Amending Order No. 29 Regarding the Effect of the Consolidated Complaints]: the Court determines that Order No. 29 should be: (1) clarified to specify that all dismissals are, unless and until the Court orders otherwise, without prejudice; (2) modified to provide a procedure to allow certain economic loss plaintiffs not named in the amended Consolidated Complaints to challenge the dismissal of their claims; and (3) revised to protect the due process rights of economic loss plaintiffs, such that dismissal of their individual complaints in order to streamline these proceedings does not preclude such plaintiffs from (a) recovering as a member of any class that might be certified or (b) pursuing claims, should a plaintiff choose to do so, if no class is certified or if the plaintiff opts out of a class that is certified. Accordingly, this Order supersedes Order No. 29 in its entirety, except that Order No. 29 remains intact insofar as it dismissed, without prejudice, the allegations, claims, and defendant(s) included in complaints that already had been transferred to or were filed in MDL 2543 as of the date of entry of that Order and not included in the Consolidated Complaints, which complaints were listed in Order No. 29, Exhibit A; and as further set forth in this order. (Signed by Judge Jesse M. Furman on 4/24/2015) (tn)

April 21, 2015

Filing 113 ORDER NO. 49: On April 3, 2015, Lead Counsel (in conjunction with Gary Peller, counsel for Elliott, Sesay, and Bledsoe Plaintiffs) and New GM submitted competing proposed orders regarding the effect of the Consolidated Complaints and later amendments on individual complaints. (14-MD-2543 Docket Nos. 809 ("Lead Counsel Ltr."), 810 ("New GM Ltr.")). Having reviewed the parties' submissions, the Court has drafted its own proposed order (attached as Exhibit A), which incorporates the following preliminary views regarding the parties' substantive disputes as further set forth in this order. The parties should be prepared to discuss the proposed Order at the status conference scheduled for April 24, 2015. (Mr. Peller is welcome, but not required, to attend and be heard on these issues.) Further, to facilitate the discussion, Lead Counsel and counsel for New GM shall confer in advance of the conference about the proposed Order. (Signed by Judge Jesse M. Furman on 4/21/2015) (tn)

April 21, 2015

Filing 112 MEMO ENDORSEMENT on re: (847 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the April 24, 2015 status conference. Additionally, counsel should be prepared to update the Court with respect to the status of the plaintiff fact sheets for both economic loss plaintiffs and personal injury/wrongful death plaintiffs. Further, the parties are hereby ORDERED to brief the issues raised in Item #10 -- Plaintiffs' proposed order regarding authentication and qualification of documents as business records. In the interest of resolving the issue before most if not all depositions begin, the parties shall submit simultaneous letter briefs, not to exceed five pages, no later than April 28, 2015, and may submit reply letter briefs, not to exceed three pages, no later than May 1, 2015, at 2 p.m. The Clerk of Court is directed to docket this memo endorsement in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 4/21/2015) (tn)

April 21, 2015

Set/Reset Deadlines: Brief due by 4/28/2015. Responses to Brief due by 5/1/2015. (tn)

April 17, 2015

Filing 111 ORDER NO. 48 [Protecting Privileged Materials Under Federal Rule of Evidence 502(d)]: that the Produced Documents, including the substance and the content thereof, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order" or "Order"), as set forth below. Unless otherwise stated in this Order, the Produced Documents, including the substance and content thereof, are also subject to the terms of MDL Order No. 10 (14-MD-2543 Docket No. 294) that was entered by the Court on September 10, 2014. The purpose of this Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules. (Signed by Judge Jesse M. Furman on 4/17/2015) ***As per chamebrs, Filed In All Member Cases: 1:14-md-02543-JMF et al. (tn)

April 16, 2015

Filing 110 ORDER NO. 47: In Order No. 22, the Court directed the parties, "[w]ithin fourteen (14) days of the Bankruptcy Court's ruling on New GM's pending Motions to Enforce," to "submit a joint letter proposing how the Court should proceed with respect to" Plaintiffs' Pre-Sale Consolidated Complaint. (14-MD-2543 Docket No. 399). As the parties are presumably aware, the Bankruptcy Court issued its ruling yesterday. (See 09-BR-50026 (Bankr. S.D.N.Y.) Docket No. 13109). Accordingly - and unless and until the Court orders otherwise - the parties are to submit their joint letter no later than April 29, 2015. Further, the parties should be prepared to discuss the issue at the upcoming April 24, 2015 status conference - preparation that should include, as necessary, conferring with counsel litigating before the Bankruptcy Court. (Signed by Judge Jesse M. Furman on 4/16/2015) (tn)

April 7, 2015

Filing 109 MEMO ENDORSEMENT on re: (808 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to file this in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 4/6/2015) (tn)

April 6, 2015

Filing 108 ORDER NO. 46 [Governing Deposition Privilege Issues Under Federal Rule of Evidence 502(d)]: that the Privilege Issue testimony, including the substance and the content thereof, shall be subject to and governed by the terms of this Order ("Rule 502(d) Deposition Order" or "Order"), as set forth below. The purpose of this Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules. (Signed by Judge Jesse M. Furman on 4/6/2015) (tn) Modified on 4/6/2015 (tn).

April 3, 2015

Filing 107 LETTER addressed to Judge Jesse M. Furman from Steve Berman, Elizabeth Cabraser, Robert Hilliard, Gary Peller dated April 3, 2015 re: Plaintiffs' proposed "Order No. __, Reconsidering and Amending Order No. 29 Regarding the Effect of the Consolidated Complaints". Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Text of Proposed Order)(Martin, Annika)

April 1, 2015

Filing 106 ORDER: that, by April 6, 2015, New GM and Lead Counsel shall submit to the Clerk of Court checks payable to AT&T in the amount of $850 and $849, respectively. (Signed by Judge Jesse M. Furman on 4/1/2015) (tn)

March 30, 2015

Filing 105 ORDER NO. 45 [Mechanism and Timetable For Dismissal of Economic Loss Plaintiffs With Overdue Discovery]: that any Plaintiff who fails to comply with his or her PFS obligations may be subject to having his or her claims dismissed. If a Plaintiff has not submitted a substantially complete PFS as of the date of this Order, the MDL Defendants shall send a Notice of Overdue Discovery to Plaintiff's counsel identifying the discovery overdue and stating that, unless the Plaintiff complies with the Court's discovery orders, the case may be subject to dismissal. If a Plaintiff fails to submit a completed PFS within fourteen (14) days after service of the Notice of Overdue Discovery, the MDL Defendants may move the Court for an Order dismissing the economic loss claims of the Plaintiff without prejudice. Plaintiff shall have fourteen (14) days from the date of the MDL Defendants' motion to dismiss to file a response either (a) certifying that the Plaintiff has submitted a completed PFS or (b) opposing the MDL Defendants' motion for other reasons. If a Plaintiff certifies that he or she has submitted a completed PFS, the Plaintiff's claims shall not be dismissed. The Court may, upon motion or sua sponte, dismiss the claims of any Plaintiff whom the Court finds to have submitted a false or incorrect certification. If the Court dismisses the economic loss claims of a Plaintiff without prejudice under the previous paragraph, the Order will be converted to a Dismissal With Prejudice upon the MDL Defendants' motion - to be filed no earlier than thirty (30) days after the Court's entry of the Order of Dismissal Without Prejudice - unless Plaintiff submits a substantially complete PFS or moves to vacate the Dismissal Without Prejudice within that same time period. (Signed by Judge Jesse M. Furman on 3/30/2015) (tn)

March 27, 2015

Filing 104 ORDER NO. 44 -- Regarding Certain Discovery Disputes: The parties raised several outstanding discovery disputes including Phase Two Discovery custodial search terms (see Order No. 31 2(b)) and Plaintiffs' Consolidated Document Requests (see id. 6). Pursuant to Order No. 39 Section IV, the parties submitted letter briefs and competing proposals for the Court's consideration (see Docket Nos. 732 and 734), and Plaintiffs have submitted a supporting declaration from Thomas Matzen (Docket No. 733). SEE ORDER. (Signed by Judge Jesse M. Furman on 3/27/2015) (ab)

March 26, 2015

Filing 103 ORDER NO. 43 [Regarding Deposition Sequence And Examination Time]: The MDL Defendants and Lead Counsel for the MDL 2543 Plaintiffs were unable to reach agreement on a supplemental deposition protocol. The Court has considered the parties' positions, conferred with judges presiding over Coordinated Actions and other related actions, and now issues the following protocols regarding the allocation of examination time and sequencing for MDL fact witness depositions, as further set forth in this order. (Signed by Judge Jesse M. Furman on 3/26/2015) (tn)

March 26, 2015

Filing 102 ORDER NO. 42 [Establishing Common Benefit Fee and Expense Fund]: The purpose of this Order is to provide for the fair and equitable sharing of the burden of services performed and expenses incurred by attorneys acting for the common benefit of plaintiffs in Common Benefit Actions (as defined in paragraph 11, below), and to provide plaintiffs in Common Benefit Actions and their counsel with access to Common Benefit Work Product for use in Common Benefit Actions, as further set forth in this order. (Signed by Judge Jesse M. Furman on 3/26/2015)(tn)

March 24, 2015

Filing 101 Vacated-in-part as per Judge's Order dated 5/5/2015, Doc. # 119 ORDER NO. 41 granting in part and denying in part (625) Motion to Dismiss in case 1:14-md-02543-JMF: Accordingly, Lead Counsel and/or Plaintiffs' liaison counsel is directed to serve Ms. Robinett - if they have not done so already - with a copy of this Order, Order No. 25, New GM's Notice of Overdue Discovery (Docket No. 559), and New GM's motion to dismiss Ms. Robinett's claims (along with Lead Counsel's response and New GM's reply) no later than March 25, 2015, and to promptly file proof of such service on the dockets of both 14-MD-2543 and 14-CV-9466. Ms. Robinett shall file any objection to dismissal with this Court's Pro Se office no later than April 8, 2015; New GM's reply, if any, shall be filed (and served on Ms. Robinett) no later than April 13, 2015. Ms. Robinett is cautioned that failure to respond to New GM's motion (or to obtain an extension to do so) will result in dismissal without prejudice of her claims, and may result in dismissal with prejudice pursuant to the terms of Order No. 25. As part of this Court's inherent authority to manage its caseload, Ms. Robinett is directed to become an ECF user - and take all necessary steps to do so - no later than May 13, 2015. In order to assist Ms. Robinett in this regard, Lead Counsel and/or Plaintiffs' liaison counsel are further directed to mail a copy of the model Motion for Permission for Electronic Case Filing for pro se plaintiffs and a copy of "A Manual for Pro Se Litigants Appearing Before the United States District Court for the Southern District of New York"- both available on the Court's website - to Ms. Robinett, and to promptly file proof of such service on the docket of 14-CV-9466. In conclusion, and for the foregoing reasons, the claims of all plaintiffs appearing on Exhibit A of New GM's reply (Docket No. 672, Ex. A), with the exception of Ms. Robinett, are dismissed without prejudice pursuant to Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 625. (Signed by Judge Jesse M. Furman on 3/23/2015) (tn) Modified on 3/24/2015 (tn). Modified on 5/6/2015 (tn).

