Hurry et al v. General Motors LLC
Plaintiff: Dominguez Hurry, Scott Goodwin and Terry Wasdin
Defendant: General Motors LLC
Case Number: 3:2021cv00673
Filed: October 8, 2021
Court: US District Court for the Middle District of Alabama
Presiding Judge: Jerusha T Adams
Referring Judge: Emily C Marks
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2023 Opinion or Order Filing 109 FINAL JUDGMENT: In accordance with the memorandum opinion and order entered on this date, it is the ORDER, JUDGMENT and DECREE of the Court that judgment is entered in favor of the Dft and against the Plfs, and this case is DISMISSED with prejudice. Costs are taxed against the Plfs for which execution may issue. The Clerk is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Emily C. Marks on 9/12/2023. (bes, )
September 12, 2023 Opinion or Order Filing 108 MEMORANDUM OPINION AND ORDER: it is hereby ORDERED as follows: 1. The Dft's #83 motion for summary judgment is GRANTED; 2. The Plfs' #50 motion to certify the class is DENIED as MOOT; 3. The #74 , #77 , #81 motions to exclude are DENIED as MOOT. A separate Final Judgment will be entered in accordance with this Memorandum Opinion and Order. Signed by Chief Judge Emily C. Marks on 9/12/2023. (bes, )
August 25, 2023 Opinion or Order Filing 107 NOTICE of Additional Supplemental Authority in Support re #50 Motion for Class Certification by Dominguez Hurry, Terry Wasdin. (Attachments: #1 Exhibit A -10th Circuit Ruling)(Barnett, Henry) Modified on 8/25/2023 to clarify the docket text and add link to doc #50 (bes, ).
August 23, 2023 Opinion or Order Filing 106 ORDER: it is ORDERED that the Dft's #105 motion is GRANTED to the extent that all deadlines tied to the trial of this case, including the pretrial conference, jury selection and jury trial, are CONTINUED generally pending resolution of the pending motion for class certification, motion for summary judgment, and Daubert motions; The Dft's #105 motion is DENIED in all other respects; The Court will reset any unexpired pretrial deadlines and the trial date, if applicable, following its ruling on the pending motions (docs. #50 , #74 , #77 , #81 , #83 ). Signed by Chief Judge Emily C. Marks on 8/23/2023. (Furn: Calendar, cs, lw) (Term: FPC set for 09/14/2023; Jury Selection & Trial set for 11/13/2023)(bes, )
August 22, 2023 Opinion or Order Filing 105 MOTION to Amend #40 Uniform Scheduling Order by General Motors LLC. (Ross, April) Modified on 8/22/2023 to clarify text (hrr, ).
July 31, 2023 Opinion or Order Filing 104 ORDER: it is ORDERED that the #102 Motion for Blake Stubbs to Appear Pro Hac Vice is GRANTED. Signed by Chief Judge Emily C. Marks on 7/31/2023. (hrr, )
July 31, 2023 Opinion or Order Filing 103 NOTICE of Appearance by Blake Stubbs on behalf of Dominguez Hurry, Terry Wasdin (Stubbs, Blake)
July 25, 2023 Opinion or Order Filing 102 Motion for Blake Stubbs to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3475450.) by Dominguez Hurry, Terry Wasdin. (Attachments: #1 Exhibit A Certificate of Good Standing)(Barnett, Henry) Modified on 7/25/2023 to add attorneys name to text(hrr, ).
July 25, 2023 Opinion or Order ***PURSUANT TO THE #102 MOTION - Attorney Blake Stubbs added for plaintiffs Dominguez Hurry and Terry Wasdin. (No PDF attached) (hrr, )
June 30, 2023 Opinion or Order Filing 101 RESPONSE to #95 NOTICE of Supplemental Authority by General Motors LLC (Ross, April) Modified on 7/3/2023 to clarify the docket text (amf, ).
June 15, 2023 Opinion or Order Filing 100 Declaration re #98 REPLY in support of Motion for Summary Judgment by General Motors LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ross, April) Modified on 6/16/2023 to clarify docket text(hrr, ).
June 15, 2023 Opinion or Order Filing 99 Response to Plaintiffs' Statement of Facts filed by General Motors LLC. (Ross, April) Modified on 6/16/2023 to clean up text and remove link (hrr, ).
