Cardenas et al v. Toyota Motor Corporation et al
Plaintiff: Kurt Kirton, Javier Cardenas, Pamela Baker, Rodney Baker and Michelle Monge
Defendant: Toyota Motor Engineering & Manufacturing North America, Inc., Southeast Toyota Distributors, LLC, Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation
Case Number: 1:2018cv22798
Filed: July 12, 2018
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade (Office: Miami)
Presiding Judge: Lauren Fleischer Louis
Referring Judge: Federico A Moreno
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 18 U.S.C. ยง 1962
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2021 Opinion or Order Filing 343 PAPERLESS ORDER granting #342 Motion for Extension of Time to File. Parties shall file both sets of documents on or before 9/24. Signed by Judge Federico A. Moreno on 9/10/2021. (zgz)
September 9, 2021 Filing 342 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #339 REPORT AND RECOMMENDATIONS re #175 Defendant's MOTION for Summary Judgment and Memorandum of Law filed by Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., [1, #334 REPORT AND RECOMMENDATIONS re #249 MOTION in Limine MOTION TO EXCLUDE THE OPINIONS, REPORTS AND TESTIMONY OF PLAINTIFFS EXPERTS STEVEN GASKIN AND COLIN WEIR filed by Southeast Toyota Distributors, LLC, 181 Plaintiff's SEALED MOTI by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Text of Proposed Order)(Ercole, Brian)
September 3, 2021 Filing 341 OBJECTIONS to #334 Report and Recommendations by Southeast Toyota Distributors, LLC. (Sacks, Robert)
September 3, 2021 Filing 340 OBJECTIONS to #334 Report and Recommendations by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit 1-Variation Chart, #2 Exhibit 2-Okcuoglu Dep. Excerpts, #3 Exhibit 3-Kuhn Declaration, #4 Exhibit 4-TMC Dep. Excerpts, #5 Exhibit 5-Suzuki Dep. Excerpts, #6 Exhibit 6-Wilcox Decl., #7 Exhibit 7-Young Dep. Excerpts, #8 Exhibit 8-Saenz Dep. Excerpts, #9 Exhibit 9-Okcuoglu Expert Report, #10 Exhibit 10-Parkhurst Dep. Excerpts, #11 Exhibit 11-Hicks Declaration, #12 Exhibit 12-Baker Dep. Excerpts, #13 Exhibit 13-Monge Dep. Excerpts, #14 Exhibit 14-Cardenas Dep. Excerpts, #15 Exhibit 15-Toyota Camry Owner Manuals, #16 Exhibit 16-Rossi Declaration, #17 Exhibit 17-Gaskin Expert Report, #18 Exhibit 18-Weir Expert Report, #19 Exhibit 19-Gaskin Dep. Excerpts, #20 Exhibit 20-Pollock Dep. Excerpts, #21 Exhibit 21-Weir Dep. Excerpts, #22 Exhibit 22-Butler Declaration, #23 Exhibit 23-Kirton Dep. Excerpts, #24 Exhibit 24-Wright Rebuttal Report, #25 Exhibit 25-Rossi Dep. Excerpts, #26 Exhibit 26- B.Ercole Declaration)(Ercole, Brian)
September 2, 2021 Filing 339 REPORT AND RECOMMENDATIONS re #175 Defendant Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc.'s MOTION for Summary Judgment; #179 Defendant Southeast Toyota Distributors, LLC MOTION for Summary Judgment. Objections to R&R due by 9/16/2021. Signed by Magistrate Judge Lauren Fleischer Louis on 9/2/2021. See attached document for full details. (eb00)
August 18, 2021 Opinion or Order Filing 338 PAPERLESS ORDER granting #335 Motion for Extension of Time. Objections shall be filed by September 3, 2021 at 5:00 PM. Signed by Judge Federico A. Moreno on 8/18/2021. (zgz)
August 17, 2021 Filing 337 NOTICE by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc. re #333 Order on Motion for Reconsideration, of Filing Redacted Documents in Accordance with the Court's August 10, 2021 Reconsideration Motion Regarding Toyota's Motion to Maintain Documents Under Seal (Attachments: #1 Exhibit A - Redacted 181-8, #2 Exhibit B - Redacted 181-16, #3 Exhibit C - Redacted 181-29, #4 Exhibit D - Redacted 181-51, #5 Exhibit E - Redacted 181-54, #6 Exhibit F - Redacted 181-56) (Ercole, Brian)
August 17, 2021 Filing 336 NOTICE by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc. re #333 Order on Motion for Reconsideration, of Filing List of Documents Due to be Unsealed (Attachments: #1 Exhibit 1) (Ercole, Brian)
August 17, 2021 Filing 335 Joint MOTION for Extension of Time To File Objections to the Report and Recommendation on Plaintiffs' Motion for Class Certification re #334 REPORT AND RECOMMENDATIONS re #249 MOTION in Limine MOTION TO EXCLUDE THE OPINIONS, REPORTS AND TESTIMONY OF PLAINTIFFS EXPERTS STEVEN GASKIN AND COLIN WEIR filed by Southeast Toyota Distributors, LLC, 181 Plaintiff's SEALED MOTI by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 8/31/2021 (Attachments: #1 Text of Proposed Order)(Ercole, Brian)
August 12, 2021 Filing 334 REPORT AND RECOMMENDATIONS re: 181 Plaintiffs' Motion for Class Certification, and #196 , #249 Defendants' Motions in Limine to Exclude the Opinions, Reports, and Testimony of Steven Gaskin and Colin Weir for the Purposes of Class Certification and Summary Judgment. The Court hereby RECOMMENDS that 181 Plaintiffs' Motion for Class Certification be GRANTED, in part.The Court further RECOMMENDS that #196 Toyota's Motion in Limine be DENIED, in part, and GRANTED, in part; and that 149 SET's Motion in Limine be DENIED. Objections to R&R due by 8/26/2021 Signed by Magistrate Judge Lauren Fleischer Louis on 8/12/2021. See attached document for full details. (eb00)
August 10, 2021 Opinion or Order Filing 333 ORDER granting #312 Motion for Reconsideration re #308 Order on Motion to Seal filed by Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc. Signed by Magistrate Judge Lauren Fleischer Louis on 8/10/2021. See attached document for full details. (eb00)
August 3, 2021 Filing 332 TRANSCRIPT of Discovery Hearing held on 7/14/21 before Magistrate Judge Lauren Fleischer Louis, 1-151 pages, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2021. Redacted Transcript Deadline set for 9/3/2021. Release of Transcript Restriction set for 11/1/2021. (hh)
July 30, 2021 Opinion or Order Filing 331 ORDER granting #183 , #189 Motions to Strike the Sur-Rebuttal Reports of Plaintiffs' Experts Steven Gaskin and Colin Weir. Signed by Magistrate Judge Lauren Fleischer Louis on 7/30/2021. See attached document for full details. (eb00)
July 26, 2021 Filing 330 Notice of Supplemental Authority by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc. (Attachments: #1 Supplement Beatty v. Ford Motor Company) (Ercole, Brian)
July 23, 2021 Filing 329 TRANSCRIPT of Discovery Hearing held on 7/13/2021 before Magistrate Judge Lauren Fleischer Louis, 1-34 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/21/2021. (apz)
July 21, 2021 Filing 328 RESPONSE to #320 Notice of Supplemental Authority by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
July 14, 2021 Filing 327 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Motion Hearing held on 7/14/2021 re #175 Defendants' Motion for Summary Judgment, #179 Defendants' Motion for Summary Judgment, 181 Plaintiffs' Sealed Motion for Class Certification. Matters taken under advisement. Written orders to follow. Total time in court: 5 hour(s). Attorney Appearance(s): Peter Prieto, Joseph H. Meltzer, Melissa L. Troutner, John Gravante, III, Matthew Weinshall, Alissa Del Riego, Tyler S. Graden, David L. Schrader, Joshua Zipper, Robert Eric Sacks, Brian Michael Ercole, Matthew Michael Papkin. (Digital 09:25:32 - 14:20:52) (aw)
July 13, 2021 Filing 326 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Motion Hearing held on 7/13/2021 re #175 Defendants' Motion for Summary Judgment, #179 Defendants' Motion for Summary Judgment. Continued to July 14th, 2021. Total time in court: 5 hour(s). Attorney Appearance(s): Peter Prieto, Joseph H. Meltzer, Melissa L. Troutner, John Gravante, III, Matthew Weinshall, Alissa Del Riego, Tyler S. Graden, David L. Schrader, Joshua Zipper, Robert Eric Sacks, Brian Michael Ercole, Matthew Michael Papkin. (Digital 09:32:44 - 13:23:43) (aw)
July 12, 2021 Opinion or Order Filing 325 ORDER granting #324 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge Lauren Fleischer Louis on 7/12/2021. See attached document for full details. (eb00)
July 12, 2021 Filing 324 Plaintiff's MOTION to Bring Electronic Equipment into the courtroom by Rodney Baker, Javier Cardenas, Michelle Monge. Responses due by 7/26/2021 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
July 12, 2021 Opinion or Order Filing 323 AMENDED ORDER re 322 Order on Joint Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge Lauren Fleischer Louis on 7/12/2021. See attached document for full details. (eb00)
July 12, 2021 Opinion or Order Filing 322 PAPERLESS ORDER granting #321 Motion to Bring Electronic Equipment into the courtroom. The Joint Motion further requests the ability to test equipment in the courtroom; the Parties may do so on July 12, 2021 after 3:00 PM. Signed by Magistrate Judge Lauren Fleischer Louis on 7/12/2021. (eb00)
July 9, 2021 Filing 321 Joint MOTION to Bring Electronic Equipment into the courtroom by Rodney Baker, Javier Cardenas, Michelle Monge. Responses due by 7/23/2021 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
July 9, 2021 Filing 320 Notice of Supplemental Authority by Rodney Baker, Javier Cardenas, Michelle Monge (Attachments: #1 Exhibit) (Prieto, Peter)
July 9, 2021 Filing 319 RESPONSE in Opposition re #312 MOTION for Reconsideration re #308 Order on Motion to Seal,,,,,,,,,,,,,,,,,,, in Part or in the Alternative, Objection Under Rule 72(A) to Such Order filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 7/16/2021. (Attachments: #1 Exhibit)(Prieto, Peter)
July 9, 2021 Opinion or Order Filing 318 PAPERLESS ORDER granting #317 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jordan E. Jacobson. Signed by Magistrate Judge Lauren Fleischer Louis on 7/9/2021. (eb00)
July 9, 2021 Filing 317 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jordan E. Jacobson. Filing Fee $ 200.00 Receipt # AFLSDC-14832332 by Rodney Baker, Javier Cardenas, Michelle Monge. Responses due by 7/23/2021 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
July 8, 2021 Filing 316 NOTICE by Southeast Toyota Distributors, LLC, Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc. re #308 Order on Motion to Seal,,,,,,,,,,,,,,,,,,, OF FILING UNREDACTED DOCUMENTS (Attachments: #1 Exhibit 1. Toyotas Motion for Summary Judgment, #2 Exhibit 2. Toyotas Statement of Undisputed Material Facts in Support of Their Motion for Summary Judgment, #3 Exhibit 3. Rebuttal Report of Don Wright (11.24.2020), #4 Exhibit 4. Declaration of Ronald Wilcox in Support of Toyotas Motion for Summary Judgment (12.10.2020), #5 Exhibit 5. TOY-CARDENAS-00016114, #6 Exhibit 6. TOY-CARDENAS-00008846, #7 Exhibit 7. Expert Report of Murat Okcuoglu (10.20.2020), #8 Exhibit 8. Expert Report of Robert Kuhn (10.20.2020), #9 Exhibit 9. Toyota's Motion to Exclude Steven Gaskin and Colin Weir, #10 Exhibit 10. Rebuttal Report of Ronald Wilcox (11.24.2020), #11 Exhibit 11. Corrected Wilcox Report (11.2.2020), #12 Exhibit 12. Declaration of Colin Weir (10.2020), #13 Exhibit 13. Toyotas Opposition to Plaintiffs Motion for Class Certification) (Ercole, Brian)
July 6, 2021 Opinion or Order Filing 315 PAPERLESS ORDER granting #313 Motion to Stay and Ordering expedited response to #312 Defendants' Motion for Reconsideration. The Order Unsealing #308 is STAYED with respect to the six exhibits pending resolution of the Motion for Reconsideration, which states that Plaintiffs oppose the relief sought. Plaintiffs shall respond and explain their position by no later than July 9, 2021. To the extent Plaintiffs challenge Defendants' representation that no party relies on the redacted information in the dispositive motions, Plaintiffs' Response shall specify what motion and argument is predicated on the contested information (without actually disclosing the contested information). Signed by Magistrate Judge Lauren Fleischer Louis on 7/6/2021. (LFL)
July 6, 2021 Filing 314 NOTICE by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc. re #308 Order on Motion to Seal,,,,,,,,,,,,,,,,,,, (JOINT NOTICE OF FILING LIST DOCUMENTS DUE TO BE UNSEALED) (Attachments: #1 Exhibit 1-List of Documents to Unseal) (Ercole, Brian)
July 6, 2021 Filing 313 MOTION to Stay re #308 Order on Motion to Seal,,,,,,,,,,,,,,,,,,, in Part, the June 22, 2021 Order Pending Adjudication of Their Motion for Reconsideration by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 7/20/2021 (Attachments: #1 Text of Proposed Order)(Ercole, Brian)
July 6, 2021 Filing 312 MOTION for Reconsideration re #308 Order on Motion to Seal,,,,,,,,,,,,,,,,,,, in Part or in the Alternative, Objection Under Rule 72(A) to Such Order by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit A-Redacted Version of ECF No. 181-8, #2 Exhibit B-Redacted Version of ECF No. 181-16, #3 Exhibit C-Redacted Version of ECF No. 181-29, #4 Exhibit D-Redacted Version of ECF No. 181-51, #5 Exhibit E-Redacted Version of ECF No. 181-54, #6 Exhibit F-Redacted Version of ECF No. 181-56, #7 Exhibit G- Declaration of N. Saenz, #8 Text of Proposed Order)(Ercole, Brian)
June 29, 2021 Opinion or Order Filing 311 PAPERLESS ORDER granting #309 Motion for Extension of Time. The parties shall jointly file by July 6, 2021 a list of thedocuments due to be unsealed in accordance with #308 the Court's Order on the Motions to Seal. Signed by Magistrate Judge Lauren Fleischer Louis on 6/29/2021. (eb00)
June 28, 2021 Filing 310 NOTICE of Compliance by Southeast Toyota Distributors, LLC re #308 Order on Motion to Seal,,,,,,,,,,,,,,,,,,, (Sacks, Robert)
