Thomas v. General Motors, LLC
| Ronald Thomas, Jr. |
| General Motors, LLC |
| 1:2018cv07048 |
| August 6, 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. § 1332 mv |
| Plaintiff |
Docket Report
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Filing 14
ORDER NO. 156 [Regarding Next Steps for Pre-Sale Non-Ignition Switch Plaintiffs Subject to Order No. 148 Motions or Notices]: On June 22, 2018, the Court entered Order No. 152, directing Lead Counsel and counsel for New GM to meet and confer and submit joint or competing letters to the Court regarding next steps for certain Pre-Sale plaintiffs who filed amended and severed complaints pursuant to the Order No. 148 motions and notices process. (See Order No. 152, Docket No. 5789, at Paragraph 4.) On September 26, 2018, after meeting and conferring, Lead Counsel and counsel for New GM submitted a joint letter proposing next steps for these plaintiffs. The Court hereby adopts and orders the following procedures. 2. "No Plausibly Pleaded Defect/Causation" Cases: By Wednesday, December 5, 2018, with respect to the Pre-Sale Non-Ignition Switch Plaintiffs' operative complaints, New GM may file on the main MDL docket motions to dismiss the claims of those Pre-Sale Non-Ignition Switch Plaintiffs (if any) that New GM believes fail to state a claim under Federal Rule of Civil Procedure 12(b)(6). By Wednesday, January 9, 2019, counsel for Pre-Sale Non-Ignition Switch Plaintiffs included in the motions shall file on the main MDL docket (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims (specifically identifying which plaintiffs intend to amend their complaints). By Tuesday, January 29, 2019, those Pre-Sale Non-Ignition Switch Plaintiffs who agree to dismiss their claims will file voluntary dismissals, and counsel for Pre-Sale Non-Ignition Switch Plaintiffs who intend to withdraw will file motions to withdraw. 3. Statute of Limitations/Repose Cases: By Wednesday, December 5, 2018, with respect to the Pre-Sale Non-Ignition Switch Plaintiffs' operative complaints, New GM may file on the main MDL docket a notice identifying which claimants (if any) it believes are barred by the applicable statutes of limitation or repose. By Wednesday, January 9, 2019, counsel for Pre-Sale Non-Ignition Switch Plaintiffs included in the notice shall file on the main MDL docket (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the basis as to why those plaintiffs believe their claims are not barred. By Tuesday, January 29, 2019, those Pre-Sale Non-Ignition Switch Plaintiffs who agree to dismiss their claims will file voluntary dismissals, and counsel for Pre-Sale Non-Ignition Switch Plaintiffs who intend to withdraw will file motions to withdraw. (As further set forth in this order) SO ORDERED. (Motions due by 1/29/2019.) (Signed by Judge Jesse M. Furman on 10/4/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne)
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Filing 13
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 12 NOTICE of Identification of Non-Ignition Switch Plaintiffs' PFS and Document Deficiencies. Document filed by General Motors LLC. Filed In Associated Cases: 1:14-md-02543-JMF et al.(Bloomer, Andrew) |
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Filing 11
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 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss 25 Plaintiffs' Claims Under Federal Rule of Civil Procedure 12(b)(6). . Document filed by General Motors, LLC. (Attachments: #1 Exhibit A)(Bloomer, Andrew) |
| Filing 9 MOTION to Dismiss 25 Plaintiffs' Claims Under Federal Rule of Civil Procedure 12(b)(6). Document filed by General Motors, LLC.(Bloomer, Andrew) |
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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, Thomas v. General Motors LLC, 18-CV-7048, 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 8/10/2018) Filed In Associated Cases: 1:14-md-02543-JMF, 1:18-cv-07048-JMF(ne)
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| CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (ne) |
| Filing 7 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14md2543. Document filed by Ronald Thomas, Jr.(Toups, Mitchell) |
| Filing 6 NOTICE OF APPEARANCE by David Scalia on behalf of Ronald Thomas, Jr. (Scalia, David) |
| Filing 5 NOTICE OF APPEARANCE by James R. Dugan, II on behalf of Ronald Thomas, Jr. (Dugan, James) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Mitchell A. Toups to RE-FILE Document No. #4 Statement of Relatedness. The filing is deficient for the following reason(s): the existing case number is incorrect on the pdf;. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (jgo) |
| Filing 4 FILING ERROR - PDF ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 14md2543. Document filed by Ronald Thomas, Jr.(Toups, Mitchell) Modified on 8/7/2018 (jgo). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ronald Thomas, Jr.(Toups, Mitchell) |
| Filing 2 CIVIL COVER SHEET filed. (Toups, Mitchell) |
| Filing 1 COMPLAINT against General Motors, LLC. (Filing Fee $ 400.00, Receipt Number 0208-15413066)Document filed by Ronald Thomas, Jr.(Toups, Mitchell) |
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| Defendant: General Motors, LLC | |
| Represented By: | Andrew Baker Bloomer |
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| Plaintiff: Ronald Thomas, Jr. | |
| Represented By: | Mitchell A. Toups |
| Represented By: | David Scalia |
| Represented By: | James R. Dugan, II |
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