Caricato v. Nissan Motor Company, Ltd. et al
Plaintiff: Emily Caricato
Defendant: Nissan North America, Inc. and Nissan Motor Company, Ltd.
Case Number: 1:2021cv01537
Filed: June 8, 2021
Court: US District Court for the District of Colorado
Presiding Judge: R Brooke Jackson
Referring Judge: Scott T Varholak
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2021 Opinion or Order Filing 44 ORDER SETTING TRIAL: Fourteen-day Jury Trial set to commence 5/1/2023 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 4/11/2023 at 01:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. by Judge R. Brooke Jackson on 8/5/21. (jdyne, )
July 30, 2021 Opinion or Order Filing 43 SCHEDULING ORDER: Discovery due by 10/15/2022. Dispositive Motions due by 12/1/2022. by Judge R. Brooke Jackson on 7/30/21. (Attachments: #1 redlined version) (jdyne, )
July 20, 2021 Filing 42 Proposed Scheduling Order by Plaintiff Emily Caricato. (Delaney, Brennan)
July 9, 2021 Opinion or Order Filing 41 STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 7/9/21. (jdyne, )
July 7, 2021 Opinion or Order Filing 40 MINUTE ORDER: Upon review of the file, parties are to review our local rules and my practice standards and shall submit a proposed scheduling order on or before 7/23/2021. by Judge R. Brooke Jackson on 7/7/21. (jdyne, )
July 6, 2021 Filing 39 Joint MOTION for Protective Order (Entry of Stipulated Protective Order) by Defendant Nissan North America, Inc.. (Bartoni, Bishop)
June 24, 2021 Filing 38 CASE REASSIGNED pursuant to #37 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 21-cv-01537-RBJ. (Text Only Entry) (jgonz, )
June 23, 2021 Filing 37 CONSENT to Jurisdiction of Magistrate Judge by Defendant Nissan North America, Inc. All parties do not consent.. (Bartoni, Bishop)
June 22, 2021 Filing 36 ANSWER to #1 Complaint, by Nissan North America, Inc..(Bartoni, Bishop)
June 10, 2021 Filing 35 NOTICE of Entry of Appearance for Bishop Bartoni by Bishop A.L.E Bartoni on behalf of Nissan North America, Inc.Attorney Bishop A.L.E Bartoni added to party Nissan North America, Inc.(pty:dft) (Bartoni, Bishop)
June 9, 2021 Opinion or Order Filing 34 MINUTE ORDER The parties shall jointly file the form indicating consent/nonconsent to magistrate judge jurisdiction on or before 6/25/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/9/2021. Text Only Entry (stvlc2, )
June 8, 2021 Filing 33 NOTICE of Entry of Appearance by Brennan Buck Delaney on behalf of All Plaintiffs Attorney Brennan Buck Delaney added to party Emily Caricato(pty:pla) (Delaney, Brennan)
June 8, 2021 Filing 32 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cpomm, )
June 8, 2021 Filing 31 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (cpomm, )
June 8, 2021 Filing 30 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (cpomm, )
June 8, 2021 Filing 29 Case transferred in from District of Missouri Western; Case Number 4:20-cv-01007. File, transfer order and docket sheet received
June 8, 2021 Case electronically transferred to District of Colorado. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu) [Transferred from Missouri Western on 6/8/2021.]
June 1, 2021 Opinion or Order Filing 28 ORDER granting in part and denying in part #8 motion to dismiss case.The Clerk of Court is directed to transfer this case to the U.S. District Court for the District of Colorado. Signed on 6/1/2021 by District Judge Nanette K. Laughrey. (Houston, Kiambu) [Transferred from Missouri Western on 6/8/2021.]
May 24, 2021 Filing 27 Joint MOTION for protective order filed by John E. Patterson on behalf of Nissan North America, Inc.. Suggestions in opposition/response due by 6/7/2021 unless otherwise directed by the court. (Patterson, John) [Transferred from Missouri Western on 6/8/2021.]