March 24, 2015

Filing 100 ORDER NO. 40 [Regarding Choice-of-Law for Certain Plaintiffs]: In accord with the Parties' stipulation and agreement, the Court orders that, with respect to all of the claims of each of the above-named 22 Plaintiffs who allege vehicles that were manufactured by New GM, the substantive laws of each Plaintiff's home jurisdiction will govern all of that Plaintiff's claims asserted in the Complaint. (Signed by Judge Jesse M. Furman on 3/23/2015) (tn)

March 19, 2015

Filing 99 ORDER NO. 39 [Regarding the March 13, 2015 Status Conference] terminating (74) Motion for Reconsideration in case 2:14-cv-02458-JMF; terminating (74) Motion for Reconsideration in case 2:14-cv-02713-JMF; terminating (74) Motion for Reconsideration in case 1:14-cv-02714-JMF; terminating (74) Motion for Reconsideration in case 1:14-cv-03326-JMF; terminating (70) Motion for Reconsideration in case 1:14-cv-03298-JMF; terminating (499) Motion for Reconsideration ; granting (643) Motion to Seal Document in case 1:14-md-02543-JMF; terminating (103) Motion for Reconsideration in case 1:14-cv-04226-JMF; terminating (87) Motion for Reconsideration in case 1:14-cv-04265-JMF; terminating (123) Motion for Reconsideration in case 1:14-cv-04267-JMF; terminating (114) Motion for Reconsideration in case 1:14-cv-04268-JMF; terminating (88) Motion for Reconsideration in case 1:14-cv-04270-JMF; terminating (116) Motion for Reconsideration in case 1:14-cv-04272-JMF; terminating (87) Motion for Reconsideration in case 1:14-cv-04273-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04338-JMF; terminating (113) Motion for Reconsideration in case 1:14-cv-04339-JMF; terminating (74) Motion for Reconsideration in case 1:14-cv-04340-JMF; terminating (142) Motion for Reconsideration in case 1:14-cv-04342-JMF; terminating (88) Motion for Reconsideration in case 1:14-cv-04345-JMF; terminating (94) Motion for Reconsideration in case 1:14-cv-04346-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04348-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04350-JMF; terminating (85) Motion for Reconsideration in case 1:14-cv-04630-JMF; terminating (79) Motion for Reconsideration in case 1:14-cv-04632-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04637-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04641-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04650-JMF; terminating (72) Motion for Reconsideration in case 1:14-cv-04661-JMF; terminating (76) Motion for Reconsideration in case 1:14-cv-04662-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04667-JMF; terminating (74) Motion for Reconsideration in case 1:14-cv-04672-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-04676-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04684-JMF; terminating (69) Motion for Reconsideration in case 1:14-cv-04686-JMF; terminating (82) Motion for Reconsideration in case 1:14-cv-04690-JMF; terminating (88) Motion for Reconsideration in case 1:14-cv-04691-JMF; terminating (89) Motion for Reconsideration in case 1:14-cv-04692-JMF; terminating (76) Motion for Reconsideration in case 1:14-cv-04685-JMF; terminating (96) Motion for Reconsideration in case 1:14-cv-04699-JMF; terminating (93) Motion for Reconsideration in case 1:14-cv-04701-JMF; terminating (82) Motion for Reconsideration in case 1:14-cv-04702-JMF; terminating (80) Motion for Reconsideration in case 1:14-cv-04704-JMF; terminating (84) Motion for Reconsideration in case 1:14-cv-04707-JMF; terminating (72) Motion for Reconsideration in case 1:14-cv-04714-JMF; terminating (89) Motion for Reconsideration in case 1:14-cv-04715-JMF; terminating (86) Motion for Reconsideration in case 1:14-cv-04717-JMF; terminating (77) Motion for Reconsideration in case 1:14-cv-04720-JMF; terminating (97) Motion for Reconsideration in case 1:14-cv-04727-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04731-JMF; terminating (80) Motion for Reconsideration in case 1:14-cv-04732-JMF; terminating (80) Motion for Reconsideration in case 1:14-cv-04738-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04741-JMF; terminating (112) Motion for Reconsideration in case 1:14-cv-04751-JMF; terminating (83) Motion for Reconsideration in case 1:14-cv-04752-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04754-JMF; terminating (81) Motion for Reconsideration in case 1:14-cv-04755-JMF; terminating (100) Motion for Reconsideration in case 1:14-cv-04756-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04758-JMF; terminating (67) Motion for Reconsideration in case 1:14-cv-04759-JMF; terminating (67) Motion for Reconsideration in case 1:14-cv-04760-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04764-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04768-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-04771-JMF; terminating (91) Motion for Reconsideration in case 1:14-cv-04775-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04778-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-04781-JMF; terminating (72) Motion for Reconsideration in case 1:14-cv-04784-JMF; terminating (76) Motion for Reconsideration in case 1:14-cv-04798-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-04799-JMF; terminating (67) Motion for Reconsideration in case 1:14-cv-04801-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-04802-JMF; terminating (80) Motion for Reconsideration in case 1:14-cv-04804-JMF; terminating (89) Motion for Reconsideration in case 1:14-cv-04808-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-04810-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-04811-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-04857-JMF; terminating (69) Motion for Reconsideration in case 1:14-cv-04858-JMF; terminating (76) Motion for Reconsideration in case 1:14-cv-04859-JMF; terminating (54) Motion for Reconsideration in case 1:14-cv-05035-JMF; terminating (66) Motion for Reconsideration in case 1:14-cv-05137-JMF; terminating (65) Motion for Reconsideration in case 1:14-cv-05323-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-05325-JMF; terminating (78) Motion for Reconsideration in case 1:14-cv-05331-JMF; terminating (62) Motion for Reconsideration in case 1:14-cv-05332-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-05336-JMF; terminating (55) Motion for Reconsideration in case 1:14-cv-05338-JMF; terminating (69) Motion for Reconsideration in case 1:14-cv-05340-JMF; terminating (62) Motion for Reconsideration in case 1:14-cv-05345-JMF; terminating (56) Motion for Reconsideration in case 1:14-cv-05347-JMF; terminating (66) Motion for Reconsideration in case 1:14-cv-05350-JMF; terminating (73) Motion for Reconsideration in case 1:14-cv-05351-JMF; terminating (65) Motion for Reconsideration in case 1:14-cv-05356-JMF; terminating (62) Motion for Reconsideration in case 1:14-cv-05358-JMF; terminating (59) Motion for Reconsideration in case 1:14-cv-05328-JMF; terminating (65) Motion for Reconsideration in case 1:14-cv-05458-JMF; terminating (93) Motion for Reconsideration in case 1:14-cv-05461-JMF; terminating (68) Motion for Reconsideration in case 1:14-cv-05501-JMF; terminating (62) Motion for Reconsideration in case 1:14-cv-05503-JMF; terminating (56) Motion for Reconsideration in case 1:14-cv-05506-JMF; terminating (58) Motion for Reconsideration in case 1:14-cv-05746-JMF; terminating (57) Motion for Reconsideration in case 1:14-cv-05750-JMF; terminating (57) Motion for Reconsideration in case 1:14-cv-05752-JMF; terminating (60) Motion for Reconsideration in case 1:14-cv-05754-JMF; terminating (51) Motion for Reconsideration in case 1:14-cv-05715-JMF; terminating (63) Motion for Reconsideration in case 1:14-cv-05880-JMF; terminating (55) Motion for Reconsideration in case 1:14-cv-05881-JMF; terminating (59) Motion for Reconsideration in case 1:14-cv-05850-JMF; terminating (59) Motion for Reconsideration in case 1:14-cv-05810-JMF; terminating (54) Motion for Reconsideration in case 1:14-cv-06018-JMF; terminating (47) Motion for Reconsideration in case 1:14-cv-06830-JMF; terminating (45) Motion for Reconsideration in case 1:14-cv-06924-JMF; terminating (47) Motion for Reconsideration in case 1:14-cv-07224-JMF; terminating (40) Motion for Reconsideration in case 1:14-cv-07242-JMF; terminating (44) Motion for Reconsideration in case 1:14-cv-07474-JMF; terminating (45) Motion for Reconsideration in case 1:14-cv-07475-JMF; terminating (52) Motion for Reconsideration in case 1:14-cv-07477-JMF; terminating (46) Motion for Reconsideration in case 1:14-cv-07623-JMF; terminating (30) Motion for Reconsideration in case 1:14-cv-07631-JMF; terminating (34) Motion for Reconsideration in case 1:14-cv-07977-JMF; terminating (30) Motion for Reconsideration in case 1:14-cv-07979-JMF; terminating (41) Motion for Reconsideration in case 1:14-cv-08130-JMF; terminating (46) Motion for Reconsideration in case 1:14-cv-08133-JMF; terminating (38) Motion for Reconsideration in case 1:14-cv-08134-JMF; terminating (29) Motion for Reconsideration in case 1:14-cv-08176-JMF; terminating (42) Motion for Reconsideration in case 1:14-cv-08382-JMF; terminating (49) Motion for Reconsideration in case 1:14-cv-08385-JMF; terminating (48) Motion for Reconsideration in case 1:14-cv-08386-JMF; terminating (28) Motion for Reconsideration in case 1:14-cv-08317-JMF; terminating (23) Motion for Reconsideration in case 1:14-cv-08248-JMF; terminating (75) Motion for Reconsideration in case 1:14-cv-08540-JMF; terminating (23) Motion for Reconsideration in case 1:14-cv-08883-JMF; terminating (24) Motion for Reconsideration in case 1:14-cv-08885-JMF; terminating (42) Motion for Reconsideration in case 1:14-cv-08886-JMF; terminating (36) Motion for Reconsideration in case 1:14-cv-08891-JMF; terminating (59) Motion for Reconsideration in case 1:14-cv-09058-JMF; terminating (14) Motion for Reconsideration in case 1:14-cv-09110-JMF; terminating (22) Motion for Reconsideration in case 1:14-cv-09466-JMF; terminating (23) Motion for Reconsideration in case 1:14-cv-09469-JMF; terminating (13) Motion for Reconsideration in case 1:14-cv-09431-JMF; terminating (18) Motion for Reconsideration in case 1:14-cv-09712-JMF: that the Court will conduct additional Status Conferences on the following dates: Friday, April 24, 2015; Friday, June 26, 2015; and Friday, August 28, 2015. Unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m. EDT an

March 19, 2015

Transmission to Sealed Records Clerk. Transmitted re: #99 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (tn)

March 19, 2015

Set/Reset Hearings: Status Conference set for 4/24/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 6/26/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 8/28/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (tn)

March 19, 2015

Set/Reset Deadlines: Brief due by 3/27/2015. (tn)

March 13, 2015

Filing 98 STATUS REPORT. on Certification of Filing PFS Document filed by GM Ignition Switch MDL Plaintiffs.(Dotson, Daniel)

