Vaughn v. General Motors LLC
| James Vaughn and ALL PLAINTIFFS |
| General Motors LLC |
| 1:2020cv00096 |
| January 6, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Plaintiff |
Docket Report
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| Filing 15 NOTICE of 33 Plaintiffs Eligible to Participate in Wave Four Targeted Discovery, Pursuant to Order No. 167. Document filed by General Motors LLC. Filed In Associated Cases: 1:14-md-02543-JMF et al..(Bloomer, Andrew) |
Filing 14
ORDER NO. 167: Regarding Procedures and Schedule for Wave Four Targeted Discovery and Motion Practice and Additional Wave Pools to Address Remaining Personal Injury Claims -- Given the remarkable success of the "wave" process in this multidistrict litigation ("MDL") to date, the Court agrees with New GM that a Wave Four should be adopted to address the remaining personal injury and wrongful death claims (many of which were filed after the previous waves were adopted) and any new claims filed in the future. For good cause shown, the Court thus adopts the following schedule and procedures for Wave Four discovery of and motion practice regarding the remaining personal injury and wrongful death cases, as well any new claims that may be filed and consolidated going forward. That said, the Court is sympathetic to Lead Counsel's concerns regarding claims that have been pending in this MDL for a significant amount of time. See ECF No. 7783, at 3. To help ensure that such claims are advanced more quickly, with an eye toward settlement or remand, the Court would be open to adopting more "aggressive" procedures claims that were initially filed before January 1, 2017 (i.e., the first seven claims listed in ECF No. 7783-2), including but not limited to perhaps allowing "bilateral fact and expert discovery" for such claims. Id. at 5. Lead Counsel and counsel for New GM shall meet and confer to discuss the issue and, no later than March 13, 2020, submit an agreed-upon proposed order with respect to these claims or competing orders and letter briefs. Unless and until the Court adopts additional or different procedures for such claims, they shall be subject to the schedule and procedures set forth herein. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 3/4/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab)
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| Filing 13 NOTICE of Overdue Discovery Pursuant to Order No. 25. Document filed by General Motors LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:14-md-02543-JMF et al..(Bloomer, Andrew) |
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Filing 12
MEMORANDUM OPINION AND ORDER: The Court has considered L&E's remaining arguments and finds them to be without merit. Accordingly, L&E's motion is DENIED, without prejudice to renewal after resolution of the Pending Motion. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/19/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (jca)
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Filing 11
SCHEDULING ORDER: On February 6, 2020, Langdon & Emison filed a notice of appeal from the Court's Order of November 8, 2019. See ECF No. 7712. If any party believes the notice of appeal moots or otherwise has bearing on the pending motion for certification pursuant to Federal Rule of Civil Procedure 54(b), see ECF No. 7683, it shall advise the Court by letter no later than February 10, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/7/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv)
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| Filing 10 CERTIFICATE OF SERVICE of Letter served on Affected Plaintiffs on January 31, 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 9
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 8 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) |
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Filing 7
MEMO ENDORSEMENT: on re: (6 in 1:20-cv-00094-JMF, 7 in 1:19-cv-11898-JMF, 7678 in 1:14-md-02543-JMF, 7 in 1:19-cv-11900-JMF, 6 in 1:20-cv-00104-JMF, 4 in 1:19-cv-11922-JMF, 6 in 1:20-cv-00096-JMF, 6 in 1:20-cv-00092-JMF, 6 in 1:20-cv-00101-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Request Granted. The Clerk of Court is directed to docket this in the cases listed in Exhibit 1, but is directed not to close those cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/16/2020) (ama)
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| Filing 6 JOINT LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated January 15, 2020 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 et al.(Bloomer, Andrew) |
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Filing 5
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, Vaughn v. General Motors LLC, 20-CV-0096, 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 1/7/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-00096-JMF(yv)
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| CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (yv) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alexander Dwyer to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Incorrect office was selected. (pc) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 14md2543. (pc) |
| 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) |
| 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) |
| Filing 4 REQUEST FOR WAIVER OF SERVICE sent to General Motors LLC. Document filed by James Vaughn. (Dwyer, Alexander) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-md-02543. Document filed by James Vaughn.(Dwyer, Alexander) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Dwyer, Alexander) Modified on 1/7/2020 (pc). |
| Filing 1 COMPLAINT against General Motors LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-18431247)Document filed by James Vaughn.(Dwyer, Alexander) |
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