Poole v. General Motors LLC
Consolidated
Lead case: 1:14-md-02543
Lead case: 1:14-md-02543
New York Southern District Court | |
Judge: | Jesse M Furman |
Case #: | 1:19-cv-11900 |
Nature of Suit | 365 Torts - Personal Injury - Product Liability |
Cause | 28:1332pl Diversity-Product Liability |
Case Filed: | Dec 30, 2019 |
Terminated: | May 22, 2020 |
Last checked: Saturday Jun 27, 2020 5:20 AM EDT |
Defendant
General Motors LLC
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Represented By
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Plaintiff
ALL PLAINTIFFS
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Represented By
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TERMINATED PARTIES | |
Plaintiff
Ladarius Poole
Terminated: 05/22/2020
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Represented By
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Docket last updated: 10 hours ago |
Thursday, February 17, 2022 | ||
46 | 46
![]() ORDER [Amending the Restrictions on Use of Confidential and Highly Confidential Information]. Defendants and Lead Counsel for plaintiffs having consented thereto, and for good cause shown, Order No. 10 Paragraph 7(a) (Docket No. 294), as amended by Order No. 103 (Docket No.2901), is further amended to state as follows (changes in italics) and as further set forth in this Order. In addition, Order No. 10 Paragraph 8 (Docket No. 294), as amended by Order No. 103 (Docket No. 2901), is further amended to state as follows (changes in italic) and as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/17/22) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv) |
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Friday, October 15, 2021 | ||
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![]() ORDER NO. 178. When this MDL began, the Court entered Orders permitting parties to file related cases directly in this District, even if venue would otherwise be improper. See Order No. 1, Docket No. 19; Order No. 8, Docket No. 249. Now that the Court has suggested to the Judicial Panel on Multidistrict Litigation ("JPML") that it cease transferring cases, see Order No. 177, Docket No. 8621, and the JPML has suspended notification of potential tag-along cases to this MDL, see MDL 2543 Docket No. 1361, the Court hereby RESCINDS permission to file any case directly in the Southern District of New York if venue is not otherwise proper in this District. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/15/21) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv) |
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Wednesday, October 06, 2021 | ||
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![]() ORDER NO. 177: SUGGESTION TO THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION CONCERNING FUTURE TAG-ALONG CASES On July 12, 2021, after considering the proposals of New GM and Lead Counsel, the Court determined that it would in three months suggest that the Judicial Panel on Multidistrict Litigation ("JPML") cease transferring cases to MDL 2543. (ECF No. 8563.) For substantially the reasons stated in Lead Counsel's proposal (ECF No. 8562) and for good cause shown, it is hereby SUGGESTED that the JPML decline to transfer and consolidate tag-along cases to MDL 2543. The Clerk of Court is directed to send a copy of this Order to the Judicial Panel on Multidistrict Litigation. SO SUGGESTED. (Signed by Judge Jesse M. Furman on 10/6/2021) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ks) |
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Wednesday, July 28, 2021 | ||
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![]() MOTION for Eric Lechtzin to Withdraw as Attorney . Document filed by Nicole Salerno.Filed In Associated Cases: 1:14-md-02543-JMF et al..(Lechtzin, Eric) |
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Monday, May 24, 2021 | ||
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![]() ORDER NO. 176 re: (8349 in 1:14-md-02543-JMF) Order. [Regarding Monthly Reporting on Active and Related Cases] Upon consideration of Lead Counsel and New GM's proposed order, and for good cause shown in light of the volume of Active personal injury and wrongful death cases remaining in the MDL, it is hereby ORDERED that: 1. The parties are relieved of their obligation to submit a Monthly Update pursuant to Order No. 175 (Docket No. 8349). 2. The parties shall update the Court if and when there are any material new developments. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/24/2021) Filed In Associated Cases: 1:14-md-02543-JMF et al. (va) |
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Friday, March 12, 2021 | ||
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![]() 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.Filed In Associated Cases: 1:14-md-02543-JMF et al..(Peller, Gary) |
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Tuesday, January 19, 2021 | ||
