Toyota Federal District Court Decisions

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

Filed: January 24, 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 22 Motion to Compel and ORDERS Claimant to respond to the Government's discovery requests within ten (10) days of the entry of this Order. Signed by Magistrate Judge Dennis Howell on 01/23/14. (emw)

Plaintiff v. Defendant

Filed: January 9, 2014 as 5:2013cv05430
Court: California Northern District Court
Defendant: Plaintiff v. Defendant and others
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Employee Retirement Income Security Act of 1974

ORDER GRANTING 207 Notice of Voluntary Dismissal as to Diageo North America Inc. ONLY filed by Bay Area Surgical Group Inc. Diageo North America Inc. (a Connecticut corporation) terminated. Signed by Judge Edward J. Davila on 1/9/2014. (ecg, COURT STAFF) (Filed on 1/9/2014)

Plaintiff v. Defendant

Filed: January 9, 2014 as 5:2013cv05430
Court: California Northern District Court
Defendant: Plaintiff v. Defendant and others
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Employee Retirement Income Security Act of 1974

ORDER GRANTING 210 Notice of Voluntary Dismissal as to Defendants Trident Microsystems, Inc. and Trident Microsystems, Inc. Health and Welfare Benefit Plan filed by Bay Area Surgical Group Inc. Trident Microsystems, Inc. (a California corporation) and Trident Microsystems, Inc. Health and Welfare Benefit Plan terminated. Signed by Judge Edward J. Davila on 1/9/2014. (ecg, COURT STAFF) (Filed on 1/9/2014)

Plaintiff v. Defendant

Filed: January 9, 2014 as 5:2013cv05430
Court: California Northern District Court
Defendant: Plaintiff v. Defendant and others
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Employee Retirement Income Security Act of 1974

ORDER GRANTING 208 Notice of Voluntary Dismissal as to Defendant SCI Management, LLC ONLY filed by Bay Area Surgical Group Inc. SCI Management, LLC (a Minnesota limited liability company) terminated. Signed by Judge Edward J. Davila on 1/9/2014. (ecg, COURT STAFF) (Filed on 1/9/2014)

Plaintiff v. Defendant

Filed: January 9, 2014 as 5:2013cv05430
Court: California Northern District Court
Defendant: Plaintiff v. Defendant and others
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Employee Retirement Income Security Act of 1974

ORDER GRANTING 209 Notice of Voluntary Dismissal as to Defendant Dynamic Details Design, LLC ONLY filed by Bay Area Surgical Group Inc. Dynamic Details Design, LLC (a Delaware limited liability company) terminated. Signed by Judge Edward J. Davila on 1/9/2014. (ecg, COURT STAFF) (Filed on 1/9/2014)

Miller et al v. AGCO Corporation et al

Filed: January 8, 2014 as 1:2013cv00054
Court: North Carolina Western District Court
Defendant: AGCO Corporation, American Honda Motor Company, Inc., Briggs & Stratton Corporation, Crane Co., FMC Corporation, Ford Motor Company, Gardner Denver, Inc., Genuine Parts Company, Georgia-Pacific LLC, Goulds Pumps, Inc., H.B. Smith Company, Inc., Harley-Davidson Motor Company, Inc., Higbee, Inc., Honeywell International, Inc., Ingersoll Rand Company, John Crane, Inc., Kubota Tractor Corporation, McNally Industries, LLC, Metropolitan Life Insurance Company, Pfizer, Inc., Pneumo Abex LLC, RT Vanderbilt Company, Inc., Sterling Fluid Systems (USA), LLC, Toro Company, Toyota Motor Sales, USA, Inc., Union Carbide Corporation, A.W. Chesterton Company, ASCO Valve, Inc., Carver Pump Company, CBS Corporation, Crane Environmental, Inc., Crosby Valve, Inc. and others
Plaintiff: Ruby Carolyn Miller, Sara Workman
Nature of Suit: Asbestos Personal Injury Product Liability

ORDER granting 125 Motion for Leave to Appear Pro Hac Vice added Kevin P. Greene for AGCO Corporation. Signed by Magistrate Judge Dennis Howell on 01/08/14. (emw)

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

Filed: December 16, 2013 as 1:2013cv00694
Court: Colorado District Court
Defendant: Toyota Motor Engineering & Manufacturing North America Inc. ("TEMA"), Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Incorporated (TMS), Toyota Motor Corporation (TMC)
Plaintiff: Annette Henson, Randall Suba
Nature of Suit: Personal Injury- Product Liability

