DAVID KHATIB v. TOYOTA MOTOR NORTH AMERICA, INC. et al
| DAVID KHATIB |
| Toyota Motor North America, Inc., Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, ANAKIN, LLC doing business as OURISMAN CDJR OF WOODBRIDGE, CTS Corporation and Does 1 through 10 |
| 8:2023cv00943 |
| May 30, 2023 |
| US District Court for the Central District of California |
| Charles F Eick |
| James V Selna |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 11, 2023. A more recent docket listing may be available from PACER.
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Filing 41
MINUTES [IN CHAMBERS] Order Regarding Requests for Hearing #40 by Judge James V. Selna: On July 18, 2023, Defendant Toyota Motor North America, Inc. filed a request for oral argument on the Court's tentative order remanding the case to state court due to lack of subject matter jurisdiction. (See Dkt. No. 40.) Finding good cause, the Court GRANTS the request and ORDERS the parties to appear on August 7, 2023 at 1:30 pm for a hearing on the motion. Granting #40 REQUEST for Hearing. (es)
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| Filing 40 REQUEST for Hearing Opposition to Motion to Remand and Motion for Leave to Amend, re MEMORANDUM in Opposition to Motion, #35 , Reply (Motion related) #37 , Notice of Removal (Attorney Civil Case Opening),, #1 , Reply (Motion related) #38 , NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the District of Columbia #28 , MEMORANDUM in Opposition to Motion, #36 , NOTICE OF MOTION AND MOTION to Amend Complaint #31 , filed by Defendants CTS Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Request set for hearing on 8/28/2023 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Exhibit 1 Declaration of Noble, #2 Proposed Order) (Wise, Robert) |
| Filing 39 [IN CHAMBERS] SCHEDULING NOTICE: In light of the tentative ruling having been posted on Plaintiff's Motion to Remand #28 , and Motion to Amend #31 , the hearing set for 7/17/2023 at 1:30 p.m. is ordered VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY |
| Filing 38 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Amend Complaint #31 filed by Plaintiff DAVID KHATIB. (Kristensen, John) |
| Filing 37 REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the District of Columbia #28 filed by Plaintiff DAVID KHATIB. (Kristensen, John) |
| Filing 36 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Amend Complaint #31 filed by Defendants CTS Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Wise, Robert) |
| Filing 35 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the District of Columbia #28 filed by Defendants CTS Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Wise, Robert) |
| Filing 34 NOTICE of Appearance filed by attorney Robert L. Wise on behalf of Defendants CTS Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Inc. (Attorney Robert L. Wise added to party CTS Corporation(pty:dft), Attorney Robert L. Wise added to party Toyota Motor Engineering & Manufacturing North America, Inc.(pty:dft), Attorney Robert L. Wise added to party Toyota Motor North America, Inc.(pty:dft), Attorney Robert L. Wise added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft))(Wise, Robert) |
| Filing 33 NOTICE of Appearance filed by attorney Jennifer Ann Rogers on behalf of Defendants CTS Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Inc. (Attorney Jennifer Ann Rogers added to party CTS Corporation(pty:dft), Attorney Jennifer Ann Rogers added to party Toyota Motor Engineering & Manufacturing North America, Inc.(pty:dft), Attorney Jennifer Ann Rogers added to party Toyota Motor North America, Inc.(pty:dft), Attorney Jennifer Ann Rogers added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft))(Rogers, Jennifer) |
| Filing 32 NOTICE of Appearance filed by attorney David L Ayers on behalf of Defendants CTS Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Inc. (Attorney David L Ayers added to party CTS Corporation(pty:dft), Attorney David L Ayers added to party Toyota Motor Engineering & Manufacturing North America, Inc.(pty:dft), Attorney David L Ayers added to party Toyota Motor North America, Inc.(pty:dft), Attorney David L Ayers added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft))(Ayers, David) |
| Filing 31 NOTICE OF MOTION AND MOTION to Amend Complaint filed by Plaintiff DAVID KHATIB. Motion set for hearing on 7/17/2023 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration OF JOHN P. KRISTENSEN IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT, #2 Exhibit 1 - FAC Redline, #3 Exhibit 2 - FAC, #4 Proposed Order REGARDING PLAINTIFF DAVID KHATIBS MOTION TO AMEND COMPLAINT) (Kristensen, John) |
| Filing 30 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the District of Columbia #28 by Judge James V. Selna. The hearing date has been rescheduled. Motion set for hearing on 7/17/2023 at 01:30 PM before Judge James V. Selna. (es) |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the District of Columbia #28 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Other error(s) with document(s): The Motion to Remand at Dkt No. 28 was noticed for July 10, 2023 which is not in accordance with Judge Selna's civil motion calendar. Plaintiff is recommended to consult Local Rules AND the Court's Procedures and Schedules page prior to filing any future documents.. 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. (es) |
| Filing 28 NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of the District of Columbia filed by Plaintiff DAVID KHATIB. Motion set for hearing on 7/10/2023 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration of John P. Kristensen, Esq. in Support of Plaintiff's Motion, #2 Exhibit Exhibit 1 - Trial Court Complaint, #3 Proposed Order) (Kristensen, John) |
