General Motors Federal District Court Decisions

EVINER v. YOKETING ENG et al

Filed: July 29, 2015 as 1:2013cv06940
Court: New York Eastern District Court
Cross Claimant: Citibank N.A., Citigroup Inc, Anna Eng, The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA, The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon, Visteon Corporation
Cross Defendant: Citibank N.A., Anna Eng, Trinh Eng, Yoketing Eng
Defendant: Altria Group, Inc., American Express Company, Inc., Ameriprise Financial Inc., Bank Of America, Bny Mellon Bank, Na, Mr. Borden, Borden, Inc.,, Chrysler Corporation, Citibank N.A., Citigroup Inc, Computershare Inc., Daimler Chrysler Corporation, Delphi Corporation, Dreyfus Funds, E.I. Dupont De Nemours, Inc., Anna Eng, Trinh Eng, Ford Motor Company Inc., GLAXO SMITH KLINE, plc, General Motors Corporation, Glaxo Smith Kline, Glaxo Smith Kline Services, JP Morgan Chase Bank N.A., Kraft Foods Inc., Lehman Brothers Inc., Phillip Morris International, Inc., Raytheon Corp., Reynolds American Inc., The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA, The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon, The Dreyfus Fund Incorporated, incorrectly identified as Dreyfus Funds, Travelers Insurance Company, Inc. and others
Plaintiff: Christina Eng Eviner
Nature of Suit: Other Fraud

ORDER denying Motion for Summary Judgment submitted by defendant Anna Eng for the reasons set out in the accompanying memorandum and order. Ordered by Judge Edward R. Korman on 7/29/2015. (Diaconis, Ari)

EVINER v. YOKETING ENG et al

Filed: July 29, 2015 as 1:2013cv06940
Court: New York Eastern District Court
Cross Claimant: Citibank N.A., Citigroup Inc, Anna Eng, The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA, The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon, Visteon Corporation
Cross Defendant: Citibank N.A., Anna Eng, Trinh Eng, Yoketing Eng
Defendant: Altria Group, Inc., American Express Company, Inc., Ameriprise Financial Inc., Bank Of America, Bny Mellon Bank, Na, Mr. Borden, Borden, Inc.,, Chrysler Corporation, Citibank N.A., Citigroup Inc, Computershare Inc., Daimler Chrysler Corporation, Delphi Corporation, Dreyfus Funds, E.I. Dupont De Nemours, Inc., Anna Eng, Trinh Eng, Ford Motor Company Inc., GLAXO SMITH KLINE, plc, General Motors Corporation, Glaxo Smith Kline, Glaxo Smith Kline Services, JP Morgan Chase Bank N.A., Kraft Foods Inc., Lehman Brothers Inc., Phillip Morris International, Inc., Raytheon Corp., Reynolds American Inc., The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA, The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon, The Dreyfus Fund Incorporated, incorrectly identified as Dreyfus Funds, Travelers Insurance Company, Inc. and others
Plaintiff: Christina Eng Eviner
Nature of Suit: Other Fraud

ORDER denying without prejudice to renew Motion for Summary Judgment submitted by Christina Eviner for the reasons set out in the accompanying memorandum and order. Ordered by Judge Edward R. Korman on 7/29/2015. (Diaconis, Ari)

EVINER v. YOKETING ENG et al

Filed: July 29, 2015 as 1:2013cv06940
Court: New York Eastern District Court
Cross Claimant: Citibank N.A., Citigroup Inc, Anna Eng, The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA, The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon, Visteon Corporation
Cross Defendant: Citibank N.A., Anna Eng, Trinh Eng, Yoketing Eng
Defendant: Altria Group, Inc., American Express Company, Inc., Ameriprise Financial Inc., Bank Of America, Bny Mellon Bank, Na, Mr. Borden, Borden, Inc.,, Chrysler Corporation, Citibank N.A., Citigroup Inc, Computershare Inc., Daimler Chrysler Corporation, Delphi Corporation, Dreyfus Funds, E.I. Dupont De Nemours, Inc., Anna Eng, Trinh Eng, Ford Motor Company Inc., GLAXO SMITH KLINE, plc, General Motors Corporation, Glaxo Smith Kline, Glaxo Smith Kline Services, JP Morgan Chase Bank N.A., Kraft Foods Inc., Lehman Brothers Inc., Phillip Morris International, Inc., Raytheon Corp., Reynolds American Inc., The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA, The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon, The Dreyfus Fund Incorporated, incorrectly identified as Dreyfus Funds, Travelers Insurance Company, Inc. and others
Plaintiff: Christina Eng Eviner
Nature of Suit: Other Fraud

