Toyota Federal District Court Decisions

Nance et al v. Toyota Motor Sales USA Incorporated et al

Filed: September 22, 2014 as 3:2013cv08011
Court: Arizona District Court
Defendant: Toyota Motor Sales USA Incorporated, TK Holdings, TK Holdings Incorporated, Takata Restraint Systems Incorporated, Toyota Motor Engineering & Manufacturing North America Incorporated, Toyota Motor Corporation, South Coast Toyota, Takata Corporation Incorporated, Takata Incorporated, Tokai Rika Company Limited, Takata Seatbelts Incorporated, Unknown Parties
Plaintiff: Patricia Nance, Katie Lee Nance
Nature of Suit: Motor Vehicle Product Liability

ORDER granting in part and denying in part 74 Motion for Summary Judgment. See order for details. Signed by Senior Judge Frederick J Martone on 9/22/2014.(LMR)

USA v. 927 Cole Street, Golden, Colorado et al

Filed: September 10, 2014 as 1:2011cv02106
Court: Colorado District Court
Claimant: Marie Dalton
Defendant: 927 Cole Street, Golden, Colorado, 2008 Toyota Highlander VIN #JTEES42A182076495
Plaintiff: USA
Nature of Suit: Other

ORDER. ORDERED that the Motion for Summary Judgment [Docket No. 78] filed by plaintiff the United States of America is GRANTED. All right, title, and interest in defendant property 927 Cole Street, Golden, Colorado is forfeited to plaintiff the United States of America. ORDERED that this case is CLOSED by Judge Philip A. Brimmer on 09/10/14.(jhawk, )

United States of America v. 2012 GMC Savana Van et al

Filed: September 1, 2014 as 2:2013cv00018
Court: North Carolina Western District Court
Defendant: Winchester 37 Shotgun, .12 Gauge, Winchester 1400MKII Shotgun, .12 Gauge, Winchester Shotgun, Unknown Caliber, Mossberg Rifle, Unknown Caliber, Unknown Rifle, Unknown Caliber, Winchester 94 Rifle, 30-30 Caliber, Serial Number: 6153035, Savage Rifle, .22 Caliber, Interarms Unknown Rifle, Unknown Caliber, Ithaca Gun Co. 37 Featherlight Shotgun, .20 Gauge, Winchester 94 Rifle, 30-30 Caliber, Serial Number: 1998499, Browning BPS Shotgun, .20 Gauge, Winchester 9422 Rifle, .22 Caliber, Browning Rifle, .243 Caliber, Winchester 255 Rifle, .22 Caliber, Winchester 70 Rifle, .243 Caliber, Henry Repeating Rifle Company H001, .22 Caliber, Taurus 72 Rifle, .22 Caliber, Savage 67F Shotgun, .410 Gauge, Taurus 62 Rifle, .22 Caliber, 6 Rounds Assorted Ammunition, .357 Caliber, Smith & Wesson 66 Revolver, .357 Caliber, Unique D2 Pistol, .22 Caliber, Ram-Line Inc. Exactor Pistol, .22 Caliber, 3 Rounds Hornaday Ammunition, .380 Caliber, Beretta Pietro S.P.A. 84B Pistol, .380 Caliber, 9 Rounds Remington Ammunition, .22 Caliber, Walther P22 Pistol, .22 Caliber, Heritage MFG Rough Rider Revolver, .22 Caliber, Mossberg 640KB Rifle, .22 Caliber, New England Pardner Shotgun, .20 Gauge, Ruger M77 Mark II Rifle, .260 Caliber, Winchester 94 Rifle, 30-30 Caliber, Serial Number: 5325134 and others
Plaintiff: United States of America
Nature of Suit: Drug Related Seizure of Property

ORDER re 53 Notice of Settlement. Signed by District Judge Martin Reidinger on 09/01/2014. (klb)