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Filing 27
ORDER RE MOTION FOR EXTENSION OF TIME #23 by Judge James V. Selna: Plaintiff's deadline to file a motion to remand in this federal action, currently set for June 7, 2023, will be hereby extended two days to Friday, June 9, 2023. (es)
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| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #24 , Notice of Appearance #25 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or 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) |
| Filing 25 NOTICE of Appearance filed by attorney Justice Turner on behalf of Plaintiff DAVID KHATIB (Attorney Justice Turner added to party DAVID KHATIB(pty:pla))(Turner, Justice) |
| Filing 24 NOTICE of Appearance filed by attorney John P. Kristensen on behalf of Plaintiff DAVID KHATIB (Kristensen, John) |
| Filing 23 NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiff's Motion to Remand filed by Plaintiff DAVID KHATIB. (Attachments: #1 Proposed Order Proposed Order) (Kristensen, John) |
| Filing 22 Letter to Counsel regarding MDL Transfer-In. (ghap) |
| Filing 21 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Charles F. Eick. (ghap) |
| Filing 19 ORIGINAL file, certified copy of transfer order and docket sheet received from District of Columbia |
| Filing 20 Copy of Conditional Transfer Order - 102 received from the Judicial Panel on Multidistrict Litigation. Transfer order filed by MDL panel on 5/30/2023 regarding transfer of Case No. 1:23-cv-01306 BAH from District of Columbia (Washingtion, DC). Case assigned to Judge James V. Selna for the purpose of pretrial proceedings. Case consolidated with 8:10-ml-02151-JVS (FMOx). (ghap) |
| Filing 18 COPY OF CONDITIONAL TRANSFER ORDER (CTO-102), dated 5/22/2023, from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the Central District of California, with the consent of that court, assigned to the Honorable Judge James V. Selna for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2151) (ztnr) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 17 NOTICE of Consent to Removal by ANAKIN, LLC (Evans, Richard) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 16 MOTION to Dismiss or for MOTION for Summary Judgment by ANAKIN, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Text of Proposed Order)(Evans, Richard). Added MOTION for Summary Judgment on 5/16/2023 (zed). [Transferred from District of Columbia on 6/7/2023.] |
| Filing 15 ANSWER to Complaint with Jury Demand by TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC..(Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 14 ANSWER to Complaint with Jury Demand by TOYOTA MOTOR SALES, U.S.A., INC..(Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 13 ANSWER to Complaint with Jury Demand by TOYOTA MOTOR NORTH AMERICA, INC..(Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 12 ANSWER to Complaint with Jury Demand by CTS CORPORATION.(Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 11 NOTICE OF RELATED CASE by CTS CORPORATION, TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., TOYOTA MOTOR NORTH AMERICA, INC., TOYOTA MOTOR SALES, U.S.A., INC.. Case related to Case No. 08:10-ML-2151 JVS (FMOx). (Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 10 NOTICE of Appearance by John P Kristensen on behalf of All Plaintiffs (Kristensen, John) [Transferred from District of Columbia on 6/7/2023.] |
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Filing 9
STANDING ORDER. Signed by Judge Beryl A. Howell on May 9, 2023. (lcbah2) [Transferred from District of Columbia on 6/7/2023.]
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| Filing 8 NOTICE to Counsel/Party re #1 Notice of Removal,, (Attachments: #1 Notice and Consent)(zljn) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 7 ERRATA to Notice of Removal by CTS CORPORATION, TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., TOYOTA MOTOR NORTH AMERICA, INC., TOYOTA MOTOR SALES, U.S.A., INC.. (Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| NOTICE OF ERROR re #1 Notice of Removal; emailed to josh.myers@nelsonmullins.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zljn, ) [Transferred from District of Columbia on 6/7/2023.] |
| Case Assigned to Judge Beryl A. Howell. (zljn) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 6 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CTS CORPORATION (Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 5 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC. (Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 4 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TOYOTA MOTOR SALES, U.S.A., INC. (Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TOYOTA MOTOR NORTH AMERICA, INC. (Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 2 NOTICE of Appearance by Christian Joshua Myers on behalf of CTS CORPORATION, TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., TOYOTA MOTOR NORTH AMERICA, INC., TOYOTA MOTOR SALES, U.S.A., INC. (Myers, Christian) [Transferred from District of Columbia on 6/7/2023.] |
| Filing 1 NOTICE OF REMOVAL from Superior Court of DC, case number 2023-CAB-001907 Filing fee $ 402, receipt number BDCDC-10054891 filed by TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., CTS CORPORATION, TOYOTA MOTOR NORTH AMERICA, INC., TOYOTA MOTOR SALES, U.S.A., INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Notice.Superior Court File, #3 Exhibit 2 to Notice.Declaration of Daniel O'Connell, #4 Exhibit 1 to O'Connell Declaration, #5 Exhibit 2 to O'Connell Declaration, #6 Exhibit 3 to O'Connell Declaration)(Myers, Christian) (Attachment 1 replaced on 5/9/2023) (zljn). [Transferred from District of Columbia on 6/7/2023.] |
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