Toyota Federal District Court Decisions

Dunn et al v. Takata Corporation et al [Economic Loss Class Actions]

Filed: June 1, 2017 as 1:2014cv24009
Court: Florida Southern District Court
Defendant: TAKATA CORPORATION, TK HOLDINGS, INC., HIGHLAND INDUSTRIES, INC., HONDA MOTOR COMPANY LTD., AMERICAN HONDA CO., INC., BAYERICHE MOTOREN WERKE AG, BMW OF NORTH AMERICA LLC, BMW MANUFACTURING CO.,LLC, FORD MOTOR COMPANY, TOYOTA MOTOR CORPORATION, TOYOTA MOTOR SALES, U.S.A., INC., TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC.
Plaintiff: CRAIG DUNN, PAM KOEHLER, ZULEMARIE RIVERA, TRU VALUE AUTO MALLS LLC, DAVID M. JORGENSEN, ANNA MARIE BRECHTELL FLATTMANN, ROBERT REDFEARN, JR., TASHA R. SIVERIO, KENNETH G. DESIE, GREGORY MCCARTHY, NICOLE PEASLEE, KAREN SWITKOWSKI, ANTHONY D. DARK, LEMON AUTO SALES, INC., NATHAN BORDEWICH, KATHLEEN WILKINSON, HAYDEE MASINI, NANCY BARNETT
Nature of Suit: Motor Vehicle Product Liability

ORDER GRANTING IN PART and DENYING IN PART ( 616 in 1:15-md-02599-FAM) MOTION to Dismiss ( 579 ) Amended Complaint And Incorporated Memorandum of Law filed by American Honda Motor Co., Inc.. ORDERED AND ADJUDGED that Honda's M otion to Dismiss (D.E. 616) is GRANTED IN PART and DENIED IN PART. Specifically, Count 12, 13, 14, 15, 48, 53, 55, and 86 are DISMISSED. Count 3 is DISMISSED as asserted by the Florida and North Carolina Plaintiffs. Honda's Motion to Dismiss…

Dunn et al v. Takata Corporation et al [Economic Loss Class Actions]

Filed: June 1, 2017 as 1:2014cv24009
Court: Florida Southern District Court
Defendant: TAKATA CORPORATION, TK HOLDINGS, INC., HIGHLAND INDUSTRIES, INC., HONDA MOTOR COMPANY LTD., AMERICAN HONDA CO., INC., BAYERICHE MOTOREN WERKE AG, BMW OF NORTH AMERICA LLC, BMW MANUFACTURING CO.,LLC, FORD MOTOR COMPANY, TOYOTA MOTOR CORPORATION, TOYOTA MOTOR SALES, U.S.A., INC., TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC.
Plaintiff: CRAIG DUNN, PAM KOEHLER, ZULEMARIE RIVERA, TRU VALUE AUTO MALLS LLC, DAVID M. JORGENSEN, ANNA MARIE BRECHTELL FLATTMANN, ROBERT REDFEARN, JR., TASHA R. SIVERIO, KENNETH G. DESIE, GREGORY MCCARTHY, NICOLE PEASLEE, KAREN SWITKOWSKI, ANTHONY D. DARK, LEMON AUTO SALES, INC., NATHAN BORDEWICH, KATHLEEN WILKINSON, HAYDEE MASINI, NANCY BARNETT
Nature of Suit: Motor Vehicle Product Liability

ORDER GRANTING IN PART and DENYING IN PART re ( 622 in 1:15-md-02599-FAM, 130 in 1:14-cv-24009-FAM) MOTION to Dismiss (579 in 1:15-md-02599-FAM) (121 in 1:14-cv-24009-FAM) Amended Complaint, Motion to Dismiss Second Amended Consolidated Class Action Complaint, or In The Alternative, To Strike the Allegations of Count 3-8 and 104, Memorandum of Law In Support Thereof filed by Takata Corporation, TK Holdings, Inc.. (Please see Order for further details). Signed by Judge…

Brian Warner et al v. Toyota Motor Sales, U.S.A., Inc.