United States of America v. 2012 GMC Savana Van et al

Filed: August 29, 2014 as 2:2013cv00018
Court: North Carolina Western District Court
Defendant: Winchester 37 Shotgun, .12 Gauge, Winchester 1400MKII Shotgun, .12 Gauge, Winchester Shotgun, Unknown Caliber, Mossberg Rifle, Unknown Caliber, Unknown Rifle, Unknown Caliber, Winchester 94 Rifle, 30-30 Caliber, Serial Number: 6153035, Savage Rifle, .22 Caliber, Interarms Unknown Rifle, Unknown Caliber, Ithaca Gun Co. 37 Featherlight Shotgun, .20 Gauge, Winchester 94 Rifle, 30-30 Caliber, Serial Number: 1998499, Browning BPS Shotgun, .20 Gauge, Winchester 9422 Rifle, .22 Caliber, Browning Rifle, .243 Caliber, Winchester 255 Rifle, .22 Caliber, Winchester 70 Rifle, .243 Caliber, Henry Repeating Rifle Company H001, .22 Caliber, Taurus 72 Rifle, .22 Caliber, Savage 67F Shotgun, .410 Gauge, Taurus 62 Rifle, .22 Caliber, 6 Rounds Assorted Ammunition, .357 Caliber, Smith & Wesson 66 Revolver, .357 Caliber, Unique D2 Pistol, .22 Caliber, Ram-Line Inc. Exactor Pistol, .22 Caliber, 3 Rounds Hornaday Ammunition, .380 Caliber, Beretta Pietro S.P.A. 84B Pistol, .380 Caliber, 9 Rounds Remington Ammunition, .22 Caliber, Walther P22 Pistol, .22 Caliber, Heritage MFG Rough Rider Revolver, .22 Caliber, Mossberg 640KB Rifle, .22 Caliber, New England Pardner Shotgun, .20 Gauge, Ruger M77 Mark II Rifle, .260 Caliber, Winchester 94 Rifle, 30-30 Caliber, Serial Number: 5325134 and others
Plaintiff: United States of America
Nature of Suit: Drug Related Seizure of Property

ORDER granting 41 Motion for Dismissal of Firearms and Ammunition from this action. Signed by District Judge Martin Reidinger on 8/29/2014. (khm)

Cambor v. Toyota Financial Services Ameicas Corporation et al

Filed: August 29, 2014 as 1:2012cv02928
Court: Colorado District Court
Defendant: Toyota Financial Services Americas Corporation, GC Services Limited Partnership
Plaintiff: Roger Cambor
Nature of Suit: Consumer Credit

ORDER Denying 58 Motion for Summary Judgment re 59 and 61 : This civil action will be set for a pretrial conference and the plaintiff's motion to allow further discovery 60 will be considered at that conference, by Judge Richard P. Matsch on 8/29/2014.(jsmit)

McDonald et al v. Toyota Motor Corporation, a Japanese Corporation et al

Filed: August 28, 2014 as 1:2013cv00704
Court: Colorado District Court
Defendant: Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc.
Plaintiff: Leslie McDonald, Leslie (I) McDonald
Nature of Suit: Motor Vehicle Product Liability

ORDER extending stay of case until 10/15/2014, by Judge Raymond P. Moore on 8/28/2014. (trlee, )

Plaintiff v. Defendant

Filed: August 26, 2014 as 5:2014cv01476
Court: California Central District Court
Defendant: Plaintiff v. Defendant
Other Parties: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Employee Retirement Income Security Act of 1974

ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Beverly Reid O'Connell. Response to Order to Show Cause due by 9/16/2014. (rfi)

Ireland v. Groppetti Automotive et al

Filed: August 21, 2014 as 1:2013cv01686
Court: California Eastern District Court
Defendant: Groppetti Automotive, Groppetti LTD, Inc., Visalia Toyota
Plaintiff: Patrick G Ireland
Nature of Suit: Americans with Disabilities - Employment

Order after settlement, signed by Magistrate Judge Sheila K. Oberto on 8/20/2014. (Dismissal Pleadings Deadline: 9/1/2014) (Figueroa, O)

Lax et al v. Toyota Motor Corporation et al

Filed: August 14, 2014 as 3:2014cv01490
Court: California Northern District Court
Defendant: Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc.
Plaintiff: April Lax, Sonya Sanders, Shannon Norris, Greg Jones, Douglas Medland, Kimberly Buschmann
Nature of Suit: Other Contract

Order by Hon. William H. Orrick denying (35) Motion to Transfer Case in case 3:14-cv-01490-WHO. Associated Cases: 3:14-cv-01490-WHO, 3:14-cv-01884-WHO, 3:14-cv-03283-WHO (jmdS, COURT STAFF) (Filed on 8/14/2014)

United States of America v. One (1) 2008 Toyota Tundra

Filed: August 12, 2014 as 3:2012cv01439
Court: California Northern District Court
Defendant: One (1) 2008 Toyota Tundra
Plaintiff: United States of America
Nature of Suit: Drug Related Seizure of Property

JOINT STATUS REPORT; ORDER. The case is stayed for an additional six months or such time as the parties may request that the stay be lifted. The parties are directed to file with the Court, at the expiration of the stay or such earlier time as ordered by the Court or requested by the parties, a further Status Report. Signed by Judge Maxine M. Chesney on August 12, 2014. (mmclc2, COURT STAFF) (Filed on 8/12/2014)

Clark Material Handling Company v. Toyota Material Handling U.S.A., Inc.

