James Bettles v. Toyota Motor Corporation et al
| James Bettles |
| Toyota Motor Corporation and Toyota Motor Sales, U.S.A., Inc. |
| 2:2021cv07560 |
| September 22, 2021 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Otis D Wright |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.
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Filing 58
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMENDED AND WITH PREJUDICE #54 by Judge Otis D. Wright, II. (MD JS-6. Case Terminated) (lc)
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Filing 57
The hearing on the MOTION to Dismiss First Amended Class Action Complaint #54 , scheduled for August 8, 2022 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 56
REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Action Complaint #54 filed by Defendants Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc.. (Schrader, David)
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Filing 55
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Action Complaint #54 filed by Plaintiff James Bettles. (Alperstein, Jason)
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Filing 54
NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Action Complaint filed by Defendants Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc.. Motion set for hearing on 8/8/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order Granting Motion To Dismiss) (Attorney David L Schrader added to party Toyota Motor Corporation(pty:dft)) (Schrader, David)
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Filing 53
First AMENDED COMPLAINT against Defendants Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff James Bettles(Alperstein, Jason)
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Filing 52
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS #32 by Judge Otis D. Wright, II: Court GRANTS Defendants Motion to Dismiss with leave to amend the identified deficiencies. If Bettles chooses to file an amended complaint, he shall do so within 21 days of the date of this Order, in which case Defendants shall answer or otherwise respond within 14 days of the filing. If Bettles chooses not to amend, then as of the lapse of his deadline to amend, all his claims dismissed above shall be deemed dismissed with prejudice. (lc)
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Filing 51
ORDER GRANTING STIPULATION REGARDING JOINDER OF TOYOTA MOTOR CORPORATION TO TOYOTA MOTOR SALES, U.S.A.'S MOTION TO DISMISS #50 by Judge Otis D. Wright, II. The Court hereby grants said stipulation and ORDERS: 1. TMC is joined in TMS's Motion to Dismiss (Dkt. No. 32). All arguments raised by TMS in the Motion shall apply equally to TMC 2. If the Court denies the Motion, in whole or in part, TMC shall have thirty days from the date of the Court's order to file a response to the Complaint. (lom)
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Filing 50
STIPULATION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint #32 filed by defendants Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Proposed Order)(Attorney Mark Andrew Feller added to party Toyota Motor Corporation(pty:dft))(Feller, Mark)
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Filing 49
The hearing on the MOTION to Dismiss #32 , scheduled for January 24, 2022 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 48
Request To Observe Jan. 24, 2022 Motion To Dismiss Hearing Remotely filed by Defendant Toyota Motor Sales, U.S.A., Inc. re: NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint #32 (Attachments: #1 Proposed Order Granting Request to Observe Remotely)(Schrader, David)
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Filing 47
REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint #32 filed by Defendant Toyota Motor Sales, U.S.A., Inc.. (Schrader, David)
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Filing 46
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #45 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Waiver of Service Executed. Filer attached the waiver to the notice instead of filing the waiver under the cited correct event. The incorrect event created an incomplete docket entry instead of reflecting waiver of service information which the cited correct event prompts filer to include in the docket entry. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
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Filing 45
NOTICE Plaintiff's Notice of Filing Waiver of Service of Summons filed by Plaintiff James Bettles. (Attachments: #1 Exhibit Waiver of Service of Summons)(Alperstein, Jason)
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Filing 44
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint #32 filed by Plaintiff James Bettles. (Alperstein, Jason)
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Filing 43
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court 's Order to Show Cause #42 . The Order to Show Cause is hereby DISCHARGED. However, the Court finds that Exhibit 1 to Plaintiffs Response ("Waiver of Service") contains a signature that does not comply with Local Rule 5-4.3.4. Accordingly, Plaintiff is ORDERED to resubmit the Waiver of Service with a compliant signature no later than January 3, 2022. (lc)
