Atz v. General Motors LLC

Filing 330

ORDER, The Court just received the letter attached as Exhibit A, dated August 1, 2020, from Ms. Bhandari. In her letter, Ms. Bhandari notes that "I will start looking back into the case and finding a new attorney once I get [a COVID-19] vac cination." If Ms. Bhandari wishes to pursue this case, she cannot defer the filing of an amended and severed complaint until the distribution of a COVID-19 vaccine, as that date is uncertain and may be months, if not years, in the future. In light of Ms. Bhandari's apparent confusion over the requirements of the April 6 Order and her pro se status, however, the Court will grant Ms. Bhandari one final extension to September 21, 2020. If Ms. Bhandari fails to file an amended and se vered complaint and to pay any associated filing fee by that date, New GM may file another notice that will result in Ms. Bhandari's dismissal without prejudice. To the extent that Ms. Bhandari's letter includes a "Petition for... tra nsfer of case to Eastern Federal Court of Philadelphia," the Court construes that request as a motion to remand he case to the U.S. District Court for the Eastern District of Pennsylvania. Ms. Bhandari provides no basis for that request, whic h is hereby DENIED. As a pro se litigant, Ms. Bhandari should send all communications by mail to the Pro Se Intake Unit, 40 Centre Street, Room 105, New York, NY 10007. New GM shall serve Ms. Bhandari with a copy of this order; the April 6 Order, ECF No. 7836; and the Court's order of July 10, 2020, ECF No. 8036, and shall file proof of such service no later than August 26, 2020. SO ORDERED. ( Amended Pleadings due by 9/21/2020.) (Signed by Judge Jesse M. Furman on 8/24/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-05222-JMF (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE:
GENERAL MOTORS LLC IGNITION SWITCH LITIGATION

14-MD-2543

This Document Relates To:
Atz v. General Motors LLC, 15-CV-5222
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ORDER

JESSE M. FURMAN, United States District Judge:
On April 6, 2020, the Court granted the motion by Bailey Cowan Heckamann PLLC and
Pulaski Law Firm, PLLC (the “Firms”) to withdraw from their representation of Sunita
Bhandari. See 14-MD-2543, ECF No. 7836 (the “April 6 Order”). Pursuant to the April 6
Order, Ms. Bhandari had ninety days — until July 6, 2020 — to file, in the form of a new
lawsuit, an amended and severed complaint as well as a Related Case Statement in the United
States District Court for the Southern District of New York, and to pay any filing fee associated
with filing a complaint pursuant to 28 U.S.C. § 1914(a). Id. ¶ 3. On July 9, 2020, pursuant to
Paragraph 5 of the April 6 Order, New GM filed a First Notice of Non-Compliance pertaining to
Ms. Bhandari’s failure to comply with the April 6 Order and requested that the Court dismiss her
claims without prejudice. See 14- MD-2543, ECF No. 8033.
On July 10, 2020, the Court extended Ms. Bhandari’s deadline to file an amended and
severed complaint and to pay any filing fee associated with filing a complaint pursuant to 28
U.S.C. § 1914(a), to August 9, 2020, in light of an apparent misunderstanding over whether Ms.
Bhandari had the documents she needed; her apparent intent to continue pursuing her claims; and
out of an abundance of caution, mindful of Ms. Bhandari’s pro se status. See ECF No. 8036. To

date, Ms. Bhandari has not filed an amended and severed complaint, and New GM has not filed
another notice of non-compliance.
The Court just received the letter attached as Exhibit A, dated August 1, 2020, from Ms.
Bhandari. In it, she notes that she “do[es]n’t remember what has been take care and what needs
to be provided.” As the Court noted in the April 6 Order, in order to continue to pursue her
claims against New GM, Ms. Bhandari must (1) 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;
(2) pay any filing fee associated with filing a complaint pursuant to 28 U.S.C. § 1914(a); and
(3) in conjunction with any amended and severed complaint, file a Related Case Statement,
available at www.nysd.uscourts.gov/forms.php, identifying the new lawsuit as related to these
proceedings (In re General Motors Ignition Switch Litigation, 14-MD-2543 (JMF)).
In her letter, Ms. Bhandari notes that “I will start looking back into the case and finding a
new attorney once I get [a COVID-19] vaccination.” If Ms. Bhandari wishes to pursue this case,
she cannot defer the filing of an amended and severed complaint until the distribution of a
COVID-19 vaccine, as that date is uncertain and may be months, if not years, in the future. In
light of Ms. Bhandari’s apparent confusion over the requirements of the April 6 Order and her
pro se status, however, the Court will grant Ms. Bhandari one final extension to September 21,
2020. If Ms. Bhandari fails to file an amended and severed complaint and to pay any associated
filing fee by that date, New GM may file another notice that will result in Ms. Bhandari’s
dismissal without prejudice.
To the extent that Ms. Bhandari’s letter includes a “Petition for . . . transfer of case to
Eastern Federal Court of Philadelphia,” the Court construes that request as a motion to remand

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EXHIBIT A

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