Riley v. General Motors LLC
| Mark Riley |
| General Motors LLC |
| 2:2024cv02982 |
| December 11, 2024 |
| US District Court for the Western District of Tennessee |
| Thomas L Parker |
| Tu M Pham |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Both |
Docket Report
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| Filing 89 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 (jae) |
| Filing 88 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 (jae) |
| Filing 87 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 (jae) |
| Filing 86 Judge Thomas L. Parker and Chief Magistrate Judge Tu M. Pham added. (jae) |
| Filing 85 Case transferred in from District of Ohio Southern; Case Number 2:21-cv-00924. Original file certified copy of transfer order and docket sheet received. |
Filing 84
ORDER granting #83 Motion to Transfer Venue to the Western District of Tennessee. Signed by District Judge Algenon L Marbley on 12/11/2024. (cw) [Transferred from Ohio Southern on 12/11/2024.]
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| Case transferred to Western District of Tennessee. Case file and docket sheet sent Electronically. (jlk) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 83 STIPULATION to Transfer Venue to the Western District of Tennessee by Plaintiff Mark Riley. (Attachments: #1 Text of Proposed Order) (Markovits, Joshua) Modified event on 12/10/2024 (jlk). [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 82
NOTATION ORDER granting #79 Motion for Leave to Appear Pro Hac Vice of John Nadolenco as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 11/29/2024. (mas) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 81 AMENDED DOCUMENT by Defendant General Motors LLC. Amended Certificate of Good Standing for PHV of John Nadolenco. (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 80 Notice of Deficiency re: Certificate of Good Standing. The Certificate of Good Standing is not from the highest court of a state or the District of Columbia. Related Document: #79 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10267835) of John Nadolenco filed by General Motors LLC. Deficiency Deadline by 12/10/2024. (jlk) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 79 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10267835) of John Nadolenco by Defendant General Motors LLC. (Attachments: #1 Exhibit Certificate of good standing, #2 Text of Proposed Order Proposed Order granting Pro Hac Vice) (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 78 Joint Motion Requesting a Telephonic Conference Regarding the Parties' Settlement (Markovits, Joshua) Modified text and event on 11/26/2024 (jlk). [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 77
ORDER granting #76 Motion to Stay Case Deadlines. All case deadlines, including but not limited to Defendant General Motors LLC's November 25, 2024 deadline to oppose Plaintiff's pending motion to amend the complaint, are hereby STAYED. Signed by Magistrate Judge Elizabeth Preston Deavers on November 21, 2024. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 76 NOTICE of Settlement and JOINT MOTION to Stay Deadlines by Plaintiff Mark Riley (Attachments: #1 Text of Proposed Order) (Markovits, Joshua) Modified event on 11/21/2024 (jlk). [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 75 MOTION to Amend/Correct Complaint by Plaintiff Mark Riley. (Attachments: #1 Exhibit A - Proposed First Amended Complaint) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 74 REPLY to Response to Motion re #71 MOTION for Approval of Proposed Class Notice and Notice Plan filed by Plaintiff Mark Riley. (Attachments: #1 Exhibit G) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 73
