Cyford v. General Motors, LLC
Plaintiff: Anna Cyford
Defendant: General Motors, LLC
Case Number: 1:2018cv10266
Filed: November 5, 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 December 13, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2018 Opinion or Order Filing 10 ORDER NO. 159 [Regarding the End of the Bellwether Trial Process for Personal Injury and Wrongful Death Cases]: As far as the Court is concerned, the settlement of the last two bellwether cases set for trial brings to a close the bellwether trial process in the MDL. That said, the parties should meet and confer with respect to whether the Court should schedule any additional bellwether trials in light of the settlements. The parties should be prepared to address that issue and, more broadly, the next steps for the remaining cases in Phase 2, Category C - including but not limited to whether or when those cases should be remanded (or transferred) to their respective transferor court - at the next status conference, which is currently scheduled for January 23, 2019. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/12/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne)
November 28, 2018 Opinion or Order Filing 9 ORDER NO. 158 [Regarding Application of the Court's Conclusions to the Fifth Amended Consolidated Complaint]: Accordingly, and for good cause shown, the Court ORDERS as follows: I. APPLICATION OF THE COURT'S CONCLUSIONS OF LAW TO THE 5ACC. A. Statutory Consumer Fraud Claims: Plaintiff Janelle Davis's statutory consumer fraud claim is dismissed with prejudice pursuant to the Court's September 12, 2018 order (Docket No. 6028), subject to Plaintiff's right to appeal. (See 5ACC Paragraph 152). B. Unjust Enrichment Claims: The following Plaintiffs' unjust enrichment claims are dismissed with prejudice pursuant to the Court's September 12, 2018 order (Docket No. 6028), subject to Plaintiffs' right to appeal. (Paragraph citations are to the 5ACC.) II. NO ANSWER TO THE 5ACC REQUIRED. No answer or other response to the 5ACC is required under the Court's prior orders. (See, e.g., Order No. 114 IV, Docket No. 3431; Order No. 131 Paragraph 12, Docket No. 4499; Docket No. 4522 (making clear that the only changes from the Fourth Amended Consolidated Complaint to the 5ACC were to substitute plaintiffs, not to substantively alter any allegations or claims)). SO ORDERED. (Signed by Judge Jesse M. Furman on 11/27/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne)
November 19, 2018 Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. General Motors, LLC served on 11/16/2018, answer due 12/7/2018. Service was accepted by CSC Lawyers. Document filed by Anna Cyford. (Emison, Brett)
November 8, 2018 Opinion or Order Filing 7 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)
November 7, 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 tothis Court for coordinated or consolidated pretrial proceedings. (14-MD-2543, Docket No. 1).As this case, Cyford v. General Motors LLC, 18-CV-10266, has been directly filed in this districtand, based on the Courts review, appears to be within the scope of the multidistrict litigation, itis hereby ORDERED that it is transferred to 14-MD-2543 for coordinated or consolidatedpretrial 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), aswell as the GM Ignition Switch MDL website (http://gmignitionmdl.com), for other pertinentinformation.The Clerk of Court is directed to docket this Order in the above-captioned cases. (Signed by Judge Jesse M. Furman on 11/6/2018) Filed In Associated Cases: 1:14-md-02543-JMF, 1:18-cv-10266-JMF(js)
November 7, 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. (wb)
November 7, 2018 CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (js)
November 7, 2018 NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (wb)
November 7, 2018 CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. Notice of Assignment to follow. (wb)
November 6, 2018 Filing 5 ELECTRONIC SUMMONS ISSUED as to General Motors, LLC. (pne)
November 6, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne)
November 6, 2018 Case Designated ECF. (pne)
November 6, 2018 CASE REFERRED TO Judge Jesse M. Furman as possibly related to 14MD2543. (pne)
November 5, 2018 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to General Motors, LLC, re: #1 Complaint. Document filed by Anna Cyford. (Emison, Brett)
November 5, 2018 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-MD-2543. Document filed by Anna Cyford.(Emison, Brett)
November 5, 2018 Filing 2 CIVIL COVER SHEET filed. (Emison, Brett)
November 5, 2018 Filing 1 COMPLAINT against General Motors, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-15867205)Document filed by Anna Cyford.(Emison, Brett)

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Plaintiff: Anna Cyford
Represented By: Brett A. Emison
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Defendant: General Motors, LLC
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