Clark v. General Motors, LLC
| Jessica Clark and ALL PLAINTIFFS |
| General Motors, LLC |
| 1:2019cv11064 |
| December 3, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Plaintiff |
Docket Report
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Filing 16
SCHEDULING ORDER: Any party that objects to the motion for certification and entry of a final judgment filed by Langdon & Emison LLC, 14-MD-2543, ECF No. 7683, shall file a letter advising the Court of the intent to file an opposition no later than January 24, 2020. The formal opposition itself shall be filed no later than February 4, 2020. Any reply shall be filed no later than February 11, 2020. If no party files a letter by January 24, 2020, the Court will treat the motion as unopposed. Langdon & Emison incorrectly filed its motion in every single member case. The Clerk of Court is directed to terminate all motions filed in member cases on January 20, 2020, but to leave to leave the motion filed on the main docket (14-MD-2543, ECF No. 7683) active. SO ORDERED. Responses due by 2/4/2020 Replies due by 2/11/2020. (Signed by Judge Jesse M. Furman on 1/21/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ama)
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| Filing 15 MOTION for Judgment Motion for Certification Pursuant to Federal Rule of Civil Procedure 54(b) and Entry of Final Judgment Under FRCP 58. Document filed by ALL PLAINTIFFS. (Attachments: #1 Affidavit Affidavit of Counsel)Filed In Associated Cases: 1:14-md-02543-JMF et al.(Emison, Brett) |
| Filing 14 CERTIFICATE OF SERVICE of Letter served on Affected Plaintiffs on January 2, 2020. Service was made by E-Mail. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF et al.(Bloomer, Andrew) |
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Filing 13
ORDER NO. 166: [Regarding the December 18, 2019 Status Conference] The Court, having held a status conference on December 18, 2019, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' tentative agenda letter (ECF No. 7619), as well as the Court's December 16, 2019 Order (ECF No. 7626), issues this Order to memorialize the actions taken and rulings made at the status conference. A status conference will be held Friday, January 31, 2020, at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the status conference, by Wednesday, January 8, 2020, New GM and counsel for plaintiff Sunita Bhandari will submit a joint letter proposing next steps for Ms. Bhandari's claims. Consistent with the procedures set forth in Order No. 72 (ECF No. 1237), New GM shall file a consolidated response to the Conner Plaintiffs' motion to vacate (ECF No. 7628) and any other timely motion that may be filed relating to the Courts November 21, 2019 order (ECF No 7474) by Monday, January 6, 2020. Plaintiffs' reply, if any, shall be filed by Monday, January 13, 2020. Consistent with the Court's comments at the status conference, by Wednesday, January 15, 2020, Lead Counsel and New GM shall submit a joint proposal or competing proposals regarding next steps for the economic loss plaintiffs. SO ORDERED. (Responses due by 1/6/2020, Replies due by 1/13/2020., Status Conference set for 1/31/2020 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 12/30/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(jca)
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Filing 12
ORDER NO. 165. Mindful that applicable law sometimes requires approval before the claims of certain plaintiffs (such as minors) can be settled or compromised, the following procedures shall apply going forward as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/30/19) Filed In Associated Cases: 1:14-md-02543-JMF et al.(yv)
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| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint served. General Motors, LLC served on 12/16/2019, answer due 1/6/2020. Service was accepted by CSC Lawyers. Document filed by Jessica Clark. (Emison, Brett) |
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Filing 10
MEMO ENDORSEMENT on re: (7 in 1:19-cv-11335-JMF, 9 in 1:19-cv-11069-JMF, 9 in 1:19-cv-11062-JMF, 7620 in 1:14-md-02543-JMF, 9 in 1:19-cv-11064-JMF) Letter Dismissal of Economic Loss Claims in Newly Consolidated Cases Pursuant to Order No. 50, filed by General Motors LLC. ENDORSEMENT: Request GRANTED. The Clerk of Court is directed to docket this in 14-MD-2543 and each of the cases listed in Exhibit 1 but is directed not to terminate any parties or close any cases listed in Exhibit 1. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/16/19) Filed In Associated Cases: 1:14-md-02543-JMF, 1:19-cv-11062-JMF, 1:19-cv-11064-JMF, 1:19-cv-11069-JMF, 1:19-cv-11335-JMF(yv)
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| Filing 9 JOINT LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated December 13, 2019 re: Dismissal of Economic Loss Claims in Newly Consolidated Cases Pursuant to Order No. 50. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF, 1:19-cv-11062-JMF, 1:19-cv-11064-JMF, 1:19-cv-11069-JMF, 1:19-cv-11335-JMF(Bloomer, Andrew) |
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Filing 8
