Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re FCA U.S. LLC Monostable Electronic Gearshift Litigation

United States District Court, E.D. Michigan, Southern Division

November 15, 2016

IN RE FCA U.S. LLC MONOSTABLE ELECTRONIC GEARSHIFT LITIGATION No. 16-md-02744

          David R. Grand Magistrate Judge

          PRETRIAL ORDER NO. 1: INITIAL SCHEDULING BENCHMARKS

          DAVID M. LAWSON United States District Judge.

         Several civil actions have been filed in various districts involving alleged defects in vehicles manufactured by FCA U.S. LLC (commonly referred to as Fiat Chrysler Automotive, or FCA) that are equipped with “monostable electronic gearshifts.” On October 5, 2016, the Judicial Panel on Multidistrict Litigation (JPML) ordered these actions under 28 U.S.C. § 1407 to be centralized in the Eastern District of Michigan and assigned the actions to the undersigned. After notice to all counsel of record, the Court conducted an initial scheduling conference on November 10, 2016 on the record in open court and established certain protocols and preliminary scheduling deadlines.

         Accordingly, it is ORDERED as follows:

         I. Applicability of Order.

         The provisions of this Order shall govern the practice and procedure in those actions that were transferred to this Court by the JPML. This Order applies to all related cases filed in all divisions of the Eastern District of Michigan and all “tag-along actions” later filed in, removed to, or transferred to this Court.

         II. Consolidation.

         The civil actions transferred to this Court or related to the actions already pending before this Court are consolidated for pretrial purposes. Any “tag-along actions” transferred to this Court, or directly filed in the Eastern District of Michigan, will be consolidated automatically with this action without the necessity of future motions or orders. This consolidation does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she or it has not been named, served or added in accordance with the Federal Rules of Civil Procedure.

         III. Master Docket File.

         The Clerk of Court will maintain a master docket case file under the style “In re: FCA U.S. LLC Monostable Electronic Gearshift Litigation” and the identification “MDL No. 2744.” When a pleading or other paper is intended to apply to all actions, this shall be indicated by the words: “This Document Relates to: ALL ACTIONS.” When a pleading is intended to apply to fewer than all cases, this Court's docket number for each individual case to which the document number relates shall appear immediately after the words “This Document Relates to.”

         IV. Appearances, Admissions, and Filing.

         The Court's previous order notwithstanding, each attorney of record is obligated to become an Eastern District of Michigan ECF Registered User, complete the ECF training, and be assigned a user ID and password for access to the Case Management/Electronic Case Filing (CM/ECF) system. If she or he has not already done so, counsel shall register forthwith to become an ECF User, complete the ECF training, and be issued an ECF User ID and password. To do so, attorneys must be admitted to practice in this district for MDL purposes. Attorneys may contact the Clerk at attyhelp@mied.uscourts.gov to request assistance. All lead and liaison counsel and members of the Plaintiffs' Steering Committee counsel must be admitted to practice in this district for all purposes. An attorney wishing to appear before the Court also must be admitted for all purposes. Attorney admission is governed by E.D. Mich. LR (Local Rule) 83.20. Association of local co-counsel for the plaintiffs is not required. All attorneys of record will be required to file documents via the Court's CM/ECF system. All documents shall be e-filed in the Master file, 16-md-2744. Documents that pertain to one or only some of the pending actions shall also be e-filed in the individual case(s) to which the document pertains. Registration instructions for pro se parties who wish to e-file can be found on the Court's website at http://www.mied.uscourts.gov/pdffiles /ProseEfileapplication.pdf.

         V. Consolidated Master Complaint; Responses.

         The plaintiffs must file a consolidated master complaint on or before December 23, 2016. If the defendant intends to challenge jurisdiction, either subject matter or personal, then it must file an appropriate motion on or before January 16, 2017. The defendant must file additional responses to the complaint in the form of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.