Jefferson v. General Motors LLC
Rilla Jefferson |
General Motors LLC |
2:2020cv02576 |
August 7, 2020 |
US District Court for the Western District of Tennessee |
Jon Phipps McCalla |
Tu M Pham |
Contract: Other |
15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
Both |
Docket Report
This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 90 Order GRANTING #62 Motion to Certify Class and GRANTING IN PART #75 Motion for Summary Judgment. Signed by Judge Jon Phipps McCalla on 5/11/2023. (wrb) |
Filing 89 SETTING LETTER: A Telephonic Status Conference has been set for Thursday, 5/25/2023 at 1:30 PM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
Filing 88 SECOND AMENDED SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 5/9/2023. (wrb) |
Filing 87 SETTING LETTER: A Jury Trial has been set for Monday, 10/16/2023 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. A Pretrial Conference has been set for Friday, 10/6/2023 at 11:00 AM in Courtroom 7 - Memphis before Judge Jon Phipps McCalla. A Proposed Joint Pretrial Order is due by 4:30 PM on 9/27/2023. (jrs) |
Filing 86 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 5/9/2023. Joshua Markovits and Susan Lafferty appeared for the class and plaintiff, respectively. Joseph Orzano and William Benson appeared for the defendant. Dates and deadlines as well as case status briefly reviewed. The Jury Trial is set for Monday, October 16, 2023 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. The trial is estimated to take 6-8 days. The Pretrial Conference is set for Friday, October 6, 2023 at 11:00 AM in courtroom 7. The Proposed Joint Pretrial Order is due by 4:30 PM on September 27, 2023. A Telephonic Status Conference is set for Thursday, May 25, 2023 at 1:30 PM. An order will be entered. (Court Reporter: Tina Gibson) (jrs) |
Filing 85 NOTICE TIME CHANGE FOR TELEPHONIC SCHEDULING CONFERENCE: The Telephonic Scheduling Conference set for Tuesday, May 9, 2023 at 2:00 PM (CT) will begin at 2:15 PM (CT). To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
Filing 84 SETTING LETTER: A Telephonic Scheduling Conference has been set for Tuesday, 5/9/2023 at 2:00 PM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
Filing 83 Order GRANTING #82 Motion to Vacate Upcoming Dates. Signed by Judge Jon Phipps McCalla on 3/30/2023. (wrb) |
Filing 82 Joint MOTION to Vacate #56 Order Upcoming Deadlines in Amended Scheduling Order (proposed order submitted) by General Motors LLC. (Benson, William) |
Filing 81 REPLY to Response to Motion re #79 Response in Opposition to Motion, filed by General Motors LLC. (Attachments: #1 Exhibit GM's Response to Plaintiff's Statement of Additional Facts)(Benson, William) |
Filing 80 REPLY to Response to Motion re #76 Response in Opposition to Motion,, filed by Rilla Jefferson. (Markovits, Joshua) |
Filing 79 RESPONSE in Opposition re #75 MOTION for Summary Judgment filed by Rilla Jefferson. (Attachments: #1 Response to Statement of Facts, #2 Declaration of Joshua Markovits, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Markovits, Joshua) |
Filing 78 ORDER GRANTING #77 Motion for Extension of Time to File Response/Reply and for Leave to File Reply. Signed by Judge Jon Phipps McCalla on 12/14/2022. (crh) |
Filing 77 Consent MOTION for Extension of Time to File Response/Reply as to #75 MOTION for Summary Judgment and for Leave to File Reply in Support of Motion for Class Certification by Rilla Jefferson. (Markovits, Joshua) |
Filing 76 RESPONSE in Opposition re #62 MOTION to Certify Class filed by General Motors LLC. (Attachments: #1 Affidavit, #2 Exhibit Ex. A -- Van Camp Deposition Excerpts, #3 Exhibit Ex. B -- Gornick Deposition Excerpts, #4 Exhibit Ex. C -- Burlingame Deposition Excerpts, #5 Exhibit Ex. D -- Gornick Expert Report, #6 Exhibit Ex. E -- Jefferson Deposition Excerpts, #7 Exhibit Ex. F -- Repair Orders, #8 Exhibit Ex. G -- Manzari Deposition Excerpts, #9 Exhibit Ex. H -- Complaint)(Benson, William) |