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![]() ORDER NO 175: [Regarding Monthly Reporting on Active and Related Cases]: Upon consideration of Lead Counsel and New GM's proposed order, and for good cause shown, it is hereby ORDERED that: Each month, the parties shall submit a joint letter to the Court (the "Monthly Update") providing updates regarding: (1) Active personal injury and wrongful death plaintiffs in MDL 2543; (2) the status of New GM's settlement efforts; and (3) matters of possible significance in cases related to MDL 2543 proceeding in other courts, including state courts. With respect to Active personal injury and wrongful death plaintiffs in MDL 2543, the Monthly Update shall include: as set forth herein. With respect to New GM's settlement efforts, the Monthly Update shall include: as set forth herein. With respect to matters of possible significance in proceedings related to MDL 2543, the Monthly Update shall include: as set forth herein. Each month, New GM shall also submit to the Court via e-mail a spreadsheet of the remaining Active personal injury and wrongful death plaintiffs, including any upcoming deadlines in each plaintiff's case and the order associated with the deadline. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/19/2021) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ama) |
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Wednesday, December 23, 2020 | ||
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![]() 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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![]() 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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Friday, December 18, 2020 | ||
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![]() 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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![]() 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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![]() 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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Monday, August 10, 2020 | ||
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![]() 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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Friday, June 26, 2020 | ||
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![]() 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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Wednesday, May 27, 2020 | ||
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![]() 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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![]() 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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misc
Notice Regarding Deleted Document
Fri 05/29 11:31 AM
***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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Friday, May 22, 2020 | ||
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![]() ORDER OF DISMISSAL: In light of the foregoing, the Affected Plaintiffs' claims are hereby DISMISSED with prejudice. See In re World Trade Ctr. Disaster Site Litig., 722 F.3d at 487 (holding "that the court did not exceed the bounds of its discretion in dismissing the noncompliant plaintiffs' complaints"). The Clerk of Court is directed to terminate the Affected Plaintiffs identified in Exhibit A as Plaintiffs in 14-MD-2543 and to terminate: 1. 14-MD-2543, ECF No. 7904; 2. 20-CV-101, ECF No. 26; 3. 20-CV-104, ECF No. 26; 4. 18-CV-7957, ECF No. 44; 5. 20-CV-092, ECF No. 26; 6. 20-CV-094, ECF No. 26; 7. 19-CV-11900, ECF No. 26; 8. 20-CV-096, ECF No. 26; and 9. 19-CV-11898, ECF No. 26. The Clerk of Court is further directed to close each of the above member cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/22/2020) Aareon Clark terminated.Filed In Associated Cases: 1:14-md-02543-JMF et al. (ks) |
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Thursday, May 21, 2020 | ||
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![]() REPLY MEMORANDUM OF LAW in Support re: (7904 in 1:14-md-02543-JMF) MOTION to Dismiss With Prejudice for Failure to Submit Discovery Required by Order No. 25 . . Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF et al..(Bloomer, Andrew) |
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Wednesday, May 06, 2020 | ||
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![]() MOTION to Dismiss With Prejudice Plaintiffs for Failure to Submit Discovery Required by Order No. 25 . Document filed by General Motors LLC..(Bloomer, Andrew) |
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Monday, May 04, 2020 | ||
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![]() ORDER. In light of the advanced stage of the proceedings and the slim likelihood that further relevant cases will be filed, the Court is inclined to suggest to the Judicial Panel on Multidistrict Litigation that it decline to transfer and consolidate further tag-along cases effective June 1, 2020. No later than May 11, 2020, any party objecting to that proposal shall file a letter explaining the nature of the objection on ECF. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/4/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv) |
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![]() ORDER SUPPLEMENTING ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT, DIRECTING NOTICE UNDER RULE 23(E), AND GRANTING RELATED RELIEF in case 1:14-cv-02458-JMF; granting (7888) Motion for Settlement in case 1:14-md-02543-JMF. IT IS HEREBY ORDERED AS FOLLOWS: The Court hereby preliminarily approves the revised provisions of the Amended Settlement Agreement, including the amended Class Notice exhibits (Exhibits 5, 11, 12, 16 and 17), for substantially the same reasons as stated in the Preliminary Approval Order. At the time that the Court entered the Preliminary Approval Order, the Court had already been informed of the terms of the agreement-in-principle with the AAT and finds that the incorporation of those terms in the Amended Settlement Agreement does not alter any of its previous findings. The Clerk of Court is directed to terminate ECF No. 7888. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 5/4/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv) |
