Nissan Federal District Court Decisions

Arnold et al v. Brookway Corporation et al

Filed: May 10, 2010 as 2:2009cv00205
Court: Mississippi Southern District Court
Defendant: Brookway Corporation, Nissan North America, Inc.
Plaintiff: Dawana Arnold, Steven Arnold
Nature of Suit: Other Contract

ORDER denying Motion for Default Judgment 9 filed on behalf of Plaintiffs and Setting Aside the Clerk's Entry of Default 10 . Plaintiffs are granted thirty days from the date of this Order to perfect service on the Defendant Brookway Corporation d/b/a Paul Barnett Nissan. Signed by District Judge Keith Starrett on May 10, 2010 (dsl)

Shearer v. T & W Tool and Die Corporation et al

Filed: May 10, 2010 as 5:2008cv00175
Court: Kentucky Eastern District Court
Defendant: Danly Machine, LP, Danly Tool & Equipment, Inc., Danly-Komatsu, LP, Global Automotive Systems, Inc., Malanie Brogli, Nissan, Nissan North America, Inc., Spencerville Metal Systems, LLC, T & W Tool and Die Corporation, Tom Hill, Trim Trends Co., LLC
Nature of Suit: Personal Injury- Product Liability

OPINION & ORDER: (1) Plt's 156 Motion to Strike DENIED; (2) SMS 136 Motion for Summary Judgment GRANTED; summary judgment will be entered in favor of SMS at conclusion of action; (3) SMS DISMISSED WITH PREJUDICE as a dft in this action; (4) matter REMAINS PENDING against remaining dfts. Signed by Judge Karl S. Forester on 5/10/2010. (STB)cc: COR

Nissan North America, Incorporated v. Johnson Electric North America, Incorporated

Filed: May 5, 2010 as 2:2009cv11783
Court: Michigan Eastern District Court
Defendant: Johnson Electric North America, Incorporated
Plaintiff: Nissan North America, Incorporated
Nature of Suit: Other Contract

ORDER granting in part and denying in part 18 Motion to Compel and for Sanctions - Signed by Magistrate Judge Mona K Majzoub. (LBar)

CA Dept Toxic Sub v. Brighton Oil Co, et al

Filed: April 28, 2010 as 2:2002cv00018
Court: California Eastern District Court
Counter Claimant: Aerojet General Corp, Chevron Corporation, Christine E McDuffee, City of Roseville, E L Winter Inc, Ellsworth Harrold Co, Gordon Turner Motors Inc, Herbert S McDuffie, Jr, John L Sullivan Chevrolet Inc, Pacific Gas and Electric Company, R L Niello Inc, Sacramento City, Sacramento Municipal Utility District, Suburban Motors Inc, Texaco Marketing and Refining Inc, Tiechert Inc
Counter Defendant: Aerojet General Corp, California Department of General Services, California Department of Toxic Substances Control, California Department of Transportation, California Highway Patrol, Chevron Corporation, Christine E McDuffee, City of Roseville, Herbert S McDuffie, Jr, Pacific Gas and Electric Company, Sacramento City, State of California, Texaco Marketing and Refining Inc
Cross Claimant: Aerojet General Corp, Capitol City Chevrolet, Chevron Corporation, Christine E McDuffee, City of Roseville, Ellsworth Harrold Co, Gordon Turner Motors Inc, Herbert S McDuffie, Jr, Pacific Gas and Electric Company, Sacramento City, Sacramento Municipal Utility District, Suburban Motors Inc, Texaco Marketing and Refining Inc
Cross Defendant: - - Consolidated Freightway Inc, Aerojet General Corp, Andrews Enterprises Inc, ATK Construction, Atlantic Richfield, Cal Gas-West Inc, Capitol City Chevrolet, Charles V. Kester, Chevron Corporation, Christine E McDuffee, City of Roseville, Crystal Ice Delivery Inc, Daniel L Kester, E L Winter Inc, Ellsworth Harrold Co, Exxon Mobil Corporation, F B Hart Company, Future Ford Inc, Future Nissan Inc, Gordon Turner Motors Inc, Hastie Sand and Gravel, Herbert S McDuffie, Jr, Internation Harvester Company, John L Sullivan Chevrolet Inc, Keil Enterprises, Laverne Grooms, Lew Williams Chevrolet, Maita Oldsmobile, Mid Valley Development Inc, Pacific Gas & Electric Company, Pacific Gas and Electric Company, Petroleum Tank Line and others
Defendant: Aerojet General Corp, Brighton Oil Co, Brighton-Bengal Oil Refining Co., Charles V. Kester, Chevron Corporation, Christine E McDuffee, Daniel L Kester, Gordon Turner Motors Inc, Herbert S McDuffie, Jr, Laverne Grooms, Mid Valley Development Inc, Pacific Gas and Electric Company, Purity Oil Sales Inc, R L Niello Inc, Ravind Shankar, Sacramento City, Sacramento County, Sacramento Municipal Utility District, Sharon L Stone, Texaco Marketing and Refining Inc, Tiechert Inc, United States Air Force, White Rock & Kilgore, LLC
Plaintiff: California Department of Toxic Substances Control
Thirdparty Defendant: - - Consolidated Freightway Inc, Andrews Enterprises Inc, ATK Construction, Atlantic Richfield, Cal Gas-West Inc, City of Roseville, Crystal Ice Delivery Inc, Ellsworth Harrold Co, Exxon Mobil Corporation, F B Hart Company, Future Nissan Inc, Internation Harvester Company, John L Sullivan Chevrolet Inc, Keil Enterprises, Maita Chevrolet Geo, Maita Oldsmobile, Petroleum Tank Line, Shell Oil Company, State of California, Suburban Motors Inc, Union Oil Company of California, Union Pacific Railroad Company, Valley Livestock Transportation Service, Wesley B Lasher Investment Corporation
Thirdparty Plaintiff: Aerojet General Corp, Sacramento County
Nature of Suit: Environmental Matters

