Atz v. General Motors LLC
| Betty Atz, Jesus Alicea, Karl Ashford, Ashleigh Bailey, Lonell Baylous, Erick Bennett, Sunita Bhandari, Cody Booth, Ronald Brich, Gean Brooks, William Burley, Paul Busby, Sallie Charly, Michael Cheshier, Johnnie Clark, Daryl Collins, Rebecca Coviello, Karen Covington, Betty Eubank, Brenda Frazier, Jessica Free, Gilda Gayten, Halle Gayten, Donald Glisson, Jesus Gonzalez, Sederick Green, Howard Hale, Loretta Hamm, David Hill, Jackie Hilton, Andy Hubbard, Rodney Isaac, Ricky Johns, Antoinette Jones, Barbara Josey, LaToya Kearney, Riley King, Juan Carlos Limon, Leawaiia Little, Yolanda Manuel-Collins, Amy Marquiss, Webster Mason, Steve Mathis, Tammy May, Demetria McCluney, Juliet McMillin, Robin McNeal, Mark Milam, Jessie Miller, Lloyd Moskal, Shirley Murray, Javanna Nelson, Dijionay Norwood, Arlisa Norwood, Jovonne Norwood, Merle Peters, Margarita Porter, Annie Randolph, Marian Rhodes, Steve Richardson, Ontonio Salazar, Robert Salazar, Charles Sanders, Theresa Sanders, Alner Simmonds, Beulah Singleton, Billy Singleton, Mamoon Sinnokrot, Mark Smith, Mildred Smith, Ruth Smith, Steven Spradlin, Annette Stewart, Rasheed Tate, Mary Thomas, Joan Tilley, Mary Ann Tollefson, Thomas Walker, George Washington, Fredrick Wells, Meghan Wheeler, Jazmin Wilson, Lisa Wyatt and Ashley Young |
| General Motors L.L.C. |
| King & Spalding LLP |
| 1:2015cv05222 |
| July 6, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M. Furman |
| Tort Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
339
ORDER OF DISMISSAL... Ms. Bhandaris 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 Sunita Bhandari as a party in 14-MD-2543 and 15-CV-5222. In accordance with the April 6 Order, New GM shall serve a copy of this Order on Ms. Bhandari and file proof of such service. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED., (Sunita Bhandari and Sunita Bhandari terminated.) (Signed by Judge Jesse M. Furman on 11/9/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF (yv)
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Filing
334
ORDER OF DISMISSAL... In light of Ms. Bhandari's failure to file an amended and severed complaint by the deadline set in the April 6 Order, as extended, see ECF Nos. 8036, 8123, her claims are hereby DISMISSED without prejudice. Per Paragrap h 5 of the April 6 Order, should Ms. Bhandari file an amended and severed complaint, a Related Case Statement, and a filing fee within the next thirty days, her dismissal will be vacated. If Ms. Bhandari does not submit the requisite filings withi n the next thirty days, the dismissal may be converted to a dismissal with prejudice upon the filing of a Second Notice of Non-Compliance by New GM. See April 6 Order ¶ 5. In accordance with the April 6 Order, New GM shall serve a copy of this Order on Ms. Bhandari and file proof of such service. See id. New GM shall also serve Ms. Bhandari with a copy of the April 6 Order, ECF No. 7836; the Court's order of July 10, 2020, ECF No. 8036; and the Court's order of August 24, 2020 , ECF No. 8123; and shall file proof of such service no later than October 1, 2020. In light of the process set forth in the April 6 Order and above, the Clerk of Court should not terminate Ms. Bhandari as a party at this time. The Court will direct the Clerk of Court to do so if or when Ms. Bhandari's claims are dismissed with prejudice. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/30/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF (yv)
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Filing
330
ORDER, The Court just received the letter attached as Exhibit A, dated August 1, 2020, from Ms. Bhandari. In her letter, Ms. Bhandari notes that "I will start looking back into the case and finding a new attorney once I get [a COVID-19] vac cination." If Ms. Bhandari wishes to pursue this case, she cannot defer the filing of an amended and severed complaint until the distribution of a COVID-19 vaccine, as that date is uncertain and may be months, if not years, in the future. In light of Ms. Bhandari's apparent confusion over the requirements of the April 6 Order and her pro se status, however, the Court will grant Ms. Bhandari one final extension to September 21, 2020. If Ms. Bhandari fails to file an amended and se vered complaint and to pay any associated filing fee by that date, New GM may file another notice that will result in Ms. Bhandari's dismissal without prejudice. To the extent that Ms. Bhandari's letter includes a "Petition for... tra nsfer of case to Eastern Federal Court of Philadelphia," the Court