ORDER denying as premature without prejudice to renew Motion for Summary Judgment submitted by the Bank defendants for the reasons set out in the accompanying memorandum and order. Ordered by Judge Edward R. Korman on 7/29/2015. (Diaconis, Ari)

EVINER v. YOKETING ENG et al

Filed: July 20, 2015 as 1:2013cv06940
Court: New York Eastern District Court
Cross Claimant: Citibank N.A., Citigroup Inc, Anna Eng, The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA, The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon, Visteon Corporation
Cross Defendant: Citibank N.A., Anna Eng, Trinh Eng, Yoketing Eng
Defendant: Altria Group, Inc., American Express Company, Inc., Ameriprise Financial Inc., Bank Of America, Bny Mellon Bank, Na, Mr. Borden, Borden, Inc.,, Chrysler Corporation, Citibank N.A., Citigroup Inc, Computershare Inc., Daimler Chrysler Corporation, Delphi Corporation, Dreyfus Funds, E.I. Dupont De Nemours, Inc., Anna Eng, Trinh Eng, Ford Motor Company Inc., GLAXO SMITH KLINE, plc, General Motors Corporation, Glaxo Smith Kline, Glaxo Smith Kline Services, JP Morgan Chase Bank N.A., Kraft Foods Inc., Lehman Brothers Inc., Phillip Morris International, Inc., Raytheon Corp., Reynolds American Inc., The Bank of New York Mellon, incorrectly identified as BNY Mellon Bank, NA, The Bank of New York Mellon, incorrectly identified as The Bank of New York/Mellon, The Dreyfus Fund Incorporated, incorrectly identified as Dreyfus Funds, Travelers Insurance Company, Inc. and others
Plaintiff: Christina Eng Eviner
Nature of Suit: Other Fraud

ORDER rejecting defendants Yoketing and Trinh Eng's Rule 72(a) Objections for the reasons set forth in the attached memorandum and order. Ordered by Judge Edward R. Korman on 7/20/2015. (Diaconis, Ari)

Terrell v. General Motors, LLC et al

Filed: June 30, 2015 as 4:2015cv01249
Court: Ohio Northern District Court
Defendant: General Motors, LLC, Lear Corporation EEDS and Interiors, Anthony J. Italiano
Plaintiff: Don M. Terrell

Memorandum of Opinion and Order For the reasons set forth herein, the Court lacks subject-matter jurisdiction over the matter. The case is remanded to the Mahoning County, Ohio Court of Common Pleas forthwith. Judge Benita Y. Pearson on 6/30/2015. (JLG)

Stidham v. Stidham et al

Filed: June 17, 2015 as 1:2015cv00040
Court: New York Southern District Court
Defendant: Emily Stidham, General Motors L.L.C.
Plaintiff: Larry David Stidham
Nature of Suit: Personal Injury- Product Liability

MEMORANDUM OPINION AND ORDER re: (767 in 1:14-md-02543-JMF) SECOND MOTION to Remand (RENEWED) filed by Larry David Stidham: for the reasons stated above, Plaintiff's motion to remand is GRANTED, but his request for attorney' s fees and costs is DENIED. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 767; to remand this case to the Circuit Court for Leslie County, Commonwealth of Kentucky, for further proceedings; and to close 15-CV-0040, and as…

Mazzocchi v. General Motors LLC et al

Filed: June 10, 2015 as 7:2014cv02714
Court: New York Southern District Court
Defendant: General Motors LLC, General Motors Holding, LLC, Delphi Automotive PLC, DPH-DAS LLC
Plaintiff: Marie Mazzocchi
Nature of Suit: Other Fraud

OPINION AND ORDER: In complex, multidistrict litigation of this sort, courts must grapple with - indeed, juggle a host of challenges and considerations. Among the most important of those challenges and considerations is striking the right balance between, on the one hand, protecting and preserving the rights and interests of individual litigants while, on the other hand, ensuring that such solicitude does not undermine the central purpose of MDL consolidation - namely, promoting…

In re: General Motors LLC Ignition Switch Litigation

Filed: June 10, 2015 as 1:2014mc02543
Court: New York Southern District Court
Defendant: GM Ignition Switch MDL Defendants
Plaintiff: GM Ignition Switch MDL Plaintiffs, Austin DePalma, Jomaka Coleman
Nature of Suit: Other