June 15, 2023 Opinion or Order Filing 98 REPLY in support of Motion re #83 MOTION for Summary Judgment filed by General Motors LLC. (Ross, April)
June 15, 2023 Opinion or Order Filing 97 REPLY in Support re #81 MOTION To Exclude the Opinions and Testimony of General Motors LLC's Expert Robert Kuhn filed by Dominguez Hurry, Terry Wasdin. (Attachments: #1 Exhibit 1)(Barnett, Henry)
June 15, 2023 Opinion or Order Filing 96 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 5/18/2023, before Chief Judge Emily C. Marks. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-322-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 7/6/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/13/2023. (amf, )
June 14, 2023 Opinion or Order Filing 95 NOTICE of Supplemental Authority in Support of Class Certification and Opposition to Summary Judgment by Dominguez Hurry, Terry Wasdin (Attachments: #1 Exhibit A)(Barnett, Henry)
June 13, 2023 Opinion or Order Filing 94 REPLY in Support re #77 MOTION in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Edward M. Stockton filed by General Motors LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ross, April)
June 13, 2023 Opinion or Order Filing 93 REPLY in Support re #74 MOTION in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Dr. Werner J.A. Dahm filed by General Motors LLC. (Attachments: #1 Exhibit A)(Ross, April)
June 8, 2023 Opinion or Order Filing 92 Opposition to #81 MOTION To Exclude the Opinions and Testimony of General Motors LLC's Expert Robert Kuhn filed by General Motors LLC. (Attachments: #1 Exhibit 1)(Ross, April) Modified on 6/9/2023 to clarify text (am, ).
June 8, 2023 Opinion or Order Filing 91 RESPONSE in Opposition re #83 MOTION for Summary Judgment Plaintiff's Opposition to GM's Motion for Summary Judgment filed by Dominguez Hurry, Terry Wasdin. (Attachments: #1 Affidavit Declaration of H. Clay Barnett, III, in Support of Plaintiffs' Opposition to GM's Motion for Summary Judgment, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48)(Barnett, Henry)
June 6, 2023 Opinion or Order Filing 90 BRIEF/MEMORANDUM (Response) in Opposition re #77 Motion in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Edward M. Stockton filed by Dominguez Hurry, Terry Wasdin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barnett, Henry) Modified on 6/6/2023 to clarify the docket text and to add the link to the #77 motion (wcl, ).
June 6, 2023 Opinion or Order Filing 89 BRIEF/MEMORANDUM (Response) in Opposition re #74 Motion in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Dr. Werner J.A. Dahm filed by Dominguez Hurry, Terry Wasdin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Barnett, Henry) Modified on 6/6/2023 to clarify the docket text and to add the link to the #74 motion (wcl, ).
May 19, 2023 Opinion or Order Filing 88 RESPONSE to #73 Notice of Supplemental Authority by General Motors LLC. (Ross, April) Modified on 5/22/2023 to clarify the docket text as a response & not a notice (amf, ).
May 18, 2023 Opinion or Order Filing 87 Minute Entry for proceedings held before Chief Judge Emily C. Marks: Oral Argument held on 5/18/2023 (PDF available for court use only). (Court Reporter Patricia Starkie, 334-322-8053, Patricia_Starkie@almd.uscourts.gov.) (cs, )
May 18, 2023 Opinion or Order Filing 86 ORDER re #81 Motion Exclude the Opinions and Testimony of General Motors LLC's Expert Robert Kuhn & #83 Motion for Summary Judgment; it is hereby ORDERED that the parties shall file their responsive briefs to the opposition's motions on or before 6/8/2023; further ORDERED that the parties shall file their replies to the opposition's responses on or before 6/15/2023. Signed by Chief Judge Emily C. Marks on 5/18/2023. (amf, )
May 18, 2023 Opinion or Order Minute Entry for proceedings held before Chief Judge Emily C. Marks: Motion Hearing held on 5/18/2023 re #50 MOTION to Certify Class Plaintiffs' Motion For Class Certification filed by Dominguez Hurry, Terry Wasdin (NO PDF available see Doc. 87 Minute Entry). (Court Reporter Patricia Starkie, 334-322-8053, Patricia_Starkie@almd.uscourts.gov.) (cs, )
May 17, 2023 Opinion or Order Filing 85 DECLARATION in Support re #83 MOTION for Summary Judgment [Declaration of April N. Ross] filed by General Motors LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36)(Ross, April)
May 17, 2023 Opinion or Order Filing 84 MEMORANDUM in Support re #83 MOTION for Summary Judgment filed by General Motors LLC. (Ross, April)
May 17, 2023 Opinion or Order Filing 83 MOTION for Summary Judgment by General Motors LLC. (Ross, April)
May 17, 2023 Opinion or Order Filing 82 MEMORANDUM in Support re #81 MOTION To Exclude the Opinions and Testimony of General Motors LLC's Expert Robert Kuhn filed by Dominguez Hurry, Terry Wasdin. (Barnett, Henry)
May 17, 2023 Opinion or Order Filing 81 MOTION To Exclude the Opinions and Testimony of General Motors LLC's Expert Robert Kuhn by Dominguez Hurry, Terry Wasdin. (Barnett, Henry)
May 16, 2023 Opinion or Order Filing 80 ORDER re #74 & #77 MOTIONS in Limine; it is hereby ORDERED that the Plaintiffs shall file their responsive briefs to the Defendant's motions on or before 6/6/2023; further ORDERED that the Defendant shall file its replies to the Plaintiffs' responses on or before 6/13/2023. Signed by Chief Judge Emily C. Marks on 5/16/2023. (amf, )
May 12, 2023 Opinion or Order Filing 79 AFFIDAVIT (Declaration of April N. Ross) in Support re #77 MOTION in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Edward M. Stockton filed by General Motors LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Ross, April) Modified on 5/15/2023 to clarify text (cwl, ).
