Toyota Federal District Court Decisions

Premier Dealer Services, Inc. v. Duhon et al

Filed: November 1, 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

ORDER AND REASONS denying re 105 MOTION to Dismiss for Failure to State a Claim , denying 68 First MOTION to Dismiss for Failure to State a Claim . Signed by Judge Jane Triche Milazzo on 11/1/2013.(Reference: All Cases)(mmm)

Martens Cars of Washington, Inc. et al v. Nippon Yusen Kabushiki Kaisha et al

Filed: October 31, 2013 as 3:2013cv02696
Court: California Northern District Court
Defendant: Nippon Yusen Kabushiki Kaisha, NYK Line (North America) Inc., Mitsui O.S.K. Lines Ltd., Kawasaki Kisen Kaisha Ltd., "K" Line America, Inc., Wilh. Wilhelmsen Holding ASA, Wallenius Lines AB, Wilh. Wilhelmsen ASA, Wallenius Wilhelmsen Logistics AS, Wallenius Wilhelmsen Logistics Americas LLC, Eukor Car Carriers Inc., Compania Sud Americana de Vapores S.A., CSAV Agency North America, LLC
Plaintiff: Martens Cars of Washington, Inc., Hudson Charleston Acquisition, LLC, John O'Neil Johnson Toyota, LLC, Hudson Gastonia Acquisition, LLC, HC Acquisition, LLC, Desert European Motorcars, Ltd.
Nature of Suit: Antitrust

CONDITIONAL TRANSFER ORDER (CTO-1) by The United States Judicial Panel on Multidistrict Litigation TRANSFERRING CASE to the United States District Court for the District of New Jersey, MDL No. 2471. (Attachments: #(1) Record Request Letter) (tnS) (Filed on 10/31/2013)

Christopher C Curtis v. Abb Inc et al

Filed: October 29, 2013 as 2:2012cv02014
Court: California Central District Court
Defendant: Abb Inc, American Insulated Wire Corporation, Borg Warner Morse Tec Inc, Bridgestone Firestone North American Tire LLC, CBS Corporation, Certainteed Corporation, Cooper Industries LLC, Dana Companies LLC, Dap Products Inc, Does, Douglas Insulation Inc, Eaton Corporation, Edelbrock Corporation, Ericsson Inc, General Cable Industries Inc, General Cable Technologies Corporation, General Electric Company, Genuine Parts Company, Goodrich Corporation, Goulds Electronics, Graybar Electric Company Inc, Hill Brothers Chemical Corporation, Honeywell International, IMO Industries Inc, Industrial Holdings Corporation, J M Manufacturing Company, J T Thorpe and Son Inc, Kaiser Gypsum Company, Maremont Corporation, Metalcald Insulation Corporation, Occidental Chemical Corporation, Okonite Company and others
Other Parties: Thomas Jeffrey Moses
Plaintiff: Charles C Curtis
Nature of Suit: Asbestos Personal Injury Product Liability

JUDGMENT by Judge Percy Anderson: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants Reichhold Industries, Inc., The Okonite Company, Inc., Rogers Corporation, Schneider Electric USA, Inc., Eaton Corporation, and ABB, Inc. (collectively the "Summary Judgment Defendants") shall have judgment in their favor against Plaintiff. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs claims against the Summary Judgment Defendants are dismissed with prejudice. IT IS…

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

Filed: October 21, 2013 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

STIPULATION ON MOTION FOR INTERLOCUTORY PUBLIC JUDICIAL SALE AND ORDER THEREON. Signed by Judge Maxine M. Chesney on October 21, 2013. (mmclc2, COURT STAFF) (Filed on 10/21/2013)

Premier Dealer Services, Inc. v. Duhon et al

Filed: October 21, 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 133 Motion to Quash Deposition of A. Kurt Wolery is DENIED. Signed by Magistrate Judge Karen Wells Roby. (clm, )

Germain Real Estate Company, LLC et al v. HCH Toyota LLC et al

Filed: October 11, 2013 as 5:2013cv05069
Court: Arkansas Western District Court
Defendant: HCH Toyota LLC, Metropolitan National Bank
Plaintiff: Germain Real Estate Company, LLC, GM Enterprises, LLC
Nature of Suit: Other Contract

