Brown-Washington v. General Motors, LLC
Patricia Brown-Washington |
General Motors, LLC |
1:2018cv08270 |
September 11, 2018 |
US District Court for the Southern District of New York |
Jesse M Furman |
Motor Vehicle Prod. Liability |
28 U.S.C. ยง 1332 pl |
Plaintiff |
Docket Report
This docket was last retrieved on November 8, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 13 ORDER NO. 157 [Regarding the November 2, 2018 Status Conference]: The Court, having held a status conference on November 2, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' October 26, 2018 tentative agenda letter and the Court's November 1, 2018 Order (Docket Nos. 6220, 6250), 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 Wednesday, January 23, 2019, at 9:00 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Upon reflection, the Court agrees with Lead Counsel that it is appropriate to set at least a tentative date for the economic loss bellwether trial. Unless and until the Court orders otherwise, trial will begin on Monday, January 13, 2020, at 9:00 a.m. (For now, the Court is allotting a maximum of five weeks for the trial.) The parties should be prepared to address at a future status conference a proposed schedule for pretrial deadlines. V. SETTLEMENT Consistent with the Court's comments at the Status Conference, the parties should continue to keep the Court apprised of developments regarding settlement. SO ORDERED. (Jury Trial set for 1/13/2020 at 09:00 AM before Judge Jesse M. Furman. Status Conference set for 1/23/2019 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/8/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) |
Filing 12 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) |
Filing 11 SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. General Motors, LLC served on 9/27/2018, answer due 10/18/2018. Service was accepted by CSC Lawyers. Document filed by Patricia Brown-Washington. (Emison, Brett) |
Filing 10 ELECTRONIC AMENDED SUMMONS ISSUED as to General Motors, LLC. (sj) |
Filing 9 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to General Motors, LLC, re: #8 Amended Complaint. Document filed by Patricia Brown-Washington. (Emison, Brett) |
Filing 8 FIRST AMENDED COMPLAINT amending #1 Complaint against General Motors, LLC with JURY DEMAND.Document filed by Patricia Brown-Washington. Related document: #1 Complaint.(Emison, Brett) |
Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. General Motors, LLC served on 9/17/2018, answer due 10/9/2018. Service was accepted by CSC Lawyers. Document filed by Patricia Brown-Washington. (Emison, Brett) |
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, Brown-Washington v. General Motors LLC, 18-CV-8270, 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 9/12/2018) Filed In Associated Cases: 1:14-md-02543-JMF, 1:18-cv-08270-JMF(ne) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to General Motors, LLC. (pne) |
CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (ne) |
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) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
CASE REFERRED TO Judge Jesse M. Furman as possibly related to 14MD2543. (pne) |
Case Designated ECF. (pne) |
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) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to General Motors, LLC, re: #1 Complaint. Document filed by Patricia Brown-Washington. (Emison, Brett) |
Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-MD-2543. Document filed by Patricia Brown-Washington.(Emison, Brett) |
Filing 2 CIVIL COVER SHEET filed. (Emison, Brett) |
Filing 1 COMPLAINT against General Motors, LLC. (Filing Fee $ 400.00, Receipt Number 0208-15556264)Document filed by Patricia Brown-Washington.(Emison, Brett) |
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Plaintiff: Patricia Brown-Washington | |
Represented By: | Brett A. Emison |
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Defendant: General Motors, LLC | |
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