June 28, 2021 Filing 309 Unopposed MOTION for Extension of Time to Submit a List of Documents to Be Unsealed in Accordance with the Court's Omnibus Order on Defendants' Motions to Maintain Filings Under Seal re #308 Order on Motion to Seal,,,,,,,,,,,,,,,,,,, by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 7/12/2021 (Attachments: #1 Text of Proposed Order)(Ercole, Brian)
June 22, 2021 Opinion or Order Filing 308 ORDER denying #182 Motion to Seal; denying #190 Motion to Seal; denying #194 Motion to Seal; denying #204 Motion to Seal; denying #226 Motion to Seal; granting in part and denying in part #229 Motion to Seal; denying #231 Motion to Seal; denying #253 Motion to Seal; denying #289 Motion to Seal; denying #291 Motion to Seal. Signed by Magistrate Judge Lauren Fleischer Louis on 6/22/2021. See attached document for full details. (eb00)
June 9, 2021 Opinion or Order Filing 307 PAPERLESS ORDER scheduling oral argument on the Parties' pending pretrial motions. Argument will be scheduled as follows: Oral argument on Defendants' Motions for Summary Judgment is set for July 13, 2021 at 9:30 a.m. Oral argument on Plaintiffs' Class Certification Motion is set for July 14, 2021 at 9:30 a.m. Hearing will not be set at this time on the pending Daubert and motions in limine; notwithstanding, the Parties may argue their respective motions as appropriate in the context of the other motions set for hearing. Attendance may be made in person at the United States Courthouse, C. Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida, or by telephone by dialing 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 6/9/2021. (eb00)
May 26, 2021 Filing 306 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Status Conference held on 5/26/2021. The parties to confer and advance a date certain for hearing on motions to occur. Total time in court: 15 minutes. Attorney Appearance(s): Peter Prieto, Melissa L. Troutner, Tyler S. Graden, Joshua Zipper, Robert Eric Sacks, Brian Michael Ercole. (Digital 09:58:30) (aw)
May 26, 2021 Opinion or Order Filing 305 REVISED SCHEDULING ORDER: Jury Trial set for 11/8/2021 in Miami Division before Judge Federico A. Moreno., Calendar Call set for 11/2/2021 02:00 PM in Miami Division before Judge Federico A. Moreno. Motions terminated: #303 Joint MOTION for Extension of Time to Extend Pretrial Deadlines MOTION to Continue Trial for 140 Days filed by Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc.. Signed by Judge Federico A. Moreno on 5/26/2021. See attached document for full details. (zgz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
May 21, 2021 Filing 304 RESPONSE to #301 Notice of Supplemental Authority, by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
May 19, 2021 Filing 303 Joint MOTION for Extension of Time to Extend Pretrial Deadlines , MOTION to Continue Trial for 140 Days by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 6/2/2021 (Attachments: #1 Exhibit 1, #2 Affidavit Declaration of B. Ercole, #3 Text of Proposed Order)(Ercole, Brian)
May 19, 2021 Opinion or Order Filing 302 PAPERLESS ORDER Setting Status Conference. A Telephonic Status Conference is set for May 26, 2021 at 10:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Telephonic appearance may be made by dialing 1 (866) 434-5269, enter access code 9978869 followed by the (#) sign, and enter security code 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 5/19/2021. (eb00)
May 18, 2021 Filing 301 Notice of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motions to Exclude the Opinions, Reports and Testimony of Steven Gaskin and Colin Weir by Rodney Baker, Javier Cardenas, Michelle Monge (Attachments: #1 Exhibit) (Prieto, Peter)
May 3, 2021 Filing 300 RESPONSE to #299 Notice of Supplemental Authority, by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
April 29, 2021 Filing 299 Notice of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motions to Exclude the Opinions, Reports and Testimony of Steven Gaskin and Colin Weir by Rodney Baker, Javier Cardenas, Michelle Monge (Attachments: #1 Exhibit) (Prieto, Peter)
April 27, 2021 Filing 298 NOTICE of Change of Address, Email or Law Firm Name by Brian Michael Ercole (Ercole, Brian)
April 7, 2021 Opinion or Order Filing 297 PAPERLESS ORDER granting #296 Motion to Withdraw as Attorney. The Clerk of the Court is directed to terminate Attorney Natalie Lesser as counsel for Plaintiffs. Signed by Magistrate Judge Lauren Fleischer Louis on 4/7/2021. (eb00)
March 29, 2021 Filing 296 MOTION to Withdraw as Attorney for Plaintiffs by Natalie Lesser for / by Rodney Baker, Javier Cardenas, Michelle Monge. Responses due by 4/12/2021 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
March 19, 2021 Filing 295 RESPONSE in Support re #291 Defendant's MOTION to Seal TO RETAIN DOCUMENTS UNDER SEAL FILED IN SUPPORT OF PLAINTIFFS REPLY IN SUPPORT OF THEIR MOTION IN LIMINE per Local Rule 5.4 filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
March 19, 2021 Filing 294 RESPONSE in Support re #289 MOTION to Seal TO RETAIN DOCUMENTS UNDER SEAL FILED IN SUPPORT OF PLAINTIFFS REPLY IN SUPPORT OF PLAINTIFFS MOTIONS TO EXCLUDE EXPERT OPINIONS, REPORTS, AND TESTIMONY OF DEFENDANTS EXPERTS PETER ROSSI, SARAH BUTLER, AND JEFFREY HICKS per Loc filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
March 16, 2021 Filing 293 RESPONSE in Opposition re #291 Defendant's MOTION to Seal TO RETAIN DOCUMENTS UNDER SEAL FILED IN SUPPORT OF PLAINTIFFS REPLY IN SUPPORT OF THEIR MOTION IN LIMINE per Local Rule 5.4 filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 3/23/2021. (Prieto, Peter)
March 12, 2021 Filing 292 RESPONSE in Opposition re #289 MOTION to Seal TO RETAIN DOCUMENTS UNDER SEAL FILED IN SUPPORT OF PLAINTIFFS REPLY IN SUPPORT OF PLAINTIFFS MOTIONS TO EXCLUDE EXPERT OPINIONS, REPORTS, AND TESTIMONY OF DEFENDANTS EXPERTS PETER ROSSI, SARAH BUTLER, AND JEFFREY HICKS per Loc filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 3/19/2021. (Prieto, Peter)
March 2, 2021 Filing 291 Defendant's MOTION to Seal TO RETAIN DOCUMENTS UNDER SEAL FILED IN SUPPORT OF PLAINTIFFS REPLY IN SUPPORT OF THEIR MOTION IN LIMINE per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Text of Proposed Order) (Ercole, Brian)
March 1, 2021 Opinion or Order Filing 290 ORDER GRANTING PLAINTIFFS' MOTION TO TEMPORARILYMAINTAIN FILINGS UNDER SEALgranting #283 Motion to Seal. The subject filing and exhibits (ECF No. 286) will remain under seal until further order by this Court. Signed by Magistrate Judge Lauren Fleischer Louis on 2/26/2021. See attached document for full details. (pcs)
February 26, 2021 Filing 289 MOTION to Seal TO RETAIN DOCUMENTS UNDER SEAL FILED IN SUPPORT OF PLAINTIFFS REPLY IN SUPPORT OF PLAINTIFFS MOTIONS TO EXCLUDE EXPERT OPINIONS, REPORTS, AND TESTIMONY OF DEFENDANTS EXPERTS PETER ROSSI, SARAH BUTLER, AND JEFFREY HICKS per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Text of Proposed Order) (Ercole, Brian)
February 26, 2021 Filing 288 RESPONSE in Support re #253 MOTION to Seal TO RETAIN DOCUMENTS UNDER SEAL FILED IN SUPPORT OF PLAINTIFFS MOTIONS TO EXCLUDE EXPERT OPINIONS, REPORTS, AND TESTIMONY OF DEFENDANTS EXPERTS RON WILCOX, PETER ROSSI, SARAH BUTLER, AND JEFFREY HICKS per Local Rule 5.4 filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
February 23, 2021 Filing 287 NOTICE by Rodney Baker, Javier Cardenas, Michelle Monge re #278 Notice (Other) PLAINTIFFS RESPONSE TO DEFENDANTS NOTICE OF REQUEST FOR ORAL ARGUMENT (Prieto, Peter)
February 19, 2021 Filing 285 RESPONSE in Support re #250 MOTION in Limine filed by Southeast Toyota Distributors, LLC. (Sacks, Robert)
February 19, 2021 Filing 284 RESPONSE in Support re #249 MOTION in Limine MOTION TO EXCLUDE THE OPINIONS, REPORTS AND TESTIMONY OF PLAINTIFFS EXPERTS STEVEN GASKIN AND COLIN WEIR filed by Southeast Toyota Distributors, LLC. (Sacks, Robert)
February 19, 2021 Filing 283 Plaintiff's MOTION to Seal PLAINTIFFS' MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 by Rodney Baker, Javier Cardenas, Michelle Monge. (Attachments: #1 Text of Proposed Order) (Prieto, Peter)
February 19, 2021 Filing 282 RESPONSE in Support re #246 MOTION in Limine MOTION TO EXCLUDE AND/OR STRIKE EXPERT OPINIONS OF MURAT OKUOLU, STEVEN PARKHURST, DON WRIGHT, STEVEN GASKIN, COLIN WEIR, AND EDWARD SOBEK FOR TRIAL AND ALL OTHER PURPOSES AND MEMORANDUM OF LAW filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
February 19, 2021 Filing 281 RESPONSE in Support re #248 MOTION in Limine and Memorandum of Law in Support of Motion filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit EX. 1 (Monge Dep. Excerpts), #3 Exhibit EX. 2 (Cardenas Dep. Excerpts), #4 Exhibit EX. 3 (Baker Dep. Excerpts))(Ercole, Brian)
February 19, 2021 Filing 280 RESPONSE in Opposition re #253 MOTION to Seal TO RETAIN DOCUMENTS UNDER SEAL FILED IN SUPPORT OF PLAINTIFFS MOTIONS TO EXCLUDE EXPERT OPINIONS, REPORTS, AND TESTIMONY OF DEFENDANTS EXPERTS RON WILCOX, PETER ROSSI, SARAH BUTLER, AND JEFFREY HICKS per Local Rule 5.4 filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 2/26/2021. (Prieto, Peter)
February 19, 2021 SYSTEM ENTRY - Docket Entry 286 [misc] restricted/sealed until further notice. (514930)
February 17, 2021 Opinion or Order Filing 279 ORDER GRANTING PLAINTIFFS' MOTION TO TEMPORARILY MAINTAIN FILINGS UNDER SEAL granting #268 Motion to Seal. The subject filings and exhibits (ECF Nos. 269-72, 274, 276-77) will remain under seal until further order by this Court. Signed by Magistrate Judge Lauren Fleischer Louis on 2/17/2021. See attached document for full details. (pcs)
February 16, 2021 Filing 278 NOTICE by Southeast Toyota Distributors, LLC, Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc. (Ercole, Brian)
February 12, 2021 Filing 275 RESPONSE in Opposition re #247 Plaintiff's MOTION in Limine OMNIBUS MOTION FOR ORDERS IN LIMINE filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Replies due by 2/19/2021. (Attachments: #1 Exhibit Ex. 01 (Monge Dep. Excerpts), #2 Exhibit Ex. 02 (Cardenas Dep. Excerpts), #3 Exhibit Ex. 03 (TMC Dep. Excerpts), #4 Exhibit Ex. 04 (Baker Dep. Excerpts), #5 Exhibit Ex. 05 (Okcuoglu Dep. Excerpts - ECF No. 205-4), #6 Exhibit EX. 06 (Sobek Dep. Excerpts), #7 Exhibit Ex. 7 (Parkhurst Dep. Excerpt), #8 Affidavit Declaration of B. Ercole)(Ercole, Brian)
February 12, 2021 Filing 273 RESPONSE in Opposition re #247 Plaintiff's MOTION in Limine OMNIBUS MOTION FOR ORDERS IN LIMINE filed by Southeast Toyota Distributors, LLC. Replies due by 2/19/2021. (Sacks, Robert)
February 12, 2021 Filing 268 Plaintiff's MOTION to Seal Plaintiffs' Motion to Temporarily Maintain Filing Under Seal per Local Rule 5.4 by Rodney Baker, Javier Cardenas, Michelle Monge. (Attachments: #1 Text of Proposed Order) (Prieto, Peter)
February 12, 2021 Filing 267 RESPONSE in Support re #232 Plaintiff's MOTION to Seal MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 PLAINTIFFS' REPLY IN SUPPORT OF THEIR MOTION TO EXCLUDE EXPERT OPINIONS, REPORTS,AND TESTIMONY OF DEFENDANTS' EXPERT PAMELA DALTON filed by Rodney Baker, Javier Cardenas, Michelle Monge. (Attachments: #1 Exhibit)(Prieto, Peter)
February 12, 2021 Filing 266 RESPONSE in Opposition re #246 MOTION in Limine MOTION TO EXCLUDE AND/OR STRIKE EXPERT OPINIONS OF MURAT OKUOLU, STEVEN PARKHURST, DON WRIGHT, STEVEN GASKIN, COLIN WEIR, AND EDWARD SOBEK FOR TRIAL AND ALL OTHER PURPOSES AND MEMORANDUM OF LAW filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 2/19/2021. (Attachments: #1 Exhibit)(Prieto, Peter)
February 12, 2021 SYSTEM ENTRY - Docket Entry 270 [misc] restricted/sealed until further notice. (514930)
February 12, 2021 SYSTEM ENTRY - Docket Entry 269 [misc] restricted/sealed until further notice. (514930)
February 12, 2021 SYSTEM ENTRY - Docket Entry 272 [misc] restricted/sealed until further notice. (514930)
February 12, 2021 SYSTEM ENTRY - Docket Entry 277 [misc] restricted/sealed until further notice. (514930)
February 12, 2021 SYSTEM ENTRY - Docket Entry 276 [misc] restricted/sealed until further notice. (514930)
February 12, 2021 SYSTEM ENTRY - Docket Entry 271 [misc] restricted/sealed until further notice. (514930)
February 12, 2021 SYSTEM ENTRY - Docket Entry 274 [misc] restricted/sealed until further notice. (514930)
February 11, 2021 Filing 265 RESPONSE in Support re #229 MOTION to Seal per Local Rule 5.4 Certain Confidential Records filed by Southeast Toyota Distributors, LLC. (Sacks, Robert)
February 10, 2021 SYSTEM ENTRY - Docket Entry 264 [misc] restricted/sealed until further notice. (1306425)
February 9, 2021 Filing 263 RESPONSE in Support re #226 Defendant's MOTION to Seal per Local Rule 5.4 TO RETAIN FILINGS UNDER SEAL IN CONNECTION WITH PLAINTIFFS OPPOSITIONS TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Affidavit Declaration of C. Hitt)(Ercole, Brian)
February 9, 2021 Opinion or Order Filing 262 ORDER granting #206 Motion to Seal; granting #222 Motion to Seal; granting #232 Motion to Seal; granting #240 Motion to Seal. Signed by Magistrate Judge Lauren Fleischer Louis on 2/9/2021. See attached document for full details. (eb00)
February 8, 2021 Opinion or Order Filing 261 PAPERLESS ORDER granting #260 . The Clerk of the Court is directed to strike ECF No. 254-3 from the record. Signed by Magistrate Judge Lauren Fleischer Louis on 2/8/2021. (eb00)
February 8, 2021 Filing 260 EMERGENCY Unopposed MOTION to Strike Docket Entry 254-3 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 2/22/2021 (Attachments: #1 Text of Proposed Order)(Ercole, Brian) Text Modified on 2/8/2021 (ail).