OPINION AND ORDER: In complex, multidistrict litigation of this sort, courts must grapple with - indeed, juggle a host of challenges and considerations. Among the most important of those challenges and considerations is striking the right balance bet ween, on the one hand, protecting and preserving the rights and interests of individual litigants while, on the other hand, ensuring that such solicitude does not undermine the central purpose of MDL consolidation - namely, promoting…

State Farm Fire and Casualty Co. et al v. General Motors LLC

Filed: June 10, 2015 as 3:2015cv00626
Court: Illinois Southern District Court
Defendant: General Motors LLC
Plaintiff: State Farm Fire and Casualty Co., State Farm Mutual Automobile Insurance Co.
Nature of Suit: Property Damage Product Liability

JURISDICTIONAL ORDER: Plaintiffs are ORDERED to file a first amended complaint, on or before July 1, 2015, clearly setting forth all of the information needed to determine whether jurisdiction lies in this Court. See attached order for specifics. Signed by Judge Nancy J. Rosenstengel on 6/10/15. (klh2)

Gambill et al v. General Motors, LLC

Filed: May 6, 2015 as 1:2015cv02035
Court: New York Southern District Court
Defendant: General Motors L.L.C.
Plaintiff: Courtney Gambill, Shelia Gambill
Nature of Suit: Personal Injury- Product Liability

MEMORANDUM OPINION AND ORDER: Accordingly, and for the foregoing reasons, Plaintiffs' motion to remand is DENIED. The Clerk of Court is directed to terminate 14-MD-2543 Docket No. 775 and 15-CV-2035 Docket No. 26. (Signed by Judge Jesse M. Furman on 5/5/2015) Filed In Associated Cases: 1:14-md-02543-JMF, 1:15-cv-02035-JMF(tn)

Plaintiff v. Defendant

Filed: May 1, 2015 as 2:2013cv14243
Court: Michigan Eastern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant and others
Nature of Suit: Labor/Management Relations

OPINION AND ORDER Granting Defendants' 21 and 22 Motions for Summary Judgment. Signed by District Judge Matthew F. Leitman. (Monda, H)

Miller v. Cottrell, Inc. et al

Filed: April 29, 2015 as 4:2015cv00577
Court: Missouri Eastern District Court
Defendant: Cottrell, Inc., Auto Handling Corporation, General Motors Company, General Motors LLC
Plaintiff: Norman Miller
Nature of Suit: Tort Product Liability

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant shall show cause in writing, no later than May 8, 2015, that this Court has subject matter jurisdiction over this action by providing sufficient support for its argument that this Court sho uld disregard the citizenship of Auto Handling Corporation based on the doctrine of fraudulent joinder, and/or demonstrating that there is federal question jurisdiction over this action. Plaintiff may file any opposition to …

Plaintiff v. Defendant

Filed: April 22, 2015 as 7:2014cv00777
Court: New York Northern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Employee Retirement Income Security Act of 1974

MEMORANDUM-DECISION AND ORDER denying 24 Motion for Summary Judgment; granting 25 Motion for Summary Judgment: The Court hereby ORDERS that Defendants' motion for summary judgment is GRANTED; and the Courtfurther ORDERS that Plaintiff' ;s motion for summary judgment is DENIED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' favor and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a…

Perez v. General Motors LLC et al

Filed: April 21, 2015 as 1:2015cv00240
Court: New York Northern District Court
Defendant: General Motors LLC, General Motors Holding, LLC, Delphi Automotive PLC, DPH-DAS, LLC, Goldstein Chrysler Jeep, Inc., Jack Wallace, The City of Albany, Albany Housing Authority
Plaintiff: Gladys Perez
Nature of Suit: Other Civil Rights

ORDER adopting the # 4 Report and Recommendations, it is Ordered that the following claims are DISMISSED with prejudice and without leave to amend, 1) all claims against defendant Wallace in his official capacity, 2) all claims against defendant A lbany Housing Authority, 3) all claims against Defendant City of Albany EXCEPT (1) Plaintiffs claims of unreasonable search and seizure, false arrest and excessive force under the Fourth Amendmentagainst Defendant City of Albany. It is…

Brightbill et al v. General Motors Corporation et al

Filed: April 14, 2015 as 3:2015cv00741
Court: California Northern District Court
Defendant: General Motors Corporation, Takata Corp.
Plaintiff: Joel Brightbill, Patricia Payeur
Nature of Suit: Motor Vehicle Product Liability

CONDITIONAL ORDER TRANSFERRING CASE.To the Southern District of Florida. IN RE: TAKATA AIRBAG PRODUCTS LIABILITY LITIGATION. MDL No. 2599. Signed by Jeffery N. Luthi, Clerk of the Panel on 04/13/15. (Attachments: # 1 MDL Cover Letter)(aaa, COURT STAFF) (Filed on 4/14/2015)

