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08-078 - Marchetta v. General Motors Corporation et al


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08-078 - Marchetta v. General Motors Corporation et al
February 19, 2008
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MINUTE ENTRY for proceedings held on 11/7/07 before Judge John F Grady in the USDC-Illinois Case No. 1:07CV5362, regarding 16 Motion to Dismiss. Response to the motion due by 11/20/07. Reply due by 12/7/07. Said motion will be taken under advisement. (JAE, ) .
February 19, 2008
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MINUTE ENTRY for proceedings held on 11/28/07 before Judge John F. Grady, in USDC-Illinois Case No. 1:07CV5362. The Motion to Reassign Case 23 is granted. The Joint Motion to Extend Time 21 is granted. Plaintiff shall file response to defendants' motion to dismiss 16 by 11/30/07. Reply due by 12/21/07. (JAE, )
February 19, 2008
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ORDER, from USDC-Illinois Case No. 1:07CV5362, that the plaintiff shall file response to defendants' motion to dismiss 16 by 11/30/07. Defendant's reply brief is due by 12/21/07. Signed by Judge John f. Grady on 11/28/07. (JAE, )
February 19, 2008
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MINUTE ENTRY for proceedings held on 12/5/07 before Judge John F. Grady, in USDC-Illinois Case No. 1:07CV5362. The Joint Motion to Stay 27 all proceedings other than Defendants' Motion to Reassign Related Case Pursuant to Local Rule 40.4 is granted. Said case is stayed pending further order of court. Status hearing set for 2/20/08 at 10:30 a.m. (JAE, )
February 19, 2008
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TRANSFER ORDER from the Panel on Multidistrict Litigation - MDL No. 1920 dated 2/19/08 transferring USDC-Illinois, Case No. 1:07CV5362 to the District of Nebraska. (JAE, )
February 21, 2008
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CERTIFIED MDL TRANSFER ORDER from USDC-Northern District of Illinois, Case No. 1:07CV5362 that this case is transferred to the District of Nebraska per order of the MDL Panel. (Attachments: # (1) Transmittal Letter from USDC-Northern District of Illinois; # (2) Docket Sheet of Case Number 1:07CV5362, USDC-Northern District of Illinois). (JAE, )
March 7, 2008
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ORDER - A status conference hearing will be held on Friday, March 28, 2008 at 9:30 A.M. (Central Time). The court will make the arrangements for a conference call. Counsel who intend to participate shall so notify chambers at (402) 661-7340 by the close of business on Monday, March 24, 2008. All counsel should be prepared to establish a lead case, to discuss a discovery schedule, and the possible consolidation of the cases for discovery purposes. ( Status Conference set for 3/28/2008 at 09:30 AM before Magistrate Judge F. A. Gossett.) Ordered by Magistrate Judge F. A. Gossett. (JAE, )
March 17, 2008
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ORDER granting 58 Motion to Withdraw as Attorneys. The court will terminate the appearances of William A. Chittenden III and Matthew W. Gasaway. For purposes of these cases, William A. Chittenden III and Matthew W. Gasaway are excused from registering for admittance to practice and registering for the CM/ECF System in this district. Ordered by Magistrate Judge F. A. Gossett. (Copies mailed to moving counsel)(CLS, )
March 28, 2008
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CONSOLIDATION ORDER. The stay ordered on November 30, 2007 in Case No. 8:07CV298 is vacated. Cases Nos. 8:07CV298, 8:08CV78 and 8:08CV79 are consolidated for discovery, trial, and all other purposes. The cases will be tried to a jury in Omaha, Nebraska. Case No. 8:07CV298 is designated as the "Lead Case." Cases Nos. 8:08CV78 and 8:08CV79 are designated as the "Member Cases." Case caption amended. The parties are instructed to file all further documents (except those described in the Order) in the Lead Case, No. 8:07CV298. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
March 28, 2008
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SCHEDULING ORDER. Liaison Counsel and Co-Lead Counsel are appointed. Plaintiffs and other individuals shall file their Consolidated Amended Complaint no later than 5/12/2008. Briefing schedule set. The parties shall exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) within 14 days of the filing of plaintiffs' Consolidated Amended Complaint, but must receive permission from the court before conducting any other discovery. A telephonic status conference will be held on Thursday, 6/26/2008 at 11:00 a.m. (Central Daylight Time). The court will make the arrangements for the conference call. Counsel who intend to participate shall so notify chambers at (402) 661-7340 by the close of business on Monday, 6/23/2008.Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00078-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 2, 2008