February 7, 2021 Opinion or Order Filing 259 PAPERLESS ORDER denying as moot #174 Motion to Seal. The Motion is mooted upon the filing of #182 Defendants' Amended Motion to Seal. Signed by Magistrate Judge Lauren Fleischer Louis on 2/7/2021. (LFL)
February 5, 2021 Filing 258 RESPONSE in Opposition re #232 Plaintiff's MOTION to Seal MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 and TO PLAINTIFFS MOTION TO EXCLUDE OPINIONS, REPORTS AND TESTIMONY OF JEFFREY HICKS filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Replies due by 2/12/2021. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit EX. 01 (Cardenas Dep. Excerpts), #3 Exhibit EX. 02 (Suppl Expert Report of Jeffrey Hicks (1.28.2021), #4 Exhibit EX. 03 (Hicks Dep. Excerpts), #5 Exhibit EX. 04 (Hicks Rebuttal Report), #6 Exhibit EX. 05 (Parkhurst Dep. Excerpts), #7 Exhibit EX. 06 (Kuhn Dep. Excerpts), #8 Exhibit EX. 07 (Inspection Protocol TOY-CARDENAS-HICKS-001101), #9 Exhibit EX. 08 (Monge Dep. Excerpts), #10 Exhibit EX. 09 (AIHA Article Excerpts), #11 Exhibit Ex. 10 - map from Cardenas to Ackerman Toyota)(Ercole, Brian)
February 5, 2021 Filing 257 RESPONSE in Opposition re #232 Plaintiff's MOTION to Seal MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 and PLAINTIFFS MOTION TO EXCLUDE THE EXPERT OPINIONS, REPORTS, AND TESTIMONY OF DEFENDANTS EXPERT RONALD T. WILCOX filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Replies due by 2/12/2021. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit EX. 1 (Rebuttal Report of Steven Gaskin), #3 Exhibit Ex. 2 Wilcox, #4 Exhibit EX. 3 (Butler Expert Report), #5 Exhibit Ex. 4 Baker, #6 Exhibit EX. 5 (Gaskin Expert Report), #7 Exhibit Ex. 6 Ockuoglu, #8 Exhibit Ex. 7 Gaskin, #9 Exhibit Ex. 8 Monge, #10 Exhibit Ex. 9 Kirton, #11 Exhibit Ex. 10 Fleeger, #12 Exhibit EX. 11 Composite (Pls. Rog Responses 10))(Ercole, Brian)
February 5, 2021 Filing 256 RESPONSE in Opposition re #232 Plaintiff's MOTION to Seal MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 and to PLAINTIFFS MOTION TO EXCLUDE EXPERT OPINIONS, REPORT, AND TESTIMONY OF DEFENDANTS EXPERT SARAH BUTLER filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Replies due by 2/12/2021. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit EX. 1 (Baker Dep. Excerpts), #3 Exhibit EX. 2 (Butler Expert Report), #4 Exhibit EX. 3 (Butler Dep. Excerpts), #5 Exhibit EX. 4 (Rebuttal Report of Steven Gaskin), #6 Exhibit EX. 5 (Gaskin Expert Report), #7 Exhibit EX. 6 (Cardenas Dep. Excerpts), #8 Exhibit EX. 7 (Okcuoglu Dep. Excerpts), #9 Exhibit EX. 8 (ECF 176-27_Baker Suppl Ans to Interrog), #10 Exhibit EX. 9 (ECF 176-31_Cardenas Suppl Ans to Interrog), #11 Exhibit EX. 10 (ECF 176-35_Monge Suppl Ans to Interrog), #12 Exhibit EX. 11 (Gaskin Dep. Excerpts), #13 Exhibit EX. 12 (Fleeger Dep. Excerpts), #14 Exhibit EX. 13 (Monge Dep. Excerpts), #15 Exhibit EX. 14 (Kirton Dep. Excerpts))(Ercole, Brian)
February 5, 2021 Filing 255 RESPONSE in Opposition re #232 Plaintiff's MOTION to Seal MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 and PLAINTIFFS MOTION TO EXCLUDE THE EXPERT OPINIONS, REPORTS, AND TESTIMONY OF TOYOTAS EXPERT PAMELA DALTO filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Replies due by 2/12/2021. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit EX. 01 (Dalton Report), #3 Exhibit EX. 02 (Dalton Dep. Excerpts), #4 Exhibit EX. 03 (Parkhurst Dep. Excerpts))(Ercole, Brian)
February 5, 2021 Filing 254 RESPONSE in Opposition re #232 Plaintiff's MOTION to Seal MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Replies due by 2/12/2021. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit Ex. 1 (Rossi Expert Report),STRICKEN PER DE 261 #3. #3 Exhibit Ex. 2 (Weir Expert Report), #4 Exhibit Ex. 3 (Weir Dep. Excerpts), #5 Exhibit Ex. 4 (Wright Dep. Excerpts), #6 Exhibit Ex. 5 (Rossi Dep. Excerpts), #7 Exhibit Ex. 6 (Okcuoglu Dep. Excerpts), #8 Exhibit Ex. 7 (Gaskin Dep. Excerpts), #9 Exhibit Ex. 8 (Monge Dep. Excerpts), #10 Exhibit Ex. 9 (Kirton Dep. Excerpts), #11 Exhibit Ex. 10 (Fleeger Dep. Excerpts))(Ercole, Brian) Modified on 2/8/2021 (lbc).
February 5, 2021 Filing 253 MOTION to Seal TO RETAIN DOCUMENTS UNDER SEAL FILED IN SUPPORT OF PLAINTIFFS MOTIONS TO EXCLUDE EXPERT OPINIONS, REPORTS, AND TESTIMONY OF DEFENDANTS EXPERTS RON WILCOX, PETER ROSSI, SARAH BUTLER, AND JEFFREY HICKS per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Text of Proposed Order) (Ercole, Brian)
February 4, 2021 Filing 252 RESPONSE in Opposition re #229 MOTION to Seal per Local Rule 5.4 Plaintiffs Response in Opposition to Defendant Southeast Toyota Distributors, LLC's Motion to Maintain Under Seal Certain Confidential Records filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 2/11/2021. (Prieto, Peter)
February 2, 2021 Filing 251 RESPONSE in Opposition re #226 Defendant's MOTION to Seal per Local Rule 5.4 filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 2/9/2021. (Prieto, Peter)
January 30, 2021 Filing 250 MOTION in Limine by Southeast Toyota Distributors, LLC. (Sacks, Robert)
January 29, 2021 Filing 249 MOTION in Limine MOTION TO EXCLUDE THE OPINIONS, REPORTS AND TESTIMONY OF PLAINTIFFS EXPERTS STEVEN GASKIN AND COLIN WEIR by Southeast Toyota Distributors, LLC. (Sacks, Robert)
January 29, 2021 Filing 248 MOTION in Limine and Memorandum of Law in Support of Motion by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit EX. 01 (ECF 176-27_Baker Suppl Ans to Interrog), #3 Exhibit EX. 02 (ECF 176-31_Cardenas Suppl Ans to Interrog), #4 Exhibit EX. 03 (ECF 176-35_Monge Suppl Ans to Interrog), #5 Exhibit EX. 04 (ECF 176-24_Baker Dep. Excerpts), #6 Exhibit EX. 05 (ECF 176-29_Cardenas Dep. Excerpts), #7 Exhibit EX. 06 (ECF 176-33_Monge Dep. Excerpts), #8 Exhibit EX. 07 (ECF 196-2_Gaskin Dep. Excerpts), #9 Exhibit EX. 08 (5-13-20 email from Graden), #10 Exhibit EX. 09 (ECF 176-28_Baker Ans Interrog No. 10), #11 Exhibit EX. 10 (ECF 176-32_Cardenas Ans Interrog No. 10), #12 Exhibit EX. 11 (ECF 176-36_Monge Ans Interrog No. 10), #13 Exhibit EX. 12 (ECF 176-41_Parkhurst Dep. Excerpts), #14 Exhibit EX. 13 (ECF 176-3_Okcuoglu Dep. Excerpts), #15 Exhibit EX. 14 (ECF 176-44_Weir Dep. Excerpts), #16 Exhibit EX. 15 (ECF 111 (09.03.20) Order re Motions to Compel), #17 Exhibit EX. 16 (1997 TSB), #18 Exhibit EX. 17 (TMC Dep. Excerpts))(Ercole, Brian)
January 29, 2021 Filing 247 Plaintiff's MOTION in Limine OMNIBUS MOTION FOR ORDERS IN LIMINE by Rodney Baker, Javier Cardenas, Michelle Monge. (Attachments: #1 Exhibit)(Prieto, Peter)
January 29, 2021 Filing 246 MOTION in Limine MOTION TO EXCLUDE AND/OR STRIKE EXPERT OPINIONS OF MURAT OKUOLU, STEVEN PARKHURST, DON WRIGHT, STEVEN GASKIN, COLIN WEIR, AND EDWARD SOBEK FOR TRIAL AND ALL OTHER PURPOSES AND MEMORANDUM OF LAW by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit 1 - ECF 195 TMC Motion to Exclude Expert Opinions, #3 Exhibit 2 - ECF 196 TMC Motion to Exclude Reports, #4 Exhibit 3 - ECF 227 TMC Reply iso Motion to Exclude Expert Opinions, #5 Exhibit 4 - ECF 228 TMC Reply iso Motion to Exclude Reports, #6 Exhibit 5 - ECF 183 TMC Motion to Strike Sur-Rebuttal, #7 Exhibit 6 - ECF 219 TMC Reply iso Motion to Strike Sur-Rebuttal, #8 Exhibit 7 - Rebuttal Report of Edward Sobek, #9 Exhibit 8 -Supplemental Expert Report of Jeffrey Hicks, #10 Exhibit 9 - Sobek Dep. Excerpts)(Ercole, Brian)
January 29, 2021 Filing 245 RESPONSE in Support re #204 Defendant's MOTION to Seal CONNECTION WITH THEIR OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION per Local Rule 5.4 filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
January 25, 2021 Filing 244 NOTICE by Southeast Toyota Distributors, LLC re #229 MOTION to Seal per Local Rule 5.4 NOTICE OF FILING (Attachments: #1 Exhibit A - Declaration of Craig Pollock) (Sacks, Robert)
January 22, 2021 Filing 242 RESPONSE in Support re #175 Defendant's MOTION for Summary Judgment and Memorandum of Law filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit EX 11 (Wright Dep. Excerpts), #2 Exhibit EX 12 (Monge Dep. Excerpts), #3 Exhibit EX 13 (Cardenas Dep. Excerpts), #4 Exhibit EX 14 (Baker Dep. Excerpts), #5 Exhibit EX 15 (Gaskin Dep. Excerpts), #6 Exhibit EX 16 (Weir Dep. Excerpts), #7 Exhibit EX 17 (Okcuoglu Dep. Excerpts), #8 Exhibit EX 18 (Parkhurst Dep. Excerpts), #9 Exhibit EX 19 (Hicks Dep. Excerpts))(Ercole, Brian)
January 22, 2021 Filing 241 Defendant's REPLY Statement of Undisputed Facts in Support of Their Motion for Summary Judgment by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit EX 01 (Wright Dep, Excerpts), #2 Exhibit EX 02 (TMC Dep. Excerpts), #3 Exhibit EX 03 (Young Dep. Excerpts), #4 Exhibit EX 04 (Leighton Dep. Excerpts), #5 Exhibit EX 05 (Silva Dep. Excerpts), #6 Exhibit EX 06 (Suzuki Dep. Excerpts), #7 Exhibit EX 07 (Okcuoglu Dep. Excerpts), #8 Exhibit EX 08 (Monge Dep. Excerpts), #9 Exhibit EX 09 (Cardenas Dep. Excerpts), #10 Exhibit EX 10 (Baker Dep. Excerpts), #11 Exhibit EX 11 Ercole Declaration)(Ercole, Brian)
January 22, 2021 Filing 240 Defendant's MOTION to Seal Reply Statement of Undisputed Material Facts per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Text of Proposed Order) (Ercole, Brian)
January 22, 2021 Filing 239 RESPONSE TO PLAINTIFFS ADDITIONAL STATEMENT OF MATERIAL FACTS IN OPPOSITION TO SOUTHEAST TOYOTA DISTRIBUTORS, LLCS MOTION FOR SUMMARY by Southeast Toyota Distributors, LLC. (Attachments: #1 Exhibit A - Pollock Tr. Excerpts, #2 Exhibit B - Geiger Tr. Excerpts, #3 Exhibit C - Silva Tr. Excerpts, #4 Exhibit D - Kinsey Tr. Excerpts)(Sacks, Robert)
January 22, 2021 Filing 238 RESPONSE in Support re #179 MOTION for Summary Judgment with Incorporated Memorandum of Law filed by Southeast Toyota Distributors, LLC. (Sacks, Robert)
January 22, 2021 Filing 232 Plaintiff's MOTION to Seal MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 by Rodney Baker, Javier Cardenas, Michelle Monge. (Attachments: #1 Text of Proposed Order) (Prieto, Peter)
January 22, 2021 Filing 231 Defendant's MOTION to Seal per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Text of Proposed Order) (Ercole, Brian)
January 22, 2021 Filing 230 RESPONSE in Opposition re #204 Defendant's MOTION to Seal CONNECTION WITH THEIR OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION per Local Rule 5.4 filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 1/29/2021. (Prieto, Peter)
January 22, 2021 SYSTEM ENTRY - Docket Entry 233 [motion] restricted/sealed until further notice. (514930)
January 22, 2021 SYSTEM ENTRY - Docket Entry 234 [motion] restricted/sealed until further notice. (514930)
January 22, 2021 SYSTEM ENTRY - Docket Entry 236 [motion] restricted/sealed until further notice. (514930)
January 22, 2021 SYSTEM ENTRY - Docket Entry 243 [misc] restricted/sealed until further notice. (514930)
January 22, 2021 SYSTEM ENTRY - Docket Entry 237 [motion] restricted/sealed until further notice. (514930)
January 22, 2021 SYSTEM ENTRY - Docket Entry 235 [motion] restricted/sealed until further notice. (514930)
January 21, 2021 Filing 229 MOTION to Seal per Local Rule 5.4 by Southeast Toyota Distributors, LLC. (Attachments: #1 Affidavit Craig Pollock (Slipsheet), #2 Affidavit Karen Schmitt) (Zipper, Joshua)
January 20, 2021 Filing 228 REPLY to Response to Motion re #196 MOTION in Limine to Exclude the Opinions, Reports, and Testimony of Steven Gaskin and Colin Weir for Purposes of Class Certification and Summary Judgment filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
January 20, 2021 Filing 227 REPLY to Response to Motion re #195 MOTION in Limine to Exclude Expert Opinions of Murat Okcuoglu, Steven Parkhurst, and Don Wright for Purposes of Class Certification and Summary Judgment filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Declaration, #2 Exhibit 1 (Parkhurst Deposition Excerpts))(Ercole, Brian)
January 19, 2021 Filing 226 Defendant's MOTION to Seal per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Text of Proposed Order) (Ercole, Brian)
January 14, 2021 Filing 225 Clerks Notice to Filer re 224 SEALED MOTION, 223 Plaintiff's SEALED MOTION. Wrong Event Selected; ERROR - The Filer selected the wrong event, this document is not a Motion. The document has been corrected by the Clerk. It is not necessary to refile this document. (nc)
January 13, 2021 Filing 222 Plaintiff's MOTION to Seal TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 by Rodney Baker, Javier Cardenas, Michelle Monge. (Attachments: #1 Text of Proposed Order) (Prieto, Peter)
January 13, 2021 Filing 221 REPLY to Response to Motion re #189 MOTION to Strike Sur-Rebuttal Reports of Plaintiffs' Experts Steven Gaskin and Colin Weir filed by Southeast Toyota Distributors, LLC. (Zipper, Joshua)
January 13, 2021 Filing 220 RESPONSE in Opposition re #194 MOTION to Seal FILINGS IN CONNECTION WITH THEIR MOTIONS TO EXCLUDE THE OPINIONS, REPORTS, AND TESTIMONY OF STEVEN GASKIN, COLIN WEIR, MURAT OKUOLU, STEVEN PARKHURST, AND DON WRIGHT per Local Rule 5.4 filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 1/20/2021. (Prieto, Peter)
January 13, 2021 Filing 219 RESPONSE in Support re #183 MOTION to Strike Sur-Rebuttal Expert Reports Submitted After The Close Of Discovery And Memorandum Of Law filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit A)(Ercole, Brian)
January 13, 2021 SYSTEM ENTRY - Docket Entry 224 [motion] restricted/sealed until further notice. (514930)
January 13, 2021 SYSTEM ENTRY - Docket Entry 223 [motion] restricted/sealed until further notice. (514930)
January 12, 2021 Filing 218 RESPONSE in Support re #190 MOTION to Seal Motion To Retain Documents Under Seal Filed In Connection With Plaintiffs' Motion For Class Certification (ECF No. 181) per Local Rule 5.4 filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
January 11, 2021 Opinion or Order Filing 217 PAPERLESS ORDER granting #215 . The Clerk of the Court is directed to strike ECF Nos. 207, 208 and 209 from the record, and restrict public access to ECF Nos. 207, 208, and 209 and all attachments. ECF Nos. 211, 212 and 213 shall remain filed under seal until further order of the Court. Signed by Magistrate Judge Lauren Fleischer Louis on 1/11/2021. (agn) Modified text per Chambers on 1/11/2021 (wc).
