Anderson v. GM Motors & Shareholders et al
| Larry A. Anderson and Gary Peller |
| GM Motors & Shareholders, GM Motor Company, Mary Barra, Mark Reuss, Dan Ammann and General Motors LLC |
| 1:2021cv01006 |
| February 4, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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Filing 31
NOTICE OF APPEARANCE by Wendy L. Bloom on behalf of General Motors LLC..(Bloom, Wendy)
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Filing 30
NOTICE OF APPEARANCE by Andrew Baker Bloomer on behalf of General Motors LLC..(Bloomer, Andrew)
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Filing 29
LETTER from Larry Anderson, re: These four pages I am amending to Settlement Telephone Conference(Mediation) Motion which I accidentally filed with the Court. I ask that the Mediation Motion that I have filed will speak for me on my behalf so that I can trust that this will come to a quick settlement etc. Document filed by Larry A. Anderson.(sc)
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Filing 28
LETTER from Larry Anderson, re: Either one of the dates which the Court sets is good. 4/13/21, 4/15/21, or 4/26/21 are good for a setlement conference. Document filed by Larry A. Anderson.(sc)
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Filing 27
CERTIFICATE OF SERVICE of Letter served on Plaintiff Larry Anderson on March 24, 2021. Service was made by Mail. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF.(Bloom, Wendy)
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Filing 26
ORDER: By Order of Reference dated March 4, 2021 (Dkt. No. 10), Judge Furman referred this case to me for settlement. The parties and the Court conferred, and agreed that the conference will be held before me on April 13, 2021 at 2:30 p.m. by telephone. The parties should contact chambers using the Court's conference line, (877)873-8017 (Access Code: 5277586). Using the conference line system, the Court will begin the settlement conference in joint session with all parties on the line before breaking into private session and speaking to the parties individually, as the technology the Court is using should be able to facilitate breakout sessions with each side. If the parties wish to proceed through some other technology they wish to provide in order to facilitate a video (rather than a telephonic) conference, they should write to the Court with such a proposal and the Court will then schedule a conference to discuss such logistical arrangements. Telephone Conference set for 4/13/2021 at 02:30 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 3/24/2021) Copies Mailed By Chambers. (kv)
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Filing 25
ORDER granting #24 Letter Motion for Conference re: #24 LETTER MOTION for Conference re: (18 in 1:21-cv-01006-JMF) Order on Motion for Conference,,, addressed to Magistrate Judge James L. Cott from Wendy L. Bloom dated March 24, 2021. The settlement conference will take place by telephone on April 13, 2021 at 2:30 p.m. The parties should call the Court's number at (877) 873-8017 (code: 5277586) at that time. Additional information about the settlement conference will be provided in a separate order to be filed shortly. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Cott, James)
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Filing 24
LETTER MOTION for Conference re: (18 in 1:21-cv-01006-JMF) Order on Motion for Conference,,, addressed to Magistrate Judge James L. Cott from Wendy L. Bloom dated March 24, 2021. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF.(Bloom, Wendy)
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Filing 23
CERTIFICATE OF SERVICE of Letter served on Plaintiff Larry Anderson on March 23, 2021. Service was made by Mail. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF.(Bloom, Wendy)
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Mailed a copy of Text Order 25, Order on Motion for Conference, to Larry A. Anderson at 3006 North Priscillla Avenue, Indianapols, IN 46218. (dsh)
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Filing 22
ORDER re: (11 in 1:21-cv-01006-JMF) Order. On March 19, 2021, a letter from Plaintiff Larry Anderson, dated March 11, 2021, was entered on the docket. ECF Nos. 20, 21.1 The letter raises the question of whether Mr. Anderson should be granted leave to amend his complaint to allege a different amount of damages. Per the Courts Orders of March 4, 2021 and March 5, 2021, ECF Nos. 11, 14, however, the Court believes that the parties should be devoting their attention and resources to settlement at this time. Any settlement-related matters should be raised with Magistrate Judge Cott in communications addressed to him. If good-faith efforts at settlement fail, the parties should address the question of whether Mr. Anderson should be permitted leave to amend in their next-steps letter due 90 days from the date of the Courts March 4 order, ECF No. 11 that is, June 2, 2021. New GM shall promptly serve a copy of this Order on Mr. Anderson and file proof of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/22/2021) Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF (kv)