March 11, 2015

Filing 97 MEMO ENDORSEMENT on re: (636 in 1:14-md-02543-JMF) Letter, filed by DeAndrea Oden, General Motors Holding, LLC, Loretta V Lowe, Thomas Boccard, Alicia Richey, DPH-DAS LLC, Michael Patterson, Winnifred Harrigan, Robbie Roberts, Elizabeth Y. Grumet, Dolly Matthews, Dianne Huff, Delores Lewis, William B. Van Pelt, Penny Brooks, Charlotte Kirby, Jeff Detton, Jay Prassel, Randall Pina, Kathleen Deighan, Sharon Bledsoe, Casey White, Steve Berry, Mary Voigt, Kelly C. Norris, Deneise Burton, Julie Seavey, Jimmie Howard, Donda Davis, Wayne Hellerman, Roberta Chavez, Joyce Jeffrey, Doreen Leonard, Taunia Green, James Hancock, Helen Bell, Delissa Faulkner, Sharon Claxton, Pajja Jackson, Chris Shollenberger, Stoneridge, Inc., Alexis McKenzie, Kimberly Slaughter, Carol Munoz, Andre Edwards, Lianne LaReine, Manju Oberoi, Heather Holleman, Karen Smith-Mathews, Dawn Talbot, Letonya Lother, Charles Williams, Harry Albert, James Tibbs, Christopher Smith, Joie E. Ferguson, Steve Sileo, Paul Fordham, Keisha D. Vest, Judy Pickens, Sonya Surratt, Gwendolyn Broxton, Judy Murray, Anita Kinsey, The People of the State of California, Trina Brutche, Michelle A. Lannon, Rodney Jones, Diane E Harris, Rebecca Suarez-Marquez, Dierra Thomas, Willetta McCormick, Teresa Torres, Amy Cullum, Salvador Duenez, Vicki Nolton, Kathy Jasper, Curtis Blinsmon, Constance Mosley, Nataya Jackson, Valeria Glenn, Patricia Ann Chaplin, Earl Golston, Debra Villcheck, Karen McCarthy, Tammy Legg, Louise Haney, Melissa Cave, Terrene Terry, Sue Nagle, Zachary Dewitt, Tammy Sargent, Audra Brown, Maggie Dandridge, Sylvia Jones Glosson, Delphi Automotive PLC, Ethel Crutcher, Cindy Wade, Kelsey Vickers, Elizabeth McKinney, Bryan Williams, Jabrittny Harrison, Phyllis Hartzell, Melissa Parker, Nathan McNew, Kelly Marie Irvin, Rafael Lanis, Willie Barnes, Tynesia Mitchell, Cecilia Vindiola, Jeffery A. Balls, Eslie Johnson, Rachel Allen, Carrie Spencer, James Matthew Dilday, Christina Lankford, Thomas Stevenson, Amy Taylor, Galdina Maciel, Jennifer Fowler, Monique Cepero-Wisher, Tracey Childester, Kevin Holliday, Elizabeth Melton, Nykea Fox, Sarah Lyon-Schmidt, Debora Gordon, Robert Beatty, Donna Adams, Cindi Wooten, Annie McGhee, Joe Margolin, Meaghan Skillman, Ana Lourdis Quinones, Sarah Johnson, Valerie Young, Jennifer Reeder, Yvonne Myers, Kerry Hellstrom, Bob McCann, Allison C. Clinton, Corey Hoffman, Taren Cyrus, Grace Belford, Kimberly Smith, Brenda Hair, Carlos Robinson, Nathan Terry, Anita Flores, Sylvia Degado, Jennifer Gearin, Carla Jenkins, Stephanie Renee Carden, Pamela Minton, Nettleton Auto Sales Inc., Susan Rangel, Stephen Yagman, Carl Durham, Asuhan Leyva, Bob Shutts, Stacey Monroe, Wilbert Taylor, Victor McCleve, Pauline Mcwhorter, Salvador R. Marquez, Esperanza Bustillos, Troy Beauchamp, Laquinta Gulley, Jim Gresik, Duane Carter, II, Lea Jordanides, Fictitious Defendant "B", Sylvester Quiles, Chastity Minchala-Condo, Karen Moore, Judd Weisjahn, Julie Walston, Mark Hayden Troutman, Jamie Jackson, Kenneth L. Danforth, GM Ignition Switch MDL Plaintiffs, John Cameron, Tanjan Williams, Marie Mazzocchi, Willie Hatten Sr., Taylor Carpenter, Chasity Bliss Kitzmille Green, Mary Wade, General Motors LLC, Katherine Hughes, Perry Payton, Ryan Westemeier, Yasmi Gonzalez, Michael Washington, William Stinchcomb, Braggie Mabry, Noel Joyce Letterio, Jolene Fugate, April Dennis, Laura Cole, Eduardo Jimenez, Jr., DPH Holding Corporation, Danielle Thayer, Ryan Krause, Sheree Anderson, Judith M. Hoskins, Pamela Edwards, Jason Blevins, Victoria Farrow, Naomi Kinsey, Fanchea Hagan, Michael Garner, Sherri Pro, Deanna Dinco, Carter Brown Davis, Phillip Walston, Vincent Jurdine, Alan Rutherford, Tyrone Murchison, Gary Cagle, Ann Fearn, Kim Genovese, Maurice Johnson, John Helel, Martha Woodall, Katie Williams, Anna Andrews, Ruby L Greenroad, Robert Wyman, Unknown Defendant "A", Rachel Jones, Caitlyn Grether, Celestine Elliott, Timothy Nash, Perry King, Shannon Mosley, Latisha Oliver, Janelle Nelson, Sarah Hobby, Larry David Stidham, Brenda Duncan, Stefanie Osborne, Ronald Cox, Laura M. Parow, Zach Allen, Helen Grant, Roberta Cheraso, Alondra Ibanez, Michael A Smith, Alexander Herd, Amy Ashbridge, Velma Twiddy, Patricia Graves, Kenneth Leveille, Maya Gamble, Judy Rose, Lakisha Ward-Green, Joseph Cabral, Melinda Graley, Fictitious Defendant "D", Richard Lewis, Julie McCann, Mesafint Gebremariam, Eugene Landry, Continental Automotive Systems US, Inc., Kyle Phillip, Charles Bosarge, Tonya Dyer, Jack Cohen, Estevan Arroyos, Nancy Hausmann Frank, Pamela Lovell, Kelly Stelmack, Ronnie Heath, Lanette Selix, Sandra Rush, Katie Michelle McConnell, Anthony Vaughn, Wesley Wade, Richard Stafford, Eric McCarthy, Joni Precht, Jameka Lewis, Eric Brown, Cayce Lee, Joseph Catone, Andre Davis, Karen Rodman, Lisa West, Arnold Kessenger, Les Rouse, Heather Chockley, Louise Tindell, Amy C. Clinton, Katrina Miller, Steven Bucci, Jeaninne Little, Courtney Fleming, Amanda Delp, Diana Cnossen, Unknown Defendant "C", Yvonne E. Rodriguez, James Shell, Patricia Ramirez, Jenee Byrd, Maurice Shaffer, Bernard Bladen, Bedford Autho Wholesale, Inc., William Diggs, Michael C. Rader, Franklin Heishman, Michael Monisera, Phillip R Arnold, Lynette Little, Robert Bellin, Sara Robinson, Robert Young, Maria Raygoza, Cierra Payne, Amy Powell, Betty Barnes, Karondra Douglas, Antonia Laverdiere, Pat Williams, Lisa Phaneuf, Cathy Roads, Demealla Stocchi, Faye S. Williams, Bonita LaGoe, Cathy Wood, Ashley Coleman, Tara Heath, AutoFair Chevrolet, LLC, Maribel Davila, Reubena Crook, Erin Rosa, Tyson Sumners, Emily Heishman, Dorothy Petty, Jonathan Emerson, Broc Collins, Jeremy Clinton, Gordon Hair, Tracy Lewis, Austin DePalma, Kimberly Dykes, Kimberly Post, Kendra Bauman, Keith E. Gors, Dillon Lawrence, Lauren Durham, Cassandra Benjamin, Rita Parsons, Sonia Nava, Peyton Markle, Lawrence M. Elliott, Rebecca Youngblood, Vivian Johnson, Tanya Smith, Manuel Brown, Marie Pearison, Roxana Williams, Aaron Myrick, Jenna Maddocks, Dorian Robinson, Nicole Salerno, Kenneth Melton, Alvie Cochran, Lakendra Head, Clifford Pridgen, Daniela Jones, Erin E Kandziora, Jerrile Gordon, Charles Silvas, Bruce Wright, Moraima Serpa, Courtney Williams, Meghan Rodgers, Dantoni Pronnette, Don McCue Chevrolet, Inc., John W. Taylor, Pam Gladson, Bill Pierre Ford, Inc., Sidney Briggs, Elizabeth D. Johnson, Gwen Jordan, Kyle Smith, Robert Boyland, Patricia Houston, Michael Barnes, Debra O'Neill, Ashley Hill, NADIA YINGLING, David Rose, Latifah Degree, JULIO ZEGARRA, Tannell Poole, LaTonia Tucker, Kathy Vickers, Valerie Brooks, Sarah Detton, McDexturie Davison, Marjorie Reagle, Heiser Chevrolet Inc, Christa Wessel, Stephanie Hamilton, Joanne Yearwood, Barb Lawson, Frederick Whittington, LeAnn Storck, Lorrie Mcllwain, Irene Garcia, Byron Ricketts, Larry Darby, Carlota Onofre, Kenneth Brummitt, Laura Gutierrez, Momoh Kanu, Fictitious Defendant "C", Leonidas Player, Calvin Jackson, Peggy Sue Jones, Nathaniel Callis, Christopher Hope, Jesse Salazar, III, Rory Harvey, Colin Elliott, Jacob P. Knetzke, Denise Petersen, Inge Abney-Hobirk, Kimberley Monroe, Linda Stevens, Janice Ross, Amalia M. Brooks, Terri Umberger, Bernard Dawson, Luis Lozoya, Christopher Rawlings, Danielle Shirley, John Wilson, Kelli Rayner-Creel, Cathy Josie, Lisa Ruff, Shawn Doucette, David Padilla, Brian McDonald, Henry Redic, Joann McQueen, Robert H. White, Michelle Seefeldt, John Marvin Brutche, Jr., Jeanine Bachelder, Charles Culbreath, Diann Ashworth, David McFadde, Deborah Carpenter, Tracey Taylor, Joseph Fleck, Grace Silvas, Sandra Horton, Danyetta Lumpkin, Ken Davis, Philip Young, Nicole Mason, Athena Bendermon, Stewart Wagner, Linda Wright, Kenneth D. Phillips, Steven Anderson, Catherine Cabral, Anthony Pigatt, Kelly Cohen, McKenna Dunfee, Dominique Hicks, Dawn Wright, Teresa Gibson, Ruby Woodward, Joseph Lakatos, Rex Roach, Patricia Murtha, Simone Genus, Mary Simmons, Stephanie Cockram, Jerome Woods, Robert Scheuer, Unknown Defendant "B", Sherry Kielman, Edward Williams, Scott Johnson, Maria Craig, Natisha Thornton, Maria Brandt, Lisa Marino, Joy Carta, Austin Lee Slade, Karen Ballard, Thomas Manno, Martha Dickey, Alejandro Alers, Sr, Robert Pearson, Sarah Sloan, Wendy Williams, Keith Edward Lambeth, Shannon Beckmeyer, Mareceia Price, General Motors Company, Ishmail Sesay, Milton Jackson, Thomas Hicks, Amy Smith, Paul Glantz, Diane Berry, Brenda Styles, Kahlie M Hoffman, Michael Graciano, William Ross, Thomas Stafford, Brittany Tedder, Patricia Towne, Rachel Blankenbaker, Lisa Teicher, Dennis R. Ward, Tammie Balls, Pamela Maas, Camlan Inc., Peggy Robinson, Beth Sweeney, Silas Walton, David Fritze, Timothy A Davis, Jr., Gloria Williams, Sam Funk, Emily Stidham, Cathy Martin, Dawn Orona, Linda Shaffer, Brandy Pinegar, Charles O'Neill, Gene Reagan, Tara Williams Hooper, Darlene E. Robinett, Carlton Moore, Jody Hayes, Cynthia Lard, Rhonda Haskins, Travarion B Brown, Marissa Vela, William Mounts, Jeanne Jones Ball, Patricia Barker, Larry G Bender, Martha A. Wells, George Mathis, Daniel Ratzlaff, James D McDonnell, Jekerrius Williams, Lorraine De Vargas, Wanda Bradley, Deerena Ewing, Cindy Davis, George Chambers, Barbara Hill, Bryan Bastidas, Robert Huff, Rebecca Mathison, Mary Dias, Richard Leger, Nicole Heuler, Elizabeth Klukaczynski, Janay Horne, Lorie Biggs, Marty F. Wilson, Danny Vinson, Robin Deluco, Wanda Garza, Katherine Taylor, Fictitious Defendant "A", Amy Miller, Gertrude Barnes, Michael Garcia, Randi Spangler, Glynn Brent, Joshua Landrigan, Amanda Hannah, Misty Downes, Jennifer Clark, Aaron Groves, Bernadette Romert, Geraldine Miller, Steven Groman, Mary Greene, Dawn Garrett, Thomas J. Carta, Miranda Rodriguez, Mel Cohen, Heather Markwell, Alphonso Wright, Wendy Kosovec, Candice Brown, Mariah I. Fish, Merry B. Sigmon, Patricia Smith, Patricia Backus, Gabriel Dor, Kachet Pierre, Michael Rude, Daniel Dean, Martin Ponce, Maria Elena Santiago, Michael Owens, Michelle Wade, Patricia Martin, Maurice Adams, Michael Smith, The Estate of Tiffany Sumners, James J. McDonnell, Lacey Ditcharo, Brittany Childre, Kenneth W. Mangiapane, Michelangelo De Ieso, Angelina Copado, Pamela Caporale, Barbara Gray, Tommy Tyson, Arlene Rev

March 11, 2015

Filing 96 ORDER NO. 38 [Regarding Preservation and Accessibility of Documents and Electronic Data]: Based on the agreement of the Parties, and for good cause shown, the Court enters this Order to address the scope of accessibility and preservation of Documents and Electronic Data in this matter. This Order supersedes the preservation provisions set forth in Order No. 1. See Order No. 1, XII. This Order does not, however, supersede Order No. 11 or the orders entered by the Court with respect to the preservation of tangible things. See, e.g., 14-MD-2543 Docket Nos. 238, 279, 344, 403. It is anticipated that additional orders may be entered with respect to other specified Documents, Electronic Data, and tangible things, which orders will supersede this Order to the extent they conflict with this Order. (Signed by Judge Jesse M. Furman on 3/11/2015) (tn)

March 3, 2015

Filing 95 ORDER NO. 37 [Regarding Plaintiffs' Request to Compel Production of Unredacted Documents and To Amend Order No. 10] re: (600 in 1:14-md-02543-JMF) Brief filed by GM Ignition Switch MDL Plaintiffs, (601 in 1:14-md-02543-JMF) Brief filed by GM Ignition Switch MDL Plaintiffs: that Plaintiffs' request to compel production of unredacted versions of GM Board of Directors-related documents is DENIED as premature. The parties are directed to discuss, in good faith, their disputes regarding the redacted documents, and - if such a process is unsuccessful in resolving all of the disputes - are further directed to meet and confer regarding a process for submitting the challenged documents (or a representative subset thereof) for in camera review by the Court. Plaintiffs' request to amend Order No. 10, it is GRANTED to the limited extent that the Order appears to authorize redaction of "Highly Confidential Information" that is otherwise relevant and not independently protected from disclosure by one of the grounds listed in Paragraph 3(d). (14-MD-2543 Docket No. 294). Accordingly, the first sentence of Paragraph 3(d) of the Order is amended to state as further set forth in this order. To the extent Plaintiffs seek additional amendments to Order No. 10 - including but not limited to prohibiting all redactions of "Highly Confidential Information" - their motion is DENIED without prejudice to renewal upon good cause (based on, for example, a showing that a party is abusing and/or improperly applying the authorization to redact material). (Signed by Judge Jesse M. Furman on 3/3/2015) (tn)

February 27, 2015

Filing 94 MOTION for Daniel Fayne Dotson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10642150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Proposed Order, #2 Exhibit Certficiate of Good Standing)(Dotson, Daniel)

February 27, 2015

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #94 MOTION for Daniel Fayne Dotson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10642150. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

