Mary Scruggs f/k/a Mary Dodson v. General Motors LLC
| Mary Scruggs, Michael Carroll, April Baker-Winfield, Penny Barber, Jared Brownley, Marian Butcher, Carmen Carletti, Melvin Coleman, James Coon, Tonia Coon, Mary Dodson, Elizabeth Dudley, Lillian Edmonds, Kimberly Erickson, Kevin Folmar, Amber Harris, Fannie Johnson, Andrew Kunshier, Jake Maiden, David Mangum, Robert McClure, Jennifer Middle, Dolores Pappas, Annette Shippee, Carrie Strege, Ella Tassell, Brianna Vargas, Scott Watson, Donald West, Chantell Woods, Elden Woods, Jennifer Lankford, ALL PLAINTIFFS and Gary Peller |
| General Motors L.L.C. |
| Brenda Gregory |
| 1:2015cv08324 |
| October 22, 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. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 3, 2017. A more recent docket listing may be available from PACER.
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Filing 54
RESPONSE to Discovery Request from Stoneridge.Document filed by Stoneridge, Inc..Associated Cases: 1:14-md-02543-JMF et al.(Ward, Ashley)
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Filing 53
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) Filed In Associated Cases: 1:14-md-02543-JMF et al. (mro) Modified on 2/3/2017 (mro).
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Filing 52
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) Filed In Associated Cases: 1:14-md-02543-JMF et al., as per Chambers. (mro)
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Filing 51
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) Filed In Associated Cases: 1:14-md-02543-JMF et al.(mro) Modified on 1/4/2017 (mro).
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Filing 50
ORDER NO 116 - Regarding the Agenda for the November 10, 2016 Status Conference: In addition to the agenda items set forth in the Court's 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) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)
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Filing 49
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) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)
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Filing 48
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) (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.) (Signed by Judge Jesse M. Furman on 10/20/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al.(kl)
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Filing 47
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) Filed In Associated Cases: 1:14-md-02543-JMF et al.(lmb)
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Filing 46
NOTICE OF CHANGE OF ADDRESS by Domenick Giovanni Lazzara on behalf of Nephthys Proctor. New Address: Lee & Lazzara, PLLC, 3804 W. North B Street, Tampa, FL, United States 33609, 8136064533. Filed In Associated Cases: 1:14-md-02543-JMF et al.(Lazzara, Domenick)
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Filing 45
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (tn)
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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. Associated Cases: 1:14-md-02543-JMF et al.(tn)
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Set/Reset Deadlines: Brief due by 10/6/2016. Associated Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 44
ORDER granting (3204) Letter Motion for Extension of Time to submit the parties' disputes regarding plaintiffs proposed Valukas Report excerpts and the parties competing proposed jury submissions in case 1:14-md-02543-JMF. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) Filed In Associated Cases: 1:14-md-02543-JMF et al. (Furman, Jesse) Modified on 8/16/2016 (ab).
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Mailed a copy of (20 in 1:16-cv-03923-JMF, 3162 in 1:14-md-02543-JMF) Order, to Marjorie A. Creamer 705 S. Monroe St. Smith Center, KS 66967. Filed In Associated Cases: 1:14-md-02543-JMF et al.(ca)
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Filing 43
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) Filed In Associated Cases: 1:14-md-02543-JMF et al, per Chambers. (kko)
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Filing 42
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 41
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. (kko)
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Filing 40
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 order-or, if the parties are unable to reach agreement, competing letter briefs not to exceed five single-spaced pages-regarding 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) Filed In Associated Cases: 1:14-md-02543-JMF et al., as per Chambers. (mro) Modified on 6/23/2016 (mro). Modified on 7/18/2016 (mro).
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Filing 39
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 38
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn) Modified on 6/14/2016 (tn).
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Filing 37
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 36
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 6/8/2016) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 35
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 34
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) Filed In Associated Cases: 1:14-md-02543-JMF et al, as per Chambers.(mro) Modified on 5/27/2016 (mro).
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Filing 33
ORDER FOR ADMISSION PRO HAC VICE in case 2:14-cv-02458-JMF; granting (2838) Motion for Hariklia Karis to Appear Pro Hac Vice in case 1:14-md-02543-JMF. The Clerk of Court is directed to terminate Docket No. 2838. (Signed by Judge Jesse M. Furman on 5/9/2016) ***As per instructions from chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (tn)
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Filing 32
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn) Modified on 5/3/2016 (tn).