ORDER DISMISSING CASE for failure to prosecute, by Judge Richard P. Matsch on 12/16/2013. (rpmcd)

Weaver v. Toyota Motor Corporation et al

Filed: December 12, 2013 as 1:2011cv00025
Court: Arkansas Eastern District Court
Defendant: Toyota Motor Corporation, Toyota Motor Sales USA Inc, TK Holdings Inc
Plaintiff: Ricky Weaver
Nature of Suit: Personal Injury- Product Liability

ORDER re 89 Telephone Conference. Deposition of Mr. Hooker as an expert witness in this case is set for December 27, 2013. Signed by Judge Kristine G. Baker on 12/12/13. (kpr)

Weaver v. Toyota Motor Corporation et al

Filed: December 5, 2013 as 1:2011cv00025
Court: Arkansas Eastern District Court
Defendant: Toyota Motor Corporation, Toyota Motor Sales USA Inc, TK Holdings Inc
Plaintiff: Ricky Weaver
Nature of Suit: Personal Injury- Product Liability

ORDER re 84 Response (Non Motion), filed by Toyota Motor Corporation, Toyota Motor Sales USA Inc, 83 Objection filed by Ricky Weaver. The Court overrules plaintiff's objection 83 and orders Mr. Hooker to be present for deposition in Little Rock, AR on December 11 or 12, 2013, or provide the Court before 10:00 a.m. Central Time on December 9, 2013, good reason as to why Mr. Hooker is unavailable on those dates. The Court denies defendants' requests for costs…

USA v. $62,232.97 Seized from Vectra Bank Account # 4038009447 et al

Filed: November 22, 2013 as 1:2013cv00567
Court: Colorado District Court
Defendant: $2,796.60 Seized from Wells Fargo Bank Account # 6249808806, $340.76 Seized from Wells Fargo Bank Account # 8992266356, $490.15 Seized from Compass Bank Account # 6702084189, $100.00 Seized from Compass Bank Account # 6702116986, $600.00 Seized from Compass Bank Account # 6700789509, $2,198.38 Seized from Elevations Credit Union Account # 259658, $15,249.67 Seized from Compass Bank Account # 6701437681, $19,275.96 Seized from Compass Bank Account # 6700666156, $831,786.86 Seized from Compass Bank Account # 6700583218, $1,004,786.66 Seized from Compass Bank Account # 6701454918, $24,242.52 Seized from Compass Bank Account # 6700787573, $702.37 Seized from US Bank Account # 151702524431, $6,528.63 Seized from Vectra Bank Account # 4037230762, $62,232.97 Seized from Vectra Bank Account # 4038009447, $695.12 Seized from National Bank of Arizona Account # 50051578, 2011 Toyota Tacoma, VIN 3TMLU4EN6BM078859, 2013 Triumph Thunderbird ABS, VIN SMTB01TL3CJ521380, 710 Tenacity Drive, Unit 101, Longmont, Colorado, 66.51 County Road 1917, Linden, Texas
Plaintiff: USA
Nature of Suit: Other

JUDGMENT by Clerk in favor of USA against $1,004,786.66 Seized from Compass Bank Account # 6701454918, $100.00 Seized from Compass Bank Account # 6702116986, $15,249.67 Seized from Compass Bank Account # 6701437681, $19,275.96 Se ized from Compass Bank Account # 6700666156, $2,198.38 Seized from Elevations Credit Union Account # 259658, $24,242.52 Seized from Compass Bank Account # 6700787573, $490.15 Seized from Compass Bank Account # 6702084189,…

Premier Dealer Services, Inc. v. Duhon et al

Filed: November 22, 2013 as 2:2012cv01498
Court: Louisiana Eastern District Court
Defendant: Toyota of Poway, Scott Nietert, Wayne Skinnard, Premier Automotive Products L.L.C., Premier Nissan of Fremont, Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Automotive, L.L.C., Troy Duhon, Premier Quality Imports, L.L.C., Premier Asian Imports, L.L.C.
Plaintiff: Premier Dealer Services, Inc.
Nature of Suit: Trademark

ORDERED that 101 Motion for Sanctions based on Spoliation of Evidence is GRANTED IN PART AND DENIED IN PART as stated herein. Signed by Magistrate Judge Karen Wells Roby. (clm, )

