Abraham Hirschel et al v. Toyota Motor Sales U.S.A., Inc. et al
| Does 1-100 inclusive and Abraham Hirschel |
| Does 1-100, inclusive |
| Toyota Motor Sales U.S.A., Inc. |
| TK Holdings Inc., Takata Corporation and Roes |
| 1:2018cv23201 |
| August 7, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| XX US, Outside State |
| Federico A Moreno |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 24, 2018. A more recent docket listing may be available from PACER.
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Filing 28
ORDER STAYING CASE, CLOSING CASE FOR STATISTICAL PURPOSES, AND PLACING MATTER IN A CIVIL SUSPENSE FILE. Case No. 18-23201-CV-MORENO is STAYED. All future pleadings shall be filed under both Case No. 14-24009-CV-MORENO and Master File No. 15-02599-MD-MORENO. Signed by Judge Federico A. Moreno on 8/23/2018. See attached document for full details. (mc)
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| Case Stayed / Closing Case, per #28 Order Staying Case (mc) |
| Filing 27 MDL Transfer In Case Receipt from District of California Central. Case Number 2:18-cv-02454 with documents 1-24. Assigned FLSD Case Number 1:18-cv-23201-FAM on 8/7/2018. Re: FLSD MDL Case Number 1:15-md-2599. (mc) |
| Filing 26 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. (mc) |
| Filing 25 Case transferred in from California Central; Case Number 2:18-cv-02454. Electronic file including transfer order and docket sheet received. .(mc). |
| Filing 24 Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 2599, transferring case to USDC, Southern District of Florida and assigned to Honorable Federico A. Moreno. Case transferred electronically. (MD JS-6. Case Terminated.) (lom) |
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Filing 23
ORDER by Judge Dale S. Fischer: IT IS HEREBY ORDERED, that the pretrial scheduling conference is continued from August 6, 2018 to August 20, 2018. (yl)
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| Filing 22 APPLICATION to Continue Scheduling Conference from August 6, 2018 to August 20, 2018 Re: Text Only Scheduling Notice, 19 filed by Plaintiff Abraham Hirschel. (Attachments: #1 Proposed Order Proposed Order) (Davoodi, Natan) |
| Filing 21 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT : Document No. 20 filed on 7/18/18 is stricken for failure to comply with this Courts standing order and Local Rules 5-4.4.1which requires that parties submitting proposed orders or other proposed documents that require a judges signature must comply with L.R. 5-4.4.1 and L.R. 5-4.4.2 and be filed as an attachment to the electronically filed document THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY |
| Filing 20 ** DOCUMENT STRICKEN ** APPLICATION to Continue Scheduling Conference from August 6, 2018 to August 20, 2018 Re: Text Only Scheduling Notice, 19 filed by Plaintiff Abraham Hirschel. (Davoodi, Natan) Modified on 7/19/2018 (dp). |
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Filing 19
TEXT ONLY ENTRY ( IN CHAMBERS)Order by Judge Dale S. Fischer. On the Court's own motion the scheduling conference set for 7/9/18 is continued. Scheduling Conference set for 8/6/2018 at 11:00 AM before Judge Dale S. Fischer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY
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| Filing 18 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION Judge Dale S. Fischer. The Court, on its own motion, takes the Motion set for 5/14/18 off calendar and under submission. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY |
| Filing 17 CERTIFICATE OF SERVICE filed by Plaintiff Abraham Hirschel, re Reply (Motion related), #16 served on April 23, 2018. (Davoodi, Natan) |
| Filing 16 REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #6 filed by Plaintiff Abraham Hirschel. (Attachments: #1 Declaration Decl. Natan Davoodi, #2 Exhibit Ex. C - Remand Order)(Davoodi, Natan) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #6 filed by Defendant Toyota Motor Sales U.S.A., Inc.. (Attachments: #1 Exhibit A - Verified Complaint for Injunctive Relief (Motion to Stay), #2 Exhibit B - 8-16-17 Hearing Transcript, #3 Exhibit C - Order Dated 8-22-17, #4 Exhibit D - Order Dated 11-27-17, #5 Exhibit E - Notice of Potential Tag Along, #6 Exhibit F - Conditional Transfer Order Filed 4-10-18, #7 Exhibit G - Transfer Order on Lynda Flores v Toyota Motor Sales)(Whitefield, Derek) |
| Filing 14 OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #6 filed by Defendant Toyota Motor Sales U.S.A., Inc.. (Whitefield, Derek) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 7/9/2018 at 11:00 AM before Judge Dale S. Fischer. (dp)
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Filing 12
TEXT ONLY ENTRY (IN CHAMBERS) Order Rescheduling Hearing by Judge Dale S. Fischer re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #6 Motion set for hearing on 5/14/2018 at 01:30 PM before Judge Dale S. Fischer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY