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Filing 31
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 30
NOTICE of Notice of Conflict within the Plaintiffs' Group. Document filed by Berenice Summerville. Filed In Associated Cases: 1:14-md-02543-JMF et al.(Peller, Gary)
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Filing 29
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) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ama)
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Filing 28
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 27
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 26
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 25
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)
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Filing 24
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 23
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 22
ORDER FOR MOTION FOR ADMISSION PRO HAC VICE in case 2:14-cv-02458-JMF; granting (2041) Motion for Nicholas Styant-Browne to Appear Pro Hac Vice in case 1:14-md-02543-JMF. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 1/11/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al. (cf)
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Filing 21
MEMO ENDORSEMENT on re: (1997 in 1:14-md-02543-JMF) Letter, filed by General Motors LLC. ENDORSEMENT: The Court agrees. Pursuant to the procedures set forth in Section X of Order No. 77, the parties shall file the relevant materials on ECF or with Sealed Records no later than January 12, 2016. (Signed by Judge Jesse M. Furman on 1/7/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 20
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Set/Reset Deadlines: Brief due by 8/5/2016. Responses to Brief due by 1/26/2016 Associated Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 19
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 18
ORDER terminating (159) Letter Motion for Extension of Time to Amend in case 2:14-cv-02458-JMF; terminating (159) Letter Motion for Extension of Time to Amend in case 2:14-cv-02713-JMF; terminating (159) Letter Motion for Extension of Time to Amend in case 1:14-cv-02714-JMF; terminating (159) Letter Motion for Extension of Time to Amend in case 1:14-cv-03326-JMF; terminating (155) Letter Motion for Extension of Time to Amend in case 1:14-cv-03298-JMF; terminating (1883) Letter Motion for Extension of Time to Amend in case 1:14-md-02543-JMF; terminating (188) Letter Motion for Extension of Time to Amend in case 1:14-cv-04226-JMF; terminating (172) Letter Motion for Extension of Time to Amend in case 1:14-cv-04265-JMF; terminating (208) Letter Motion for Extension of Time to Amend in case 1:14-cv-04267-JMF; terminating (199) Letter Motion for Extension of Time to Amend in case 1:14-cv-04268-JMF; terminating (173) Letter Motion for Extension of Time to Amend in case 1:14-cv-04270-JMF; terminating (201) Letter Motion for Extension of Time to Amend in case 1:14-cv-04272-JMF; terminating (172) Letter Motion for Extension of Time to Amend in case 1:14-cv-04273-JMF; terminating (166) Letter Motion for Extension of Time to Amend in case 1:14-cv-04338-JMF; terminating (199) Letter Motion for Extension of Time to Amend in case 1:14-cv-04339-JMF; terminating (159) Letter Motion for Extension of Time to Amend in case 1:14-cv-04340-JMF; terminating (230) Letter Motion for Extension of Time to Amend in case 1:14-cv-04342-JMF; terminating (173) Letter Motion for Extension of Time to Amend in case 1:14-cv-04345-JMF; terminating (179) Letter Motion for Extension of Time to Amend in case 1:14-cv-04346-JMF; terminating (166) Letter Motion for Extension of Time to Amend in case 1:14-cv-04348-JMF; terminating (166) Letter Motion for Extension of Time to Amend in case 1:14-cv-04350-JMF; terminating (170) Letter Motion for Extension of Time to Amend in case 1:14-cv-04630-JMF; terminating (164) Letter Motion for Extension of Time to Amend in case 1:14-cv-04632-JMF; terminating (159) Letter Motion for Extension of Time to Amend in case 1:14-cv-04637-JMF; terminating (161) Letter Motion for Extension of Time to Amend in case 1:14-cv-04641-JMF; terminating (167) Letter Motion for Extension of Time to Amend in case 1:14-cv-04650-JMF; terminating (157) Letter Motion for Extension of Time to Amend in case 1:14-cv-04661-JMF; terminating (162) Letter Motion for Extension of Time to Amend in case 1:14-cv-04662-JMF; terminating (159) Letter Motion for Extension