Smith v. General Motors LLC

Filing 128

ORDER OF DISMISSAL... In light of Smiths continued failure to submit substantially complete PFSs or document productions as required by Order No. 25, Order No. 108, and Order No. 148, Smith's claims are hereby DISMISSED without prejudice. Sho uld Plaintiff Smith submit all required documentation within the next thirty days, or otherwise contest this dismissal, he may move to vacate the dismissal within 30 days of the date of this order, pursuant to Paragraph 25 of Order No. 25. In any motion to vacate this dismissal, Smith shall also show cause why his claims are not barred by Florida's statute of repose and/or why New GM's notice to the effect that they are should not be treated as unopposed. The Clerk of Court is dir ected to terminate 14-MD-2543, ECF No. 8295 and 16-CV-7335, ECF No. 121. Because Plaintiff Smith still has an opportunity to vacate his dismissal, the Clerk of Court is directed not to terminate Kenneth Smith or to close his case at this time. SO O RDERED., Motions terminated: (121 in 1:16-cv-07335-JMF) MOTION to Dismiss Without Prejudice Plaintiffs Timothy Postley and Kenneth Smith for Plaintiff Fact Sheet and Order Nos. 108 and 148 Production Deficiencies. filed by General Moto rs L.L.C., (8295 in 1:14-md-02543-JMF) MOTION to Dismiss Without Prejudice Plaintiffs Timothy Postley and Kenneth Smith for Plaintiff Fact Sheet and Order Nos. 108 and 148 Production Deficiencies. filed by General Motors LLC. (Signed by Judge Jesse M. Furman on 1/11/21) Filed In Associated Cases: 1:14-md-02543-JMF, 1:16-cv-07335-JMF (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------------------x
IN RE:
14-MD-2543 (JMF)
GENERAL MOTORS LLC IGNITION SWITCH LITIGATION
This Document Relates To:
Smith v. General Motors LLC, 16-CV-7335
-----------------------------------------------------------------------------x

ORDER OF DISMISSAL

JESSE M. FURMAN, United States District Judge:
On November 6, 2020, New GM filed a notice identifying Plaintiff Kenneth Smith as
having allegedly failed to submit substantially complete plaintiff fact sheets (“PFSs”) or
document productions as required by Order No. 25, ECF No. 422; Order No. 108, ECF No.
3115; and Order No. 148, ECF No. 5366. See ECF No. 8237.1 Pursuant to Order No. 173, ECF
No. 8094, Smith had fourteen days — that is, until November 20, 2020 — to cure any defects.
On December 14, 2020, following a meet-and-confer and the expiration of an extension the
parties had agreed to, New GM moved to dismiss Smith’s claims without prejudice for ongoing
discovery deficiencies. See ECF No. 8295. On January 4, 2021, New GM filed a reply in
support of their motion reiterating that Smith had not provided additional discovery materials
since the identification of his deficiencies. ECF No. 8317. To date, Smith has not otherwise
responded to New GM’s identification of his discovery deficiencies.
Meanwhile, on December 7, 2020, New GM filed a notice identifying Smith’s claims as
barred by Florida’s statute of repose. ECF No. 8291. To date, Smith has not responded to New
GM’s identification of his claims as barred by the statute of repose.

1

All docket references are to 14-MD-2543 unless otherwise noted.

Accordingly, in light of Smith’s continued failure to submit substantially complete PFSs
or document productions as required by Order No. 25, Order No. 108, and Order No. 148,
Smith’s claims are hereby DISMISSED without prejudice. Should Plaintiff Smith submit all
required documentation within the next thirty days, or otherwise contest this dismissal, he may
move to vacate the dismissal within 30 days of the date of this order, pursuant to Paragraph 25
of Order No. 25. In any motion to vacate this dismissal, Smith shall also show cause why his
claims are not barred by Florida’s statute of repose and/or why New GM’s notice to the
effect that they are should not be treated as unopposed.
The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8295 and 16-CV7335, ECF No. 121.
Because Plaintiff Smith still has an opportunity to vacate his dismissal, the Clerk of
Court is directed not to terminate Kenneth Smith or to close his case at this time.
SO ORDERED.
Dated: January 11, 2021
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

2