Garcia v. General Motors LLC
Plaintiff: Sylvia Garcia
Defendant: General Motors L.L.C.
Case Number: 1:2017cv05970
Filed: August 8, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Jesse M. Furman
Nature of Suit: Personal Injury- Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
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Date Filed Document Text
January 25, 2021 Opinion or Order Filing 156 ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Plaintiffs Sylvia Garcia and Alexander Garza and Defendant General Motors LLC ("New GM") have stipulated to dismiss this lawsuit with prejudice with each party bearing their own fees and costs. P ursuant to its authority under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this Court, having considered the Parties' request and provided them with an opportunity to be heard, hereby ORDERS THAT: a. The instant action, Garcia v. General Mo tors, LLC, No. 1:17-cv-05970 is dismissed with prejudice. b. In the event either Plaintiffs or New GM seek to enforce the terms of their confidential, private settlement agreement, or to litigate regarding the effect or operation of any aspect of the agreement, this Court accepts jurisdiction to address any such dispute. Defendant shall promptly serve a copy of this order on Plaintiffs Garcia and Garza. (Sylvia Garcia terminated.) (Signed by Judge Jesse M. Furman on 1/25/2021) Filed In Associated Cases: 1:14-md-02543-JMF, 1:17-cv-05970-JMF (jwh)
August 17, 2020 Opinion or Order Filing 137 ORDER denying without prejudice (8062) Motion to Dismiss in case 1:14-md-02543-JMF; denying without prejudice (126) Motion to Dismiss in case 1:17-cv-05970-JMF-JLC. In keeping with Judge Cott's instruction to consolidate motion practice as t o discovery deficiencies for both Ms. Garcia in her individual capacity, and her son, A.G., see ECF Nos. 8089, 8108-2, the Motion is DENIED without prejudice. Per Judge Cott's order, Ms. Garcia "has until September 4, 2020 to provide eit her the missing information identified on the record to New GM, or alternatively to seek further relief from the Court, including requesting another conference." ECF No. 8089. If A.G. fails to provide either the medical records identified on the record at the August 6, 2020 hearing before Judge Cott, see ECF No. 8108-2, or an amended PFS by that date, New GM may renew the Motion. In light of New GM's success in reaching Ms. Garcia via telephone on August 13, 2020, see ECF No. 810 1, at 2-3, New GM is further ORDERED, to the extent possible, to confer via telephone with Ms. Garcia prior to September 4, 2020, to address the remaining discovery deficiencies pertaining to both Ms. Garcia, and her son, A.G. The Clerk of Court i s directed to terminate 14-MD-2543, ECF No. 8062 and 17-CV-5970, ECF No. 126. New GM is directed to serve a copy of this Order on Ms. Garcia and to file proof of such service within two days. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/17/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:17-cv-05970-JMF-JLC (yv)
August 6, 2020 Opinion or Order Filing 130 ORDER: The Court held a telephonic conference today, which pro se plaintiff Garcia failed to attend. During the conference, New GM identified the purported deficiencies in plaintiff and her son's discovery production in this case. As dis cussed, New GM is directed to obtain a copy of the transcript of today's conference and to serve it and this Order on plaintiff. Plaintiff has until September 4, 2020 to provide either the missing information identified on the record to New GM, or alternatively to seek further relief from the Court, including requesting another conference. In the event plaintiff fails to do so, New GM may move (or renew its prior motion) to dismiss this case. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 8/6/2020) Filed In Associated Cases: 1:14-md-02543-JMF, 1:17-cv-05970-JMF-JLC (va)
June 18, 2020 Opinion or Order Filing 115 ORDER, The Court construes Plaintiff's motion also as a motion to vacate its order of dismissal with prejudice. Seel 7-CV-5970, ECF No. 112. New GM shall file any opposition to Plaintiff's motion no later than June 26, 2020. Plaintiff s hall file any reply no later than July 10, 2020. New GM is directed to serve this Order on Plaintiff and to file proof of such service no later than June 19, 2020. New GM should serve this Order on Plaintiff by both mail and e-mail, using the new addresses listed in Plaintiffs most recent filing. Set Deadlines/Hearing as to (114 in 1:17-cv-05970-JMF) MOTION for Extension of Time. SO ORDERED.( Responses due by 6/26/2020, Replies due by 7/10/2020.) (Signed by Judge Jesse M. Furman on 6/17/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:17-cv-05970-JMF (yv)
June 3, 2020 Opinion or Order Filing 112 ORDER OF DISMISSAL... Ms. Garcia's claims 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 nonco mpliant plaintiffs' complaints"). The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 7923, and l 7-CV-5970, ECF No. 107. The Clerk of Court is further directed to te1minate Sylvia Garcia as a Plaintiff in 14-MD-2543 and to c lose 17-CV-5970. New GM is directed to serve this Order on Ms. Garcia and to promptly file proof of such service. SO ORDERED., Motions terminated: (107 in 1:17-cv-05970-JMF) MOTION to Dismiss With Prejudice for Failure to Submit Discovery Required by Order No. 25. filed by General Motors L.L.C., (7923 in 1:14-md-02543-JMF) MOTION to Dismiss With Prejudice for Failure to Submit Discovery Required by Order No. 25. filed by General Motors LLC., Sylvia Garcia and Sylvia Garcia terminated. (Signed by Judge Jesse M. Furman on 6/3/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:17-cv-05970-JMF (yv)
April 7, 2020 Opinion or Order Filing 99 ORDER OF DISMISSAL... In light of Ms. Garcia's continued failure to submit a substantially complete PFS as required by Order No. 25, her claims are hereby DISMISSED without prejudice. Should Ms. Garcia submit all required documentation within t he next thirty days, or otherwise contest this dismissal, she may move to vacate the dismissal within 30 days of the date of this order, pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 7813 an d 17-CV-5970, ECF No. 96. Because Ms. Garcia still has an opportunity to vacate her dismissal, the Clerk of Court is directed not to terminate Ms. Garcia or to close her case. SO ORDERED., Motions terminated: (96 in 1:17-cv-05970-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order Nos. 25 and 108. filed by General Motors L.L.C., (7813 in 1:14-md-02543-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order Nos. 25 and 108. filed by General Motors LLC. (Signed by Judge Jesse M. Furman on 4/7/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:17-cv-05970-JMF (yv)
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Plaintiff: Sylvia Garcia
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Defendant: General Motors L.L.C.
Represented By: Kyle Harold Dreyer
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