construes that request as a motion to remand he case to the U.S. District Court for the Eastern District of Pennsylvania. Ms. Bhandari provides no basis for that request, whic h is hereby DENIED. As a pro se litigant, Ms. Bhandari should send all communications by mail to the Pro Se Intake Unit, 40 Centre Street, Room 105, New York, NY 10007. New GM shall serve Ms. Bhandari with a copy of this order; the April 6 Order, ECF No. 7836; and the Court's order of July 10, 2020, ECF No. 8036, and shall file proof of such service no later than August 26, 2020. SO ORDERED. ( Amended Pleadings due by 9/21/2020.) (Signed by Judge Jesse M. Furman on 8/24/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF (yv)
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Filing
328
ORDER OF DISMISSAL... Mr. Green'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 noncom pliant plaintiffs' complaints"). The Clerk of Court is directed to terminate Sederick Green as a party in 14-MD-2543 and 15-CV-5222, and, if there are no remaining plaintiffs in 15-CV-5222, to close that case. In accordance with the April 6 Order, New GM shall serve a copy of this Order on Mr. Green and file proof of such service. SO ORDERED., (Sederick Green and Sederick Green terminated.) (Signed by Judge Jesse M. Furman on 8/14/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF (yv)
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Filing
325
ORDER granting (8068) Motion to Dismiss in case 1:14-md-02543-JMF; granting (323) Motion to Dismiss in case 1:15-cv-05222-JMF. On July 29, 2020, New GM filed an unopposed motion to dismiss with prejudice the claims of Plaintiffs Alner S immonds and Mamoon Sinnokrot, on the grounds that Plaintiffs Simmonds and Sinnokrot have passed away and that no motion for substitution was made within 90 days of the filings of suggestions of death, as required by Federal Rule of Civi l Procedure 25(a)(1). See ECF Nos. 7874, 7875. Substantially for the reasons in New GM's memorandum of law, ECF No. 8070, the Court GRANTS New GM's motion. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8068 and 15-CV-5222, ECF No. 323. The Clerk of Court is further directed to terminate Alner Simmonds and Mamoon Sinnokrot as parties in 14-MD-2543 and in 15-CV-5222. (Signed by Judge Jesse M. Furman on 7/30/2020) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF (mro)
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Filing
319
ORDER OF DISMISSAL... In light of Mr. Green's failure to file an amended and severed complaint by the deadline set in the April 6 Order, his claims are hereby DISMISSED without prejudice. Per Paragraph 6 of the April 6 Order, should Mr. Gree n file an amended and severed complaint, a Related Case Statement, and a filing fee within the next thirty days, his dismissal will be vacated. If Mr. Green does not submit the requisite filings within the next thirty days, New GM may move to dismi ss his claims with prejudice. See April 6 Order ¶ 6. The Court declines, however, to dismiss Ms. Bhandari's claims at this time. Nevertheless, in light of the misunderstanding and Ms. Bhandari's apparent intent to continue pursuing h er claims and out of an abundance of caution, mindful that Ms. Bhandari is now proceeding pro se the Court EXTENDS Ms. Bhandari's deadline to file an amended and severed complaint to thirty days from the date of this Order. If Ms. Bhandari fails to file an amended and severed complaint in the United States District Court for the Southern District of New York on or before August 9, 2020, and to pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. § 1914(a), New GM may file another notice that will result in Ms. Bhandari's dismissal without prejudice. In light of the process set forth in the April 6 Order and above, the Clerk of Court should not terminate Mr. Green as a party at this time. The Co urt will direct the Clerk of Court to do so if or when Mr. Green claims are dismissed with prejudice. In accordance with the April 6 Order, New GM shall serve a copy of this Order on the Affected Plaintiffs and file proof of such service. See April 6 Order In light of the process set forth in the April 6 Order and above, the Clerk of Court shouldnot terminate Mr. Green as a party at this time. The Court will direct the Clerk of Court to do soif or when Mr. Green claims are dismissed with preju dice.In accordance with the April 6 Order, New GM shall serve a copy of this Order on theAffected Plaintiffs and file proof of such service. See April 6 Order ¶ 5.SO ORDERED. (Signed by Judge Jesse M. Furman on 7/10/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF (yv)
