Toyota Federal District Court Decisions

Young et al v. AGCO Corporation et al

Filed: February 21, 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 147 Motion for Leave to Appear Pro Hac Vice added W. David Conner for ASCO Valve, Inc., Goulds Pumps, Inc., Spence Engineering Company, and Union Carbide Corp. Signed by Magistrate Judge Dennis Howell on 02/20/14. (emw)

Young et al v. AGCO Corporation et al

Filed: February 20, 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 145 Motion for Leave to Appear Pro Hac Vice added Moffatt G. McDonald for ASCO Valve, Inc., Goulds Pumps, Inc., Spence Engineering Compan & Union Carbide Corp. Signed by Magistrate Judge Dennis Howell on 2/20/14. (ejb)

Plaintiff v. Defendant

Filed: February 20, 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 542 Notice of Voluntary Dismissal as to Defendants Hathaway Dinwiddie Group and Hathaway Dinwiddie Group Medical and Dental Plan filed by SOAR Surgery Center, LLC, Forest Ambulatory Surgical Associates, LP, Los Altos Surge ry Center, LP, Bay Area Surgical Group Inc., National Ambulatory Surgery Center, LLC, Knowles Surgery Center, LLC. ***Hathaway Dinwiddie Construction Compay (a California corporation) and Hathaway Dinwiddie Group Medical and Dental…

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

Filed: February 7, 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 that the 27 First Interrogatories and 28 Request for Production of Documents are hereby ordered by the Court to be STRICKEN and deleted from the file in this matter; further ORDERED counsel for claimant shall file with the Court on or before 2/21/2014 a full and complete report setting forth the reasons why counsel for claimant violated LCvR 26.2. Signed by Magistrate Judge Dennis Howell on 2/7/14. (ejb)

Plaintiff v. Defendant

Filed: February 7, 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 251 Notice of Voluntary Dismissal filed by Bay Area Surgical Group Inc. as to Canon Anelva Corp. ONLY. Canon Anelva Corp. (a Japan corporation) terminated. Signed by Judge Edward J. Davila on 2/7/2014. (ecg, COURT STAFF) (Filed on 2/7/2014)

Gloyna et al v. Toyota Motor Manufacturing North America, Inc. et al

Filed: January 29, 2014 as 2:2011cv00011
Court: Kentucky Eastern District Court
Defendant: Toyota Motor Sales, U.S.A., Inc., Toyota Motor Manufacturing North America, Inc., Toyota Motor Manufacturing, Kentucky, Inc.
Plaintiff: Dennis Gloyna
Nature of Suit: Motor Vehicle Product Liability

MEMORANDUM OPINION AND ORDER: Oral argument held on 1/24/2014 before Judge William O. Bertelsman regarding defendants' motion for summary judgment. Defendants' motion for summary judgment 42 is GRANTED. (Court Reporter Joan Averdick.)Signed by Judge William O. Bertelsman on 1/29/2014. (TJZ)cc: COR

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

Filed: January 28, 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 67 Motion to Seal Document. Signed by Magistrate Judge David S. Cayer on 1/28/2014. (blf)

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 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 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 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)