MEMORANDUM OPINION AND ORDER denying 51 Motion for Reconsideration. Signed by Honorable P. K. Holmes, III on October 11, 2013. (adw)

USA v. 2010 Toyota 4-Runner VIN JTEBU5JR8A5027566 et al

Filed: October 8, 2013 as 1:2013mc00053
Court: Colorado District Court
Defendant: $2,036.00 In United States Currency, 2010 Toyota 4-Runner VIN JTEBU5JR8A5027566
Plaintiff: USA

ORDER granting 4 Motion to Dismiss, by Magistrate Judge Craig B. Shaffer on 10/08/2013.(skl)

United States of America v. Approximately $94,500.00 in U.S. Currency et al

Filed: September 30, 2013 as 1:2012cv00426
Court: California Eastern District Court
Claimant: Brendan Grammer, Joel Scott Rowntree, Shellie Marie Grammer
Defendant: 2011 Toyota Tundra Crewmax, VIN: 5TFHY5F17BX196697, License: 554FDT, Approximately $1,800.00 in U.S. Currency, Approximately $94,500.00 in U.S. Currency
Plaintiff: United States of America
Nature of Suit: Drug Related Seizure of Property

FINAL JUDGMENT of FORFEITURE signed by Magistrate Judge Michael J. Seng on 9/30/2013. (Marrujo, C)

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

Filed: September 19, 2013 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

ORDER DIRECTING CLAIMANT GRAVES TO SUBMIT CHAMBERS COPIES OF DOCUMENTS IN COMPLIANCE WITH CIVIL LOCAL RULES AND THE COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on September 19, 2013. (mmclc2, COURT STAFF) (Filed on 9/19/2013)

UNITED STATES OF AMERICA v. One 2007 Toyota Camry

Filed: September 13, 2013 as 5:2012cv06541
Court: California Northern District Court
Defendant: One 2007 Toyota Camry
Plaintiff: UNITED STATES OF AMERICA
Nature of Suit: Drug Related Seizure of Property

ORDER by Judge Lucy H. Koh granting 12 Motion for Default Judgment; adopting Report and Recommendations as to 13 Report and Recommendations. (lhklc3, COURT STAFF) (Filed on 9/13/2013)

UNITED STATES OF AMERICA v. $722.31 IN FUNDS FROM COASTAL FEDERAL CREDIT UNION ACCOUNT ENDING IN 6442, IN THE NAMES OF CLAUDE VERBAL AND PAMELA VERBAL et al

Filed: September 9, 2013 as 1:2012cv01096
Court: North Carolina Middle District Court
Defendant: $722.31 IN FUNDS FROM COASTAL FEDERAL CREDIT UNION ACCOUNT ENDING IN 6442, IN THE NAMES OF CLAUDE VERBAL AND PAMELA VERBAL, $765,194.63 IN FUNDS FROM COASTAL FEDERAL CREDIT UNION ACCOUNT ENDING IN 2326, IN THE NAME OF INFINITE WELLNESS CONCEPTS, 2011 TOYOTA CAMRY XLE, VIN 4T1BF3EK1BU195486, 7-CARAT DIAMOND RING, CUSTOM BLACK DIAMOND CROSS CHARM, MEN'S 22 CTW DIAMOND BRACELET, MEN'S DIAMOND WATCH
Plaintiff: UNITED STATES OF AMERICA
Nature of Suit: Other

ORDER signed by JUDGE CATHERINE C. EAGLES on 09/09/2013 adopting the Magistrate Judge's Recommendation; that the Plaintiff's Oral Motion to Dismiss (July 8, 2013 Docket Entry) is GRANTED, Claimant's Verified Forfeiture Claim (Doc. 7 ) is DISMISSED and his related Answer (Doc. 10 ) is STRICKEN. (Garland, Leah)

Davis v. Toyota Motor Credit et al

Filed: September 6, 2013 as 4:2012cv00287
Court: Texas Southern District Court
Defendant: Country Wide Asset and Auto Recovery, Toyota Motor Credit
Plaintiff: Veronica L Davis
Nature of Suit: Other Personal Property Damage