USA v. $62,232.97 Seized from Vectra Bank Account # 4038009447 et al

Filed: November 22, 2013 as 1:2013cv00567
Court: Colorado District Court
Defendant: $2,796.60 Seized from Wells Fargo Bank Account # 6249808806, $340.76 Seized from Wells Fargo Bank Account # 8992266356, $490.15 Seized from Compass Bank Account # 6702084189, $100.00 Seized from Compass Bank Account # 6702116986, $600.00 Seized from Compass Bank Account # 6700789509, $2,198.38 Seized from Elevations Credit Union Account # 259658, $15,249.67 Seized from Compass Bank Account # 6701437681, $19,275.96 Seized from Compass Bank Account # 6700666156, $831,786.86 Seized from Compass Bank Account # 6700583218, $1,004,786.66 Seized from Compass Bank Account # 6701454918, $24,242.52 Seized from Compass Bank Account # 6700787573, $702.37 Seized from US Bank Account # 151702524431, $6,528.63 Seized from Vectra Bank Account # 4037230762, $62,232.97 Seized from Vectra Bank Account # 4038009447, $695.12 Seized from National Bank of Arizona Account # 50051578, 2011 Toyota Tacoma, VIN 3TMLU4EN6BM078859, 2013 Triumph Thunderbird ABS, VIN SMTB01TL3CJ521380, 710 Tenacity Drive, Unit 101, Longmont, Colorado, 66.51 County Road 1917, Linden, Texas
Plaintiff: USA
Nature of Suit: Other

Final ORDER of Forfeiture Only as to Certain Defendant Properties. The government's Motion For Final Order of Forfeiture Only as to Certain Defendant Properties [# 26 ] is GRANTED. A Certificate of Reasonable Cause, which this Order constitutes, is GRANTED as to all defendant property pursuant to 28 U.S.C. § 2465. By Judge Robert E. Blackburn on 11/22/2013.(klyon, )

Janice Feaster v. Toyota Motor North America Inc. et al

Filed: November 21, 2013 as 8:2011cv00321
Court: California Central District Court
Defendant: Toyota Motor Sales U.S.A., Inc., Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America Inc., Toyota Motor Corporation
Plaintiff: Janice Feaster
Nature of Suit: Asbestos Personal Injury Product Liability

ORDER on Stipulation of Dismissal by Judge James V. Selna: IT IS HEREBY ORDERED that this action is dismissed in its entirety with prejudice. Each party is to bear its own costs and fees, including, but not limited to, attorney's fees and expert fees. Case Terminated. Made JS-6. (lwag)

Childress v. Michalke et al

Filed: November 18, 2013 as 4:2010cv11008
Court: Michigan Eastern District Court
Defendant: Michael Michalke, Mark Hackel, Jim Hertel, Dann Burbeula, Thomas Kling, David Hallison, Keith Paolella, Clifton Morgan, Ted Dumas, Jerry Hanna, David Andrews, Brad Robinson, Ed Mason, Michael Bouchard, Christopher Cole, Charles Bernard, Russ Milne Ford, Russ Milne, Keith Daniel Batko, Cate Williams, Frank Anthony Sinatra, Land Rover Capital, Rose Johnston, Wells Fargo Auto Finance, Incorporated, Lynwood H Pernsley, Ford Motor Credit Company, Kathy Hall, Motor City Pawn Brokers II, Tony Aubrey, Sr, Toyota Credit-Lexus Financial, Laz Lastre, Mercedes Benz Financial and others
Plaintiff: Robert Childress
Nature of Suit: Civil Rights

ORDER Granting in Part Plaintiff's 210 Motion for Enlargement of Time and Denying Plaintiff's 211 Motion to Exceed Page Limitation, (Responses due by 12/4/2013). Signed by District Judge Mark A. Goldsmith. (Goltz, D)

Irene Corson et al v. Toyota Motor Sales USA Inc et al

Filed: November 14, 2013 as 2:2012cv08499
Court: California Central District Court
Defendant: Toyota Motor Corporation, Toyota Motor Sales USA Inc
Plaintiff: Susan M Yacks, Irene Corson
Nature of Suit: Other Contract

PROTECTIVE ORDER by Magistrate Judge Victor B. Kenton re Stipulation for Protective Order. The Court Orders that the terms of the parties Stipulated Confidentiality Agreement and Protective Order Regarding Non-Disclosure of Confidential Information shall govern the handling of such documents produced or disclosed by the parties in this case. (65) (SEE ORDER FOR FURTHER DETAILS) (gr)