ORDER granting #70 Motion to Set Briefing Schedule Regarding the Parties Proposal for Class Notice. Plaintiff's deadline to file motion for approval of class notice is 5/22/2024, GM's deadline to file a response is 6/12/2024 and Plaintiff's reply deadline is 6/26/2024. Signed by Chief Judge Algenon L. Marbley on 6/12/2024. (cw) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 72 RESPONSE in Opposition re #71 MOTION for Approval of Proposed Class Notice and Notice Plan filed by Defendant General Motors LLC. (Attachments: #1 Exhibit A -- Postcard Notice, #2 Exhibit B -- Long Form Notice, #3 Exhibit C -- Exclusion Form, #4 Exhibit D -- Affidavit Form, #5 Exhibit E -- Postcard Notice, #6 Exhibit F -- Long Form Notice) (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 71 MOTION for Approval of Proposed Class Notice and Notice Plan by Plaintiff Mark Riley. (Attachments: #1 Declaration of Jennifer M. Keough, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 70 Joint MOTION to Set Briefing Schedule Regarding the Parties' Proposals for Class Notice by Plaintiff Mark Riley. (Attachments: #1 Text of Proposed Order) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 69 REPLY to Response to Motion re #64 MOTION for Leave to File Post Class Certification Summary Judgment Motion filed by Defendant General Motors LLC. (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 68 RESPONSE in Opposition re #64 MOTION for Leave to File Post Class Certification Summary Judgment Motion filed by Plaintiff Mark Riley. (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 67
AMENDED ORDER RE #65 Order regarding Class Notice: GRANTING IN PART AND DENYING IN PART #66 MOTION for Extension of Time New date requested 5/24/2024 to Comply with Court's April 10, 2024 Order filed by General Motors LLC. Signed by Chief Judge Algenon L. Marbley on 4/22/2024. (cw) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 66 MOTION for Extension of Time New date requested 5/24/2024. to Comply with Court's April 10, 2024 Order by Defendant General Motors LLC. (Attachments: #1 Exhibit Order in Jefferson v. GM) (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 65
ORDER re Class Notice. Signed by Chief Judge Algenon L. Marbley on 4/10/2024. (cw) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 64 MOTION for Leave to File Post Class Certification Summary Judgment Motion by Defendant General Motors LLC. (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 63 Transcript of Oral Argument Proceedings held on March 19, 2024, before Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 4/16/2024. Redacted Transcript Deadline set for 4/26/2024. Release of Transcript Restriction set for 6/24/2024. (Evans, Shawna) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 62
OPINION AND ORDER granting #36 Motion to Certify Class; granting in part and denying in part #43 Motion to Exclude; granting in part and denying in part #46 Motion for Summary Judgment. Signed by Chief Judge Algenon L. Marbley on March 25, 2024. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 61 Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Hearing on #43 Defendants Motion to Exclude Opinions and Testimony of Plaintiffs Expert, #46 Defendants Motion for Summary Judgment, and #36 Plaintiffs Motion to Certify Class held on 3/19/2024. (Court Reporter: Shawna Evans) (dms) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 60 NOTICE by Plaintiff Mark Riley re #36 MOTION to Certify Class of Supplemental Authority (Attachments: #1 Exhibit A) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 59
ORDER granting #57 Motion for Order to excuse; granting #58 Motion for Order to excuse. Signed by Chief Judge Algenon L. Marbley on 3/14/2024. (cw) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 58 MOTION for Order to Excuse Daniel Birnbaum's Attendance at March 19, 2024 Oral Argument by Defendant General Motors LLC. (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 57 MOTION for Order to excuse trial attorney's attendance at March 19, 2024 oral argument by Plaintiff Mark Riley. (Screen, Donald) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 56
REVISED ORDER regarding Oral Argument on Outstanding Motions scheduled for 3/19/2024 at 9:30 a.m. Signed by Chief Judge Algenon L. Marbley on 3/12/2024. (cw) [Transferred from Ohio Southern on 12/11/2024.]
