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)
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 CBE2F08. (Attachments: # 1 Affidavit Declaration of CBE2F08)Filed In Associated Cases: 1:14-md-02543-JMF et al..(CBE2F08)
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)
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)
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)
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)
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)
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)
***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)
***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)
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)
ORDER: On April 12, 2019, the Court cancelled the status conference scheduled for April 18, 2019. See Docket No. 6667. No later than one week from the date of this Order, the parties shall submit a joint letter advising the Court of whether or when there is a need for a status conference and, if so, (1) what topics the conference should cover (including but not limited to whether the conference should be limited to personal injury and wrongful death cases in light of the pending class certification and summary judgment motions as to the economic loss claims); and (2) dates upon which all relevant counsel are available. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/2/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(jca) (Entered: 05/02/2019)
ORDER NO. 163 [Regarding Modifications to Agreed Preservation Order Nos. 2-6]: The Court, having received and reviewed the parties' April 25, 2019 request to modify or withdraw the Agreed Preservation Orders governing New GM's obligations for maintaining and preserving recalled parts covered by certain National Highway Traffic Safety Administration ("NHTSA") Recall Campaigns (Docket No. 6708), HEREBY ORDERS, ADJUDGES, and DECREES that the following Agreed Preservation Orders shall be modified and/or withdrawn as follows: Agreed Preservation Order No. 2 (Docket No. 279) Withdrawn except as to the preservation obligations relating to parts covered by NHTSA Recall Campaigns 14V-118 and 14V-153, which remain operative; Agreed Preservation Order No. 3 (Docket No. 344) Withdrawn and dissolved in its entirety; Agreed Preservation Order No. 4 (Docket No. 403) Withdrawn and dissolved in its entirety; Agreed Preservation Order No. 5 (Docket No. 605) Withdrawn and dissolved in its entirety; and Agreed Preservation Order No. 6 (Docket No. 880) Withdrawn except as to the preservation obligations relating to parts covered by NHTSA Recall Campaigns 14V-346 and 14V-394, which remain operative. Should any party to this litigation object to the foregoing modifications and/or withdrawals, such objection(s) shall be filed on the main MDL docket within twenty-one (21) days of the entry of this Order, and shall specify the particular recall campaign preservation obligation that is the subject of the objection, as well as the basis for that objection. (Signed by Judge Jesse M. Furman on 4/29/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 04/29/2019)
ORDER NO. 162 [Regarding Next Steps For 18 Post-Sale Personal Injury Claims]: By Friday, March 15, 2019, New GM will provide Lead Counsel a list of plaintiffs it has identified as those it believes should be subject to dispositive motion practice in light of the Court's December 28, 2017 Opinion and Order. See In re GM LLC Ignition Switch Litig., 2017 WL 6729295, at *1 (S.D.N.Y. Dec. 28, 2017). By Friday, March 22, 2019, New GM and Lead Counsel shall submit a joint letter (and, if appropriate, a proposed order) with respect to how the Court should address the claims of those plaintiffs. By Friday, March 29, 2019, the parties are to meet and confer and provide the Court joint or competing lists of plaintiffs who may be eligible for Suggestion of Remand No. 1. By Monday, April 15, 2019, Lead Counsel and Counsel for New GM shall submit to the Court a joint letter addressing the parties' recommendations as to the proper venue for remand or transfer of each of the plaintiffs subject to Suggestion of Remand No. 1. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 3/8/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 03/08/2019)
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, Docket No. 1. As this case, Beach v. General Motors LLC, 19-CV-2004, has been directly filed in this district and, based on the Court's 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 3/06/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ama) (Entered: 03/06/2019)
ORDER NO. 160 [Regarding Next Steps for Remaining Post-Sale Personal Injury Claims]: By Friday, May 31, 2019, each Wave Three plaintiff shall refile his or her complaint or an amended complaint in this Court and pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. § 1914(a), or be dismissed without prejudice. Targeted, case-specific fact discovery of Wave Three plaintiffs shall commence on Wednesday, May 1, 2019, and shall conclude by Friday, September 20, 2019. Wave Three plaintiffs shall present their expert witnesses for deposition on or before Monday, December 2, 2019. By Wednesday, July 10, 2019, New GM will file its motion to dismiss Wave Three claims that New GM believes should be dismissed for failure to state a claim. Plaintiffs desiring to amend their complaints will file amended complaints on their respective individual dockets by Monday September 23, 2019. By June 15, 2019, Plaintiffs shall depose New GM's experts. By Friday, April 19, 2019, New GM shall file any motions to exclude Plaintiffs' expert under Federal Rule of Evidence 702 and Daubert and for summary judgment on the issue "of whether an unintended ignition switch and/or key rotation could have and did occur prior to air bag deployment." The motions shall be supported by a single, consolidated memorandum of law not to exceed thirty-five pages. By Friday, May 17, 2019, Plaintiffs shall file any opposition, supported by a single, consolidated memorandum of law not to exceed thirty-five pages; By Friday, June 7, 2019, New GM shall file any reply, in the form of a single, consolidated memorandum of law not to exceed fifteen pages. (Amended Pleadings due by 9/23/2019. Deposition due by 12/2/2019. Fact Discovery due by 9/20/2019. Motions due by 7/10/2019. Responses due by 5/17/2019. Replies due by 6/7/2019.) (Signed by Judge Jesse M. Furman on 2/26/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 02/26/2019)
AGREED AMENDED ORDER REGARDING THE PRESERVATION OF IGNITION SWITCH PARTS GOVERNED BY NHTSA RECALL CAMPAIGN 14v-047000: New GM shall undertake reasonable efforts to assist any named plaintiff in a case that has been transferred to MDL 2543 (or pending in another venue) with preserving ignition switch parts covered by NHTSA Recall Campaign 14v-047000 that may be relevant to the plaintiff's claims. To allow New GM to do so, before a recall repair is performed, a named plaintiff (or his or her counsel) must provide both the dealership replacing the ignition switch parts and New GM with reasonable, advance notice that the plaintiff wishes to have parts preserved for purposes of litigation. New GM will then use reasonable efforts to arrange for the dealership making the repair to return the ignition switch parts to New GM for storage and preservation. This Order shall also apply to related cases later filed in, removed to, or transferred to this Court. (As further set forth in this order) SO ORDERED. (Signed by Judge Jesse M. Furman on 2/19/2019) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 02/19/2019)
ORDER NO. 159 [Regarding the End of the Bellwether Trial Process for Personal Injury and Wrongful Death Cases]: As far as the Court is concerned, the settlement of the last two bellwether cases set for trial brings to a close the bellwether trial process in the MDL. That said, the parties should meet and confer with respect to whether the Court should schedule any additional bellwether trials in light of the settlements. The parties should be prepared to address that issue and, more broadly, the next steps for the remaining cases in Phase 2, Category C - including but not limited to whether or when those cases should be remanded (or transferred) to their respective transferor court - at the next status conference, which is currently scheduled for January 23, 2019. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/12/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 12/13/2018)
ORDER NO. 158 [Regarding Application of the Court's Conclusions to the Fifth Amended Consolidated Complaint]: Accordingly, and for good cause shown, the Court ORDERS as follows: I. APPLICATION OF THE COURT'S CONCLUSIONS OF LAW TO THE 5ACC. A. Statutory Consumer Fraud Claims: Plaintiff Janelle Davis's statutory consumer fraud claim is dismissed with prejudice pursuant to the Court's September 12, 2018 order (Docket No. 6028), subject to Plaintiff's right to appeal. (See 5ACC Paragraph 152). B. Unjust Enrichment Claims: The following Plaintiffs' unjust enrichment claims are dismissed with prejudice pursuant to the Court's September 12, 2018 order (Docket No. 6028), subject to Plaintiffs' right to appeal. (Paragraph citations are to the 5ACC.) II. NO ANSWER TO THE 5ACC REQUIRED. No answer or other response to the 5ACC is required under the Court's prior orders. (See, e.g., Order No. 114 § IV, Docket No. 3431; Order No. 131 Paragraph 12, Docket No. 4499; Docket No. 4522 (making clear that the only changes from the Fourth Amended Consolidated Complaint to the 5ACC were to substitute plaintiffs, not to substantively alter any allegations or claims)). SO ORDERED. (Signed by Judge Jesse M. Furman on 11/27/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 11/28/2018)
ORDER NO. 157 [Regarding the November 2, 2018 Status Conference]: The Court, having held a status conference on November 2, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' October 26, 2018 tentative agenda letter and the Court's November 1, 2018 Order (Docket Nos. 6220, 6250), issues this Order to memorialize the actions taken and rulings made at the status conference. I. NEXT STATUS CONFERENCE A status conference will be held Wednesday, January 23, 2019, at 9:00 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Upon reflection, the Court agrees with Lead Counsel that it is appropriate to set at least a tentative date for the economic loss bellwether trial. Unless and until the Court orders otherwise, trial will begin on Monday, January 13, 2020, at 9:00 a.m. (For now, the Court is allotting a maximum of five weeks for the trial.) The parties should be prepared to address at a future status conference a proposed schedule for pretrial deadlines. V. SETTLEMENT Consistent with the Court's comments at the Status Conference, the parties should continue to keep the Court apprised of developments regarding settlement. SO ORDERED. (Jury Trial set for 1/13/2020 at 09:00 AM before Judge Jesse M. Furman. Status Conference set for 1/23/2019 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/8/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 11/08/2018)
ORDER NO. 156 [Regarding Next Steps for Pre-Sale Non-Ignition Switch Plaintiffs Subject to Order No. 148 Motions or Notices]: On June 22, 2018, the Court entered Order No. 152, directing Lead Counsel and counsel for New GM to meet and confer and submit joint or competing letters to the Court regarding next steps for certain Pre-Sale plaintiffs who filed amended and severed complaints pursuant to the Order No. 148 motions and notices process. (See Order No. 152, Docket No. 5789, at Paragraph 4.) On September 26, 2018, after meeting and conferring, Lead Counsel and counsel for New GM submitted a joint letter proposing next steps for these plaintiffs. The Court hereby adopts and orders the following procedures. 2. "No Plausibly Pleaded Defect/Causation" Cases: By Wednesday, December 5, 2018, with respect to the Pre-Sale Non-Ignition Switch Plaintiffs' operative complaints, New GM may file on the main MDL docket motions to dismiss the claims of those Pre-Sale Non-Ignition Switch Plaintiffs (if any) that New GM believes fail to state a claim under Federal Rule of Civil Procedure 12(b)(6). By Wednesday, January 9, 2019, counsel for Pre-Sale Non-Ignition Switch Plaintiffs included in the motions shall file on the main MDL docket (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims (specifically identifying which plaintiffs intend to amend their complaints). By Tuesday, January 29, 2019, those Pre-Sale Non-Ignition Switch Plaintiffs who agree to dismiss their claims will file voluntary dismissals, and counsel for Pre-Sale Non-Ignition Switch Plaintiffs who intend to withdraw will file motions to withdraw. 3. Statute of Limitations/Repose Cases: By Wednesday, December 5, 2018, with respect to the Pre-Sale Non-Ignition Switch Plaintiffs' operative complaints, New GM may file on the main MDL docket a notice identifying which claimants (if any) it believes are barred by the applicable statutes of limitation or repose. By Wednesday, January 9, 2019, counsel for Pre-Sale Non-Ignition Switch Plaintiffs included in the notice shall file on the main MDL docket (1) a list of the plaintiffs who agree to voluntarily dismiss their claims; (2) a list of plaintiffs as to whom counsel plans to move to withdraw; and (3) a list of the plaintiffs who intend to press their claims, along with the basis as to why those plaintiffs believe their claims are not barred. By Tuesday, January 29, 2019, those Pre-Sale Non-Ignition Switch Plaintiffs who agree to dismiss their claims will file voluntary dismissals, and counsel for Pre-Sale Non-Ignition Switch Plaintiffs who intend to withdraw will file motions to withdraw. (As further set forth in this order) SO ORDERED. (Motions due by 1/29/2019.) (Signed by Judge Jesse M. Furman on 10/4/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 10/04/2018)
OPINION AND ORDER [Regarding Application of the Court's Prior Rulings on Manifestation, Incidental Damages (Lost Time), and Unjust Enrichment to All Remaining Jurisdictions in Dispute (MDL Order No. 131 Issues)]: In short, for all jurisdictions in dispute, the Court finds that manifestation is not required to bring statutory consumer protection, common-law fraud, and implied warranty claims. Second, for all but six of the jurisdictions in dispute, the Court finds that Plaintiffs may recover lost-time damages where "lost time" is understood as lost earnings or its equivalent, but not where "lost time" is understood as "lost personal time." In Colorado, New York, Ohio, Utah, Virginia, however, Plaintiffs may also recover lost personal time under the states' consumer protection statutes, and in Oklahoma, Plaintiffs may recover lost personal time for all claims. Finally, in every one of the ten still-disputed jurisdictions other than Connecticut, a plaintiff may plead unjust enrichment in the alternative only where the validity or enforceability of a contract is in question, and in seven out of the ten jurisdictions (all but Connecticut, New Hampshire, and Rhode Island), a plaintiff may not maintain an unjust enrichment claim if he or she has an adequate remedy at law. Attached as Exhibit A is a chart summarizing the Court's conclusions of law for all jurisdictions. The parties are directed to meet and confer and, within thirty days of the date of this Opinion and Order, shall jointly submit a stipulation and proposed order applying the Court's conclusions to the Plaintiffs and claims in the 5ACC. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/12/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 09/12/2018)