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Monday, April 27, 2020 | ||
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![]() ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT, DIRECTING NOTICE UNDER RULE 23(E), AND GRANTING RELATED RELIEF in case 1:14-cv-02458-JMF; granting (7816) Motion for Settlement in case 1:14-md-02543-JMF. IT IS HEREBY ORDERED AS FOLLOWS: The Court preliminarily approves the proposed Settlement Agreement, including the Allocation Decision, because the Parties have shown, and the Court concludes, that, pursuant to Federal Rule of Civil Procedure 23(e)(1)(B)(i), the Court will likely be able to grant final approval and find that the Settlement Agreement is fair, reasonable, and adequate, including that (i) Plaintiffs and Plaintiffs' Class Counsel have adequately represented the Class, (ii) the Subclass representatives and Allocation Counsel have adequately represented their respective Subclasses, (iii) the Settlement Agreement was entered into in good faith, free of collusion, through significant arm's-length negotiations assisted by the experienced Court-Appointed Economic Loss Settlement Mediator; (iv) the Allocation Decision was reached through arms-length negotiations and presentations from Allocation Counsel and then determined by the Court-Appointed Economic Loss Settlement Mediator; (v) the relief provided for the Class and each Subclass is adequate taking into account the costs, risks, and delay of trial and appeal and the effectiveness of distributing relief; and (vi) the Settlement Agreement and Allocation Decision treat Class Members equitably relative to each other. The Court authorizes establishment of the Common Fund in accordance with the terms of the Qualified Settlement Fund Trust Agreement, which is attached to the Settlement Agreement as Exhibit 7. The Common Fund is established as a "qualified settlement fund" within the meaning of Section 468B of the Internal Revenue Code and the Treasury Regulations thereunder. The Common Fund shall be operated in a manner consistent with the rules of Treasury Regulation Section 1.468B-1, et seq. The Court shall retain continuing jurisdiction and supervision over the Common Fund, in accordance with the terms of the Qualified Settlement Fund Trust Agreement. The Court appoints Flora Bian of JND Legal Administration as Qualified Settlement Fund Administrator and Trustee to carry out all duties and responsibilities of the Qualified Settlement Fund Administrator and Trustee as specified in the Settlement Agreement, the Qualified Settlement Fund Trust Agreement and herein. The Parties and the Motors Liquidation Company Avoidance Action Trust (the "AAT") shall file an amended Settlement Agreement (the Amended Settlement Agreement), no later than May 1, 2020, which, in consideration for the AAT's agreement to contribute $2.2 million to the Common Fund, shall include a provision releasing all potential claims against Old GM, the Old GM bankruptcy estate and the AAT, and otherwise be consistent with (i) the terms set forth in that Joint Letter, dated April 22, 2020, filed at Docket Number 7869 and (ii) the representations made on the record at the Joint Hearing held on April 23, 2020 before the Honorable Jesse M. Furman and the Honorable Martin Glenn. For the avoidance of doubt, and consistent with the Order (I) Approving the GUC Trust Administrator's Actions; (II) Approving the Settlement Agreement and the Release Agreement Pursuant to Federal Rule of Bankruptcy Procedure 9019 and (III) Authorizing Reallocation of GUC Trust Assets entered in the Bankruptcy Court (Dkt. 14730), any provisions in the Settlement Agreement preserving claims against Old GM, the Old GM bankruptcy estate and the AAT, including but not limited to paragraphs 142 and 143, are not preliminarily approved. The Court, for settlement purposes only, appoints the following Plaintiffs as interim class representatives for the Class as further set forth in this Order. The Court, for settlement purposes only, appoints the following Plaintiffs as interim representatives of each Subclass as further set forth in this Order. The Court appoints, for settlement purposes only, Steve W. Berman, of Hagens Berman Sobol Shapiro LLP and Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein, LLP as interim Class Counsel under Federal Rule of Civil Procedure 23(g)(3). Class Counsel are authorized to act on behalf of the Class with respect to all acts required by, or which may be given pursuant to, the Settlement Agreement or such other acts that are reasonably necessary to consummate the proposed Settlement set forth in the Settlement Agreement and as further set forth in this Order. The Court therefore approves the proposed Class Notice plan, and hereby directs that such notice be disseminated to Class Members in the manner set forth in the Settlement Agreement and described in the Declaration of the Class Action Settlement Administrator