May 13, 2021 Opinion or Order Filing 26 AMENDED SCHEDULING ORDER to correct Testimony by Deposition deadline. Signed on 05/13/2021 by District Judge Nanette K. Laughrey. (Lock, Tania) [Transferred from Missouri Western on 6/8/2021.]
May 11, 2021 Filing 25 RULES OF TRIAL. Signed on 05/11/2021 by District Judge Nanette K. Laughrey. (Lock, Tania) [Transferred from Missouri Western on 6/8/2021.]
May 11, 2021 Opinion or Order Filing 24 SCHEDULING ORDER: Discovery due by 8/15/2022. Pretrial Conference set for 1/25/2023 at 9:00 AM before District Judge Nanette K. Laughrey. Jury Trial set for 2/6/2023 at 9:00 AM before District Judge Nanette K. Laughrey. Dispositive Motions due by 9/30/2022. Signed on 05/11/2021 by District Judge Nanette K. Laughrey. (Attachments: #1 Memo on PTC) (Lock, Tania) [Transferred from Missouri Western on 6/8/2021.]
May 10, 2021 Filing 23 MINUTE ENTRY: Teleconference held before the Honorable Nanette K. Laughrey on May 10, 2021 to discuss proposed scheduling order. The Court will enter a scheduling order with the deadlines requested by the parties. Counsel for Plaintiffs: Brennan Delaney. Counsel for Defendants: Bishop Bartoni, Derek Linkous & John Patterson. Court Reporter: None. Courtroom Deputy: Tania Lock. Time in Court 9:00 am 9:05 am. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) [Transferred from Missouri Western on 6/8/2021.]
May 7, 2021 Opinion or Order Filing 22 ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 05/10/2021 at 9:00 AM regarding parties' proposed scheduling order. The parties shall call conference number 877-336-1274, access code: 2707681 to participate. Signed on 05/07/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) [Transferred from Missouri Western on 6/8/2021.]
May 5, 2021 Filing 21 CERTIFICATE OF SERVICE by Emily Caricato filed by Brennan B Delaney on behalf of Plaintiff Emily Caricato.(Delaney, Brennan) [Transferred from Missouri Western on 6/8/2021.]
May 5, 2021 Filing 20 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Brennan B Delaney on behalf of Plaintiff Emily Caricato.(Delaney, Brennan) [Transferred from Missouri Western on 6/8/2021.]
April 28, 2021 Filing 19 REPLY SUGGESTIONS to motion re #8 MOTION to dismiss case for Improper Venue filed by John W. Cowden on behalf of Defendant Nissan North America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #8 ) (Cowden, John) [Transferred from Missouri Western on 6/8/2021.]
April 23, 2021 Filing 18 REPORT of Rule 26(f) planning meeting and PROPOSED SCHEDULING ORDER. (Delaney, Brennan) Modified on 5/7/2021 to correct event type (Lock, Tania). [Transferred from Missouri Western on 6/8/2021.]
April 20, 2021 Filing 17 NOTICE of filing Notice of Service by Nissan North America, Inc. (Bartoni, Bishop) [Transferred from Missouri Western on 6/8/2021.]
April 15, 2021 Filing 16 SUGGESTIONS in opposition re #8 MOTION to dismiss case for Improper Venue filed by Brennan B Delaney on behalf of Plaintiff Emily Caricato. Reply suggestions due by 4/29/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit Ex. A. Caricato Affidavit, #2 Exhibit Ex B. Caricato Title, #3 Exhibit Ex. C. Delaney Affidavit, #4 Exhibit Ex. D. Southwest Screenshots, #5 Exhibit Ex. E. Delta Screenshots)(Related document(s) #8 ) (Delaney, Brennan) [Transferred from Missouri Western on 6/8/2021.]
April 8, 2021 Opinion or Order Filing 15 ORDER entered by Judge Nanette K. Laughrey.Proposed scheduling order due by 4/29/2021. Rule 26 conference due by 4/22/2021. Signed on 04/08/2021 by District Judge Nanette K. Laughrey. (Lock, Tania) [Transferred from Missouri Western on 6/8/2021.]