ORDER NO. 154 [REGARDING THE AUGUST 21, 2018 STATUS CONFERENCE]: The Court, having held a Status Conference on August 21, 2018, and having given counsel an opportunity to be heard on the agenda items set forth in the parties' August 17, 2018 tentative agenda letter and the Court's August 20, 2018 Order (Docket Nos. 5942, 5946), issues this Order to memorialize the actions taken and rulings made at the Status Conference. I. NEXT STATUS CONFERENCE: A Status Conference will be held Friday, November 2, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. III. PERSONAL INJURY SUCCESSOR LIABILITY ISSUES: Consistent with the Court's comments at the Status Conference, the Court adopts the following schedule as next steps for personal injury successor liability issues: (i) by Friday, November 9, 2018, New GM will submit its opening brief, not to exceed 35 (double-spaced) pages, on the choice-of-law, domination and control, and implied liability issues raised by plaintiffs (Docket Nos. 5083, 5631); (ii) by Tuesday, December 18, 2018, plaintiffs will submit their consolidated response, not to exceed 35 (double-spaced) pages; (iii) by Friday, January 4, 2019, counsel for individual plaintiffs may file supplemental responses with leave of Court for good cause shown; and (iv) by Friday, January 25, 2019, New GM will submit its reply, not to exceed 15 (double-spaced) pages. VII. ECONOMIC LOSS EXPERT ISSUES: Consistent with the Court's comments at the Status Conference, the parties shall meet and confer by Monday, September 3, 2018 regarding the sur-rebuttal expert reports to be served by plaintiffs consistent with the Court's August 21, 2018 Order (Docket No. 5952). If the parties cannot resolve their dispute, New GM shall file a letter motion no later than Tuesday, September 4, 2018, and Lead Counsel will file their opposition by Wednesday, September 5, 2018. Further, by Wednesday, November 14, 2018, the parties shall submit a joint letter providing their position(s) on the necessity of a Daubert hearing. (Motions due by 11/9/2018, Responses due by 12/18/2018, Replies due by 1/25/2019. Status Conference set for 11/2/2018 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/27/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 08/27/2018)
ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled for August 17, 2018, is ADJOURNED to August 21, 2018, at 9:30 a.m. Counsel shall promptly update the MDL website with the new time. SO ORDERED. (Status Conference set for 8/21/2018 at 09:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/30/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) (Entered: 07/30/2018)
ORDER NO. 153 [Regarding Next Steps for Non-Ignition Switch Plaintiffs Subject to Order No. 140 Motions or Notices]: The Court hereby adopts and orders the following procedures. Identification of "Non-Ignition Switch Plaintiffs": 1. By Friday, July 20, 2018, New GM and Lead Counsel shall file on the main MDL docket a joint list of "Non-Ignition Switch Plaintiffs," which may include (i) the Plaintiffs who filed amended complaints pursuant to Order No. 146 and whose complaints no longer allege any ignition-switch or key-rotation claims; and (ii) additional Post-Sale order personal injury claimants whose complaints (as currently pled, including through amendment if necessary) do not allege any ignition-switch or key-rotation claims. These plaintiffs are referred to herein as the 'Non-Ignition Switch Plaintiffs." Motion and Notice Practice: 2. "No Plausibly Pled Defect/Causation" Cases: By Monday, August 20, 2018, with respect to the Non-Ignition Switch Plaintiffs operative complaints, New GM may file on the main MDL docket motions to dismiss the claims of those Non-Ignition Switch Plaintiffs (if any) that New GM believes fail to state a claim under Fed. R. Civ. Pro. 12(b)(6). (As further set forth in this order) (Motions due by 8/20/2018.) (Signed by Judge Jesse M. Furman on 7/2/2018) As per Chambers, Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) Modified on 8/17/2018 (ne). (Entered: 07/09/2018)
ORDER NO. 152 [Regarding Next Steps for Certain Plaintiffs Subject to Order No. 148 Notices or Motions]: By Friday, August 10, 2018, New GM may file a consolidated summary judgment motion against any of the plaintiffs in Exhibit A whose claims New GM continues to believe are subject to summary judgment because there is no genuine issue of triable fact on air bag deployment. By Friday, September 7, 2018, Lead Counsel will file a consolidated summary judgment opposition brief on behalf of the plaintiffs subject to New GMs motion for summary judgment. Individual counsel for any plaintiff in Exhibit A may file on the main MDL docket a supplemental opposition with leave of Court (for good cause shown) by Friday, September 14, 2018. By Friday, September 28, 2018, New GM may file a consolidated reply. By Monday, July 2, 2018, the plaintiffs in Exhibit B shall show cause on the main MDL docket as to why their ignition switch and/or key rotation defect claims should not be dismissed. Attached as Exhibit C is a list of the eight plaintiffs who have indicated that they intend to amend their complaints. By Monday, July 23, 2018, each of the plaintiffs in Exhibit C shall (1) for plaintiffs whose claims are not pending in a consolidated or multiple plaintiff complaint, file an amended complaint; or (2) for plaintiffs whose claims are pending in a consolidated or multiple-plaintiff complaint, file in this District, in the form of a new lawsuit, an amended and severed complaint and shall pay the filing fee associated with filing a complaint pursuant to 28 U.S.C. § 1914(a). Within two weeks of the first date upon which any plaintiff in Exhibit B or Exhibit C is dismissed with prejudice, Lead Counsel and counsel for New GM shall meet and confer and submit joint or competing letters to the Court proposing the next steps for plaintiffs who filed amended and severed complaints. (Amended Pleadings due by 7/23/2018, Motions due by 8/10/2018, Responses due by 9/7/2018, Replies due by 9/28/2018.) (Signed by Judge Jesse M. Furman on 6/22/2018) As per Chambers, Filed In Associated Cases: 1:14-md-02543-JMF et al.(ne) Modified on 8/17/2018 (ne). (Entered: 07/09/2018)
ORDER NO. 151. [Regarding Wave Two Discovery Procedures]. Consistent with the Court's comments at the May 31, 2018 Status Conference, and for good cause shown, the Court adopts the following schedule and procedures for Wave Two Discovery of the Post-Sale Production Part and Service Part personal injury and wrongful death cases, and as further specified and set forth in this Order No. 151. By Thursday, August 30, 2018, each Wave Two plaintiff shall refile their complaint or an amended complaint in this Court and pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. § 1914(a) or be dismissed without prejudice. By Thursday, September 27, 2018, any such dismissal without prejudice will automatically convert to a dismissal with prejudice unless any such dismissed Wave Two plaintiff refiles their amended complaint and pays the required filing fee in accordance with this order, and as further set forth in this Order. Targeted, case-specific fact discovery of Wave Two plaintiffs shall commence on Wednesday, August 1, 2018, and shall conclude by Friday, December 21, 2018. Wave Two plaintiffs shall present their expert witnesses for deposition on or before Thursday, February 28, 2019, and as further specified and set forth in this Order No. 151. By Thursday, March 7, 2019, New GM and Lead Counsel shall meet and confer regarding proposed next steps for Wave Two cases and remaining Production Part and Service Part plaintiffs, and submit joint or competing letter briefs (not to exceed ten single-spaced pages) setting forth their positions. SO ORDERED. (Amended Pleadings due by 8/30/2018. Deposition due by 2/28/2019. Fact Discovery due by 12/21/2018.) (Signed by Judge Jesse M. Furman on 6/6/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al., as per Chambers. (rjm). (Entered: 06/07/2018)
ORDER NO. 150 [Regarding the May 31, 2018 Status Conference]: A Status Conference will be held Friday, August 17, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. (The Court notes that that date is different from the date discussed at the status conference, as one of Co-Lead Counsel is unavailable on the date previously selected and the Court has been advised that all counsel are available on August 17, 2018. Counsel shall promptly update the MDL website with the new date.) Consistent with the Court's comments as the Status Conference, by Thursday, June 14, 2018, the parties shall submit a joint letter or competing letters (not to exceed five single-spaced pages each) regarding the implications for the MDL of the Court's May 29, 2018 Opinion and Order regarding certain bankruptcy appeals. (Docket No. 5618). Consistent with the Court's comments at the Status Conference, the parties should meet and confer on which of the remaining 35 jurisdictions would apply the law of Delaware or New York and report back and propose next steps on the following schedule: by Friday, July 13, 2018, New GM will provide economic loss and personal injury plaintiffs with a list of: jurisdictions among the 35 not previously addressed by the Court with choice-of-law rules that would select Delaware or New York law. By Friday, July 27, 2018, plaintiffs will provide to New GM their position on GM's list and legal conclusions. By Friday, August 3, 2018, the parties will meet and confer. By Friday, August 10, 2018, if any states remain in dispute, plaintiffs and New GM will report back to the Court and propose next steps, and as further set forth herein. (Signed by Judge Jesse M. Furman on 6/6/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 06/06/2018)
MEMO ENDORSEMENT granting (5639 in case 14-md-2543) Motion to Withdraw as Attorney. ENDORSEMENT: The Clerk of Court is directed to terminate Lanson L. Bordelon as an attorney in 14-MD-2543, 17-CV-6338, 17-CV-6486, 17-CV-7441, 17-CV-8068, and 17-CV-9323. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 5639. (Attorney Lanson Bordelon terminated.) (Signed by Judge Jesse M. Furman on 6/5/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) Modified on 6/5/2018 (ras). (Entered: 06/05/2018)
MEMO ENDORSEMENT on re: (163 in 1:15-cv-02638-JMF, 88 in 1:16-cv-06833-JMF, 122 in 1:15-cv-07841-JMF, 5632 in 1:14-md-02543-JMF, 29 in 1:17-cv-09522-JMF, 271 in 1:14-cv-08385-JMF) NEW GM'S NOTICE OF NON-COMPLIANCE AS TO SEVEN CLAIMANTS WHO HAVE NOT COMPLIED WITH ORDER NO. 148 filed by General Motors LLC. ENDORSEMENT: New GM's application for dismissal without prejudice is denied without prejudice. The Court will instead follow the same procedure it established for Order No. 140. (See MDL Docket Nos. 5107 & 5201). To that end, counsel for the represented claimants in the above list shall comply with their obligations under Order No. 148 (Docket No. 5366) by June 11, 2018, or face sanctions, up to and including dismissal of the relevant claimant's claims. Mindful that the procedures set forth in Section I of Order No. 148 are directed at counsel, any renewed application with respect to the two pro se claimants listed above (Lisa Marino and John Patton) shall be accompanied by a proposed order, geared to pro se litigants, setting forth in plain language what the claimants' options are in responding to New GM's notices and the consequences of failing to respond. The proposed order shall also include information concerning the submission of materials by pro se litigants and information concerning the Pro Se Clinic (akin to the orders the Court has entered previously). Finally, the proposed order shall give pro se claimants at least three weeks to respond to New GM's notices under Section I of Order No. 148. (Signed by Judge Jesse M. Furman on 6/4/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al, as per Chambers.(mro) Modified on 6/6/2018 (mro). (Entered: 06/04/2018)
MEMORANDUM OPINION AND ORDER [Regarding New GM's Motion for Partial Reconsideration of the Court's December 19, 2017 Order and Opinion on Successor Liability] re: (4936 in 1:14-md-02543-JMF) MOTION for Reconsideration re; (4888) Memorandum & Opinion filed by General Motors LLC. The Court concludes that Plaintiffs cannot demonstrate continuity of ownership within the meaning of New York law, and thus cannot advance successor liability claims in any state where New York law applies. It follows that New GM's motion for partial reconsideration must be and is GRANTED and that the successor liability claims of Plaintiffs from Texas and Virginia must be and are DISMISSED. See Dec. 19, 2017 Op., 2017 WL 6509256, at *7 (holding that Texas and Virginia apply New York Law); Aug. 3, 2017 Op., 2017 WL 3382071, at *19 (same). The Clerk of Court is directed to terminate Docket No. 4936. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/25/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al.(anc) (Entered: 04/25/2018)
ORDER NO. 148 [AMENDED] [Regarding Next Steps For Pre-Sale Personal Injury Claims]: It is hereby ORDERED that: By Friday, April 13, 2018, General Motors LLC ("New GM") will file on the main MDL docket a list of pre-Sale plaintiffs that it has currently identified as ones it believes should be dismissed in light of the Court's December 28, 2017 Opinion and Order. See In Re General Motors LLC Ignition Switch Litig., 2017 WL 6729295, at *1 (S.D.N.Y., Dec. 28, 2017)...By Friday, April 13, 2018, New GM will file its motion to dismiss claims that New GM believes should be dismissed for failure to state a claim...If New GM files a motion to dismiss with prejudice, any opposition shall be filed two weeks after the motion's filing. New GM's reply, if any, shall be filed one week thereafter. Counsel is advised to file all documents related to motions to dismiss pursuant to Order Nos. 25 and 45 in 14-MD-2543 and to "spread" the filings to any relevant individual member case or cases, and as further set forth herein. (Signed by Judge Jesse M. Furman on 4/10/2018 nunc pro tunc) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 04/12/2018)
ORDER NO. 148 [Regarding Next Steps For Pre-Sale Personal Injury Claims]: By Friday, April 13, 2018, New GM will file its motion to dismiss claims that New GM believes should be dismissed for failure to state a claim. By Monday, May 21, 2018, those plaintiffs who agree to dismiss will file voluntary dismissals, and counsel for plaintiffs who intend to withdraw will file motions to withdraw....Counsel is advised to file all documents related to motions to dismiss pursuant to Order Nos. 25 and 45 in 14-MD-2543 and to "spread" the filings to any relevant individual member case or cases, and as further set forth herein. (Signed by Judge Jesse M. Furman on 4/10/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 04/10/2018)
MEMORANDUM OPINION AND ORDER: re: (4679 in 1:14-md-02543-JMF) MOTION for Summary Judgment Against Plaintiffs' Claims for Benefit-of-the-Bargain Damages filed by General Motors LLC. Accordingly, New GM's motion for summary judgment as to Plaintiffs' claims for benefit-of-the-bargain damages is DENIED without prejudice. Counsel should confer on whether and how the motion should be renewed and be prepared to address that question at a future status conference. The Clerk of Court is directed to terminate Docket No. 4679. And as set forth herein. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/03/2018) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ama) Modified on 4/3/2018 (ama). (Entered: 04/03/2018)
ORDER NO. 147 [Regarding the March 22, 2018 Status Conference]: A Status Conference will be held Thursday, May 31, 2018, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York....Consistent with the Court's comments at the Status Conference, the parties should continue to keep the Court apprised of developments regarding settlement, and as further set forth herein. (Signed by Judge Jesse M. Furman on 3/29/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) Modified on 3/29/2018 (ras). (Entered: 03/29/2018)
ORDER NO. 146 [Regarding Next Steps for Certain Plaintiffs Subject to Order No. 140 Notices]: By Monday, April 30, 2018, each of the plaintiffs in Exhibit A shall (1) for plaintiffs whose claims are not pending in a consolidated or multiple-plaintiff complaint, file an amended complaint; or (2) for plaintiffs whose claims are pending in a consolidated or multiple-plaintiff complaint, file in this District, in the form of a new lawsuit, an amended and severed complaint and shall pay the filing fee associated with filing a complaint pursuant to 28 U.S.C. § 1914(a). Any such dismissal without prejudice will convert to a dismissal with prejudice upon a second notice of non-compliance filed by New GM without further notice or hearing unless any such dismissed plaintiff in Exhibit A refiles his or her amended complaint and pays the required filing fee by Wednesday, May 30, 2018. By Friday, May 25, 2018, Lead Counsel will file a consolidated summary judgment opposition brief on behalf of the plaintiffs subject to New GM's motion for summary judgment. Individual counsel for any plaintiff in Exhibit B may file a supplemental opposition with leave of Court (for good cause shown) by Friday, June 1, 2018. By Friday, June 15, 2018, New GM will file a consolidated reply...Within two weeks of the first date upon which any plaintiff subject to Paragraph 1 or 3 of this Order (relating to the filing of amended and severed complaints in certain cases) is dismissed with prejudice, Lead Counsel and counsel for New GM shall meet and confer and submit joint or competing letters to the Court proposing the next steps for plaintiffs who filed amended and severed complaints pursuant to this Order, including whether such cases should remain in the MDL. (Signed by Judge Jesse M. Furman on 3/29/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 03/29/2018)