attached as Exhibit 14 to the Settlement Agreement under Federal Rule of Civil Procedure 23(e)(1). The Plaintiffs, New GM, and the GUC Trust are directed to take all necessary and appropriate steps to disseminate Class Notice, including Notice substantially in the forms of amended Exhibits 5 (Long Form Notice), 11 (Short Form Notice), and 12 (Summary Settlement Notice) to the Settlement Agreement. The Parties are further directed to ensure the MDL website provides a link to the Settlement website. The Court appoints Jennifer Keough of JND Legal Administration ("JND") as Class Action Settlement Administrator and directs Ms. Keough to carry out all duties and responsibilities of the Class Action Settlement Administrator as specified in the Settlement Agreement and herein. The Court authorizes the Class Action Settlement Administrator, through data aggregators or otherwise, to request, obtain and utilize vehicle registration information from the Department of Motor Vehicles for all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands and all other United States territories and/or possessions for the purposes of identifying the identity of and contact information for purchasers and lessees of Subject Vehicles. Vehicle registration information includes, but is not limited to, owner/lessee name and address information, registration date, year, make, and model of the vehicle. Pursuant to the Settlement Agreement, all Settlement Implementation Expenses, including but not limited to the costs of Class Notice and retention of the Class Action Settlement Administrator and the Qualified Settlement Fund Administrator and Trustee, shall be paid from the Common Fund, but only upon either (i) written approval by Plaintiffs Class Counsel, New GM, and the GUC Trust or (ii) leave of Court. The Court will hold a Fairness Hearing on December 18, 2020, at 9:30 a.m. in Courtroom 1105 of Thurgood Marshall United States Courthouse, located at 40 Centre Street, New York, NY 10007. The purpose of the Fairness Hearing will be to: (i) determine whether the proposed Settlement is fair, reasonable and adequate to the Class, and should be approved by the Court; (ii) determine whether judgment should be entered pursuant to the Settlement Agreement, dismissing the Actions with prejudice and granting the Class Members Release; (iii) determine whether the Class should be finally certified for purposes of settlement; (iv) consider any properly filed Settlement Objections; and (v) consider any other matters necessary in connection with the final approval of the Settlement Agreement. No later than November 9, 2020, i.e., the first business day more than 195 days after entry of this Order, the Parties and/or any Class Member supporting the Settlement may submit briefing and any related materials in response to any Settlement Objections and/or in support of the Settlement. Any opposition to final approval of the Settlement shall be filed by November 23, 2020; any reply shall be filed by December 3, 2020. Any submissions by the Parties shall be filed unless leave is obtained from the Court to file separately. No later than September 28, 2020, i.e., 154 days after entry of this Order, Class Counsel shall file a motion for Attorneys' Fees and Expenses in accordance with the terms of Section VIII of the Settlement Agreement. Any opposition shall be filed within two weeks of the motion; any reply shall be filed within one week of the opposition. The Court shall retain jurisdiction over the Settlement Agreement and the Actions pending before this Court to consider all further matters arising out of or connected with the Settlement. The Clerk of Court is directed to terminate ECF No. 7816. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 4/27/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv) |
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utility
Set/Reset Deadlines Set/Reset Hearings
Mon 04/27 4:23 PM
Set/Reset Deadlines: ( Motions due by 9/28/2020.), Set/Reset Hearings:( Fairness Hearing set for 12/18/2020 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) Associated Cases: 1:14-md-02543-JMF et al.(yv) |
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misc
Notice Regarding Deleted Document
Thu 04/30 2:47 PM
***DELETED ENTRY. Deleted entry Class Action Certified. The entry was incorrectly filed in this case. Filed In Associated Cases: 1:14-md-02543-JMF et al.(yv) |
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Wednesday, April 22, 2020 | ||
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![]() ORDER: During the hearing scheduled for tomorrow, the Honorable Martin Glenn, United States Bankruptcy Judge for the Southern District of New York, will hear argument first concerning the GUC Trust's motion. The undersigned will then hear argument concerning (1) the motion to withdraw the reference and (2) the motion for preliminary approval of the settlement. In accordance with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-jesse-m-furman, counsel should adhere to the following rules and guidelines during the hearing.... With respect to the motion to withdraw the reference and the motion for preliminary approval of the settlement, counsel should be prepared to answer the following questions and/or address the following issues. To help ensure that the discussion proceeds smoothly, counsel should coordinate in advance to designate the presumptive speaker or speakers for each issue. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 4/22/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab) |
