Atz v. General Motors LLC

Filing 334

ORDER OF DISMISSAL... In light of Ms. Bhandari's failure to file an amended and severed complaint by the deadline set in the April 6 Order, as extended, see ECF Nos. 8036, 8123, her claims are hereby DISMISSED without prejudice. Per Paragrap h 5 of the April 6 Order, should Ms. Bhandari file an amended and severed complaint, a Related Case Statement, and a filing fee within the next thirty days, her dismissal will be vacated. If Ms. Bhandari does not submit the requisite filings withi n the next thirty days, the dismissal may be converted to a dismissal with prejudice upon the filing of a Second Notice of Non-Compliance by New GM. See April 6 Order ¶ 5. In accordance with the April 6 Order, New GM shall serve a copy of this Order on Ms. Bhandari and file proof of such service. See id. New GM shall also serve Ms. Bhandari with a copy of the April 6 Order, ECF No. 7836; the Court's order of July 10, 2020, ECF No. 8036; and the Court's order of August 24, 2020 , ECF No. 8123; and shall file proof of such service no later than October 1, 2020. In light of the process set forth in the April 6 Order and above, the Clerk of Court should not terminate Ms. Bhandari as a party at this time. The Court will direct the Clerk of Court to do so if or when Ms. Bhandari's claims are dismissed with prejudice. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/30/20) 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 OF DISMISSAL

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 ECF No. 7836 (the “April 6 Order”).1 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 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. On

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Unless otherwise noted, all docket references are to 14-MD-2543.

August 24, 2020, “[i]n light of Ms. Bhandari’s [continued] apparent confusion over the
requirements of the April 6 Order and her pro se status,” the Court granted “Ms. Bhandari one
final extension to September 21, 2020.” ECF No. 8123, at 2. The Court noted that “[i]f 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.” Id.
To date, Ms. Bhandari has not filed an amended and severed complaint. On September
29, 2020, New GM filed another notice of non-compliance with the Court’s April 6 Order. See
ECF No. 8164.
In light of Ms. Bhandari’s failure to file an amended and severed complaint by the
deadline set in the April 6 Order, as extended, see ECF Nos. 8036, 8123, her claims are hereby
DISMISSED without prejudice. Per Paragraph 5 of the April 6 Order, should Ms. Bhandari file
an amended and severed complaint, a Related Case Statement, and a filing fee within the next
thirty days, her dismissal will be vacated. If Ms. Bhandari does not submit the requisite filings
within the next thirty days, the dismissal may be converted to a dismissal with prejudice upon
the filing of a Second Notice of Non-Compliance by New GM. See April 6 Order ¶ 5.
In accordance with the April 6 Order, New GM shall serve a copy of this Order on Ms.
Bhandari and file proof of such service. See id. New GM shall also serve Ms. Bhandari with a
copy of the April 6 Order, ECF No. 7836; the Court’s order of July 10, 2020, ECF No. 8036; and
the Court’s order of August 24, 2020, ECF No. 8123; and shall file proof of such service no
later than October 1, 2020.

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In light of the process set forth in the April 6 Order and above, the Clerk of Court should
not terminate Ms. Bhandari as a party at this time. The Court will direct the Clerk of Court to do
so if or when Ms. Bhandari’s claims are dismissed with prejudice.
SO ORDERED.
Dated: September 30, 2020
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

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