Polanowski v. General Motors, LLC
| Mark Polanowski |
| General Motors, LLC |
| 1:2018cv06350 |
| July 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M Furman |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. ยง 1332 pl |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2018. A more recent docket listing may be available from PACER.
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Filing 9
ORDER NO. 154 [REGARDING THE AUGUST 21, 2018 STATUS CONFERENCE]: The Court, having held a Status Conference on August 21, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' August 17, 2018 tentative agenda letter and the Court's August 20, 2018 Order (Docket Nos. 5942, 5946), issues this Order to memorialize the actions taken and rulings made at the Status Conference. I. NEXT STATUS CONFERENCE: A Status Conference will be held Friday, November 2, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. III. PERSONAL INJURY SUCCESSOR LIABILITY ISSUES: Consistent with the Court's comments at the Status Conference, the Court adopts the following schedule as next steps for personal injury successor liability issues: (i) by Friday, November 9, 2018, New GM will submit its opening brief, not to exceed 35 (double-spaced) pages, on the choice-of-law, domination and control, and implied liability issues raised by plaintiffs (Docket Nos. 5083, 5631); (ii) by Tuesday, December 18, 2018, plaintiffs will submit their consolidated response, not to exceed 35 (double-spaced) pages; (iii) by Friday, January 4, 2019, counsel for individual plaintiffs may file supplemental responses with leave of Court for good cause shown; and (iv) by Friday, January 25, 2019, New GM will submit its reply, not to exceed 15 (double-spaced) pages. VII. ECONOMIC LOSS EXPERT ISSUES: Consistent with the Court's comments at the Status Conference, the parties shall meet and confer by Monday, September 3, 2018 regarding the sur-rebuttal expert reports to be served by plaintiffs consistent with the Court's August 21, 2018 Order (Docket No. 5952). If the parties cannot resolve their dispute, New GM shall file a letter motion no later than Tuesday, September 4, 2018, and Lead Counsel will file their opposition by Wednesday, September 5, 2018. Further, by Wednesday, November 14, 2018, the parties shall submit a joint letter providing their position(s) on the necessity of a Daubert hearing. (Motions due by 11/19/2018, Responses due by 12/18/2018, Replies due by 1/25/2019. Status Conference set for 11/2/2018 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 8/27/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne)
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Filing 8
ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled for August 17, 2018, is ADJOURNED to August 21, 2018, at 9:30 a.m. Counsel shall promptly update the MDL website with the new time. SO ORDERED. (Status Conference set for 8/21/2018 at 09:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/30/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne)
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| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. General Motors, LLC served on 7/17/2018, answer due 8/7/2018. Service was accepted by CSC Lawyers. Document filed by Mark Polanowski. (Emison, Brett) |
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Filing 6
MDL CONSOLIDATION ORDER: Pursuant to the June 12, 2014 Order of the Judicial Panel on Multidistrict Litigation (JPML), In re: General Motors Ignition Switch Litigation, 14-MD-2543, has been assigned to this Court for coordinated or consolidated pretrial proceedings. (14-MD-2543, Docket No. 1). As this case, Polanowski v. General Motors LLC, 18-CV-6350, has been directly filed in this district and, based on the Court's review, appears to be within the scope of the multidistrict litigation, it is hereby ORDERED that it is transferred to 14-MD-2543 for coordinated or consolidated pretrial proceedings, subject to the process for objections set forth in Section II of Order No. 8. (14-MD-2543, Docket No. 249, at 4-5). Counsel is advised to consult the docket in 14-MD-2543, including Order Nos. 1 and 25 (14-MD-2543 Docket Nos. 19 and 422, respectively), as well as the GM Ignition Switch MDL website (http://gmignitionmdl.com), for other pertinent information. The Clerk of Court is directed to docket this Order in the above-captioned cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/17/2018) Filed In Associated Cases: 1:14-md-02543-JMF, 1:18-cv-06350-JMF(ne)
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| CONSOLIDATED MEMBER CASE: Create association to 1:14-md-02543-JMF. (ne) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to General Motors, LLC. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 14-MD-2543. (vf) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jc) |
| CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. Notice of Assignment to follow. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (jc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to General Motors, LLC, re: #1 Complaint. Document filed by Mark Polanowski. (Emison, Brett) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-MD-2543. Document filed by Mark Polanowski.(Emison, Brett) |
| Filing 2 CIVIL COVER SHEET filed. (Emison, Brett) |
| Filing 1 COMPLAINT against General Motors, LLC. (Filing Fee $ 400.00, Receipt Number 0208-15317733)Document filed by Mark Polanowski.(Emison, Brett) |
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| Defendant: General Motors, LLC | |
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| Plaintiff: Mark Polanowski | |
| Represented By: | Brett A. Emison |
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