of Time to Amend in case 1:14-cv-04667-JMF; terminating (160) Letter Motion for Extension of Time to Amend in case 1:14-cv-04672-JMF; terminating (166) Letter Motion for Extension of Time to Amend in case 1:14-cv-04676-JMF; terminating (159) Letter Motion for Extension of Time to Amend in case 1:14-cv-04684-JMF; terminating (154) Letter Motion for Extension of Time to Amend in case 1:14-cv-04686-JMF; terminating (167) Letter Motion for Extension of Time to Amend in case 1:14-cv-04690-JMF; terminating (176) Letter Motion for Extension of Time to Amend in case 1:14-cv-04691-JMF; terminating (176) Letter Motion for Extension of Time to Amend in case 1:14-cv-04692-JMF; terminating (161) Letter Motion for Extension of Time to Amend in case 1:14-cv-04685-JMF; terminating (181) Letter Motion for Extension of Time to Amend in case 1:14-cv-04699-JMF; terminating (178) Letter Motion for Extension of Time to Amend in case 1:14-cv-04701-JMF; terminating (167) Letter Motion for Extension of Time to Amend in case 1:14-cv-04702-JMF; terminating (165) Letter Motion for Extension of Time to Amend in case 1:14-cv-04704-JMF; terminating (169) Letter Motion for Extension of Time to Amend in case 1:14-cv-04707-JMF; terminating (157) Letter Motion for Extension of Time to Amend in case 1:14-cv-04714-JMF; terminating (174) Letter Motion for Extension of Time to Amend in case 1:14-cv-04715-JMF; terminating (171) Letter Motion for Extension of Time to Amend in case 1:14-cv-04717-JMF; terminating (162) Letter Motion for Extension of Time to Amend in case 1:14-cv-04720-JMF; terminating (182) Letter Motion for Extension of Time to Amend in case 1:14-cv-04727-JMF; terminating (160) Letter Motion for Extension of Time to Amend in case 1:14-cv-04731-JMF; terminating (165) Letter Motion for Extension of Time to Amend in case 1:14-cv-04732-JMF; terminating (165) Letter Motion for Extension of Time to Amend in case 1:14-cv-04738-JMF; terminating (166) Letter Motion for Extension of Time to Amend in case 1:14-cv-04741-JMF; terminating (202) Letter Motion for Extension of Time to Amend in case 1:14-cv-04751-JMF; terminating (168) Letter Motion for Extension of Time to Amend in case 1:14-cv-04752-JMF; terminating (166) Letter Motion for Extension of Time to Amend in case 1:14-cv-04754-JMF; terminating (166) Letter Motion for Extension of Time to Amend in case 1:14-cv-04755-JMF; terminating (185) Letter Motion for Extension of Time to Amend in case 1:14-cv-04756-JMF; terminating (160) Letter Motion for Extension of Time to Amend in case 1:14-cv-04758-JMF; terminating (152) Letter Motion for Extension of Time to Amend in case 1:14-cv-04759-JMF; terminating (152) Letter Motion for Extension of Time to Amend in case 1:14-cv-04760-JMF; terminating (158) Letter Motion for Extension of Time to Amend in case 1:14-cv-04764-JMF; terminating (160) Letter Motion for Extension of Time to Amend in case 1:14-cv-04768-JMF; terminating (163) Letter Motion for Extension of Time to Amend in case 1:14-cv-04771-JMF; terminating (176) Letter Motion for Extension of Time to Amend in case 1:14-cv-04775-JMF; terminating (161) Letter Motion for Extension of Time to Amend in case 1:14-cv-04778-JMF; terminating (153) Letter Motion for Extension of Time to Amend in case 1:14-cv-04781-JMF; terminating (157) Letter Motion for Extension of Time to Amend in case 1:14-cv-04784-JMF; terminating (161) Letter Motion for Extension of Time to Amend in case 1:14-cv-04798-JMF; terminating (163) Letter Motion for Extension of Time to Amend in case 1:14-cv-04799-JMF; terminating (152) Letter Motion for Extension of Time to Amend in case 1:14-cv-04801-JMF; terminating (160) Letter Motion for Extension of Time to Amend in case 1:14-cv-04802-JMF; terminating (165) Letter Motion for Extension of Time to Amend in case 1:14-cv-04804-JMF; terminating (174) Letter Motion for Extension of Time to Amend in case 1:14-cv-04808-JMF; terminating (158) Letter Motion for Extension of Time to Amend in case 1:14-cv-04810-JMF; terminating (167) Letter Motion for Extension of Time to Amend in case 1:14-cv-04811-JMF; terminating (153) Letter Motion for Extension of Time to Amend in case 1:14-cv-04857-JMF; terminating (154) Letter Motion for Extension of Time to Amend in case 1:14-cv-04858-JMF; terminating (161) Letter Motion for Extension of Time to Amend in case 1:14-cv-04859-JMF; terminating (139) Letter Motion for Extension of Time to Amend in case 1:14-cv-05035-JMF; terminating (153) Letter Motion for Extension