ORDER signed by Judge Garland E. Burrell, Jr on 4/28/10 ORDERING that the Consent Decree is APPROVED and entered as a good faith settlement; all claims for contribution or indemnity against the settling parties are barred by 42 USC § 9613(f); the consent decree was entered into within the meaning of CCCP 877 and 877.6 and all claims against the settling parties for contribution or indemnity are barred by section 877.6. (Owen, K)

Taragan et al v. Nissan North America, Inc. et al

Filed: March 25, 2010 as 4:2009cv03660
Court: California Northern District Court
Defendant: Nissan Motor Company, Ltd., Nissan North America, Inc.
Plaintiff: Clarence Taylor, Frances Jeanette Taylor, Helen Taragan
Nature of Suit: Contract Product Liability

STIPULATION AND ORDER: to Continue Case Management Conference. Setting Hearing on Motion 14 Motion to Dismiss, 12 Motion to Strike: Motion Hearing set for 5/4/2010 at 01:00 PM; Case Management Conference set for 5/4/2010 at 01:00 PM in Courtroom 1, 4th Floor, Oakland. Signed by Judge Saundra Brown Armstrong, on 3/24/10. (lrc, COURT STAFF) (Filed on 3/25/2010) Modified on 3/26/2010 (jlm, COURT STAFF).

United States of America v. $10,044.00 in U S Currency et al

Filed: March 22, 2010 as 5:2008cv01365
Court: California Central District Court
Defendant: $10,044.00 in U S Currency, A 2003 Honda Motorcycle, A 2006 Nissan Titan Truck
Plaintiff: United States of America
Nature of Suit: Drug Related Seizure of Property

CONSENT JUDGMENT by Judge Donald E Walter in favor of United States of America against $10,044.00 in U S Currency. (See document for specifics) ( MD JS-6. Case Terminated ) (mrgo)

Nissan Motor Acceptance Corporation v. Dealmaker Nissan, LLC et al

Filed: March 15, 2010 as 7:2009cv00196
Court: New York Northern District Court
Defendant: Dealmaker Auto Group, LLC, Dealmaker Nissan, LLC, Mark Picarazzi, Philip J. Simao
Plaintiff: Nissan Motor Acceptance Corporation
Nature of Suit: Other Contract

JUDGMENT: Plaintiff shall hereby recover judgment against defendant Mark Picarazzi as to liability only. (dmf)

Espinoza et al v. Nissan North America, Inc. et al

Filed: March 15, 2010 as 8:2009cv00399
Court: Maryland District Court
Defendant: Michelin North America, Inc., Nissan North America, Inc.
Plaintiff: Lisa Espinoza, Reggie Espinoza
Nature of Suit: Other Fraud

MEMORANDUM/ORDER RESCHEDULING the telephone conference previously scheduled for March 22, 2010 at 5:30 p.m. to 9:30 a.m. on the same day.. Signed by Judge Roger W Titus on 3/15/2010. (cm, Deputy Clerk)

Bryant D. Griffin v. Toyota Motor Credit et al

Filed: March 1, 2010 as 2:2009cv01512
Court: California Central District Court
Defendant: Performance Nissan, Toyota Motor Credit
Plaintiff: Bryant D. Griffin
Nature of Suit: Truth in Lending

ORDER of Dismissal for Lack of Prosecution by Judge James V. Selna. Case Terminated. Made JS-6. (db)