February 23, 2015

Filing 93 AGREED PRESERVATION ORDER NO. 5: This Order sets forth New GM's obligations for maintaining and preserving recalled parts covered by National Highway Traffic Safety Administration ("NHTSA") Recall Campaigns 14V-240, 14V-253, 14V-315, 14V-341 (the "Relevant Recall Campaigns"). (Signed by Judge Jesse M. Furman on 2/19/2015) (tn)

February 23, 2015

Filing 92 ORDER NO. 36 [AMENDED DEPOSITION PROTOCOL ORDER]: Although the Joint Coordination Order contains provisions relating to depositions in the MDL Proceeding and Coordinated Actions, the MDL Court directed the parties to meet and confer to develop more specific protocols. The Court has considered the parties' positions and now issues the following protocols to govern (1) all depositions in the MDL Proceeding and (2) all depositions involving common questions in the MDL Proceeding and Coordinated Actions. This Order does not address the timing of depositions, a subject that the Court has addressed in prior Orders and conferences (see, e.g., Order Nos. 14 and 25; Dec. 15, 2014 Status Conference Tr. at 63:16-21, 66:25-67:11, 67:17-18) and will address further in future Orders as appropriate, as further set forth in this order. The parties shall meet and confer to develop supplemental protocols for (a) allotting examination time to various parties or party groups and (b) determining order of examination of a witness. Unless the Court orders otherwise, the parties shall submit an agreed-upon proposed order (or orders), or competing proposed orders and supporting letter briefs not to exceed five (5) pages, no later than March 4, 2015. (Brief due by 3/4/2015.) (Signed by Judge Jesse M. Furman on 2/23/2015) (tn)

February 20, 2015

Filing 91 BRIEF Plaintiffs' Opening Brief Regarding Choice of Law. Document filed by GM Ignition Switch MDL Plaintiffs.(Cabraser, Elizabeth)

February 17, 2015

Filing 90 ORDER NO. 35 [Classification System for "Severe" and "Mild to Moderate" Personal Injury Claims]: the Court established a bellwether trial plan for eligible personal injury and wrongful death claims based on alleged defects in vehicles manufactured by General Motors LLC or General Motors Corporation. (See Order No. 25.) The bellwether trial plan consists of claims from three categories, as further set forth in this order. After conferring, the parties agreed upon a classification system for such personal injury claims. After due consideration, the Court approves and adopts the parties' proposed classification of claims. For the bellwether trial plan for personal injury and wrongful death cases, a claim involving any of the following types of injuries shall be eligible for inclusion in Category 2: skeletal or bone fracture requiring surgery; spinal injury requiring surgery; traumatic brain injury resulting in a Glasgow Coma Scale score of 12 or lower; limb amputation; cut or laceration resulting in permanent and significant scars or disfigurement; second or third degree burns on more than 10 percent of the body; paraplegia; quadriplegia; blindness or vision impairment lasting for one week or more; brachial plexus injury; or nerve damage or other medically diagnosed injury that (a) prevents the injured person from performing substantially all of the material acts that constitute such person's usual and customary daily activities, or (b) results in the loss or limitation of a body function or system. A claim involving an injury other than one listed in Paragraph 3 shall be eligible for inclusion in Category 3. (Signed by Judge Jesse M. Furman on 2/17/2015) (tn)

February 6, 2015

Filing 89 ORDER NO. 34 [Regarding the Bellwether Plan's Type of Alleged Defects and Categorization of Claims]: that ignition-switch related claims involving accidents occurring on or after July 11, 2009 in the following vehicles will be within the scope of the bellwether trial plan memorialized by Order No. 25: 1. Chevrolet Cobalt (MY 2005-2007); 2. Pontiac G5 (MY 2007); 3. Saturn Ion (MY 2003-2007); 4. Pontiac Solstice (MY 2006-2007); 5. Chevrolet HHR (MY 2006-2007); and 6. Saturn Sky (MY 2007). The pool of eligible cases will consist of claims from the following categories: 1. Category 1: Wrongful death claims involving Production Part Vehicles with airbag non-deployment. 2. Category 2: Severe personal injury claims involving Production Part Vehicles with airbag non-deployment; 3. Category 3: Mild to moderate personal injury claims involving Production Part Vehicles with airbag non-deployment. The parties shall meet and confer regarding the classification system for distinguishing between "severe" and "mild to moderate" personal injury claims, and to submit a joint proposed order no later than February 13, 2015. Additionally, the parties are directed to meet and confer as to whether (and, if so, when) the bellwether trial plan should be expanded to encompass other vehicle models and claims represented in the MDL, and to raise the issue with the Court via a pre-conference proposed agenda at the appropriate time. (Signed by Judge Jesse M. Furman on 2/6/2015) (tn)

January 26, 2015

Filing 88 ORDER NO. 33 [Regarding the January 20, 2015 Status Conference]: that the Status Conference previously scheduled for February 11, 2015 has been CANCELED. Status Conference set for 3/13/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 4/8/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The parties should be prepared to address at the March 13, 2015 Status Conference whether additional Status Conferences should continue to be scheduled on a monthly basis (as opposed to every six weeks, two months, or some other schedule). Pursuant to Order No. 32 46, the parties shall propose supplemental deposition protocols by submitting an agreed-upon proposed order (or orders), or competing proposed orders and supporting letter briefs not to exceed five (5) pages, no later than March 4, 2015. The parties should submit an agreed upon order regarding the preservation of and inaccessibility of documents by March 6, 2015. The parties should submit an agreed upon common benefit assessment order by February 27, 2015. Defendants and Lead Counsel should each file consolidated responses to the Bledsoe, Elliott, and Sesay plaintiffs' motion to reconsider and/or objections to Order No. 29 (see 14-MD-2543 Docket Nos. 499, 502, 503, 506) by January 29, 2015, and the Bledsoe, Elliott, and Sesay plaintiffs shall file a consolidated reply, if any, by February 5, 2015. (The Court previously set earlier deadlines, but is extending the deadlines in light of the inclement weather.) (Brief due by 3/4/2015. Responses due by 1/29/2015. Replies due by 2/5/2015.) (Signed by Judge Jesse M. Furman on 1/26/2015) (tn)

January 16, 2015

Filing 87 MEMO ENDORSEMENT on re: (532 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the January 20, 2015 status conference. The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 1/16/2015) (tn)

January 15, 2015

Filing 86 OPINION AND ORDER: For the foregoing reasons, the Court agrees with New GM that the Interview Materials are protected by both the attorney-client privilege and the attorney work product doctrine. The Court acknowledges that that ruling deprives Plaintiffs of material that might be helpful in the preparation of their cases. In reality, however, it "puts [Plaintiffs] in no worse position than if the communications had never taken place," Upjohn, 449 U.S. at 395, as Plaintiffs themselves are free to question the witnesses who were interviewed by the Valukas team. Moreover, in the memorable words of Justice Robert Jackson, "[d]iscovery was hardly intended to enable a learned profession to perform its functions... on wits borrowed from the adversary." Hickman, 329 U.S. at 516 (Jackson, J., concurring). And, in the final analysis, the cost of withholding the materials is outweighed by the benefits to society of "encourag[ing] 'full and frank communication between attorneys and their clients and thereby promot[ing] broader public interests in the observance of law and the administration of justice.'" Swidler & Berlin v. United States, 524 U.S. 399, 403 (1998) (quoting Upjohn, 449 U.S. at 389). Accordingly, and for the reasons explained above, Plaintiffs' application to compel disclosure of the Interview Materials and other items is DENIED, except that New GM is ordered to disclose, within two weeks, the names of all witnesses who were interviewed by Valukas and his colleagues but not mentioned by name in the Valukas Report itself. (Signed by Judge Jesse M. Furman on 1/15/2015) As per chambers, filed in all Member Cases: 1:14-md-02543-JMF et al., and 14mc2543. (tn)

January 14, 2015

Filing 85 ORDER NO. 31 [Regarding the Phase Two Discovery Plan]: that discovery in Phase Two shall proceed as further set forth in this order. New GM shall begin a rolling production of Phase Two Discovery Documents by June 5, 2015, and the parties shall substantially complete their Phase Two productions by October 30, 2015. In accordance with Order No. 30, except as otherwise set forth herein, Phase Two Discovery will begin on Tuesday, May 5, 2015, and will be substantially completed by October 30, 2015. (Signed by Judge Jesse M. Furman on 1/14/2015) (tn)

December 19, 2014

Filing 84 ORDER NO. 30 [Regarding the December 15, 2014 Status Conference]: The Court, having held a Status Conference on December 15, 2014, and having given Lead Counsel for Plaintiffs ("Lead Counsel") and counsel for Defendants an opportunity to be heard on issues addressed in the agenda items set forth in the Court's December 11, 2014 Memo Endorsement (14-MD-2543, Docket No. 471), issues this Order to memorialize the actions taken and rulings made at the Status Conference, as further set forth. By Wednesday, December 31, 2014 at 12:00 p.m. EST, the parties should submit a joint letter (not to exceed five single-spaced pages) identifying the plaintiffs and the states at issue in the choice-of-law briefing. Lead Counsel and New GM should submit simultaneous opening briefs (not to exceed 40 double-spaced pages) by Friday, February 20, 2015, with simultaneous response briefs (not to exceed 30 double-spaced pages) by Monday, March 23, 2015. Phased discovery in this MDL shall be sequential. Phase II discovery will begin on Tuesday, May 5, 2015, and should "build on" what is learned in Phase I. The parties are to submit an agreed upon proposed order governing the Phase II discovery schedule by Monday, January 5, 2015. The parties are to submit an agreed upon proposed deposition protocol order by no later than Thursday, January 9, 2015.Status Conference set for 1/20/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 2/11/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 3/13/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 4/8/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/19/2014) (tn)

December 19, 2014

Set/Reset Deadlines: Brief due by 2/20/2015. Responses to Brief due by 3/23/2015. (tn)

December 18, 2014

Filing 83 ORDER NO. 29 [Order Regarding the Effect of the Consolidated Complaints]: that any economic loss allegations, claims, and defendant(s) not included in the Consolidated Complaints are hereby dismissed without prejudice (1) upon the effective date of this Order for complaints already transferred to or filed in MDL 2543, and (2) 60 days following the date of transfer or filing for complaints that are transferred to or filed in MDL 2543 after the date of this Order but prior to June 4, 2015. For any claims dismissed pursuant to the preceding sentence, the statute of limitations shall be tolled from the date of dismissal to June 4, 2015. If any plaintiff whose claims are dismissed pursuant to this paragraph objects to dismissal of his or her allegations, claims, or any defendant(s) not named in the Consolidated Complaints, then such plaintiff may seek leave with the Court to reinstate his or her allegations or claims or the addition of such dismissed defendant(s) upon a showing of good cause within 14 days of the dismissal without prejudice. No motion or responsive pleading to any claims reinstated by the Court shall be due unless and until ordered by the Court, and as further set forth in this order. A list of the complaints to be dismissed without prejudice by the terms of this Order is attached hereto as Exhibit A. (Signed by Judge Jesse M. Furman on 12/18/2014) (tn)

December 12, 2014

Filing 82 ORDER NO. 28 [Regarding Whether To Defer Briefing on Plaintiffs' Post-Sale Consolidated Complaint Until After the Bankruptcy Court Decides the Pending Motions To Enforce]: Upon review of the parties' briefs (14-MD-2543 Docket Nos. 439-40 and 467-68), the Court concludes, with one possible exception, that all such briefing should be deferred until after Judge Gerber's decisions, substantially for the reasons provided by New GM in its memoranda of law. The one possible exception is whether the Court should order briefing now on choice-of-law issues relating solely to claims brought by the nine sets of plaintiffs from seven states that - by New GM's own admission "allege vehicles that were definitely manufactured by New GM." (14-MD-2543 Docket No. 439, at 5). The parties should confer on whether such limited briefing should proceed now (and on a proposed schedule for any such briefing, unless the schedule proposed by the parties in their joint letter of December 2, 2014 (14-MD-2543 Docket No. 445) would suffice) and be prepared to address the issue at the December 15, 2014 status conference. (Signed by Judge Jesse M. Furman on 12/12/2014) (tn)

December 12, 2014

Filing 81 MEMO ENDORSEMENT on re: (470 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: The Court will disregard the two attachments. The parties should refrain from including attachments with future agenda letters. If additional briefing is necessary, the parties should make an appropriate proposal after conferring with one another. The Clerk of Court is directed to docket this in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 12/11/2014) (tn)