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Filing 42
RESPONSE filed by Plaintiff James Bettlesto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #34 Plaintiff's Response to Order to Show Cause (Attachments: #1 Exhibit Waiver of Service)(Alperstein, Jason)
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Filing 41
ORDER GRANTING APPLICATION of Non-Resident Attorney Goeff Stahl to Appear Pro Hac Vice on behalf of Plaintiff James Bettles and designating Scott A. Edelsberg as local counsel #38 by Judge Otis D. Wright, II. (lc)
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Filing 40
ORDER GRANTING APPLICATION of Non-Resident Attorney Rachel Bentley to Appear Pro Hac Vice on behalf of Plaintiff James Bettles and designating Scott A. Edelsberg as local counsel #37 by Judge Otis D. Wright, II (lc)
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Filing 39
ORDER GRANTING APPLICATION of Non-Resident Attorney Steven G. Calamusa to Appear Pro Hac Vice on behalf of Plaintiff James Bettles and designating Scott A. Edelsberg as local counsel #36 by Judge Otis D. Wright, II (lc)
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Filing 38
APPLICATION of Non-Resident Attorney Goeff Stahl to Appear Pro Hac Vice on behalf of Plaintiff James Bettles (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32467836) filed by Plaintiff James Bettles. (Attachments: #1 Proposed Order) (Edelsberg, Scott)
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Filing 37
APPLICATION of Non-Resident Attorney Rachel Bentley to Appear Pro Hac Vice on behalf of Plaintiff James Bettles (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32467794) filed by Plaintiff James Bettles. (Attachments: #1 Proposed Order) (Edelsberg, Scott)
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Filing 36
APPLICATION of Non-Resident Attorney Steven G. Calamusa to Appear Pro Hac Vice on behalf of Plaintiff James Bettles (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32467729) filed by Plaintiff James Bettles. (Attachments: #1 Proposed Order) (Edelsberg, Scott)
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Filing 35
Notice of Appearance or Withdrawal of Counsel: for attorney Kristen Lake Cardoso counsel for Plaintiff James Bettles. Adding Kristen Lake Cardoso as counsel of record for Plaintiff, James Bettles for the reason indicated in the G-123 Notice. Filed by Plaintiff James Bettles. (Attorney Kristen Lake Cardoso added to party James Bettles(pty:pla))(Cardoso, Kristen)
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Filing 34
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court ORDERS Plaintiff to SHOW CAUSE, in writing only, no later than December 17, 2021, why the Court should not dismiss Defendant Toyota Motor Corporation based on Plaintiff's failure to serve the Complaint within the Rule 4(m) period. No hearing willbe held. The Court will discharge this order upon the filing of a timely proof of service or a demonstration of good cause why timely service has not been made, supported by declaration under penalty of perjury. Failure to timely or adequately respond to this Order may result in the dismissal of theaction without further warning. (lc)
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Filing 33
ORDER GRANTING STIPULATION SETTING BRIEFING SCHEDULE REGARDING TOYOTA'SMOTION TO DISMISS #31 by Judge Otis D. Wright, II: 1. Plaintiffs shall file their opposition to Toyotas Motion to Dismiss no later than December 20, 2021. 2. Toyota shall file its reply in support of its Motion to Dismiss no later than January 10, 2022. 3. The hearing for the motion for summary judgment is hereby set for January 24, 2022 at 1:30 p.m. #32 (lc)
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Filing 32
NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint filed by Defendant Toyota Motor Sales, U.S.A., Inc.. Motion set for hearing on 1/24/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of David L. Schrader and Exhibit 1 thereto, #3 Request for Judicial Notice, #4 Proposed Order Granting Motion To Dismiss) (Schrader, David)
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Filing 31
STIPULATION for Order Setting Briefing Schedule Re Toyota's Motion to Dismiss filed by defendant Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Proposed Order)(Feller, Mark)
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Filing 30
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case DECLINED by Judge Virginia A. Phillips, for the reasons set forth on this order. Related Case No. 2:17-cv-00035 VAP (KSx). (aco)
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Filing 29
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #24 , Notice of Appearance #23 , Notice of Appearance #25 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak)
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Filing 28
CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendant Toyota Motor Sales, U.S.A., Inc. identifying Toyota Motor North America, Inc.. as Corporate Parent. (Weddle, Lisa)
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Filing 27