April 5, 2021 Filing 14 DISCLOSURE OF CORPORATE INTERESTS filed by John E. Patterson on behalf of Defendant Nissan North America, Inc..(Patterson, John) [Transferred from Missouri Western on 6/8/2021.]
April 1, 2021 Opinion or Order Filing 13 ORDER granting #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Derek J Linkous for Nissan North America, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) [Transferred from Missouri Western on 6/8/2021.]
April 1, 2021 Opinion or Order Filing 12 ORDER granting #10 motion to appear pro hac vice entered by Clerk of Court. Attorney Bishop A.L.E. Bartoni for Nissan North America, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) [Transferred from Missouri Western on 6/8/2021.]
April 1, 2021 Filing 11 Motion to allow Derek J. Linkous to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7359615) filed by John E. Patterson on behalf of Nissan North America, Inc. (Patterson, John) (Main Document 11 replaced on 4/1/2021 to include attorney signature) (Warren, Melissa). [Transferred from Missouri Western on 6/8/2021.]
April 1, 2021 Filing 10 Motion to allow Bishop Arnold Lorenzo Elmo Bartoni to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7359577) filed by John E. Patterson on behalf of Nissan North America, Inc. (Patterson, John) (Main Document 10 replaced on 4/1/2021 to include attorney signature) (Warren, Melissa). [Transferred from Missouri Western on 6/8/2021.]
April 1, 2021 Filing 9 SUGGESTIONS in support re #8 MOTION to dismiss case for Improper Venue filed by John E. Patterson on behalf of Defendant Nissan North America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #8 ) (Patterson, John) [Transferred from Missouri Western on 6/8/2021.]
April 1, 2021 Filing 8 MOTION to dismiss case for Improper Venue filed by John E. Patterson on behalf of Nissan North America, Inc.. Suggestions in opposition/response due by 4/15/2021 unless otherwise directed by the court. (Patterson, John) [Transferred from Missouri Western on 6/8/2021.]
April 1, 2021 Filing 7 NOTICE of appearance by John E. Patterson on behalf of Nissan North America, Inc. (Attorney John E. Patterson added to party Nissan North America, Inc.(pty:dft))(Patterson, John) [Transferred from Missouri Western on 6/8/2021.]
April 1, 2021 Filing 6 NOTICE of appearance by John W. Cowden on behalf of Nissan North America, Inc. (Attorney John W. Cowden added to party Nissan North America, Inc.(pty:dft))(Cowden, John) [Transferred from Missouri Western on 6/8/2021.]
February 17, 2021 Filing 5 RETURN OF WAIVER OF SERVICE filed by Emily Caricato. Waiver sent to Nissan North America, Inc. on 2/1/2021, answer due 4/2/2021. (Delaney, Brennan) [Transferred from Missouri Western on 6/8/2021.]
February 3, 2021 Filing 4 STIPULATION of dismissal Nissan Motor Company, Ltd. by Emily Caricato. (Delaney, Brennan) [Transferred from Missouri Western on 6/8/2021.]
December 29, 2020 Opinion or Order Filing 3 ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 12/29/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) [Transferred from Missouri Western on 6/8/2021.]
December 28, 2020 Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to Program Director. (Attachments: #1 MAP General Order)(Woods, Gloria) [Transferred from Missouri Western on 6/8/2021.]
December 28, 2020 Filing 1 COMPLAINT against Nissan Motor Company, Ltd., Nissan North America, Inc. filed by Brennan B Delaney on behalf of Emily Caricato. Filing fee $402, receipt number AMOWDC-7203128. Service due by 3/29/2021 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Delaney, Brennan) [Transferred from Missouri Western on 6/8/2021.]
December 28, 2020 SUMMONS ISSUED as to Nissan Motor Company, Ltd., Nissan North America, Inc.. (Woods, Gloria) [Transferred from Missouri Western on 6/8/2021.]

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Plaintiff: Emily Caricato
Represented By: Brennan Buck Delaney
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Defendant: Nissan North America, Inc.
Represented By: Bishop A.L.E Bartoni
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Defendant: Nissan Motor Company, Ltd.
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