December 11, 2014

Filing 80 MEMO ENDORSEMENT on (Doc. No. 469 in 14-MD-2543) LETTER dated December 11, 2014 re: Tentative Agenda Letter for December Status Conference: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the December 15, 2014 status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference (unless counsel believe and indicate at the conference that it would be more productive to address them at a later conference after counsel have had more time to confer): (1) assuming the Court does not set a comprehensive schedule for economic loss bellwether trials, whether it should set any preliminary deadlines, including but not limited to a deadline for the submission by plaintiffs of the Plaintiff Fact Sheets previously approved by the Court; (2) whether expert discovery (reports and/or depositions) should be divided or organized into (a) generic experts (applicable to all or most cases) and (b) case-specific experts (specific to individual cases, such as medical experts with respect to a particular plaintiff); and (3) the coordination issues raised by New GM's letters of December 4, 2014 (Docket No. 447) and December 5, 2014 (Docket No. 457). The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 12/11/2014) (ab)

December 10, 2014

Filing 79 ENDORSED LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser and Robert C. Hilliard dated 12/9/2014 re: Lead Counsel and Counsel for New GM respectfully request an extension of the deadline to submit the joint letter setting forth the parties tentative agenda. ENDORSEMENT: The parties are granted an extension, but only until noon on Thursday December 11, 2014. Further, counsel are reminded that all requests for extensions must be made by letter motion filed on ECF, not ordinary letter.(Signed by Judge Jesse M. Furman on 12/9/2014) (djc)

December 1, 2014

Filing 78 ORDER NO. 27 -- Regarding the Parties' Joint Management of the Official MDL 2543 Website: The parties (specifically, Plaintiffs' Lead Counsel and counsel for General Motors LLC ("New GM")) have met and conferred regarding the content of the proposed official MDL website, gmignitionmdl.com. All objections have been resolved. The parties further agree and this order authorizes and directs them to jointly administer the site, and will add content on a weekly basis to keep the website current, including the Court's orders, hearing transcripts, important pleadings, and other informational and neutral content. The parties will coordinate on and jointly agree as to any and all website content and will bring any unresolved issues to the Court for decision. The website in its current form meets with the Court's approval and shall serve as the official website for MDL No. 2543, except that the reference and links to the Court's "Rules and Related Documents" found in the Court Documents menu under Court Rules shall be replaced with the following sentence hyperlinking the Court's website (http://nysd.uscourts.gov/judge/Furman): "Judge Furman's Individual Rules and Practices can be read here." (Signed by Judge Jesse M. Furman on 12/1/2014) (ab)

November 25, 2014

Filing 77 ORDER NO. 26 -- ORDER REGARDING THE PRODUCTION OF PERSONNEL FILES BY GENERAL MOTORS LLC: The rules set forth within shall govern the production of personnel files and related documents by General Motors LLC in the MDL Proceeding, and any Coordinated Action. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 11/25/2014) (ab)

November 21, 2014

Filing 76 MEMO ENDORSEMENT on re: (425 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: The parties shall file their letter briefs on the disputed issue no later than 2 p.m. EST on November 24, 2014. SO ORDERED. (Brief due by 11/24/2014.) (Signed by Judge Jesse M. Furman on 11/21/2014) (tn)

November 19, 2014

Filing 75 ORDER NO. 25 -- Regarding the Selection of Personal Injury and Wrongful Death Bellwether Cases and Early Trial Scheduling. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 11/19/2014) (ab)

November 17, 2014

Filing 74 ORDER NO. 24: Upon review of the parties' supplemental submissions concerning their disputes over the Plaintiff Fact Sheet ("PFS") to be used for personal injury and wrongful death plaintiffs (Docket Nos. 408 & 409), it is hereby ORDERED that the PFS shall include all of the questions proposed by Defendants and set forth in Exhibit A to their letter of November 14, 2014, except for Questions 22, 23, 42(b), 42(d), 44, 51, 58, and 61. In addition, Question 26 shall be limited to the "past ten (10) years" and Question 42(f) shall be limited to the driver of the Subject Vehicle. The parties shall revise the PFS in light of the foregoing and submit a final version to the Court (along with final versions of the two PFSs for economic loss plaintiffs) with their supplemental submission concerning the proposed bellwether order due by tomorrow at 5 p.m. (Counsel should carefully proofread the PFSs before resubmitting them, as the current versions contain various errors. See, e.g., Defendants' version Questions 42(h), 42(k), 42(w), RFP No. 11 (missing or erroneous punctuation); Defendants' version Question 43 ("question 48(a)-(x)" should be "question 42(a)-(x)"); Plaintiffs' version Question 42 ("(3)" should be "(10).") (Signed by Judge Jesse M. Furman on 11/17/2014) (ab)

November 14, 2014

Filing 73 MEMO ENDORSEMENT on re: (397 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: The Court, having conferred with Judge Tanksley, approves of the parties' agreement and proposals for resolution of the unresolved issues, except that the production of documents listed on the logs shall be completed no later than February 27, 2015, to ensure that any disputes can be resolved in a timely fashion. Entry of the 502(d) Order indicates no view and has no bearing on whether or to what extent the unresolved disputes should be decided by this Court as opposed to Judge Tanksley or any other court - the issue to be addressed in the parties' briefing to be submitted by December 10, 2014. The Clerk of Court is directed to docket this endorsed letter in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 11/14/2014) (tn)

November 14, 2014

Filing 72 MEMO ENDORSEMENT on re: (400 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: In light of the objection, the Court will refrain from any direct communication with Mr. Feinberg about the subject matter of the litigation. If circumstances change at any point and there is no longer an objection, the parties shall jointly advise the Court. (Signed by Judge Jesse M. Furman on 11/14/2014) (tn)

November 14, 2014

Filing 71 ORDER NO. 23 - Protecting Privileged Materials Under Federal Rule of Evidence 502(d): IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Produced Documents, including the substance and the content thereof, shall be subject to and governed by the terms of this Order ("Rule 502(d) Order" or "Order"), as set forth below. Unless otherwise stated in this Order, the Produced Documents, including the substance and content thereof, are also subject to the terms of MDL Order No. 10 (14-MD-2543 Docket No. 294) that was entered by the Court on September 10, 2014. The purpose of this Order is to expedite the flow of discovery material, and to facilitate prompt resolution of disputes over privilege, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and judicial opinions interpreting such Rules. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 11/14/2014) (ab)

November 14, 2014

Filing 70 AGREED PRESERVATION ORDER NO. 4: General Motors LLC and Plaintiffs, through Lead Counsel, jointly submit this Order for approval and entry by the Court. This Order sets forth New GM's obligations for maintaining and preserving recalled parts covered by National Highway Traffic Safety Administration Recall Campaigns 14V-116 and 14V-446, as well as two other fields actions, New GM Bulletin No. 13434 (customer satisfaction), and New GM Bulletin No. 14096 (emissions). (SEE ORDER.) (Signed by Judge Jesse M. Furman on 11/13/2014) (ab)

November 14, 2014

Set/Reset Deadlines: Brief due by 11/25/2014. Responses to Brief due by 12/10/2014. (tn)

November 13, 2014

Filing 69 ORDER NO. 22 - Regarding the November 6, 2014 Status Conference: The Court, having held a Status Conference on November 6, 2014, and having given Lead Counsel for Plaintiffs ("Lead Counsel") and counsel for Defendants an opportunity to be heard on the agenda items set forth in the Court's November 3, 2014 Memo Endorsement (14-MD-2543, Docket No. 381), issues this Order to memorialize the actions taken and rulings made at the Status Conference. (SEE ORDER>) The Court will conduct additional status conferences on December 15, 2014; January 9,2015; February 11, 2015; March 13, 2015; and April 8, 2015. (The Court notes that the February conference date is different from the date of February 13, 2015 initially set by the Court at the November 6th conference.) Unless the Court indicates or orders otherwise, all Status Conferences will begin at 9:30 a.m. and will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (Signed by Judge Jesse M. Furman on 11/13/2014) (ab)

November 6, 2014

Filing 68 ORDER NO. 21: After conferring with Judge Tanksley following today's Status Conference, this Court and the Melton II Court agree to the parties' proposal to meet and confer to discuss the issues raised by the recent motions to compel in Melton II. Lead Counsel for Plaintiffs and counsel for New GM are directed to submit to both Courts, no later than 5 p.m. on Wednesday, November 12, a joint letter indicating whether, or to what extent, the issues raised by the motions to compel have been resolved and, to the extent they have not been fully resolved, proposing an expedited briefing schedule to address both the substantive merits of any remaining disputes and whether and how the two courts should coordinate rulings on those disputes. Counsel for GM is further ordered to serve a copy of this order on King & Spalding. (Signed by Judge Jesse M. Furman on 11/6/2014) (ab)

November 5, 2014

Filing 67 LETTER addressed to Judge Jesse M. Furman from Robert Hilliard, Steve Berman, Elizabeth Cabraser dated November 5, 2014 re: Chart of Personal Injury and Wrongful Death cases. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit Chart of Personal Injury and Wrongful Death cases)(Hilliard, Robert)

November 3, 2014

Filing 66 ORDER NO. 20 [Regarding the Phase One Discovery Plan]: that discovery in Phase One shall proceed as further set forth in this order. (Signed by Judge Jesse M. Furman on 11/3/2014) (tn)

November 3, 2014

Filing 65 MEMO ENDORSEMENT on re: (376 in 1:14-md-02543-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the November 6, 2014 status conference. In addition, counsel should confer, as appropriate, with respect to the following issues and/or questions and be prepared to address them at the conference (unless counsel believe and indicate at the conference that it would be more productive to address them at a later conference after counsel have had more time to confer): (1) the effect of the consolidated class action complaints on the underlying economic loss complaints --- namely, whether and to what extent the consolidated class action complaints should be treated as the operative pleadings superseding any prior individual complaints or as an "administrative summary." See generally In re Refrigerant Compressors Antitrust Litig., 731 F.3d 586 (6th Cir. 2013); (2) whether there are better (i.e., cheaper and more efficient) alternatives to holding bellwether trials, including but not limited to early neutral evaluation of individual cases and/or "summary" trials; (3) whether the Court should adopt some sort of process to audit and/or review plaintiffs' counsels' fee records on a regular basis, perhaps with the assistance of a certified public accountant; (4) the status of discussions regarding cost sharing by non-MDL counsel, including the appropriateness (and size) of assessments for cases that settle having used MDL resources; (5) whether and to what extent a distinction should be drawn between class certification discovery and merits discovery; (6) the timing of class certification motion practice and/or motion practice on choice-of-law issues; and (7) the status of the "Feinberg Protocol." In addition, the parties should be prepared for brief oral argument (5-10 minutes per side) on the motion to remand in People of the State of California v. General Motors LLC, 14-CV-7787 (JMF). The Clerk of Court is directed to docket this endorsed letter in 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 11/3/2014) (tn)

November 3, 2014

Filing 64 MEMO ENDORSEMENT on re: (375 in 1:14-md-02543-JMF) Letter, filed by General Motors LLC. ENDORSEMENT: To assist the Court in resolving the parties' dispute over which cases should be included in the pool from which cases are selected for bellwether trials, Lead Counsel and counsel for New GM are directed to confer and submit, no later than November 5, 2014, a chart with four columns labeled (1) NHTSA Recall Number; (2) Defect(s); (3) Type and Number of Vehicle(s); and (4) Number of Plaintiffs, and the relevant up-to-date data. (The data should be subdivided as appropriate -- e.g., the Court should be able to determine how many Plaintiffs there are per vehicle type and defect, even where a recall covered more than one vehicle and/or defect.) If the relevant data is available without unreasonable effort, the parties should include an additional column indicating the number of cases in each category for which the EDR and vehicle are no longer available versus the number of cases in each category for which the EDR and/or the vehicle are available. The Clerk of Court is directed to file this endorsed letter in both 14-MD-2543 and 14-MC-2543. (Signed by Judge Jesse M. Furman on 11/3/2014) (tn)

October 15, 2014

Filing 63 ORDER NO. 19 -- Regarding Telephonic Access to Court Conferences: The Court has arranged for the use of CourtCall, an independent conference call company, to enable counsel and any interested parties (including members of the press) to listen to future conferences in this multidistrict litigation. In order to use CourtCall to listen to a conference, a party must call CourtCall's reservation desk at (866) 582-6878 no later than 4:00 p.m. Eastern Time one business day prior to each conference date. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 10/15/2014) (ab)

October 15, 2014

Filing 62 CERTIFICATE OF SERVICE of Consolidated Complaint served on Defendants on 10-14-14. Document filed by GM Ignition Switch MDL Plaintiffs. (Cabraser, Elizabeth)

October 14, 2014

Filing 61 AMENDED COMPLAINT amending #60 Amended Complaint against GM Ignition Switch MDL Defendants with JURY DEMAND.Document filed by GM Ignition Switch MDL Plaintiffs. Related document: #60 Amended Complaint filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Supplement, #2 Supplement)(Cabraser, Elizabeth)

October 14, 2014

Filing 60 AMENDED COMPLAINT against GM Ignition Switch MDL Defendants.Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit 1 (Koppelman Venue Declaration), #2 Certificate of Service)(Berman, Steve)

October 14, 2014

Filing 59 AGREED PRESERVATION ORDER NO. 3: that this Order sets forth New GM's obligations for maintaining and preserving recalled parts covered by National Highway Traffic Safety Administration ("NHTSA") Recall Campaign 14V-151 (the "Relevant Recall Campaign"), as further set forth in this order. (Signed by Judge Jesse M. Furman on 10/14/2014) (tn)

October 14, 2014

Filing 58 ORDER re: 56 MOTION to Remand to State Court (This document relates to The People of the State of California v. General Motors LLC, Case No. 1:14-cv-07787) filed by GM Ignition Switch MDL Plaintiffs, 57 Memorandum of Law in Support of Motion, filed by GM Ignition Switch MDL Plaintiffs: Accordingly, Plaintiff is directed to file its motion to remand in 14-CV-7787. Additionally, the Clerk of Court is directed to strike Plaintiff's Motion to Remand to State Court and the accompanying Memorandum of Law (Docket Nos. 56 and 57) from 14-MC-2543. (Signed by Judge Jesse M. Furman on 10/14/2014) (tn) Modified on 10/14/2014 (tn).

