Curcio et al v. General Motors, LLC
| William Curcio and Brandi Ware |
| General Motors, LLC |
| 1:2018cv06993 |
| August 3, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M Furman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2018. A more recent docket listing may be available from PACER.
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Filing 10
OPINION AND ORDER [Regarding Application of the Court's Prior Rulings on Manifestation, Incidental Damages (Lost Time), and Unjust Enrichment to All Remaining Jurisdictions in Dispute (MDL Order No. 131 Issues)]: In short, for all jurisdictions in dispute, the Court finds that manifestation is not required to bring statutory consumer protection, common-law fraud, and implied warranty claims. Second, for all but six of the jurisdictions in dispute, the Court finds that Plaintiffs may recover lost-time damages where "lost time" is understood as lost earnings or its equivalent, but not where "lost time" is understood as "lost personal time." In Colorado, New York, Ohio, Utah, Virginia, however, Plaintiffs may also recover lost personal time under the states' consumer protection statutes, and in Oklahoma, Plaintiffs may recover lost personal time for all claims. Finally, in every one of the ten still-disputed jurisdictions other than Connecticut, a plaintiff may plead unjust enrichment in the alternative only where the validity or enforceability of a contract is in question, and in seven out of the ten jurisdictions (all but Connecticut, New Hampshire, and Rhode Island), a plaintiff may not maintain an unjust enrichment claim if he or she has an adequate remedy at law. Attached as Exhibit A is a chart summarizing the Court's conclusions of law for all jurisdictions. The parties are directed to meet and confer and, within thirty days of the date of this Opinion and Order, shall jointly submit a stipulation and proposed order applying the Court's conclusions to the Plaintiffs and claims in the 5ACC. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/12/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne)
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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 11/9/2018, 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
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, Curcio v. General Motors LLC, 18-CV-6993, 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. (Signed by Judge Jesse M. Furman on 8/7/2018) Filed In Associated Cases: 1:14-md-02543-JMF, 1:18-cv-06993-JMF(mro)
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| CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (wb) |
| CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (mro) |
| 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. (wb) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to General Motors, LLC. (jgo) |
| Filing 6 CIVIL COVER SHEET filed. (Carlson, Craig) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 14-md-2543. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Craig Carlson. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None);. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Craig Carlson to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the incorrect Origin Code was selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-MD-2543. Document filed by William Curcio, Brandi Ware.(Carlson, Craig) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by William Curcio, Brandi Ware.(Carlson, Craig) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Carlson, Craig) Modified on 8/6/2018 (jgo). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to General Motors, LLC, re: #1 Complaint. Document filed by William Curcio, Brandi Ware. (Carlson, Craig) |
| Filing 1 COMPLAINT against General Motors, LLC. (Filing Fee $ 400.00, Receipt Number 0208-15403606)Document filed by William Curcio, Brandi Ware.(Carlson, Craig) |
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