Sitafalwalla v. Toyota Motor Sales, U.S.A., Inc.
Amir Sitafalwalla |
Toyota Motor Sales, U.S.A., Inc. |
2:2008cv03001 |
July 23, 2008 |
US District Court for the Eastern District of New York |
Motor Vehicle Prod. Liability Office |
Nassau |
E. Thomas Boyle |
Thomas C. Platt |
Defendant |
Diversity |
28:1332 Diversity-Motor Vehicle Product Liability |
Docket Report
This docket was last retrieved on April 6, 2011. A more recent docket listing may be available from PACER.
Document Text |
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Filing 80 JUDGMENT IN A CIVIL CASE; IT IS ORDERED AND ADJUDGED that judgment is entered in favor of the defendant Toyota Motor Sales, U.S.A., Inc. against the plaintiff Amir Sitafalwalla. The complaint is dismissed with prejudice. This action was tried by a jury with Judge E. Thomas Boyle, USMJ presiding, and the jury has rendered a verdict.(Judgment signed by Deputy Clerk). (Lundy, Lisa) |
Filing 79 ORDER OF SUSTENANCE During trial, Deliberating, Lunch. Ordered by Magistrate Judge E. Thomas Boyle on 4/1/2011. (Lundy, Lisa) |
Filing 78 COURT EXHIBIT 1-3 (#1 Jury Charge) (#2, #3 Jury Notes) (Lundy, Lisa). |
Filing 77 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Jury Trial held on 4/1/2011, Plaintiff's closing statements; Defendant's closing statements; Rebuttal; Jury charged; Jury deliberates. The Jury reaches a verdict. Verdict in favor of the defendant Toyota Motor Sales, USA, Inc.; Jury Trial completed on 4/1/2011 (Court Reporter Paul Lombardi.) (Lundy, Lisa) |
Filing 76 JURY VERDICT (Marked as Court Exhibit 4) (Lundy, Lisa) |
Filing 75 Exhibit List by Amir Sitafalwalla, Toyota Motor Sales, U.S.A., Inc.. (Lundy, Lisa) |
Filing 74 Witness List And Exhibit List (Lundy, Lisa) |
Filing 73 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Jury Trial held on 3/31/2011,Defendant rests:Plaintiff rests;Juror #4 excused:Motion To Dismiss by Defendants; Plaintiffs' opposition; Motion to Dismiss denied; Charging conference; ( Jury Trial set for 4/1/2011 09:30 AM in Courtroom 830 before Magistrate Judge E. Thomas Boyle.) (Court Reporter Harry Rapaport.) (Lundy, Lisa) |
Filing 72 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Jury Trial held on 3/30/2011,Plaintiff rests; ( Jury Trial set for 3/31/2011 09:30 AM in Courtroom 830 before Magistrate Judge E. Thomas Boyle.) (Court Reporter Paul Lombardi.) (Lundy, Lisa) |
Filing 71 Exhibit And Witness List as to Hearing before Mag. Judge Boyle on 3/29/11. (Lundy, Lisa) |
Filing 70 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Jury Trial held on 3/29/2011, Evidentiary Hearing;Dauber Hearing conducted; ( Jury Trial set for 3/30/2011 09:30 AM in Courtroom 830 before Magistrate Judge E. Thomas Boyle.) (Court Reporter Paul Lombardi.) (Lundy, Lisa) |
Filing 69 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Jury Selection held on 3/28/2011, Jurors selected and sworn; Jury Trial held on 3/28/2011, Plaintiff opens; Defendant opens ( Jury Trial set for 3/29/2011 10:00 AM in Courtroom 830 before Magistrate Judge E. Thomas Boyle.) (Court Reporter Paul Lombardi.) (Lundy, Lisa) |
Filing 68 ORDER Consent To Proceed Before United States Magistrate Law Clerk For Purposes Of A Civil Jury Selection. Ordered by Magistrate Judge E. Thomas Boyle on 4/1/2011. (Lundy, Lisa) |
Filing 67 Exhibit List (Joint Pre-Marked) by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 66 ORDER granting 59 Motion in Limine: The application by the defendant to bifurcate the trial on liability and damages, pursuant to Federal Rule of Civil Procedure 42(b), is granted in the exercise of discretion, based on the considerations set forth in the Rule and based on the consent of all parties. So Ordered by Magistrate Judge E. Thomas Boyle on 3/25/2011. (Minerva, Deanna) |