of Time to Amend in case 1:14-cv-05137-JMF; terminating (150) Letter Motion for Extension of Time to Amend in case 1:14-cv-05323-JMF; terminating (153) Letter Motion for Extension of Time to Amend in case 1:14-cv-05325-JMF; terminating (171) Letter Motion for Extension of Time to Amend in case 1:14-cv-05326-JMF; terminating (186) Letter Motion for Extension of Time to Amend in case 1:14-cv-05331-JMF; terminating (148) Letter Motion for Extension of Time to Amend in case 1:14-cv-05332-JMF; terminating (178) Letter Motion for Extension of Time to Amend in case 1:14-cv-05336-JMF; terminating (141) Letter Motion for Extension of Time to Amend in case 1:14-cv-05338-JMF; terminating (154) Letter Motion for Extension of Time to Amend in case 1:14-cv-05340-JMF; terminating (148) Letter Motion for Extension of Time to Amend in case 1:14-cv-05345-JMF; terminating (141) Letter Motion for Extension of Time to Amend in case 1:14-cv-05347-JMF; terminating (161) Letter Motion for Extension of Time to Amend in case 1:14-cv-05349-JMF; terminating (152) Letter Motion for Extension of Time to Amend in case 1:14-cv-05350-JMF; terminating (158) Letter Motion for Extension of Time to Amend in case 1:14-cv-05351-JMF; terminating (150) Letter Motion for Extension of Time to Amend in case 1:14-cv-05356-JMF; terminating (147) Letter Motion for Extension of Time to Amend in case 1:14-cv-05358-JMF; terminating (144) Letter Motion for Extension of Time to Amend in case 1:14-cv-05328-JMF; terminating (152) Letter Motion for Extension of Time to Amend in case 1:14-cv-05458-JMF; terminating (182) Letter Motion for Extension of Time to Amend in case 1:14-cv-05461-JMF; terminating (153) Letter Motion for Extension of Time to Amend in case 1:14-cv-05501-JMF; terminating (147) Letter Motion for Extension of Time to Amend in case 1:14-cv-05503-JMF; terminating (142) Letter Motion for Extension of Time to Amend in case 1:14-cv-05506-JMF; terminating (145) Letter Motion for Extension of Time to Amend in case 1:14-cv-05746-JMF; terminating (145) Letter Motion for Extension of Time to Amend in case 1:14-cv-05750-JMF; terminating (143) Letter Motion for Extension of Time to Amend in case 1:14-cv-05752-JMF; terminating (145) Letter Motion for Extension of Time to Amend in case 1:14-cv-05754-JMF; terminating (136) Letter Motion for Extension of Time to Amend in case 1:14-cv-05715-JMF; terminating (148) Letter Motion for Extension of Time to Amend in case 1:14-cv-05880-JMF; terminating (153) Letter Motion for Extension of Time to Amend in case 1:14-cv-05881-JMF; terminating (146) Letter Motion for Extension of Time to Amend in case 1:14-cv-05850-JMF; terminating (181) Letter Motion for Extension of Time to Amend in case 1:14-cv-05810-JMF; terminating (143) Letter Motion for Extension of Time to Amend in case 1:14-cv-06018-JMF; terminating (133) Letter Motion for Extension of Time to Amend in case 1:14-cv-06830-JMF; terminating (141) Letter Motion for Extension of Time to Amend in case 1:14-cv-06924-JMF; terminating (140) Letter Motion for Extension of Time to Amend in case 1:14-cv-07224-JMF; terminating (125) Letter Motion for Extension of Time to Amend
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Filing 17
LETTER MOTION for Extension of Time to Amend Elliott, Sesay and Bledsoe Complaints addressed to Judge Jesse M. Furman from Gary Peller dated December 15, 2015. Document filed by Berenice Summerville.Filed In Associated Cases: 1:14-md-02543-JMF et al.(Peller, Gary)
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Filing 16
ORDER: On December 11, 2015, New GM submitted via email proposed redactions - to which Plaintiffs consented - for four exhibits to the crime-fraud motion to compel briefing. (See Docket No. 1794). The Court agrees that these redactions are narrowly tailored to personal and confidential information, and are 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). No later than December 18, 2015, New GM shall file the redacted versions on ECF and the unredacted versions with Sealed Records, to the extent the parties have not already done so. (Signed by Judge Jesse M. Furman on 12/14/2015) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 15
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. (Brief due by 8/5/2016. Motions due by 9/26/2016. 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) (Signed by Judge Jesse M. Furman on 12/14/2015) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn) Modified on 1/5/2016 (tn).