October 9, 2014

***STRICKEN DOCUMENT. Deleted document number 57 from the case record. The document was stricken from this case pursuant to #58 Order. (tn)

October 9, 2014

***STRICKEN DOCUMENT. Deleted document number 56 from the case record. The document was stricken from this case pursuant to #58 Order. (tn)

October 7, 2014

Filing 55 MEMO ENDORSEMENT on (332 in case number 14md2543) Letter filed by General Motors LLC LETTER addressed to Judge Jesse M. Furman dated October 7, 2014 re: Discovery of Ongoing Safety Issues. ENDORSEMENT: The Court commends counsel for working together to resolve these issues. In light of the foregoing, which is hereby adopted as an Order of the Court, the Court reserves judgment on the legal issues addressed in the parties' earlier briefing. The parties should continue to confer and advise the Court if or when Court intervention is required on these matters. (Signed by Judge Jesse M. Furman on 10/7/2014) (ab)

October 7, 2014

Filing 54 ORDER NO 18 -- Regarding the October 2, 2014 Status Conference: The Court, having held a Status Conference on October 2, 2014, and having given Lead Counsel for Plaintiffs ("Lead Counsel") and counsel for Defendants an opportunity to be heard on issues addressed in the agenda items set forth in the Court's September 30, 2014 Memo Endorsement (14-MD-2543, Docket No. 325), issues this Order to memorialize the actions taken and rulings made at the Status Conference. (Signed by Judge Jesse M. Furman on 10/7/2014) (ab)

September 30, 2014

Filing 53 MEMO ENDORSEMENT on re: (320 in case number 14md2543) Letter. ENDORSEMENT: Counsel should be prepared to address, and/or update the Court with respect to, each of the issues discussed above at the October 2, 2014 status conference. In addition, counsel should be prepared to address: (1) Plaintiffs' request for discovery regarding ongoing safety issues, which is now fully briefed; and (2) whether there is a need for supplemental briefing with respect to the impact of Second Circuit law on the Motion to Remand filed by Plaintiff in California v. General Motors LLC, 14-CV-7787 (JMF), and, if so, an appropriate schedule for such briefing. (Signed by Judge Jesse M. Furman on 9/30/2014) (tn)

September 29, 2014

Filing 52 ORDER NO. 17 -- Vehicle Inspection Protocol: IT IS HEREBY ORDERED that this Vehicle Inspection Protocol ("Protocol") shall govern Defendants' inspection of any and all vehicles at issue in this litigation, as defined in the Consolidated Amended Class Action Complaint ("Complaint"), owned or leased by any named Plaintiff in this action as of the date of this Protocol (the "Subject Vehicles"). Notwithstanding the foregoing, nothing in this Order is intended to address, affect, or otherwise prohibit any authorized New GM dealership from performing any inspections and/or repairs in the ordinary course pursuant to an announced recall or any maintenance and/or repairs performed at the request of named Plaintiffs. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/29/2014) (ab)

September 29, 2014

Filing 51 JOINT LETTER addressed to Judge Jesse M. Furman from Elizabeth Cabraser, et al. dated September 29, 2014 re: October 2, 2014 Status Conference Agenda. Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs.(Cabraser, Elizabeth)

September 24, 2014

Filing 50 ORDER NO 16. -- Regarding Order No. 15, the Coordination Order: In Section V of Order No. 8 (14-MD-2543, Docket No. 249), and Section IX of Order No. 12 (14-MD-2543, Docket No. 296), the Court directed the parties to confer and submit letter briefs regarding what, if any, steps the Court should take, including any orders the Court should enter, to promote coordination with related actions in other courts. Thereafter, the parties submitted proposed orders and letters briefs for the Court's consideration. (14-MD-2543, Docket Nos. 299, 300, 302)...The parties are directed to confer with respect to the need, if any, to enter a separate order governing coordination in those cases, and should be prepared to discuss that question at the October 2, 2014 status conference. If the parties believe that a separate order should be entered beyond this Order, they should submit a proposed order (or orders) in accordance with the procedures set forth in Section VII of Order No. 8. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/24/2014) (ab)

September 24, 2014

Filing 49 ORDER NO. 15 -- Joint Coordination Order: IT IS ORDERED that the parties are to work together to coordinate discovery to the maximum extent feasible in order to avoid duplication of effort and to promote the efficient and speedy resolution of the MDL Proceeding and the Coordinated Actions and, to that end, the procedures set forth within for discovery and pretrial proceedings shall be adopted. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/24/2014) (ab)

September 19, 2014

Filing 48 ORDER NO. 14 - Regarding Discovery and New GM's Proposed Gatekeeping Order: For the reasons set forth within, New GM's request is DENIED without prejudice to renewal after (1) the Court adopts a coordination order; and (2) New GM confers with Lead Counsel and Mr. Cooper. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/19/2014) (ab)

September 16, 2014

Filing 47 ORDER NO. 13 - Organization of Plaintiffs' Counsel, Protocols for Common Benefit Work and Expenses: The Court believes that it is prudent to define the authority, duties, and responsibilities of Lead Counsel, Plaintiff Liaison Counsel, Federal/State Liaison Counsel, and members of the Plaintiffs' Executive Committee. The Court also wishes to set specific guidelines and rules for staffing, fees, expenses, and billing records. Nothing in this Order shall be interpreted to affect any proceedings other than those involving the authorities, duties, responsibilities, guidelines, and rules of and for plaintiffs counsel, as discussed herein. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 9/16/2014) (ab)

September 10, 2014

Filing 46 ORDER NO. 12 [Regarding the September 4, 2014 Status Conference]: By October 2, 2014, General Motors LLC and Delphi Automotive Systems, LLC shall produce copies of the relevant, non-privileged (including non-work product) documents as further set forth in this order. If either New GM and/or Delphi cannot complete the production as required above, they may seek an extension for good cause shown by filing a letter motion on ECF (not to exceed five single-spaced pages) by September 25, 2014. By Friday, September 12, 2014, at 12:00 p.m. EDT, Lead Counsel and counsel for New GM (in consultation with the other Defendants) shall submit letter briefs to the Court (not to exceed seven single-spaced pages) regarding what, if any, steps the Court should take, including any orders the Court should enter, with respect to the lawyers in the Melton case or any other related litigation and any further arguments regarding the parties' proposed coordination orders. Counsel for Defendants shall review Lead Counsel's Proposed Order Specifying Leadership Counsel Roles and Detailed Staffing, Fees, and Expense Guidelines and meet and confer with Lead Counsel regarding any issues. The parties will submit an agreed-upon Proposed Order no later than Friday, September 12, 2014, at 12:00 p.m. EDT. The Court hereby orders that Defendants should raise any issues with Lead Counsel's proposed order by Friday, September 12, 2014. The Court requests the parties to consider whether it makes sense to add common benefit work guidelines for related litigation. The Court will conduct additional Status Conferences on the following dates: October 2, 2014; November 6, 2014; December 15, 2014; January 9, 2015. The Court will schedule Status Conferences at least once every two months or so thereafter and additional Status Conferences as needed. Unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m., and will be held in Courtroom 1105 of Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Counsel shall advise the Court if a larger courtroom is necessary. Unless the Court orders otherwise, Lead and/or Liaison should set up a conference call number before each conference according to the guidelines set forth in Order Number 9 (14-MD-2543, Docket No. 266). (Signed by Judge Jesse M. Furman on 9/10/2014) (tn)

September 10, 2014

Filing 45 ORDER NO. 11 [Regarding Production of Documents and Electronic Data]: that Defendants and Lead Counsel for the Plaintiffs have met and conferred on the procedures and format relating to the production of documents and things, and having agreed on a format for all such productions as further set forth in this order. (Signed by Judge Jesse M. Furman on 9/10/2014) (tn)

September 10, 2014

Filing 44 ORDER NO. 10 [Protecting Confidentiality and Privileged Materials]...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jesse M. Furman on 9/10/2014) (tn)

September 10, 2014

Set/Reset Hearings: Status Conference set for 10/2/2014 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 11/6/2014 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 12/15/2014 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Status Conference set for 1/9/2015 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (tn)

September 3, 2014

Filing 43 MEMO ENDORSEMENT on #40 Letter filed by General Motors LLC dated 8/29/2014 re: Parties' Proposed Agenda for September 4, 2014 Status Conference: The Court thanks counsel for this letter and their other helpful submissions pursuant to Order No. 8. Additionally, the Court commends counsel for working together to resolve and/or narrow issues and disputes to the extent possible. The Court will follow this proposed agenda at the conference to be held tomorrow. To the extent that counsel are conferring with respect to the language of a proposed order, but have not submitted a proposed order by the time of the conference (see, e.g., Sections 2, 8, and 10 of this letter), counsel should be prepared to update the Court on the anticipated timing of the proposed order and on any disagreements among the parties. In addition, counsel should confer about, and be prepared to discuss with the Court, a proposed expedited briefing schedule with respect to the items discussed in Sections 4 and 5 of this letter and the need for further briefing with respect to the item discussed in Section 11. Finally, the Court is inclined to agree that the Sesay Amended Class Action Complaint (see Section 13) should be stricken, but will give Mr. Peller an opportunity to be heard on that issue at the conference. (If Mr. Peller does not attend the conference, he may file a letter brief on the issue not to exceed 4 pages no later than September 8, 2014.) (Signed by Judge Jesse M. Furman on 9/3/2014) (ab)

September 3, 2014

Filing 42 AGREED ORDER REGARDING THE PRESERVATION OF PARTS GOVERNED BY NHTSA RECALL CAMPAIGNS 14V-118, 14V-153, 14V-224, AND 14V-266 in case 2:14-cv-02458-JMF: granting #38 Motion to Approve; granting (269) Motion to Approve in case 1:14-md-02543-JMF. 16. For good cause shown, the Court enters this Order with respect to New GM's obligations to preserve parts covered by the Relevant Recall Campaigns. This Order supersedes Order No. 1, entered on June 25, 2014, with respect to any potential obligation that New GM might have regarding preserving parts covered by the Relevant Recall Campaigns and as further set forth herein. The Clerk of Court is directed to terminate Docket No. 269 in 14-MD-2543 and Docket No. 38in 14-MC-2543. (Signed by Judge Jesse M. Furman on 9/2/2014)(djc) (djc). Modified on 9/3/2014 (djc).

