Sims v. General Motors, LLC
Plaintiff: David E. Sims
Defendant: General Motors, LLC
Case Number: 1:2018cv07951
Filed: August 30, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 pl
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 4, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2018 Opinion or Order Filing 9 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)
September 12, 2018 Opinion or Order Filing 8 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)
September 7, 2018 Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. General Motors, LLC served on 9/6/2018, answer due 9/27/2018. Service was accepted by CSC Lawyers. Document filed by David E. Sims. (Emison, Brett)
September 5, 2018 Opinion or Order 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, Sims v. General Motors LLC, 18-CV-7951, 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 9/4/2018) Filed In Associated Cases: 1:14-md-02543-JMF, 1:18-cv-07951-JMF(ne) Modified on 9/5/2018 (ne).
September 5, 2018 CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (ne)
September 4, 2018 NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (bcu)
September 4, 2018 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. (bcu)
September 4, 2018 CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. Notice of Assignment to follow. (bcu)
August 31, 2018 Filing 5 ELECTRONIC SUMMONS ISSUED as to General Motors, LLC. (sj)
August 31, 2018 Case Designated ECF. (sj)
August 31, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
August 31, 2018 CASE REFERRED TO Judge Jesse M. Furman as possibly related to 1:14md2543. (sj)
August 30, 2018 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to General Motors, LLC, re: #1 Complaint. Document filed by David E. Sims. (Emison, Brett)
August 30, 2018 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-MD-2543. Document filed by David E. Sims.(Emison, Brett)
August 30, 2018 Filing 2 CIVIL COVER SHEET filed. (Emison, Brett)
August 30, 2018 Filing 1 COMPLAINT against General Motors, LLC. (Filing Fee $ 400.00, Receipt Number 0208-15515908)Document filed by David E. Sims.(Emison, Brett)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Sims v. General Motors, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: General Motors, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: David E. Sims
Represented By: Brett A. Emison
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?