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556-2100 Facsimile: (212) 556-2222 Arthur Steinberg Scott Davidson 09-50026-reg Doc 13083 Filed 02/13/15 Entered 02/13/15 14:10:10 Main Document Pg 1 of 4 KING & SPALDING LLP 1185 Avenue of the Americas New York, New York 10036 Telephone: (212) 556-2100 Facsimile: (212) 556-2222 Arthur Steinberg Scott Davidson KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, IL 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 Richard C. Godfrey, P.C. (admitted pro hac vice) Andrew B. Bloomer, P.C. (admitted pro hac vice) Attorneys for General Motors LLC UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re : Chapter 11 : MOTORS LIQUIDATION COMPANY, et al., : Case No.: 09-50026 (REG) f/k/a General Motors Corp., et al. : : Debtors. : (Jointly Administered) ---------------------------------------------------------------x NOTICE OF FILING OF THIRD SUPPLEMENT TO THE CHART OF PRE-CLOSING ACCIDENT LAWSUITS SET FORTH IN THE MOTION OF GENERAL MOTORS LLC PURSUANT TO 11 U.S.C. §§ 105 AND 363 TO ENFORCE THE COURT’S JULY 5, 2009 SALE ORDER AND INJUNCTION AGAINST PLAINTIFFS IN PRE-CLOSING ACCIDENT LAWSUITS PLEASE TAKE NOTICE that on February 13, 2015, General Motors LLC filed the attached Third Supplement to the Chart of Pre-Closing Accident Lawsuits Set Forth in the Motion of General Motors LLC Pursuant to 11 U.S.C. §§ 105 and 363 to Enforce the Court’s July 5, 2009 Sale Order and Injunction Against Plaintiffs in Pre-Closing Accident Lawsuits with the United States Bankruptcy Court for the Southern District of New York. 25044509.2 09-50026-reg Doc 13083 Filed 02/13/15 Entered 02/13/15 14:10:10 Main Document Pg 2 of 4 Dated: New York, New York February 13, 2015 Respectfully submitted, /s/ Scott I. Davidson Arthur Steinberg Scott Davidson KING & SPALDING LLP 1185 Avenue of the Americas New York, New York 10036 Telephone: (212) 556-2100 Facsimile: (212) 556-2222 Richard C. Godfrey, P.C. (admitted pro hac vice) Andrew B. Bloomer, P.C. (admitted pro hac vice) KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, IL 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 Attorneys for General Motors LLC 2 09-50026-reg Doc 13083 Filed 02/13/15 Entered 02/13/15 14:10:10 Main Document Pg 3 of 4 THIRD SUPPLEMENT1 TO CHART OF PRE-CLOSING ACCIDENT LAWSUITS COMMENCED AGAINST NEW GM NOT LISTED IN MOTION TO ENFORCE Lead Plaintiff Name Date of Accident (Plaintiff) Vehicle Year and Model 1 Scott2 May 5, 2009 2007 Chevrolet HHR 2 Bachelder3 July 23, 2007 (Bachelder) 2006 Chevy Cobalt April 2, 2007 (Bastidas) 2006 Chevy Cobalt Black – No Date Specified4 2007 Chevy Cobalt May 25, 2007 (Champagne) 2007 Chevy Cobalt May 27, 2008 (Delp) 2006 Chevy Cobalt January 10, 2007 (Dixon) 2003 Saturn Ion March 7, 2007 (Edwards) 2002 Cadillac Deville January 4, 2009 (Fritze) 2009 Chevy Cobalt April 9, 2006 (Kitzmiller 2006 Chevy Cobalt Green) June 7, 2003 (Hankerson) 1997 Pontiac Grand Am January 23, 2007 (Jimenez) 2006 Chevy Cobalt 2005 (Landry) 2007 Chevy Cobalt September 13, 2002 1999 Pontiac Grand Prix (Lawrimore) February 14, 2009 (Shaffer) 2006 Pontiac Grand Prix 1 Pursuant to the Motion of General Motors LLC Pursuant to 11 U.S.C. §§ 105 and 363 to Enforce the Court’s July 5, 2009 Sale Order and Injunction Against Plaintiffs in Pre-Closing Accident Lawsuits (the “Motion to Enforce”) [Dkt. No. 12808-1], New GM reserved the right to supplement the list of Pre-Closing Accident Lawsuits set forth in the Motion to Enforce in the event additional cases were brought against New GM that implicate similar provisions of the Sale Order and Injunction. See Motion to Enforce, p. 7 n.6. 2 The Action identified in the chart above is captioned Scott v. General Motors Co., et al. pending in the United States District Court for the Middle District of Florida (Tampa Division) (the “Scott Action”). A copy of the complaint filed in the Scott Action is attached hereto as Exhibit “A.” 3 The Action identified in the chart above is captioned Bachelder, et al. v. General Motors LLC. pending in the United States District Court for the Southern District of New York (the “Bachelder Action”). A copy of the complaint filed in the Scott Action is attached hereto as Exhibit “B.” 4 The complaint in the Bachelder Action alleges that Plaintiff Benita Black was driving a 2007 Chevy Cobalt when the steering locked, resulting in a crash and injuries. The complaint, however, fails to specify the specific date or year of the alleged accident. As such, it is unclear at this time, if Plaintiff Black’s accident occurred prior to the closing of the 363 Sale or after. To the extent the accident occurred prior to the closing of the 363 Sale, any claims based thereon are subject to the Motion to Enforce. 