Filed: August 8, 2014 as 3:2012cv00510
Court: North Carolina Western District Court
Defendant: Toyota Material Handling U.S.A., Inc.
Plaintiff: Clark Material Handling Company
Nature of Suit: Other Fraud

ORDER granting 105 Motion to Apply July 18, 2013 Protective Order to Depositions of Defendant's Officers. Plaintiff will be allowed to ask questions and use documents about strategy in the Southeast region during dep ositions of senior Toyota executives. Any inadvertently produced strategy documents that are not confined to the Southeast region are subject to the July 18, 2013 Protective Order and are not to be referenced during the depositions. Signed by Magistrate Judge David…

Weber v. Toyota Motor Sales, U.S.A., Inc.

Filed: August 6, 2014 as 1:2014cv00174
Court: North Carolina Western District Court
Defendant: Toyota Motor Sales, U.S.A., Inc.
Plaintiff: David Weber
Nature of Suit: Motor Vehicle Product Liability

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice added Harlan I. Prater, IV for Toyota Motor Sales, U.S.A., Inc.. Signed by Magistrate Judge Dennis Howell on 8/6/2014. (klb)

Davis v. Toyota Motor Corporation et al

Filed: July 17, 2014 as 3:2014cv00073
Court: Arkansas Eastern District Court
Defendant: Toyota Motor Corporation, Toyota Motor Sales USA Inc
Plaintiff: Melissa Davis
Nature of Suit: Motor Vehicle Product Liability

ORDER granting 10 Joint Motion to Stay. This action is hereby stayed pending completion of the settlement process. The Court directs the parties to file a joint status report every ninety days until the settlement process is complete. Signed by Judge J. Leon Holmes on 7/17/2014. (jak)

Hopson v. Vintage Investments Partnership, et al

Filed: July 14, 2014 as 2:2014cv00544
Court: California Eastern District Court
Defendant: Toyota North America, Inc., Vintage Investments Partnership
Plaintiff: Cynthia Hopson
Nature of Suit: Americans with Disabilities - Other

ORDER signed by Chief Judge Morrison C. England, Jr on 7/11/14 DISMISSING this action in its entirety WITH PREJUDICE pursuant to FRCP 41(a)(1). The parties shall bear their own costs and attorney fees in connection with the lawsuit and the negotiation and preparation of any agreement entered into by such parties. The Clerk of the Court is DIRECTED to close this case. CASE CLOSED. (Meuleman, A)

American Vehicular Sciences LLC v. Toyota Motor Corporation et al

Filed: July 10, 2014 as 6:2012cv00406
Court: Texas Eastern District Court
Defendant: Southeast Toyota Distributors, LLC, Gulf States Toyota, Inc, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Manufacturing, Kentucky, Inc., Toyota Motor Manufacturing, Indiana, Inc., Toyota Motor Corporation, TOYOTA MOTOR SALES, USA, INC., Gentex Corporation
Plaintiff: American Vehicular Sciences LLC
Nature of Suit: Patent

MEMORANDUM OPINION AND ORDER severing and staying all claims against Gulf States and transferring all actions and claims against the remaining Toyota defendants to the Eastern District of Michigan re motions filed in lead consolidated case 6:12cv404, #237 Opposed MOTION to Stay Pending Decision on Motion to Sever, Stay, and Transfer filed by Toyota Motor Manufacturing, Kentucky, Inc., Toyota Motor Corporation, Toyota Motor Manufacturing, Indiana, Inc., Toyota Motor Engineering &…

American Vehicular Sciences LLC v. Toyota Motor Corporation et al

Filed: July 10, 2014 as 6:2012cv00405
Court: Texas Eastern District Court
Defendant: Toyota Motor Corporation, TOYOTA MOTOR SALES, USA, INC., Southeast Toyota Distributors, LLC, Gulf States Toyota, Inc
Plaintiff: American Vehicular Sciences LLC
Nature of Suit: Patent

MEMORANDUM OPINION AND ORDER severing and staying all claims against Gulf States and transferring all actions and claims against the remaining Toyota defendants to the Eastern District of Michigan re motions filed in lead consolidated case 6:12cv404, #237 Opposed MOTION to Stay Pending Decision on Motion to Sever, Stay, and Transfer filed by Toyota Motor Manufacturing, Kentucky, Inc., Toyota Motor Corporation, Toyota Motor Manufacturing, Indiana, Inc., Toyota Motor Engineering &…