Filing 65 ORDER granting 58 Motion to Compel. Ordered by Magistrate Judge E. Thomas Boyle on 3/25/2011. (Lundy, Lisa) |
Filing 64 Proposed Jury Instructions by Toyota Motor Sales, U.S.A., Inc. (Scumaci, Robert) |
Filing 63 Proposed Voir Dire by Toyota Motor Sales, U.S.A., Inc. (Scumaci, Robert) |
Filing 62 Proposed Findings of Fact by Amir Sitafalwalla (Attachments: # 1 Affidavit of Service) (Statfeld, George) |
Filing 61 REPLY in Support re 51 MOTION in Limine No. 1, 53 MOTION in Limine No. 2, 55 MOTION in Limine No. 4, 54 MOTION in Limine No. 3 filed by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 60 Letter to JUDGE BOYLE by Amir Sitafalwalla (Statfeld, George) |
Filing 59 MOTION in Limine to Bifurcate Trial by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 58 Letter MOTION To Compel The Court for permission to present evidence electronically by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) Modified on 3/22/2011 (Lundy, Lisa). |
Filing 57 Letter TO JUDGE BOYLE RE RULES by Amir Sitafalwalla (Statfeld, George) |
Filing 56 REPLY in Opposition re 51 MOTION in Limine No. 1 filed by Amir Sitafalwalla. (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Statfeld, George) |
Filing 55 MOTION in Limine No. 4 by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 54 MOTION in Limine No. 3 by Toyota Motor Sales, U.S.A., Inc.. (Attachments: # 1 Exhibit A) (Scumaci, Robert) |
Filing 53 MOTION in Limine No. 2 by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 52 RESPONSE in Opposition re 51 MOTION in Limine No. 1 filed by Amir Sitafalwalla. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Statfeld, George) |
Filing 51 MOTION in Limine No. 1 by Toyota Motor Sales, U.S.A., Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Scumaci, Robert) |
Filing 50 Witness List by Toyota Motor Sales, U.S.A., Inc. (Scumaci, Robert) |
Filing 49 Letter to USDC by Amir Sitafalwalla (Statfeld, George) |
Filing 48 Letter to court by Amir Sitafalwalla (Statfeld, George) |
Filing 47 Letter TO COURT by Amir Sitafalwalla (Attachments: # 1 Supplement) (Statfeld, George) |
Filing 46 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference by telephone held on 2/18/2011 (Tape #11:05-11:19.) (Lundy, Lisa) |
Filing 45 Letter in response to plaintiff's letter (Doc 44) by Toyota Motor Sales, U.S.A., Inc. (Attachments: # 1 Exhibit) (Scumaci, Robert) |
SCHEDULING ORDER: re 43 MOTION to Compel filed by Toyota Motor Sales, U.S.A., Inc., 44 Letter filed by Amir Sitafalwalla. A telephone conference shall be held on February 18, 2011 at 11:00 a.m. Plaintiff's counsel shall initiate the call and have all counsel on the line before connecting the court (631-712-5710). The conference call must be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 2/15/2011. (Joy, Dolores) |
Filing 44 Letter requesting a conference be scheduled with all parties by Amir Sitafalwalla (Zafonte, Albert) |
Filing 43 Letter requesting telephoned status conference by Toyota Motor Sales, U.S.A., Inc. (Attachments: # 1 Exhibit) (Scumaci, Robert) Modified on 2/15/2011 (Lundy, Lisa). |
Filing 42 NOTICE by MDL Co-Lead Liaison Counsel Notice of Potential Tag-Along Action (Attachments: # 1 Schedule of Actions, # 2 Certificate of Service, # 3 Docket and Complaint of Related Action) (Hazam, Lexi) |
Filing 41 SCHEDULING ORDER: The jury selection previously scheduled for March 21, 2011 at 1:00 p.m. is rescheduled to March 28, 2011 at 9:30 a.m. All counsel are directed to appear. The trial in this action will commence immediately following the jury selection on March 28, 2011. So Ordered by Magistrate Judge E. Thomas Boyle on 2/8/2011. (Minerva, Deanna) |
Filing 40 NOTICE of Appearance by Randy Bibb on behalf of Toyota Motor Sales, U.S.A., Inc. (notification declined or already on case) (Bibb, Randy) |