Fite et al v. Comtide Nashville, LLC et al

Filed: February 19, 2010 as 3:2009cv00020
Court: Tennessee Middle District Court
Defendant: Comtide Car Universe, LLC, Comtide Nashville, LLC, Comtide S, LLC, Michael McLean, Nissan of Cool Springs, LLC, Vincent Robert Caccese
Plaintiff: Cedric Hemphill, Charles Kirk, Deangelis Ashford, Dwayne Coleman, Gil Pearsall, Lewis Fite
Nature of Suit: Employment

ORDER: For the reasons expressed in the accompanying Memorandum, the defendants' Motion to Dismiss Complaint Against Michael McLean (Docket No. 22) is GRANTED and defendant McLean (or McClean) is DISMISSED from this litigation, without prejudice . As discussed in detail in the Memorandum, the remaining defendants' Motion for Summary Judgment (Docket No. 24), which is construed as including the arguments raised in the Motion to Dismiss (Docket No. 23), is GRANTED IN PART AND…

Fite et al v. Comtide Nashville, LLC et al

Filed: February 19, 2010 as 3:2009cv00020
Court: Tennessee Middle District Court
Defendant: Comtide Car Universe, LLC, Comtide Nashville, LLC, Comtide S, LLC, Michael McLean, Nissan of Cool Springs, LLC, Vincent Robert Caccese
Plaintiff: Cedric Hemphill, Charles Kirk, Deangelis Ashford, Dwayne Coleman, Gil Pearsall, Lewis Fite
Nature of Suit: Employment

MEMORANDUM OF THE COURT. Signed by District Judge Aleta A. Trauger on 2/19/10. (af)

Angelillo v. Harte Nissan Inc et al

Filed: February 17, 2010 as 3:2009cv01313
Court: Connecticut District Court
Defendant: Harte Nissan Inc, Nissan Motor Acceptance Corp
Plaintiff: Anthony Angelillo
Nature of Suit: Other Contract

MEMORANDUM OF DECISION granting in part and denying in part 6 Motion to Dismiss; denying 23 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Warren W. Eginton on 2/17/2010. (Cepler, C.)

Bryant D. Griffin v. Toyota Motor Credit et al

Filed: February 8, 2010 as 2:2009cv01512
Court: California Central District Court
Defendant: Performance Nissan, Toyota Motor Credit
Plaintiff: Bryant D. Griffin
Nature of Suit: Truth in Lending

(IN CHAMBERS) ORDER TO SHOW CAUSE re Jurisdiction by Judge James V. Selna December 17, 2009 Judge Cooper issued an Minute Order for additional documentation, i.e. the plaintiff was to file a copy of the file-stamped fist page of the relevant Bankrupt cy Petition with the Court not later than January 6, 2010. In light of the transfer of this action this Court ORDERS plaintiff to file the documentation indicated above by February 19, 2010. Failure to comply with the Court's Order will…

Hunter v. Fred Martin Nissan, LLC

Filed: February 3, 2010 as 5:2009cv02555
Court: Ohio Northern District Court
Defendant: Fred Martin Nissan, LLC
Plaintiff: Laura Hunter
Nature of Suit: Employment

Order granting Plaintiff's 11 Motion to stay. The Court Orders counsel for the parties to jointly file a Status Report every 45 days from the date of this order to apprise the Court of the status of the State court case. Magistrate Judge Benita Y. Pearson on 2/3/2010.(S,L)

Messerlian et al v. A.O. Smith Corporation et al

Filed: January 25, 2010 as 1:2009cv00393
Court: Rhode Island District Court
Defendant: A.O. Smith Corporation, American Biltrite Inc., American Honda Motor Co., Inc., American Standard, Inc. (alias), American Suzuki Motor Corporation, Arvinmeritor, Inc., Bird, Inc., Bondex International, Inc., Borgwarner Morse Tec Inc., Burnham Corporation, Carquest Corporation, Carrier Corporation, Certainteed Corporation, Champion Technologies, Inc., Chrysler LLC, Cleaver-Brooks Company, Clifton Associates, Inc., Conwed Corporation, Crane Co., Crown Cork & Seal Co., Inc., Dana Corporation, DAP, Inc., Detroit Diesel Corporation, Eaton Corporation, Ford Motor Company, Ford Products Corporation, Foster Wheeler LLC, General Electric Company, General Motors Corporation, Genuine Parts Company, Georgia-Pacific LLC, H.B. Fuller Company and others
Plaintiff: Alan Messerlian, Jo-Ann Messerlian
Nature of Suit: Asbestos Personal Injury Product Liability

ORDER granting (8) Motion to Remand; adopting (14) Report and Recommendations in case 1:09-cv-00393-S-LDA; granting (7) Motion to Remand; adopting (12) Report and Recommendations in case 1:09-cv-00394-S-DLM; granting (8) Motion to Remand; adopting (1 4) Report and Recommendations in case 1:09-cv-00395-S-DLM; granting (7) Motion to Remand; adopting (21) Report and Recommendations in case 1:09-cv-00396-S-LDA in case 1:09-cv-00393-S-LDA. So Ordered by Judge William E. Smith on 1/21/10.…

Smitley v. Nissan North America, Inc.