May 12, 2023 Opinion or Order Filing 78 BRIEF/MEMORANDUM in Support re #77 MOTION Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Edward M. Stockton filed by General Motors LLC. (Ross, April) Modified on 5/15/2023 to clarify text (cwl, ).
May 12, 2023 Opinion or Order Filing 77 MOTION in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Edward M. Stockton by General Motors LLC. (Ross, April) Modified on 5/15/2023 to correct mtn event and clarify text (cwl, ).
May 12, 2023 Opinion or Order Filing 76 AFFIDAVIT (Declaration of April N. Ross) in Support re #74 MOTION in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Dr. Werner J.A. Dahm filed by General Motors LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Ross, April) Modified on 5/15/2023 to clarify text (cwl, ).
May 12, 2023 Opinion or Order Filing 75 BRIEF/MEMORANDUM in Support re #74 MOTION in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Dr. Werner J.A. Dahm filed by General Motors LLC. (Ross, April) Modified on 5/15/2023 to clarify text (cwl, ).
May 12, 2023 Opinion or Order Filing 74 MOTION in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Dr. Werner J.A. Dahm by General Motors LLC. (Ross, April) Modified on 5/15/2023 to correct motion event and clarify text (cwl, ).
May 9, 2023 Opinion or Order Filing 73 NOTICE of Supplemental Authority in Support of Plaintiffs' Motion For Class Certification by Dominguez Hurry, Terry Wasdin (Attachments: #1 Exhibit A)(Barnett, Henry)
April 26, 2023 Opinion or Order Filing 72 ORDER: This matter is presently set for oral argument on May 17, 2023 at 10:00 a.m. For good cause, it is ORDERED that this matter is reset for 10:00 a.m. on May 18, 2023 in Courtroom 2A, in the Frank M. Johnson, Jr. U.S. Courthouse, One Church Street, Montgomery, Alabama. Signed by Chief Judge Emily C. Marks on 4/26/2023. (furn: calendar, cs) (term: hearing 5/17/23)(cwl, )
April 24, 2023 Opinion or Order Filing 71 Joint Notice of Mediation and Settlement Conference by Dominguez Hurry, Terry Wasdin, General Motors LLC (Barnett, Henry) Modified on 4/24/2023 to add joint filer (cwl, ).
April 17, 2023 Opinion or Order Filing 70 ORDER: it is ORDERED that the pending #50 motion for class certification is set for ORAL ARGUMENT on 5/17/2023 at 10:00 a.m. in Courtroom 2A. Signed by Chief Judge Emily C. Marks on 4/17/2023. (Furnished: Calendar & CS)(amf, )
March 24, 2023 Opinion or Order Filing 69 STIPULATED PROTECTIVE ORDER granting #68 Motion for Protective Order, as further set out in Order. Signed by Magistrate Judge Jerusha T. Adams on 03/24/2023. (tha, )
March 22, 2023 Opinion or Order Filing 68 Joint MOTION for Protective Order filed by Dominguez Hurry, Terry Wasdin and General Motors LLC. (Attachments: #1 Exhibit 1- Proposed Stipulated Protective Order, #2 Appendix A)(Ross, April) Modified on 3/28/2023 to add filer and clarify text(tha, ).
March 17, 2023 Opinion or Order Filing 67 ORDER: It is ORDERED that on or before 03/23/2023, the parties shall file a motion requesting the protective order. Any proposed order must be submitted in both Portable Document Format as an attachment to the motion and in Microsoft Word format by transmitting a copy of the proposed order in an email sent to propord_adams@almd.uscourts.gov. Signed by Honorable Judge Jerusha T. Adams on 03/17/2023. (tha, )
March 14, 2023 Opinion or Order Filing 66 STIPULATION for [Proposed] Protective Order filed by Dominguez Hurry, Terry Wasdin and General Motors LLC. (Attachments: #1 Appendix A)(Ross, April) Modified on 3/28/2023 to add filers and clarify text(tha, ).
