Garcia v. General Motors LLC

Filing 137

ORDER denying without prejudice (8062) Motion to Dismiss in case 1:14-md-02543-JMF; denying without prejudice (126) Motion to Dismiss in case 1:17-cv-05970-JMF-JLC. In keeping with Judge Cott's instruction to consolidate motion practice as t o discovery deficiencies for both Ms. Garcia in her individual capacity, and her son, A.G., see ECF Nos. 8089, 8108-2, the Motion is DENIED without prejudice. Per Judge Cott's order, Ms. Garcia "has until September 4, 2020 to provide eit her the missing information identified on the record to New GM, or alternatively to seek further relief from the Court, including requesting another conference." ECF No. 8089. If A.G. fails to provide either the medical records identified on the record at the August 6, 2020 hearing before Judge Cott, see ECF No. 8108-2, or an amended PFS by that date, New GM may renew the Motion. In light of New GM's success in reaching Ms. Garcia via telephone on August 13, 2020, see ECF No. 810 1, at 2-3, New GM is further ORDERED, to the extent possible, to confer via telephone with Ms. Garcia prior to September 4, 2020, to address the remaining discovery deficiencies pertaining to both Ms. Garcia, and her son, A.G. The Clerk of Court i s directed to terminate 14-MD-2543, ECF No. 8062 and 17-CV-5970, ECF No. 126. New GM is directed to serve a copy of this Order on Ms. Garcia and to file proof of such service within two days. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/17/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:17-cv-05970-JMF-JLC (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:
Garcia v. General Motors LLC, 17-CV-5970
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ORDER

JESSE M. FURMAN, United States District Judge:
On July 24, 2020, New GM filed a Motion to Dismiss Without Prejudice (“Motion”) the
claims of minor A.G., represented by next friend and pro se plaintiff Sylvia Garcia, for failure to
submit a substantially complete Plaintiff Fact Sheet (“PFS”) and documents required under
Order No. 108. See ECF No. 8062.1 In keeping with Judge Cott’s instruction to consolidate
motion practice as to discovery deficiencies for both Ms. Garcia in her individual capacity, and
her son, A.G., see ECF Nos. 8089, 8108-2, the Motion is DENIED without prejudice. Per Judge
Cott’s order, Ms. Garcia “has until September 4, 2020 to provide either the missing information
identified on the record to New GM, or alternatively to seek further relief from the Court,
including requesting another conference.” ECF No. 8089. If A.G. fails to provide either the
medical records identified on the record at the August 6, 2020 hearing before Judge Cott, see
ECF No. 8108-2, or an amended PFS by that date, New GM may renew the Motion.
In light of New GM’s success in reaching Ms. Garcia via telephone on August 13, 2020,
see ECF No. 8101, at 2-3, New GM is further ORDERED, to the extent possible, to confer via
telephone with Ms. Garcia prior to September 4, 2020, to address the remaining discovery
deficiencies pertaining to both Ms. Garcia, and her son, A.G.

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

The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 8062 and 17-CV5970, ECF No. 126. New GM is directed to serve a copy of this Order on Ms. Garcia and to file
proof of such service within two days.

SO ORDERED.
Dated: August 17, 2020
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

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