United States District Court, E.D. Michigan, Southern Division
IN RE FCA U.S. LLC MONOSTABLE ELECTRONIC GEARSHIFT LITIGATION No. 16-md-02744
R. Grand Magistrate Judge
PRETRIAL ORDER NO. 1: INITIAL SCHEDULING
M. LAWSON United States District Judge.
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.
it is ORDERED as follows:
Applicability of Order.
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.
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.
Master Docket File.
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.”
Appearances, Admissions, and Filing.
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
email@example.com 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
Consolidated Master Complaint; Responses.
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 ...