OPINION AND ORDER re: (7055 in 1:14-md-02543-JMF) MOTION for Reconsideration re; (7019) Memorandum & Opinion, Economic Loss Plaintiffs' Motion for Reconsideration of the Court's August 6, 2019 Summary Judgment Opinion and Order or, in the Alternative, Motion for Cert filed by GM Ignition Switch MDL Plaintiffs. Plaintiffs fail to persuade the Court that it erred in its summary judgment ruling, and they certainly do not satisfy the strict standards that govern motions for reconsideration. Nevertheless, although the question is a close one, the Court concludes that certification of an interlocutory appeal is appropriate. The Court does not make this decision lightly. An interlocutory appeal (if the Second Circuit accepts it) would result in potentially lengthy delay, and this litigation is already in its sixth year, with no end in sight absent a settlement. But the Court is not infallible. And, in the judicial system of this Nation, it is not intended to be final. Cf. Brown v. Allen, 344 U.S. 443, 540 (1953) (Jackson, J., concurring) (observing that the Supreme Court is not final because [it is] infallible, but [is] infallible only because [it is] final). Yet, absent an interlocutory appeal, the Court might well have the only and thus final word on these important issues. Moreover, an interlocutory appeal would not necessarily mean a halt to the steady progress of this litigation. Even if the Second Circuit were to grant a petition for interlocutory appeal, the Court may well be able to move forward on other fronts. There are, after all, other disputes pending, see, e.g., ECF Nos. 7095 (New GM's renewed motion for summary judgment against Plaintiffs), 7100 (New GM's motion to exclude the opinions of another of Plaintiffs' experts), and Plaintiffs bring claims under the laws of forty-seven other states and the District of Columbia. Additionally, further settlement negotiations can and should proceed in the shadow of any interlocutory appeal. Indeed, in the Court's humble view, after five-plus years of litigation, hundreds of depositions, millions of documents exchanged in discovery, and untold trees felled and ink spilled by the parties and the Court, the parties should have enough data to agree on a settlement value for this litigation; the risks of delay and reversal are merely additional data to factor into the calculus. The parties should be prepared to address these issues - at least preliminarily - at the status conference on December 18, 2019. The Clerk of Court is directed to terminate ECF No. 7055. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/12/19) Filed In Associated Cases: 1:14-md-02543-JMF et al.(yv)
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Filing 7
ORDER, The status conference scheduled for December 18, 2019 at 9:30 a.m. EST will take place in the Court's usual courtroom Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. Counsel and others planning to attend the conference are cautioned, however, that significant elevator maintenance is underway in the courthouse. Thus, attendees should plan to arrive well in advance of the scheduled to ensure that they are in the Courtroom on time for the conference. Per its usual procedures, the Court will use CourtCall for the conference. Anyone wishing to use CourtCall to participate in, or listen to, the conference should follow the procedures set forth in Order No. 19 (ECF No. 350). No later than 1:00 p.m. on December 17, 2019, Lead Counsel and counsel for New GM shall provide Chambers with a list of any participants who should be granted speaking privileges for the conference. Unless the Court orders otherwise for good cause shown by letter motion in advance of the conference, all other CourtCall participants will be in listen-only mode. SO ORDERED. (Status Conference set for 12/18/2019 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 12/10/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(kv)
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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, ECF No. 1. As this case, Clark v. General Motors LLC, 19-CV-11064, 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 12/4/2019) Filed In Associated Cases: 1:14-md-02543-JMF, 1:19-cv-11064-JMF(kv)
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| CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF.. (kv) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to General Motors, LLC. (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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brett A. Emison. The party information for the following party/parties has been modified: Jessica Clark. The information for the party/parties has been modified for the following reason/reasons: party text was removed and added as alias. (jgo) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 14-md-2543. (jgo) |
| Case Designated ECF. (jgo) |
| 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 Jessica Clark. (Emison, Brett) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-md-2543. Document filed by Jessica Clark.(Emison, Brett) |
| Filing 2 CIVIL COVER SHEET filed. (Emison, Brett) |
| Filing 1 COMPLAINT against General Motors, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-18191565)Document filed by Jessica Clark.(Emison, Brett) |
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