Densman v. General Motors, LLC
| Kelli Densman |
| General Motors, LLC |
| 1:2019cv00394 |
| January 14, 2019 |
| 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
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This docket was last retrieved on March 8, 2019. A more recent docket listing may be available from PACER.
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Filing 11
ORDER NO. 162 [Regarding Next Steps For 18 Post-Sale Personal Injury Claims]: By Friday, March 15, 2019, New GM will provide Lead Counsel a list of plaintiffs it has identified as those it believes should be subject to dispositive motion practice in light of the Court's December 28, 2017 Opinion and Order. See In re GM LLC Ignition Switch Litig., 2017 WL 6729295, at *1 (S.D.N.Y. Dec. 28, 2017). By Friday, March 22, 2019, New GM and Lead Counsel shall submit a joint letter (and, if appropriate, a proposed order) with respect to how the Court should address the claims of those plaintiffs. By Friday, March 29, 2019, the parties are to meet and confer and provide the Court joint or competing lists of plaintiffs who may be eligible for Suggestion of Remand No. 1. By Monday, April 15, 2019, Lead Counsel and Counsel for New GM shall submit to the Court a joint letter addressing the parties' recommendations as to the proper venue for remand or transfer of each of the plaintiffs subject to Suggestion of Remand No. 1. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 3/8/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne)
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Filing 10
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, Beach v. General Motors LLC, 19-CV-2004, 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. See 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 3/06/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ama)
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Filing 9
ORDER NO. 160 [Regarding Next Steps for Remaining Post-Sale Personal Injury Claims]: By Friday, May 31, 2019, each Wave Three plaintiff shall refile his or her complaint or an amended complaint in this Court and pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. 1914(a), or be dismissed without prejudice. Targeted, case-specific fact discovery of Wave Three plaintiffs shall commence on Wednesday, May 1, 2019, and shall conclude by Friday, September 20, 2019. Wave Three plaintiffs shall present their expert witnesses for deposition on or before Monday, December 2, 2019. By Wednesday, July 10, 2019, New GM will file its motion to dismiss Wave Three claims that New GM believes should be dismissed for failure to state a claim. Plaintiffs desiring to amend their complaints will file amended complaints on their respective individual dockets by Monday September 23, 2019. By June 15, 2019, Plaintiffs shall depose New GM's experts. By Friday, April 19, 2019, New GM shall file any motions to exclude Plaintiffs' expert under Federal Rule of Evidence 702 and Daubert and for summary judgment on the issue "of whether an unintended ignition switch and/or key rotation could have and did occur prior to air bag deployment." The motions shall be supported by a single, consolidated memorandum of law not to exceed thirty-five pages. By Friday, May 17, 2019, Plaintiffs shall file any opposition, supported by a single, consolidated memorandum of law not to exceed thirty-five pages; By Friday, June 7, 2019, New GM shall file any reply, in the form of a single, consolidated memorandum of law not to exceed fifteen pages. (Amended Pleadings due by 9/23/2019. Deposition due by 12/2/2019. Fact Discovery due by 9/20/2019. Motions due by 7/10/2019. Responses due by 5/17/2019. Replies due by 6/7/2019.) (Signed by Judge Jesse M. Furman on 2/26/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne)
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Filing 8
AGREED AMENDED ORDER REGARDING THE PRESERVATION OF IGNITION SWITCH PARTS GOVERNED BY NHTSA RECALL CAMPAIGN 14v-047000: New GM shall undertake reasonable efforts to assist any named plaintiff in a case that has been transferred to MDL 2543 (or pending in another venue) with preserving ignition switch parts covered by NHTSA Recall Campaign 14v-047000 that may be relevant to the plaintiff's claims. To allow New GM to do so, before a recall repair is performed, a named plaintiff (or his or her counsel) must provide both the dealership replacing the ignition switch parts and New GM with reasonable, advance notice that the plaintiff wishes to have parts preserved for purposes of litigation. New GM will then use reasonable efforts to arrange for the dealership making the repair to return the ignition switch parts to New GM for storage and preservation. This Order shall also apply to related cases later filed in, removed to, or transferred to this Court. (As further set forth in this order) SO ORDERED. (Signed by Judge Jesse M. Furman on 2/19/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne)
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| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. General Motors, LLC served on 1/17/2019, answer due 2/7/2019. Service was accepted by CSC Lawyers. Document filed by Kelli Densman. (Emison, Brett) |
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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, Densman v. General Motors LLC, 19-CV-394, 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 1/16/2019) Filed In Associated Cases: 1:14-md-02543-JMF, 1:19-cv-00394-JMF(ne)
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| 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) |
| CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (ne) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (bcu) |
| CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. Notice of Assignment to follow. (bcu) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to General Motors, LLC. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| Case Designated ECF. (sj) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 1:14md2543. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to General Motors, LLC, re: #1 Complaint. Document filed by Kelli Densman. (Emison, Brett) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-MD-2543. Document filed by Kelli Densman.(Emison, Brett) |
| Filing 2 CIVIL COVER SHEET filed. (Emison, Brett) |
| Filing 1 COMPLAINT against General Motors, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-16188847)Document filed by Kelli Densman.(Emison, Brett) |
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| Defendant: General Motors, LLC | |
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| Plaintiff: Kelli Densman | |
| Represented By: | Brett A. Emison |
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