Filed: January 8, 2010 as 2:2009cv00148
Court: Ohio Southern District Court
Defendant: Nissan North America, Inc.
Plaintiff: Victoria A. Smitley
Nature of Suit: Personal Injury- Product Liability

ORDER denying 10 Motion to Exclude Expert & granting 11 Motion for Extension of Time to Provide Expert Reports. Defendants shall identify any experts w/in forty-five (45) days of this Order. Signed by Magistrate Judge Terence P Kemp on 1/8/2010. (kjm)

Taragan et al v. Nissan North America, Inc. et al

Filed: January 5, 2010 as 4:2009cv03660
Court: California Northern District Court
Defendant: Nissan Motor Company, Ltd., Nissan North America, Inc.
Plaintiff: Clarence Taylor, Frances Jeanette Taylor, Helen Taragan
Nature of Suit: Contract Product Liability

STIPULATION AND ORDER: That the parties stipulated request to modify briefing is GRANTED. The motion hearings re 14 Motion to Dismiss and 12 Motion to Strike are CONTINED to 02/09/10 at 1:00 PM. Responses due by 1/8/2010. Replies due by 1/15/2010. Signed by Judge Saundra Brown Armstrong, on 1/4/10. (lrc, COURT STAFF) (Filed on 1/5/2010) Modified on 1/6/2010 (jlm, COURT STAFF).

Messerlian et al v. A.O. Smith Corporation et al

Filed: December 29, 2009 as 1:2009cv00393
Court: Rhode Island District Court
Defendant: A.O. Smith Corporation, American Biltrite Inc., American Honda Motor Co., Inc., American Standard, Inc. (alias), American Suzuki Motor Corporation, Arvinmeritor, Inc., Bird, Inc., Bondex International, Inc., Borgwarner Morse Tec Inc., Burnham Corporation, Carquest Corporation, Carrier Corporation, Certainteed Corporation, Champion Technologies, Inc., Chrysler LLC, Cleaver-Brooks Company, Clifton Associates, Inc., Conwed Corporation, Crane Co., Crown Cork & Seal Co., Inc., Dana Corporation, DAP, Inc., Detroit Diesel Corporation, Eaton Corporation, Ford Motor Company, Ford Products Corporation, Foster Wheeler LLC, General Electric Company, General Motors Corporation, Genuine Parts Company, Georgia-Pacific LLC, H.B. Fuller Company and others
Plaintiff: Alan Messerlian, Jo-Ann Messerlian
Nature of Suit: Asbestos Personal Injury Product Liability

REPORT AND RECOMMENDATIONS recommending that the District Court, pursuant to 28 U.S.C. § 1334(c)(1) and 28 U.S.C. § 1452(b), exercise its discretion to GRANT Plaintiffs' Motions to Remand (Document No. 8 in C.A. Nos. 09-393S and 09-395 S; Document No. 7 in 09-394S and 09-396S) these asbestos injury cases back to Rhode Island Superior Court, Providence County. Further, recommending that Plaintiffs' accompanying request for a discretionary award of attorneys' fees…

Woods v. North Texas Nissan LP et al

Filed: December 22, 2009 as 4:2009cv00217
Court: Texas Eastern District Court
Defendant: North Texas Nissan LP, Wells Fargo
Plaintiff: Jacqueline A. Woods
Nature of Suit: Banks and Banking

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - Defendant Orr Motors of Corinth, Inc's 26 Motion for Dismissal, and Defendant Wells Fargo Bank, N.A.'s 28 Motion to Dismiss are GRANTED IN PART, Defen dant Orr Motors of Corinth, Inc.'s 9 Motion to Dismiss Under Rule 12(b) for failure to state a claim and Defendant Wells Fargo Bank, N.A's 20 Motion for Summary Judgment are DENIED AS MOOT, and this matter is DISMISSED WITHOUT…

Harding et al v. Prestige Nissan Inc

Filed: December 16, 2009 as 7:2008cv00154
Court: Georgia Middle District Court
Defendant: Prestige Nissan Inc
Plaintiff: Christin Johnson, Jennifer Harding, Renee McDonald
Nature of Suit: Employment

ORDER denying 18 Motion to Compel; denying 20 Motion for Extension of Time; granting 22 Motion to Withdraw as Attorney. Attorney Marie A. Mattox terminated. Ordered by Judge Hugh Lawson on 12/16/2009. (nbp)