Postley et al v. General Motors, LLC
| Tiffany C. Postley, Timothy L. Postley, Jr. and Kyomi Postley |
| General Motors, LLC |
| 1:2020cv03498 |
| May 5, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Motor Vehicle Prod. Liability |
| 28:1332 |
| Plaintiff |
Docket Report
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Filing 24
ORDER NO. 172: [Regarding Sealed and Redacted Filings]: The Court previously granted parties in this action permission to temporarily file documents under seal or in redacted form without first obtaining specific court approval and required that they contemporaneously file a notice that a document was filed under seal. ECF No. 4567 ("Order No. 133"). At the time that the Court issued Order No. 133, the Electronic Case Filing System in the Southern District of New York did not allow parties to restrict viewing access to a document filed on the docket, and it was therefore impossible for parties to file sealed or unredacted documents electronically. The Courts then-operative Individual Rules and Practices in Civil Cases therefore required parties to email unsealed and unredacted (clean and highlighted) versions of their filings to the Court. The Districts Electronic Case Filing System was recently changed to allow parties to restrict viewing access to documents filed on the docket, and the Court revised its Individual Rules and Practices in Civil Cases to reflect those changes. Going forward, parties should file any proposed sealed or redacted documents in accordance with Rules 7.C.ii-iv of the Court's Individual Rules and Practices in Civil Cases, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. For the reasons stated in Order No. 133, however, the parties may temporarily file documents under seal or in redacted form, and they therefore do not need to file a letter-motion seeking the Court's specific permission. Parties should link all sealed filings to this Order or to Order No. 133, in accordance with Rule 6.12 of the Electronic Case Filing Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. In light of the fact that a docket entry for any sealed or redacted filings will appear on the docket, the parties also need not file a notice that a document was filed under seal. Except to the extent modified here, Order No. 133 remains in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/26/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (jca)
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| Filing 23 CERTIFICATE OF SERVICE of Letter served on Affected Plaintiffs on June 1, 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, 1:20-cv-03498-JMF, 1:20-cv-03732-JMF.(Bloomer, Andrew) |
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Filing 22
MEMO ENDORSED ORDER granting (7965) Motion for Permission for Electronic Case Filing in case 1:14-md-02543-JMF; granting (21) Motion for Permission for Electronic Case Filing in case 1:20-cv-03498-JMF. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 7965 and 20-CV-3498, ECF No. 21. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/28/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF (yv)
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| ***DELETED DOCUMENT. Deleted document number (7962) ORDER NO. 169. The document was incorrectly filed in this case. Filed In Associated Cases: 1:14-md-02543-JMF et al.(ks) |
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Filing 20
ORDER NO. 169: in case 1:14-cv-02458-JMF; terminating (7956) Motion for Discovery in case 1:14-md-02543-JMF. [Regarding Future Access to MDL Documents Production] For good cause shown, the Court adopts the following procedures for all remaining future personal injury/wrongful death ("PIWD") Plaintiffs to access MDL 2543 document productions, depositions and exhibits, and Common Benefit Work Product as further set forth herein. The Clerk of Court is directed to terminate ECF No. 7956. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/26/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ks)
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Filing 19
ORDER NO. 169: in case 1:14-cv-02458-JMF; terminating (7956) Motion for Discovery in case 1:14-md-02543-JMF. [Regarding Future Access to MDL Documents Production] For good cause shown, the Court adopts the following procedures for all remaining future personal injury/wrongful death ("PIWD") Plaintiffs to access MDL 2543 document productions, depositions and exhibits, and Common Benefit Work Product as further set forth herein. The Clerk of Court is directed to terminate ECF No. 7956. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/26/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ks)
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| Filing 18 CERTIFICATE OF SERVICE of Email served on Kyomi, Tiffany and Timothy Postley on May 26, 2020. Service was made by Email. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF.(Bloomer, Andrew) |
| Filing 21 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING for Kyomi Postley, Tiffany Postley and Timothy Postley jr. to participate in electronic case filing in this case. Document filed by Kyomi Postley, Tiffany C. Postley, Timothy L. Postley, Jr. Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF. (jca) Modified on 5/28/2020 (jca). |
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Filing 17
MEMO ENDORSEMENT: on re: (7952 in 1:14-md-02543-JMF, 15 in 1:20-cv-03498-JMF) Letter, filed by General Motors LLC. ENDORSEMENT: In light of New GM's unwillingness to reopen settlement negotiations at this time, the Court concludes that including the Postleys in the existing Wave Pool procedures is the appropriate course. Accordingly, the Court adopts New GM's proposed next steps. The Court also concludes that the joint letter, ECF No. 7952, should be maintained in redacted form, as the material redacted contains confidential settlement-related communications. Plaintiffs are reminded that, no later than today, they are required either to move for permission to register as ECF users (and take all necessary steps to do so) or identify some hardship or other reason that would prevent them from participating in ECF. See 20-cv-3498, ECF No. 8. SO ORDERED., ( Deposition due by 5/20/2021., Fact Discovery due by 4/22/2021., Motions due by 11/20/2020.) (Signed by Judge Jesse M. Furman on 5/26/2020) (ama)