Filed: May 21, 2017 as 2:2015cv02171
Court: California Central District Court
Defendant: Toyota Motor Sales, U.S.A., Inc.
Plaintiff: Dale Franquet, James Fuller, Kenneth MacLeod, Michael Meade, Brian Warner, Michael Watson
Nature of Suit: Other Fraud

JUDGMENT by Judge Fernando M. Olguin. (vdr)

BOUTROS v. RESTREPO et al

Filed: May 8, 2017 as 3:2016cv01821
Court: New Jersey District Court
Defendant: JAVIER RESTREPO, JD AUTO TRANSPORT, INC., TOYOTA MOTOR FINANCE, JOHN DOES 1-10, ABC CORP 1-10
Plaintiff: HANI BOUTROS
Nature of Suit: Motor Vehicle

MEMORANDUM OPINION filed. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/8/2017. (km)

Rosco et al v. Equifax Information Services et al

Filed: May 2, 2017 as 2:2015cv00325
Court: Washington Eastern District Court
Defendant: Equifax Information Services, Americredit, Capital One Auto Finance, Consumer Portfolio Services, Costco Warehouse, Exeter Financial, Experian Information Solutions, First Bank Mortgage, Flagship Credit, Global Lending Services Inc, Grossinger KIA, Lafontaine Toyota, Regional Acceptance, Advantage Group, Tidewater Credit, TransUnion LLS
Plaintiff: Russell D Rosco, Bonnie R Rosco
Nature of Suit: Consumer Credit

JUDGMENT in favor of TransUnion LLS against Bonnie R Rosco, Russell D Rosco. (SK, Case Administrator)

Sirayanone v. Experian Information Solutions, Inc. et al

Filed: April 25, 2017 as 5:2016cv00559
Court: California Northern District Court
Defendant: Experian Information Solutions, Inc., Equifax, Inc., Discover Bank, The Golden 1 Credit Union, Synchrony Bank, Toyota Financial Services Americas Corporation, Wells Fargo Card Services, Inc.
Plaintiff: Shauna Sirayanone
Nature of Suit: Consumer Credit

ORDER TO SHOW CAUSE WHY COURT SHOULD NOT DISMISS EXPERIAN INFORMATION SOLUTIONS, INC. Show Cause Response due by 5/9/2017. Signed by Judge Beth Labson Freeman on 4/25/2017. (blflc1S, COURT STAFF) (Filed on 4/25/2017)

Lavergne Short, et al v. Toyota Motor North America, Inc. et al

Filed: April 19, 2017 as 8:2011cv00415
Court: California Central District Court
Defendant: Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Inc.
Plaintiff: Bernadine Carter, Elizabeth Hartman, Lavergne Short
Nature of Suit: Personal Injury- Product Liability

MINUTES (IN CHAMBERS) ORDER Extending Time to Respond to Order to Show Cause and Continuing Hearing on Order to Show Cause by Judge James V. Selna. The Court is cognizant that although they originally had counsel, the plaintiffs are now proceedi ng in pro per. For that reason, the Court extends the time for plaintiffs to file a response to the Order to Show Cause and/or supply a demand and completes negotiations materials to May 1, 2017. Toyota may reply no later than May 8, 2017.…

Vanessa Black v. Toyota Boshoku America Inc.

Filed: March 27, 2017 as 3:2017cv00309
Court: Illinois Southern District Court
Defendant: Toyota Boshoku Illinois, LLC
Plaintiff: Vanessa Black
Nature of Suit: Employment

ORDER REGARDING JURISDICTION. (Amended Pleadings due by 4/24/2017). Signed by Judge Nancy J. Rosenstengel on 3/27/2017. (bak)

Quaid McIver v KW Real Estate/Akron Co., LLC, et al

Filed: March 8, 2017 as 8:2013cv00306
Court: California Central District Court
Defendant: Ascent Automotive Group, LM, LP, Atwell, LLC, Auto Butler, Inc., Friedkin Companies, Inc., Gulf States Financial Services, Inc., KW Real Estate Akron Co., LLC, Lexus, Regional General Contracting, LLC, Toyota Motor Corporation
Intervenor Plaintiff: Ohio Bureau of Workers Compensation
Other Parties: Theodore F. Scribner
Plaintiff: Quaid McIver
Nature of Suit: Personal Injury- Product Liability