Filing 75 MOTION for Summary Judgment by General Motors LLC. (Attachments: #1 GM's Memorandum of Law in Support of Motion for Summary Judgment, #2 GM's Statement of Undisputed Facts in Support of Summary Judgment, #3 Declaration of Joseph J. Orzano, #4 Exhibit A -- Jefferson Deposition Excerpts, #5 Exhibit B -- Buyer's Agreement and Bill of Sale_Redacted, #6 Exhibit C -- Limited Warranty, #7 Exhibit D -- Repair Orders, #8 Exhibit E -- Manzari Report, #9 Exhibit F -- Manzari Deposition Excerpts, #10 Exhibit G -- Jefferson's Initial Disclosures, #11 Exhibit H -- Jefferson's Supplemental Disclosures, #12 Exhibit I -- Plaintiff's Response to GM Interrogatories)(Benson, William) |
Filing 74 ATTACHMENT Exhibit 22 to #62 MOTION to Certify Class by Rilla Jefferson.. (Attachments: #1 Exhibit 23)(Markovits, Joshua) |
Filing 73 ATTACHMENT Exhibit 20 to #62 MOTION to Certify Class by Rilla Jefferson.. (Attachments: #1 Exhibit 21)(Markovits, Joshua) |
Filing 72 ATTACHMENT Exhibit 16 to #62 MOTION to Certify Class by Rilla Jefferson.. (Attachments: #1 Exhibit 17, #2 Exhibit 18, #3 Exhibit 19)(Markovits, Joshua) |
Filing 71 ATTACHMENT Exhibit 12 to #62 MOTION to Certify Class by Rilla Jefferson.. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15)(Markovits, Joshua) |
Filing 70 ATTACHMENT Exhibit 8 to #62 MOTION to Certify Class by Rilla Jefferson.. (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 11)(Markovits, Joshua) |
Filing 69 ATTACHMENT Exhibit 7 to #62 MOTION to Certify Class by Rilla Jefferson.. (Markovits, Joshua) |
Filing 68 ATTACHMENT Exhibit 6 to #62 MOTION to Certify Class by Rilla Jefferson.. (Markovits, Joshua) |
Filing 67 ATTACHMENT Exhibit 1 to #62 MOTION to Certify Class by Rilla Jefferson.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Markovits, Joshua) |
Filing 66 ORDER GRANTING #65 Motion to Seal Documents. Signed by Judge Jon Phipps McCalla on 11/02/2022. (crh) |
Filing 65 MOTION to Seal Document #64 Sealed Document, #63 Sealed Document by Rilla Jefferson. (Markovits, Joshua) |
Filing 64 Sealed Document Exhibit 1. (Markovits, Joshua) |
Filing 63 Sealed Document Memorandum of Law. (Markovits, Joshua) |
Filing 62 MOTION to Certify Class by Rilla Jefferson. (Attachments: #1 Memorandum, #2 Declaration of Sergei Lemberg, #3 Declaration of Joshua Markovits)(Markovits, Joshua) |
Filing 61 ORDER GRANTING #60 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 10/31/2022. (crh) |
Filing 60 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number BTNWDC-4003273) by Rilla Jefferson. (Attachments: #1 Exhibit Sergei Lemberg Admissions, #2 Exhibit Sergei Lemberg Certificate of Good Standing, #3 Supplement Proposed Order)(Lemberg, Sergei) |
Filing 59 ORDER GRANTING #58 Motion to Amend/Correct. Signed by Judge Jon Phipps McCalla on 9/28/2022. (crh) |
Filing 58 Joint MOTION to Amend/Correct #56 Order To Clarify That Fact Discovery Has Closed by General Motors LLC. (Benson, William) |
Filing 57 SETTING LETTER: The Jury Trial has been RESET to Monday, 5/8/2023 at 9:30 AM before Judge Jon Phipps McCalla. The Pretrial Conference has been RESET to Monday, 5/1/2023 at 9:30 AM in Courtroom 7 - Memphis before Judge Jon Phipps McCalla. The Proposed Joint Pretrial Order is due by 4:30 PM on 4/20/2023. (jrs) |
Filing 56 AMENDED SCHEDULING ORDER re #54 Joint MOTION to Lift Stay and Modify the Scheduling Order. Signed by Judge Jon Phipps McCalla on 9/15/2022. (crh) |
Filing 55 ORDER GRANTING #54 Motion to Lift Stay and Modify the Scheduling Order. Signed by Judge Jon Phipps McCalla on 9/15/2022. (crh) |
Filing 54 Joint MOTION to Lift Stay and Modify the Scheduling Order (Corrected) by Rilla Jefferson. (Markovits, Joshua) |
Filing 53 Joint MOTION to Lift Stay and Modify the Scheduling Order proposed order submitted by Rilla Jefferson. (Markovits, Joshua) |
Filing 52 ORDER GRANTING #51 Motion to Stay. Signed by Judge Jon Phipps McCalla on 5/27/2022. (mab) |
Filing 51 Joint MOTION to Stay (proposed order submitted) by Rilla Jefferson. (Markovits, Joshua) |
Filing 50 ORDER GRANTING #49 Motion to Extend Deadline. Signed by Judge Jon Phipps McCalla on 3/16/2022. (mab) |
Filing 49 Joint MOTION to Extend Deadline and Modify Scheduling Order (proposed order submitted) by General Motors LLC. (Benson, William) |
Filing 48 ORDER GRANTING #47 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 3/11/2022. (mab) |
Filing 47 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3827687) by General Motors LLC. (Attachments: #1 Exhibit List of Courts, #2 Exhibit Certificates of Good Standing)(Benson, William) |