January 11, 2021 Filing 216 Clerks Notice to Filer re 211 Plaintiff's SEALED MOTION . Wrong Event Selected; ERROR - The Filer selected the wrong event, this document is not a Motion. The document was corrected by the Clerk. It is not necessary to refile this document. (nc)
January 11, 2021 Filing 215 Plaintiff's MOTION to Strike EMERGENCY MOTION TO STRIKE DOCKET ENTRIES 207, 208 and 209 by Rodney Baker, Javier Cardenas, Michelle Monge. Responses due by 1/25/2021 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
January 11, 2021 Opinion or Order Filing 214 REVISED SCHEDULING ORDER: Jury Trial set for 6/21/2021 in Miami Division before Judge Federico A. Moreno., Calendar Call set for 6/15/2021 02:00 PM in Miami Division before Judge Federico A. Moreno. The motion for extension of time/pretrial deadlines and motion to continue are granted in part and denied in part as set forth in the order. Motions terminated: #201 Expedited MOTION for Extension of Time/Pretrial Deadlines or, in the Alternative, Extend until 45 days after Resolution of Motions for Summary Judgment and Class Certification MOTION to Continue Trial for 90 days filed by Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc.. Signed by Judge Federico A. Moreno on 1/11/2021. See attached document for full details. (zgz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
January 9, 2021 Filing 209 (STRICKEN PER DE#217)RESPONSE in Opposition re #179 MOTION for Summary Judgment with Incorporated Memorandum of Law filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 1/19/2021. (Prieto, Peter)Text Modified on 1/11/2021 (cqs).
January 9, 2021 Filing 208 (STRICKEN PER DE#217)Statement of: PLAINTIFFS STATEMENT OF GENUINE DISPUTES IN OPPOSITION TO DEFENDANTS TOYOTA MOTOR CORPORATION, TOYOTA MOTOR SALES U.S.A., INC., AND TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC.S MOTION FOR SUMMARY JUDGMENT by Rodney Baker, Javier Cardenas, Michelle Monge re #176 Statement,,,,,,,, (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit, #62 Exhibit, #63 Exhibit, #64 Exhibit, #65 Exhibit, #66 Exhibit, #67 Exhibit, #68 Exhibit, #69 Exhibit, #70 Exhibit, #71 Exhibit, #72 Exhibit, #73 Exhibit, #74 Exhibit, #75 Exhibit, #76 Exhibit, #77 Exhibit, #78 Exhibit, #79 Exhibit, #80 Exhibit, #81 Exhibit, #82 Exhibit, #83 Exhibit, #84 Exhibit)(Prieto, Peter)Text Modified on 1/11/2021 (cqs).
January 9, 2021 SYSTEM ENTRY - Docket Entry 210 [misc] restricted/sealed until further notice. (514930)
January 9, 2021 SYSTEM ENTRY - Docket Entry 213 [misc] restricted/sealed until further notice. (514930)
January 9, 2021 SYSTEM ENTRY - Docket Entry 212 [motion] restricted/sealed until further notice. (514930)
January 9, 2021 SYSTEM ENTRY - Docket Entry 211 [motion] restricted/sealed until further notice. (514930)
January 8, 2021 Filing 207 (STRICKEN PER DE#217)RESPONSE in Opposition re #175 Defendant's MOTION for Summary Judgment and Memorandum of Law filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 1/15/2021. (Prieto, Peter)Text Modified on 1/11/2021 (cqs).
January 8, 2021 Filing 206 Plaintiff's MOTION to Seal TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Local Rule 5.4 by Rodney Baker, Javier Cardenas, Michelle Monge. (Attachments: #1 Text of Proposed Order) (Prieto, Peter)
January 8, 2021 Filing 205 RESPONSE in Opposition re #177 Plaintiff's MOTION to Seal MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Order authorizing the submission of this document under seal Plaintiffs' Motion for Class Certification filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Replies due by 1/15/2021. (Attachments: #1 Exhibit EX. 01 (Variation Chart), #2 Exhibit EX. 02 (Annotated Trial Plan), #3 Exhibit EX. 03 (2020-10-08 Hrg Tr. Excerpts), #4 Exhibit EX. 04 (Okcuoglu Dep. Excerpts), #5 Exhibit EX. 05 (Kuhn Declaration), #6 Exhibit Ex. 06 (Baker Dep. Excerpts), #7 Exhibit Ex. 07 (Young Dep. Excerpts), #8 Exhibit Ex. 08 (TMC Dep. Excerpts), #9 Exhibit EX. 09 (Suzuki Dep. Excerpts), #10 Exhibit EX. 10 (Wright Rebuttal Report), #11 Exhibit EX. 11 (Wright Dep. Excerpts), #12 Exhibit EX. 12-Seal, #13 Exhibit EX. 13 (Kirton Dep. Excerpts), #14 Exhibit EX. 14 (Dalton Declaration), #15 Exhibit EX. 15 (Monge Dep. Excerpts), #16 Exhibit EX. 16 (Cardenas Dep. Excerpts), #17 Exhibit EX. 17 (Hicks Declaration), #18 Exhibit EX. 18 (Parkhurst Expert Report), #19 Exhibit EX. 19 (Parkhurst Dep. Excerpts), #20 Exhibit EX. 20 (Cosgrove Dep. Excerpts), #21 Exhibit EX. 21 (Silva Dep. Excerpts), #22 Exhibit EX. 22 (Pollock Dep. Excerpts), #23 Exhibit EX.23-Seal, #24 Exhibit EX. 24 (Saenz Dep. Excerpts), #25 Exhibit EX. 25 (Sobek Dep. Excerpts), #26 Exhibit EX. 26 (Hicks Dep. Excerpts), #27 Exhibit EX. 27 (Pls' Ans and Suppl Ans to Toyota Interrogs), #28 Exhibit EX. 28 (Toyota Camry Owner Manuals), #29 Exhibit EX. 29 (Butler Declaration), #30 Exhibit EX. 30 (Rossi Declaration), #31 Exhibit EX. 31 (Gaskin Expert Report), #32 Exhibit EX.32-Seal, #33 Exhibit EX. 33 (Weir Dep. Excerpts), #34 Exhibit EX. 34-Seal, #35 Exhibit EX. 35 (Fleeger Dep. Excerpts), #36 Exhibit EX. 36 (Gaskin Dep. Excerpts)EX. 37 (Monge_Toyota_000067-000070 Contract)_Redacted, #37 Exhibit EX. 37 (Monge_Toyota_000067-000070 Contract)_Redacted, #38 Exhibit EX. 38 (Rossi Dep. Excerpts), #39 Exhibit EX. 39 (Cardenas_Toyota-000021-024_000661-64)_Redacted, #40 Exhibit EX. 40 (Warranty_Maintenance Guides), #41 Exhibit EX. 41 (Geiger Dep. Excerpts), #42 Exhibit EX. 42 (TMC Resp to Interrogs Excerpts), #43 Exhibit EX. 43 (Kirton_Toyota_000001-000002)_Redacted, #44 Exhibit EX. 44 (Baker_Toyota_000001), #45 Exhibit EX. 45 (Baker_Toyota_000008-9)_Redacted, #46 Exhibit EX. 46 (Baker_Toyota_000018-000019)_Redacted, #47 Exhibit Ex. 47 Ercole Declaration for Class Opposition)(Ercole, Brian)
January 8, 2021 Filing 204 Defendant's MOTION to Seal CONNECTION WITH THEIR OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Text of Proposed Order) (Ercole, Brian)
January 8, 2021 Filing 203 MEMORANDUM in Opposition to Plaintiffs' Motion for Class Certification by Southeast Toyota Distributors, LLC. (Attachments: #1 Exhibit A - Deposition of Monge, #2 Exhibit B - Deposition of Cardenas, #3 Exhibit C - Deposition of Baker, #4 Exhibit D - Deposition of Kirton, #5 Exhibit E - Wilcox Rebuttal Report, #6 Exhibit F - Deposition of Pollock, #7 Exhibit G - Deposition of Okcuoglu, #8 Exhibit H - Deposition of Gaskin, #9 Exhibit I - Deposition of Silva, #10 Exhibit J - Deposition of Geiger, #11 Exhibit K - Kuhn Report, #12 Exhibit L - Declaration of Craig Pollock and Exhibits)(Sacks, Robert)
January 8, 2021 Filing 202 Clerks Notice to Filer re #201 Defendant's MOTION for Extension of Time EXTEND PRETRIAL DEADLINES AND CONTINUE TRIAL FOR 90 DAYS, OR, IN THE ALTERNATIVE, TO EXTEND PRETRIAL DEADLINES AND CONTINUE TRIAL UNTIL 45 DAYS AFTER RESOLUTION OF MOTIONS FOR SUMMARY JUDGMENT AND CLASS CE. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls)
January 7, 2021 Filing 201 Expedited MOTION for Extension of Time/Pretrial Deadlines or, in the Alternative, Extend until 45 days after Resolution of Motions for Summary Judgment and Class Certification by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 1/21/2021 (Attachments: #1 Exhibit 1-Declaration of B. Ercole, #2 Text of Proposed Order, #3 Text of Proposed Order)(Ercole, Brian). Added MOTION to Continue Trial for 90 days on 1/8/2021 (ls).
January 6, 2021 Filing 200 RESPONSE in Opposition re #189 MOTION to Strike Sur-Rebuttal Reports of Plaintiffs' Experts Steven Gaskin and Colin Weir, #183 MOTION to Strike Sur-Rebuttal Expert Reports Submitted After The Close Of Discovery And Memorandum Of Law filed by Rodney Baker, Javier Cardenas, Michelle Monge. Replies due by 1/13/2021. (Prieto, Peter)
January 5, 2021 Filing 199 STIPULATION of Dismissal WITH PREJUDICE AS TO ALL CLAIMS BROUGHT by Kurt Kirton (Prieto, Peter)
January 5, 2021 Filing 198 RESPONSE in Opposition re #190 MOTION to Seal Motion To Retain Documents Under Seal Filed In Connection With Plaintiffs' Motion For Class Certification (ECF No. 181) per Local Rule 5.4 filed by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Replies due by 1/12/2021. (Prieto, Peter)
January 4, 2021 Filing 197 RESPONSE in Support re #182 Amended MOTION to Seal Filings in Connection with their Motion for Summary Judgment per Local Rule 5.4 filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
December 30, 2020 Filing 196 MOTION in Limine to Exclude the Opinions, Reports, and Testimony of Steven Gaskin and Colin Weir for Purposes of Class Certification and Summary Judgment by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit A Declaration of Brian M. Ercole, #2 Exhibit 1 Excerpts from Steven Gaskin Deposition (dated November 6, 2020), #3 Exhibit 2 Expert Report of Steven Gaskin (dated October 20, 2020), #4 Exhibit 3 Rebuttal Expert Report of Professor Peter Rossi (dated November 24, 2020), #5 Exhibit 4 Subject to Motion to Seal, #6 Exhibit 5 Subject to Motion to Seal, #7 Exhibit 6 Subject to Motion to Seal, #8 Exhibit 7 Subject to Motion to Seal, #9 Exhibit 8 Excerpts from Colin Weir Deposition (dated November 12, 2020), #10 Exhibit 9 Excerpts from Don Wright Deposition (dated November 12, 2020), #11 Exhibit 10 Excerpts from Peter Rossi Deposition (dated December 7, 2020), #12 Exhibit 11 Steven Gaskin, Navigating the Conjoint Analysis Minefield Article, #13 Exhibit 12 Subject to Motion to Seal, #14 Exhibit 13 Excerpts from Kurt Kirton Deposition (dated September 25, 2020), #15 Exhibit 14 Excerpts from Rodney Baker Deposition (dated September 17, 2020))(Ercole, Brian)
December 30, 2020 Filing 195 MOTION in Limine to Exclude Expert Opinions of Murat Okcuoglu, Steven Parkhurst, and Don Wright for Purposes of Class Certification and Summary Judgment by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit A Declaration of Brian M. Ercole, #2 Exhibit 1 Subject to Motion to Seal, #3 Exhibit 2 Excerpts from Murat Okcuoglu Deposition (dated October 30, 2020), #4 Exhibit 3 Expert Report of Steven Parkhurst (submitted on October 20, 2020), #5 Exhibit 4 Excerpts from Steven Parkhurst Deposition (dated November 17, 2020), #6 Exhibit 5 EPA Office of Inspector General Report No. 13-P-0356, #7 Exhibit 6 Rebuttal Expert Report of Jeffrey Hicks (dated November 18, 2020), #8 Exhibit 7 Excerpts from Edward Sobek Deposition (dated December 2, 2020), #9 Exhibit 8 Excerpts from Bradley Prezant, Donald M. Weekes & J. David Miller, Recognition, Evaluation, And Control Of Indoor Mold, AIHA, #10 Exhibit 9 Subject to Motion to Seal, #11 Exhibit 10 Excerpts from Don Wright Deposition (dated March 16, 2020), #12 Exhibit 11 Excerpts from Cardenas Answers to Toyota Interrogatories (dated March 16, 2020), #13 Exhibit 12 Excerpts from Monge Answers to Toyota Interrogatories (dated March 16, 2020), #14 Exhibit 13 Excerpts from Kirton Answers to Toyota Interrogatories (dated March 16, 2020), #15 Exhibit 14 Excerpts from Baker Answers to Toyota Interrogatories (dated March 16, 2020))(Ercole, Brian)
December 30, 2020 Filing 194 MOTION to Seal FILINGS IN CONNECTION WITH THEIR MOTIONS TO EXCLUDE THE OPINIONS, REPORTS, AND TESTIMONY OF STEVEN GASKIN, COLIN WEIR, MURAT OKUOLU, STEVEN PARKHURST, AND DON WRIGHT per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Affidavit C. Hitt Declaration, #2 Affidavit C. Hitt Declaration, #3 Text of Proposed Order) (Ercole, Brian)
December 28, 2020 Filing 193 RESPONSE in Opposition re #182 Amended MOTION to Seal Filings in Connection with their Motion for Summary Judgment per Local Rule 5.4 filed by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Replies due by 1/4/2021. (Prieto, Peter)
December 24, 2020 Opinion or Order Filing 192 PAPERLESS ORDER granting #191 Motion for Extension of Time. Plaintiffs' responses to Defendants' motions to strike are due on January 6, 2021. Signed by Magistrate Judge Lauren Fleischer Louis on 12/24/2020. (agn)
December 23, 2020 Filing 191 Plaintiff's MOTION for Extension of Time TO FILE PLAINTIFFS OPPOSITION TO DEFENDANTS MOTIONS TO STRIKE by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 1/6/2021 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
December 22, 2020 Filing 190 MOTION to Seal Motion To Retain Documents Under Seal Filed In Connection With Plaintiffs' Motion For Class Certification (ECF No. 181) per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit 1 (Hitt Declaration), #2 Proposed Order) (Ercole, Brian)
December 21, 2020 Filing 189 MOTION to Strike Sur-Rebuttal Reports of Plaintiffs' Experts Steven Gaskin and Colin Weir by Southeast Toyota Distributors, LLC. Responses due by 1/4/2021 (Sacks, Robert)
December 17, 2020 Opinion or Order Filing 188 PAPERLESS ORDER granting #177 Plaintiffs' Motion To Temporarily Maintain Filing Under Seal. The Motion certifies that Plaintiffs' Motion for Class Certification relies on documents Defendants have designated as confidential pursuant to the Parties' stipulated protective order. Plaintiffs request that the Motion for Class Certification remain under seal until the Court resolves an anticipated request by Defendants that some, but perhaps not all, of the exhibits and disclosures made in the Motion remain under seal. Upon good cause shown, Plaintiffs' Motion is granted and the Motion for Class Certification will remain under seal until the Court rules on Defendants' anticipated motion to maintain the filing under seal. That Motion shall be filed by no later than December 22, 2020. Signed by Magistrate Judge Lauren Fleischer Louis on 12/17/2020. (LFL)
December 16, 2020 Filing 187 NOTICE of Attorney Appearance by Joshua Zipper on behalf of Southeast Toyota Distributors, LLC. Attorney Joshua Zipper added to party Southeast Toyota Distributors, LLC(pty:dft). (Zipper, Joshua)
December 16, 2020 Filing 186 NOTICE by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge NOTICE OF FILING (Attachments: #1 Exhibit) (Prieto, Peter)