Phoenix Licensing, L.L.C. et al v. General Motors Company

Filed: March 30, 2015 as 2:2013cv01093
Court: Texas Eastern District Court
Defendant: General Motors LLC
Plaintiff: Phoenix Licensing, L.L.C., LPL Licensing, L.L.C.
Nature of Suit: Patent

MEMORANDUM ORDER - Denying 18 Motion to Transfer Venue. Signed by Magistrate Judge Roy S. Payne on 3/29/2015. (ch, )

Brazell v. General Motors LLC

Filed: March 30, 2015 as 6:2014cv04588
Court: South Carolina District Court
Defendant: General Motors LLC
Plaintiff: Brenda R Brazell
Nature of Suit: Motor Vehicle Product Liability

ORDER granting 7 Motion to Remand. This action is remanded to the Court of Common Pleas for Greenville County. Plaintiff's pending motions (ECF Nos. 22 and 28) are denied as moot. Signed by Honorable Timothy M Cain on 3/30/2015.(abuc)

Wood et al v. General Motors Corporation et al

Filed: March 25, 2015 as 2:2008cv05224
Court: New York Eastern District Court
Nature of Suit: Other Statutory Actions

MEMORANDUM & ORDER granting 77 Motion to Dismiss: For the reasons set forth in the attached, the motion to dismiss Plaintiffs' Amended Complaint is GRANTED for lack of subject matter jurisdiction and for failure to state a claim pursuant to F ederal Rule of Civil Procedure 12(b)(1) and 12(b)(6). Plaintiffs' federal claims are accordingly dismissed with prejudice. Plaintiffs' state law claims are dismissed without prejudice. Additionally, Defendants' request for…

Donlon v. AC and S, Inc. et al

Filed: March 25, 2015 as 3:2011cv03376
Court: California Northern District Court
Defendant: AC And S, Inc., Asbestos Corporation, Ltd., A.W. Chesterton Company, Crown, Cork & Seal Company, Inc., Garlock Sealing Technologies LLC, General Electric Company, J.T. Thorpe & Son, Inc., Metropolitan Life Insurance Company, Parkerhannifin Corporation, Owens-Illinois Corporation, Quintec Industries, Inc., Soco-Lynch Corporation, Swinerton Builders, Thomas Dee Engineering Company, Trane U.S. Inc., Union Carbide Corporation, Viacom, Incorporated, Allis-Chalmers Corporate Product Liability Trust, Bayer Cropscience, Inc., Enpro Industries Inc., Hopeman Brothers, Inc., SB Decking, Inc., Georgia-Pacific Corporation, Hamilton Materials, Inc., Hanson Permanente Cement Inc, Kaiser Gypsum Co., Inc., Kelly-Moore Paint Company, Inc., Eaton Aeroquip LLC, Pneumo-Abex Corporation, Honeywell International, Inc., Borg-Warner Corporation, Bridgestone/Firestone North American Tire, LLC and others
Plaintiff: Patti Donlon, Sean Donlon
Nature of Suit: Asbestos Personal Injury Product Liability

USCA ORDER (USCA # 14-73529) : Petitioners' 3/17/15 letter is construed as a motion to withdraw the petition. So construed, the motion is granted. The petition is withdrawn. (mclS, COURT STAFF) (Filed on 3/25/2015)

United States of America v. Approximately $16,750.00 in U.S. Currency et al

Filed: March 3, 2015 as 2:2014cv01661
Court: California Eastern District Court
Defendant: Approximately $16,750.00 in U.S. Currency, Approximately $97,438.70 seized from Wells Fargo Bank Account Number 7988959974, Approximately $1,084.00 seized from Wells Fargo Bank Account Number 7988948290, 2009 Harley Davidson Road King FLHRC Motorcycle, VIN: 1HD1FR4399Y605921, California License Number: 19S0357, 2009 Dodge Challenger, VIN: 2B3LJ54T19H606557, California License Number: 6HTR425, 2005 General Motors Hummer H2, VIN: 5GRGN22U75H108697, California Lincense Number: 7V53524
Plaintiff: United States of America
Nature of Suit: Drug Related Seizure of Property

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/2/2015 RECOMMENDING that Curtis Phillips, Michelle Davis Phillips, and Deborah Pollard be held in default; that the United States' 20 Amended Motion for Default Judgment and final judgment of forfeiture be granted; Referred to Judge Troy L. Nunley; Objections due within 14 days after being served with these F & R's. (Reader, L)