February 17, 2023 Opinion or Order Filing 65 REPLY BRIEF re #50 MOTION to Certify Class Plaintiffs' Motion For Class Certification Plaintiff's Reply in Support of Plaintiffs' Motion For Class Certification filed by Dominguez Hurry, Terry Wasdin. (Attachments: #1 Affidavit Declaration of D.Ferri In Support, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35)(Barnett, Henry)
February 10, 2023 Opinion or Order Filing 64 AFFIDAVIT in Support re #63 Response in Opposition by General Motors LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Ross, April)
February 10, 2023 Opinion or Order Filing 63 RESPONSE in Opposition re #50 MOTION to Certify Class Plaintiffs' Motion For Class Certification by General Motors LLC. (Attachments: #1 Appendix A - Timeline)(Ross, April)
February 10, 2023 Opinion or Order Filing 62 TEXT ORDER granting #61 Motion for Dara Charles Kazemzadeh to Withdraw as Attorney. Signed by Chief Judge Emily C. Marks on 02/10/2023. (no pdf attached to this entry) (tha, )
February 10, 2023 Opinion or Order ***PURSUANT TO THE COURT'S TEXT ORDER (DOC 62 - Attorney Dara Charles Kazemzadeh terminated. (no pdf attached to this entry) (tha, )
February 9, 2023 Opinion or Order Filing 61 MOTION for Dara Charles Kazemzadeh to Withdraw as Counsel by General Motors LLC. (Kazemzadeh, Dara)
January 20, 2023 Opinion or Order Filing 60 ORDER construing the #59 Notice as a Motion to Withdraw; ORDER granting #59 Motion for Kathleen Taylor Sooy to Withdraw as Counsel. Signed by Chief Judge Emily C. Marks on 1/20/2023. (amf, )
January 20, 2023 Opinion or Order Filing 59 NOTICE of Withdrawal of Kathleen Taylor Sooy as Counsel by General Motors LLC (Sooy, Kathleen)
January 20, 2023 Opinion or Order ***PURSUANT TO THE COURT'S #60 ORDER - Attorney Kathleen Taylor Sooy terminated. (No PDF attached to this entry) (amf, )
January 20, 2023 Opinion or Order MOTION for Kathleen Taylor Sooy to Withdraw as Counsel by General Motors LLC, as CONSTRUED in the Court's #60 Order. (No PDF attached to this entry - See doc #59 for PDF) (amf, )
January 19, 2023 Opinion or Order Filing 58 ORDER: Now pending before the Court is the Defendant General Motors LLC's unopposed motion for extension of time to respond to the Plaintiffs' motion for class certification. The Defendant requests a fourteen-day extension until 2/10/2023 to respond to the Plaintiff's motion. Upon consideration of the motion, it is ORDERED that the motion is GRANTED. It is further ORDERED that the Plaintiffs shall have until 2/17/2023 to file a reply to the Defendant's response. Signed by Chief Judge Emily C. Marks on 1/19/2023. (dmn, )
January 19, 2023 Opinion or Order Filing 57 NOTICE of Appearance by Dara Charles Kazemzadeh on behalf of General Motors LLC (Kazemzadeh, Dara)
January 18, 2023 Opinion or Order Filing 56 MOTION for Extension of Time to File Response/Reply by General Motors LLC. (Kappel, Brian)
January 17, 2023 Opinion or Order Filing 55 NOTICE of Appearance by Molly A. Jones on behalf of General Motors LLC (Jones, Molly)
January 13, 2023 Opinion or Order Filing 54 ORDER: it is hereby ORDERED that the Defendant shall file a response to the Plaintiffs' #50 motion for class certification on or before 1/27/2023; further ORDERED that the Plaintiffs shall file a reply to the Defendant's response on or before 2/3/2023. Signed by Chief Judge Emily C. Marks on 1/13/2023. (amf, )
January 13, 2023 Opinion or Order Filing 53 ORDER granting #49 Corrected Motion for Dara Charles Kazemzadeh to Appear Pro Hac Vice; further ORDERED that Dara Charles Kazemzadeh shall file a notice of appearance on or before 1/20/2023; DIRECTING the Clerk to refund the $75.00 application fee assessed with the Defendant's corrected motion (receipt number AALMDC-3347749). Signed by Chief Judge Emily C. Marks on 1/13/2023. (Furnished: Finance) (amf, )
January 11, 2023 Opinion or Order Filing 52 AFFIDAVIT in Support re #50 MOTION to Certify Class Plaintiffs' Motion For Class Certification Declaration of H. Clay Barnett, III in Support of Plaintiffs' Motion for Class Certification filed by Dominguez Hurry, Terry Wasdin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31)(Barnett, Henry) (Additional attachment(s) added on 2/2/2023: #32 Certificate of Service) (dmn, ).