ORDER granting 39 Motion for Leave to Appear pro hac vice as to attorney John Randolph Bibb, Jr. Mr. Bibb is permitted to argue or try this case in whole or in part as counsel or advocate. Mr. Bibb shall register for ECF. Registration is available online at the E.D.N.Y. homepage. Once registered, Mr. Bibb shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge E. Thomas Boyle on 1/13/2011. (Joy, Dolores) |
Filing 39 Notice of MOTION for Leave to Appear Pro Hac Vice Notice of Motion To Admit Counsel Pro Hac Vice Filing fee $ 25, receipt number 0207-4563054. by Toyota Motor Sales, U.S.A., Inc.. (Attachments: # 1 Affidavit in Support, # 2 Exhibit) (Bibb, Randy) |
Filing 38 NOTICE re: Procedures for Trial before Magistrate Judge E. Thomas Boyle. SEE document for details. (Joy, Dolores) |
Filing 37 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference by phone held on 12/7/2010, ( Jury Selection set for 3/21/2011 01:00 PM in Courtroom 830 before Magistrate Judge E. Thomas Boyle., Jury Trial set for 3/28/2011 09:30 AM before Magistrate Judge E. Thomas Boyle.) Any in limine motions shall be fully briefed and filed by March 14, 2011. (So ordered by Mag. Judge Boyle on 12/7/10).(Tape #2:33-2:43.) (Lundy, Lisa) |
Filing 36 Proposed Pretrial Order (Joint) by Toyota Motor Sales, U.S.A., Inc. (Attachments: # 1 Certificate of Service) (Scumaci, Robert) |
Filing 35 CONSENT to Jurisdiction by US Magistrate Judge by Amir Sitafalwalla, Toyota Motor Sales, U.S.A., Inc. Case reassigned to Magistrate Magistrate Judge E. Thomas Boyle. Ordered by Senior Judge Thomas C. Platt on 11/18/2010. (Glueckert, Lisa) |
ORDER granting 34 Motion for Extension of Time to File: The deadline for filing a joint pre-trial order is extended to December 7, 2010. So Ordered by Magistrate Judge E. Thomas Boyle on 11/5/2010. (Minerva, Deanna) |
Filing 34 Letter MOTION for Extension of Time to File Joint PreTrial Order by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 33 CONSENT to Jurisdiction by US Magistrate Judge by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 32 ORDER. The parties shall file a joint pre-trial order, consistent with Judge Platt's individual rules, on or before November 15, 2010. The final conference remains, as scheduled, on December 7, 2010 at 2:30 p.m. by phone. Plaintiff's counsel shall initiate the call and have all counsel on the line before connecting the court (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 10/12/2010. Plaintiff's counsel is directed to serve a copy of this order on all counsel upon receipt. (Joy, Dolores) |
Minute Order. for proceedings held before Senior Judge Thomas C. Platt: Motion Hearing held on 10/1/2010 re 28 MOTION for Partial Summary Judgment filed by Toyota Motor Sales, U.S.A., Inc.. Counsel for all sides present. Motion argued; oral order denying 28 Motion for Partial Summary Judgment (Court Reporter Mary Ann Stieger.) (McMorrow, Karen) |
Filing 31 ORDER granting 27 Motion to Adjourn Conference. Oral argument reset for 10/1/2010 at 11:00 AM before Senior Judge Thomas C. Platt. Ordered by Judge Platt on 9/7/2010. (Glueckert, Lisa) |
Filing 30 REPLY in Support re 28 MOTION for Partial Summary Judgment filed by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 29 RULE 56.1 STATEMENT re 28 MOTION for Partial Summary Judgment filed by Amir Sitafalwalla. (Attachments: # 1 Affidavit in Opposition, # 2 Exhibit List, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Affidavit in Opposition, # 13 Affidavit in Opposition, # 14 Affidavit in Opposition, # 15 Affidavit in Opposition, # 16 Affidavit in Opposition, # 17 Memorandum in Opposition) (Scumaci, Robert) |
Filing 28 MOTION for Partial Summary Judgment by Toyota Motor Sales, U.S.A., Inc.. (Attachments: # 1 Rule 56.1 Statement, # 2 Affidavit of Karl Stopschinski in support, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Memorandum in Support) (Scumaci, Robert) |