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Filing 55
ORDER Setting Hearing on Motions #36 MOTION to Certify Class, #46 MOTION for Summary Judgment, #43 MOTION to Exclude the Opinions and Testimony of Plaintiff's Expert Darren Manzari: Motion Hearing set for 3/19/2024 09:30 AM in Courtroom 331 - Columbus before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 1/11/2024. (cw) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 54 Response to Notice of Supplemental Authority by Plaintiff Mark Riley. (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 53 NOTICE by Defendant General Motors LLC re #46 MOTION for Summary Judgment Regarding Supplemental Authority (Attachments: #1 Exhibit) (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 52 REPLY to Response to Motion re #46 MOTION for Summary Judgment filed by Defendant General Motors LLC. (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 51 NOTICE by Plaintiff Mark Riley re #36 MOTION to Certify Class of Supplemental Authority (Attachments: #1 Exhibit A) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 50 REPLY to Response to Motion re #43 MOTION to Exclude the Opinions and Testimony of Plaintiff's Expert Darren Manzari filed by Defendant General Motors LLC. (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 49 RESPONSE in Opposition re #46 MOTION for Summary Judgment filed by Plaintiff Mark Riley. (Attachments: #1 Declaration of Joshua Markovits, #2 Exhibit A, #3 Exhibit B) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 48 RESPONSE in Opposition re #43 MOTION to Exclude the Opinions and Testimony of Plaintiff's Expert Darren Manzari filed by Plaintiff Mark Riley. (Attachments: #1 Declaration of Joshua Markovits, #2 Exhibit 1) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 47 REPLY to Response to Motion re #36 MOTION to Certify Class filed by Plaintiff Mark Riley. (Attachments: #1 Declaration of Joshua Markovits, #2 Exhibit 27) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 46 MOTION for Summary Judgment by Defendant General Motors LLC. (Attachments: #1 Memorandum of Law in Support of Motion for Summary Judgment, #2 Affidavit William F. Benson, #3 Exhibit A -- Deposition Transcript Excerpts of Mark Riley, #4 Exhibit B -- 2017 GMC Limited Warranty, #5 Exhibit C -- Technical Service Bulletin No. 19-NA-206, #6 Exhibit D -- Plaintiff's Initial Disclosures, #7 Exhibit E -- Plaintiff's Responses to Interrogatories, #8 Exhibit F -- Expert Report of Darren Manzari, #9 Exhibit G -- Deposition Transcript Excerpts of Darren Manzari) (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 45
ORDER Granting #44 Motion to Set Briefing Schedule re #43 MOTION to Exclude the Opinions and Testimony of Plaintiff's Expert Darren Manzari, and #36 MOTION to Certify Class by Plaintiff Mark Riley. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/11/2023. (sln) [Transferred from Ohio Southern on 12/11/2024.]
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| Reset Deadlines as to #36 MOTION to Certify Class - Plt's reply in support due by 8/4/2023, #43 MOTION to Exclude the Opinions and Testimony of Plaintiff's Expert Darren Manzari - Plt' s opposition due by 8/4/2023; Dft's reply in support due by 9/1/2023. (sln) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 44 Joint MOTION to Set Briefing Schedule re #43 MOTION to Exclude the Opinions and Testimony of Plaintiff's Expert Darren Manzari, #36 MOTION to Certify Class by Plaintiff Mark Riley. (Attachments: #1 Text of Proposed Order) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 43 MOTION to Exclude the Opinions and Testimony of Plaintiff's Expert Darren Manzari by Defendant General Motors LLC. (Attachments: #1 Memorandum in Support of Motion to Exclude Plaintiff's Expert, #2 Affidavit Declaration of William Benson, #3 Exhibit A -- Report and Expert Opinion of Darren Manzari, #4 Exhibit B -- Deposition Transcript Excerpts of Darren Manzari, #5 Exhibit C -- Deposition Transcript Excerpts of Tom Burlingame, #6 Exhibit D -- Deposition Transcript Excerpts of Mike Van Camp) (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 42 RESPONSE to Motion re #36 MOTION to Certify Class filed by Defendant General Motors LLC. (Attachments: #1 Affidavit Declaration of Michael Van Camp, #2 Affidavit Declaration of Joseph Orzano, #3 Exhibit A -- Deposition Transcript Excerpts of Mike Van Camp, #4 Exhibit B -- Deposition Transcript Excerpts of Steven Gornick, #5 Exhibit C -- Deposition Transcript Excerpts of Tom Burlingame, #6 Exhibit D -- Expert Report of Steven Gornick, #7 Exhibit E -- Deposition Transcript Excerpts of Mark Riley) (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 41
NOTATION ORDER granting #40 Unopposed MOTION for Extension of Time to File Memorandum in Opposition to #36 MOTION to Certify Class . Memorandum in Opposition due by 6/30/2023. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/2/2023. (EPD) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Certify Class New date requested 6/30/2023. by Defendant General Motors LLC. (Attachments: #1 Text of Proposed Order) (Benson, William) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 38