Filing 46 ORDER GRANTING #45 Motion for Protective Order. Signed by Judge Jon Phipps McCalla on 11/18/2021. (mab) |
Filing 45 Consent MOTION for Protective Order Proposed Order Submitted by General Motors LLC. (Attachments: #1 Exhibit)(Kippins, Michael) |
Filing 44 ORDER GRANTING #42 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 10/21/2021. (mab) |
Filing 43 ANSWER to #1 Complaint with Jury Demand by General Motors LLC.(Kippins, Michael) |
Filing 42 Corrected MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) by Rilla Jefferson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Markovits, Joshua) |
Filing 41 Certificate of Good Standing by Rilla Jefferson. (Markovits, Joshua) |
Filing 40 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #39 Consent MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3716979) filed by Rilla Jefferson has been filed. However, the following deficiency has been found: Filer failed to include the required TWO certificates of good standing. The only certificate submitted is from the Supreme Court. The court requires that a certificate from a US District Court also be submitted. This motion will be termed, pending correct submission. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jae) |
Filing 39 Consent MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3716979) by Rilla Jefferson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Markovits, Joshua) |
Filing 38 SETTING LETTER: A Jury Trial has been set for Monday, 11/7/2022 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. The Proposed Joint Pretrial Order is due by 4:30 PM on 10/18/2022. A Pretrial Conference has been set for Friday, 10/28/2022 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. (jrs) |
Filing 37 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 10/5/2021. Susan Lafferty appeared for the Plaintiff. Joshua Markovits also was present for Plaintiff and will file a pro hac vice motion. Joseph Orzano and Michael Kippins appeared for the Defendant. This is an action under the Magnuson-Moss Warranty Act, 15 U.S.C. 2301, which also includes claims for breach of express warranty and breach of contract regarding a defect in GM's 2017 and 2018 Acadia vehicles. This case involves the same alleged defect that is at issue in Napoli-Bosse v. General Motors, LLC, No. 18-cv-01720 (D. Conn.). The Court reviewed case information and set schedule dates/deadlines. The Jury Trial is set for Monday, 11/7/2022 at 9:30 AM (CT) before Judge Jon Phipps McCalla in a courtroom to be determined. The trial is estimated to take 6-8 days. The Proposed Joint Pretrial Order is due by 4:30 PM (CT) on 10/18/2022. The Pretrial Conference is set for Friday, 10/28/2022 at 9:30 AM (CT) before Judge Jon Phipps McCalla. A Scheduling Order will be entered. (Court Reporter: Tina Gibson) (jrs) |
Filing 36 SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 10/5/2021. (mab) |
Filing 35 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #34 Report of Rule 26(f) Planning Meeting has been filed. For future reference, please note : Proposed orders are not to be published on ECF, but only emailed to chambers in word format. If no order previously emailed, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) |
Filing 34 REPORT of Rule 26(f) Planning Meeting . (Attachments: #1 Proposed Scheduling Order)(Lafferty, Susan) |
Filing 33 SETTING LETTER: The Telephonic Scheduling Conference has been RESET to Tuesday, 10/5/2021 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
Filing 32 ORDER GRANTING #31 Motion for Extension of Time to Answer. General Motors LLC answer due 10/18/2021. Signed by Judge Jon Phipps McCalla on 09/27/2021. (mab) |
Filing 31 MOTION for Extension of Time to File Answer re #1 Complaint Proposed Order Submitted by General Motors LLC. (Kippins, Michael) |
Filing 30 ORDER GRANTING #29 Motion to Continue. Signed by Judge Jon Phipps McCalla on 09/24/2021. (mab) |
Filing 29 MOTION to Continue Scheduling Conference (Proposed Order Attached) by Rilla Jefferson. (Lafferty, Susan) |
Filing 28 SETTING LETTER: A Telephonic Scheduling Conference is set for Monday, 10/4/2021 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