Filing 27 Letter MOTION to Continue/adjourn conference currently set for 9/7/2010 by Amir Sitafalwalla (Statfeld, George) Modified letter entry into a motion on 9/8/2010 (Glueckert, Lisa). |
Filing 26 Letter confirming summary judgment deadline dates by Toyota Motor Sales, U.S.A., Inc. (Scumaci, Robert) |
ENDORSED ORDER granting 25 Motion to Strike the deadline for the filing of a pre-trial order. Application is granted. Discovery is certified as complete. The final conference is adjourned to 12/7/10 at 2:30 p.m. by phone. Plaintiff's counsel shall initiate the call and have all counsel on the line before connecting the court (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 4/26/2010. (Joy, Dolores) |
Filing 25 Letter Motion to strike the deadline for the pretrial order currently schedule Re intent to file motion for summary judgment by Toyota Motor Sales, U.S.A., Inc. (Crosby, Brian) Modified on 4/26/2010 (Lundy, Lisa). |
Filing 24 ANSWER to 22 Amended Complaint by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 23 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference by phone held on 3/22/2010; For the reasons stated on the record, the Amended Complaint is "so ordered" without objection. Defendant shall answer within 10 days. The parties are authorized to continue expert discovery to the limited extent that plaintiff is authorized to file a supplemental expert report and defendant is authorized to conduct a deposition limited to same on or before 4/15/10. (So ordered by Mag. Judge Boyle on 3/22/10). (Tape #11:04-11:17.) (Lundy, Lisa) |
Filing 22 AMENDED COMPLAINT Amended Summons with Jury Demand against Toyota Motor Sales, U.S.A., Inc., filed by Amir Sitafalwalla. (Zafonte, Albert) |
Filing 21 SCHEDULING ORDER: A conference shall be held by telephone at 11:00 a.m. on March 22, 2010, with E. Thomas Boyle, United States Magistrate Judge. All counsel shall participate. Plaintiff's counsel is directed to initiate the conference call and have all parties on the line before connecting the court (631-712-5710). The call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 3/5/2010. (Joy, Dolores) |
ENDORSED ORDER granting 19 Motion for Extension of Time to Complete Discovery. While plaintiff fails to show "good cause," much less the standard applicable here of "manifest injustice," see order dated 7/29/08 at 2, No. 4, discovery will be extended to March 30, 2010. This is the final extension. SEE order dated 12/15/09. A joint pre-trial order, consistent with Judge Platt's individual rules, shall be filed on 4/30/10. The final conference shall be held on 5/18/10 at 2:30 p.m. by phone. Plaintiff's counsel shall initiate the call and have all counsel on the line before connecting the court (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 1/26/2010. Plaintiff's counsel is directed to notify all counsel of this order upon receipt. (Joy, Dolores) |
Filing 20 Letter in response to plaintiff's request for discovery extension (Doc 19) by Toyota Motor Sales, U.S.A., Inc. (Scumaci, Robert) |
Filing 19 Letter Motion to extend time for Discovery Request from Robert G Scumaci, Esq by Amir Sitafalwalla. (Zafonte, Albert) Modified on 1/26/2010 (Lundy, Lisa). |
ORDER denying 18 Motion for Leave to File. No such leave is required under Judge Platt's rules. The parties should proceed with any summary judgment motion consistent with such rules. Ordered by Magistrate Judge E. Thomas Boyle on 1/19/2010. (Joy, Dolores) |