MINUTES (IN CHAMBERS) Order to Show Cause re Suggestion of Remand by Judge James V. Selna. Upon stipulation, the Court has dismissed the claims of plaintiff-in-intervention Ohio Bureau of Workers' Compensation and the claims of plaintiff Qua id McIver against Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation. The Court believes that it should now transmit to the Judicial Panel on Multidistrict Litigation a suggestion that this action be remanded to the transferor…

Mensie v. Toyota Motor Credit Corporation

Filed: March 7, 2017 as 4:2017cv00085
Court: Arkansas Eastern District Court
Defendant: Toyota Motor Credit Corporation
Plaintiff: Marian J Mensie
Nature of Suit: Other Contract

ORDER regarding a recusal issue. The parties may request whether or not I should keep this case based on the circumstances laid out within this Order. Please file any such request by 3/31/2017. Signed by Judge D. P. Marshall Jr. on 3/7/2017. (jak)

Plaintiff v. Defendant

Filed: March 6, 2017 as 3:2016cv07212
Court: California Northern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Other Statutory Actions

STIPULATION AND ORDER re 19 Concerning Time to File Amended Complaint and Response Thereto filed by Michael Robey. Motions terminated: 19 STIPULATION WITH PROPOSED ORDER Concerning Time to File Amended Complaint and Response Thereto filed by Michael Robey. Signed by Judge Edward M. Chen on 3/6/17. (bpfS, COURT STAFF) (Filed on 3/6/2017)

Plaintiff v. Defendant

Filed: March 6, 2017 as 3:2016cv07212
Court: California Northern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Other Statutory Actions

ORDER REFERRING CASE to Private ADR, STIPULATION AND ORDER re 18 selecting Private ADR by Michael Robey filed by Michael Robey. Signed by Judge Edward M. Chen on 3/6/17. (bpfS, COURT STAFF) (Filed on 3/6/2017)

Plaintiff v. Defendant

Filed: March 6, 2017 as 3:2016cv07212
Court: California Northern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Other Statutory Actions

STIPULATION AND ORDER re 20 Requesting Continuance of Case Management Conference filed by Toyota Motor Sales, U.S.A., Inc. Case Management Statement due by 5/18/2017. Initial Case Management Conference set for 5/25/2017 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 3/6/17. (bpfS, COURT STAFF) (Filed on 3/6/2017)

Fernandez v. Toyota Motor USA, Inc. et al

Filed: February 15, 2017 as 3:2016cv00668
Court: Louisiana Middle District Court
Defendant: ABC Insurance Agency, Insurance Affirmative, Insurance Company Esurance, Insurance Company Progressive, Toyota Motor USA, Inc.
Plaintiff: Jackeline Fernandez
Nature of Suit: Motor Vehicle

RULING : The 4 Motion to Dismiss is GRANTED and this matter is dismissed without prejudice. Any response to this RULING, shall be filed within 14 days and must be accompanied by an opposition memorandum to the original motion. Signed by Judge Shelly D. Dick on 2/15/2017. (LLH)

Rosco et al v. Equifax Information Services et al

Filed: February 13, 2017 as 2:2015cv00325
Court: Washington Eastern District Court
Defendant: Equifax Information Services, Americredit, Capital One Auto Finance, Consumer Portfolio Services, Costco Warehouse, Exeter Financial, Experian Information Solutions, First Bank Mortgage, Flagship Credit, Global Lending Services Inc, Grossinger KIA, Lafontaine Toyota, Regional Acceptance, Advantage Group, Tidewater Credit, TransUnion LLS
Plaintiff: Russell D Rosco, Bonnie R Rosco
Nature of Suit: Consumer Credit

ORDER Denying 187 Motion for Reconsideration of Court Decision to Enforce Settlement (cc: Bonnie R. Rosco via first class mail). Signed by Judge Rosanna Malouf Peterson. (PL, Case Administrator)

Albert Heber v. Toyota Motor Sales, U.S.A., Inc.

