Robinson v. General Motors, LLC
| Norma Robinson |
| General Motors L.L.C. |
| 1:2020cv03732 |
| May 14, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 md |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2022. A more recent docket listing may be available from PACER.
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Filing 26
MEMO ENDORSEMENT on re: (8314 in 1:14-md-02543-JMF, 25 in 1:20-cv-03732-JMF) Letter, filed by General Motors LLC. ENDORSEMENT: The parties' proposed briefing schedule is hereby ADOPTED. As for the issue in dispute: The Court encourages, but will not require, the parties to discuss settlement before any motion practice. That is, even if New GM is correct and Plaintiff's claims are time barred (an issue on which the Court intimates no view), it does not follow that a settlement could not be reached. SO ORDERED. ( Motions due by 2/12/2021., Responses due by 3/12/2021, Replies due by 4/9/2021.) (Signed by Judge Jesse M. Furman on 12/29/2020) Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03732-JMF (kv)
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Filing 25
JOINT LETTER addressed to Judge Jesse M. Furman from Wendy L. Bloom dated December 28, 2020 re: Proposed Next Steps Regarding Plaintiff Norma Robinson. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03732-JMF.(Bloom, Wendy)
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Filing 24
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/18/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:14-md-02543-JMF et al..(McGuirk, Kelly)
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Filing 23
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/18/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/23/2021.Filed In Associated Cases: 1:14-md-02543-JMF et al..(McGuirk, Kelly)
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Filing 22
ORDER APPROVING CLASS COUNSEL'S RULE 23(h) MOTION FOR APPROVAL OF AWARD OF ATTORNEYS' FEES AND EXPENSES AND SERVICE AWARDS TO LEAD PLAINTIFFS. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion is GRANTED. The Court further finds:The Court awards Plaintiffs' counsel (i) $24,585,272.06 in attorneys' fees and (ii) $9,914,727.94 to reimburse expenses incurred in connection with this litigation (and that have not been previously reimbursed from the Common Benefit Fund). Pursuant to the Settlement Agreement, New GM is ordered to pay the fees and costs no later than 30 days after the later of the Final Effective Date or the expiration of any appeal period or the resolution of any and all appeals relating to the Attorneys' Fees and Expenses award. The Class Representatives have devoted considerable time and effort to this litigation, including supervising counsel and responding to discovery. The result obtained for the Class would not have been possible without the participation of these Plaintiffs. The Court awards $2000 to Class Representatives who were deposed,4 and $1000 to Class Representatives who were not deposed. These Plaintiffs are identified in Exhibits A and B, respectively. The Court finds that these awards are reasonable, and fall squarely within the range approved for similar cases in this Circuit. See, e.g., Alaska Elec. Pension Fund, 2018 U.S. Dist. LEXIS 202526, at *17-18; Godson v. Eltman, Eltman, & Cooper, P.C., 328 F.R.D. 35, 60 (W.D.N.Y. 2018); Kindle v. Dejana, 308 F. Supp. 3d 698, 718 (E.D.N.Y. 2018); Jermyn v. Best Buy Stores, L.P., No. 08-CV-214 (CM), 2012 WL 2505644, at *8 (S.D.N.Y. June 27, 2012); AFTRA, 2012 WL 2064907, at *3. The Court declines to provide Service Awards to Lawrence and Celestine Elliott (see ECF No. 8201), who did not serve as Class Representatives. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8159. SO ORDERED., Motions terminated: (8159 in 1:14-md-02543-JMF) MOTION for Attorney Fees Interim Class Counsel's Rule 23(h) Motion for Approval of Award of Attorneys' Fees and Expenses and Service Awards to Lead Plaintiffs. filed by GM Ignition Switch MDL Plaintiffs. (Signed by Judge Jesse M. Furman on 12/18/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv)
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Filing 21
FINAL ORDER AND FINAL JUDGMENT GRANTING FINAL APPROVAL OF THE ECONOMIC LOSS CLASS ACTION SETTLEMENT, CONFIRMING CERTIFICATION OF THE ECONOMIC LOSS SETTLEMENT CLASS, AND DISMISSING ALL ACTIONS WITH PREJUDICE: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Jurisdiction. The Court has personal jurisdiction over all Plaintiffs, the Class and all Class Members, New GM, the GUC Trust, and AAT, as well as subject matter jurisdiction over the claims asserted in the Fifth Amended Consolidated Complaint filed in In re: General Motors LLC Ignition Switch Litigation, Case No. 14-MD-2543 (JMF) on September 8, 2017 ("5ACC") and the Actions. Venue in the Southern District of New York is proper. As further set forth in this Order. Final Approval of Class Settlement. In accordance with its Final Approval Order, the Court hereby grants final approval to the Settlement Agreement as fair, reasonable, and adequate pursuant to Federal Rule of Civil Procedure 23(e). The Settlement Agreement provides ample benefits to the Class and avoids protracted litigation, among numerous other advantages. The Court finds that the Settlement Agreement, with respect to Class Members who are minors, lack capacity, or are incompetent, is fair, reasonable, and adequate. The Court