NOTICE of Related Case(s) filed by defendant Toyota Motor Sales, U.S.A., Inc.. Related Case(s): 2:17-cv-00035-VAP-KS (Weddle, Lisa)
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Filing 26
STIPULATION Extending Time to Answer the complaint as to Toyota Motor Sales, U.S.A., Inc. answer now due 11/27/2021, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Toyota Motor Sales, U.S.A., Inc..(Weddle, Lisa)
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Filing 25
NOTICE of Appearance filed by attorney Lisa R Weddle on behalf of Defendant Toyota Motor Sales, U.S.A., Inc. (Attorney Lisa R Weddle added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft))(Weddle, Lisa)
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Filing 24
NOTICE of Appearance filed by attorney Mark Andrew Feller on behalf of Defendant Toyota Motor Sales, U.S.A., Inc. (Attorney Mark Andrew Feller added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft))(Feller, Mark)
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Filing 23
NOTICE of Appearance filed by attorney David L Schrader on behalf of Defendant Toyota Motor Sales, U.S.A., Inc. (Attorney David L Schrader added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft))(Schrader, David)
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Filing 22
ORDER GRANTING APPLICATION of Non-Resident Attorney Jeff Ostrow to Appear Pro Hac Vice on behalf of Plaintiff James Bettles and designating Scott Edelsberg as local counsel #17 by Judge Otis D. Wright, II (lc)
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Filing 21
ORDER GRANTING APPLICATION of Non-Resident Attorney Jason H. Alperstein to Appear Pro Hac Vice on behalf of Plaintiff James Bettles and designating Scott Edelsberg as local counsel #16 by Judge Otis D. Wright, II (lc)
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Filing 20
RESPONSE filed by Pro Hac Vice attorney Rachel A. Bentley on behalf of Plaintiff James Bettles. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt)
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Filing 19
RESPONSE filed by Pro Hac Vice attorney Steven G. Calamusa on behalf of Plaintiff James Bettles. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt)
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Filing 18
RESPONSE filed by Pro Hac Vice attorney Kristen Lake Cardoso on behalf of Plaintiff James Bettles. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt)
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Filing 17
APPLICATION of Non-Resident Attorney Jeff Ostrow to Appear Pro Hac Vice on behalf of Plaintiff James Bettles (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32068442) filed by Plaintiff James Bettles. (Attachments: #1 Proposed Order) (Edelsberg, Scott)
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Filing 16
APPLICATION of Non-Resident Attorney Jason H. Alperstein to Appear Pro Hac Vice on behalf of Plaintiff James Bettles (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32067842) filed by Plaintiff James Bettles. (Attachments: #1 Proposed Order) (Edelsberg, Scott)
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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Filing 14
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Rachel A Bentley. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
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Filing 13
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steven G. Calamusa. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
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Filing 12
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kristen Lake Cardoso. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
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Filing 11
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeff Ostrow. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
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Filing 10
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jason H. Alperstein. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
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Filing 9
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Toyota Motor Corporation. (car)
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Filing 8
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Toyota Motor Sales, U.S.A., Inc. (car)
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Filing 7
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alexander F. MacKinnon. (car)
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Filing 4
NOTICE of Interested Parties filed by Plaintiff James Bettles, (Edelsberg, Scott)
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Filing 3
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff James Bettles. (Attachments: #1 Summons - Toyota Motor Corporation)(Edelsberg, Scott)
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Filing 2
CIVIL COVER SHEET filed by Plaintiff James Bettles. (Edelsberg, Scott)
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Filing 1
COMPLAINT Receipt No: ACACDC-32024276 - Fee: $402, filed by Plaintiff James Bettles. (Attorney Scott Edelsberg added to party James Bettles(pty:pla))(Edelsberg, Scott)
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