Filed: February 2, 2017 as CAC/8:16-cv-01525
Court: Judicial Panel on Multidistrict Litigation
Defendant: Toyota Motor Sales, U.S.A., Inc.
Plaintiff: Albert Heber
Nature of Suit: Other

ORDER DENYING TRANSFER re: pldg. (21 in CAC/8:16-cv-01525, 20 in CAC/8:16-cv-01679, 15 in MD/1:16-cv-03428, 29 in MDL No. 2755), ( 1 in MDL No. 2755) The motion to transfer, pursuant to 28 U.S.C. 1407, is DENIEDSigned by Judge Sarah S. Vance, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 2/2/2017. Associated Cases: MDL No. 2755, CAC/8:16-cv-01525, CAC/8:16-cv-01679, MD/1:16-cv-03428 (LH)

Plaintiff v. Defendant

Filed: January 30, 2017 as 5:2016cv00087
Court: Kentucky Eastern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Employee Retirement Income Security Act of 1974

MEMORANDUM OPINION & ORDER: (1) Pla's 24 MOTION for Judgment is DENIED. (2) Each party shall bear its respective costs and expenses. Signed by Judge Danny C. Reeves on January 30, 2017. (AWD) cc: COR

United States of America v. $4,931.28 in Bank Account Funds From Golden State Bank Account Number '2059 et al

Filed: January 17, 2017 as 8:2015cv00426
Court: California Central District Court
Claimant: A to Z Solutions, Inc., CAIR Medical, Inc., Rehab Fitness, Inc., Dawn Tucker, Todd Tucker
Defendant: $11,029.00 in Bank Account Funds from Bank of America Account Number '2354, $118,616.37 in Bank Account Funds From Golden State Bank Account Number '2905, $229,759.34 in Bank Account Funds from Golden State Bank Account Number '4725, $4,931.28 in Bank Account Funds From Golden State Bank Account Number '2059, $8,053.58 From Bank Account Funds From Golden State Bank Account Number '4899, One 2005 BMW, One 2007 Toyota, One 2010 Mercedes, One 2012 Chevrolet, One 2013 Nissan
Plaintiff: United States of America
Nature of Suit: Other

JUDGMENT by Judge David O. Carter. (MD JS-6, Case Terminated). (mt)

United States of America v. $4,931.28 in Bank Account Funds From Golden State Bank Account Number '2059 et al

Filed: January 6, 2017 as 8:2015cv00426
Court: California Central District Court
Claimant: A to Z Solutions, Inc., CAIR Medical, Inc., Rehab Fitness, Inc., Dawn Tucker, Todd Tucker
Defendant: $11,029.00 in Bank Account Funds from Bank of America Account Number '2354, $118,616.37 in Bank Account Funds From Golden State Bank Account Number '2905, $229,759.34 in Bank Account Funds from Golden State Bank Account Number '4725, $4,931.28 in Bank Account Funds From Golden State Bank Account Number '2059, $8,053.58 From Bank Account Funds From Golden State Bank Account Number '4899, One 2005 BMW, One 2007 Toyota, One 2010 Mercedes, One 2012 Chevrolet, One 2013 Nissan
Plaintiff: United States of America
Nature of Suit: Other

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge David O. Carter. The government is not entitled to forfeiture of the defendant assets. Claimants shall submit a proposed judgment consistent with this order by January 23, 2017. (Please see Order for details) (ig)

Williams et al v. Toyota Motor Manufacturing, Indiana, Inc.

Filed: January 4, 2017 as 3:2016cv00179
Court: Louisiana Middle District Court
Defendant: Toyota Motor Manufacturing, Indiana, Inc.
Plaintiff: Tammie R. Gosa, Kenny L. Williams
Nature of Suit: Personal Injury- Product Liability

RULING and ORDER granting 11 Unopposed Motion to Compel. Plaintiffs, Kenny Williams and Tammie Gosa shall provide written responses without objections to the outstanding Interrogatories and Requests for Production of Documents within 14 days of the date of this Ruling and Order. As such, TMMI's request for reasonable expenses and attorney's fees under Fed. R. Civ. P. 37(a)(5)(A) is GRANTED, and Plaintiffs are ORDERED to pay TMMI $500.00 for the costs and attorney's…