December 16, 2020 Opinion or Order Filing 185 ORDER granting #169 Motion for Extension of Time. Signed by Judge Federico A. Moreno on 12/16/2020. See attached document for full details. (zgz)
December 16, 2020 Opinion or Order Filing 184 PAPERLESS ORDER granting #171 Motion to Withdraw as Attorney. The Clerk of the Court is directed to terminate Attorney David J. DePiano as counsel for Defendant Southeast Toyota Distributors, LLC. Signed by Magistrate Judge Lauren Fleischer Louis on 12/16/2020. (agn)
December 16, 2020 Filing 183 MOTION to Strike Sur-Rebuttal Expert Reports Submitted After The Close Of Discovery And Memorandum Of Law by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 12/30/2020 (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Ercole, Brian)
December 15, 2020 Filing 182 Amended MOTION to Seal Filings in Connection with their Motion for Summary Judgment per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Affidavit Hitt Declaration, #2 Text of Proposed Order) (Ercole, Brian)
December 14, 2020 Filing 180 Statement of: Facts in Support of Motion for Summary Judgment by Southeast Toyota Distributors, LLC re #179 MOTION for Summary Judgment with Incorporated Memorandum of Law (Attachments: #1 Exhibit Composite Exhibit A_Pollock Deposition Excerpts, #2 Exhibit Composite Exhibit B_Fleeger Deposition Excerpts, #3 Exhibit Composite Exhibit C_TMC Corp Rep Young Deposition Excerpts, #4 Exhibit Composite Exhibit D_Kinsey Deposition Excerpts, #5 Exhibit Composite Exhibit E_Silva Deposition Excerpts, #6 Exhibit Exhibit F_Geiger Deposition Excerpts, #7 Exhibit Exhibit G_Email forwarding TSB_SET-CARDENAS00005489-5492, #8 Exhibit EXHIBIT H_Michigan Odor Study Summary, not attached pending a motion to seal due to confidentiality, #9 Exhibit Exhibit I_9.12,13 TSB_SET-CARDENAS00000180, #10 Exhibit Exhibit J_Camry Owner's Manual Page_SET-CARDENAS00000653, #11 Exhibit EXHIBIT K_Kuhn Report, not attached pending a motion to seal due to confidentiality, #12 Exhibit Exhibit L_Suzuki Deposition Excerpt, #13 Exhibit Exhibit M_Young Deposition Excerpt, #14 Exhibit Exhibit N_Cosgrove Deposition Excerpt, #15 Exhibit EXHIBIT O_Wright Rebuttal Report, not attached pending motion to seal due to confidentiality, #16 Exhibit Composite Exhibit P_Monge Deposition Excerpts, #17 Exhibit Composite Exhibit Q_Cardenas Deposition Excerpts, #18 Exhibit Composite Exhibit R_Baker Deposition Excerpts, #19 Exhibit Exhibit S_Kirton Deposition Excerpt, #20 Exhibit Composite Exhibit T_Plts Answers to SET Interrogatories, #21 Exhibit Composite Exhibit U_Gaskin Deposition Excerpts, #22 Exhibit Composite Exhibit V_Weir Deposition Excerpts, #23 Exhibit Exhibit W_Rossi Deposition Excerpt, #24 Exhibit Exhibit X_Okcuoglu Deposition Excerpt)(Sacks, Robert)
December 14, 2020 Filing 179 MOTION for Summary Judgment with Incorporated Memorandum of Law by Southeast Toyota Distributors, LLC. Responses due by 12/28/2020 (Sacks, Robert)
December 14, 2020 Filing 178 NOTICE by Southeast Toyota Distributors, LLC re #174 MOTION to Seal Filings in Connection with their Motion for Summary Judgment per Local Rule 5.4 Joinder of TMC's Motion to Seal (Sacks, Robert)
December 14, 2020 Filing 177 Plaintiff's MOTION to Seal MOTION TO TEMPORARILY MAINTAIN FILING UNDER SEAL per Order authorizing the submission of this document under seal by Rodney Baker, Javier Cardenas, Michelle Monge. (Attachments: #1 Text of Proposed Order) (Prieto, Peter)
December 14, 2020 Filing 176 Statement of: Facts in Support of Motion for Summary Judgment by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc. (Attachments: #1 Exhibit M. Allen Depo Excerpts, #2 Exhibit 2 Kuhn Declaration, #3 Exhibit 3 Okcuoglu Depo Excerpts, #4 Exhibit 4 S. Young 8.20.2020 Depo Excerpts, #5 Exhibit 5 A. Saenz Depo Excerpts, #6 Exhibit 6 D. Cosgrove Depo Excerpts, #7 Exhibit 7 D. Kinsey Depo Excerpts, #8 Exhibit 8 R. Suzuki Depo Excerpts, #9 Exhibit 9 Silva Depo Excerpts, #10 Exhibit 10 Pollock Depo Excerpts, #11 Exhibit 11 TMC 30(b)(6) Rep Depo Excerpts, #12 Exhibit 12 Under Seal, #13 Exhibit 13 Under Seal, #14 Exhibit 14 TOY-CARDENAS-00083752, #15 Exhibit 15 TOY-CARDENAS-00109058, #16 Exhibit 16 TOY-CARDENAS-00108516, #17 Exhibit 17 TMC Resp to Interrogs Excerpts, #18 Exhibit 18 Under Seal, #19 Exhibit 19 Under Seal, #20 Exhibit 20 Kirton Depo Excerpts, #21 Exhibit 21 Kirton_Toyota_000001-000002, #22 Exhibit 22 Kirton Suppl Resp to IROGS Excerpts, #23 Exhibit 23 Kirton Ans to IROGS Excerpts, #24 Exhibit 24 Baker Depo Excerpts, #25 Exhibit 25 Baker_Toyota_000001, #26 Exhibit 26 Baker_Toyota_000008-9, #27 Exhibit 27 Baker Suppl Ans to IROGS Excerpts, #28 Exhibit 28 Baker Ans to IROGS Excerpts, #29 Exhibit 29 Cardenas Depo Excerpts, #30 Exhibit 30 Cardenas_Toyota-000661-64, #31 Exhibit 31 Cardenas Suppl Ans to IROGS Excerpts, #32 Exhibit 32 Cardenas Ans to IROGS Excerpts, #33 Exhibit 33 Monge Depo Excerpts, #34 Exhibit 34 Monge_Toyota_000067-000070 Contract, #35 Exhibit 35 Monge Suppl Ans to IROGS Excerpts.pdf Exhibit, #36 Exhibit 36 Monge Ans to Toyota IROGS Excerpts, #37 Exhibit 37 Under Seal, #38 Exhibit 38 Gaskin Depo Excerpts, #39 Exhibit 39 Fleeger Depo Excerpts, #40 Exhibit 40 Hicks Depo Excerpts, #41 Exhibit 41 Parkhurst Depo Excerpts, #42 Exhibit 42 Hicks Decl for MSJ, #43 Exhibit 43 Sobek Depo Excerpts, #44 Exhibit 44 Weir Depo Excerpts, #45 Exhibit 45 B. Ercole Decl.)(Ercole, Brian)
December 14, 2020 Filing 175 Defendant's MOTION for Summary Judgment and Memorandum of Law by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 12/28/2020 (Ercole, Brian)
December 14, 2020 Filing 174 MOTION to Seal Filings in Connection with their Motion for Summary Judgment per Local Rule 5.4 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Affidavit C. Hitt Declaration, #2 Text of Proposed Order) (Ercole, Brian)
December 14, 2020 SYSTEM ENTRY - Docket Entry 181 [motion] restricted/sealed until further notice. (514930)
December 11, 2020 Filing 173 TRANSCRIPT of Telephonic Status Conference held on 12/8/2020 before Magistrate Judge Lauren Fleischer Louis, 1-57 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/11/2021. (apz)
December 8, 2020 Filing 172 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Status Conference held on 12/8/2020 on Plaintiffs' Notice of Intent to disclose surrebuttal expert opinion. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Melissa L. Troutner, John Gravante, III, Tyler S. Graden, Brian Michael Ercole, Robert Mark Brochin, Joshua Zipper. (Digital 13:28:19) (aw)
December 8, 2020 Filing 171 MOTION to Withdraw as Attorney for Southeast Toyota Distributors, LLC by David J. DePiano for / by Southeast Toyota Distributors, LLC. Responses due by 12/22/2020 (DePiano, David)
December 8, 2020 Filing 169 Joint MOTION for Extension of Time TO MODIFY BRIEFING SCHEDULE by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 12/22/2020 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
December 7, 2020 Filing 170 TRANSCRIPT of Hearing held on 11/20/20 before Magistrate Judge Lauren Fleischer Louis, 1-22 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2020. Redacted Transcript Deadline set for 1/7/2021. Release of Transcript Restriction set for 3/8/2021. (hh)
December 6, 2020 Opinion or Order Filing 168 PAPERLESS ORDER setting Telephonic Discovery Status Conference re #167 . Status Conference set for December 8, 2020 at 1:30 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Telephonic appearance is permitted by dialing 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 12/6/2020. (agn)
November 30, 2020 Filing 167 NOTICE by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge OF INTENT TO SUBMIT REBUTTAL REPORTS TO THE EXPERT REPORT OF PETER E. ROSSI DATED NOVEMBER 24, 2020 (Prieto, Peter)
November 20, 2020 Opinion or Order Filing 166 PAPERLESS ORDER denying as moot #160 Motion to Quash. At the status conference conducted today, the Parties represented that they had reached an agreement: Plaintiffs will not rely on the testimony of the witness at issue in the Motion to Quash, and Defendants will accordingly withdraw the contested subpoena for her deposition. Because the Parties have resolved this dispute by agreement, the Motion is denied, as moot. Signed by Magistrate Judge Lauren Fleischer Louis on 11/20/2020. (LFL)
November 20, 2020 Filing 165 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Discovery Status Conference held on 11/20/2020. Total time in court: 40 minutes. Attorney Appearance(s): John Gravante, III, Tyler S. Graden, Brian Michael Ercole, Robert Mark Brochin, Joshua Zipper. (Digital 10:46:31) (aw)
November 19, 2020 Opinion or Order Filing 164 ORDER granting in part and denying in part #136 Motion for Protective Order. Signed by Magistrate Judge Lauren Fleischer Louis on 10/16/2020. See attached document for full details. (LFL)
November 17, 2020 Opinion or Order Filing 163 PAPERLESS ORDER Resetting Time of Hearing. The Telephonic Discovery Status Conference set on November 20, 2020 is rescheduled to 10:45 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. **TIME CHANGE ONLY** Appearances may be made by dialing 1 (866) 434-5269, enter access code 9978869 followed by the (#) sign, and enter security code 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 11/17/2020. (aw)
November 16, 2020 Opinion or Order Filing 162 PAPERLESS Order Cancelling Telephonic Motion Hearing set November 17, 2020 at 2:00 p.m. before Magistrate Judge Lauren Fleischer Louis. Signed by Magistrate Judge Lauren Fleischer Louis on 11/16/2020. (aw)
November 16, 2020 Opinion or Order Filing 161 ORDER denying #159 Motion for Protective Order. Signed by Magistrate Judge Lauren Fleischer Louis on 11/16/2020. See attached document for full details. (LFL)
November 16, 2020 Filing 160 MOTION to Quash Third Party Subpoena by Walkiria Miranda. Attorney Peter Prieto added to party Walkiria Miranda(pty:ip). (Attachments: #1 Exhibit A, #2 Exhibit B)(Prieto, Peter)
November 16, 2020 Filing 159 MOTION for Protective Order by Southeast Toyota Distributors, LLC. (Sacks, Robert)
November 13, 2020 Opinion or Order Filing 158 PAPERLESS ORDER. This cause is before the Court sua sponte. In anticipation of a scheduled status conference on November 20, 2020, the Parties have contacted Chambers seeking an earlier date to hear a dispute on an expedited basis regarding the noticed depositions of two fact witnesses. The Court will accommodate an earlier hearing date and afford an opportunity for expedited briefing to decide the dispute before the contested depositions. Accordingly, should SET seek a protective order from the depositions, it may file its motion by noon on November 16, 2020. Plaintiffs may respond, if at all, also on November 16. A telephonic hearing will be conducted on November 17, 2020 at 2:00 PM if SET files the anticipated motion. Appearances may be made by dialing 1 (866) 434-5269, enter access code 9978869 followed by the (#) sign, and enter security code 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 11/13/2020. (agn)
November 13, 2020 Opinion or Order Filing 157 PAPERLESS ORDER granting #156 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Mark A. Feller is admitted pro hac vice to practice before this Court in the above-styled case. The Clerk of the Court shall provide electronic notice of all filings on this docket to mark.feller@morganlewis.com. Signed by Magistrate Judge Lauren Fleischer Louis on 11/13/2020. (agn)
November 12, 2020 Filing 156 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark A. Feller. Filing Fee $ 200.00 Receipt # AFLSDC-13855457 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 11/30/2020 (Attachments: #1 Text of Proposed Order)(Ercole, Brian)
November 12, 2020 Filing 155 Corrected Transcript and Notice of Correction of Discovery Status Conference Held Via Zoom (Transcribed from the Digital Audio Recording) held on November 4, 2020, before Magistrate Judge Lauren Fleischer Louis, 1-78 pages, re: #154 Transcript, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. (Digital 09:32:07.) (le)
November 12, 2020 Filing 154 TRANSCRIPT of Discovery Status Conference Conducted Via Zoom (Transcribed from the Digital Audio Recording) held on November 4, 2020, before Magistrate Judge Lauren Fleischer Louis, 1-77 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. (Digital 09:32:07.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/10/2021. (le)
November 4, 2020 Filing 153 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Discovery Status Conference held on 11/4/2020. Parties to adhere to the Court's Rulings as stated on the record. A Telephonic Discovery Status Conference is set for November 20, 2020 at 9:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Appearances may be made by dialing 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Total time in court: 1 hour(s) : 35 minutes. Attorney Appearance(s): John Gravante, III, Tyler S. Graden, Brian Michael Ercole, Matthew Michael Papkin, Robert Mark Brochin, Joshua Zipper. (Digital 09:32:07) (aw)
October 28, 2020 Opinion or Order Filing 152 PAPERLESS ORDER granting #151 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney J. Gordon Cooney, Jr is admitted pro hac vice to practice before this Court in the above-styled case. The Clerk of the Court shall provide electronic notice of all filings on this docket to gordon.cooney@morganlewis.com. Signed by Magistrate Judge Lauren Fleischer Louis on 10/27/2020. (agn)
October 28, 2020 Filing 151 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for J. Gordon Cooney, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-13772811 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 11/12/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Ercole, Brian)
October 26, 2020 Filing 150 TRANSCRIPT of Continued Motion Hearing Conducted via Zoom (Transcribed from the Audio Recording) held on October 16, 2020, before Magistrate Judge Lauren Fleischer Louis, 1-116 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/25/2021. (le)