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Monday, April 20, 2020 | ||
21 | 21
![]() ORDER. Per the Court's Emergency Individual Rules and Practices, the hearing scheduled in this case for April 23, 2020, at 9:30 a.m. will be conducted telephonically. The Court has arranged for the use of CourtCall, an independent conference call company, to enable the parties, counsel, and anyone interested (including members of the public and press) to attend remotely. Counsel for the parties must call CourtCall's reservation desk at (888) 882-6878, or make a reservation online at www.courtcall.com, no later than 4:00 p.m. Eastern Time on April 22, 2020. CourtCall will charge parties and counsel participating in the conference $35 for the first 45 minutes, and $7.50 for each 15-minute increment thereafter. The Court has received the parties' list of attorneys who will attend and speak at the conference. If there are any changes to these lists, the parties shall notify the Court no later than 1:00 p.m. on April 22, 2020. Any changes after that time may be made only with express leave of Court, which should be requested by email at Furman_NYSDChambers@nysd.uscourts.gov. To ensure public access to the conference, the Court has arranged for CourtCall to provide a toll-free number for members of the public and press to listen to the conference. Members of the public and press should call (855) 855-8556, and enter access code 587-8792, followed by the pound (#) key. There will be no charge for using this line. Anyone using this line will be in "listen-only" mode and will not be able to speak during the proceedings. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/20/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv) |
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Thursday, April 09, 2020 | ||
20 | 20
![]() ORDER NO. 168 in case 1:14-cv-02458-JMF; terminating (7095) Motion for Summary Judgment; terminating (7100) Motion in Limine in case 1:14-md-02543-JMF. The undersigned and the Honorable Martin Glenn will hold a joint hearing on the above-referenced motions on April 23, 2020 at 9:30 a.m. Unless the Courts order otherwise, the hearing will be held by telephone in light of the current public health situation. The Courts will issue orders in due course explaining how to participate in, or listen to, the telephone conference. Counsel shall promptly and prominently post this Order and call-in information on the MDL website (www.gmignitionmdl.com). No later than 1:00 p.m. on April 16, 2020, Lead Counsel, counsel for New GM, and counsel for the GUC Trust shall provide this Court with a list of any participants who should be granted speaking privileges for the conference. Unless the Court orders otherwise for good cause shown by letter motion in advance of the conference, all other participants in the telephone conference will be in listen-only mode. In light of the foregoing, the Court concludes that other pending motions related to the Economic Loss Plaintiffs' claims can and should be terminated without prejudice to renewal in the event that the proposed settlement is not approved or otherwise consummated. The Clerk of Court is therefore directed to terminate 14-MD-2543, ECF Nos. 6065, 7095, and 7100. If counsel for any party believes that any other motion can and should be terminated, they shall so advise the Court. SO ORDERED.. (Signed by Judge Jesse M. Furman on 4/6/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ks) |
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Monday, April 06, 2020 | ||
utility
Set/Reset Hearings
Thu 04/09 5:55 PM
Set/Reset Hearings: Telephone Conference set for 4/23/2020 at 09:30 AM before Judge Jesse M. Furman. Associated Cases: 1:14-md-02543-JMF et al.(ks) |
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Thursday, April 02, 2020 | ||
19 | 19
![]() ORDER OF DISMISSAL... In light of the Affected Plaintiffs' continued failure to submit substantially complete PFSs as required by Order No. 25, their claims are hereby DISMISSED without prejudice. Should any Affected Plaintiff submit all required documentation within the next thirty days, or otherwise contest this dismissal, he or she may move to vacate the dismissal within 30 days of the date of this order, pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate: 1. 14-MD-2543, ECF No. 7809; 2. 20-CV-101, ECF No 17; 3. 20-CV-104, ECF No. 17; 4. 19-CV-11922, ECF No. 14; 5. 18-CV-7957, ECF No. 35; 6. 20-CV-92, ECF No. 17; 7. 20-CV-94, ECF No. 17; 8. 19-CV-11900, ECF No. 17; 9. 20-CV-96, ECF No. 17; 10. 19-CV-11898, ECF No. 17; Because Plaintiffs still have an opportunity to vacate their dismissals, the Clerk of Court is directed not to terminate the Affected Plaintiffs or to close their cases. SO ORDERED., Motions terminated: (17 in 1:19-cv-11900-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . filed by General Motors LLC, (17 in 1:20-cv-00096-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . filed by General Motors LLC, (17 in 1:20-cv-00101-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . filed by General Motors LLC, (17 in 1:20-cv-00092-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . filed by General Motors LLC, (17 in 1:20-cv-00104-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . filed by General Motors LLC, (17 in 1:20-cv-00094-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . filed by General Motors LLC, (7809 in 1:14-md-02543-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . filed by General Motors LLC, (17 in 1:19-cv-11898-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . filed by General Motors LLC, (14 in 1:19-cv-11922-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . filed by General Motors LLC. (Signed by Judge Jesse M. Furman on 4/2/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv) |