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Filing 14
ORDER APPROVING THE ESTABLISHMENT OF THE 2015 NEW GM IGNITION SWITCH QUALIFIED SETTLEMENT FUND granting (1798) Motion to Approve in case 1:14-md-02543-JMF: Establishment of the 2015 New GM Ignition Switch Qualified Settlement Fund (the "Trust") is approved in accordance with the terms of the trust agreement (the "Trust Agreement"), which is attached to the motion, and the Court retains continuing jurisdiction and supervision thereof, in accordance with the terms of the Trust Agreement. The Trust is a "qualified settlement fund" within the meaning of section 468B of the Internal Revenue Code and the Treasury Regulations thereunder, and shall be operated in a manner consistent with the rules of Treasury Regulation Section 1.468B-1, et seq. The Clerk of Court is directed to terminate Docket No. 1798. (Signed by Judge Jesse M. Furman on 12/11/2015) ***As Filed In Associated Cases: 1:14-md-02543-JMF et al. (tn)
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Filing 13
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (tn)
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Filing 12
MEMO ENDORSEMENT on (1659 in case number 14md2543) denying (1577) Motion to Dismiss in case 1:14-md-02543-JMF. ENDORSEMENT: New GM has not contested Lead Counsel's certification that Ms. Glyttov has met the requirements of Order No. 25. Accordingly, its motion to dismiss Ms. Glyttov is DENIED. The Clerk of Court is directed to terminate Docket No. 1577. (Signed by Judge Jesse M. Furman on 12/9/2015) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (tn)
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Filing 11
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 10
LETTER addressed to Judge Jesse M. Furman from Gary Peller dated December 3, 2015 re: Status Hearing November 20, 2015. Document filed by Berenice Summerville.Filed In Associated Cases: 1:14-md-02543-JMF et al.(Peller, Gary)
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Filing 9
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (tn) Modified on 12/1/2015 (tn).
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Set/Reset Hearings: 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 09:00 AM 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. Associated Cases: 1:14-md-02543-JMF et al.(tn) Modified on 12/1/2015 (tn).
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Set/Reset Deadlines: 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 Associated Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 8
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 7
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) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 6
LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated November 11, 2015 re: Service of Order No. 69 on Plaintiffs. Document filed by General Motors L.L.C.. (Attachments: #1 Exhibit 1)(Bloomer, Andrew)
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Filing 5
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) ***As per chambers, Filed In Associated Cases: 1:14-md-02543-JMF et al.(tn)
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Filing 4
MDL TRANSFERRED IN from the United States District Court - District of Texas Southern; Case Number: 4:15-cv-02852. Original file certified copy of transfer order and docket entries received. (sjo)
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CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. (sjo)
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CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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Magistrate Judge James L. Cott is so designated. (sjo)
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Case Designated ECF. (sjo)
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Interdistrict transfer to Southern District of New York. Case transferred electronically. (lgouadi, 4) [Transferred from Texas Southern on 10/22/2015.]
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Filing 3
JPML CONDITIONAL TRANSFER ORDER (59) transferring case to Southern District of New York to be included in MDL Docket No. 2543. (lgouadi, 4) [Transferred from Texas Southern on 10/22/2015.]
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/15/2016 at 09:30 AM in Courtroom 8B before Judge Alfred H. Bennett(Signed by Judge Alfred H. Bennett) Parties notified.(mlothmann, 4) [Transferred from Texas Southern on 10/22/2015.]
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-15500375) filed by Michael Carroll. (Attachments: #1 Exhibit A)(Bailey, K) [Transferred from Texas Southern on 10/22/2015.]
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