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Filing 19
MEMORANDUM OF LAW in Opposition re: (8415 in 1:14-md-02543-JMF) MOTION Approval of Allocation of Attorneys' Fees and Costs re: (8307) Order, Terminate Motions,,,,,,,,,,,,,,,,,, Notice of Motion and Economic Loss Class Counsel's Motion for Approval of Allocation of Attorneys' Fees and Costs . Document filed by Gary Peller. (Attachments: #1 Affidavit Declaration of Gary Peller)Filed In Associated Cases: 1:14-md-02543-JMF et al..(Peller, Gary)
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Filing 18
ORDER denying without prejudice #17 Letter Motion for Conference re: #17 LETTER MOTION for Conference re: (13 in 1:21-cv-01006-JMF) Order,,,,, addressed to Magistrate Judge James L. Cott from Wendy L. Bloom dated March 11, 2021. The Court is not available for a settlement conference during the week of April 5. Accordingly, all of the proposed dates do not work. The Court is available on April 13 in the afternoon, April 15 either in the morning or the afternoon, and April 26, in the morning or the afternoon. Please advise whether one of those dates will work for the parties and we will schedule the settlement conference for that date. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Cott, James)
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Mailed a copy of Text Order 18, Order on Motion for Conference, to Larry A. Anderson at 3006 North Priscillla Avenue, Indianapols, IN 46218. (dsh)
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Filing 21
LETTER from Larry Anderson re: I am filing this motion on behalf of the Settlement Telephone Conference which may take place on 4/6/21, 4/7/21 or 4/9/21 or whenever, or mediation etc. I am asking that the information in this motion stands-in for me on the day of the telephonic settlement conference. The only thing that I would want to talk about is a settlement amount etc. If I have any Constitutional Right or Due Process Right to still ask for $250,000.00 in my case, then I ask that I will be allowed for relief. If the Constitution and Court say that I can, then I would like to settle for $175,000.00 etc. Document filed by Larry A. Anderson.(sc)
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Filing 20
LETTER addressed to Judge Jesse M. Furman from Larry Anderson, re: I am asking you a question. When I first filed my case, 21cv1006, I did not know until later on that I can file my Emotional stresses/Depression stresses Claim up to $250,000. If I had known before I had filed my claim, then I would have asked for $250,000. for relief. Is it too late for my claim, 21cv1006, to be $250,000. and be part of my case, 21cv1006? I just want to make sure that I ask the Court about everything before my case is completely closed etc. Document filed by Larry A. Anderson.(sc) Modified on 3/19/2021 (sc).
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Filing 17
LETTER MOTION for Conference re: (13 in 1:21-cv-01006-JMF) Order,,,,, addressed to Magistrate Judge James L. Cott from Wendy L. Bloom dated March 11, 2021. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF.(Bloom, Wendy)
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Filing 16
LETTER from Larry A. Anderson, re: I did state my claim, and I did bring a Complaint about GM and shareholders to the Court seeking GM and shareholders to be held liable for defective created parts made by GM, GM ignition switches and GM defective wiring in the 2005 Chevy Cobolt vehicles etc. Now that GM is exposed about their brand new engineered faulty Chevy Cobolt ignition switches sold to their car owners, GM can simply offer settlements and relief offers to all of their recalled Chevy Cobolt buyers and drivers etc. Document filed by Larry A. Anderson.(sc)
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Filing 15
CERTIFICATE OF SERVICE of Letter served on Plaintiff Larry Anderson on March 9, 2021. Service was made by Mail. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF.(Bloom, Wendy)
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Filing 14
ORDER denying without prejudice #8 Motion for Compensation. Yesterday after the Court had signed orders adopting New GM's proposal to refer the parties to Magistrate Judge Cott for mediation, but before the orders were docketed ECF Nos. 10, 11 the Court received two letters from Plaintiff Larry Anderson describing the factual background underlying his claims as well as a motion that appears to request an entry of judgment against Defendants. See ECF Nos. 7, 8, 9. Mr. Andersons motion is DENIED as premature, without prejudice to renewal at the appropriate time. Per the Courts Order of March 4, 2021, ECF No. 11, in the first instance, the parties shall attempt to resolve this matter amicably with the assistance of Magistrate Judge Cott. If such efforts prove unsuccessful, the parties shall confer and file a joint letter proposing next steps, including a proposed briefing schedule for any motions the parties intend to make. New GM shall promptly serve a copy of this Order on Plaintiff and file proof of such service on the docket. The Clerk of Court is directed to terminate ECF No. 8. (Signed by Judge Jesse M. Furman on 3/5/2021) (nb) Modified on 3/15/2021 (nb).