ORDER NO. 144 [Regarding the Filing of Amended and Severed Complaints]: At the Court's direction, certain plaintiffs ("Amending Plaintiffs") who had previously been named in omnibus or consolidated complaints or whose attorneys withdrew as counsel have been required, or will be required, to file amended and severed complaints as new cases in this Court. (See e.g., MDL Docket No. 5074 ("Order No. 141"), paragraph 8; MDL Docket No. 4840 ("Order No. 137"), paragraph 3; MDL Docket No. 5108 ("Order No. 142"), paragraph 2). Per the Court's Orders, each Amending Plaintiff is required to file with his or her new complaint a Related Case Statement, available at www.nysd.uscourts.gov/forms.php, identifying the new lawsuit as related to these proceedings (In General Motors Ignition Switch Litigation, 14-MD-2543 (JMF)). To facilitate the assignment of these new cases to the undersigned for inclusion in the MDL and the orderly termination of Amending Plaintiffs from their initial dockets (as of the date of the newly filed amended and severed complaint), each Amending Plaintiff shall (1) prominently note in the Related Case Statement that he or she is an existing plaintiff in an existing case, citing the case name and docket number of that case; (2) reference in the Related Case Statement the MDL Order pursuant to which he or she is filing an amended and severed complaint; and (3) attach as an exhibit to the Related Case Statement a copy of the original complaint in which the Amending Plaintiff is already associated. If the Court grants a motion to withdraw as counsel and a plaintiff will be proceeding pro se and be required to file an amended and severed complaint, withdrawing counsel shall promptly serve a copy of this Order on those plaintiffs and file proof of such service. (Signed by Judge Jesse M. Furman on 3/27/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 03/27/2018)
ORDER NO. 143 [Regarding Procedures for Responses to Pending Motions to Withdraw Filed in Response to Order No. 140 and Procedures for Responses to Any Such Future Motions to Withdraw]: Any opposition to the Firms' Motions - by the Affected Plaintiffs themselves, New GM, or otherwise - shall be filed no later than twenty-one (21) days from the date of this Order (that is, by Friday, April 13, 2018). The Firms reply, if any, shall be filed as a consolidated reply no later than seven (7) days thereafter (that is, by Friday, April 20, 2018), and as further set forth herein. (Signed by Judge Jesse M. Furman on 3/23/2018) As Per Chamber,s Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 03/23/2018)
ORDER terminating (242) Motion to Withdraw as Attorney, in case 1:14-cv-02458-JMF; terminating (240) Motion to Withdraw as Attorney, in case 1:14-cv-02713-JMF; terminating (242) Motion to Withdraw as Attorney, in case 1:14-cv-02714-JMF; terminating (238) Motion to Withdraw as Attorney, in case 1:14-cv-03326-JMF; terminating (235) Motion to Withdraw as Attorney, in case 1:14-cv-03298-JMF; terminating (5210) Motion to Withdraw as Attorney. ; terminating (5212) Motion to Seal Document in case 1:14-md-02543-JMF; terminating (269) Motion to Withdraw as Attorney, in case 1:14-cv-04226-JMF; terminating (253) Motion to Withdraw as Attorney, in case 1:14-cv-04265-JMF; terminating (293) Motion to Withdraw as Attorney, in case 1:14-cv-04267-JMF; terminating (278) Motion to Withdraw as Attorney, in case 1:14-cv-04268-JMF; terminating (252) Motion to Withdraw as Attorney, in case 1:14-cv-04270-JMF; terminating (280) Motion to Withdraw as Attorney, in case 1:14-cv-04272-JMF; terminating (251) Motion to Withdraw as Attorney, in case 1:14-cv-04273-JMF; terminating (245) Motion to Withdraw as Attorney, in case 1:14-cv-04338-JMF; terminating (284) Motion to Withdraw as Attorney, in case 1:14-cv-04339-JMF; terminating (238) Motion to Withdraw as Attorney, in case 1:14-cv-04340-JMF; terminating (309) Motion to Withdraw as Attorney, in case 1:14-cv-04342-JMF; terminating (252) Motion to Withdraw as Attorney, in case 1:14-cv-04345-JMF; terminating (258) Motion to Withdraw as Attorney, in case 1:14-cv-04346-JMF; terminating (245) Motion to Withdraw as Attorney, in case 1:14-cv-04348-JMF; terminating (245) Motion to Withdraw as Attorney, in case 1:14-cv-04350-JMF; terminating (249) Motion to Withdraw as Attorney, in case 1:14-cv-04630-JMF; terminating (243) Motion to Withdraw as Attorney, in case 1:14-cv-04632-JMF; terminating (238) Motion to Withdraw as Attorney, in case 1:14-cv-04637-JMF; terminating (240) Motion to Withdraw as Attorney, in case 1:14-cv-04641-JMF; terminating (246) Motion to Withdraw as Attorney, in case 1:14-cv-04650-JMF; terminating (236) Motion to Withdraw as Attorney, in case 1:14-cv-04661-JMF; terminating (241) Motion to Withdraw as Attorney, in case 1:14-cv-04662-JMF; terminating (238) Motion to Withdraw as Attorney, in case 1:14-cv-04667-JMF; terminating (239) Motion to Withdraw as Attorney, in case 1:14-cv-04672-JMF; terminating (245) Motion to Withdraw as Attorney, in case 1:14-cv-04676-JMF; terminating (238) Motion to Withdraw as Attorney, in case 1:14-cv-04684-JMF; terminating (233) Motion to Withdraw as Attorney, in case 1:14-cv-04686-JMF; terminating (246) Motion to Withdraw as Attorney, in case 1:14-cv-04690-JMF; terminating (256) Motion to Withdraw as Attorney, in case 1:14-cv-04691-JMF; terminating (255) Motion to Withdraw as Attorney, in case 1:14-cv-04692-JMF; terminating (240) Motion to Withdraw as Attorney, in case 1:14-cv-04685-JMF; terminating (260) Motion to Withdraw as Attorney, in case 1:14-cv-04699-JMF; terminating (257) Motion to Withdraw as Attorney, in case 1:14-cv-04701-JMF; terminating (246) Motion to Withdraw as Attorney, in case 1:14-cv-04702-JMF; terminating (244) Motion to Withdraw as Attorney, in case 1:14-cv-04704-JMF; terminating (250) Motion to Withdraw as Attorney, in case 1:14-cv-04707-JMF; terminating (236) Motion to Withdraw as Attorney, in case 1:14-cv-04714-JMF; terminating (253) Motion to Withdraw as Attorney, in case 1:14-cv-04715-JMF; terminating (250) Motion to Withdraw as Attorney, in case 1:14-cv-04717-JMF; terminating (241) Motion to Withdraw as Attorney, in case 1:14-cv-04720-JMF; terminating (263) Motion to Withdraw as Attorney, in case 1:14-cv-04727-JMF; terminating (239) Motion to Withdraw as Attorney, in case 1:14-cv-04731-JMF; terminating (244) Motion to Withdraw as Attorney, in case 1:14-cv-04732-JMF; terminating (244) Motion to Withdraw as Attorney, in case 1:14-cv-04738-JMF; terminating (245) Motion to Withdraw as Attorney, in case 1:14-cv-04741-JMF; terminating (288) Motion to Withdraw as Attorney, in case 1:14-cv-04751-JMF; terminating (247) Motion to Withdraw as Attorney, in case 1:14-cv-04752-JMF; terminating (245) Motion to Withdraw as Attorney, in case 1:14-cv-04754-JMF; terminating (247) Motion to Withdraw as Attorney, in case 1:14-cv-04755-JMF; terminating (268) Motion to Withdraw as Attorney, in case 1:14-cv-04756-JMF; terminating (239) Motion to Withdraw as Attorney, in case 1:14-cv-04758-JMF; terminating (231) Motion to Withdraw as Attorney, in case 1:14-cv-04759-JMF; terminating (231) Motion to Withdraw as Attorney, in case 1:14-cv-04760-JMF; terminating (237) Motion to Withdraw as Attorney, in case 1:14-cv-04764-JMF; terminating (239) Motion to Withdraw as Attorney, in case 1:14-cv-04768-JMF; terminating (242) Motion to Withdraw as Attorney, in case 1:14-cv-04771-JMF; terminating (259) Motion to Withdraw as Attorney, in case 1:14-cv-04775-JMF; terminating (241) Motion to Withdraw as Attorney, in case 1:14-cv-04778-JMF; terminating (232) Motion to Withdraw as Attorney, in case 1:14-cv-04781-JMF; terminating (236) Motion to Withdraw as Attorney, in case 1:14-cv-04784-JMF; terminating (240) Motion to Withdraw as Attorney, in case 1:14-cv-04798-JMF; terminating (242) Motion to Withdraw as Attorney, in case 1:14-cv-04799-JMF; terminating (231) Motion to Withdraw as Attorney, in case 1:14-cv-04801-JMF; terminating (239) Motion to Withdraw as Attorney, in case 1:14-cv-04802-JMF; terminating (250) Motion to Withdraw as Attorney, in case 1:14-cv-04804-JMF; terminating (253) Motion to Withdraw as Attorney, in case 1:14-cv-04808-JMF; terminating (238) Motion to Withdraw as Attorney, in case 1:14-cv-04810-JMF; terminating (247) Motion to Withdraw as Attorney, in case 1:14-cv-04811-JMF; terminating (232) Motion to Withdraw as Attorney, in case 1:14-cv-04857-JMF; terminating (233) Motion to Withdraw as Attorney, in case 1:14-cv-04858-JMF; terminating (240) Motion to Withdraw as Attorney, in case 1:14-cv-04859-JMF; terminating (218) Motion to Withdraw as Attorney, in case 1:14-cv-05035-JMF; terminating (232) Motion to Withdraw as Attorney, in case 1:14-cv-05137-JMF; terminating (231) Motion to Withdraw as Attorney, in case 1:14-cv-05323-JMF; terminating (233) Motion to Withdraw as Attorney, in case 1:14-cv-05325-JMF; terminating (250) Motion to Withdraw as Attorney, in case 1:14-cv-05326-JMF; terminating (271) Motion to Withdraw as Attorney, in case 1:14-cv-05331-JMF; terminating (227) Motion to Withdraw as Attorney, in case 1:14-cv-05332-JMF; terminating (409) Motion to Withdraw as Attorney, in case 1:14-cv-05336-JMF; terminating (220) Motion to Withdraw as Attorney, in case 1:14-cv-05338-JMF; terminating (236) Motion to Withdraw as Attorney, in case 1:14-cv-05340-JMF; terminating (227) Motion to Withdraw as Attorney, in case 1:14-cv-05345-JMF; terminating (220) Motion to Withdraw as Attorney, in case 1:14-cv-05347-JMF; terminating (242) Motion to Withdraw as Attorney, in case 1:14-cv-05349-JMF; terminating (231) Motion to Withdraw as Attorney, in case 1:14-cv-05350-JMF; terminating (237) Motion to Withdraw as Attorney, in case 1:14-cv-05351-JMF; terminating (230) Motion to Withdraw as Attorney, in case 1:14-cv-05356-JMF; terminating (226) Motion to Withdraw as Attorney, in case 1:14-cv-05358-JMF; terminating (223) Motion to Withdraw as Attorney, in case 1:14-cv-05328-JMF; terminating (233) Motion to Withdraw as Attorney, in case 1:14-cv-05458-JMF; terminating (261) Motion to Withdraw as Attorney, in case 1:14-cv-05461-JMF; terminating (232) Motion to Withdraw as Attorney, in case 1:14-cv-05501-JMF; terminating (231) Motion to Withdraw as Attorney, in case 1:14-cv-05503-JMF; terminating (221) Motion to Withdraw as Attorney, in case 1:14-cv-05506-JMF; terminating (224) Motion to Withdraw as Attorney, in case 1:14-cv-05746-JMF; terminating (225) Motion to Withdraw as Attorney, in case 1:14-cv-05750-JMF; terminating (222) Motion to Withdraw as Attorney, in case 1:14-cv-05752-JMF; terminating (224) Motion to Withdraw as Attorney, in case 1:14-cv-05754-JMF; terminating (221) Motion to Withdraw as Attorney, in case 1:14-cv-05715-JMF; terminating (227) Motion to Withdraw as Attorney, in case 1:14-cv-05880-JMF; terminating (240) Motion to Withdraw as Attorney, in case 1:14-cv-05881-JMF; terminating (225) Motion to Withdraw as Attorney, in case 1:14-cv-05850-JMF; terminating (572) Motion to Withdraw as Attorney, in case 1:14-cv-05810-JMF; terminating (248) Motion to Withdraw as Attorney, in case 1:14-cv-06018-JMF; terminating (212) Motion to Withdraw as Attorney, in case 1:14-cv-06830-JMF; terminating (244) Motion to Withdraw as Attorney, in case 1:14-cv-06924-JMF; terminating (219) Motion to Withdraw as Attorney, in case 1:14-cv-07224-JMF; terminating (204) Motion to Withdraw as Attorney, in case 1:14-cv-07242-JMF; terminating (212) Motion to Withdraw as Attorney, in case 1:14-cv-07474-JMF; terminating (211) Motion to Withdraw as Attorney, in case 1:14-cv-07475-JMF; terminating (219) Motion to Withdraw as Attorney, in case 1:14-cv-07477-JMF; terminating (219) Motion to Withdraw as Attorney, in case 1:14-cv-07623-JMF; terminating (228) Motion to Withdraw as Attorney, in case 1:14-cv-07631-JMF; terminating (198) Motion to Withdraw as Attorney, in case 1:14-cv-07977-JMF; terminating (198) Motion to Withdraw as Attorney, in case 1:14-cv-07979-JMF; terminating (209) Motion to Withdraw as Attorney, in case 1:14-cv-08130-JMF; terminating (216) Motion to Withdraw as Attorney, in case 1:14-cv-08133-JMF; terminating (207) Motion to Withdraw as Attorney, in case 1:14-cv-08134-JMF; terminating (778) Motion to Withdraw as Attorney, in case 1:14-cv-08176-JMF; terminating (231) Motion to Withdraw as Attorney, in case 1:14-cv-08382-JMF; terminating (259) Motion to Withdraw as Attorney, in case 1:14-cv-08385-JMF; terminating (215) Motion to Withdraw as Attorney, in case 1:14-cv-08386-JMF; terminating (549) Motion to Withdraw as Attorney, in case 1:14-cv-08317-JMF; terminating (193) Motion to Withdraw as Attorney, in case 1:14-cv-08248-JMF; terminating (242) Motion to Withdraw as Attorney, in case 1:14-cv-08540-JMF; terminating (187) Motion to Withdraw as Attorney, in case 1:14-cv-08883-JMF; terminating (188) Motion to Withdraw as Attorney, in case 1:14-cv-08885-JMF; terminating (206) Motion to Withdraw as Attorney, in case 1:14-cv-08886-JMF; terminating (214) Motion to Withdraw as Attorney, in case 1:14-cv-08891-JMF; terminating (213) Motion to Withdraw as Attorney, in case 1:14-cv-08892-JMF; terminating (242) Motion to Withdraw as Attorney, in case 1:14-cv-09058-JMF; terminating (186) Motion to Withdraw as Attorney, in case 1:14-cv-09110-JMF; terminating (197) Motion to Withdraw as Attorney, in case 1:14-cv-09466-JMF; terminating (214) Motion to Withdraw as Attorney, in case 1:14-cv-09469-JMF; terminating (196) Motion to Withdraw as Attorney, in case 1:14-cv-09431-JMF; terminating (196) Motion to Withdraw as Attorney, in case 1:14-cv-09712-JMF; terminating (189) Motion to Withdraw as Attorney, in case 1:14-cv-09864-JMF; terminating (191) Motion to Withdraw as Attorney, in case 1:14-cv-09965-JMF; terminating (184) Motion to Withdraw as Attorney, in case 1:14-cv-10006-JMF; terminating (245) Motion to Withdraw as Attorney, in case 1:14-cv-10023-JMF; terminating (195) Motion to Withdraw as Attorney, in case 1:15-cv-00178-JMF; terminating (181) Motion to Withdraw as Attorney, in case 1:15-cv-00179-JMF; terminating (204) Motion to Withdraw as Attorney, in case 1:15-cv-00180-JMF; terminating (176) Motion to Withdraw as Attorney, in case 1:15-cv-00182-JMF; terminating (188) Motion to Withdraw as Attorney, in case 1:15-cv-00155-JMF; terminating (177) Motion to Withdraw as Attorney, in case 1:15-cv-00186-JMF; terminating (177) Motion to Withdraw as Attorney, in case 1:15-cv-00263-JMF; terminating (198) Motion to Withdraw as Attorney, in case 1:15-cv-00264-JMF; terminating (180) Motion to Withdraw as Attorney, in case 1:15-cv-00392-JMF; terminating (178) Motion to Withdraw as Attorney, in case 1:15-cv-00406-JMF; terminating (180) Motion to Withdraw as Attorney, in case 1:15-cv-00409-JMF; terminating (202) Motion to Withdraw as Attorney, in case 1:15-cv-00550-JMF; terminating (182) Motion to Withdraw as Attorney, in case 1:15-cv-00761-JMF; terminating (183) Motion to Withdraw as Attorney, in case 1:15-cv-00764-JMF; terminating (172) Motion to Withdraw as Attorney, in case 1:15-cv-00713-JMF; terminating (173) Motion to Withdraw as Attorney, in case 1:15-cv-00738-JMF; terminating (172) Motion to Withdraw as Attorney, in case 1:15-cv-00918-JMF; terminating (169) Motion to Withdraw as Attorney, in case 1:15-cv-00977-JMF; terminating (182) Motion to Withdraw as Attorney, in case 1:15-cv-01128-JMF; terminating (177) Motion to Withdraw as Attorney, in case 1:15-cv-01152-JMF; terminating (173) Motion to Withdraw as Attorney, in case 1:15-cv-01081-JMF; terminating (181) Motion to Withdraw as Attorney, in case 1:15-cv-01409-JMF; terminating (188) Motion to Withdraw as Attorney, in case 1:15-cv-01354-JMF; terminating (185) Motion to Withdraw as Attorney, in case 1:15-cv-01316-JMF; terminating (158) Motion to Withdraw as Attorney, in case 1:15-cv-01514-JMF; terminating (169) Motion to Withdraw as Attorney, in case 1:15-cv-01624-JMF; terminating (195) Motion to Withdraw as Attorney, in case 1:15-cv-01626-JMF; terminating (174) Motion to Withdraw as Attorney, in case 1:15-cv-01790-JMF; terminating (176) Motion to Withdraw as Attorney, in case 1:15-cv-01791-JMF; terminating (175) Motion to Withdraw as Attorney, in case 1:15-cv-01794-JMF; terminating (161) Motion to Withdraw as Attorney, in case 1:15-cv-01857-JMF; terminating (173) Motion to Withdraw as