Filing 18 Letter MOTION for Leave to File Motion for Summary Judgment by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 17 ORDER denying 14 Motion for Extension of Time to Complete Discovery; denying 16 Motion for Extension of Time to Complete Discovery. For the foregoing reasons, the requested extension is denied. The parties shall continue to comply with the August 26, 2009 order, which provides that all discovery be completed by January 4, 2010. A joint pre-trial order shall be filed by March 1, 2010. The final conference is rescheduled to March 30, 2010 at 10:00 a.m. by phone. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 12/15/2009. (Joy, Dolores) |
Filing 16 Letter MOTION for Extension of Time to Complete Discovery (further request) by Toyota Motor Sales, U.S.A., Inc.. (Attachments: # 1 Certificate of Service) (Scumaci, Robert) |
Filing 15 Letter in response to plaintiffs re extension of D&I (Doc #14) by Toyota Motor Sales, U.S.A., Inc. (Scumaci, Robert) |
Filing 14 Letter Motion for an extension of time to complete discovery to USDC re extension of D&I by Amir Sitafalwalla (Statfeld, George) Modified on 12/14/2009 (Glueckert, Lisa). |
ORDER granting 12 Motion for Extension of Time to Complete Discovery: The parties' proposed Revised Discovery Plan is So Ordered. All discovery, including expert discovery, is extended to January 4, 2010. Any request to file a motion for summary judgment shall be initiated on or before January 18, 2010. The final conference, previously scheduled for September 16, 2009, is adjourned to January 27, 2009 at 11:00 a.m., by telephone. So Ordered by Magistrate Judge E. Thomas Boyle on 8/26/2009. (Minerva, Deanna) |
Filing 13 CERTIFICATE OF SERVICE by Toyota Motor Sales, U.S.A., Inc. re 12 Letter MOTION for Extension of Time to Complete Discovery (Scumaci, Robert) |
Filing 12 Letter MOTION for Extension of Time to Complete Discovery by Toyota Motor Sales, U.S.A., Inc.. (Scumaci, Robert) |
Filing 11 NOTICE of Appearance by Brian P. Crosby on behalf of Toyota Motor Sales, U.S.A., Inc. (aty to be noticed) (Crosby, Brian) |
Filing 10 SCHEDULING ORDER:. Ordered by Magistrate Judge E. Thomas Boyle on 11/21/08. (Lundy, Lisa) |
Filing 9 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Initial Pretrial Conference held on 11/21/2008, ( Discovery due by 8/21/2009., Final Pretrial Conference by phone set for 9/16/2009 02:00 PM before Magistrate Judge E. Thomas Boyle.) The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). (So ordered by Mag. Judge Boyle on 11/21/08). (Lundy, Lisa) |
Filing 8 CERTIFICATE OF SERVICE by Amir Sitafalwalla re 6 Jury Demand (Zafonte, Albert) |
Filing 7 Proposed Scheduling Order by Toyota Motor Sales, U.S.A., Inc. (Scumaci, Robert) |
Filing 6 DEMAND for Trial by Jury by Amir Sitafalwalla (Zafonte, Albert) |
Filing 5 DEMAND for Trial by Jury by Toyota Motor Sales, U.S.A., Inc. (Attachments: # 1 Certificate of Service) (Scumaci, Robert) |
Filing 4 SCHEDULING ORDER: Initial Conference set for 11/21/2008 09:30 AM before Magistrate Judge E. Thomas Boyle. See order for further instructions. Counsel for Plaintiff(s) or Plaintiff pro se is obligated to serve a copy of this order on each defendant.. Ordered by Magistrate Judge E. Thomas Boyle on 7/29/08. (Lundy, Lisa) |
Filing 3 ANSWER to Complaint by Toyota Motor Sales, U.S.A., Inc.. (Attachments: # 1 Certificate of Service) (Scumaci, Robert) |
Filing 2 DISCLOSURE of Interested Parties by Toyota Motor Sales, U.S.A., Inc.. (Ryan, Mary) |
Filing 1 NOTICE OF REMOVAL by Toyota Motor Sales, U.S.A., Inc. from Supreme Court, State of New York, Nassau County, case number 11328/08. ( Filing fee $ 350; Receipt #355556) (Attachments: # 1 Civil Cover Sheet) (Ryan, Mary) |
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Plaintiff: Amir Sitafalwalla | |
Represented By: | Albert Zafonte, Jr. |
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Defendant: Toyota Motor Sales, U.S.A., Inc. | |
Represented By: | Robert G. Scumaci |
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