Garcia v. General Motors LLC

Filing 99

ORDER OF DISMISSAL... In light of Ms. Garcia's continued failure to submit a substantially complete PFS as required by Order No. 25, her claims are hereby DISMISSED without prejudice. Should Ms. Garcia submit all required documentation within t he next thirty days, or otherwise contest this dismissal, she may move to vacate the dismissal within 30 days of the date of this order, pursuant to Paragraph 25 of Order No. 25. The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 7813 an d 17-CV-5970, ECF No. 96. Because Ms. Garcia still has an opportunity to vacate her dismissal, the Clerk of Court is directed not to terminate Ms. Garcia or to close her case. SO ORDERED., Motions terminated: (96 in 1:17-cv-05970-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order Nos. 25 and 108. filed by General Motors L.L.C., (7813 in 1:14-md-02543-JMF) MOTION to Dismiss Without Prejudice for Failure to Submit Discovery Required by Order Nos. 25 and 108. filed by General Motors LLC. (Signed by Judge Jesse M. Furman on 4/7/20) Filed In Associated Cases: 1:14-md-02543-JMF, 1:17-cv-05970-JMF (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE:
14-MD-2543 (JMF)
GENERAL MOTORS LLC IGNITION SWITCH LITIGATION
This Document Relates To:
Garcia v. General Motors LLC, 17-CV-5970
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JESSE M. FURMAN, United States District Judge:

ORDER OF DISMISSAL

On March 19, 2020, New GM filed a motion to dismiss, without prejudice, the claims of
Plaintiff Sylvia Garcia, who had failed to submit substantially complete a plaintiff fact sheet
(“PFS”) as required by Order No. 25 (14-MD-2543, ECF No. 422). 14-MD-2543, ECF No.
7813. Pursuant to that Order, Ms. Garcia had fourteen days — until April 2, 2020 — to file a
response either certifying submission of a completed PFS or opposing New GM’s motion for
other reasons. Order No. 25. To date, Ms. Garcia has yet to file any opposition or certification
that she has submitted a complete PFS.
In light of Ms. Garcia’s continued failure to submit a substantially complete PFS as
required by Order No. 25, her claims are hereby DISMISSED without prejudice. Should Ms.
Garcia submit all required documentation within the next thirty days, or otherwise contest this
dismissal, she may move to vacate the dismissal within 30 days of the date of this order,
pursuant to Paragraph 25 of Order No. 25.

The Clerk of Court is directed to terminate 14-MD-2543, ECF No. 7813 and 17-CV5970, ECF No. 96. Because Ms. Garcia still has an opportunity to vacate her dismissal, the
Clerk of Court is directed not to terminate Ms. Garcia or to close her case.

SO ORDERED.
Dated: April 7, 2020
New York, New York

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JESSE M. FURMAN
United States District Judge