January 11, 2023 Opinion or Order Filing 51 BRIEF/MEMORANDUM in Support of Plaintiffs' Motion for Class Certification filed by Dominguez Hurry, Terry Wasdin. (Barnett, Henry) (Additional attachment(s) added on 2/2/2023: #1 Certificate of Service) (dmn, ).
January 11, 2023 Opinion or Order Filing 50 MOTION to Certify Class Plaintiffs' Motion For Class Certification by Dominguez Hurry, Terry Wasdin. (Barnett, Henry) (Additional attachment(s) added on 2/2/2023: #1 Certificate of Service) (dmn, ).
January 11, 2023 Opinion or Order Filing 49 CORRECTED Motion for Dara Charles Kazemzadeh to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3347749.) by General Motors LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Kappel, Brian) Modified on 1/12/2023 to reflect "Corrected." (dmn, )
January 11, 2023 Opinion or Order Filing 48 ORDER: On 1/9/2023, Defendant General Motors filed a Motion for Admission Pro Hac Vice on behalf of Dara Charles Kazemzadeh. (Doc. #45 ). However, the Defendant did not attach a certificate of good standing from a United States District Court in which Dara Charles Kazemzadeh is admitted as required by LR 83.1(b)(3). Upon consideration of the motion, it is ORDERED that the motion is DENIED without prejudice. Signed by Chief Judge Emily C. Marks on 1/11/2023. (dmn, )
January 10, 2023 Opinion or Order Filing 47 ORDER: On 1/4/2023, Defendant General Motors filed a Motion for Admission Pro Hac Vice on behalf of Molly A. Jones. (Doc. #43 ). Upon consideration of the motion, it is ORDERED that the motion is GRANTED. It is further ORDERED that Molly A. Jones shall file a notice of appearance on or before 1/17/2023. Signed by Chief Judge Emily C. Marks on 1/10/2023. (dmn, )
January 9, 2023 Opinion or Order ***Attorney Dara Charles Kazemzadeh added for General Motors LLC. (dmn, ) (no pdf, see Doc. #45 )
January 9, 2023 Opinion or Order Filing 46 ORDER: On 1/6/2023, the parties filed a joint stipulation of dismissal of the individual claims of Scott Goodwin. (Doc. #44 ). Upon consideration of the joint stipulation, which comports with FRCP 41(a)(1), it is ORDERED that the individual claims of Scott Goodwin are DISMISSED without prejudice, with each party to bear their own costs. Signed by Chief Judge Emily C. Marks on 1/9/2023. (dmn, )
January 9, 2023 Opinion or Order Filing 45 Motion for Admission of Dara Charles Kazemzadeh to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3345317.) by General Motors LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Kappel, Brian) Modified on 1/10/2023 to include name of attorney requesting appearance. (dmn, )
January 6, 2023 Opinion or Order Filing 44 STIPULATED DISMISSAL pursuant to FRCP 41(a)(1)(A)(ii) of individual claims asserted by Scott Goodwin against GM, by Scott Goodwin, Dominguez Hurry, Terry Wasdin, General Motors LLC. (Barnett, Henry) Modified on 1/6/2023 to clarify docket text and add DFT as filer (bes, ). Modified on 1/9/2023 to clean up text. (dmn, )
January 4, 2023 Opinion or Order ***Attorney Molly A. Jones added for General Motors LLC. (dmn, ) (no pdf, see Doc. #43 )
January 4, 2023 Opinion or Order Filing 43 Motion for Admission of Molly A. Jones to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3343096.) by General Motors LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Kappel, Brian) Modified on 1/10/2023 to include name of attorney requesting appearance. (dmn, )
December 27, 2022 Opinion or Order Filing 42 NOTICE of Appearance by Rebecca Diane Gilliland on behalf of All Plaintiffs (Gilliland, Rebecca)
December 27, 2022 Opinion or Order Filing 41 NOTICE of Appearance by Dylan Thomas Martin on behalf of Scott Goodwin, Dominguez Hurry, Terry Wasdin. (Martin, Dylan) Modified on 12/27/2022 to add remove as filed on behalf of "all plaintiffs" & to list them individually (amf, ).