August 29, 2014

Filing 41 JOINT LETTER addressed to Judge Jesse M. Furman from Richard C. Godfrey, P.C. and Andrew B. Bloomer, P.C. dated 8/29/2014 re: Parties' Proposals For Coordination With Other Actions. Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit A - New GM's Proposed Coordination Order, #2 Exhibit B - Grey Market Coordination Order, #3 Exhibit C - Lead Counsel's Proposed Coordination Order, #4 Exhibit D - Redline Comparison of Proposed Coordination Orders, #5 Exhibit E - Vioxx Coordination Order, #6 Exhibit F - Texas MDL Order, #7 Exhibit G - Actos Coordination Order)(Bloomer, Andrew)

August 29, 2014

Filing 40 LETTER addressed to Judge Jesse M. Furman from Richard C. Godfrey, P.C. and Andrew B. Bloomer, P.C. dated 8/29/2014 re: Parties' Proposed Agenda for September 4, 2014 Status Conference. Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs.(Bloomer, Andrew)

August 29, 2014

Filing 39 NOTICE of Joint Motion to Approve Entry of an Agreed Order Regarding the Preservation of Parts Governed by NHTSA Recall Campaigns 14V-118, 14V-153, 14V-224, AND 14V-266 re: #38 JOINT MOTION to Approve Entry of an Agreed Order Regarding the Preservation of Parts Governed by NHTSA Recall Campaigns 14V-118, 14V-153, 14V-224, AND 14V-266 .. Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs. (Bloomer, Andrew)

August 29, 2014

Filing 38 JOINT MOTION to Approve Entry of an Agreed Order Regarding the Preservation of Parts Governed by NHTSA Recall Campaigns 14V-118, 14V-153, 14V-224, AND 14V-266 . Document filed by GM Ignition Switch MDL Defendants, GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Text of Proposed Order)(Bloomer, Andrew)

August 28, 2014

Filing 37 ORDER NO. 9: The Court agrees with Lead Counsel that, in the interest of minimizing costs, "only those lawyers involved" in a particular "hearing/status conference" should be required to attend that hearing or conference in this multi-district litigation. (14-MD-2543, Docket No. 258). To that end, the Court will accommodate the request to set up a means by which counsel (and members of the press) can listen to (but not participate in) in hearings and conferences. For the September 4, 2014 conference, the Court directs Lead and/or Liaison Counsel to set up a conference call number and to provide the information needed to access the call both to the Court and to any counsel or member of the press who requests it. If possible, Lead and/or Liaison Counsel shall arrange it so that all participants in the call, other than the Court, are "muted" (that is, so that they can listen to, but not participate in, the call). If such technology is not an option, anyone who calls into the conference call shall manually mute his or her call. In light of the foregoing, the September 4, 2014 conference and any future conferences, unless otherwise indicated will take place in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Signed by Judge Jesse M. Furman on 8/28/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)

August 15, 2014

Filing 36 ORDER NO 8: SEE ORDER -- Pursuant to the leadership structure approved and described by the Court in Order No. 5, the Court makes the following appointments: Co-Lead Counsel: Steve W. Berman, Elizabeth J. Cabraser, and Robert C. Hilliard. Executive Committee: David Boies, Lance A. Cooper, Melanie L. Cyganowski, Adam J. Levitt, Dianne M. Nast, Peter Prieto, Frank M. Pitre, Joseph F. Rice, Mark P. Robinson, Jr., and Marc M. Seltzer. Plaintiff Liaison Counsel: Robin L. Greenwald. Federal/State Liaison Counsel: Dawn M. Barrios. -- The Court will conduct the next Status Conference on September 4, 2014, at 9:30 a.m., in Courtroom 310 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The Court will conduct additional Status Conferences on the following dates: October 2, 2014; November 6, 2014; and January 9, 2015. The Court will schedule Status Conferences once every two months or so thereafter and additional Status Conferences as needed. Unless the Court orders or indicates otherwise, all Status Conferences will begin at 9:30 a.m., and will be held in Courtroom 1105 of Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (As noted, the September 4, 2014 Conference will be in Courtroom 310.) The Clerk of Court is directed to terminate Docket Nos. 108, 112, 116, 121-22, 125, 132, 134-36, 138-39, 141-45, 147, and 149-78 in 14-MD-2543, and any associated entries in member cases. (Signed by Judge Jesse M. Furman on 8/15/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)

August 11, 2014

Filing 35 AGREED ORDER REGARDING THE PRESERVATION OF IGNITION SWITCH PARTS GOVERNED BY NHTSA RECALL CAMPAIGN 14v-047000 granting #33 Motion to Approve. General Motors LLC ("New GM") and Plaintiffs, through Temporary Lead Counsel, jointly submit this Agreed Preservation Order for approval and entry by the Court. This Preservation Order sets forth New GM's obligations for maintaining and preserving recalled ignition switch parts covered by National Highway Traffic Safety Administration ("NHTSA") Recall Campaign 14v-047000. NHTSA Recall Campaign 14v-047000 concerns the safety recall of ignition switch parts from the following make, model, and model year vehicles; as set forth herein. For good cause shown, the Court orders the following with respect to New GM's obligations to preserve ignition switch parts covered by NHTSA Recall Campaign 14v-047000. This Order supersedes Order No. 1 with respect to New GM's obligations to preserve ignition switch parts covered by NHTSA Recall Campaign 14v-047000. New GM shall undertake reasonable efforts to assist any named plaintiff in a case that has been transferred to MDL 2543 (or pending in another venue) with preserving ignition switch parts switch parts covered by NHTSA Recall Campaign 14v-047000 that may be relevant to the plaintiff's claims. To allow New GM to do so, before a recall repair is performed, a named plaintiff (or his or her counsel) must provide both the dealership replacing the ignition switch parts and New GM with reasonable, advance notice that the plaintiff wishes to have parts preserved for purposes of litigation. New GM will then use reasonable efforts to arrange for the dealership making the repair to return the ignition switch parts to New GM for storage and preservation; as further set forth herein. The Clerk of Court is directed to terminate Docket No. 236 in 14-MD-2543 and all associated entries in member cases. (Signed by Judge Jesse M. Furman on 8/11/2014) (mro)

August 10, 2014

Filing 34 NOTICE of Filing re: #33 JOINT MOTION to Approve Entry of an Agreed Order Regarding the Preservation of Ignition Switch Parts Governed by NHTSA Recall Campaign 14v-047000 .. Document filed by GM Ignition Switch MDL Defendants. (Bloomer, Andrew)

August 10, 2014

Filing 33 JOINT MOTION to Approve Entry of an Agreed Order Regarding the Preservation of Ignition Switch Parts Governed by NHTSA Recall Campaign 14v-047000 . Document filed by GM Ignition Switch MDL Defendants. (Attachments: #1 Text of Proposed Order)(Bloomer, Andrew)

August 7, 2014

Filing 32 ORDER NO. 7: The Court thanks counsel for their helpful status letters (14-MD-2543, Docket Nos. 72-73) and joint letter regarding the agenda for the conference to be held on August 11, 2014 (14-MD-2543, Docket No. 114), which were submitted in response to Order No. 1 (14-MD-2543, Docket No. 19). Having reviewed those letters, and other submissions in the multidistrict litigation ("MDL") and member cases, the Court issues this Order (1) to share its preliminary views on some of the matters discussed in the parties' letters; and (2) to assist the parties in preparing for the August 11, 2014 conference. (SEE ORDER.) As noted in Order No. 1, the Initial Conference will be held on August 11, 2014, at 11 a.m., in Courtroom 110 at the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (Please note that this is not Judge Furmans regular courtroom.) (Signed by Judge Jesse M. Furman on 8/7/2014) (ab)

August 7, 2014

Filing 31 ORDER No. 6: In Order No. 5, the Court set out procedures for counsel to apply for various leadership positions including Plaintiffs' Lead Counsel in the multidistrict litigation (MDL) by July 28, 2014. (14-MD-2543, Docket No. 70). The Court hereby grants leave to any counsel who was not part of the MDL as of that date, and whose case or cases were added to the MDL since that date, to file an application. Counsel shall file any such application, pursuant to the guidance and procedures set forth in Section II of Order No. 5, no later than August 8, 2014, at 5 p.m. (Signed by Judge Jesse M. Furman on 8/7/2014) (ab)

July 28, 2014

Filing 30 LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated 07/28/2014 re: Initial Conference Agenda. Document filed by GM Ignition Switch MDL Defendants.(Bloomer, Andrew)

July 22, 2014

Filing 29 LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser and Mark P. Robinson dated July 21, 2014 re: Status Letter responding to categories of information requested in Order No. 1. Document filed by Michael Amezquita. (ab)

July 21, 2014

Filing 28 LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated 07/21/2014 re: Status Letter responding to categories of information requested in Order No. 1. Document filed by GM Ignition Switch MDL Defendants. (Attachments: #1 Exhibit A - MDL Cases, #2 Exhibit B - Related Cases, #3 Exhibit C - Corporate Disclosures & Associated Counsel)(Bloomer, Andrew)

July 18, 2014

Filing 27 ORDER No. 5: The Court issues this Order to adopt a structure for Plaintiffs Lead and Liaison Counsel, to establish a procedure for selecting counsel for that structure, and to mandate record-keeping requirements for any attorney who may seek an award of attorneys fees and reimbursement of costs in a class action. The Court thanks Temporary Lead Counsel for their efforts to confer with all plaintiffs counsel and to formulate a near-consensus proposal, and thanks all counsel who submitted letters on the issues for their thoughtful submissions, and as further set forth in this document. (Signed by Judge Jesse M. Furman on 7/18/2014) (cd)

July 18, 2014

**** Documents Numbers 2, 21-25 were deleted per chambers instructions.**** (sjo) Modified on 7/22/2014 (sjo).

July 14, 2014

Filing 26 LETTER addressed to Judge Jesse M. Furman from Richard C. Godfrey, P.C. and Andrew B. Bloomer, P.C. dated 07/14/2014 re: Lead and Liaison Counsel. Document filed by GM Ignition Switch MDL Defendants. (Attachments: #1 Exhibit A - 5/16/14 Sched Order, #2 Exhibit B - 7/11/14 Suppl Sched Order)(Bloomer, Andrew)

July 10, 2014

Filing 20 LETTER addressed to Judge Jesse M. Furman from Mark P. Robinson, Jr., Elizabeth J. Cabraser, and Steve W. Berman dated July 10, 2014 re: Order No. 3. Document filed by GM Ignition Switch MDL Plaintiffs. (Attachments: #1 Exhibit [Proposed] Order)(Robinson, Mark)

July 10, 2014

Filing 19 LETTER addressed to Judge Jesse M. Furman from Alexander H. Schmidt dated July 10, 2014 re: Case Order No. 3. Document filed by Steven Groman.Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-mc-02543-JMF(Brown, Malcolm)

July 10, 2014

Filing 18 ORDER NO. 4: As explained in Section VI of the Court's June 24, 2014 Order No. 1, and again in the Court's July 3, 2014 Order No. 2, pro hac vice motions should be filed in 14-MD-2543 (and "spread" to all cases for which the attorney represents an individual plaintiff), and should not be filed in the master case file, 14-MC-2543. Any improperly filed applications will be stricken. Accordingly, the Clerk of Court is directed to strike Gregory Wiggins's Amended Motion for Admission Pro Hac Vice, Docket No. 14, from 14-MC-2534. (Signed by Judge Jesse M. Furman on 7/10/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. ***Docketed in all member/related cases pursuant to instructions from Chambers. (mro)

July 10, 2014

Filing 17 LETTER addressed to Judge Jesse M. Furman from Gregory O. Wiggins dated July 10, 2014 re: Court Order of July 8, 2014. Document filed by Diann Ashworth.Filed In Associated Cases: 1:14-md-02543-JMF et al.(Wiggins, Gregory)

July 9, 2014

***DELETED DOCUMENT. Deleted document number 16 LETTER. The document was incorrectly filed in this case. (mt)

July 9, 2014

Filing 15 RESPONSE re: (31 in 1:14-md-02543-JMF) Letter,,,,,,,,,,,,, . Document filed by Jomaka Coleman. Filed In Associated Cases: 1:14-md-02543-JMF et al.(Becnel, Daniel)

July 8, 2014

***STRICKEN DOCUMENT. Deleted document number 14 from the case record. The document was stricken from this case pursuant to #18 Order,,,. ***Pursuant to instructions from Chambers, the entry has been deleted in its entirety. (mro)

July 8, 2014

Filing 13 LETTER addressed to Judge Jesse M. Furman from Aaron S. Podhurst, Esq., Peter Prieto, Esq., Harley S. Tropin, Esq., and Adam M. Moskowitz, Esq. dated July 8, 2014 re: The Methodology of Appointing the Leadership Structure in 14-MD-2543. Document filed by Reynaldo A. Espineira, Maria Elena Santiago. (Attachments: #1 Exhibit 1) (ab) *Filed as per Doc. #33 in 1:14-md-02543-JMF.