Attorney, in case 1:15-cv-01970-JMF; terminating (167) Motion to Withdraw as Attorney, in case 1:15-cv-01982-JMF; terminating (178) Motion to Withdraw as Attorney, in case 1:15-cv-02021-JMF; terminating (180) Motion to Withdraw as Attorney, in case 1:15-cv-02033-JMF; terminating (177) Motion to Withdraw as Attorney, in case 1:15-cv-02035-JMF; terminating (185) Motion to Withdraw as Attorney, in case 1:15-cv-02089-JMF; terminating (176) Motion to Withdraw as Attorney, in case 1:15-cv-02170-JMF; terminating (151) Motion to Withdraw as Attorney, in case 1:15-cv-02339-JMF; terminating (152) Motion to Withdraw as Attorney, in case 1:15-cv-02493-JMF; terminating (150) Motion to Withdraw as Attorney, in case 1:15-cv-02588-JMF; terminating (158) Motion to Withdraw as Attorney, in case 1:15-cv-02634-JMF; terminating (150) Motion to Withdraw as Attorney, in case 1:15-cv-02591-JMF; terminating (152) Motion to Withdraw as Attorney, in case 1:15-cv-02638-JMF; terminating (149) Motion to Withdraw as Attorney, in case 1:15-cv-02640-JMF; terminating (200) Motion to Withdraw as Attorney, in case 1:15-cv-02644-JMF; terminating (165) Motion to Withdraw as Attorney, in case 1:15-cv-02708-JMF; terminating (159) Motion to Withdraw as Attorney, in case 1:15-cv-02709-JMF; terminating (176) Motion to Withdraw as Attorney, in case 1:15-cv-02844-JMF; terminating (147) Motion to Withdraw as Attorney, in case 1:15-cv-02935-JMF; terminating (145) Motion to Withdraw as Attorney, in case 1:15-cv-03215-JMF; terminating (158) Motion to Withdraw as Attorney, in case 1:15-cv-03229-JMF; terminating (148) Motion to Withdraw as Attorney, in case 1:15-cv-03272-JMF; terminating (151) Motion to Withdraw as Attorney, in case 1:15-cv-03330-JMF; terminating (149) Motion to Withdraw as Attorney, in case 1:15-cv-03417-JMF; terminating (167) Motion to Withdraw as Attorney, in case 1:15-cv-03592-JMF; terminating (141) Motion to Withdraw as Attorney, in case 1:15-cv-03593-JMF; terminating (144) Motion to Withdraw as Attorney, in case 1:15-cv-03650-JMF; terminating (142) Motion to Withdraw as Attorney, in case 1:15-cv-03641-JMF; terminating (168) Motion to Withdraw as Attorney, in case 1:15-cv-03702-JMF; terminating (144) Motion to Withdraw as Attorney, in case 1:15-cv-03770-JMF; terminating (183) Motion to Withdraw as Attorney, in case 1:15-cv-04088-JMF; terminating (134) Motion to Withdraw as Attorney, in case 1:15-cv-04182-JMF; terminating (198) Motion to Withdraw as Attorney, in case 1:15-cv-04142-JMF; terminating (143) Motion to Withdraw as Attorney, in case 1:15-cv-04385-JMF; terminating (143) Motion to Withdraw as Attorney, in case 1:15-cv-04640-JMF; terminating (155) Motion to Withdraw as Attorney, in case 1:15-cv-04644-JMF; terminating (161) Motion to Withdraw as Attorney, in case 1:15-cv-04647-JMF; terminating (140) Motion to Withdraw as Attorney, in case 1:15-cv-04709-JMF; terminating (137) Motion to Withdraw as Attorney, in case 1:15-cv-04768-JMF; terminating (117) Motion to Withdraw as Attorney, in case 1:15-cv-04797-JMF; terminating (141) Motion to Withdraw as Attorney, in case 1:15-cv-04896-JMF; terminating (119) Motion to Withdraw as Attorney, in case 1:15-cv-04931-JMF; terminating (117) Motion to Withdraw as Attorney, in case 1:15-cv-05170-JMF; terminating (174) Motion to Withdraw as Attorney, in case 1:15-cv-05222-JMF; terminating (124) Motion to Withdraw as Attorney, in case 1:15-cv-05649-JMF; terminating (116) Motion to Withdraw as Attorney, in case 1:15-cv-05739-JMF; terminating (115) Motion to Withdraw as Attorney, in case 1:15-cv-05959-JMF; terminating (118) Motion to Withdraw as Attorney, in case 1:15-cv-06010-JMF; terminating (117) Motion to Withdraw as Attorney, in case 1:15-cv-06052-JMF; terminating (113) Motion to Withdraw as Attorney, in case 1:15-cv-06233-JMF; terminating (150) Motion to Withdraw as Attorney, in case 1:15-cv-06288-JMF; terminating (154) Motion to Withdraw as Attorney, in case 1:15-cv-06289-JMF; terminating (115) Motion to Withdraw as Attorney, in case 1:15-cv-06452-JMF; terminating (119) Motion to Withdraw as Attorney, in case 1:15-cv-06528-JMF; terminating (113) Motion to Withdraw as Attorney, in case 1:15-cv-06530-JMF; terminating (171) Motion to Withdraw as Attorney, in case 1:15-cv-06578-JMF; terminating (115) Motion to Withdraw as Attorney, in case 1:15-cv-06591-JMF; terminating (113) Motion to Withdraw as Attorney, in case 1:15-cv-06753-JMF; terminating (111) Motion to Withdraw as Attorney, in case 1:15-cv-06810-JMF; terminating (121) Motion to Withdraw as Attorney, in case 1:15-cv-06887-JMF; terminating (116) Motion to Withdraw as Attorney, in case 1:15-cv-06990-JMF; terminating (110) Motion to Withdraw as Attorney, in case 1:15-cv-07123-JMF; terminating (107) Motion to Withdraw as Attorney, in case 1:15-cv-07224-JMF; terminating (106) Motion to Withdraw as Attorney, in case 1:15-cv-07381-JMF; terminating (114) Motion to Withdraw as Attorney, in case 1:15-cv-07389-JMF; terminating (126) Motion to Withdraw as Attorney, in case 1:15-cv-07412-JMF; terminating (119) Motion to Withdraw as Attorney, in case 1:15-cv-07416-JMF; terminating (120) Motion to Withdraw as Attorney, in case 1:15-cv-07445-JMF; terminating (108) Motion to Withdraw as Attorney, in case 1:15-cv-07453-JMF; terminating (119) Motion to Withdraw as Attorney, in case 1:15-cv-07533-JMF; terminating (112) Motion to Withdraw as Attorney, in case 1:15-cv-07536-JMF; terminating (108) Motion to Withdraw as Attorney, in case 1:15-cv-07539-JMF; terminating (119) Motion to Withdraw as Attorney, in case 1:15-cv-07551-JMF; terminating (113) Motion to Withdraw as Attorney, in case 1:15-cv-07552-JMF; terminating (106) Motion to Withdraw as Attorney, in case 1:15-cv-07644-JMF; terminating (105) Motion to Withdraw as Attorney, in case 1:15-cv-07756-JMF; terminating (111) Motion to Withdraw as Attorney, in case 1:15-cv-07841-JMF; terminating (117) Motion to Withdraw as Attorney, in case 1:15-cv-07843-JMF; terminating (112) Motion to Withdraw as Attorney, in case 1:15-cv-07908-JMF; terminating (102) Motion to Withdraw as Attorney, in case 1:15-cv-07929-JMF; terminating (110) Motion to Withdraw as Attorney, in case 1:15-cv-08126-JMF; terminating (104) Motion to Withdraw as Attorney, in case 1:15-cv-08159-JMF; terminating (99) Motion to Withdraw as Attorney, in case 1:15-cv-08281-JMF; terminating (107) Motion to Withdraw as Attorney, in case 1:15-cv-08285-JMF; terminating (356) Motion to Withdraw as Attorney, in case 1:15-cv-08324-JMF; terminating (110) Motion to Withdraw as Attorney, in case 1:15-cv-08329-JMF; terminating (106) Motion to Withdraw as Attorney, in case 1:15-cv-08482-JMF; terminating (102) Motion to Withdraw as Attorney, in case 1:15-cv-08490-JMF; terminating (111) Motion to Withdraw as Attorney, in case 1:15-cv-08619-JMF; terminating (101) Motion to Withdraw as Attorney, in case 1:15-cv-08856-JMF; terminating (101) Motion to Withdraw as Attorney, in case 1:15-cv-08859-JMF; terminating (111) Motion to Withdraw as Attorney, in case 1:15-cv-08896-JMF; terminating (98) Motion to Withdraw as Attorney, in case 1:15-cv-08958-JMF; terminating (107) Motion to Withdraw as Attorney, in case 1:15-cv-08959-JMF; terminating (103) Motion to Withdraw as Attorney, in case 1:15-cv-08960-JMF; terminating (100) Motion to Withdraw as Attorney, in case 1:15-cv-09138-JMF; terminating (105) Motion to Withdraw as Attorney, in case 1:15-cv-09144-JMF; terminating (99) Motion to Withdraw as Attorney, in case 1:15-cv-09215-JMF; terminating (105) Motion to Withdraw as Attorney, in case 1:15-cv-09339-JMF; terminating (99) Motion to Withdraw as Attorney, in case 1:15-cv-09393-JMF; terminating (98) Motion to Withdraw as Attorney, in case 1:15-cv-09465-JMF; terminating (93) Motion to Withdraw as Attorney, in case 1:15-cv-09538-JMF; terminating (95) Motion to Withdraw as Attorney, in case 1:15-cv-09873-JMF; terminating (176) Motion to Withdraw as Attorney, in case 1:16-cv-00007-JMF; terminating (97) Motion to Withdraw as Attorney, in case 1:16-cv-00027-JMF; terminating (128) Motion to Withdraw as Attorney, in case 1:16-cv-00028-JMF; terminating (85) Motion to Withdraw as Attorney, in case 1:16-cv-00205-JMF; terminating (83) Motion to Withdraw as Attorney, in case 1:16-cv-00210-JMF; terminating (91) Motion to Withdraw as Attorney, in case 1:16-cv-00222-JMF; terminating (87) Motion to Withdraw as Attorney, in case 1:16-cv-00394-JMF; terminating (85) Motion to Withdraw as Attorney, in case 1:16-cv-00399-JMF; terminating (93) Motion to Withdraw as Attorney, in case 1:16-cv-00678-JMF; terminating (90) Motion to Withdraw as Attorney, in case 1:16-cv-00698-JMF; terminating (90) Motion to Withdraw as Attorney, in case 1:16-cv-00749-JMF; terminating (98) Motion to Withdraw as Attorney, in case 1:16-cv-00806-JMF; terminating (80) Motion to Withdraw as Attorney, in case 1:16-cv-00904-JMF; terminating (91) Motion to Withdraw as Attorney, in case 1:16-cv-00918-JMF; terminating (100) Motion to Withdraw as Attorney, in case 1:16-cv-00924-JMF; terminating (120) Motion to Withdraw as Attorney, in case 1:16-cv-00925-JMF; terminating (93) Motion to Withdraw as Attorney, in case 1:16-cv-01173-JMF; terminating (83) Motion to Withdraw as Attorney, in case 1:16-cv-01195-JMF; terminating (86) Motion to Withdraw as Attorney, in case 1:16-cv-01252-JMF; terminating (85) Motion to Withdraw as Attorney, in case 1:16-cv-01345-JMF; terminating (79) Motion to Withdraw as Attorney, in case 1:16-cv-01367-JMF; terminating (79) Motion to Withdraw as Attorney, in case 1:16-cv-01779-JMF; terminating (80) Motion to Withdraw as Attorney, in case 1:16-cv-01888-JMF; terminating (100) Motion to Withdraw as Attorney, in case 1:16-cv-01944-JMF; terminating (86) Motion to Withdraw as Attorney, in case 1:16-cv-01957-JMF; terminating (91) Motion to Withdraw as Attorney, in case 1:16-cv-02046-JMF; terminating (103) Motion to Withdraw as Attorney, in case 1:16-cv-02047-JMF; terminating (73) Motion to Withdraw as Attorney, in case 1:16-cv-02158-JMF; terminating (75) Motion to Withdraw as Attorney, in case 1:16-cv-02270-JMF; terminating (88) Motion to Withdraw as Attorney, in case 1:16-cv-02315-JMF; terminating (76) Motion to Withdraw as Attorney, in case 1:16-cv-02320-JMF; terminating (79) Motion to Withdraw as Attorney, in case 1:16-cv-02335-JMF; terminating (76) Motion to Withdraw as Attorney, in case 1:16-cv-02343-JMF; terminating (74) Motion to Withdraw as Attorney, in case 1:16-cv-02353-JMF; terminating (74) Motion to Withdraw as Attorney, in case 1:16-cv-02357-JMF; terminating (74) Motion to Withdraw as Attorney, in case 1:16-cv-02371-JMF; terminating (76) Motion to Withdraw as Attorney, in case 1:16-cv-02376-JMF; terminating (88) Motion to Withdraw as Attorney, in case 1:16-cv-02391-JMF; terminating (78) Motion to Withdraw as Attorney, in case 1:16-cv-02715-JMF; terminating (88) Motion to Withdraw as Attorney, in case 1:16-cv-02730-JMF; terminating (73) Motion to Withdraw as Attorney, in case 1:16-cv-02755-JMF; terminating (88) Motion to Withdraw as Attorney, in case 1:16-cv-02875-JMF; terminating (90) Motion to Withdraw as Attorney, in case 1:16-cv-02919-JMF; terminating (84) Motion to Withdraw as Attorney, in case 1:16-cv-03058-JMF; terminating (104) Motion to Withdraw as Attorney, in case 1:16-cv-03105-JMF; terminating (77) Motion to Withdraw as Attorney, in case 1:16-cv-03523-JMF; terminating (81) Motion to Withdraw as Attorney, in case 1:16-cv-03634-JMF; terminating (80) Motion to Withdraw as Attorney, in case 1:16-cv-03768-JMF; terminating (71) Motion to Withdraw as Attorney, in case 1:16-cv-03810-JMF; terminating (99) Motion to Withdraw as Attorney, in case 1:16-cv-03923-JMF; terminating (152) Motion to Withdraw as Attorney, in case 1:16-cv-04180-JMF; terminating (72) Motion to Withdraw as Attorney, in case 1:16-cv-04688-JMF; terminating (69) Motion to Withdraw as Attorney, in case 1:16-cv-05140-JMF; terminating (68) Motion to Withdraw as Attorney, in case 1:16-cv-05251-JMF; terminating (78) Motion to Withdraw as Attorney, in case 1:16-cv-05305-JMF; terminating (74) Motion to Withdraw as Attorney, in case 1:16-cv-05342-JMF; terminating (64) Motion to Withdraw as Attorney, in case 1:16-cv-05350-JMF; terminating (65) Motion to Withdraw as Attorney, in case 1:16-cv-05353-JMF; terminating (100) Motion to Withdraw as Attorney, in case 1:16-cv-05491-JMF; terminating (75) Motion to Withdraw as Attorney, in case 1:16-cv-05525-JMF; terminating (81) Motion to Withdraw as Attorney, in case 1:16-cv-05815-JMF; terminating (93) Motion to Withdraw as Attorney, in case 1:16-cv-05947-JMF; terminating (60) Motion to Withdraw as Attorney, in case 1:16-cv-06760-JMF; terminating (89) Motion to Withdraw as Attorney, in case 1:16-cv-06767-JMF; terminating (68) Motion to Withdraw as Attorney, in case 1:16-cv-06828-JMF; terminating (77) Motion to Withdraw as Attorney, in case 1:16-cv-06833-JMF; terminating (69) Motion to Withdraw as Attorney, in case 1:16-cv-06856-JMF; terminating (65) Motion to Withdraw as Attorney, in case 1:16-cv-07258-JMF; terminating (64) Motion to Withdraw as Attorney, in case 1:16-cv-07335-JMF; terminating (67) Motion to Withdraw as Attorney, in case 1:16-cv-07420-JMF; terminating (58) Motion to Withdraw as Attorney, in case 1:16-cv-07583-JMF; terminating (64) Motion to Withdraw as Attorney, in case 1:16-cv-07807-JMF; terminating (71) Motion to Withdraw as Attorney, in case 1:16-cv-07808-JMF; terminating (58) Motion to Withdraw as Attorney, in case 1:16-cv-07909-JMF; terminating (72) Motion to Withdraw as Attorney, in case 1:16-cv-08085-JMF; terminating (57) Motion to Withdraw as Attorney, in case 1:16-cv-08153-JMF; terminating (75) Motion to Withdraw as Attorney, in case 1:16-cv-08229-JMF; terminating (56) Motion to Withdraw as Attorney, in case 1:16-cv-08311-JMF; terminating (64) Motion to Withdraw as Attorney, in case 1:16-cv-08544-JMF; terminating (60) Motion to Withdraw as Attorney, in case 1:16-cv-08683-JMF; terminating (58) Motion to Withdraw as Attorney, in case 1:16-cv-08724-JMF; terminating (62) Motion to Withdraw as Attorney, in case 1:16-cv-08974-JMF; terminating (74) Motion to Withdraw as Attorney, in case 1:16-cv-09082-JMF; terminating (63) Motion to Withdraw as Attorney, in case 1:16-cv-09085-JMF; terminating (62) Motion to Withdraw as Attorney, in case 1:16-cv-09194-JMF; terminating (53) Motion to Withdraw as Attorney, in case 1:16-cv-09222-JMF; terminating (57) Motion to Withdraw as Attorney, in case 1:16-cv-09251-JMF; terminating (55) Motion to Withdraw as Attorney, in case 1:16-cv-09518-JMF; terminating (59) Motion to Withdraw as Attorney, in case 1:16-cv-09999-JMF; terminating (60) Motion to Withdraw as Attorney, in case 1:16-cv-10041-JMF; terminating (66) Motion to Withdraw as Attorney, in case 1:17-cv-00482-JMF; terminating (50) Motion to Withdraw as Attorney, in case 1:17-cv-01001-JMF; terminating (74) Motion to Withdraw as Attorney, in case 1:17-cv-01050-JMF; terminating (49) Motion to Withdraw as Attorney, in case 1:17-cv-01511-JMF; terminating (61) Motion to Withdraw as Attorney, in case 1:17-cv-01678-JMF; terminating (47) Motion to Withdraw as Attorney, in case 1:17-cv-02130-JMF; terminating (51) Motion to Withdraw as Attorney, in case 1:17-cv-02260-JMF; terminating (53) Motion to Withdraw as Attorney, in case 1:17-cv-02380-JMF; terminating (46) Motion to Withdraw as Attorney, in case 1:17-cv-02456-JMF; terminating (53) Motion to Withdraw as Attorney, in case 1:17-cv-02231-JMF; terminating (52) Motion to Withdraw as Attorney, in case 1:17-cv-02412-JMF; terminating (48) Motion to Withdraw as Attorney, in case 1:17-cv-02610-JMF; terminating (48) Motion to Withdraw as Attorney, in case 1:17-cv-02686-JMF; terminating (50) Motion to Withdraw as Attorney, in case 1:17-cv-02921-JMF; terminating (49) Motion to Withdraw as Attorney, in case 1:17-cv-03262-JMF; terminating (50) Motion to Withdraw as Attorney, in case 1:17-cv-03823-JMF; terminating (50) Motion to Withdraw as Attorney, in case 1:17-cv-03979-JMF; terminating (72) Motion to Withdraw as Attorney, in case 1:17-cv-04150-JMF; terminating (57) Motion to Withdraw as Attorney, in case 1:17-cv-04348-JMF; terminating (46) Motion to Withdraw as Attorney, in case 1:17-cv-04355-JMF; terminating (47) Motion to Withdraw as Attorney, in case 1:17-cv-04376-JMF; terminating (52) Motion to Withdraw as Attorney, in case 1:17-cv-04426-JMF; terminating (46) Motion to Withdraw as Attorney, in case 1:17-cv-04463-JMF; terminating (44) Motion to Withdraw as Attorney, in case 1:17-cv-04985-JMF; terminating (47) Motion to Withdraw as Attorney, in case 1:17-cv-05068-JMF; terminating (46) Motion to Withdraw as Attorney, in case 1:17-cv-05072-JMF; terminating (41) Motion to Withdraw as Attorney, in case 1:17-cv-05289-JMF; terminating (49) Motion to Withdraw as Attorney, in case 1:17-cv-05400-JMF; terminating (38) Motion to Withdraw as Attorney, in case 1:17-cv-05970-JMF; terminating (44) Motion to Withdraw as Attorney, in case 1:17-cv-05984-JMF; terminating (44) Motion to Withdraw as Attorney, in case 1:17-cv-05999-JMF; terminating (45) Motion to Withdraw as Attorney, in case 1:17-cv-06001-JMF; terminating (44) Motion to Withdraw as Attorney, in case 1:17-cv-06083-JMF; terminating (43) Motion to Withdraw as Attorney, in case 1:17-cv-06088-JMF; terminating (51) Motion to Withdraw as Attorney, in case 1:17-cv-06120-JMF; terminating (40) Motion to Withdraw as Attorney, in case 1:17-cv-06155-JMF; terminating (31) Motion to Withdraw as Attorney, in case 1:17-cv-06196-JMF; terminating (41) Motion to Withdraw as Attorney, in case 1:17-cv-06273-JMF; terminating (40) Motion to Withdraw as Attorney, in case 1:17-cv-06284-JMF; terminating (36) Motion to Withdraw as Attorney, in case 1:17-cv-06289-JMF; terminating (45) Motion to Withdraw as Attorney, in case 1:17-cv-06338-JMF; terminating (45) Motion to Withdraw as Attorney, in case 1:17-cv-06486-JMF; terminating (40) Motion to Withdraw as Attorney, in case 1:17-cv-06525-JMF; terminating (37) Motion to Withdraw as Attorney, in case 1:17-cv-06854-JMF; terminating (46) Motion to Withdraw as Attorney, in case 1:17-cv-06858-JMF; terminating (37) Motion to Withdraw as Attorney, in case 1:17-cv-06860-JMF; terminating (39) Motion to Withdraw as Attorney, in case 1:17-cv-07441-JMF; terminating (25) Motion to Withdraw as Attorney, in case 1:17-cv-08692-JMF; terminating (24) Motion to Withdraw as Attorney, in case 1:17-cv-08743-JMF; terminating (29) Motion to Withdraw as Attorney, in case 1:17-cv-08840-JMF; terminating (23) Motion to Withdraw as Attorney, in case 1:17-cv-08925-JMF; terminating (24) Motion to Withdraw as Attorney, in case 1:17-cv-08935-JMF; terminating (27) Motion to Withdraw as Attorney, in case 1:17-cv-08968-JMF; terminating (23) Motion to Withdraw as Attorney, in case 1:17-cv-09030-JMF; terminating (25) Motion to Withdraw as Attorney, in case 1:17-cv-09046-JMF; terminating (18) Motion to Withdraw as Attorney, in case 1:17-cv-09088-JMF; terminating (22) Motion to Withdraw as Attorney, in case 1:17-cv-09209-JMF; terminating (24) Motion to Withdraw as Attorney, in case 1:17-cv-09323-JMF; terminating (20) Motion to Withdraw as Attorney, in case 1:17-cv-09353-JMF; terminating (17) Motion to Withdraw as Attorney, in case 1:17-cv-09464-JMF; terminating (17) Motion to Withdraw as Attorney, in case 1:17-cv-09509-JMF; terminating (17) Motion to Withdraw as Attorney, in case 1:17-cv-09522-JMF; terminating (17) Motion to Withdraw as Attorney, in case 1:17-cv-09547-JMF; terminating (15) Motion to Withdraw as Attorney, in case 1:17-cv-09761-JMF; terminating (19) Motion to Withdraw as Attorney, in case 1:17-cv-09813-JMF; terminating (20) Motion to Withdraw as Attorney, in case 1:17-cv-09814-JMF; terminating (19) Motion to Withdraw as Attorney, in case 1:17-cv-09815-JMF; terminating (20) Motion to Withdraw as Attorney, in case 1:17-cv-09816-JMF; terminating (20) Motion to Withdraw as Attorney, in case 1:17-cv-09817-JMF; terminating (19) Motion to Withdraw as Attorney, in case 1:17-cv-09818-JMF; terminating (21) Motion to Withdraw as Attorney, in case 1:17-cv-09819-JMF; terminating (20) Motion to Withdraw as Attorney, in case 1:17-cv-09821-JMF; terminating (20) Motion to Withdraw as Attorney, in case 1:17-cv-09822-JMF; terminating (23) Motion to Withdraw as Attorney, in case 1:17-cv-09823-JMF; terminating (19) Motion to Withdraw as Attorney, in case 1:17-cv-09824-JMF; terminating (15) Motion to Withdraw as Attorney, in case 1:17-cv-09849-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:17-cv-09990-JMF; terminating (15) Motion to Withdraw as Attorney, in case 1:17-cv-10113-JMF; terminating (15) Motion to Withdraw as Attorney, in case 1:17-cv-10114-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:17-cv-10178-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:17-cv-10196-JMF; terminating (15) Motion to Withdraw as Attorney, in case 1:17-cv-10202-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:18-cv-00004-JMF; terminating (16) Motion to Withdraw as Attorney, in case 1:18-cv-00060-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:18-cv-00109-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:18-cv-00184-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:18-cv-00208-JMF; terminating (28) Motion to Withdraw as Attorney, in case 1:18-cv-00227-JMF; terminating (13) Motion to Withdraw as Attorney, in case 1:18-cv-00229-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:18-cv-00519-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:18-cv-00520-JMF; terminating (13) Motion to Withdraw as Attorney, in case 1:18-cv-00729-JMF; terminating (12) Motion to Withdraw as Attorney, in case 1:18-cv-00750-JMF; terminating (12) Motion to Withdraw as Attorney, in case 1:18-cv-00751-JMF; terminating (11) Motion to Withdraw as Attorney, in case 1:18-cv-00926-JMF; terminating (11) Motion to Withdraw as Attorney, in case 1:18-cv-00970-JMF; terminating (9) Motion to Withdraw as Attorney, in case 1:18-cv-01007-JMF; terminating (18) Motion to Withdraw as Attorney, in case 1:18-cv-01019-JMF; terminating (11) Motion to Withdraw as Attorney, in case 1:18-cv-01074-JMF; terminating (11) Motion to Withdraw as Attorney, in case 1:18-cv-01114-JMF; terminating (11) Motion to Withdraw as Attorney, in case 1:18-cv-01193-JMF; terminating (11) Motion to Withdraw as Attorney, in case 1:18-cv-01201-JMF; terminating (9) Motion to Withdraw as Attorney, in case 1:18-cv-01389-JMF; terminating (9) Motion to Withdraw as Attorney, in case 1:18-cv-01459-JMF; terminating (9) Motion to Withdraw as Attorney, in case 1:18-cv-01528-JMF; terminating (9) Motion to Withdraw as Attorney, in case 1:18-cv-01627-JMF; terminating (14) Motion to Withdraw as Attorney, in case 1:18-cv-01667-JMF; terminating (8) Motion to Withdraw as Attorney, in case 1:18-cv-01725-JMF; terminating (8) Motion to Withdraw as Attorney, in case 1:18-cv-01796-JMF; terminating (8) Motion to Withdraw as Attorney, in case 1:18-cv-01880-JMF; terminating (7) Motion to Withdraw as Attorney, in case 1:18-cv-01902-JMF; terminating (8) Motion to Withdraw as Attorney, in case 1:18-cv-01904-JMF; terminating (8) Motion to Withdraw as Attorney, in case 1:18-cv-01905-JMF; terminating (8) Motion to Withdraw as Attorney, in case 1:18-cv-01984-JMF; terminating (8) Motion to Withdraw as Attorney, in case 1:18-cv-01985-JMF; terminating (7) Motion to Withdraw as Attorney, in case 1:18-cv-02047-JMF; terminating (10) Motion to Withdraw as Attorney, in case 1:18-cv-02063-JMF; terminating (8) Motion to Withdraw as Attorney, in case 1:18-cv-02082-JMF; terminating (7) Motion to Withdraw as Attorney, in case 1:18-cv-02114-JMF; terminating (7) Motion to Withdraw as Attorney, in case 1:18-cv-02160-JMF; terminating (7) Motion to Withdraw as Attorney, in case 1:18-cv-02161-JMF. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 5210, and all related motions in the member case dockets. The Clerk of Court is also directed to terminate the Firms' Motion to Seal (14-MD-2543, Docket No. 5212) as moot. Should the Firms file a revised motion to withdraw as counsel, they shall file the motion in 14-MD-2543 and only the member case docket or dockets related to the motion. Should the Firms have any questions on how to do so, they should call the ECF Help Desk at 212-805-0800 or Chambers at 212-805-0282. (Signed by Judge Jesse M. Furman on 3/14/2018) As Per Chambers, Filed In Associated Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 03/14/2018)
MOTION for Robert C. Hillard and Thomas J. Henry to Withdraw as Attorney for Plaintiffs listed on Exhibit A. Document filed by Brenda Gregory, Jennifer Lankford. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:14-md-02543-JMF et al.(Hilliard, Robert) (Entered: 03/13/2018)
ORDER NO. 142 [Regarding Withdrawal of Representation by Hilliard-Henry as to Certain Plaintiffs]: It is hereby ORDERED that: 1. As a condition of withdrawal, the Firms shall, no later than March 2, 2018, serve upon each of the Affected Plaintiffs (1) a copy of the "Notice to Certain Plaintiffs in General Motors Ignition Switch Litigation" attached hereto as Exhibit B; (2) a copy of this Order; and (3) a copy of this Court's Individual Rules and Practices for Pro Se Cases, which is attached to this Order as Exhibit C. The Firms shall file proof of such service no later than March 5, 2018. Each of the Affected Plaintiffs is hereby ordered to file, in the form of a new lawsuit, an amended and severed complaint in the United States District Court for the Southern District of New York within ninety (90) days that is, by May 24, 2018 and to pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. § 1914(a). New GM shall promptly serve Affected Plaintiffs with any Order issued by the Court that may affect their rights and file proof of such service. (Signed by Judge Jesse M. Furman on 2/26/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 02/26/2018)
ORDER NO. 141 [Regarding Next Steps for the Post-Sale Production Part and Service Part and Category C Personal Injury and Wrongful Death Cases]: Targeted, case-specific fact discovery of Wave One plaintiffs shall commence on Monday, February 26, 2018, and shall conclude by Thursday, August 2, 2018. Wave One plaintiffs shall present their expert witnesses for deposition on or before Friday, October 5, 2018. Fact discovery in the Category C Replacement Early Trial Candidates will commence on the date the Court makes its selection for the two bellwether trials and will conclude no later than Monday, July 16, 2018. Expert discovery in the Category C Replacement Early Trial Candidates will take place as follows: Lead Counsel shall disclose their expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Friday, August 17, 2018. Lead Counsel shall present their expert witnesses for deposition on or before Friday, September 14, 2018. New GM shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 2(a)(2)(B) on or before Friday, September 28, 2018. New GM shall present its expert witnesses for deposition on or before Friday, October 19, 2018. Absent good cause, no rebuttal expert reports shall be permitted. Expert discovery for the Category C Replacement Early Trial Candidates shall conclude by Friday, October 19, 2018. By Friday, October 12, 2018, the parties will meet and confer and submit a joint proposed order regarding deadlines for submitting any Daubert motions, dispositive motions, and motions in limine for Bellwether Trial Nos. 12 and 13. By that same date, the parties should submit joint or competing letters addressing the order of trials and setting forth the parties' supporting rationales for their proposed orders. The Court will then designate the order of the Category C Replacement Early Trial Candidates. Bellwether Trial Nos. 12 and 13 will commence on January 28, 2019 and March 25, 2019, respectively. (Signed by Judge Jesse M. Furman on 2/20/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 02/20/2018)
ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled to begin at 9:30 a.m. on March 23, 2018, will begin instead at 1:30 p.m. Counsel shall promptly update the MDL website with the new time. (Signed by Judge Jesse M. Furman on 2/14/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) Modified on 2/16/2018 (ras). (Entered: 02/14/2018)
ORDER OF DISMISSAL: The Unrepresented Plaintiffs' claims are DISMISSED without prejudice. Should Unrepresented Plaintiffs fail to move to reopen their cases within forty-five days of the date of this Order, New GM may again move to dismiss their claims with prejudice; any opposition to such a motion would be due within twenty-one days; any reply would be due within seven days of any opposition. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 4851, and to mail to the Unrepresented Plaintiffs a copy of this Order, as well as a copy of this Court's Individual Rules and Practices in Civil Pro Se Cases, available at http://nysd.uscourts.gov/judge/Furman. (Motions terminated: (4851 in 1:14-md-02543-JMF) MOTION to Dismiss Plaintiffs with Prejudice for Failure to Comply with the Court's October 10, 2017 Order (ECF 4696), filed by General Motors LLC.) (Signed by Judge Jesse M. Furman on 1/30/2018) As Per Chamber, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 01/31/2018)
MEMORANDUM OPINION AND ORDER re: (4875 in 1:14-md-02543-JMF) LETTER MOTION to Compel Lead Counsel to produce the documents withheld in response to New GM's September 22, 2017 Requests for Production addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated December 15, 2017, filed by General Motors LLC. Upon review of the parties' submissions (GM Ltr. Mot.; Pls.' Opp'n; Pls.' Supp. Ltr.; Docket No. 4966 ("GM Supp. Br.")), including an in camera review of the materials at issue, the Court grants New GM's motion with respect to the Questionnaires and denies its motion with respect to the E-mails. The Clerk of Court is directed to terminate Docket No. 4875, and as further set forth herein, (Signed by Judge Jesse M. Furman on 1/29/2018) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 01/29/2018)
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) All Defendants. Document filed by Potts Law Firm LLP. Filed In Associated Cases: 1:14-md-02543-JMF et al.(Jensen, Eric) Modified on 1/29/2018 (km). (Entered: 01/26/2018)
NOTICE OF WITHDRAWAL AS COUNSEL: PLEASE TAKE NOTICE that the following attorneys hereby withdraw as counsel of record for Defendant General Motors LLC in the above-referenced actions, and respectfully request that their names be removed from the court's electronic mail notice list and counsel's service list: Heather A. Bloom, Ebony S. Johnson, and Catherine E. Stahl. Kirkland & Ellis LLP continues to serve as counsel for Defendant General Motors LLC in the above-referenced actions through Richard C. Godfrey, P.C., and Andrew B. Bloomer, P.C., who are registered as Electronic Filing Users on the CM/ECF system, and request that all future correspondence and papers in this action continue to be directed to them and all other attorneys at Kirkland & Ellis LLP serving as counsel of record in these matters. (Attorney Catherine E. Stahl; Heather A. Bloom and Ebony Sunala Johnson terminated.) (Signed by Judge Jesse M. Furman on 12/21/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) Modified on 12/26/2017 (ras). Modified on 12/26/2017 (ras). (Entered: 12/22/2017)
OPINION AND ORDER [Regarding New GM's Motion for Partial Summary Judgment on Successor Liability] re: (3519 in case 14-md-2543) MOTION for Summary Judgment on Successor Liability. New GM's motion for summary judgment is GRANTED with respect to Plaintiffs' successor liability claims under Maryland law, but DENIED with respect to Plaintiffs' claims under the other laws of the other eight jurisdictions still at issue. Per Docket No. 4831, the parties shall submit letters regarding the next steps for personal injury cases in the MDL, addressing the implications of this Opinion and Order among other things, by the earlier of (1) one week after the Court's ruling on the pending motions in the Phase Two, Category B cases; or (2) January 3, 2018, and as further set forth herein. (Signed by Judge Jesse M. Furman on 12/19/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) Modified on 12/20/2017 (ras). (Entered: 12/19/2017)
ORDER NO. 139 [Prohibiting the Filing of Consolidated Personal Injury / Wrongful Death Complaints]: Heretofore, the Court has tolerated the filing of omnibus consolidated complaints on behalf of multiple plaintiffs bringing personal injury and wrongful death claims arising out of different accidents or incidents. The Court has done so, even where joinder would not be permitted under a strict application of the Federal Rules of Civil Procedure, in the interests of efficiency. Upon reflection, the Court has decided to put an end to the practice because it creates administrative problems for the Clerk's Office (problems that will become even more pronounced if or when individual cases are transferred or remanded to transferor courts) and because it deprives the Court of filing fees to which it is due. (Requiring each plaintiff to pay a separate filing fee has an additional salutary effect: It helps ensure that plaintiff's counsel will adequately screen each plaintiff's claim to ensure that it is valid and belongs in these proceedings.) Accordingly, effective immediately, counsel may no longer file consolidated complaints on behalf of multiples plaintiffs where joinder would not be permitted under the Federal Rules. Counsel shall instead file individual complaints (along with the requisite Statement of Relatedness) with separate filing fees for each case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/08/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ama) (Entered: 12/08/2017)