authorizes the Parties to implement the terms of the Settlement Agreement and enjoins the Parties from failing to implement the terms. Overruling of Objections. The Class Member objection filed by Mr. Richard H. Warren (ECF No. 8122) is overruled. The objection filed by Ms. Kisha M. Davis, as personal representative of the estate of her mother, Class Member Mary L. Davis (ECF No. 8216), is also overruled. Class Certification for Settlement Purposes Only. As further set forth in this Order. Common Fund. Pursuant to the Settlement Agreement, all Settlement Implementation Expenses shall be paid from the Common Fund, which was established as a Qualified Settlement Fund under 468B(d)(2) of the Internal Revenue Code and Treasury Regulation 1.468B-1 pursuant to this Court's Preliminary Approval Order, by the court-approved Qualified Settlement Fund Administrator and Trustee, Flora Bian of JND; however, all such Settlement Implementation Expenses shall be paid from the Common Fund only upon either (i) written approval by Plaintiffs' Class Counsel, New GM, and the GUC Trust or (ii) leave of Court. The Court finds that, pursuant to Paragraph 88.a of the Settlement Agreement, following entry of the GUC Trust Approval Order, the Withdrawal Order, and the Preliminary Approval Order, New GM and the GUC Trust deposited, respectively, $8,800,000.00 and $2,000,000.00 into the Common Fund. As further set forth in this Order. Entry of Final Judgment. The Clerk of the Court is expressly directed to immediately enter this Final Order and Final Judgment in the Actions listed in Appendix C. The Clerk is further directed to terminate 14-MD-2543, ECF No. 8240 and 14-MC-2543, ECF No. 409 and to close Elliott, et al. v. General Motors LLC, et al., No. 14-CV-8382; Bledsoe, et al. v. General Motors LLC, No. 14-CV-7631; and Sesay, et al. v. General Motors LLC, et al., No. 14-CV-6018. As further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/18/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ks)
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Filing 20
MEMORANDUM OPINION AND ORDER re: (8156 in 1:14-md-02543-JMF) MOTION for Attorney Fees . filed by Goodwin Procter LLP. In sum, any claim to attorney's fees that Goodwin may have pursuant to the terms of its private engagement letter with Lead Counsel has no bearing on whether the Court should approve the Settlement Agreement. Nothing in the Settlement Agreement precludes Goodwin from pursuing such claims as part of the post-settlement allocation process or in a later and separate action for breach of the private engagement letter. And nothing in Order No. 42 (or Rule 23(h) of the Federal Rules of Civil Procedure) exempts Goodwin from the procedure that now applies to all counsel seeking a share of the fee award. Most importantly, Goodwin's concerns regarding the ultimate share of attorney's fees to which it may be entitled provide no basis for the Court to reject the Settlement Agreement as unfair, unreasonable, or inadequate for the class. To the contrary, Goodwin's requested relief would harm the very class members this Court is charged with protecting in its review of the Settlement Agreement. For these reasons, Goodwin's objection was overruled and its motion was denied. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8156 and 14-MC-2543, ECF No. 405. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/18/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv)
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Filing 19
NOTICE of PLAI ENERAL MOTORS LLCS NOTICE OF CLAIMS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS re: (17 in 1:20-cv-03732-JMF, 8217 in 1:14-md-02543-JMF) Notice (Other). Document filed by Norma Robinson. Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03732-JMF.(Luhana, Roopal)
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Filing 18
NOTICE of Plaintiff's Response to Def. General Motors LLC Notice of Claims Barred by the Applicable Statute of Limitations re: #17 Notice (Other). Document filed by Norma Robinson..(Luhana, Roopal)
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Filing 17
NOTICE of One Wave Pool Plaintiff Whose Claims are Barred by the Applicable Statute of Limitations. Document filed by General Motors LLC. Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03732-JMF.(Bloom, Wendy)
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Filing 16
NOTICE of Wave Pool Plaintiff Fact Sheet and Order Nos. 108 and 148 Production Deficiencies. Document filed by General Motors LLC. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03498-JMF, 1:20-cv-03732-JMF.(Bloom, Wendy)
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Filing 15