July 8, 2014

Filing 12 ORDER NO 3: SEE ORDER -- In Order No. 1, the Court appointed Temporary Lead Counsel and directed them to confer with other Plaintiffs counsel and file a letter, no later than July 7, 2014, concerning the appointment of lead and liaison counsel, among other matters. Although Order No. 1 did not call for (or even explicitly allow) letters from other Plaintiff's lawyers, the Court has received two such letters: one from plaintiff's counsel in Yingling v. General Motors, L.L.C., 3:14-CV-00116 (W.D. Pa.), which is attached to this Order; and another, representing a group of Plaintiffs law firms, that was filed earlier today. (14-MD-2543, Docket No. 32). To ensure that any and all counsel have an opportunity to be heard on these important issues, leave is hereby granted to a ny other Plaintiffs lawyer who wishes to be heard to file a letter in response to the July 7, 2014 letter from Temporary Lead Counsel. To avoid any delays given the schedule set forth in Order No. 1, any such letter must be filed in both 14-MD-2543 and 14-MC-2543 no later than July 10, 2014, at 2 p.m. and may not exceed three pages in length. Further, Temporary Lead Counsel are granted leave to submit a supplemental letter responding to the two letters that have already been submitted and any additional letters that are filed by that deadline. That letter must be filed in both 14-MD-2543 and 14-MC-2543 no later than July 11, 2014, and may not exceed three pages in length. By the same date, Temporary Lead Counsel shall submit a proposed order consistent with the proposal set forth in 07/08/2014 their July 7, 2014 letter (as modified by any new proposal that may be set forth in their supplemental letter) regarding the appointment of lead counsel, liaison counsel, and a plaintiffs' executive committee. Defendants are reminded that, if they wish to be heard on these matters (including, but not limited to, the language of any proposed order submitted by Temporary Lead Counsel), they are to file a joint letter in both 14-MD-2543 and 14-MC-2543 no later than July 14, 2014, and not to exceed five pages in length. See Order No. 1, Section IX.B. (Signed by Judge Jesse M. Furman on 7/8/2014) (Attachments: #1 Exhibit A) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)

July 7, 2014

Filing 11 LETTER addressed to Judge Jesse M. Furman from Steve W. Berman, Elizabeth J. Cabraser, and Mark P. Robinson, Jr. dated July 7, 2014 re: In Re: General Motors LLC Ignition Switch Litigation 14-MD-2543 (JMF); 14-MC-2543. Document filed by GM Ignition Switch MDL Plaintiffs.(Cabraser, Elizabeth)

July 7, 2014

Filing 10 LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated 07/07/2014 re: Direct Filing of Cases. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-mc-02543-JMF(Bloomer, Andrew)

July 3, 2014

Filing 9 ORDER NO. 2: This Order relates to the procedures that should be followed by attorneys who wish to be admitted pro hac vice in the Southern District of New York for cases that are part of the above-captioned multidistrict litigation ("MDL"). As Section V of this Court's June 24, 2014 Order No. 1 (Docket No. 19) explained, in accord with Rule 2.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, all counsel appearing in any of the actions listed in Schedule A prior to their transfer to this district need not enter a notice of appearance or submit a pro hac vice application to practice before this Court, and need not obtain local counsel. All counsel who did not appear in a related action prior to the Transfer Orders, however, must enter a notice of appearance on 14-MD-2543 and, if necessary, apply for pro hac vice status. An attorney need file only one pro hac vice motion, even if he or she is the attorney of record for several individual plaintiffs. The pro hac vice motion should be filed in the MDL (14-MD-2543), and "spread" to all cases for which the attorney represents an individual plaintiff. (As explained in Section VI of the Court's June 24, 2014 Order No. 1, pro hac vice motions should not be filed in the master case file, 14-MC-2543. Any improperly filed applications will be stricken.) The attorney shall be required to pay the pro hac vice fee only one time. If an attorney is in need of assistance, please call the Help Desk at 212-805-0800. (Signed by Judge Jesse M. Furman on 7/3/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro)

July 2, 2014

Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gregory O'Dell Wiggins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9848707. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diann Ashworth.Filed In Associated Cases: 1:14-md-02543-JMF et al.(Wiggins, Gregory) Modified on 7/2/2014 (wb).

July 2, 2014

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. (12 in 1:14-cv-04672-JMF, 13 in 1:14-cv-04859-JMF, 24 in 1:14-cv-04715-JMF, 26 in 1:14-cv-04270-JMF, 25 in 1:14-cv-04701-JMF, 8 in 1:14-cv-04857-JMF, 39 in 1:14-cv-04756-JMF, 20 in 1:14-cv-04732-JMF, 21 in 1:14-cv-04348-JMF, 24 in 1:14-md-02543-JMF, 9 in 1:14-cv-04686-JMF, 56 in 1:14-cv-04272-JMF, 22 in 1:14-cv-04702-JMF, 17 in 1:14-cv-04799-JMF, 8 in 1:14-mc-02543-JMF, 16 in 1:14-cv-04685-JMF, 21 in 1:14-cv-04741-JMF, 11 in 1:14-cv-04810-JMF, 11 in 1:14-cv-04684-JMF, 21 in 1:14-cv-04350-JMF, 26 in 1:14-cv-04265-JMF, 74 in 1:14-cv-04342-JMF, 23 in 1:14-cv-04707-JMF, 16 in 1:14-cv-04798-JMF, 17 in 1:14-cv-04771-JMF, 25 in 1:14-cv-04717-JMF, 17 in 1:14-cv-04632-JMF, 22 in 1:14-cv-04690-JMF, 21 in 1:14-cv-04338-JMF, 10 in 1:14-cv-04784-JMF, 10 in 1:14-cv-03298-JMF, 22 in 1:14-cv-04752-JMF, 25 in 1:14-cv-04630-JMF, 19 in 1:14-cv-04650-JMF, 21 in 1:14-cv-04754-JMF, 11 in 1:14-cv-04667-JMF, 14 in 2:14-cv-02713-JMF, 14 in 1:14-cv-04340-JMF, 7 in 1:14-cv-04801-JMF, 35 in 1:14-cv-04699-JMF, 13 in 1:14-cv-04768-JMF, 63 in 1:14-cv-04267-JMF, 15 in 1:14-cv-04731-JMF, 20 in 1:14-cv-04704-JMF, 7 in 1:14-cv-04760-JMF, 24 in 1:14-cv-04691-JMF, 12 in 1:14-cv-03326-JMF, 21 in 1:14-cv-04755-JMF, 29 in 1:14-cv-04346-JMF, 42 in 1:14-cv-04226-JMF, 9 in 1:14-cv-04778-JMF, 8 in 1:14-cv-04781-JMF, 12 in 1:14-cv-04661-JMF, 16 in 1:14-cv-04676-JMF, 9 in 1:14-cv-04858-JMF, 7 in 1:14-cv-04759-JMF, 11 in 1:14-cv-04637-JMF, 12 in 1:14-cv-04764-JMF, 30 in 1:14-cv-04775-JMF, 49 in 1:14-cv-04268-JMF, 49 in 1:14-cv-04339-JMF, 17 in 1:14-cv-04720-JMF, 31 in 1:14-cv-04727-JMF, 23 in 1:14-cv-04345-JMF, 20 in 1:14-cv-04738-JMF, 14 in 2:14-cv-02458-JMF) MOTION for Gregory O'Dell Wiggins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9848707. Motion and supporting papers to be reviewed by Clerk's Office staff., (5 in 1:14-cv-02714-JMF) MOTION for Robin L. Greenwald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9638071. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing must be issued from the Supreme Court of Alabama with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. Filed In Associated Cases: 1:14-md-02543-JMF et al.(wb)

June 30, 2014

Filing 7 CERTIFICATE OF SERVICE of Order No. 1 served on Additional Parties on 06/30/2014. Document filed by General Motors LLC. Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-mc-02543-JMF(Bloomer, Andrew)

June 30, 2014

Filing 6 NOTICE OF APPEARANCE by Michael Dennis Donovan on behalf of Austin DePalma. Filed In Associated Cases: 1:14-md-02543-JMF et al.(Donovan, Michael)

June 30, 2014

Filing 5 NOTICE OF APPEARANCE by Michael Dennis Donovan on behalf of GM Ignition Switch MDL Plaintiffs. (Donovan, Michael)

June 27, 2014

Filing 4 CERTIFICATE OF SERVICE of Order No. 1 served on All Parties on 06/27/2014. Document filed by General Motors LLC. Filed In Associated Cases: 1:14-md-02543-JMF, 1:14-mc-02543-JMF(Bloomer, Andrew)

June 26, 2014

CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (sjo)

June 24, 2014

Filing 3 ORDER NO. 1: The provisions of this Order shall govern the practice and procedure in those actions: (1) transferred to this Court by the JPML pursuant to its June 9, 2014 Order; (2) all related actions involving General Motors LLP ("General Motors") and concerning actions for economic damages stemming from an alleged defect relating to the ignition switch in certain General Motors vehicles that are filed in the Southern District of New York and have previously been or will be transferred to MDL-2543; and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will send a copy of this Order to counsel for any plaintiffs or newly named defendants in any case newly filed or transferred to this Court. The civil actions listed on Schedule A are consolidated for pretrial purposes. Any "tag-along" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure. Defense counsel shall confer and advise the Court, no later than July 7, 2014, by joint letter, not to exceed three pages, whether they will stipulate that they will not object, based on improper venue, to the filing directly in the Southern District of New York of related cases that emanate from other districts and that would appropriately be included in this MDL, on the understanding that upon completion of all pretrial proceedings applicable to a case directly filed in this Court pursuant to this provision, this Court, pursuant to 28 U.S.C. 1404(a), will transfer that case to a federal district court of proper venue, as defined in 28 U.S.C. 1391, after considering the recommendations of the parties to that case. All orders, pleadings, motions, and other documents served or filed in 14-MD-2543 shall bear the caption listed herein. All papers filed in any of these cases shall be docketed on the MDL docket and on the docket of each individual case to which it pertains. In the Court's view, a master case file limited to filings of significance to the MDL as awhole or a substantial number of member cases would be advantageous. Accordingly, the Clerk of Court is directed to open a master case file bearing docket number 14-MC-2543. Any filing fees associated with opening the master case file docket are waived. The caption shall read "In re: General Motors LLC Ignition Switch Litigation." For administrative purposes only, in 14-MC-2543, Plaintiffs shall be listed as "GM Ignition Switch MDL Plaintiffs," and Defendants shall be listed as "GM Ignition Switch MDL Defendants." There will be no appearances entered unless and until the Court orders otherwise; set set forth herein. The Clerk of Court is directed to transfer Docket No. 1 (Transfer Order) from 14-MD-2543 to 14-MC-2543, to be followed by this Order (Order No. 1). This Order shall also be docketed in 14-MD-2543, and all matters consolidated therewith. This Order and all subsequent entries docketed in 14-MC-2543 are to be docketed simultaneously in 14-MD-2543. The Court will conduct an Initial Conference on August 11, 2014, at 11 a.m., in Courtroom 110 at the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Please note that this is not Judge Furman's regular courtroom.) Counsel shall check in with the Courtroom Deputy at least fifteen minutes in advance; as further set forth herein. As of today's date, all actions listed on Schedule A have not yet been transferred to this Court. Accordingly, it is hereby ORDERED that, no later than June 30, 2014, counsel for General Motors LLC shall serve this Order electronically on counsel for all parties in all such actions and file proof of such service forthwith. Counsel for General Motors is ORDERED to promptly advise the Court by letter of any ruling by the Bankruptcy Court that may affect the MDL. ( Initial Conference set for 8/11/2014 at 11:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/24/2014) Filed In Associated Cases: 1:14-md-02543-JMF et al. ***Pursuant to instructions from Chambers. (Signed by Judge Jesse M. Furman on 6/24/2014) (sjo) (sjo).

June 9, 2014

Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, Illinois, Michigan, Pennsylvania and Texas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jesse M. Furman, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A (Signed by MDL Panel on 6/9/2014) (sjo)

Search for this case: In re: General Motors LLC Ignition Switch Litigation
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Plaintiff: Frances Ann Fagans
Represented By:	Steve W. Berman
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Plaintiff: Madelaine Koppelman
Represented By:	Steve W. Berman
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Plaintiff: David Young
Represented By:	Steve W. Berman
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Plaintiff: Wayne Wittenberg
Represented By:	Steve W. Berman
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Plaintiff: Shenyesa Henry
Represented By:	Steve W. Berman
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Plaintiff: Paul Pollastro
Represented By:	Steve W. Berman
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Plaintiff: GM Ignition Switch MDL Plaintiffs
Represented By:	Elizabeth J. Cabraser
Represented By:	Robert Hilliard
Represented By:	Steve W. Berman
Represented By:	Andrew Preston Strehle
Represented By:	Daniel Fayne Dotson
Represented By:	Eric G Jensen
Represented By:	Mark Parker Robinson
Represented By:	William R. Baldiga
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Plaintiff: Joseph Sylvester
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Plaintiff: Nathaniel Fagans
Represented By:	Steve W. Berman
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Plaintiff: Roseann Hinds
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Plaintiff: Dawn Fuller
Represented By:	Steve W. Berman
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Plaintiff: Paul Jenks
Represented By:	Steve W. Berman
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Plaintiff: Brittany Vining
Represented By:	Steve W. Berman
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Plaintiff: Reynaldo Spellman
Represented By:	Steve W. Berman
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Plaintiff: Kellie Cereceres
Represented By:	Steve W. Berman
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Plaintiff: Jerrod Pinkett
Represented By:	Steve W. Berman
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Plaintiff: Thomas Linder
Represented By:	Steve W. Berman
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Defendant: Delphi Automotive PLC
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Defendant: DPH - DAS LLC
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Defendant: GM Ignition Switch MDL Defendants
Represented By:	Andrew Baker Bloomer
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Defendant: General Motors LLC
Represented By:	Andrew Baker Bloomer
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Defendant: Takata Corporation
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Defendant: TK Holdings, Inc.
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Defendant: Takata Seat Belts, Inc.
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Alternative dispute resolution (adr) provider: Furukawa Electric Co., Ltd.
Represented By:	Marcus W. Lee
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Alternative dispute resolution (adr) provider: Celestine Elliott
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Interested party: Goodwin Procter LLP
Represented By:	William P Weintraub
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