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 81 Memorandum and Recommendations, granting 40 First MOTION for Summary Judgment, denying 63 MOTION for Summary Judgment, denying 80 MOTION to Transfer Case to The Honorable Sim Lake. Defendant has twenty (20) days from the date of this Order to supplement its discovery with the deposition of the repossession agent. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)

United States of America v. One 2012 Toyota Tacoma Truck, VIN 3TMMU4FNOCM044260 et al

Filed: September 5, 2013 as 4:2013cv02648
Court: California Northern District Court
Defendant: One 2012 Toyota Tacoma Truck, VIN 3TMMU4FNOCM044260, Approximately $28,515.33 in Assorted Gold and Silver Bars and Coins
Plaintiff: United States of America
Nature of Suit: Drug Related Seizure of Property

STIPULATION AND ORDER FOR STAY OF PROCEEDINGS PURSUANT TO 18 U.S.C. § 981(G)(1) AND (2) re 16 STIPULATION WITH PROPOSED ORDER. The civil forfeiture proceeding is stayed until the completion of the criminal proceeding in the United States D istrict Court or until such earlier time as either party, or this Court, may request that the matter be heard. The parties shall submit a joint status report on the related criminal investigation within 60 days of the date of this Order, and…

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

Filed: August 22, 2013 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, with the exception of the pending motion for interlocutory sale, until February 21, 2014, by which time the parties shall file a further status report. Signed by Judge Maxine M. Chesney on August 22, 2013. (mmclc2, COURT STAFF) (Filed on 8/22/2013)

Germain Real Estate Company, LLC et al v. HCH Toyota LLC et al

Filed: August 21, 2013 as 5:2013cv05069
Court: Arkansas Western District Court
Defendant: HCH Toyota LLC, Metropolitan National Bank
Plaintiff: Germain Real Estate Company, LLC, GM Enterprises, LLC
Nature of Suit: Other Contract

MEMORANDUM OPINION AND ORDER. This case is DISMISSED WITH PREJUDICE. Judgment to be entered contemporaneously with this order. Signed by Honorable P. K. Holmes, III on August 21, 2013. (jas)

Germain Real Estate Company, LLC et al v. HCH Toyota LLC et al

Filed: August 21, 2013 as 5:2013cv05069
Court: Arkansas Western District Court
Defendant: HCH Toyota LLC, Metropolitan National Bank
Plaintiff: Germain Real Estate Company, LLC, GM Enterprises, LLC
Nature of Suit: Other Contract

JUDGMENT. This case is DISMISSED WITH PREJUDICE. ***Civil Case Terminated. Signed by Honorable P. K. Holmes, III on August 21, 2013. (jas)

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

Filed: August 20, 2013 as 3:2012cv02672
Court: California Northern District Court
Defendant: Toyota Motor Sales, U.S.A., Inc.
Plaintiff: Mui Ho
Nature of Suit: Other Statutory Actions

STIPULATION AND ORDER Extending Deadlines and Continuing Trial Date. Discovery due by 5/8/2014. Motion Hearing set for 6/6/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Pretrial Conference set for 7/18/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Jury Trial set for 7/28/2014 09:30 AM and Jury Selection set for 7/28/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by…

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

Filed: August 19, 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 Granting 41 MOTION to Withdraw as Attorney and Michael S. Burg, Reeves D. Whalen, Seth Alan Katz and Holly Baer Kammerer have no further responsibility as counsel for the plaintiff in this action. It is FURTHER ORDERED that Randall Suba shall have 30 days, to and including September 18, 2013, within which to obtain new counsel or indicate his readiness to proceed to represent himself without counsel, failing in which this civil action will be dismissed for failure to…

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

Filed: August 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 OF DISMISSAL re 39 and 43 : Plaintiff Annette Hensons claims are dismissed with prejudice, each party to bear their own costs and attorneys' fees, by Judge Richard P. Matsch on 8/16/2013. (rpmcd)

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

Filed: August 5, 2013 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 11 Motion to Compel. See Order for further details. Signed by Magistrate Judge Dennis Howell on 08/05/13. (emw)