October 16, 2020 Filing 149 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Continued Motion Hearing held on 10/16/2020 re #136 Defendant's Motion for Protective Order, Discovery Hearing held on 10/16/2020. Parties to adhere to rulings as stated on the record. Written orders to follow. A Discovery Status Conference is set for November 4, 2020 at 9:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Total time in court: 2 hour(s) : 40 minutes. Attorney Appearance(s): Peter Prieto, Melissa L. Troutner, John Gravante, III, Tyler S. Graden, Brian Michael Ercole, Melissa Marie Coates, Robert Mark Brochin, Joshua Zipper. (Digital LFL_01_10.16.2020) (aw)
October 15, 2020 Opinion or Order Filing 148 ORDER granting #119 Renewed Motion to Compel. Signed by Magistrate Judge Lauren Fleischer Louis on 10/15/2020. See attached document for full details. (agn)
October 15, 2020 Filing 147 RESPONSE in Support re #136 Defendant's MOTION for Protective Order AS TO THE INDIVIDUAL DEPOSITIONS OF AKIHISA AOYAMA AND KENTARO ARASE and Response to Plaintiffs' Notice of Submission of Evidence filed by Toyota Motor Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brochin, Robert)
October 13, 2020 Filing 146 TRANSCRIPT of Motion Hearing Conducted via Zoom (Transcribed from the Audio Recording) held on October 8, 2020, before Magistrate Judge Lauren Fleischer Louis, 1-82 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. (Digital 11:59:20.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/3/2020. Redacted Transcript Deadline set for 11/13/2020. Release of Transcript Restriction set for 1/11/2021. (le)
October 13, 2020 Filing 145 NOTICE by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge re 144 Motion Hearing,,,,, Set/Reset Motion/R&R Deadlines and Hearings,,,, OF SUPPLEMENTAL EVIDENCE REGARDING PLAINTIFFS RESPONSE IN OPPOSITION TO TOYOTA MOTOR CORPORATIONS MOTION FOR PROTECTIVE ORDER [ECF NO. 140] (Prieto, Peter)
October 8, 2020 Filing 144 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Motion Hearing held on 10/8/2020 re [ECF No. 119] Renewed Motion to Compel and [ECF No. 136] Defendant's Motion for Protective Order. Motion to Compel taken under advisement. Written order to follow. Plaintiffs' request to supplement response with evidence granted; Plaintiffs to first confer with defense counsel regarding disclosure of confidential material and file notice of supplemental evidence by October 13, 2020. Defendant may file reply by October 15, 2020, close of business. Oral argument may continue at a hearing set for October 16, 2020 at 9:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Zoom instructions to follow by separate email.Total time in court: 1 hour(s) : 40 minutes. Attorney Appearance(s): Peter Prieto, Melissa L. Troutner, John Gravante, III, Tyler S. Graden, Brian Michael Ercole, Melissa Coates, Bobby Brochin, Joshua Zipper. (Digital 11:59:20/LFL_01_10.8.2020 zoom) (aw)
October 8, 2020 Opinion or Order Filing 143 PAPERLESS ORDER granting #142 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney David L. Schrader is admitted pro hac vice to practice before this Court in the above-styled case. The Clerk of the Court shall provide electronic notice of all filings on this docket to Mr. Schrader at david.schrader@morganlewis.com. Signed by Magistrate Judge Lauren Fleischer Louis on 10/8/2020. (agn)
October 8, 2020 Filing 142 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David Schrader. Filing Fee $ 200.00 Receipt # AFLSDC-13658636 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 10/22/2020 (Attachments: #1 Text of Proposed Order)(Ercole, Brian)
October 8, 2020 Filing 141 NOTICE by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge JOINT PROPOSED AGENDA FOR OCTOBER 8, 2020 CONFERENCE (Prieto, Peter)
October 7, 2020 Filing 140 RESPONSE in Opposition re #136 Defendant's MOTION for Protective Order AS TO THE INDIVIDUAL DEPOSITIONS OF AKIHISA AOYAMA AND KENTARO ARASE filed by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Replies due by 10/14/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Prieto, Peter)
October 6, 2020 Filing 139 NOTICE OF WITHDRAWAL OF MOTION by Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge NOTICE OF WITHDRAWAL OF PLAINTIFFS APPLICATION FOR AWARD OF ATTORNEYS FEES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 37(a)(5)(B) (Prieto, Peter)
October 6, 2020 Filing 138 STIPULATION of Dismissal WITH PREJUDICE AS TO ALL CLAIMS BROUGHT by Pamela Baker (Prieto, Peter)
October 5, 2020 Opinion or Order PAPERLESS ORDER Resetting Time of Hearing. The Video Discovery Status Conference is set for October 8, 2020 at 12:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. **TIME CHANGE ONLY** Signed by Magistrate Judge Lauren Fleischer Louis on 10/5/2020. (aw)
October 1, 2020 Filing 137 NOTICE OF WITHDRAWAL OF MOTION by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc. re #126 EXPEDITED MOTION FOR BRIEFING AND CONSIDERATION re #122 MOTION to Amend/Correct Scheduling Order filed by Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., #122 MOTION to Amend/Correct Scheduling Order filed by Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc. (Brochin, Robert)
September 30, 2020 Filing 136 Defendant's MOTION for Protective Order AS TO THE INDIVIDUAL DEPOSITIONS OF AKIHISA AOYAMA AND KENTARO ARASE by Toyota Motor Corporation. (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, #9 Text of Proposed Order)(Ercole, Brian)
September 29, 2020 Filing 135 Clerks Notice to Filer re #133 Notice (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. See d.e. 134 MOTION for Attorney Fees, It is not necessary to refile this document. (mee)
September 29, 2020 Filing 134 MOTION for Attorney Fees by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 10/13/2020. See d.e. #133 for image(mee)
September 29, 2020 Filing 133 NOTICE by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge Plaintiffs' Application for Award of Attorney's Fees Pursuant to Federal Rule of Civil Procedure 37(a)(5)(B) (Prieto, Peter)
September 29, 2020 Filing 132 TRANSCRIPT of Video Teleconference Continued Motions Hearing held on 9/1/20 before Magistrate Judge Lauren Fleischer Louis, 1-44 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2020. Redacted Transcript Deadline set for 10/30/2020. Release of Transcript Restriction set for 12/28/2020. (hh)
September 29, 2020 Filing 131 TRANSCRIPT of Video Teleconference Motions Hearing held on 8/24/20 before Magistrate Judge Lauren Fleischer Louis, 1-109 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2020. Redacted Transcript Deadline set for 10/30/2020. Release of Transcript Restriction set for 12/28/2020. (hh)
September 25, 2020 Opinion or Order Filing 130 ORDER denying #121 Defendant's Motion for Protective Order. Signed by Magistrate Judge Lauren Fleischer Louis on 9/25/2020. See attached document for full details. (LFL)
September 25, 2020 Filing 129 RESPONSE in Opposition re #122 MOTION to Amend/Correct Scheduling Order filed by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Replies due by 10/2/2020. (Prieto, Peter)
September 25, 2020 Filing 128 TRANSCRIPT of Hearing held on 9/16/20 before Magistrate Judge Lauren Fleischer Louis, 1-65 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/16/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/24/2020. (hh)
September 24, 2020 Filing 127 RESPONSE in Opposition re #119 Renewed MOTION to Compel PRODUCTION OF DEALER INVOICE PRICING DATA FOR CLASS VEHICLES filed by Toyota Motor Sales, U.S.A., Inc.. Replies due by 10/1/2020. (Ercole, Brian)
September 24, 2020 Filing 126 EXPEDITED MOTION FOR BRIEFING AND CONSIDERATION re #122 MOTION to Amend/Correct Scheduling Order by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Brochin, Robert)
September 24, 2020 Filing 125 TRANSCRIPT of discovery hearing held on 9-22-2020 before Magistrate Judge Lauren Fleischer Louis, 1-26 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/15/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/23/2020. (Savino, Dawn)
September 22, 2020 Opinion or Order Filing 124 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Motion Hearing held on 9/22/2020 re [ECF No. 121] Motion for Protective Order, and MINUTE ORDER. Oral argument heard. Motion is denied. Written order to follow. Signed by Magistrate Judge Lauren Fleischer Louis on 9/22/2020. Total time in court: 1 hour(s). Attorney Appearance(s): Melissa L. Troutner, John Gravante, III, Tyler S. Graden, Brian Michael Ercole, Melissa Marie Coates, Robert Mark Brochin, (Digital 13:27:47/LFL_01_9.22.2020 zoom) (aw)
September 22, 2020 Filing 123 RESPONSE in Opposition re #121 MOTION for Protective Order filed by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Replies due by 9/29/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Prieto, Peter)
September 18, 2020 Filing 122 MOTION to Amend/Correct Scheduling Order by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 10/2/2020 (Attachments: #1 Exhibit A- Declaration of Noe Antonio Saenz, #2 Text of Proposed Order)(Brochin, Robert)
September 18, 2020 Filing 121 MOTION for Protective Order by Toyota Motor Corporation. (Attachments: #1 Exhibit A- Aug 27, 2018 Letter Agreement, #2 Exhibit B- Declaration of Antonio Saenz, #3 Exhibit C- Amended Notice of Remote Deposition)(Brochin, Robert)
September 17, 2020 Opinion or Order Filing 120 PAPERLESS ORDER granting #113 Joint Motion for Entry of Protocol Governing Remote Depositions. The parties shall adhere to the protocol stipulated to and executed as Exhibit A to the Joint Motion. Signed by Magistrate Judge Lauren Fleischer Louis on 9/17/2020. (LFL)
September 17, 2020 Filing 119 Renewed MOTION to Compel PRODUCTION OF DEALER INVOICE PRICING DATA FOR CLASS VEHICLES by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 10/1/2020 (Attachments: #1 Exhibit A)(Prieto, Peter)
September 17, 2020 Opinion or Order Filing 117 PAPERLESS ORDER granting #114 Joint Motion entry of a Vehicle Inspection Protocol. The Parties shall adhere to the protocol stipulated to and executed as Exhibit A to the Joint Motion. Signed by Magistrate Judge Lauren Fleischer Louis on 9/17/2020. (LFL)
September 16, 2020 Filing 118 PAPARLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Discovery Status Conference held on 9/16/2020. Court will withhold entry of a written order on rulings made on Parties dispute over Defendant TMCs presentation of a witness for deposition until Friday, September 18, 2020: Defendant was afforded leave to renew its motion for protective order, if at all, by that date. A hearing is set for September 22, 2020 at 1:30 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis, for argument on Defendants anticipated renew motion for protective order. The hearing will be canceled if Defendant elects not to pursue a motion pursuant to Rules 26(c) and 37. A Discovery Status Conference Re: Discovery Matters is set for October 8, 2020 at 1:30 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Total time in court: 1 hour(s) : 50 minutes. Attorney Appearance(s): John Gravante, III, Tyler S. Graden, Brian Michael Ercole, Melissa Marie Coates, Robert Mark Brochin, Joshua Zipper. (Digital 13:59:38/LFL_02_9.16.2020 zoom) (aw)
September 16, 2020 Filing 116 NOTICE by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge JOINT NOTICE REGARDING STATUS OF TMC RULE 30(b)(6) NOTICE (Attachments: #1 Exhibit A, #2 Exhibit B) (Prieto, Peter)
September 15, 2020 Opinion or Order Filing 115 ORDER denying #102 Motion for Protective Order. Signed by Magistrate Judge Lauren Fleischer Louis on 9/15/2020. See attached document for full details. (LFL)
September 14, 2020 Filing 114 Joint MOTION for Entry of Protocol Governing Defendant's Vehicle Inspections by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit A)(Ercole, Brian)
September 14, 2020 Filing 113 JOINT MOTION (NOTICE of the Parties Joint Motion) by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge for Entry of Protocol Governing Remote Depositions (Attachments: #1 Exhibit A) (Prieto, Peter) Modified text/status per Chambers on 9/17/2020 (sk).
September 3, 2020 Opinion or Order Filing 111 ORDER on #105 , #107 , and #108 . Signed by Magistrate Judge Lauren Fleischer Louis on 9/3/2020. See attached document for full details. (agn)
September 1, 2020 Filing 112 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Continued Motion Hearing held on 9/1/2020 re ECF No. #102 Defendant's Motion for Protective Order, Discovery Hearing held on 9/1/2020. Written order to follow. A Discovery Status Conference is set for September 16, 2020 at 2:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Total time in court: 45 minutes. Attorney Appearance(s): Melissa L. Troutner, Tyler S. Graden, Robert Eric Sacks, Brian Michael Ercole, Melissa Marie Coates, Robert Mark Brochin.(Digital 13:57:20/LFL_02_9.1.2020) (aw)
August 24, 2020 Opinion or Order Filing 110 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: and MINUTE ORDER. Motion Hearing held on 8/24/2020 re [ECF No. 102] Defendant's Motion for Protective Order and [ECF No. 107] Plaintiff's Motion to Compel. Defendants Motion for Protective Order is DENIED, in part, as stated in open court. A continued hearing will be conducted on motion on September 1, 2020 at 2:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Zoom instructions to follow by separate email. Written order to follow on Plaintiffs Motion to Compel. Signed by Magistrate Judge Lauren Fleischer Louis on 8/24/2020. Total time in court: 2 hour(s) : 25 minutes. Attorney Appearance(s): Melissa L. Troutner, John Gravante, III, Tyler S. Graden, Robert Eric Sacks, Brian Michael Ercole, Melissa Marie Coates, Robert Mark Brochin. (Digital 12:58:53/LFL_01_8-24-2020 zoom) (aw) Modified on 8/24/2020 to correct grammatical error. (aw).