ORDER: On October 10, 2017, the Court granted the request of Steve W. Berman and Elizabeth J. Cabraser to withdraw as counsel for Plaintiffs Dion Jones, Carmel Justis, and Tajah Liddy ("Unrepresented Plaintiffs") and ordered the Unrepresented Plaintiffs to either retain new counsel or move for permission to become Electronic Case Filing ("ECF") users by November 13, 2017 (see Docket No. 4696). The Unrepresented Plaintiffs failed to do so and New GM now moves to dismiss Unrepresented Plaintiffs' claims with prejudice (Docket No. 4851). Unrepresented Plaintiffs shall file any opposition to New GM's motion to dismiss with prejudice no later than January 15, 2018 and New GM shall file any reply no later than January 29, 2018. The Clerk of the Court is directed to mail to the Unrepresented Plaintiffs a copy of this Order and a copy of New GM's motion to dismiss with prejudice (Docket No. 4851), as well as a copy of this Court's Individual Rules and Practices in Civil Pro Se Cases, available at http://nysd.uscourts.gov/judge/Furman. ( Responses due by 1/15/2018, Replies due by 1/29/2018.) (Signed by Judge Jesse M. Furman on 12/4/2017) Filed In All Member Cases, 1:14-md-02543-JMF et al., pursuant to instructions from Chambers. (mro) (Entered: 12/04/2017)
ORDER NO. 138 [Regarding Discovery of Expert Witness Materials Relating to Economic Loss Claims]: Lead Counsel for the MDL Plaintiffs and Counsel for General Motors LLC stipulate and agree to this Order regarding the scope of discovery of expert-related materials in connection with economic claims asserted in MDL 2543...The parties agree that a deposition notice shall be sufficient to require any witness designated as a testifying expert to appear for a deposition. Absent good cause shown, no subpoena shall be served on a testifying expert. (Signed by Judge Jesse M. Furman on 11/29/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 11/29/2017)
ORDER: IT IS HEREBY ORDERED that the next status conference in this matter, previously scheduled for December 4, 2017, at 9:30 a.m, is ADJOURNED to January 8, 2018, at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall promptly update the MDL website with the new date and time. (Signed by Judge Jesse M. Furman on 11/21/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 11/21/2017)
MEMORANDUM OPINION AND ORDER [Regarding Plaintiffs' Motion for Leave to Amend the Fourth Amended Consolidated Complaint and New GM's Partial Cross-Motion to Dismiss and/or Strike Plaintiffs' Proposed Fifth Amended Consolidated Complaint] re: (4522 in 1:14-md-02543-JMF) MOTION to Amend/Correct (3356) Amended Complaint, Plaintiffs' Motion for Leave to Amend the Fourth Amended Consolidated Class Action Complaint, filed by GM Ignition Switch MDL Plaintiffs, (4704 in 1:14-md-02543-JMF) MOTION to Dismiss and/or Strike Plaintiff's Proposed Fifth Amended Consolidated Complaint, filed by General Motors LLC. Upon review of the parties' submissions (Docket Nos. 4522, 4680, 4704, 4767, 4775), the Court grants Plaintiffs' motion for leave to amend. The Court declines to consider the second argument because the Bankruptcy Court's ruling is the subject of pending appeals to this Court. There is little point in addressing the argument until the appeals are resolved. For the foregoing reasons, the Court GRANTS Plaintiffs' motion for leave to amend the FACC and DENIES New GM's motion to dismiss and/or strike, except to the extent that it concerns claims that the Court previously dismissed and claims on behalf of new Plaintiffs that the Court previously found unviable for similarly situated Plaintiffs. The Clerk of Court is directed to terminate Docket Nos. 4522 and 4704, and as further set forth herein. (Signed by Judge Jesse M. Furman on 11/15/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 11/15/2017)
OPINION AND ORDER: re: (42 in 1:17-cv-04150-JMF, 4425 in 1:14-md-02543-JMF) MOTION to Remand to State Court, filed by Amber Synott. For the foregoing reasons, the Court concludes that this case must be remanded to the Superior Court for the Judicial District of Waterbury, Connecticut. The Court recognizes that that conclusion comes at a cost. As this Court has observed, "[p]utting aside the natural temptation to find federal jurisdiction every time a [high] dollar case with national implications arrives at the doorstep of a federal court,... the federal courts undoubtedly have advantages over their state counterparts when it comes to managing a set of substantial cases filed in jurisdictions throughout the country." Standard & Poor's, 23 F. Supp. 3d. at 413 (internal quotation marks, citations, and brackets omitted). The present MDL illustrates many of those advantages, as the Court has largely been able to manage and oversee the claims of several thousand plaintiffs in a manner that promotes efficiency and minimizes the risks of inconsistent rulings and unnecessary duplication of effort. Nevertheless, as the Court has made clear, it also has tools to promote coordination with related cases pending in state court through communication with the judges presiding over those cases. (See 14MD2543, Docket No. 315 (Order No. 15) (establishing procedures for coordinated discovery in this MDL and related state court proceedings)). "[I]n any event, as any student of the Constitution knows, efficiency is not the only interest served by this country's federalist system of state and federal courts." Standard & Poor's, 23 F. Supp. 3d at 413. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 4425 and 17-CV-4150 Docket No. 42, to remand 17-CV-4150 back to the Superior Court for the Judicial District of Waterbury, Connecticut, and to then close 17-CV-4150, and as further set forth in this order. Motions terminated: (4425 in 1:14-md-02543-JMF, 42 in 1:17-cv-04150-JMF) MOTION to Remand to State Court, filed by Amber Synott. (Signed by Judge Jesse M. Furman on 11/9/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ap) (Entered: 11/09/2017)
NOTICE OF CHANGE OF ADDRESS by Robert Ahdoot on behalf of Kimberly Brown, Dan Shipley. New Address: Ahdoot & Wolfson, PC, 10728 Lindbrook Drive, Los Angeles, CA, United States 90024, 3104749111. Filed In Associated Cases: 1:14-md-02543-JMF et al.(Ahdoot, Robert) (Entered: 11/02/2017)
ORDER terminating (4716) Motion to Withdraw; terminating (4720) Motion to Withdraw; terminating (4724) Motion to Withdraw; terminating (4728) Motion to Withdraw; terminating (4732) Motion to Withdraw; terminating (4738) Motion to Withdraw; terminating (4742) Motion to Withdraw; terminating (4746) Motion to Withdraw; terminating (4750) Motion to Withdraw; terminating (4754) Motion to Withdraw in case 1:14-md-02543-JMF. On October 18, 2017, Hilliard Martinez Gonzales, Thomas J. Henry Injury Attorneys, and Matthews & Associates (the "Firms") filed a Motion to Withdraw as Co-Counsel for those Plaintiffs listed on Exhibit A of the Motion. (MDL Docket No. 4712). For some reason, counsel appear to have filed identical versions of the Motion eleven times. (See also MDL Docket Nos. 4716, 4720, 4724, 4728, 4732, 4738, 4742, 4746, 4750, and 4754). The duplicates are hereby terminated, with the caveat that the Firms shall promptly notify the Court if any of those filings are actually separate and different from the initial Motion to Withdraw. To evaluate counsel's reasons for moving to withdraw, the Firms shall, within one week of this Order, file a supplemental declaration including the relevant language from the Firms' retainer agreements and explaining how the claims of Plaintiffs listed in Exhibit A are beyond the scope of that language. (If necessary or appropriate, the Firms may seek leave to file those documents under seal.) Any opposition to the Firms' Motion by Plaintiffs themselves, New GM, or otherwise shall be filed no later than two weeks from the date of this Order. The Firms' reply, if any, shall be filed no later than one week thereafter. The Firms are directed to serve a copy of this Order on the Plaintiffs listed in Exhibit A of their Motion and to docket proof of such service no later than October 26, 2017. The Clerk of Court is directed to terminate 14-MD-2543 Docket Nos. 4716, 4720, 4724, 4728, 4732, 4738, 4742, 4746, 4750, and 4754. (Signed by Judge Jesse M. Furman on 10/19/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 10/19/2017)
ORDER NO. 136 [Regarding the October 4, 2017 Status Conference]: A Status Conference will be held on Monday, December 4, 2017, at 9:30 a.m. EST in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Consistent with the Court's comments at the Status Conference, the parties should meet and confer regarding next steps for the personal injury cases in the MDL, and should submit a joint letter detailing the parties' position(s) by Monday, November 27, 2017, and as further set forth herein. (Signed by Judge Jesse M. Furman on 10/16/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 10/16/2017)
ORDER: In the Opinion and Order regarding New GM's Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint, entered on June 30, 2017 (Docket No. 4175), the language on page 39, line 20 that reads "To state a claim for fraudulent inducement under Illinois law is hereby REVISED to read: To state a claim for fraudulent concealment under Illinois law." (Signed by Judge Jesse M. Furman on 10/3/2017) As Per Chambers Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 10/03/2017)
ORDER: On September 26, 2017, the Court issued Order No. 135 establishing the terms and conditions of Layn R. Phillips' appointment as economic loss mediator in this matter. (Docket No. 4638). The Court inadvertently failed to attach Exhibit A, the normal and customary hourly rates of Mr. Phillips and personnel working under his direction. The Court hereby issues this Order with Exhibit A for Order No. 135 attached. (Signed by Judge Jesse M. Furman on 9/28/2017) As Per Chambers, Filed In Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 09/28/2017)
ORDER NO. 135 [Regarding the Terms and Conditions of the Appointment of the Economic Loss Mediator]: Order No. 132 appointed Layn R. Phillips of Phillips ADR as the economic loss mediator in this matter. (Docket No. 4525). Mr. Phillips has confirmed that he is able and willing to serve as the mediator in this matter and that he is available to begin meeting with the parties in a timely fashion. The Court further ordered the parties to submit an agreed upon proposed order of appointment that sets forth the terms and conditions of the mediator's appointment. (Id. at 1-2). Based on the joint submission, the Court hereby orders that: Mr. Phillips' authority is limited to facilitating settlement discussions for the economic loss actions...Any disputes regarding compensation, costs and expenses, or the allocation of payment of such fees and costs among the parties, shall be brought to the Court's attention, but only after the parties have conferred in good faith to resolve or narrow the dispute. The Court thanks Mr. Phillips in advance for his service to the parties and the Court, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/26/2017) As Per Chambers Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 09/26/2017)
ORDER NO. 134 [Regarding Amended Schedule for New GM's Phase Two Bellwether Plan Category C Replacement Case Selections]: Upon review of the parties' joint letter dated September 20, 2017, and for good cause shown, the Court adopts a revised schedule for New GM's New Replacement Discovery Pool Category C Replacement Case selections as follows. Fact discovery in the New GM Discovery Pool Category C Replacement Cases will conclude no later than Friday, December 1, 2017. By 5:00 p.m. EST on Friday, December 1, 2017, Lead Counsel will exercise one strike against a New GM Discovery Pool Category C Replacement Case...Lead Counsel shall present their expert witnesses for deposition on or before Tuesday, February 13, 2018...New GM shall present its expert witnesses for deposition on or before Thursday, March 29, 2018...Expert discovery for the Phase Two Category C Replacement Case Trial Candidate shall conclude by Thursday, March 29, 2018. By Friday, February 26, 2018, the parties will meet and confer and submit a joint proposed order regarding deadlines for submitting any Daubert motions, dispositive motions, and motions in limine for Bellwether Trial No. 11. The New GM Phase Two Category C Replacement Case Trial Candidate shall be scheduled as MDL Bellwether Trial No. 11 from June 18, 2018-July 9, 2018. To the extent not modified herein, all deadlines in Order Nos. 107, 118, 121, and 128 (and any other previous order modifying Order Nos. 107 and 118) remain in full force and effect, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/25/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 09/26/2017)
STIPULATION OF VOLUNTARY DISMISSALS PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): COMES NOW, Economic Loss Plaintiffs Kimberly Smith, David McMaster, Bryan Mettee, Carter Bishop, Gwendolyn Grooms, Michelle Washington, Cindy Wilson, and Scott Schultz, under F.R.C.P. 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, hereby give notice that their claims are voluntarily dismissed with prejudice. General Motors LLC stipulates to these dismissals with prejudice. COMES NOW, Economic Loss Plaintiff Randall Pina hereby gives notice, under F.R.C.P. 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, that his claims are voluntarily dismissed without prejudice. Lead Counsel represent that Mr. Pina's health issues, as set forth in the doctor's note attached as Exhibit A, prevent him from sitting for a deposition or otherwise participating as a named plaintiff in this litigation. General Motors LLC stipulates to this dismissal without prejudice. SO ORDERED. The Clerk of Court is directed to terminate Kimberly Smith, David McMaster, Bryan Mettee, Carter Bishop, Gwendolyn Grooms, Randall Pina, Michelle Washington, Cindy Wilson, and Scott Schultz as Plaintiffs in this case. (Signed by Judge Jesse M. Furman on 9/20/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 09/22/2017)
ORDER NO. 133 [Regarding Motions To Seal]: To minimize the burdens on the Court and the parties, the procedures regarding the filing of documents under seal or in redacted form set forth in Section X of MDL Order No. 77 (Docket No. 1349) are hereby modified as follows. Effective immediately, unless and until the Court orders otherwise (as to any specific submission or more generally), the parties are granted leave to file any and all motion papers under seal or in redacted form on a temporary basis, without the need to obtain specific approval from the Court to do so. That is, the parties need not (and should not) file a motion to file under seal or in redacted form any papers filed in connection with another motion. (The parties should continue to file motions to file under seal or in redacted form any documents that are not related to another motion.) In lieu of filing a motion to seal motion papers, the parties should file a "Notice of Sealed/Redacted Filing" on the docket at the time of filing any sealed or redacted materials. Upon resolution of the underlying motion by the Court, the parties shall then follow the procedures set forth in Section X of MDL Order No. 77 with respect to addressing the propriety of keeping the documents at issue under seal or in redacted form on a permanent basis. On that score, the Court reminds the parties that sealing and/or redactions must be narrowly tailored to serve whatever purpose justifies them and otherwise consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Additionally, "the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome the presumption in favor of public access to judicial documents." In re: Gen. Motors LLC, No. 14-MD-2543 (JMF), 2015 WL 7574460, at *10 (S.D.N.Y. Nov. 25, 2015) (citing cases). (Signed by Judge Jesse M. Furman on 9/14/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 09/14/2017)