American Vehicular Sciences LLC v. Toyota Motor Corporation et al

Filed: July 10, 2014 as 6:2012cv00410
Court: Texas Eastern District Court
Defendant: Gulf States Toyota, Inc, Gentex Corporation, Toyota Motor Manufacturing, Kentucky, Inc., Toyota Motor Manufacturing, Indiana, Inc., Southeast Toyota Distributors, LLC, Toyota Motor Corporation, TOYOTA MOTOR SALES, USA, INC., Toyota Motor Engineering & Manufacturing North America, Inc.
Plaintiff: American Vehicular Sciences LLC
Nature of Suit: Patent

MEMORANDUM OPINION AND ORDER severing and staying all claims against Gulf States and transferring all actions and claims against the remaining Toyota defendants to the Eastern District of Michigan re motions filed in lead consolidated case 6:12cv404, #237 Opposed MOTION to Stay Pending Decision on Motion to Sever, Stay, and Transfer filed by Toyota Motor Manufacturing, Kentucky, Inc., Toyota Motor Corporation, Toyota Motor Manufacturing, Indiana, Inc., Toyota Motor Engineering &…

American Vehicular Sciences LLC v. Toyota Motor Corporation et al

Filed: July 10, 2014 as 6:2012cv00408
Court: Texas Eastern District Court
Defendant: Toyota Motor Corporation, TOYOTA MOTOR SALES, USA, INC., Southeast Toyota Distributors, LLC, Gulf States Toyota, Inc
Plaintiff: American Vehicular Sciences LLC
Nature of Suit: Patent

MEMORANDUM OPINION AND ORDER severing and staying all claims against Gulf States and transferring all actions and claims against the remaining Toyota defendants to the Eastern District of Michigan re motions filed in lead consolidated case 6:12cv404, #237 Opposed MOTION to Stay Pending Decision on Motion to Sever, Stay, and Transfer filed by Toyota Motor Manufacturing, Kentucky, Inc., Toyota Motor Corporation, Toyota Motor Manufacturing, Indiana, Inc., Toyota Motor Engineering &…

TOYOTA INDUSTRIAL EQUIPMENT MFG., INC. et al v. LAND

Filed: July 8, 2014 as 1:2014cv01049
Court: Indiana Southern District Court
Defendant: LINDE MATERIAL HANDLING NORTH AMERICA CORPORATION, DAVID K. LAND
Plaintiff: TOYOTA INDUSTRIAL EQUIPMENT MFG., INC., THE RAYMOND CORPORATION, TOYOTA MATERIAL HANDLING NORTH AMERICA, INC.
Nature of Suit: Other Statutory Actions

EXTENSION OF TEMPORARY RESTRAINING ORDER. Signed by Judge Jane Magnus-Stinson on 7/8/2014.(JD)

Johnny Ray Penegar Jr et al v. 3M Bondo Corporation et al

Filed: June 20, 2014 as 2:2013cv03709
Court: California Central District Court
Defendant: Parker Hannifin Corporation, Owens-Illinois, Inc., Norfolk Southern Corporation, Navistar, Inc., NMBFIL, Inc., Metalclad Insulation Corporation, Maremont Corporation, Mack Trucks, Inc., Kentile Floors, Inc., Kelsey-Hayes Company, Kaiser Gypsum Company, Inc., John Crane, Inc., Jerguson Gage & Valve Company, International Truck and Engine Corporation, IMO Industries, Inc., Honeywell International, Inc., Hill Brothers Chemical Company, Haldex Brake Products Corporation, Goulds Pumps, Inc., Georgia-Pacific LLC, Genuine Parts Company, General Electric Company, Fraser's Boiler Service, Inc., Foster Wheeler Energy Corporation, Ford Motor Company, Flowserve (US), Inc., FMC Corporation, Edelbrock Corporation, Eaton Corporation, Dowman Products, Inc., Domco Products Texas, L.P., Does and others
Plaintiff: Johnny Ray Penegar, Jr., Carra Jane Penegar
Nature of Suit: Asbestos Personal Injury Product Liability

JUDGMENT FOLLOWING ORDER GRANTING SUMMARY JUDGMENT ON BEHALF OF DEFENDANT MACK TRUCKS, INC. by Judge Audrey B. Collins, in favor of Mack Trucks, Inc. against Carra Jane Penegar, Johnny Ray Penegar, Jr.: This Motion for Summary Judgment by Defendant Mack Trucks, Inc. came on for hearing before the Court on June 9, 2014, the Honorable Audrey B. Collins, District Judge, presiding. After consideration of the evidence presented, the issues having been duly heard and a decision having…