October 13, 2022 Opinion or Order Filing 40 UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 9/14/2023 at 02:00 PM in Courtroom 2A before Chief Judge Emily C. Marks; Proposed Pretrial Order due by 9/7/2023; Jury Selection & Trial set for 11/13/2023 at 10:00 AM in Opelika, AL before Chief Judge Emily C. Marks; Dispositive & Daubert Motions due by 5/17/2023; Mediation Notice due by 4/24/2023; Amended Pleadings due by 12/29/2022; Discovery due by 4/17/2023, as further set out in order. Signed by Chief Judge Emily C. Marks on 10/13/2022. (Furn: Calendar, ws) (bes, )
October 12, 2022 Opinion or Order Filing 39 REPORT of Rule 26(f) Planning Meeting. (Barnett, Henry)
September 28, 2022 Opinion or Order Filing 38 ORDER: On 9/27/2022, the Parties filed a Report of Rule 26(f) Planning Meeting. (Doc. #37 ). However, the Report of Parties' Planning meeting does not comply with this Court's order in that the parties do not select a trial term and the dates requested do not correspond to any of the Court's trial terms. Accordingly, it is ORDERED that a new FRCP 26(f) report containing the discovery plan that complies with this Court's order and utilizing one of the undersigned's trial terms shall be filed as soon as practicable but not later than 10/12/2022 as further set out in the order. Signed by Chief Judge Emily C. Marks on 9/28/2022. (dmn, )
September 27, 2022 Opinion or Order Filing 37 REPORT of Rule 26(f) Planning Meeting. (Barnett, Henry)
September 8, 2022 Opinion or Order Filing 36 RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 9/29/2022. Signed by Chief Judge Emily C. Marks on 9/8/2022. (dmn, )
September 6, 2022 Opinion or Order Filing 35 ANSWER to #1 Complaint by General Motors LLC.(Ross, April)
August 22, 2022 Opinion or Order Filing 34 MEMORANDUM OPINION AND ORDER: It is hereby ORDERED that GM's motion to dismiss (doc. #27 ) is GRANTED IN PART to the extent that Plaintiff Hurry's implied warranty claim, the Plaintiffs' express warranty claims (Count 2), and the Plaintiffs' ADTPA claims (Count 1) are DISMISSED, and DENIED in all other respects. All other claims against GM remain pending. Signed by Chief Judge Emily C. Marks on 8/22/2022. (dmn, )
June 28, 2022 Opinion or Order Filing 33 RESPONSE BRIEF addressing subject matter jurisdiction (Doc. #32 ) filed by General Motors LLC. (Kappel, Brian) Modified on 6/30/2022 to reflect actual title and create link. (dmn, )
June 21, 2022 Opinion or Order Filing 32 BRIEF ADDRESSING SUBJECT MATTER JURISDICTION filed in Response to #31 Order, filed by Scott Goodwin, Dominguez Hurry, Terry Wasdin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barnett, Henry) Modified on 6/22/2022 to clean up text. (dmn, )
June 6, 2022 Opinion or Order Filing 31 ORDER: It appears to the Court that the allegations of the Plaintiffs' #1 Complaint may be insufficient to invoke this Court's diversity jurisdiction. Specifically, the Court questions whether the Complaint sufficiently alleges that the amount in controversy requirement is met, either for purposes of ordinary diversity jurisdiction of CAFA. See 28 U.S.C. 1332(d). Thus, the Court concludes that the Plaintiffs should file a brief addressing whether the Court has subject matter jurisdiction over this action. Accordingly, it is ORDERED that on or before 6/21/2022, the Plaintiffs shall file a brief addressing the jurisdictional issue raised herein. It is further ORDERED that, to the extent the Defendant wishes to be heard on the jurisdictional issue, the Defendant may file a response brief on or before 6/28/2022. Signed by Chief Judge Emily C. Marks on 6/6/2022. (dmn, )
February 24, 2022 Opinion or Order Filing 30 REPLY BRIEF in Support of #27 Motion to Dismiss Class Action Complaint filed by General Motors LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kappel, Brian) Modified on 6/6/2022 to create link. (dmn, )
February 10, 2022 Opinion or Order Filing 29 RESPONSE in Opposition re #27 MOTION to Dismiss Class Action Complaint filed by Scott Goodwin, Dominguez Hurry, Terry Wasdin. (Attachments: #1 Exhibit A)(Barnett, Henry)
January 27, 2022 Opinion or Order Filing 28 BRIEF/MEMORANDUM in Support re #27 MOTION to Dismiss Class Action Complaint filed by General Motors LLC. (Attachments: #1 Exhibit 1)(Kappel, Brian)
January 27, 2022 Opinion or Order Filing 27 MOTION to Dismiss Class Action Complaint by General Motors LLC. (Kappel, Brian)
December 20, 2021 Opinion or Order Filing 26 NOTICE of Appearance by Rachel P. Raphael on behalf of General Motors LLC (Raphael, Rachel)
December 20, 2021 Opinion or Order Filing 25 NOTICE of Appearance by April N. Ross on behalf of General Motors LLC (Ross, April)