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Tuesday, March 31, 2020 | ||
18 | 18
![]() REPLY MEMORANDUM OF LAW in Support re: (7809 in 1:14-md-02543-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . . Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF et al..(Bloomer, Andrew) |
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Att: 1
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Friday, March 13, 2020 | ||
17 | 17
![]() MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order No. 25 . Document filed by General Motors LLC..(Bloomer, Andrew) |
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Att: 1
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Friday, March 06, 2020 | ||
16 | 16
![]() JOINT LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated March 6, 2020 re: Eligible Wave Four Plaintiffs. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF et al..(Bloomer, Andrew) |
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Thursday, March 05, 2020 | ||
15 | 15
![]() NOTICE of 33 Plaintiffs Eligible to Participate in Wave Four Targeted Discovery, Pursuant to Order No. 167. Document filed by General Motors LLC. Filed In Associated Cases: 1:14-md-02543-JMF et al..(Bloomer, Andrew) |
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Wednesday, March 04, 2020 | ||
14 | 14
![]() ORDER NO. 167: Regarding Procedures and Schedule for Wave Four Targeted Discovery and Motion Practice and Additional Wave Pools to Address Remaining Personal Injury Claims -- Given the remarkable success of the "wave" process in this multidistrict litigation ("MDL") to date, the Court agrees with New GM that a Wave Four should be adopted to address the remaining personal injury and wrongful death claims (many of which were filed after the previous waves were adopted) and any new claims filed in the future. For good cause shown, the Court thus adopts the following schedule and procedures for Wave Four discovery of and motion practice regarding the remaining personal injury and wrongful death cases, as well any new claims that may be filed and consolidated going forward. That said, the Court is sympathetic to Lead Counsel's concerns regarding claims that have been pending in this MDL for a significant amount of time. See ECF No. 7783, at 3. To help ensure that such claims are advanced more quickly, with an eye toward settlement or remand, the Court would be open to adopting more "aggressive" procedures claims that were initially filed before January 1, 2017 (i.e., the first seven claims listed in ECF No. 7783-2), including but not limited to perhaps allowing "bilateral fact and expert discovery" for such claims. Id. at 5. Lead Counsel and counsel for New GM shall meet and confer to discuss the issue and, no later than March 13, 2020, submit an agreed-upon proposed order with respect to these claims or competing orders and letter briefs. Unless and until the Court adopts additional or different procedures for such claims, they shall be subject to the schedule and procedures set forth herein. (SEE ORDER.) (Signed by Judge Jesse M. Furman on 3/4/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab) |
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Tuesday, February 25, 2020 | ||
13 | 13
![]() NOTICE of Overdue Discovery Pursuant to Order No. 25. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF et al..(Bloomer, Andrew) |
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Att: 1
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Att: 2
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Wednesday, February 19, 2020 | ||
12 | 12
![]() MEMORANDUM OPINION AND ORDER: The Court has considered L&E's remaining arguments and finds them to be without merit. Accordingly, L&E's motion is DENIED, without prejudice to renewal after resolution of the Pending Motion. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/19/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al. (jca) |
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Friday, February 07, 2020 | ||
11 | 11
![]() SCHEDULING ORDER: On February 6, 2020, Langdon & Emison filed a notice of appeal from the Court's Order of November 8, 2019. See ECF No. 7712. If any party believes the notice of appeal moots or otherwise has bearing on the pending motion for certification pursuant to Federal Rule of Civil Procedure 54(b), see ECF No. 7683, it shall advise the Court by letter no later than February 10, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/7/20) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv) |
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Tuesday, January 21, 2020 | ||
10 | 10