Premier Dealer Services, Inc. v. Duhon et al

Filed: November 8, 2013 as 2:2012cv01498
Court: Louisiana Eastern District Court
Defendant: Toyota of Poway, Scott Nietert, Wayne Skinnard, Premier Automotive Products L.L.C., Premier Nissan of Fremont, Premier Nissan LLC, Premier Nissan of San Jose, LLC, Premier Automotive, L.L.C., Troy Duhon, Premier Quality Imports, L.L.C., Premier Asian Imports, L.L.C.
Plaintiff: Premier Dealer Services, Inc.
Nature of Suit: Trademark

ORDERED that 100 Motion to Compel is DENIED AS MOOT, DENIED IN PART, and GRANTED IN PART as set forth in document. FURTHER ORDERED that an award of reasonable expenses, including attorneys fees, and reasonable costs necessitated by the filing of this motion, pursuant to Rule 37(a)(5)(A) is awarded against Premier Dealer. FURTHER ORDERED that Defendants shall file a Motion to Fix Attorneys Fees into the record, no later than Wednesday, 12/4/2013. Signed by Magistrate Judge…

GILLETTE v. TOYOTA MOTOR SALES, U.S.A., INC. et al

Filed: November 7, 2013 as 1:2013cv03191
Court: New Jersey District Court
Defendant: JOHN DOE(S) 1-100, TOYOTA MOTOR SALES, U.S.A., INC.
Plaintiff: THERESA E. GILLETTE
Nature of Suit: Other Contract

OPINION. Signed by Judge Joseph E. Irenas on 11/7/2013. (tf, )

Childress v. Michalke et al

Filed: November 5, 2013 as 4:2010cv11008
Court: Michigan Eastern District Court
Defendant: Michael Michalke, Mark Hackel, Jim Hertel, Dann Burbeula, Thomas Kling, David Hallison, Keith Paolella, Clifton Morgan, Ted Dumas, Jerry Hanna, David Andrews, Brad Robinson, Ed Mason, Michael Bouchard, Christopher Cole, Charles Bernard, Russ Milne Ford, Russ Milne, Keith Daniel Batko, Cate Williams, Frank Anthony Sinatra, Land Rover Capital, Rose Johnston, Wells Fargo Auto Finance, Incorporated, Lynwood H Pernsley, Ford Motor Credit Company, Kathy Hall, Motor City Pawn Brokers II, Tony Aubrey, Sr, Toyota Credit-Lexus Financial, Laz Lastre, Mercedes Benz Financial and others
Plaintiff: Robert Childress
Nature of Suit: Civil Rights

ORDER Vacating the Court's 203 Order Adopting the Magistrate Judge's Report and Recommendation and Corresponding 204 Judgment and Providing Plaintiff Additional Time to File Objections, (Objections due by 11/20/2013). Signed by District Judge Mark A. Goldsmith. (Goltz, D)

Trice v. Toyota Motor Corporation et al

Filed: November 4, 2013 as 0:2010cv02804
Court: Minnesota District Court
Defendant: Toyota Motor Corporation, Toyota Motor North America, Inc., Calty Design Research, Inc., Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Manufacturing, Kentucky, Inc., Toyota Motor Sales, USA, Inc., Brooklyn Park Motors, Inc.
Plaintiff: Bridgette Trice
Nature of Suit: Motor Vehicle Product Liability

MEMORANDUM OPINION AND ORDER granting 293 Plaintiff-Intervenors' Motion to Alter/Amend/Supplement Pleadings; denying as moot 299 Plaintiff-Invervenors' Motion to Incorporate Plaintiffs' and Plaintiff Second-Intervenor's Pleadings in the Alternative (Written Opinion). Signed by Judge Ann D. Montgomery on 11/04/2013. (TLU)

Agcaoili v. Toyota Motor Sales USA Inc. et al

Filed: November 4, 2013 as 2:2012cv01471
Court: Nevada District Court
Defendant: Best Auto Service, Toyota Motor Corporation, Toyota Motor Sales USA Inc.
Plaintiff: Imelda Agcaoili
Nature of Suit: Motor Vehicle

ORDER Granting 36 Agreed Motion to Dismiss with Prejudice. Signed by Judge Andrew P. Gordon on 11/4/13. (Copies have been distributed pursuant to the NEF - EDS)