Schmidt v. General Motors LLC et al

Plaintiff: D. Maria Schmidt
Defendant: General Motors L.L.C. and Ashton Begay
Case Number: 1:2018cv00227
Filed: January 11, 2018
Court: New York Southern District Court
Office: Foley Square Office
Presiding Judge: Jesse M. Furman
Nature of Suit: Motor Vehicle Product Liability
Cause of Action: 28:1441
Jury Demanded By: None

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Date Filed#Document Text
June 11, 2018 43 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER re: (21 in 1:18-cv-00227-JMF) MOTION to Remand filed by D. Maria Schmidt, (5017 in 1:14-md-02543-JMF) MOTION to Remand filed by D. Maria Schmidt. The Court certainly understands New G M's interest in seeking to bring this case to federal court and make it part of the MDL. As the Court noted in Synott, it has "largely been able to manage and oversee the claims of several thousand plaintiffs in a manner that promotes ef ficiency and minimizes the risks of inconsistent rulings and unnecessary duplication of effort." 2017 WL 5195234, at *5. Nevertheless, the bankruptcy of Old GM does not provide New GM with an open-ended ticket to remove cases from state cour t at will merely because they involve vehicles manufactured by Old GM. Where, as here, the relevant legal principles have been settled and all that is left is to apply those principles to a case in a straightforward manner, the arguments for re moval fall short. Accordingly, Schmidt's motion to remand this case to the First Judicial District Court in Santa Fe, New Mexico is GRANTED. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 5017 and 18-CV-227, Docket No. 21; to remand 18-CV-227 back to the First Judicial District Court in Santa Fe, New Mexico; and to then close 18-CV-227. (Signed by Judge Jesse M. Furman on 6/11/2018) Filed In Associated Cases: 1:14-md-02543-JMF, 1:18-cv-00227-JMF(mro)

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Plaintiff: D. Maria Schmidt
Represented By: Rosalind Bienvenu
Represented By: John M. Black
Represented By: Brett A. Emison
Represented By: Justin Ross Kaufman
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Defendant: General Motors L.L.C.
Represented By: Patrick M Shay
Represented By: Taylor Zangara
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Defendant: Ashton Begay
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