Bledsoe et al v. FCA US LLC et al

Filing 249

CASE MANAGEMENT ORDER Regarding Matters Discussed at the July 6, 2022 Status Conference. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
4:16-CV-14024-TGB-RSW

JAMES BLEDSOE, et al.,
individually and on behalf of all
others similarly situated,

CASE MANAGEMENT
ORDER REGARDING
MATTERS DISCUSSED AT
THE JULY 6, 2022 STATUS
CONFERENCE

Plaintiffs,
vs.
FCA US LLC, a Delaware
corporation, and
CUMMINS INC., an Indiana
corporation,
Defendants.

At a status conference held using Zoom teleconferencing
technology on July 6, 2022, the Court convened all parties to discuss
scheduling and other matters. As stated during the status conference,
the Court now orders as follows:
Amended Complaint
In its March 31, 2022 Order, this Court dismissed five named
plaintiffs against FCA because their claims were barred by a
superseding

bankruptcy

court

sale

order.

ECF

No.

215.

In

supplemental briefing directed by the Court, Plaintiffs have asked for
leave to amend to add replacements for these named plaintiffs. ECF
1

No. 238. In the interest of fairness and justice, the Court will permit
Plaintiffs

to

amend

their

complaint

to

propose

new

class

representatives to replace the dismissed plaintiffs, for its state law
claims in California, Idaho, South Carolina, Michigan, and Texas
(“dismissed states”) against FCA only. Plaintiffs will file their amended
complaint on or before July 20, 2022, in accordance with the guidelines
discussed on the record at the status conference.
Plaintiffs’ amended complaint is limited to adding new Plaintiffs
who are advancing the same state law claims and theories of liability
against FCA as those who were dismissed. Consequently, no additional
motions to dismiss will be filed regarding the amended complaint.
Discovery
Parties are entitled to limited discovery with respect to new
Plaintiffs for a period of 60 days. In an effort to expedite discovery,
Plaintiffs will provide full disclosures regarding new named Plaintiffs to
the extent possible by, or on July 20, 2022. The period of additional
discovery regarding the new plaintiffs closes on September 20, 2022.
Schedule Regarding Pending Motions
Plaintiffs’ Motion for Class Certification
Because the class representatives will be different in the amended
Complaint, Plaintiffs are directed to withdraw the pending motions for
class certification (ECF Nos. 183, 184). Plaintiff’s will file a new motion
for class certification. Although during the status conference the Court
2

proposed having the renewed motion for class certification filed within
60 days of the date that the amended complaint is filed, the Court
believes it would be more efficient and better for case management to
delay the date of the filing of the renewed motion for class certification
until 30 days after the Court issues its order resolving the pending
motions for summary judgment. ECF Nos. 218, 221.
Defendants’ Motions for Summary Judgment
The Court will rule on Defendants’ pending motions for summary
judgment, (ECF Nos. 218, 221), before addressing the issue of class
certification. Oral argument for motions for summary judgment is
scheduled for August 31, 2022 at 10 a.m. in person.
If information is gathered during the discovery period concerning
the new Plaintiffs that support additional grounds pertaining to
Defendants’ summary judgment arguments, Defendants may submit
supplemental briefing addressing those grounds within 14 days following
oral argument, or by September 14, 2022. In such supplemental
briefing, Defendants may also address any legal grounds addressing the
validity of the claims of the new plaintiffs.
Motions Regarding Expert Testimony
Daubert Motions (ECF Nos. 192, 194, 203, 217, 219) will be decided
without oral argument. If not decided in advance of the oral argument on
the summary judgment motions, the parties may address the impact they
3

believe their arguments on the admissibility of expert testimony have on
the question of summary judgment.
Appointment of Special Master
The Court intends to appoint a special master pursuant to Fed. R.
Civ. P. 53 to handle certain matters in this litigation. Rule 53(a)(1)(C)
permits the Court to appoint a special master to “address pretrial and
posttrial matters that cannot be effectively and timely addressed by an
available district judge or magistrate judge of the district.”
The special master will handle the following areas of the litigation:
1. Assisting the Court and the parties in case management
issues;
2. Reviewing

motions

and

submitting

reports

and

recommendations;
3. Communicating with the parties to foster efficient case
management;
4. Discovery matters as needed;
5. Mediation and settlement as needed.
6. Other duties as will be specified in subsequent orders.
Pursuant to Rule 53(b)(1), the Court announced its intention to
appoint Attorney Todd Mendel of Barris, Sott, Denn & Driker, P.L.L.C.
as a special master in this litigation. Any party to this litigation with
alternative suggestions for a special master, potential reasons for Mr.
4

Mendel’s disqualification, or other objections must file a written objection
setting forth the basis and supporting facts within seven (7) days of this
Order.
Upcoming Dates
1. Plaintiffs’ Third Consolidated Amended Complaint to add new class
representatives is due July 20, 2022.
2. Oral argument for motions for summary judgment will be held on

August 31, 2022 at 10 A.M.
3. Plaintiffs’ Amended Motion for Certification will be due within 30
days after the date that the Court decides the summary judgment
motions. Defendants’ briefs and Plaintiffs’ responses due in
accordance with L.R. 7.1.
4. Defendants’ supplemental briefing for motions for summary
judgment are due September 14, 2022. Plaintiffs’ responses are
due in accordance with L.R. 7.1.

IT IS SO ORDERED.
Dated: July 11, 2022

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

5