ORDER granting #37 Motion to File Document Under Seal. Plaintiff has filed a redacted copy of his motion on the public docket. (ECF No. 36.) Plaintiff shall submit an unredacted copy for filing under seal within SEVEN (7) DAYS of the date of this Order. Signed by Magistrate Judge Elizabeth Preston Deavers on May 22, 2023. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 37 MOTION to Seal Document by Plaintiff Mark Riley. (Markovits, Joshua) Modified event on 5/22/2023 (jlk). [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 36 MOTION to Certify Class by Plaintiff Mark Riley. (Attachments: #1 Memorandum of Law, #2 Declaration of Sergei Lemberg, #3 Declaration of Donald P. Screen, #4 Declaration of Joshua Markovits, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28) (Markovits, Joshua) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 35
ORDER granting #34 Motion to Extend the Case Schedule. GM to disclose expert information under Rule 26(a)(2) from March 6 to April 6, 2023, (ii) to complete expert depositions from April 5 to April 19, 2023, and (iii) for Plaintiff to file a motion for class certification from May 5 to May 19, 2023. Signed by Magistrate Judge Elizabeth Preston Deavers on February 21, 2023. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 34 Joint MOTION to Modify Preliminary Pretrial Order by Defendant General Motors LLC. (Attachments: #1 Text of Proposed Order) (Orzano, Joseph) [Transferred from Ohio Southern on 12/11/2024.] |
| NOTICE DESIGNATING MEDIATOR: Bradley A Powell assigned as mediator to this case. Previously assigned mediator withdrew. Within 14 days, the new mediator and parties will confer to set a date, time, and location for mediation in October 2022, or within 60 days of this notice. The mediator will then file a Notice Setting Mediation. (kk2) [Transferred from Ohio Southern on 12/11/2024.] |
| NOTICE DESIGNATING MEDIATOR: Kevin M McDermott II assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in October 2022, or within 60 days of this notice. The mediator will then file a Notice Setting Mediation. (kk2) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 31 NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in October 2022. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 9/1/2022. (kk2)In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference. [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 30 NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in September 2022. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 8/1/2022. (kk2) In light of the COVID-19 pandemic, the parties and mediators are ENCOURAGED to attempt mediation via telephone or video conference. [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 29
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on May 3, 2022. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 28 NOTICE by Defendant General Motors LLC re #27 Joint MOTION for Protective Order Exhibit - Protective Order (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 27 Joint MOTION for Protective Order by Defendant General Motors LLC. (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 26
PRELIMINARY PRETRIAL ORDER - The following schedule is adopted: Class Certification Motion due by 5/5/2023. Joinder of Parties due by 6/6/2022. Motions to Amend due by 6/6/2022. Initial Disclosures due by 5/5/2022. Discovery due by 4/5/2023. Clawback Agreement Deadline due by 5/5/2022. Dispositive motions due by 8/4/2023. Primary Expert due by 2/3/2023. Rebuttal Expert due by 3/6/2023. Settlement Demand due by 7/11/2022. Response to Settlement Demand due by 8/1/2022. Mediation Deadline: 9/2022. Signed by Magistrate Judge Elizabeth Preston Deavers on April 7, 2022. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 25 Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 4/7/2022. (sln) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 24 RULE 26(f) REPORT by Plaintiff Mark Riley. (Screen, Donald) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 23
NOTATION ORDER granting #22 Motion for Leave to Appear Pro Hac Vice of Joshua Markovits as co-counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so. Signed by Magistrate Judge Elizabeth Preston Deavers on March 30, 2022. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 22 Unopposed MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8796625) of Joshua Markovits by Plaintiff Mark Riley. (Attachments: #1 Exhibit Certificate of Good Standing) (Screen, Donald) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 21 ANSWER to #1 Complaint with Jury Demand filed by General Motors LLC. (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 20
NOTATION ORDER granting #19 Motion for Leave to Appear Pro Hac Vice of William F. Benson as co-counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on March 21, 2022. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 19 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8778523) of William F. Benson by Defendant General Motors LLC. (Attachments: #1 Exhibit A) (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 18 NOTICE of Hearing:Preliminary Pretrial Conference set for 4/7/2022 10:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 17