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Filing
305
ORDER granting (7870) Motion to Vacate in case 1:14-md-02543-JMF. Application GRANTED, except to the extent that it requires docket entries to be removed. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 7870 and 15-CV-5222, ECF Nos. 296 and 302, and to vacate 14-MD-2543, ECF No. 7857 and 15-CV-5222, ECF No. 299. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/23/2020) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF (jca)
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Filing
299
ORDER. On April 15, 2020, Bailey Cowan Heckaman PLLC and Pulaski Law Firm, PLLC (the "Firms") filed Motions to Withdraw as Counsel for Plaintiffs Mamoon Sinnokrot, Deceased, and Alner Simmonds, Deceased (the "Affected Plaintiffs") . See 15-MD-5222, ECF Nos. 295, 296. Any opposition to the Firms' Motions - by the Affected Plaintiffs' estates or legal representatives, New GM, or otherwise - shall be filed no later than three 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 Affected Plaintiffs' estates or legal representatives and to docket proof of such service no later than April 21, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/17/2020) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF (rjm)
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Filing
279
ORDER: Following Order No. 166 and Judge Furman's memo endorsement of January 9, 2020 (Dkt. No. 7668), which afforded the parties additional time to discuss settlement of Ms. Bhandari's case, the undersigned hereby directs that a confere nce call take place on January 24, 2020 at 10:30 a.m. (EST) with the following participants: Robert Cowan and/or Laurence Tien, counsel for Ms. Bhandari; Lien Administrator Will Shapiro and/or Clayton Starnes; Kenneth Kapner, workers' compens ation counsel for Ms. Bhandari; and Ms. Bhandari. No representative from GM shall participate in this call. The Court will have separate conversations with GM. Mr. Cowan is directed to provide a conference call number for the parties, and he shou ld email it to CottNYSDChambers@nysd.uscourts.gov. SO ORDERED. (Telephone Conference set for 1/24/2020 at 10:30 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 1/16/2020) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF(jca)
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Filing
272
ORDER. The Court has received another settlement-related communication - namely, an email - from Sunita Bhandari, a counseled plaintiff in 15-CV-5222. In light of Magistrate Judge Cott's experience with this matter, see 14-MD-2543, ECF Nos. 69 84, 7503, and pursuant to the Standing Order of Reference in the MDL, see 14-MD-2543, ECF No. 2816, the Court has forwarded these materials to Judge Cott. Going forward, Ms. Bhandari and her counsel in this matter shall submit any settlementrelate d materials and inquiries to Magistrate Judge Cott, in accordance with his Individual Rules of Practice, available at https://nysd.uscouts.gov/hon-james-l-cott. Further, to the extent Ms. Bhandari communicates with the undersigned, she must do so b y sending a copy of her submission to the Pro Se Intake Unit, 40 Centre Street, Room 105, New York, NY 10007; she may not email or send anything directly to Chambers. Any further communications that do not comply with the foregoing will be disrega rded; the Court will not note their receipt on the docket or forward them to Magistrate Judge Cott. Plaintiff's counsel is directed to provide a copy of this Order to Ms. Bhandari. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/10/19) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF(yv)
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Filing
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ORDER: The Court has received additional settlement-related materials and inquiries from Sunita Bhandari, a counseled plaintiff in 15-CV-5222. In light of Magistrate Judge Cott's experience with this matter, see 14-MD-2543, ECF No. 6984, and pur suant to the Standing Order of Reference in the MDL, see 14-MD-2543, ECF No. 2816, the Court has forwarded these materials to Judge Cott. The Court will defer to Judge Cott to decide whether a conference is appropriate and whether the communications containing Ms. Bhandari's settlement-related inquiries should be filed and maintained under seal. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/25/2019) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF(ama)
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