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Filing 13
ORDER: By Order of Reference dated March 4, 2021 (Dkt. No. 10), Judge Furman referred this case to me for settlement. The parties are directed to advise the Court by March 11 when they wish to schedule the settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to e-mail my deputy clerk, David Tam, at David_Tam@nysd.uscourts.gov to find a mutually convenient date for the parties and the Court. In light of the COVID-19 pandemic, any settlement conference in the foreseeable future will likely be conducted telephonically. Using the Court's conference line system, the Court will begin the settlement conference in joint session with all parties on the line before breaking into private session and speaking to the parties individually, as the technology the Court is using can facilitate breakout sessions with each side. If the parties wish to provide a different platform for the settlement conference (such as Zoom, Skype, or the equivalent) and not simply proceed telephonically they may so advise the Court and the Court will then schedule a conference to discuss logistics. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 3/5/2021) (rj)
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Filing 12
CERTIFICATE OF SERVICE of Letter served on Plaintiff Larry Anderson on March 5, 2021. Service was made by Mail. Document filed by General Motors LLC. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF.(Bloom, Wendy)
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Filing 11
ORDER. By separate order to be entered today, the Court will refer this matter to the Magistrate Judge for settlement purposes. The parties shall contact the Chambers of Magistrate Judge Cott within one week of the date of this Order to schedule a settlement conference. No later than 90 days from the date of this Order, the parties shall file a joint letter proposing next steps, including a proposed briefing schedule for any motion to dismiss and as further set forth in this Order. New GM shall promptly serve a copy of this Order on Plaintiff and file proof of such service on the docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/4/21) Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF (yv)
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Filing 10
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. The parties shall contact the Chambers of Magistrate Judge Cott within one week of the date of this Order to schedule a settlement conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/4/21) (yv)
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Filing 9
LETTER from Larry A. Anderson, re: The GM ignition switch on my 2005 Chevy Cobolt, which was on my car when I first bought it, caused me many risks while driving. I bought the 2005 Chevy Cobolt car, and right away I drove the car. To my knowledge, the ignition switch was put on my Chevy Cobolt car in 2014, and I bought the car in 2020 and the ignition switch got worn out from 2014 to 2020, six years later. Document filed by Larry A. Anderson.(sc)
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Filing 8
NOTICE OF MOTION, re: for an order for Compensation by GM to plaintiff of all of the money plaintiff paid GM to replace his bad ignition switch on his 2005 Chevy Cobolt. Document filed by Larry A. Anderson.(sc)
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Filing 7
LETTER from Larry A. Anderson, re: I received a conference call from one of GM Attorneys on 2/26/21. The attorney is supposed to send me some papers to read and for me to add statements, if need be etc. I suffered many stressful depressions from the 2014 worn-out ignition switch on my 2005 Chevy Cobolt, having babies, children and others in the car. As I look back, with the bad ignition switch, none of this should ever have been in the 2005 Chevy Cobolt in operation etc. Document filed by Larry A. Anderson.(sc)
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Filing 6
JOINT LETTER addressed to Judge Jesse M. Furman from Wendy L. Bloom dated March 3, 2021 re: Proposed Next Steps Regarding Plaintiff Larry Anderson. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF.(Bloom, Wendy)
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Filing 5
INFORMATION PACKAGE MAILED to Larry A. Anderson 3006 North Priscillla Avenue Indianapols, IN 46218, at, on 2/11/2021 Re: (8382 in 1:14-md-02543-JMF, 4 in 1:21-cv-01006-JMF) Order. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan)
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Filing 4
ORDER. Although Plaintiff does not name it as such, the Complaint appears to allege wrongdoing by General Motors LLC ("New GM"). The Clerk of Court is therefore directed, under Rule 21 of the Federal Rules of Civil Procedure, to amend the caption of 21-CV-1006 to add General Motors LLC as a defendant. This amendment is without prejudice to any defenses that New GM may wish to assert. New GM is hereby ORDERED to confer with Plaintiff (and, if appropriate Lead Counsel) to discuss how to proceed with resolving Plaintiff's claims and, no later than March 3, 2021, the parties shall file a joint letter proposing next steps. The Court requests that New GM waive service of process in 21-CV-1006. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/9/21) Filed In Associated Cases: 1:14-md-02543-JMF, 1:21-cv-01006-JMF (yv) 2/10/2021 (yv).
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CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (sjo)
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CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. Notice of Assignment to follow. (laq)
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (laq)
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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. (laq)
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 2/5/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 2
COMPLAINT against Dan Ammann, Mary Barra, GM Motor Company, GM Motors & Shareholders, Mark Reuss. Document filed by Larry A. Anderson. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Larry A. Anderson. (sac)
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Case Designated ECF. (sac)
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