State Farm Mutual Automobile Insurance Company et al v Toyota Motor Sales USA Inc
| State Farm Mutual Automobile Insurance Company, as subrogee of, Erin C. McGinnis and Kelly Janes |
| Toyota Motor Sales, U.S.A., Inc. |
| 1:2020cv01025 |
| January 17, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Jonathan E Hawley |
| Eric I Long |
| James E Shadid |
| Tort Product Liability |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 14 SECOND AMENDED COMPLAINT against Toyota Motor Sales USA Inc and Napleton's Urbana Imports LLC, filed by State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company (Attachments: #1 Exhibit). (KM, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/13/20. Plaintiff's Second Motion to Amend Complaint #11 is GRANTED. The Court directs the Clerk to file Plaintiff's Second Amended Complaint [11-1] instanter. Pursuant to Local Rule 7.1E, Defendant's Motion to Dismiss #9 is DENIED as moot with leave to refile within 14 days. (KM, ilcd)
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| Filing 13 CERTIFICATE of Service/Counsel by Steven C Ward on behalf of State Farm Mutual Automobile Insurance Company (Ward, Steven) |
| Filing 12 REPLY to Response to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff State Farm Mutual Automobile Insurance Company. (Ward, Steven) |
| Filing 11 Second MOTION to Amend/Correct Complaint by Plaintiff State Farm Mutual Automobile Insurance Company. Responses due by 3/26/2020 (Attachments: #1 Exhibit Exhibit 1)(Ward, Steven) |
| Filing 10 Minute Entry for proceedings held 3/5/2020 before Magistrate Judge Eric I. Long. Appearance for Plaintiff by Steven Ward. Appearance for Defendant by Michael Adler. Rule 16 conference held by telephone. Plan approved; dates set. Consent to magistrate judge discussed (form attached). ADR options offered, including court-hosted settlement conference. The Court adopts and incorporates by reference the Discovery Plan #8 . The following discovery deadlines are set: Initial disclosure due by: 2/19/20; Amended pleadings due by: 7/8/21; Joinder of parties due by: 7/8/21; Plaintiff`s expert disclosure and expert reports due: 11/17/20; Plaintiff shall make experts available for deposition by: 1/17/21; Defendant's expert disclosure and expert reports due by: 2/17/21; Defendant shall make experts available for deposition by: 4/17/21; Plaintiffs disclosures regarding rebuttal experts due: 5/17/21; Plaintiff must make reuttal experts available for deposition by: 6/17/21; Discovery, including deposition of experts, due by: 7/8/21; Case dispositive motions due by: 7/22/21. Final Pretrial Conference is scheduled for 11/29/21 at 1:30 PM by personal appearance before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Selection/Jury Trial is scheduled for 12/7/21 at 9:00 AM before Judge Colin S. Bruce, Courtroom A, Urbana, (7 days). Status Hearing set before Judge Long on 8/17/20 at 10:15 AM by telephone to discuss possible court hosted mediation or summary trial. (Tape #UR-B 10:59 AM.) (DS, ilcd) |
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ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 2/28/2020. This Court has reviewed the parties' Report of Rule 26(f) Planning Meeting #8 and the matter is hereby converted from personal appearance to telephone conference on 3/5/20 at 11:00 AM. The Court will initiate the call. (DS, ilcd)
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| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Toyota Motor Sales USA Inc. Responses due by 3/12/2020 (Attachments: #1 Exhibit 1)(Boyle, Mark) |
| Filing 8 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Toyota Motor Sales USA Inc. (Cushing, Thomas) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/27/2020. Due to a conflict in the Court's calendar, the Rule 16 Scheduling Conference set for 3/4/20 is RESCHEDULED to 3/5/20 at 11:00 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. (DS, ilcd)
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| Filing 7 NOTICE Certificate of Service (Ward, Steven) |
| Filing 6 CERTIFICATE Toyota Motor Sales, U.S.A., Inc.'s Certificate of Service. (Cushing, Thomas) |
| Filing 5 AMENDED COMPLAINT against Toyota Motor Sales USA Inc, filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit) (DS, ilcd) (Main Document 5 replaced on 2/12/2020) (DS, ilcd). (Attachment 1 replaced on 2/12/2020) Documents replaced as they were docketed incorrectly (DS, ilcd). |
| Filing 4 First MOTION to Amend/Correct Complaint by Plaintiff State Farm Mutual Automobile Insurance Company. Responses due by 2/25/2020 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit A)(Ward, Steven) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/11/2020. Plaintiff's Motion to File Amended Complaint #4 is GRANTED. The Court directs the Clerk to file Plaintiff's Amended Complaint [4-1] and Exhibits [4-2] instanter. (DS, ilcd)
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Filing 3
ORDER Entered by Magistrate Judge Eric I. Long on 1/21/20. Rule 16 Scheduling Conference set for 3/4/2020 at 11:00 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. SEE WRITTEN ORDER. (SKR, ilcd)
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TEXT ONLY ORDER: 28 U.S.C. 1441 provides, "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." Defendant's notice of removal indicates this action was originally filed in the Circuit Court of the Sixth Judicial Circuit in Macon County, Illinois. Macon County lies within the Urbana Division of the Central District of Illinois. See CDIL-LR 40.1(D). Accordingly, the Court directs this action be transferred to the Urbana Division for further proceedings. 28 U.S.C. 1446(a). Entered by Judge James E. Shadid on 1/21/2019. (SJP, ilcd)
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| Judge Colin Stirling Bruce and Magistrate Judge Eric I. Long added. Magistrate Judge Jonathan E. Hawley and Judge James E. Shadid no longer assigned to case. (RK, ilcd) |
| Filing 2 NOTICE of Appearance of Attorney by Thomas W Cushing on behalf of Toyota Motor Sales, U.S.A., Inc. (Cushing, Thomas) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0753-3285037), filed by Toyota Motor Sales, U.S.A., Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Cushing, Thomas) |
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| Plaintiff: State Farm Mutual Automobile Insurance Company, as subrogee of, Erin C. McGinnis and Kelly Janes | |
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| Defendant: Toyota Motor Sales, U.S.A., Inc. | |
| Represented By: | Thomas W Cushing |
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