ORDER NO. 132 [Regarding Selection of a Mediator for the Economic Loss Class Actions]: Upon review of the parties' selections, the Court hereby selects Layn R. Phillips of Phillips ADR. Counsel shall promptly contact Mr. Phillips to negotiate a fee arrangement, confirm that he is able and willing to serve as the mediator in this matter (including but not limited to confirming that he does not have any conflicts that would preclude his service), and that he is available to begin meeting with the parties in a timely fashion (ideally, in the next month or two at the latest), and shall advise the Court by joint letter no later than September 25, 2017, in the event that a new selection must be made. By that same date, the parties shall also submit an agreed upon proposed Order of appointment (or competing proposed orders with appropriate letter briefing) that sets forth the terms and conditions of the mediator's appointment, as appropriate, presumably including but not limited to the scope of the mediator's authority; the payment of fees and costs; the confidentiality and preservation of communications; the propriety and terms of ex parte communication with the parties; and the propriety and terms of communication (ex parte or otherwise) with the Court. (With respect to the issue of communications with the Court, the Court reserves judgment pending the parties' proposed Order, but is inclined to believe that the mediator should be permitted to communicate confidential information to the Court, to be filed under seal, with the agreement of counsel for both sides and should otherwise be permitted to communicate with the Court regarding non-confidential matters, including procedural issues and updates on the progress of settlement communications.) SO ORDERED. (Signed by Judge Jesse M. Furman on 9/11/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 09/11/2017)
ORDER NO. 131 [Regarding Amended Schedule for Motion Practice, Discovery, and Bellwether Procedures Related to and Proposed Amendment of the Fourth Amended Consolidated Complaint]: The Court, having received and reviewed the parties' letter briefs (Docket Nos. 4459, 4460), hereby amends Order No. 114 as follows. Consistent with the Court's comments at the August 11, 2017 Status Conference, plaintiffs shall file their motion for leave to amend the FACC to add additional plaintiffs by Friday, September 8, 2017. New GM shall file its opposition brief by Friday, October 6, 2017. Plaintiffs shall file their reply brief by Friday, October 20, 2017. Plaintiffs' proposed new named plaintiffs must submit substantially complete Plaintiff Fact Sheets, declarations, authorizations (where applicable), and requested documents by no later than Friday, September 29, 2017. Bellwether State Selection Process: No later than Thursday, September 7, 2017, New GM shall file a letter indicating whether it selects New York or Texas as the third Bellwether State. Motion for Summary Judgment on Benefit of the Bargain in the Sixteen FACC Motion Practice Jurisdictions: By Friday, October 6, 2017, New GM shall file a motion for summary judgment. Plaintiffs' opposition must be filed by Thursday, November 2, 2017. New GM's reply must be filed by Friday, November 10, 2017. Fact discovery contemplated under Order No. 84 and Order No. 114 for the plaintiffs' claims in the Bellwether States shall be completed by no later than Friday, December 15, 2017. Discovery related to FACC plaintiffs and FACC plaintiffs' claims outside of the Bellwether States shall be stayed until further order of the Court (except as required by Paragraph 1 above). By no later than Friday, November 10, 2017, Lead Counsel shall disclose any experts (including, but not limited to class and merits experts) and serve expert reports related to the plaintiffs' claims in the Bellwether States. By Friday, December 22, 2017, New GM shall depose plaintiffs' experts. By Friday, February 2, 2018, New GM shall disclose any experts (including, but not limited to class and merits experts) and serve expert reports. By Friday, March 2, 2018, Lead Counsel shall disclose any experts and reports limited strictly to rebuttal of New GM's experts. By Friday, March 16, 2018, plaintiffs shall depose New GM's experts, New GM shall depose plaintiffs' rebuttal experts, and expert discovery shall be completed. Bellwether State Summary Judgment Motion Practice: New GM shall file any motion for summary judgment by Tuesday, April 3, 2018. Plaintiffs shall file their opposition by Tuesday, May 15, 2018. New GM shall file its reply by Tuesday, June 12, 2018. Bellwether State Class Certification Motion Practice: Plaintiffs shall file any motion for class certification by Tuesday, April 3, 2018. New GM shall file its opposition by Tuesday, May 15, 2018. Plaintiffs shall file their reply by Tuesday, June 12, 2018. The Court will hold a hearing on the summary judgment and class certification motion practice contemplated herein in September 2018 or as soon thereafter as is reasonably practical. To the extent not expressly modified herein, all deadlines in Order No. 114 (and any other previous order modifying Order No. 114) remain in full force and effect, and as further set forth herein. (Deposition due by 3/16/2018. Expert Discovery due by 3/16/2018. Fact Discovery due by 12/15/2017. Motions due by 4/3/2018. Responses due by 5/15/2018. Replies due by 6/12/2018.) (Signed by Judge Jesse M. Furman on 8/30/2017) As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) Modified on 8/30/2017 (ras). (Entered: 08/30/2017)
ORDER NO. 130 [Regarding the August 11, 2017 Status Conference]: A Status Conference will be held Wednesday, October 4, 2017, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York. Unless and until the Court orders otherwise, the parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 § V, Docket No. 249) or in separate letter updates, as circumstances require. Consistent with the Court's comments at the Status Conference, including the Court's decision to adopt an economic loss bellwether procedure, by Friday, August 25, 2017, the parties should submit a joint proposal or competing proposals addressing, among the other issues discussed at the Status Conference: (1) the timing and briefing schedule for plaintiffs' proposed motion for leave to amend the Fourth Amended Consolidated Complaint...Additionally, per the parties' agreement (Docket Nos. 4337-4338), the parties should meet and confer regarding application of the Court's prior motion to dismiss opinions to the remaining 35 states and submit an agreed plan (or competing plans) with respect to resolving any differences in the parties' positions by no later than December 15, 2017. Consistent with the Court's comments at the Status Conference, the trial date for Bellwether Trial No. 11 has been continued to Monday, June 18, 2017. The parties should review the current pretrial schedule, meet and confer and propose any modifications as appropriate. Consistent with the Court's comments at the Status Conference, the parties should meet and confer and submit a joint or competing proposals regarding a mediator for the economic loss claims by no later than Monday, August 21, 2017, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/21/2017) As Per Chambers Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) Modified on 8/22/2017 (ras). Modified on 8/31/2017 (ras). (Entered: 08/22/2017)
MEMORANDUM OPINION AND ORDER [Regarding Plaintiffs' Motion for Reconsideration and/or Clarification of the Court's Order Dismissing the Claims of "Pre-Recall Plaintiffs"]: re: (4256 in 1:14-md-02543-JMF) MOTION for Reconsideration re; (4175) Memorandum & Opinion, Plaintiffs' Motion for Reconsideration and/or Clarification of Court's Order Dismissing Certain Damages Claims of Plaintiffs Who Purchased After the Sale Order filed by GM Ignition Switch MDL Plaintiffs. Plaintiffs' motion for reconsideration is GRANTED, and the Court's prior Opinion and Order is modified as reflected here. The Clerk of Court is directed to terminate Docket No. 4256, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/9/2017) ***As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 08/09/2017)
OPINION AND ORDER [Regarding New GM's Partial Motion for Summary Judgment on Plaintiffs' Successor Liability Claims in the Fourth Amended Consolidated Complaint]: re: (3519 in 1:14-md-02543-JMF) MOTION for Summary Judgment on Successor Liability, filed by General Motors LLC. The Court grants New GM's motion for summary judgment with respect to Plaintiffs' successor liability claims in part and reserves judgment on the remainder of the motion. Specifically, the Court holds that: Plaintiffs' claims are not barred by the Second Circuit's decision in Tronox because, by virtue of the due process violation, Plaintiffs did not know about, and could not bring, the claims at the time of the bankruptcy; Each jurisdiction's choice-of-law rules must be applied to determine the substantive law that governs the merits of Plaintiffs' successor liability claims in that jurisdiction; Based on a jurisdiction-by-jurisdiction analysis, Delaware law applies to Plaintiffs' successor liability claims in seven jurisdictions considered here: California, the District of Columbia, Florida, Louisiana, Massachusetts, New York, and Wisconsin. The applicable law to be applied in the other nine jurisdictions is as follows: (See document); Under Delaware law, Plaintiffs' successor liability claims fail as a matter of law, requiring dismissal of those claims in seven of the sixteen states; and Additional briefing is warranted on the merits of Plaintiffs' claims in the other nine jurisdictions due to, among other things, the potential settlement between Plaintiffs and the GUC Trust. Accordingly, the successor liability claims of Plaintiffs from California, the District of Columbia, Florida, Louisiana, Massachusetts, New York, and Wisconsin are dismissed, and the Court reserves judgment on the successor liability claims of Plaintiffs from Alabama, Illinois, Maryland, Michigan, Missouri, Oklahoma, Pennsylvania, Texas, and Virginia. With respect to those nine jurisdictions, the parties shall, no later than August 24, 2017, file supplemental memoranda of law, not to exceed twenty-five pages in length, addressing the merits (including any effect of the settlement negotiations or potential settlement between Plaintiffs and the GUC Trust, as to which the parties should submit supporting declarations as appropriate). The Clerk of Court is directed to terminate Docket No. 3519, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 8/3/2017) ***As Per Chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 08/04/2017)
ORDER NO. 129 [Regarding Submission of Electronic Courtesy Copies of Certain Motion Papers]: Effective immediately, with respect to (1) substantive motions for all bellwether trials (including, but not limited to, Daubert motions, summary judgment motions, OSI briefing, and motions in limine); and (2) substantial motions relating to the MDL as a whole, the economic loss class action claims, or any member case (including, but not limited to, motions to dismiss, motions for summary judgment, motions for class certification, and motions to remand), the parties shall adhere to the following procedures for the submission of electronic courtesy copies (which are to be filed in addition to, rather than in place of, paper courtesy copies). (See document). The Court's Individual Rules and Practices and all prior Orders continue to apply to the MDL and all member cases, except as modified herein. For avoidance of doubt, the parties are still required to follow the procedures set forth in MDL Order No. 77 at the time any motion to seal or motion to redact is filed. (Signed by Judge Jesse M. Furman on 8/1/2017) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 08/01/2017)
ORDER NO. 128 [Regarding New GM's Phase Two Bellwether Plan Category C Replacement Case Selections]: Upon review of the parties' joint letter dated July 17, 2017, and for good cause shown, the Court adopts a revised schedule for New GM's New Replacement Discovery Pool Category C Replacement Case selections as follows. By Monday, July 24, 2017, New GM shall select two cases that satisfy the Category C criteria ("Discovery Pool Category C Replacement Cases"). Fact discovery in the New GM Discovery Pool Category C Replacement Cases will commence on Monday, July 24, 2017 and will conclude no later than Friday, November 3, 2017. By 5:00 p.m. EDT on Friday, November 3, 2017, Lead Counsel will exercise one strike against a New GM Discovery Pool Category C Replacement Case. The remaining case will constitute the New GM Phase Two Category C Replacement Case Early Trial Candidate for Bellwether Trial No. 11 and will proceed to case-specific expert discovery as follows: Lead Counsel shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Monday, December 11, 2017. Lead Counsel shall present their expert witnesses for deposition on or before Friday, January 12, 2018. New GM shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Friday, January 19, 2018. New GM shall present its expert witnesses for deposition on or before Friday, February 12, 2018. Absent good cause, no rebuttal expert reports shall be permitted. Expert discovery for the Phase Two Category C Replacement Case Trial Candidate shall conclude by Friday, February 12, 2018. By Friday, January 26, 2018, the parties will meet and confer and submit a joint proposed order regarding deadlines for submitting any Daubert motions, dispositive motions, and motions in limine for Bellwether Trial No. 11. The New GM Phase Two Category C Replacement Case Trial Candidate shall be scheduled as MDL Bellwether Trial No. 11 from May 7, 2018-May 25, 2018. (Trial will not be held on May 21, 2018, as it is a Jewish holiday.) To the extent not modified herein, all deadlines in Order Nos. 107, 118, and 121 (and any other previous order modifying Order Nos. 107 and 118) remain in full force and effect, and as further set forth herein. (Signed by Judge Jesse M. Furman on 7/18/2017) ***As per chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) Modified on 7/21/2017 (ras). (Entered: 07/19/2017)
ORDER NO. 127 [Regarding the July 6, 2017 Status Conference]: A Status Conference will be held Tuesday, August 8, 2017, at 9:30 a.m. EDT in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The parties should continue their coordination efforts in Related Actions pursuant to Order No. 15 (Docket No. 315) and keep the Court apprised of emerging coordination issues through their joint letter updates (see Order No. 8 § V, Docket No. 249) or in separate letter updates, as circumstances require. Consistent with the Court's comments on the record at the Status Conference, by Thursday, July 13, 2017, the parties should submit a joint letter setting forth their positions with respect to whether additional briefing on New GM's motion for summary judgment on successor liability claims (Docket No. 3519) would be appropriate in light of any potential settlement of the plaintiffs' Late Claims Motion in the Bankruptcy Court. Additionally, consistent with Order No. 114 Section II (Docket No. 3431) and the Court's comments at the Status Conference, by no later than Friday, July 21, 2017, the parties should submit competing letter briefs (not to exceed ten single-spaced pages) with respect to the effect of (and how to proceed in light of) the Court's Opinion and Order Regarding New GM's Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint ("FACC") (Docket No. 4175). Consistent with the Court's comments on the record at the Status Conference, Order No. 123 Paragraph 1 (Docket No. 3902) is hereby modified such that the Dodson trial will commence on Thursday, November 2, 2017. All pretrial deadlines set forth in Order No. 123 remain in effect unless and until the Court orders otherwise. Consistent with the Court's comments on the record at the Status Conference, wherein the Court granted New GM's request for a replacement Category C Bellwether Trial Candidate (Docket No. 4166), the parties shall submit an agreed-upon proposed order by Thursday, July 13, 2017 regarding case selection, discovery, and other pretrial deadlines for the additional Category C cases. Consistent with the Court's comments on the record at the Status Conference, the parties will keep the Court apprised of developments regarding settlement. To that end, New GM should include in the parties' monthly related case update letters a report on the status of settlement similar to New GM's February 24, 2017 report. (See Docket No. 3726.) (And as further set forth in this order.) (Signed by Judge Jesse M. Furman on 7/12/2017) As per instructions from chambers, Filed In All Member Cases: 1:14-md-02543-JMF et al. (ras) Modified on 7/13/2017 (ras). (Entered: 07/12/2017)