3 09-50026-reg Doc 13083 Filed 02/13/15 Entered 02/13/15 14:10:10 Main Document Pg 4 of 4 November 2, 2007 (Simecek) 2006 Chevy Cobalt March 29, 2006 (Slade) 2005 Chevy Cobalt February 25, 2007 (Stafford) 2006 Chevy Colorado August 28, 2008 (Weisjahn) 2006 Chevy HHR April 17, 2009 (Wilson) 2007 Chevy Cobalt 3 Bacon5 August 12, 2008 2004 Oldsmobile Alero 5 The Action identified in the chart above is captioned Bacon v. General Motors, LLC pending in the United States District Court for the Southern District of New York (the “Bacon Action”). A copy of the complaint filed in the Bacon Action is attached hereto as Exhibit “C.” 4 09-50026-reg Doc 13083-1 Filed 02/13/15 Entered 02/13/15 14:10:10 Exhibit A Pg 1 of 19 Exhibit A 09-50026-reg Doc 13083-1 Filed 02/13/15 Entered 02/13/15 14:10:10 Exhibit A Pg 2 of 19 null / ALL Transmittal Number: 13389388 Notice of Service of Process Date Processed: 01/23/2015 Primary Contact: Rosemarie Williams General Motors LLC Mail Code 48482-038-210 400 Renaissance Center Detroit, MI 48265 Entity: General Motors LLC Entity ID Number 3113523 Entity Served: General Motors, LLC Title of Action: Scott, Cindy vs. General Motors Company; General Motors LLC Document(s) Type: Summons and Amended Complaint Nature of Action: Personal Injury Court/Agency: Hillsborough County Circuit Court, Florida Case/Reference No: 14-CA-012970 Jurisdiction Served: Florida Date Served on CSC: 01/23/2015 Answer or Appearance Due: 20 Days Originally Served On: CSC How Served: Personal Service Sender Information: Dellecker Wilson King McKenna Ruffier & SOS A. Limited Liability Partnership (Orlando, FL) 407-244-3000 Client Requested Information: Year: 2007 Make: Chevrolet Model: HHR VIN: Notes: Dellecker Wilson King McKenna Ruffier & SOS A Limited Liability Partnership 719 Vassar Street, Orlando, FL 32804-4920 CSC Location document was served: Corporation Service Company 1201 Hays St. Tallahassee, FL 32301 Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action. To avoid potential delay, please do not send your response to CSC CSC is SAS70 Type II certified for its Litigation Management System. 2711 Centerville Road Wilmington, DE 19808 (888) 690-2882 | [email protected] 09-50026-reg Doc 13083-1 Filed 02/13/15 Entered 02/13/15 14:10:10 Exhibit A Pg 3 of 19 Filing # 22606593 E-Filed 01/15/2015 03:05:07 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CINDY SCOTT, Individually,'and as CASE NO: 14-CA-012970 Administrator of the Estate of Thomas Scott, Division D deceased, Plaintiff, -vs- Date ~~` ~~' ~5 Time MCN. No. 111 GENERAL MOTORS COMPANY, a is a certified process server in the Delaware corporation and GENERAL Circuit and County Courts MOTORS LLC, a Delaware corporation, in and for the Second Judicial Circuit Defendants. / SUMMONS THE STATE OF FLORIDA; To Each Sheriff of the State: J YOU ARE 14EREBY COMMANDED to serve this Summons and a copy of the First Amended Complaint in this action on Defendant , General Motors, LLC c o Corporation Service Company, Registered Agent 1201 Hays Street, Tallahassee, Florida 32301 Each Defendant is hereby required to serve written defenses to the Complaint on: Kenneth J. McKenna Florida Bar Number 0021024 DELLECKER WILSON KING McKENNA RUFFIER & SOS A Limited Liability Partnership 719 Vassar Street Orlando, Florida 32804 (407) 244-3000 KJMeservicendwklaw.com [email protected] Attorney for Plaintiff 01/15/2015 3:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 09-50026-reg Doc 13083-1 Filed 02/13/15 Entered 02/13/15 14:10:10 Exhibit A Pg 4 of 19 within twenty (20) days after service of this Summons on that Defendant, exclusive of the date of service, and to file the original of the defenses with the Clerk of this Court either before service on Plaintiffs attorney or immediately thereafter. If a Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the Complaint. AMERICAN DISABILITIES ACT OF 1990 Administrative Order No. 10-18 If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitied, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs Street, Room 604, Tampa, Florida 33602, TELEPHONE (813) 272-7040 AT LEAST (7) SEVEN days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired, call 711.
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