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| Filing 16 NOTICE of Redacted Filing of Joint Letter Regarding Postley Plaintiffs re: (7952 in 1:14-md-02543-JMF, 15 in 1:20-cv-03498-JMF) Letter,. Document filed by General Motors LLC. Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF.(Bloom, Wendy) |
| Filing 15 JOINT LETTER addressed to Judge Jesse M. Furman from Wendy L. Bloom dated May 22, 2020 re: Proposed Next Steps Regarding the Postley Plaintiffs. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF.(Bloom, Wendy) |
| Filing 14 CERTIFICATE OF SERVICE of Letter served on Timothy Postley on May 18, 2020. Service was made by Mail. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF.(Bloomer, Andrew) |
| Filing 13 CERTIFICATE OF SERVICE of Letter served on Tiffany Postley on May 18, 2020. Service was made by Mail. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF.(Bloomer, Andrew) |
| Filing 12 CERTIFICATE OF SERVICE of Letter served on Kyomi Postley on May 18, 2020. Service was made by Mail. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF.(Bloomer, Andrew) |
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Filing 11
MEMO ENDORSEMENT on re: (10 in 1:20-cv-03307-JMF, 10 in 1:20-cv-03498-JMF, 7933 in 1:14-md-02543-JMF) Letter for Dismissal of Economic Loss Claims in Newly Consolidated Cases Pursuant to Order No. 50, filed by General Motors LLC. ENDORSEMENT: Application GRANTED. Because the dismissal without prejudice is limited to economic loss allegations in the member cases listed in Exhibit 1, the Clerk of Court is directed not to close those actions. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/18/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03307-JMF, 1:20-cv-03498-JMF (yv)
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| Filing 10 JOINT LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated May 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, 1:20-cv-03307-JMF, 1:20-cv-03498-JMF.(Bloomer, Andrew) |
| Filing 9 CERTIFICATE OF SERVICE of Letter served on Kyomi, Tiffany and Timothy Postley on May 7, 2020. Service was made by Mail. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF.(Bloomer, Andrew) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (ad) |
| 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. (ad) |
| CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. Notice of Assignment to follow. (ad) |
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Filing 8
ORDER, It is hereby ORDERED that, no later than May 25, 2020, Plaintiffs shall either move for permission to register as ECF users (and take all necessary steps to do so) or identify some hardship or other reason that would prevent them from participating in ECF. Within two days of the date of this Order, New GM shall mail a copy of this Order to Plaintiffs and file proof of such service on ECF. SO ORDERED. ( Motions due by 5/25/2020.) (Signed by Judge Jesse M. Furman on 5/6/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-UA (yv)
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Filing 7
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, Postley v. General Motors LLC, 20-CV-3498, 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. Plaintiffs are 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 and to terminate Kyomi Postley, Tiffany C. Postley, and Timothy L. Postley, Jr. as Plaintiffs in 15-CV-5528. New GM is directed to serve a copy of this Order on Plaintiffs and file proof of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/6/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-UA (yv)
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| CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (yv) |
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Filing 6
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/6/20) (yv)
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Filing 5
ORDER. In accordance with this Court's Order, see 15-CV-5528, ECF No. 183, Plaintiffs Kyomi Postley, Tiffany C. Postley, and Timothy L. Postley, Jr. filed an amended and severed complaint, see 20-CV-3498, ECF No. 1. New GM and Plaintiffs shall confer regarding next steps for Plaintiffs' claims and file a proposal no later than May 22, 2020. In the letter, the parties should address whether Tiffany or Timothy is a minor and, if so, the implications of that for handling of this case (including whether the complaint needs to be redacted and whether they are required to obtain counsel). If they are not minors, the parties should also address whether they intend to represent themselves since Kyomi, as a non-lawyer, is not authorized to represent them. New GM is directed to serve a copy of this Order on Plaintiffs and to file proof of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/6/20) (yv)
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| Case Designated ECF. (sac) |
| Filing 4 COMPLAINT against General Motors, LLC. Document filed by Kyomi Postley, Timothy L. Postley, Jr, Tiffany C. Postley. (Attachments: #1 Civil Cover Sheet, #2 Related Case Statement) (sac) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Timothy L. Postley, Jr. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tiffany C. Postley. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kyomi Postley. (sac) |
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