ORDER NO. 126 - Regarding Common Benefit Order Fund Disbursement: IT IS ORDERED that the Common Benefit Order Funds shall be disbursed in the amounts set forth within. The Court will file and maintain the billing records submitted in connection with the present motion under seal. The Clerk of Court is directed to terminate Docket No. 4186. (Signed by Judge Jesse M. Furman on 7/12/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab) (Entered: 07/12/2017)
OPINION AND ORDER [Regarding New GM's Partial Motion To Dismiss the Fourth Amended Consolidated Class Action Complaint] re: (3577 in 1:14-md-02543-JMF) MOTION to Dismiss Claims of Certain Plaintiffs in the Fourth Amended Consolidated Complaint, filed by General Motors LLC. For the reasons stated below, New GM's motion to dismiss is GRANTED in part and DENIED in part. More specifically, it is GRANTED with respect to Plaintiffs' repleaded "brand devaluation" claims, but DENIED with respect to Plaintiff's lost-time-to repair claims. Additionally, it is GRANTED with respect to Plaintiffs who purchased their vehicles prior to New GM's inception or disposed of their vehicles prior to the recall announcement. And finally, New GM's motion to dismiss Plaintiffs' claims in Alabama, Illinois, Massachusetts, Michigan, New York, Pennsylvania, Texas, and Wisconsin is GRANTED in part and DENIED in part, depending on, among other things, whether each state's law allows claims in the absence of a manifested defect, requires a special trust relationship between the parties for a duty to disclose to arise, and permits plaintiffs to plead both contract claims and unjust enrichment claims. Ultimately, for the reasons that follow, most of Plaintiffs' consumer fraud, fraudulent concealment, and breach of implied warranty claims survive, while the bulk of Plaintiffs' unjust enrichment claims must be and are dismissed. As the Court indicated in the last round of motion practice, although this ruling addresses only some of the claims in the operative complaint, it should inform the parties with respect to the viability of other claims and, more generally, bear upon the further progress of the MDL. Pursuant to Order No. 114 (Docket No. 3431), no later than three weeks from the date of this Opinion and Order, the parties shall meet and confer and advise the Court of their views with respect to whether and how the Court's rulings apply to the thirty-five jurisdictions that have not been the subject of full briefing (the Court's sincere hope being that it will not have to repeat this exercise with respect to each and every one of the remaining jurisdictions). Any submissions should address a briefing schedule and process if either side believes that briefing or motion practice is appropriate. Further, to the extent the parties find it helpful, they should confer and submit a chart (or proposed order) summarizing the rulings in this Opinion and Order with respect to the named Plaintiffs' claims, to be so ordered by the Court. In those submissions, Plaintiffs should also indicate to the Court whether they intend to amend the FACC (as to any of the claims that were dismissed with leave to amend) and, if so, provide an outline of the proposed amendments and a proposed schedule. The Clerk of Court is directed to terminate Docket No. 3577, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 6/30/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 06/30/2017)
ORDER FOR ADMISSION PRO HAC VICE granting (4161) Motion for Lauren Akers to Appear Pro Hac Vice in case 1:14-md-02543-JMF; granting (367) Motion for Lauren Akers to Appear Pro Hac Vice in case 1:14-cv-08317-JMF. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 4161, and 14-CV-8317, Docket No. 367. (Signed by Judge Jesse M. Furman on 6/29/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 06/30/2017)
ORDER OF DISMISSAL: The claims of Plaintiffs on Exhibit 1 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 Plaintiffs on Exhibit 1 as Plaintiffs in this action and to terminate 14-MD-2543 Docket No. 4029, and as further set forth herein. Melissa Cave (individually and on behalf of all others similarly situated) terminated. Motions terminated: (4029 in 1:14-md-02543-JMF) MOTION to Dismiss Plaintiffs for Failure to Comply with Order No. 45, filed by General Motors LLC. (Signed by Judge Jesse M. Furman on 6/15/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ras) Modified on 6/19/2017 (ras). (Entered: 06/16/2017)
SCHEDULING ORDER: Upon reflection, to accommodate counsel who wish to listen to the MDL status conference through Court Call, the Court will conduct the MDL status conference first on July 6, 2017, beginning at 9:30 a.m., and then proceed to the final pretrial conference in Ward v. General Motors immediately after conclusion of the MDL status conference. SO ORDERED Status Conference set for 7/6/2017 at 09:30 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/24/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al.(ama) (Entered: 05/24/2017)
SCHEDULING ORDER: By previous Order, the Court scheduled the final pretrial conference and completion of the written jury questionnaires in Ward v. General Motors, 14-CV-8317, for June 29, 2017, at 9:00 a.m. (14-MD-2543, Order No. 120). Jury questionnaires will still be completed by prospective jurors on June 29, 2017, but the final pretrial conference is RESCHEDULED to July 6, 2017, at 9:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. In addition, the next MDL status conference will take place on July 6, 2017, immediately following the final pretrial conference for Ward. (Signed by Judge Jesse M. Furman on 5/23/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 05/24/2017)
MEMORANDUM OPINION AND ORDER: New GM's Motion in Limine 32, which seeks an across-the-board ruling categorically excluding certain evidence relating to Cobalt Vehicles, is DENIED. That denial, however, is without prejudice to renewal by New GM when the record is fully developed and without prejudice to New GM's objection, pursuant to the MDL's standard procedures, to specific evidence that a plaintiff seeks to offer from the evidence at issue here. The Clerk of Court is directed to terminate 14-MD-2543, Docket No. 3738, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 5/4/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ras) (Entered: 05/04/2017)
ORDER granting (3904) Letter Motion to Adjourn Conference in case 1:14-md-02543-JMF. The April 27, 2017 status conference is CANCELLED. The Court will issue an order in due course with respect to a new conference date. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) Filed In Associated Cases: 1:14-md-02543-JMF et al. (Furman, Jesse) (Entered: 04/25/2017)
SCHEDULING ORDER: IT IS HEREBY ORDERED that the status conference in this matter, previously scheduled for March 31, 2017, at 9:30 a.m., is RESCHEDULED to April 27, 2017, at 9:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall promptly update the MDL website accordingly. The Clerk of Court is directed to docket this order in 14-MD-2543, 14-MC-2543, and all member cases. Status Conference set for 4/27/2017 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/24/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al.(kgo) (Entered: 03/24/2017)
ORDER: On February 16, 2017, Defendants Stoneridge, Inc. and Stoneridge, Inc. d/b/a Pollack Engineered Products filed a response to a subpoena issued by Plaintiffs. Per this Court's Local Rules, discovery-related correspondence is not to be filed with the Court, see S.D.N.Y. Local Civil Rules 5.1 and 37.2, so the submission will be disregarded. The Clerk of Court is directed to docket this Order in 14-MD-2543 and all member cases. (Signed by Judge Jesse M. Furman on 2/21/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al.(kgo) (Entered: 02/21/2017)
RESPONSE to Discovery Request from Stoneridge.Document filed by Stoneridge, Inc..Associated Cases: 1:14-md-02543-JMF et al.(Ward, Ashley) (Entered: 02/16/2017)
COMMON BENEFIT ORDER FUND DISBURSEMENT ORDER granting (3640) Motion for Disbursement of Funds in case 1:14-md-02543-JMF. WHEREAS, Plaintiffs seek reimbursement of one hundred percent (100%) of the assessment payments that have been by made Executive Committee members and by Liaison Counsel, and seventy-five percent (75%) of the assessment payments that have been made by Co-Lead Counsel; WHEREAS, there are sufficient funds for these reimbursements in the Common Benefit Order Fund, NOW, THEREFORE, IT IS ORDERED that the Common Benefit Order Funds shall be disbursed in the amounts as forth herein. Co-Lead Counsel shall retain in their possession the documents submitted in support of the motion in case there is a need for further review in the future. Counsel are reminded that they must adhere to the terms of Order No. 13 (Docket No. 304), including the limitations on travel and the like. The Clerk of Court is directed to terminate Docket No. 3640. (Signed by Judge Jesse M. Furman on 2/3/2017) Filed In Associated Cases: 1:14-md-02543-JMF et al. (mro) Modified on 2/3/2017 (mro). (Entered: 02/03/2017)
LETTER addressed to Judge Jesse M. Furman from Andrew B. Bloomer, P.C. dated February 2, 2017 re: Service of Order No. 69. Document filed by General Motors L.L.C.. (Attachments: # 1 Exhibit 1)(Bloomer, Andrew) (Entered: 02/02/2017)
ORDER NO. 119 [Regarding Absent Class Member Discovery Related to Fourth Amended Consolidated Complaint]: The Court, having received and reviewed the parties' competing positions set forth in their November 16, 2016 and December 1, 2016 joint letters (Docket No. 3533, 3563), HEREBY ORDERS, ADJUDGES, and DECREES that Phase Three discovery of absent putative class members (members of the alleged classes that have not been named in the Fourth Amended Consolidated Complaint ("FACC")) shall proceed as set forth in this Order. (Signed by Judge Jesse M. Furman on 12/2/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al., as per Chambers. (mro) (Entered: 12/02/2016)
ORDER NO. 118 [Regarding the Amended Phase Two Bellwether Plan for Personal Injury and Wrongful Death Cases]: Order No. 107 set forth the schedule for the Phase Two Bellwether Plan for Personal Injury and Wrongful Death Cases based on claims arising out of alleged defects in vehicles manufactured by General Motors LLC ("New GM") or General Motors Corporation ("Old GM"). The Phase Two Bellwether Plan covers three categories of claims involving accidents occurring on or after July 11, 2009. (See Order No. 107, Docket No. 3081.) Dispositive motions for the Initial Limited Case Pool shall be filed on or before Friday, February 17, 2017. Dispositive motions shall be limited to the following issue: Does a disputed issue of material fact exist over whether an alleged inadvertent ignition switch rotation occurred in an accident where the air bags deployed during the accident? Oppositions to dispositive motions shall be filed on or before Monday, March 20, 2017. Any replies shall be filed on or before Monday, April 3, 2017. By Monday, January 9, 2017, Lead Counsel and counsel for New GM shall each submit letter briefs proposing the sequence of trials for MDL Bellwether Trials 7-9 and setting forth the parties' supporting rationales for their proposed sequences. The Court will then designate the sequence for trying these three Phase Two Early Trial Cases. Fact discovery and expert discovery for Lead Counsel's Discovery Pool Category C Replacement Cases shall proceed on a different schedule from New GM's Category C Discovery Pool Case selections. Fact discovery in the Discovery Pool Category C Replacement Cases will conclude no later than Friday, March 17, 2017. By 5:00 p.m. EDT on Monday, March 20, 2017, New GM will exercise one strike against a Discovery Pool Category C Replacement Case selected by Lead Counsel. The remaining case will constitute the Phase Two Category C Replacement Case Early Trial Candidate and will proceed to case-specific expert discovery as follows: (a) Lead Counsel shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Wednesday, April 26, 2017. (b) Lead Counsel shall present their expert witnesses for deposition on or before Friday, May 26, 2017. (c) New GM shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before Friday, June 2, 2017. (d) New GM shall present its expert witnesses for deposition on or before Monday, July 6, 2017. (e) Absent good cause, no rebuttal expert reports shall be permitted. (f) Expert discovery for the Phase Two Category C Replacement Case Trial Candidate shall conclude by Monday, July 6, 2017. The Phase Two Category C Replacement Case Trial Candidate shall be scheduled as MDL Bellwether Trial No. 10 from January 15, 2018-February 2, 2018 as set forth in Order No. 107 paragraph 13. To the extent not modified herein, all deadlines in Order No. 107 (and any other previous order modifying Order No. 107) remain in full force and effect. (As further set forth in this Order.) ( Brief due by 1/9/2017., Deposition due by 7/6/2017., Expert Discovery due by 7/6/2017., Fact Discovery due by 3/17/2017., Motions due by 2/17/2017., Responses due by 3/20/2017, Replies due by 4/3/2017.) (Signed by Judge Jesse M. Furman on 11/28/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al.(mro) Modified on 1/4/2017 (mro). (Entered: 11/28/2016)
ORDER NO 116 - Regarding the Agenda for the November 10, 2016 Status Conference: In addition to the agenda items set forth in the Court's November 7, 2016 Memo Endorsement, (Docket No. 3497), counsel should confer, as appropriate, with respect the following issues and/or questions and be prepared to address them at the November 10, 2016 Status Conference: (1) the status of the settlements between New GM and clients of Hilliard Munoz Gonzalez LLP and Thomas J. Henry Injury Attorneys (see Docket No. 1854), and any upcoming deadlines; (2) whether the Court should set a deadline for remand of any remaining cases falling within the scope of the Phase One Bellwether Plan and, if so, what the deadline should be and what procedures should govern remands; and (3) communications with, and discovery from, absent class members. As the Court will explain, it is inclined to allow New GM to pursue discovery from absent class members, but to limit and structure such discovery, either by capping the number of absent class members from whom New GM can take discovery or through some sort of statistical sampling. (Signed by Judge Jesse M. Furman on 11/9/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab) (Entered: 11/09/2016)
SCHEDULING ORDER: IT IS HEREBY ORDERED that the status conference in this matter, previously scheduled for November 10, 2016, at 3:30 p.m., is RESCHEDULED to for the same day at 9:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel shall promptly update the MDL website accordingly. The Clerk of Court is directed to docket this order in 14-MD-2543, 14-MC-2543, and all member cases. (Signed by Judge Jesse M. Furman on 11/4/2016) Filed In Associated Cases: 1:14-md-02543-JMF et al. (ab) (Entered: 11/04/2016)
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
Filed: 10/25/2016, Entered: 10/25/2016
Case Designated ECF. (sjo)
Filed: 10/25/2016, Entered: 10/25/2016
Magistrate Judge James L. Cott is so designated. (sjo)
Filed: 10/25/2016, Entered: 10/25/2016
CONSOLIDATED MDL CASE: Create association to 1:14-md-02543-JMF. (sjo)
Filed: 10/25/2016, Entered: 10/25/2016
CASE ACCEPTED AS RELATED. Create association to 1:14-md-02543-JMF. (sjo)
MDL TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:16-cv-09581. Original file certified copy of transfer order and docket entries received. (sjo) (Entered: 10/25/2016)
TRANSFERRED to the Southern District of New York the electronic record via email. (ph, ) [Transferred from Illinois Northern on 10/25/2016.] (Entered: 10/25/2016)
CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Southern District of New York. (ph, ) [Transferred from Illinois Northern on 10/25/2016.] (Entered: 10/25/2016)
CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Maria Valdez. (tm, ) [Transferred from Illinois Northern on 10/25/2016.]
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC re notice of removal, 1 (Bloomer, Andrew) [Transferred from Illinois Northern on 10/25/2016.] (Entered: 10/07/2016)
NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2016-L-008700) filed by General Motors LLC Filing fee $ 400, receipt number 0752-12445799. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bloomer, Andrew) [Transferred from Illinois Northern on 10/25/2016.] (Entered: 10/07/2016)
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