August 21, 2020 Filing 109 RESPONSE in Opposition re #107 Plaintiff's MOTION to Compel Response to Discovery filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Replies due by 8/28/2020. (Attachments: #1 Exhibit A - Declaration of B. Ercole, #2 Exhibit A-1 2019.09.06 Hearing Transcript, #3 Exhibit A-2 July 8, 2020 Email, #4 Exhibit B - Declaration of I. Fukumoto)(Ercole, Brian)
August 21, 2020 Filing 108 Joint MOTION to Withdraw Document Defendants Motion to Compel the Production of Documents Related to Plaintiffs' Substantive Allegations (ECF No. 105) and Section III Only of Plaintiffs' Second Motion to Compel Discovery (ECF No. 107) by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 9/4/2020 (Ercole, Brian)
August 14, 2020 Filing 107 Plaintiff's MOTION to Compel Response to Discovery by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 8/28/2020 (Attachments: #1 Affidavit Declaration of Peter Prieto, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Prieto, Peter)
August 14, 2020 Opinion or Order Filing 106 ORDER denying #78 Motion to Maintain Confidentiality of a Document Designated Confidential ; granting in part #79 Motion to Retain Confidentiality Over Certain Discovery Documents Pursuant to the Parties Stipulated Protective Order. Signed by Magistrate Judge Lauren Fleischer Louis on 8/14/2020. See attached document for full details. (pcs)
August 14, 2020 Filing 105 MOTION to Compel the Production of Documents Related to Plaintiff's' Substantive Allegations by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 8/28/2020 (Attachments: #1 Exhibit A-Declaration of B. Ercole, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Exhibit A-11, #13 Exhibit A-12)(Ercole, Brian)
August 11, 2020 Filing 104 NOTICE by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge re #103 Response in Opposition to Motion,, NOTICE OF FILING EXHIBIT 11 (Attachments: #1 Exhibit 11) (Prieto, Peter)
August 10, 2020 Filing 103 RESPONSE in Opposition re #102 Defendant's MOTION for Protective Order filed by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Replies due by 8/17/2020. (Attachments: #1 Affidavit Peter Prieto Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Prieto, Peter)
August 3, 2020 Filing 102 Defendant's MOTION for Protective Order by Toyota Motor Corporation. (Attachments: #1 Affidavit Declaration of B. Ercole, #2 Exhibit A Composite, #3 Exhibit B, #4 Exhibit C)(Ercole, Brian)
July 23, 2020 Opinion or Order Filing 101 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Discovery Status Conference held on 7/23/2020 and MINUTE ORDER. Defendant Toyota shall begin immediate rolling production of documents. Defendant's request for leave to exceed page limitation in anticipation of motion for protective order granted, and the following schedule is ordered: Defendant shall file its motion for protective order, not to exceed 20 pages in length, by August 3, 2020. Plaintiffs' response in opposition is due by August 10. No reply shall be permitted and a hearing will be conducted on the motion on August 24, 2020, at 1pm. The Court will hear argument on that date on any additional motion to compel that is ripe on or before August 21, 2020. Signed by Magistrate Judge Lauren Fleischer Louis on 7/23/2020. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): John Gravante, III, Tyler S. Graden, Robert Eric Sacks, Brian Michael Ercole, Matthew Michael Papkin, Robert Mark Brochin, Joshua Zipper. (zoom recording) (aw)
July 22, 2020 Filing 100 NOTICE by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge re 99 Order Setting/Cancelling Hearing,, Set/Reset Hearings, (Attachments: #1 Exhibit A, #2 Exhibit B) (Prieto, Peter)
June 22, 2020 Opinion or Order Filing 99 AMENDED PAPERLESS ORDER Setting Telephonic Discovery Status Conference. A Telephonic Discovery Status Conference is set for July 23, 2020 at 9:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Telephonic appearance is permitted by dialing 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 6/22/2020. (aw)
June 22, 2020 Opinion or Order Filing 98 PAPERLESS Order Setting Telephonic Discovery Status Conference. A Telephonic Discovery Status Conference is set for June 23, 2020 at 9:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Telephonic appearance is permitted by dialing 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 6/22/2020. (aw)
June 12, 2020 Filing 97 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Discovery Status Conference held on 6/12/2020. Argument heard on #78 #79 . Written order to follow. Total time in court: 2 hour(s). Attorney Appearance(s): Melissa L. Troutner, John Gravante, III, Tyler S. Graden, Matthew Michael Papkin, Robert Eric Sacks, Brian Michael Ercole, Joshua Zipper. (Digital 13:00:47) (aw)
June 10, 2020 Opinion or Order Filing 96 ORDER OF CONTINUANCE AND ORDER REVISING PRETRIAL DEADLINES: Jury Trial rescheduled for the two-week period commencing 3/29/2021 before Judge Federico A. Moreno. Calendar Call rescheduled for 3/23/2021 at 2:00 PM before Judge Federico A. Moreno; granting in part #94 Joint Motion to Continue the Pretrial and Trial Deadlines. Signed by Judge Federico A. Moreno on 6/9/2020. See attached document for full details. (km02) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
June 7, 2020 Opinion or Order Filing 95 PAPERLESS Order Setting Discovery Status Conference. A Discovery Status Conference is set for June 12, 2020 at 1:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Telephonic appearance is permitted by dialing 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 6/7/2020. (aw)
June 5, 2020 Filing 94 Joint MOTION to Continue the Pretrial and Trial Deadlines by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 6/19/2020 (Attachments: #1 Affidavit B. Ercole Declaration (Toyota), #2 Affidavit R. Sacks Declaration (SET), #3 Affidavit P. Prieto Declaration (Plt), #4 Text of Proposed Order)(Ercole, Brian)
May 22, 2020 SYSTEM ENTRY - Docket Entry 93 [misc] restricted/sealed until further notice. (1306425)
May 22, 2020 SYSTEM ENTRY - Docket Entry 92 [misc] restricted/sealed until further notice. (903629)
May 21, 2020 Opinion or Order Filing 91 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Motion Hearing held on 5/21/2020 re #78 Defendant's Motion to Maintain Confidentiality of a Certain Document Designated "Confidential" and #79 Defendants' Motion to Retain Confidentiality Over Certain Discovery Documents, and MINUTE ORDER. Oral arguments heard. Matter taken under advisement. Defendants are ordered to file under seal the contested documents by May 25, 2020. If necessary, Court will set a subsequent hearing by separate order after reviewing the contested documents. Signed by Magistrate Judge Lauren Fleischer Louis on 5/22/2020. Total time in court: 55 minutes. Attorney Appearance(s): John Gravante, III, Tyler S. Graden, Robert Eric Sacks, Brian Michael Ercole, Robert Mark Brochin, Joshua Zipper. (Digital 14:30:45) (aw)
May 17, 2020 Opinion or Order Filing 90 GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lauren Fleischer Louis on 5/17/2020. See attached document for full details. (agn)
May 15, 2020 Filing 89 TRANSCRIPT of Telephonic Motion Hearing (Transcribed from the Digital Audio Recording) held on May 7, 2020, before Magistrate Judge Lauren Fleischer Louis, 1-11 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/5/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/13/2020. (le)
May 15, 2020 Filing 88 TRANSCRIPT of Motion Hearing (Transcribed from the Digital Audio Recording) held on April 17, 2020, before Magistrate Judge Lauren Fleischer Louis, 1-76 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/5/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/13/2020. (le)
May 13, 2020 Filing 87 REPLY to Response to Motion re #79 Defendant's MOTION to Retain Confidentiality Over Certain Discovery Documents Pursuant To The Parties Stipulated Protective Order And Memorandum Of Law filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ercole, Brian)
May 13, 2020 Filing 86 REPLY to Response to Motion re #78 Defendant's MOTION to Maintain Confidentiality of a Certain Document Designated "Confidential" re #68 Plaintiff's MOTION to Compel Discovery filed by Southeast Toyota Distributors, LLC. (Sacks, Robert)
May 7, 2020 Opinion or Order Filing 85 ORDER ON MOTION TO COMPEL AND SETTING HEARING re: [ECF No. 68] Plaintiff's Motion to Compel Discovery is granted, in part and denied, as moot, [ECF No. 71] Unopposed Motion to Submit Unredacted Copy of Plaintiffs' Motion to Compel for in Camera Review is denied. A hearing is set on [ECF Nos. 78, 79] on May 21, 2020 at 2:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Signed by Magistrate Judge Lauren Fleischer Louis on 5/7/2020. See attached document for full details. (aw)
May 7, 2020 Opinion or Order Filing 84 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Motion Hearing held on 5/7/2020 re #68 Plaintiff's Motion to Compel Discovery and #80 Joint Status Report and MINUTE ORDER. Plaintiffs Motion granted, in part. Written order to follow. A hearing on ECF Nos. #78 , #79 is set for May 21, 2020 at 2:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Total time in court: 15 minutes. Attorney Appearance(s): John Gravante, III, Tyler S. Graden, Robert Eric Sacks, Brian Michael Ercole, Robert Mark Brochin. Signed by Magistrate Judge Lauren Fleischer Louis on 5/7/2020. (Digital 09:31:12) (aw)
May 6, 2020 Filing 83 RESPONSE in Opposition re #79 Defendant's MOTION to Retain Confidentiality Over Certain Discovery Documents Pursuant To The Parties Stipulated Protective Order And Memorandum Of Law filed by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Replies due by 5/13/2020. (Prieto, Peter)
May 6, 2020 Filing 82 RESPONSE in Opposition re #78 Defendant's MOTION to Maintain Confidentiality of a Certain Document Designated "Confidential" re #68 Plaintiff's MOTION to Compel Discovery PLAINTIFFS RESPONSE IN OPPOSITION TO SOUTHEAST TOYOTA DISTRIBUTORS, LLCS MOTION TO MAINTAIN CONFIDENTIALITY OF A DOCUMENT DESIGNATED CONFIDENTIAL filed by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Replies due by 5/13/2020. (Prieto, Peter)
May 6, 2020 Filing 81 NOTICE of Attorney Appearance by Robert Mark Brochin on behalf of Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Attorney Robert Mark Brochin added to party Toyota Motor Corporation(pty:dft), Attorney Robert Mark Brochin added to party Toyota Motor Engineering & Manufacturing North America, Inc.(pty:dft), Attorney Robert Mark Brochin added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft). (Brochin, Robert)
May 5, 2020 Filing 80 STATUS REPORT Joint Status Report by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge (Prieto, Peter)
April 22, 2020 Filing 79 Defendant's MOTION to Retain Confidentiality Over Certain Discovery Documents Pursuant To The Parties Stipulated Protective Order And Memorandum Of Law by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit 1 - Hitt Declaration)(Ercole, Brian)
April 22, 2020 Filing 78 Defendant's MOTION to Maintain Confidentiality of a Certain Document Designated "Confidential" re #68 Plaintiff's MOTION to Compel Discovery by Southeast Toyota Distributors, LLC. (Attachments: #1 Exhibit 1 - Email from Tyler Graden to Robert Sacks, #2 Exhibit 2 - Declaration of Karen Schmitt)(Sacks, Robert)
April 17, 2020 Filing 77 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis and Order setting hearing: Motion Hearing held on 4/17/2020 re #68 Plaintiff's Motion to Compel, #71 Unopposed Motion to Submit Unredacted Copy of Plaintiffs' Motion to Compel for in Camera Review. Oral arguments heard. Parties to adhere to ruling made in court. A Continued Telephonic Motion hearing on [ECF No. 68] Plaintiff's Motion to Compel is set for May 7, 2020 at 9:30 AM. By no later than May 5, 2020, the parties shall file a joint status report indicating what disputes remain for Court resolution following their conferral efforts. Attendance may be made by dialing 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Counsel arguing the hearing must call from a landline. All other attendees not arguing must remain on mute.Attorney Appearance(s): Peter Prieto, John Gravante, III, Tyler S. Graden, Robert Eric Sacks, Brian Michael Ercole, Bobby Brochin, Gordon Cooney. Total time in court: 1 hour(s) : 34 minutes. (Digital 11:00:12) (aw)
April 8, 2020 Opinion or Order Filing 76 PAPERLESS ORDER Setting Telephonic Motion Hearing. A Telephonic Motion Hearing on [ECF Nos. 68, 71] is set for April 17, 2020 at 11:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. At the specified time, Counsel shall dial: 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 4/8/2020. (aw)
March 31, 2020 Opinion or Order Filing 75 ORDER OF REFERRAL to Magistrate Judge Lauren F. Louis for any and all pretrial matters. Referred motions include: #68 Plaintiff's Motion to Compel; #71 Plaintiff's Unopposed Motion to Submit Unredacted Copy of Plaintiff's Motion to Compel for In Camera Review. Signed by Judge Federico A. Moreno on 3/30/2020. See attached document for full details. (km02)
March 24, 2020 Filing 74 REPLY to Response to Motion re #68 Plaintiff's MOTION to Compel Discovery Plaintiffs' Reply in Support of Motion to Compel Discovery filed by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. (Prieto, Peter)
March 17, 2020 Filing 73 RESPONSE in Opposition re #68 Plaintiff's MOTION to Compel Discovery filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Replies due by 3/24/2020. (Attachments: #1 Exhibit A-Declaration of B. Ercole, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit B-Rosenthal Declaration)(Ercole, Brian)
March 17, 2020 Filing 72 RESPONSE to Motion re #68 Plaintiff's MOTION to Compel Discovery filed by Southeast Toyota Distributors, LLC. Replies due by 3/24/2020. (Attachments: #1 Exhibit 1 - SET's Responses to Plaintiffs' RFP, #2 Exhibit 2 - 2-12-20 Email, #3 Exhibit 3 - 2-18-20 Email, #4 Exhibit 4 - SET's revised search terms, #5 Exhibit 5 - Declaration of Michael Katz, #6 Exhibit 6 - 2 -25-20 Email, #7 Exhibit 7 - 2-14-20 Email, #8 Exhibit 8 - Stockinger Order, #9 Exhibit 9 - 12-4-19 Email)(DePiano, David)
March 12, 2020 Filing 71 Unopposed MOTION TO SUBMIT UNREDACTED COPY OF PLAINTIFFS' MOTION TO COMPEL FOR IN CAMERA REVIEW by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
March 4, 2020 Opinion or Order Filing 70 ORDER denying #69 Plaintiffs' Motion to File Under Seal. Signed by Judge Federico A. Moreno on 3/4/2020. See attached document for full details. (km02)
March 3, 2020 Filing 69 Unopposed MOTION to Seal per Local Rule 5.4 by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. (Attachments: #1 Text of Proposed Order) (Prieto, Peter)
March 3, 2020 Filing 68 Plaintiff's MOTION to Compel Discovery by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 3/17/2020 (Attachments: #1 Affidavit Declaration of Peter Prieto, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Prieto, Peter)
February 28, 2020 Opinion or Order Filing 67 PAPERLESS ORDER granting #64 #65 #66 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Richard A. Russo, Jr., Nathan A. Hasiuk, and Lisa M. Port of the law firm Kessler Topaz Meltzer & Check, LLP. Attorneys Richard A. Russo, Jr., Nathan A. Hasiuk, and Lisa M. Port are admitted pro hac vice to practice before this Court in the above-styled case. The Clerk of the Court shall provide electronic notice of all filings on this docket to Richard A. Russo, Jr. at rrusso@ktmc.com; Nathan A. Hasiuk at nhasiuk@ktmc.com; and Lisa M. Port at llambport@ktmc.com. Signed by Judge Federico A. Moreno on 2/28/2020. (km02)
February 28, 2020 Filing 66 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lisa M. Port. Filing Fee $ 200.00 Receipt # AFLSDC-12529714 by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 3/13/2020 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
February 28, 2020 Filing 65 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nathan A. Hasiuk. Filing Fee $ 200.00 Receipt # AFLSDC-12528009 by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 3/13/2020 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
February 28, 2020 Filing 64 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard A. Russo, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-12527850 by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 3/13/2020 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
February 7, 2020 Opinion or Order Filing 63 PAPERLESS ORDER granting #62 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lisa R. Weddle. Attorney Lisa R. Weddle is admitted pro hac vice to practice before this Court in the above-styled case. The Clerk of the Court shall provide electronic notice of all filings on this docket to Lisa R. Weddle at lisa.weddle@morganlewis.com. Signed by Judge Federico A. Moreno on 2/7/2020. (km02)
February 4, 2020 Filing 62 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lisa R. Weddle. Pay.gov Agency Tracking ID 113C-12399187. Filing Fee $ 75.00 by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 2/18/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Ercole, Brian)
December 1, 2019 Filing 61 TRANSCRIPT of Proceedings on the Motion to Stay or Transfer held on 09-06-19 before Judge Federico A. Moreno, 1-108 pages, Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/23/2019. Redacted Transcript Deadline set for 1/2/2020. Release of Transcript Restriction set for 3/2/2020. (gpz)
November 19, 2019 Opinion or Order Filing 60 STIPULATED ORDER REGARDING THE DISCLOSURE OF PRIVILEGED INFORMATION. Signed by Judge Federico A. Moreno on 11/19/2019. See attached document for full details. (km02)
November 19, 2019 Opinion or Order Filing 59 STIPULATED PROTECTIVE ORDER. Signed by Judge Federico A. Moreno on 11/19/2019. See attached document for full details. (Attachments: #1 Exhibit A) (km02)
November 15, 2019 Filing 58 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Toyota Motor Sales, U.S.A., Inc.. (Papkin, Matthew)
November 15, 2019 Filing 57 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Toyota Motor Engineering & Manufacturing North America, Inc.. (Papkin, Matthew)
November 15, 2019 Filing 56 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Toyota Motor Corporation. (Papkin, Matthew)
November 15, 2019 Filing 55 Southeast Toyota Distributors, LLC's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Southeast Toyota Distributors, LLC. (Sacks, Robert)