December 20, 2021 Opinion or Order Filing 24 NOTICE of Appearance by Kathleen Taylor Sooy on behalf of General Motors LLC (Sooy, Kathleen)
December 16, 2021 Opinion or Order Filing 23 ORDER: it is ORDERED that the #19 , #20 , & #21 motions to appear pro hac vice are GRANTED, and Attorneys Raphael, Sooy, and Ross are ADMITTED to appear before this Court pro hac vice to represent the Dft in this action; Counsel shall file notices of appearance with the Court. Signed by Chief Judge Emily C. Marks on 12/16/2021. (bes, )
December 15, 2021 Opinion or Order Filing 22 NOTICE of Correction re #19 , #20 , & #21 MOTIONS for Admission Pro Hac Vice, attach corrected PDF documents of corrected Certificates of Good Standing. (Attachments: #1 Correct PDF attachment to Doc Entry #19 , #2 Correct PDF attachment to Doc Entry #20 , #3 Correct PDF attachment to Doc Entry #21 )(bes, )
December 7, 2021 Opinion or Order Filing 21 MOTION for Admission Pro Hac Vice of Attorney April Nelson Ross (Filing fee $ 75.00, receipt number AALMDC-3133148.) by General Motors LLC. (Attachments: #1 Exhibit A)(Kappel, Brian) (Additional attachment(s) added on 12/15/2021: #2 Certificate of Good Standing) (bes, ).
December 7, 2021 Opinion or Order Filing 20 MOTION for Admission Pro Hac Vice of Attorney Kathleen T. Sooy (Filing fee $ 75.00, receipt number AALMDC-3133147.) by General Motors LLC. (Attachments: #1 Exhibit A)(Kappel, Brian) (Additional attachment(s) added on 12/15/2021: #2 Certificate of Good Standing) (bes, ).
December 7, 2021 Opinion or Order Filing 19 MOTION for Admission Pro Hac Vice of Attorney Rachel Paige Raphael (Filing fee $ 75.00, receipt number AALMDC-3133143.) by General Motors LLC. (Attachments: #1 Exhibit A)(Kappel, Brian) (Additional attachment(s) added on 12/15/2021: #2 Certificate of Good Standing) (bes, ).
December 3, 2021 Opinion or Order Filing 18 TEXT ORDER granting #15 Motion for Extension of Time; The deadlines are EXTENDED as set forth in the motion. Signed by Chief Judge Emily C. Marks on 12/3/2021. (No PDF attached to this entry) (bes, )
December 3, 2021 Opinion or Order Filing 17 Corporate/Conflict Disclosure Statement by General Motors LLC re #16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Kappel, Brian) Modified on 12/3/2021 to add link to the #16 notice (bes, ).
December 2, 2021 Opinion or Order Filing 16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to General Motors LLC; Corporate Disclosures due by 12/13/2021. (Attachments: #1 Standing Order and Sample Format)(bes, )
December 2, 2021 Opinion or Order Filing 15 Joint MOTION for Extension of Time to File Answer by Scott Goodwin, Dominguez Hurry, Terry Wasdin, General Motors LLC. (Attachments: #1 Proposed Order)(Barnett, Henry) Modified on 12/2/2021 to clarify the docket text and to add the DFT as a filer (bes, ).
December 2, 2021 Opinion or Order Filing 14 NOTICE of Appearance by Brian Patrick Kappel on behalf of General Motors LLC (Kappel, Brian)
December 2, 2021 Opinion or Order ***PURSUANT TO THE #14 NOTICE - Attorney Kathleen Taylor Sooy, April N. Ross, Rachel P. Raphael for General Motors LLC added. (No PDF attached to this entry) (bes, )
November 12, 2021 Opinion or Order Filing 13 NOTICE of Appearance by Daniel R. Ferri on behalf of All Plaintiffs (Ferri, Daniel)
November 11, 2021 Opinion or Order Filing 12 NOTICE of Appearance by John E. Tangren on behalf of All Plaintiffs (Tangren, John)
November 11, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Adam J Levitt on behalf of All Plaintiffs (Levitt, Adam)
October 25, 2021 Opinion or Order Filing 10 ORDER granting #4 , #5 , & #6 Motions for Leave to Appear Pro Hac Vice; Attorneys Levitt, Ferri, and Tangren are ADMITTED to appear before this Court pro hac vice to represent the Plfs in this action; Counsel shall file notices of appearance with the Court. Signed by Chief Judge Emily C. Marks on 10/25/2021. (bes, )
October 22, 2021 Opinion or Order Filing 9 Corporate/Conflict Disclosure Statement by Terry Wasdin re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Barnett, Henry)
October 22, 2021 Opinion or Order Filing 8 Corporate/Conflict Disclosure Statement by Scott Goodwin re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Barnett, Henry)
October 22, 2021 Opinion or Order Filing 7 Corporate/Conflict Disclosure Statement by Dominguez Hurry re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Barnett, Henry)
October 22, 2021 Opinion or Order Filing 6 Motion to Appear Pro Hac Vice for Attorney John E. Tangren ( Filing fee $ 75.00 receipt number AALMDC-3110974.) by Scott Goodwin, Dominguez Hurry, Terry Wasdin. (Attachments: #1 John E. Tangren Certificate of Good Standing)(Miles, Wilson) Modified on 10/25/2021 to reflect atty requesting PHV admission (bes, ).