OPINION AND ORDER DENYING Defendants Motion to Dismiss (ECF No. 7). GRANTING Defendants Motion to Strike Plaintiffs request for Punitive Damages. Per Plaintiffs Response in Opposition (ECF No. 14), its Breach of Implied Warranty of Merchantability Claim is DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Algenon L. Marbley on 3/15/2022. (cw) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 16 NOTICE by Plaintiff Mark Riley of Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Jefferson v. General Motors LLC order) (Screen, Donald) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 15 REPLY to Response to Motion re #7 MOTION to Dismiss Plaintiff's Complaint And, If Any Claims Survive, Motion To Strike Plaintiff's Request For Punitive Damages filed by Defendant General Motors LLC. (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 14 RESPONSE in Opposition re #7 MOTION to Dismiss Plaintiff's Complaint And, If Any Claims Survive, Motion To Strike Plaintiff's Request For Punitive Damages filed by Plaintiff Mark Riley. (Attachments: #1 Exhibit A - Declaration of Sergei Lemberg, #2 Exhibit A-1 - Letter from S. Lemberg to General Motors, LLC, Oct. 31, 2018, #3 Exhibit A-2 - Report of Parties' Planning Meeting in Napoli-Bosse v. General Motors LLC) (Screen, Donald) [Transferred from Ohio Southern on 12/11/2024.] |
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NOTATION ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Sergei Lemberg. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/28/2021. (er) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8329254) of Sergei Lemberg by Plaintiff Mark Riley. (Attachments: #1 Exhibit Certificate of good standing) (Screen, Donald) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 12
ORDER granting #11 Motion to Continue Preliminary Pretrial Conference and Related Deadline pending the Court's issuance of a decision on Defendants motion to dismiss Plaintiffs Complaint. Signed by Magistrate Judge Elizabeth Preston Deavers on May 24, 2021. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 11 Unopposed MOTION to Continue and Memorandum in Support of General Motor's Motion to Continue Preliminary Pre-trial Conference and Related Deadline by Defendant General Motors LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
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Filing 10
NOTATION ORDER granting #5 Motion for Leave to Appear Pro Hac Vice of Joseph J. Orzano; granting #6 Motion for Leave to Appear Pro Hac Vice of Michael A. Kippins as co-counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on May 10, 2021. (jlk) [Transferred from Ohio Southern on 12/11/2024.]
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| Filing 9 NOTICE of Hearing: Telephonic Preliminary Pretrial Conference set for 6/8/2021 10:00 AM before Magistrate Judge Elizabeth Preston Deavers. (sem) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 8 Corporate Disclosure Statement by Defendants General Motors LLC, General Motors Company identifying Corporate Parent General Motors Company for General Motors LLC.. (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint And, If Any Claims Survive, Motion To Strike Plaintiff's Request For Punitive Damages by Defendant General Motors LLC. (Attachments: #1 Memorandum In Support Of Defendant's Motion To Dismiss Plaintiff's Complaint, #2 Defendant's Request For Judicial Notice In Support Of Its Motion To Dismiss Plaintiff's Complaint, #3 Exhibit A - GM Bulletin #18-NA-297, #4 Exhibit B - GM Bulletin #19-NA-206, #5 Exhibit C - AcadiaForum Excerpts, #6 Exhibit D - 2017 GM Limited Warranty, #7 Exhibit E - Connecticut Complaint, #8 Exhibit F - Connecticut First Amended Complaint) (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8297079) of Michael A. Kippins by Defendant General Motors LLC. (Attachments: #1 Exhibit Exhibit A - Certificate of Good Standing) (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8297064) of Joseph Orzano by Defendant General Motors LLC. (Attachments: #1 Exhibit Exhibit A - Certificate of Good Standing) (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 4 NOTICE of Appearance by Daniel R. Birnbaum for Defendant General Motors LLC (Birnbaum, Daniel) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 3 WAIVER OF SERVICE Returned Executed. Waiver sent to General Motors LLC on 3/8/2021, answer due 5/7/2021. (Screen, Donald) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 2 Summons Issued as to General Motors LLC. (jlk) [Transferred from Ohio Southern on 12/11/2024.] |
| Filing 1 COMPLAINT with JURY DEMAND against General Motors LLC ( Filing fee $ 402 paid - receipt number: AOHSDC-8201005), filed by Mark Riley. (Attachments: #1 Civil Cover Sheet, #2 Summons Form) (Screen, Donald) [Transferred from Ohio Southern on 12/11/2024.] |
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