Filing 27 ORDER GRANTING IN PART and DENYING IN PART #15 Motion to Dismiss. Signed by Judge Jon Phipps McCalla on 09/20/21. (mab) |
Filing 26 RESPONSE in Support re #15 MOTION to Dismiss Plaintiff's Complaint and, if any Claims Survive, Motion to Strike Plaintiff's Request for Punitive Damages filed by General Motors LLC. (Hill, William) |
Filing 25 *TEXT ORDER* GRANTING #22 MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Jon Phipps McCalla on 12/8/2020. (joj) |
Filing 24 *TEXT ORDER* GRANTING #23 MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Judge Jon Phipps McCalla on 12/8/2020. (joj) |
Filing 23 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3499365) by General Motors LLC. (Attachments: #1 Exhibit A - M. Kippins List of Court Admissions, #2 Exhibit B - M. Kippins Certificates of Good Standing)(Kippins, Michael) |
Filing 22 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3491704) by General Motors LLC. (Attachments: #1 Exhibit A (Court Admissions), #2 Exhibit B (Certificate of Good Standing))(Orzano, Joseph) |
Filing 21 RESPONSE in Opposition re #15 MOTION to Dismiss Plaintiff's Complaint and, if any Claims Survive, Motion to Strike Plaintiff's Request for Punitive Damages filed by Rilla Jefferson. (Attachments: #1 Declaration of Sergei Lemberg, #2 Exhibit 1, #3 Exhibit 2)(Lafferty, Susan) |
Filing 20 NOTICE OF CANCELLATION: The Telephonic Scheduling Conference set for Thursday, November 5, 2020 at 9:30 a.m. is CANCELLED. (jrs) |
Filing 19 ORDER GRANTING #16 DEFENDANT'S UNOPPOSED MOTION TO CONTINUE AND ORDER STAYING THE CASE PENDING RULING ON MOTION TO DISMISS. Signed by Judge Jon Phipps McCalla on 11/2/2020. (joj) |
Filing 18 REPORT of Rule 26(f) Planning Meeting . (Hill, William) |
Filing 17 Corporate Disclosure Statement by General Motors LLC identifying Corporate Parent General Motors Company, Corporate Parent General Motors Holding LLC for General Motors LLC.. (Hill, William) |
Filing 16 Consent MOTION to Continue Scheduling Conference and Related Deadlines, Proposed Order Submitted by General Motors LLC. (Hill, William) |
Filing 15 MOTION to Dismiss Plaintiff's Complaint and, if any Claims Survive, Motion to Strike Plaintiff's Request for Punitive Damages by General Motors LLC. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Hill, William) |
Filing 14 SETTING LETTER: The Telephonic Scheduling Conference is RESET to Thursday, 11/5/2020 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
Filing 13 ORDER Denying #11 Defendant's Motion to Continue. Signed by Judge Jon Phipps McCalla on 10/19/2020. (pa) |
Filing 12 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #11 MOTION to Continue Scheduling Conference and Related Deadlines filed by General Motors LLC has been filed. For future reference, please note : Filer failed to indicate in docket text "Proposed Order Submitted" as required by local rules. If no order previously emailed to chambers, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) |
Filing 11 MOTION to Continue Scheduling Conference and Related Deadlines by General Motors LLC. (Hill, William) |
Filing 10 SETTING LETTER: A Telephonic Scheduling Conference is set for Wednesday, 11/4/2020 at 11:00 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
Filing 9 ORDER GRANTING #8 DEFENDANT'S UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO THE COMPLAINT. Signed by Judge Jon Phipps McCalla on 9/25/2020. (joj) |
Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint by General Motors LLC. (Hill, William) |
Filing 7 SUMMONS Returned Executed by Rilla Jefferson as to General Motors LLC. (Lafferty, Susan) |
Filing 6 Summons Issued as to General Motors LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) |
Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld) |
Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) |
Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) |
Filing 2 Judge Jon Phipps McCalla and Chief Magistrate Judge Tu M. Pham added. (jld) |
Filing 1 COMPLAINT against General Motors LLC (Filing fee $ 400 receipt number ATNWDC-3407498), filed by Rilla Jefferson. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Lafferty, Susan) |
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