Court sets Deadline for Amending Pleadings and Adding Parties in GM Transmission Lawsuit
December 23, 2020
December 23, 2020
A scheduling order was entered on November 12, 2020, in a putative class action alleging that General Motors LLC (“GM”) manufactured, sold, and leased vehicles equipped with a defective electronic throttle control and/or accelerator pedal position sensor. The order gives the parties until December 11, 2020, to amend the pleadings and add new parties as of right.
The vehicle models at issue are the 2016-2018 Chevrolet Malibu, 2017-2018 Buick LaCrosse, and 2018 Buick Regal.
The lawsuit alleges this defect caused the vehicles to “abruptly lose power, often at interstate highway speeds,” often with a warning on the dashboard reading “Engine Power is Reduced.” The complaint, filed by named plaintiff Mark Rothschild on behalf of himself and all others similarly situated, argues the defect presents major safety concerns, as “drivers have reported that the defect can cause a loss of control or a rear end accident from vehicles following behind them.”
Mr. Rothschild allegedly experienced the defect in his 2017 Chevrolet Malibu while driving at highway speed. He contends GM knew of the purported defect through sources including feedback from its dealers, complaints posted on web forums and social media, and complaints reported to the National Highway Transportation Safety Administration.
The lawsuit seeks remedies including damages and an order “requiring GM to adequately disclose and remediate the Engine Power Reduced defect and enjoining GM from incorporating the defective powertrain into its vehicles in the future.”
Under the court’s schedule, fact discovery, other than from absent class members, is to be completed by June 17, 2021. The parties must then file a letter-motion requesting a settlement conference or a referral to court-annexed medication by February 18, 2021.
The case is Mark Rothschild v. General Motors LLC, case number 1:19-cv-05240-DLI-RLM, in the U.S. District Court for the Eastern District of New York.