![]() SCHEDULING ORDER: Any party that objects to the motion for certification and entry of a final judgment filed by Langdon & Emison LLC, 14-MD-2543, ECF No. 7683, shall file a letter advising the Court of the intent to file an opposition no later than January 24, 2020. The formal opposition itself shall be filed no later than February 4, 2020. Any reply shall be filed no later than February 11, 2020. If no party files a letter by January 24, 2020, the Court will treat the motion as unopposed. Langdon & Emison incorrectly filed its motion in every single member case. The Clerk of Court is directed to terminate all motions filed in member cases on January 20, 2020, but to leave to leave the motion filed on the main docket (14-MD-2543, ECF No. 7683) active. SO ORDERED. Responses due by 2/4/2020 Replies due by 2/11/2020. (Signed by Judge Jesse M. Furman on 1/21/2020) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ama) |
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Monday, January 20, 2020 | ||
9 | 9
![]() MOTION for Judgment Motion for Certification Pursuant to Federal Rule of Civil Procedure 54(b) and Entry of Final Judgment Under FRCP 58 . Document filed by ALL PLAINTIFFS.Filed In Associated Cases: 1:14-md-02543-JMF et al.(Emison, Brett) |
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Att: 1
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Thursday, January 16, 2020 | ||
8 | 8
![]() MEMO ENDORSEMENT: on re: (6 in 1:20-cv-00094-JMF, 7 in 1:19-cv-11898-JMF, 7678 in 1:14-md-02543-JMF, 7 in 1:19-cv-11900-JMF, 6 in 1:20-cv-00104-JMF, 4 in 1:19-cv-11922-JMF, 6 in 1:20-cv-00096-JMF, 6 in 1:20-cv-00092-JMF, 6 in 1:20-cv-00101-JMF) Letter filed by General Motors LLC. ENDORSEMENT: Request Granted. The Clerk of Court is directed to docket this in the cases listed in Exhibit 1, but is directed not to close those cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/16/2020) (ama) |
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Wednesday, January 15, 2020 | ||
7 | 7
![]() JOINT LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated January 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 et al.(Bloomer, Andrew) |
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Thursday, January 02, 2020 | ||
6 | 6
![]() CERTIFICATE OF SERVICE of Letter served on Affected Plaintiffs on January 2, 2020. Service was made by E-Mail. Document filed by General Motors LLC.Filed In Associated Cases: 1:14-md-02543-JMF et al.(Bloomer, Andrew) |
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Att: 1
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5 | 5
![]() MDL CONSOLIDATION ORDER: Pursuant to the June 12, 2014 Order of the Judicial Panel on Multidistrict Litigation (JPML), In re: General Motors Ignition Switch Litigation, 14-MD-2543, has been assigned to this Court for coordinated or consolidated pretrial proceedings. 14-MD-2543, ECF No. 1. As this case, Poole v. General Motors LLC, 19-CV-11900, has been directly filed in this district and, based on the Courts review, appears to be within the scope of the multidistrict litigation, it is hereby ORDERED that it is transferred to 14-MD-2543 for coordinated or consolidated pretrial proceedings, subject to the process for objections set forth in Section II of Order No. 8. See 14- MD-2543, Docket No. 249, at 4-5. Counsel is advised to consult the docket in 14-MD-2543,including Order Nos. 1 and 25 (14-MD-2543, Docket Nos. 19 and 422, respectively), as well as the GM Ignition Switch MDL website (http://gmignitionmdl.com), for other pertinent information. The Clerk of Court is directed to docket this Order in the above-captioned cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/02/2020) (ama) |
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notice
Case Opening Initial Assignment Notice
Thu 01/02 10:50 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
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Case Designated ECF
Thu 01/02 10:51 AM
Case Designated ECF. (pne) |
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Case Referred as Possibly Related/Similar
Thu 01/02 10:51 AM
CASE REFERRED TO Judge Jesse M. Furman as possibly related to 14MD2543. (pne) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 01/02 10:53 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexander Dwyer. The following case opening statistical information was erroneously selected/entered: Office code White Plains. The following correction(s) have been made to your case entry: the Office code has been modified to Foley Square. (pne) |
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Case Accepted as Related
Thu 01/02 2:23 PM
CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. Notice of Assignment to follow. (wb) |
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notice
Notice of Case Assignment/Reassignment
Thu 01/02 2:24 PM
NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (wb) |
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utility
Case Designation
Thu 01/02 2:24 PM
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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (wb) |
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Case Consolidation - Member
Thu 01/02 5:18 PM
CONSOLIDATED MEMBER CASE: Create association to 1:14-md-02543-JMF.. (ama) |
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Monday, December 30, 2019 | ||
4 | 4
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3 | 3
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2 | 2
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1 | 1
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