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ORDER that the parties' Stipulation is granted, and the March 28, 2008 Scheduling Order is amended, as follows: plaintiffs and other individuals shall file their Consolidated Amended Complaint no later than June 11, 2008; defendants shall respond to the Consolidated Amended Complaint no later than July 11, 2008; any Opposition to any Motion to Dismiss shall be filed no later than August 11, 2008; defendants' reply brief in further support of any Motion to Dismiss shall be filed no later than September 10, 2008; the parties shall exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) within fourteen (14) days of the filing of Plaintiffs' Consolidated Amended Complaint, but must receive permission from the Court before conducting any other discovery; the telephonic status conference now set for June 26, 2008 is continued to Monday, July 28, 2008 at 10:00 a.m. (Central Daylight Time); the court will make the arrangements for the conference call. Counsel who intend to participate shall so notify chambers at (402) 661-7340 by the close of business on July 24, 2008. Ordered by Magistrate Judge F. A. Gossett. (CJP)
August 12, 2008
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ORDER approving (75) Stipulation for Extension of Time in case 8:07-cv-00298-LSC-FG3. The Plaintiffs shall file their response to the Defendants' Motion to Dismiss the Consolidated Amended Complaint 70 on or before August 25, 2008. The Defendants shall file any reply by September 22, 2008. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00078-LSC-FG3, 8:08-cv-00079-LSC-FG3Ordered by Judge Laurie Smith Camp. (JAE, )
September 9, 2008
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ORDER CERTIFYING QUESTION TO THE NORTH CAROLINA STATE SUPREME COURT - The United States District Court for the District of Nebraska certifies the following question of state law to the Supreme Court of North Carolina: Is a plaintiff's claim under the North Carolina Unfair and Deceptive TradePractices Act (NCUDTPA), N.C. Gen. Stat. ยง 75-1.1, et seq. barred byNorth Carolina's common law Economic Loss Rule when the plaintiff'sdamages are limited to the economic loss resulting from damage to theproduct itself? It appears to the Court that this issue of North Carolina state law may be determinative of this litigation, and there is no clear controlling North Carolina state law precedent. Furthermore, the issue presented for certification is likely to recur in the future if leftunresolved by the North Carolina Supreme Court. Because the decision regarding theapplication of North Carolina's Economic Loss Rule to recovery under the NCUDTPA directly affects the public interest in North Carolina, the issue is properly presented to the North Carolina Supreme Court for certification. Pending determination by the North Carolina Supreme Court as to whether or not it will accept for review the certified question, IT IS ORDERED: The clerk of this court is hereby directed to transmit forthwith to the North CarolinaState Supreme Court, under the official seal of the United States District Court for the District of Nebraska, a copy of this order. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00078-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(KBJ)
September 17, 2008
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ORDER - The Stipulation for Extension of Time (Filing No. 80 in 8:07cv298; Filing No. 86 in 8:08cv78; and Filing No. 75 in 8:08cv79) is approved and the relief requested therein is granted; and The Defendants shall file their reply in further support of the Motion to Dismiss the Consolidated Amended Complaint on or before September 26, 2008. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00078-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Judge Laurie Smith Camp. (KBJ)
September 26, 2008
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ORDER - Case No. 8:08cv78 is dismissed, without prejudice, the parties to bear their own costs; The Clerk is directed to remove the reference to case No. 8:08cv78 from the caption of the consolidated action, MDL NO. 1920; and The Clerk will send a copy of this order to the Multi-District Litigation Panel. Member Cases: 8:07-cv-00298-LSC-FG3, 8:08-cv-00078-LSC-FG3, 8:08-cv-00079-LSC-FG3. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(KBJ)