November 15, 2019 Filing 54 Joint MOTION for Protective Order Parties Joint Motion for Entry of Stipulated Protective Orders by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. (Attachments: #1 Exhibit A Stipulated Protective Order, #2 Text of Proposed Order)(Prieto, Peter)
November 14, 2019 Filing 53 NOTICE of Attorney Appearance by Matthew Michael Papkin on behalf of Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Attorney Matthew Michael Papkin added to party Toyota Motor Corporation(pty:dft), Attorney Matthew Michael Papkin added to party Toyota Motor Engineering & Manufacturing North America, Inc.(pty:dft), Attorney Matthew Michael Papkin added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft). (Papkin, Matthew)
October 30, 2019 Opinion or Order Filing 52 PAPERLESS ORDER granting #50 #51 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Joseph H. Meltzer and Melissa L. Troutner of the law firm of Kessler Topaz Meltzer & Check, LLP. The Court has considered the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ADJUDGED that the Motions are GRANTED. Attorneys Joseph H. Meltzer and Melissa L. Troutner are admitted pro hac vice to practice before this Court in the above-styled case. The Clerk of the Court shall provide electronic notice of all filings on this docket to Joseph H. Meltzer at jmeltzer@ktmc.com and Melissa L. Troutner at mtroutner@ktmc.com. Signed by Judge Federico A. Moreno on 10/30/2019. Signed by Judge Federico A. Moreno on 10/30/2019. (km02)
October 30, 2019 Filing 51 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Melissa L. Troutner. Filing Fee $ 75.00 Receipt # 113C-12107823 by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 11/13/2019 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
October 30, 2019 Filing 50 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph H. Meltzer. Filing Fee $ 75.00 Receipt # 113C-12107784 by Pamela Baker, Rodney Baker, Javier Cardenas, Kurt Kirton, Michelle Monge. Responses due by 11/13/2019 (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
October 28, 2019 Filing 49 Corrected AMENDED COMPLAINT against Kurt Kirton, Javier Cardenas, Rodney Baker, Pamela Baker, Michelle Monge, filed by Kurt Kirton, Javier Cardenas, Rodney Baker, Pamela Baker, Michelle Monge.(Prieto, Peter)
October 28, 2019 Filing 48 AMENDED COMPLAINT against Southeast Toyota Distributors, LLC, Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc., filed by Javier Cardenas, Kurt Kirton.(Prieto, Peter)
September 30, 2019 Opinion or Order Filing 47 ORDER REFERRING CASE TO MEDIATION. The Mediation Deadline is 8/14/2020. Signed by Judge Federico A. Moreno on 9/30/2019. See attached document for full details. (km02)
September 30, 2019 Opinion or Order Filing 46 SCHEDULING ORDER: Jury Trial set for the two-week period commencing 10/13/2020 before Judge Federico A. Moreno. Calendar Call set for 10/6/2020 at 2:00 PM before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 9/30/2019. See attached document for full details. (km02) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
September 30, 2019 Opinion or Order Filing 45 ORDER granting in part and denying in part: #26 Motion of Defendants Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc., and Toyota Motor Engineering & Manufacturing North America, Inc. to Dismiss Plaintiffs' Class Action Complaint; #27 Southeast Toyota Distributors, LLC's Motion to Dismiss Counts II, IV and VII of the Plaintiffs' Class Action Complaint. The Defendants must answer the Complaint no later than November 15, 2019. Signed by Judge Federico A. Moreno on 9/30/2019. See attached document for full details. (km02)
September 26, 2019 Opinion or Order Filing 44 ORDER denying #25 Defendants' Motion to Stay or Transfer this Action to the Central District of California. Signed by Judge Federico A. Moreno on 9/25/2019. See attached document for full details. (km02)
September 11, 2019 Filing 43 NOTICE of Attorney Appearance by Melissa Marie Coates on behalf of Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Attorney Melissa Marie Coates added to party Toyota Motor Corporation(pty:dft), Attorney Melissa Marie Coates added to party Toyota Motor Engineering & Manufacturing North America, Inc.(pty:dft), Attorney Melissa Marie Coates added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft). (Coates, Melissa)
September 6, 2019 Filing 42 Minute Entry for proceedings held before Judge Federico A. Moreno: Motion Hearing held on 9/6/2019 re #25 MOTION to Stay OR TRANSFER THIS ACTION TO THE CENTRAL DISTRICT OF CALIFORNIA PURSUANT TO THE FIRST-FILED RULE, OR, IN THE ALTERNATIVE, TO TRANSFER THIS ACTION PURSUANT TO 28 U.S.C. 1404(a) AND SUPPORTING MEMORANDUM OF LAW filed by Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Southeast Toyota Distributors, LLC, Toyota Motor Engineering & Manufacturing North America, Inc.. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (sc)
August 29, 2019 Filing 41 CLERK'S NOTICE - Attorney Admissions has updated address and/or email information for attorney(s) Peter A. Muhic re #40 Notice of Change of Address. (cco)
August 29, 2019 Filing 40 NOTICE of Change of Address by Peter Prieto (Prieto, Peter)
August 26, 2019 Opinion or Order Filing 39 ORDER SETTING MOTION HEARING on #25 Defendants' Motion to Stay or Transfer. Hearing set for Friday, September 6, 2019 at 9:00 AM before Judge Federico A. Moreno. Signed by Judge Federico A. Moreno on 8/26/2019. See attached document for full details. (km02)
December 18, 2018 Filing 38 REPLY to Response to Motion re #26 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Ercole, Brian)
December 18, 2018 Filing 37 REPLY to Response to Motion re #25 MOTION to Stay OR TRANSFER THIS ACTION TO THE CENTRAL DISTRICT OF CALIFORNIA PURSUANT TO THE FIRST-FILED RULE, OR, IN THE ALTERNATIVE, TO TRANSFER THIS ACTION PURSUANT TO 28 U.S.C. 1404(a) AND SUPPORTING MEMORANDUM OF LAW filed by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ercole, Brian)
December 18, 2018 Filing 36 REPLY to Response to Motion re #27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM as to Counts II, IV, and VII and Notice of Joinder in the Toyota Defendants' Motion to Dismiss filed by Southeast Toyota Distributors, LLC. (Sacks, Robert)
November 15, 2018 Opinion or Order Filing 35 ORDER granting nunc pro tunc #30 Plaintiffs' Unopposed Motion for Leave to Exceed the Page Limit in Plaintiffs' Response to Toyota's Motion to Dismiss; granting nunc pro tunc #31 Plaintiffs' Motion for Leave to Exceed the Page Limit in Plaintiffs' Response to Southeastern Toyota Distributors' Motion to Dismiss. Signed by Judge Federico A. Moreno on 11/15/2018. See attached document for full details. (km02)
November 12, 2018 Filing 34 RESPONSE in Opposition re #27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM as to Counts II, IV, and VII and Notice of Joinder in the Toyota Defendants' Motion to Dismiss filed by Javier Cardenas, Kurt Kirton. Replies due by 11/19/2018. (Prieto, Peter)
November 12, 2018 Filing 33 RESPONSE in Opposition re #25 MOTION to Stay OR TRANSFER THIS ACTION TO THE CENTRAL DISTRICT OF CALIFORNIA PURSUANT TO THE FIRST-FILED RULE, OR, IN THE ALTERNATIVE, TO TRANSFER THIS ACTION PURSUANT TO 28 U.S.C. 1404(a) AND SUPPORTING MEMORANDUM OF LAW filed by Javier Cardenas, Kurt Kirton. Replies due by 11/19/2018. (Prieto, Peter)
November 12, 2018 Filing 32 RESPONSE in Opposition re #26 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Javier Cardenas, Kurt Kirton. Replies due by 11/19/2018. (Prieto, Peter)
November 7, 2018 Filing 31 Unopposed MOTION for Leave to File Excess Pages by Javier Cardenas, Kurt Kirton. (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
November 7, 2018 Filing 30 Plaintiff's MOTION for Leave to File Excess Pages by Javier Cardenas, Kurt Kirton. (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
October 11, 2018 Set/Reset Deadlines per Order DE#29 as to #26 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM as to Counts II, IV, and VII and Notice of Joinder in the Toyota Defendants' Motion to Dismiss, #25 MOTION to Stay OR TRANSFER THIS ACTION TO THE CENTRAL DISTRICT OF CALIFORNIA PURSUANT TO THE FIRST-FILED RULE, OR, IN THE ALTERNATIVE, TO TRANSFER THIS ACTION PURSUANT TO 28 U.S.C. 1404(a) AND SUPPORTING MEMORANDUM OF LAW. Responses due by 11/12/2018 Replies due by 12/18/2018. (lh)
October 10, 2018 Opinion or Order Filing 29 ORDER granting #28 Plaintiffs' Unopposed Motion to Modify Briefing Schedule for Motions to Dismiss and Motion to Stay. Plaintiffs are authorized to file their responses to the Defendants' Motions to Dismiss and Motion to Stay no later than November 12, 2018. Defendants shall file their replies no later than December 18, 2018. Signed by Judge Federico A. Moreno on 10/10/2018. See attached document for full details. (km02)
October 9, 2018 Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply/Answer Motion to Modify Briefing Schedule for Motions to Dismiss and Motion to Stay or Transfer by Javier Cardenas, Kurt Kirton. (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
October 1, 2018 Filing 27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM as to Counts II, IV, and VII and Notice of Joinder in the Toyota Defendants' Motion to Dismiss by Southeast Toyota Distributors, LLC. Responses due by 10/15/2018 (Sacks, Robert)
October 1, 2018 Filing 26 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Responses due by 10/15/2018 (Attachments: #1 Exhibit A, #2 Exhibit B)(Ercole, Brian)
October 1, 2018 Filing 25 MOTION to Stay OR TRANSFER THIS ACTION TO THE CENTRAL DISTRICT OF CALIFORNIA PURSUANT TO THE FIRST-FILED RULE, OR, IN THE ALTERNATIVE, TO TRANSFER THIS ACTION PURSUANT TO 28 U.S.C. 1404(a) AND SUPPORTING MEMORANDUM OF LAW by Southeast Toyota Distributors, LLC, Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Attorney Brian Michael Ercole added to party Southeast Toyota Distributors, LLC(pty:dft), Attorney Brian Michael Ercole added to party Toyota Motor Corporation(pty:dft), Attorney Brian Michael Ercole added to party Toyota Motor Engineering & Manufacturing North America, Inc.(pty:dft), Attorney Brian Michael Ercole added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft). Responses due by 10/15/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ercole, Brian)
September 18, 2018 Opinion or Order Filing 24 PAPERLESS ORDER granting #21 Defendant Southeast Toyota Distributors, LLC's Unopposed Motion for Extension to Respond to Plaintiffs' Complaint. Southeast Toyota Distributors, LLC must answer or respond no later than 10/1/2018. Signed by Judge Federico A. Moreno on 9/18/2018. (km02)
August 28, 2018 Filing 23 WAIVER OF SERVICE Returned Executed by Javier Cardenas, Kurt Kirton. Toyota Motor Engineering & Manufacturing North America, Inc. waiver sent on 8/23/2018, answer due 10/22/2018; Toyota Motor Sales, U.S.A., Inc. waiver sent on 8/23/2018, answer due 10/22/2018. (Prieto, Peter)
August 21, 2018 Filing 22 NOTICE of Attorney Appearance by David J. DePiano on behalf of Southeast Toyota Distributors, LLC. Attorney David J. DePiano added to party Southeast Toyota Distributors, LLC(pty:dft). (DePiano, David)
August 20, 2018 Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Southeast Toyota Distributors, LLC. Attorney Robert Eric Sacks added to party Southeast Toyota Distributors, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Sacks, Robert)
August 6, 2018 Opinion or Order Filing 20 ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Paul R. Kiesel. Signed by Judge Federico A. Moreno on 8/5/2018. See attached document for full details. (lfs)
August 6, 2018 Opinion or Order Filing 19 ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jeffrey Koncius. Signed by Judge Federico A. Moreno on 8/5/2018. See attached document for full details. (lfs)
August 6, 2018 Opinion or Order Filing 18 ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Nicole Ramirez. Signed by Judge Federico A. Moreno on 8/5/2018. See attached document for full details. (lfs)
August 6, 2018 Opinion or Order Filing 17 ORDER granting #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Natalie Lesser. Signed by Judge Federico A. Moreno on 8/5/2018. See attached document for full details. (lfs)
August 6, 2018 Opinion or Order Filing 16 ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Tyler S. Graden. Signed by Judge Federico A. Moreno on 8/5/2018. See attached document for full details. (lfs)
August 6, 2018 Opinion or Order Filing 15 ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Peter Muhic. Signed by Judge Federico A. Moreno on 8/5/2018. See attached document for full details. (lfs)
August 2, 2018 Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Javier Cardenas, Kurt Kirton. Southeast Toyota Distributors, LLC served on 8/1/2018, answer due 8/22/2018. (Prieto, Peter)
July 31, 2018 Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicole Ramirez. Filing Fee $ 75.00 Receipt # 113C-10864741 by Javier Cardenas, Kurt Kirton. Responses due by 8/14/2018 (Prieto, Peter)
July 31, 2018 Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey A. Koncius. Filing Fee $ 75.00 Receipt # 113C-10864711 by Javier Cardenas, Kurt Kirton. Responses due by 8/14/2018 (Prieto, Peter)
July 31, 2018 Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Paul R. Kiesel. Filing Fee $ 75.00 Receipt # 113C-10864672 by Javier Cardenas, Kurt Kirton. Responses due by 8/14/2018 (Prieto, Peter)
July 26, 2018 Filing 10 Summons Issued as to Toyota Motor Engineering & Manufacturing North America, Inc.. (vmz)
July 26, 2018 Filing 9 Summons Issued as to Southeast Toyota Distributors, LLC. (vmz)
July 26, 2018 Filing 8 Summons Issued as to Toyota Motor Corporation. (vmz)
July 26, 2018 Filing 7 Summons Issued as to Toyota Motor Sales, U.S.A., Inc.. (vmz)
July 23, 2018 Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Peter A. Muhic. Filing Fee $ 75.00 Receipt # 113C-10842709 by Javier Cardenas, Kurt Kirton. Responses due by 8/6/2018 (Prieto, Peter)
July 23, 2018 Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tyler S. Graden. Filing Fee $ 75.00 Receipt # 113C-10841702 by Javier Cardenas, Kurt Kirton. Responses due by 8/6/2018 (Prieto, Peter)
July 23, 2018 Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Natalie Lesser. Filing Fee $ 75.00 Receipt # 113C-10841655 by Javier Cardenas, Kurt Kirton. Responses due by 8/6/2018 (Prieto, Peter)
July 13, 2018 Filing 3 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Nature of Suit when filing. The correction was made. It is not necessary to re-file this document. (lh)
July 12, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (lh)
July 12, 2018 Filing 1 COMPLAINT against Southeast Toyota Distributors, LLC, Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Sales, U.S.A., Inc.. Filing fees $ 400.00 receipt number 113C-10812707, filed by Javier Cardenas, Kurt Kirton. (Attachments: #1 Civil Cover Sheet)(Prieto, Peter)

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Search for this case: Cardenas et al v. Toyota Motor Corporation et al
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Defendant: Toyota Motor Engineering & Manufacturing North America, Inc.
Represented By: Brian Michael Ercole
Represented By: Lisa R. Weddle
Represented By: Matthew Michael Papkin
Represented By: Melissa Marie Coates
Represented By: Robert Mark Brochin
Represented By: David L. Schrader
Represented By: J. Gordon Cooney, Jr.
Represented By: Mark A. Feller
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Defendant: Southeast Toyota Distributors, LLC
Represented By: Robert Eric Sacks
Represented By: David J. DePiano
Represented By: Brian Michael Ercole
Represented By: Lisa R. Weddle
Represented By: David L. Schrader
Represented By: Joshua Zipper
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Defendant: Toyota Motor Sales, U.S.A., Inc.
Represented By: Brian Michael Ercole
Represented By: Lisa R. Weddle
Represented By: Matthew Michael Papkin
Represented By: Melissa Marie Coates
Represented By: Robert Mark Brochin
Represented By: David L. Schrader
Represented By: J. Gordon Cooney, Jr.
Represented By: Mark A. Feller
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Defendant: Toyota Motor Corporation
Represented By: Brian Michael Ercole
Represented By: Lisa R. Weddle
Represented By: Matthew Michael Papkin
Represented By: Melissa Marie Coates
Represented By: Robert Mark Brochin
Represented By: David L. Schrader
Represented By: J. Gordon Cooney, Jr.
Represented By: Mark A. Feller
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Plaintiff: Kurt Kirton
Represented By: Peter Prieto
Represented By: Paul R. Kiesel
Represented By: Tyler S. Graden
Represented By: Jeffrey A. Koncius
Represented By: Peter A. Muhic
Represented By: Nicole Ramirez
Represented By: Natalie Lesser
Represented By: Nathan Hasiuk
Represented By: Melissa L. Troutner
Represented By: Richard A. Russo, Jr.
Represented By: Joseph H. Meltzer
Represented By: Lisa M. Port
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Plaintiff: Javier Cardenas
Represented By: Peter Prieto
Represented By: Alissa Del Riego
Represented By: John Gravante, III
Represented By: Matthew Weinshall
Represented By: Paul R. Kiesel
Represented By: Tyler S. Graden
Represented By: Jeffrey A. Koncius
Represented By: Peter A. Muhic
Represented By: Nicole Ramirez
Represented By: Natalie Lesser
Represented By: Nathan Hasiuk
Represented By: Melissa L. Troutner
Represented By: Richard A. Russo, Jr.
Represented By: Joseph H. Meltzer
Represented By: Lisa M. Port
Represented By: Jordan E. Jacobson
Represented By: Lauren M. McGinley
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Plaintiff: Pamela Baker
Represented By: Peter Prieto
Represented By: Nathan Hasiuk
Represented By: Melissa L. Troutner
Represented By: Richard A. Russo, Jr.
Represented By: Joseph H. Meltzer
Represented By: Lisa M. Port
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Plaintiff: Rodney Baker
Represented By: Peter Prieto
Represented By: Nathan Hasiuk
Represented By: Melissa L. Troutner
Represented By: Richard A. Russo, Jr.
Represented By: Joseph H. Meltzer
Represented By: Lisa M. Port
Represented By: Jordan E. Jacobson
Represented By: Lauren M. McGinley
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Plaintiff: Michelle Monge
Represented By: Peter Prieto
Represented By: Nathan Hasiuk
Represented By: Melissa L. Troutner
Represented By: Richard A. Russo, Jr.
Represented By: Joseph H. Meltzer
Represented By: Lisa M. Port
Represented By: Jordan E. Jacobson
Represented By: Lauren M. McGinley
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