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Filing 11
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (dp)
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:17-cv-08334 DSF(PLAx). Case transferred from Judge S. James Otero to Judge Dale S. Fischer for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-02454 DSF(PLAx). Signed by Judge Dale S. Fischer (rn)
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| Filing 9 NOTICE of Related Case(s) filed by Defendant Toyota Motor Sales U.S.A., Inc.. Related Case(s): 2:17-cv-08334 (Myers, John) |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendant Toyota Motor Sales U.S.A., Inc., served on March 28, 2018. (Attachments: #1 State Court Notice to Adverse Party)(Myers, John) |
| Filing 7 CERTIFICATE OF SERVICE filed by Plaintiff Abraham Hirschel, re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #6 served on March 29, 2018. (Davoodi, Natan) |
| Filing 6 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Abraham Hirschel. Motion set for hearing on 5/7/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration Davoodi, #2 Declaration Shimshi, #3 Declaration Kopple, #4 Declaration Bazzal, #5 Declaration Solomon, #6 Declaration Hirschel, #7 Declaration Flores, #8 Exhibit Ex. A - Motion to Exclude, #9 Exhibit Ex. B - Exclusion Letter) (Davoodi, Natan) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Paul L. Abrams. (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Abraham Hirschel, upon Defendant Toyota Motor Sales U.S.A., Inc. served on 11/7/2016, answer due 11/28/2016. Service of the Summons and Complaint were executed upon CT Corporation System-Registered Agent-By Serving Gladys Aguilera in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 11/9/2016 SUBMITTED ATTACHED EXHIBIT A-0041) (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1-100, inclusive, Toyota Motor Sales U.S.A., Inc. Jury Demanded., filed by plaintiff Abraham Hirschel. (FILED IN STATE COURT ON 11/7/2016 SUBMITTED ATTACHED EXHIBIT A-0002) (ghap) Modified on 3/28/2018 (ghap). |
| THIRD PARTY COMPLAINT (FILED AS CROSS-CLAIM IN STATE COURT) against Third-Party Plaintiff Takata Corporation, TK Holdings, Inc., Roes 1 through 100, inclusive ; Jury Demanded, filed by Third Party Complaint Toyota Motor Sales U.S.A., Inc. (FILED IN STATE COURT ON 6/20/2017 SUBMITTED ATTACHED EXHIBIT A-0331 ATTACHMENT NO 25) (ghap) Modified on 3/28/2018 (ghap). |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1-100, INC, Toyota Motor Sales U.S.A., Inc. Jury Demanded amending Complaint - (Discovery),, filed by plaintiff Abraham Hirschel. (FILED IN STATE COURT ON 3/27/2017 SUBMITTED ATTACHED TO EXHIBIT A-203)(ghap) Modified on 3/28/2018 (ghap). |
| CONFORMED FILED COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Abraham Hirschel, upon Defendant Toyota Motor Sales U.S.A., Inc. acknowledgment sent by Plaintiff on 6/20/2017, answer due 7/11/2017. Acknowledgment of Service signed by Derek S Whitefield, Toyota Motor Sales U.S.A., Inc. (FILED IN STATE COURT 6/23/2017 SUBMITTED ATTACHED EXHIBIT A-0394 ATTACHMENT NO 32) (ghap) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant Toyota Motor Sales U.S.A., Inc. (FILED IN STATE COURT ON 7/6/2017 SUBMITTED ATTACHED EXHIBIT A-0406 ATTACHMENT NO 35)(ghap) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant TOYOTA MOTOR SALES U.S.A., INC., a California corporation, identifying Abraham Hirschel, Toyota Motor North America, Inc., and Toyota Motor Corporation. (Myers, John) |
| Filing 2 CIVIL COVER SHEET filed by Defendant TOYOTA MOTOR SALES U.S.A., INC., a California corporation. (Myers, John) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC639906 Receipt No: 0973-21480546 - Fee: $400, filed by Defendant TOYOTA MOTOR SALES U.S.A., INC., a California corporation. (Attachments: #1 Summons and Complaint, #2 Proof of Service - Summons, #3 Notice, #4 Declaration, #5 Motion to Strike, #6 Demurrer, #7 Request, #8 Request, #9 CMC Statement, #10 Opposition, #11 Opposition, #12 CMC Statement, #13 Notice, #14 Jury Fees, #15 Reply, #16 Reply, #17 Order, #18 Notice, #19 First Amended Complaint, #20 Demurrer, #21 Motion to Strike, #22 Opposition, #23 Opposition, #24 Summons, #25 Cross Complaint, #26 Notice, #27 Ex Parte Application, #28 Reply, #29 Proof of Service, #30 Reply, #31 Notice, #32 Notice and Acknowledgment, #33 Order, #34 Order, #35 Answer, #36 Notice, #37 Notice of Bankruptcy, #38 Joint Stipulation, #39 Evidence for MSJ, #40 Motion for Summary Judgment, #41 Request, #42 Declaration, #43 Declaration, #44 Separate Statement, #45 Proof of Service, #46 Notice) (Attorney John W Myers, IV added to party TOYOTA MOTOR SALES U.S.A., INC., a California corporation(pty:dft))(Myers, John) |
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