October 22, 2021 Opinion or Order Filing 5 Motion to Appear Pro Hac Vice for Attorney Daniel R. Ferri ( Filing fee $ 75.00 receipt number AALMDC-3110972.) by Scott Goodwin, Dominguez Hurry, Terry Wasdin. (Attachments: #1 Daniel R. Ferri Certificate of Good Standing)(Miles, Wilson) Modified on 10/25/2021 to reflect atty requesting PHV admission (bes, ).
October 22, 2021 Opinion or Order Filing 4 Motion to Appear Pro Hac Vice for Attorney Adam J. Levitt ( Filing fee $ 75.00 receipt number AALMDC-3110969.) by Scott Goodwin, Dominguez Hurry, Terry Wasdin. (Attachments: #1 Certificate of Good Standing)(Miles, Wilson) Modified on 10/25/2021 to reflect atty requesting PHV admission (bes, ).
October 21, 2021 Opinion or Order Filing 3 WAIVER OF SERVICE Returned Executed by Dominguez Hurry, Terry Wasdin, Scott Goodwin. General Motors LLC waiver sent on 10/13/2021, answer due 12/13/2021. (Barnett, Henry)
October 13, 2021 Opinion or Order Filing 2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Dominguez Hurry, Scott Goodwin, & Terry Wasdin; Corporate Disclosures due by 10/25/2021. (Attachments: #1 Standing Order and Sample Format)(bes, )
October 8, 2021 Opinion or Order Filing 1 CLASS ACTION COMPLAINT against General Motors LLC ( Filing fee $ 402.00 receipt number 4602064903.), filed by Dominguez Hurry, Terry Wasdin, Scott Goodwin. (Attachments: #1 Civil Cover Sheet, #2 Receipt)(bes, )
October 8, 2021 Opinion or Order DEMAND for Trial by Jury by Scott Goodwin, Dominguez Hurry, Terry Wasdin. (No PDF attached to this entry - see doc #1 for PDF) (bes, )

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Search for this case: Hurry et al v. General Motors LLC
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Plaintiff: Dominguez Hurry
Represented By: Adam J Levitt
Represented By: Daniel R. Ferri
Represented By: Henry Clay Barnett, III
Represented By: James Mitchell Williams
Represented By: John E. Tangren
Represented By: Tyner David Helms
Represented By: Wilson Daniel Miles, III
Represented By: Blake Stubbs
Represented By: Dylan Thomas Martin
Represented By: Rebecca Diane Gilliland
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Plaintiff: Scott Goodwin
Represented By: Adam J Levitt
Represented By: Daniel R. Ferri
Represented By: Henry Clay Barnett, III
Represented By: James Mitchell Williams
Represented By: John E. Tangren
Represented By: Tyner David Helms
Represented By: Wilson Daniel Miles, III
Represented By: Dylan Thomas Martin
Represented By: Rebecca Diane Gilliland
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Plaintiff: Terry Wasdin
Represented By: Adam J Levitt
Represented By: Daniel R. Ferri
Represented By: Henry Clay Barnett, III
Represented By: James Mitchell Williams
Represented By: John E. Tangren
Represented By: Tyner David Helms
Represented By: Wilson Daniel Miles, III
Represented By: Blake Stubbs
Represented By: Dylan Thomas Martin
Represented By: Rebecca Diane Gilliland
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Defendant: General Motors LLC
Represented By: April N. Ross
Represented By: Brian Patrick Kappel
Represented By: Kathleen Taylor Sooy
Represented By: Rachel P. Raphael
Represented By: Dara Charles Kazemzadeh
Represented By: Molly A. Jones
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