Feuerborn v. Toyota Boshoku America, Inc. et al
| Daniel Feuerborn |
| Toyota Boshoku America, Inc. and Toyota Boshoku Corporation |
| 3:2024cv02136 |
| September 6, 2024 |
| U.S. District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on October 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 ANSWER to #19 Amended Complaint by Toyota Boshoku America, Inc..(Barton, Jonathan) |
| Filing 19 AMENDED COMPLAINT against Toyota Boshoku America, Inc., Toyota Boshoku Corporation, filed by Daniel Feuerborn.(Emison, Mark) |
Filing 18
ORDER: Before the Court is #17 Motion for Leave to File Amended Complaint Updating Case Caption filed by Plaintiff Daniel Feuerborn. The Court notes that proposed filings should not be filed on the docket - rather, they should be emailed to the Court's proposed documents inbox in accordance with this Court's Case Management Procedures. As a one-time courtesy, the Court will permit the Plaintiff to submit his proposed amended complaint in this manner. The Court also notes that only the caption and procedural history have been updated in the amended complaint. Therefore, in accordance with Federal Rule of Civil Procedure 15(a)(2) and in the interests of justice, #17 Motion for Leave to File Amended Complaint Updating Case Caption is GRANTED. Plaintiff shall file his amended complaint INSTANTER. Signed by Judge Stephen P. McGlynn on 10/18/2024. (trf) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION for Leave to File Amended Complaint Updating Case Caption by Daniel Feuerborn. (Attachments: #1 Exhibit A - Original Complaint, #2 Exhibit B - Proposed Amended Complaint)(Emison, Mark) |
| Filing 16 Summons Issued as to Toyota Boshoku Corporation. Original mailed to counsel for service. (aca) |
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Filing 15
ORDER: Before the Court are #13 Motion for Extension of Time and #14 Motion for Order filed by Plaintiff Daniel Feuerborn as Administrator of the Estate of Decedent, Anakin Feuerborn. Plaintiff first seeks an extension of the expiration date of an issued summons by 12 months in order to effect service of process on Defendant Toyota Boshoku Corporation in Japan in accordance with the Hague Convention. (See Doc. 13). While Federal Rule of Civil Procedure 4(m) imposes a 90-day expiration on issued summonses, this limit is explicitly stated to not apply to service in a foreign country. See id. Additionally, while Plaintiff's contractor Civil Action Group dba APS International, Ltd. has advised that service may take 6-8 months or longer, Plaintiff would, hypothetically, need to return to ask for another extension after 12 months had elapsed, making a 12-month time limit potentially insufficient. (See Doc. 13) As Federal Rule of Civil Procedure 4(m) does not apply to service of defendants in foreign countries, the Court holds that an order to extend the expiration date of the requested summons is not required and, therefore, #13 Motion for Extension of Time is DENIED as moot. As long as Plaintiff is able to show that he has demonstrated due diligence in attempting to serve Defendant Toyota Boshoku Corporation, the Court will hold the issued summons to be valid without an extension of the Rule 4(m) 90-day expiration date. Regarding #14 Motion for Order, this Court's Case Management Procedures state that proposed orders should not be filed on the docket but should instead be emailed to the Court's proposed documents folder. However, as this Order addresses the Plaintiff's request, #14 Motion for Order is DENIED as moot. Additionally, the Court will not assign this case to a CJRA track or set a Scheduling Conference until service of process has been effected against all named Defendants. Signed by Judge Stephen P. McGlynn on 10/10/2024. (trf) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION for Order toProposed Order Granting Plaintiff Leave to Extend the Expiration Date of a Summons by Daniel Feuerborn. (Emison, Mark) |
| Filing 13 MOTION for Extension of Time to Extend the Expiration Date of a Summmons by Daniel Feuerborn. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Emison, Mark) |
| Filing 12 Summons Requested. (Emison, Mark) |
| Filing 11 ANSWER to Complaint by Toyota Boshoku America, Inc..(Barton, Jonathan) |
| Filing 10 NOTICE of Appearance by Jeffrey Pike on behalf of All Plaintiffs (Pike, Jeffrey) |
| Filing 9 Federal Rule of Civil Procedure 7.1 Disclosure Statement by All Plaintiffs. (Emison, Mark) |
| Filing 8 NOTICE of Appearance by Mark A. Emison on behalf of All Plaintiffs (Emison, Mark) |
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Filing 7
ORDER: #6 Motion for Extension of Time to File Answer is GRANTED. Defendant Toyota Boshoku America, Inc. shall file an answer or other responsive pleading no later than September 23, 2024. Signed by Judge Stephen P. McGlynn on 9/13/2024. (trf) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 MOTION for Extension of Time to File Answer by Toyota Boshoku America, Inc.. (Barton, Jonathan) |
| Filing 5 EXHIBIT by Toyota Boshoku America, Inc.. Exhibit to #1 Notice of Removal, CIVIL COVER SHEET. (Barton, Jonathan) |
| Filing 4 NOTICE OF ACTION re #1 Notice of Removal, filed by Toyota Boshoku America, Inc. A Civil Cover Sheet was not filed as an attachment to the Complaint per this Courts instruction. A Civil Cover sheet must be filed using the event found under Civil > Other Documents > Exhibit and linked back to the Complaint docket entry. (aca)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 3 Notice of Judge Assignment. Judge Stephen P. McGlynn assigned. All future documents must bear case number 24-2136-SPM. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (aca) |
| Filing 2 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Toyota Boshoku America, Inc. identifying Corporate Parent Toyota Boshoku, Inc. for Toyota Boshoku America, Inc.. (Barton, Jonathan) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County, Illinois, case number 24-LA-0994 ( Filing fee $ 405 receipt number AILSDC-5478553), filed by Toyota Boshoku America, Inc.. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B Notice of Service, #3 Exhibit C Notice to State Court)(Barton, Jonathan) |
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