ORDER NO. 173 [Regarding Motions to Dismiss for Failure to Comply with Discovery Obligations]. To avoid confusion, effective immediately, all timelines established for earlier Waves shall also apply to Wave Four and Wave Pool Plaintiffs, just as they applied to Plaintiffs in the prior Waves. In particular: New GM may not file a motion to dismiss for failure to comply with obligations under Order Nos. 25 and 108 unless and until the plaintiff fails to cure any defects within fourteen days of the filing of a notice of overdue discovery. Any plaintiff subject to a motion to dismiss without prejudice for failure to comply with such discovery obligations shall have fourteen days to oppose the motion or certify compliance, and New GM shall have seven days to reply. Any plaintiff who is dismissed without prejudice for failure to comply with such discovery obligations shall have thirty days from the date of dismissal to move to vacate the dismissal, provided he or she submits all required documentation or otherwise contests the dismissal. New GM may not file a motion to dismiss with prejudice for failure to comply with such discovery obligations unless and until the plaintiff fails to move to vacate the dismissal within thirty days. Any Plaintiff subject to a motion to dismiss with prejudice for failure to comply with such discovery obligations shall have fourteen days to oppose the motion or certify compliance, and New GM shall have seven days to reply. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/10/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv)
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Filing 14
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 13
MEMO ENDORSEMENT on re: #12 Letter Dismissal of Economic Loss Claims in Newly Consolidated Cases Pursuant to Order No. 50, filed by General Motors LLC. ENDORSEMENT: Application GRANTED. In light of the fact thatonly some of the plaintiffs' allegations are dismissed without prejudice, the Clerk of Court should not terminate any parties or close any cases. So ORDERED. (Signed by Judge Jesse M. Furman on 6/15/20) (yv)
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Filing 12
JOINT LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated June 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-03732-JMF.(Bloomer, Andrew)
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Filing 11
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 10
MEMO ENDORSEMENT on re: (7968 in 1:14-md-02543-JMF, 9 in 1:20-cv-03732-JMF) Letter Proposed Next Steps Regarding Plaintiff Norma Robinson., filed by General Motors LLC. ENDORSEMENT: The parties' proposed next steps and deadlines are hereby adopted. SO ORDERED., ( Deposition due by 5/28/2021., Fact Discovery due by 4/30/2021., Motions due by 11/29/2020.) (Signed by Judge Jesse M. Furman on 6/1/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03732-JMF (yv)
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Filing 9
JOINT LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated May 29, 2020 re: Proposed Next Steps Regarding Plaintiff Norma Robinson. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03732-JMF.(Bloomer, Andrew)
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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 8
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 7
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 6
ORDER. Counsel for New GM and Plaintiff Norma Robinson are directed to confer and propose next steps with respect to Ms. Robinson's claims no later than May 29, 2020. Plaintiff is further 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. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/15/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:20-cv-03732-JMF (yv)
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Filing 5
MDL CASE TRANSFERRED IN from the United States District Court - District of Maryland; Case Number: 8:20-cv-00166. Original file certified copy of transfer order and docket entries received. (sjo)
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CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. (sjo)
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Case Designated ECF. (sjo)
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CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (sjo)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
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Filing 4
MDL Certified Transfer ORDER. Signed by John Nichols Clerk of the Panel on 5/7/2020. (heps, Deputy Clerk) [Transferred from Maryland on 5/14/2020.]
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Filing 3
QC NOTICE: #2 Amended Complaint filed by Norma Robinson needs to be corrected. It has been noted as FILED IN ERROR, and the document link has been disabled. The following corrective actions are needed regarding missing or incomplete information: ***Redline copy has not been filed. Please re-file the clean version of the amended complaint as the main document and the redline version as an attachment to the amended complaint. Thank you. (tds, Deputy Clerk) [Transferred from Maryland on 5/14/2020.]
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Filing 2
[FILED IN ERROR] AMENDED COMPLAINT against General Motors, LLC, filed by Norma Robinson. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Fernandez, Jason) Modified on 4/20/2020 (tds, Deputy Clerk). [Transferred from Maryland on 5/14/2020.]
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Case Assigned to Judge George Jarrod Hazel. (kns, Deputy Clerk) [Transferred from Maryland on 5/14/2020.]
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Filing 1
COMPLAINT against General Motors, LLC ( Filing fee $ 400 receipt number 0416-8462537.), filed by Norma Robinson. (Attachments: #1 Civil Cover Sheet)(Fernandez, Jason) [Transferred from Maryland on 5/14/2020.]
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| Plaintiff: Norma Robinson | |
| Represented By: | Jason Wells Fernandez |
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| Defendant: General Motors L.L.C. | |
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