MABREY v. YAMAHA MOTOR CORPORATION, U.S.A. et al
| CORY J. MABREY |
| TORQUED, LLC, YAMAHA MOTOR CORPORATION, U.S.A. and TORQUED, LLC doing business as BIG 4 CYCLE |
| 3:2019cv00194 |
| September 13, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Richard L Young |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 pl |
| Both |
Docket Report
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This docket was last retrieved on August 3, 2021. A more recent docket listing may be available from PACER.
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| Filing 43 STIPULATION of Dismissal , as to Defendant YAMAHA MOTOR CORPORATION, U.S.A., Plaintiff CORY J. MABREY, filed by YAMAHA MOTOR CORPORATION, U.S.A.. (Attachments: #1 Text of Proposed Order)(Mortier, Jeffrey) |
Filing 42
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 7/8/2021. A settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. Within forty-five (45) days of the date of this entry, counsel for the Plaintiff shall file a motion to dismiss this cause and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal (consistent with the agreement of the parties). Additional time to complete the execution of the settlement documents may be granted for good cause shown, if requested in writing before expiration of this period. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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| Filing 41 Submission of Subpoena to Appear at Deposition, filed by Plaintiff CORY J. MABREY. (Attachments: #1 Envelope)(AAS) |
| Filing 40 Submission of Notice of Deposition of Thomas Hathaway, filed by Plaintiff CORY J. MABREY. (Attachments: #1 Envelope)(AAS) |
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Filing 39
SCHEDULING ORDER - The court SETS this matter for a final pretrial conference on JANUARY 6, 2022 at 2:00 p.m. Counsel for parties are ordered to appear before the Honorable Richard L. Young, Judge, in room 301 of the Federal Building, 101 NW M.L. King, Jr., Blvd., Evansville, Indiana 47708. This matter is also set for trial by jury on JANUARY 24, 2022 at 9:00 a.m. in room 301. The court has allotted seven (7) days for this trial. Signed by Judge Richard L. Young on 2/17/2021.(AAS)
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Filing 38
ORDER granting #37 Motion to Establish Pretrial Deadlines - Dispositive Motions due by 9/30/2021. Discovery due by 8/30/2021. SEE ORDER FOR OTHER DEADLINES. Signed by Magistrate Judge Matthew P. Brookman on 1/14/2021.(JRB)
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| Filing 37 Joint MOTION to Establish Pretrial Deadlines, filed by Defendant YAMAHA MOTOR CORPORATION, U.S.A.. (Attachments: #1 Text of Proposed Order)(Shelby, Blake) Modified text on 1/14/2021 (TMB). |
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Filing 36
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/11/2021. The Settlement Conference set for 2/18/2021 is VACATED and RESET to 7/8/2021 at 01:00 PM (Central Time) in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 35
ORDER granting #27 Motion to Compel - The court GRANTS Plaintiff's Motion to Compel. (Docket No. 27). Yamaha USA is ordered to produce design safety and testing documents related to the fuel tank system on the Yamaha Grizzly 700 model years 2007 to 2011. Yamaha USA is further ordered to produce and disclose information concerning its knowledge of the problem with excessive pressure within the fuel tank of the 2007/2008 Grizzly 700, how it learned this information, and what role it played in its issuance of the 2008 Technical Service Bulletin. Yamaha USA should produce responsive discovery by January 22, 2021. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/8/2021. (AAS)
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Filing 33
SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE set for January 11, 2021 at 11:30 a.m. (CST), is hereby RESCHEDULED for JANUARY 11, 2021 at 11:00 a.m., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. Please note this is a time change ONLY. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 1/5/2021.(JRB)
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| Filing 32 REPLY in Support of Motion re #27 MOTION to Compel , filed by Plaintiff CORY J. MABREY. (Chapman, Neil) |
| Filing 31 RESPONSE in Opposition re #27 MOTION to Compel of Plaintiff, filed by Defendant YAMAHA MOTOR CORPORATION, U.S.A.. (Attachments: #1 Exhibit A - Affidavit of Jeffrey Mortier, #2 Exhibit B - Affidavit of Ken Dill)(Shelby, Blake) |
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Filing 30
ORDER granting #29 Motion for Continuance of Settlement Conference and Other Pretrial Deadlines for One Hundred-Twenty Days - Dispositive Motions due by 5/21/2021. Discovery due by 4/13/2021. Telephonic Status Conference set for 1/11/2021 at 11:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephone conference will be provided by a separate notification. SETTLEMENT CONFERENCE currently scheduled for October 14, 2020, is VACATED and RESET to FEBRUARY 18, 2021 at 1:00 p.m. (CST) before Magistrate Judge Matthew P. Brookman, in room 328, United States Courthouse, 101 NW Martin Luther King Jr. Boulevard, Evansville, Indiana. The particulars for this conference were previously provided (Dkt. No. 13) and remain unchanged. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/2/2020.(JRB)
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| Filing 29 Joint MOTION for Continuance of Settlement Conference and Other Pretrial Deadlines for One Hundred-Twenty Days, filed by Defendant YAMAHA MOTOR CORPORATION, U.S.A.. (Attachments: #1 Text of Proposed Order)(Shelby, Blake) |
| Filing 28 Submission of Signature Requirement re #27 MOTION to Compel by All Plaintiffs. (Attachments: #1 Exhibit A - Interrogatory Responses, #2 Exhibit B - Technical Service Bulletin, #3 Exhibit C - Initial Disclosures, #4 Exhibit D - Parts Diagram, #5 Exhibit E - Yamaha Board Members, #6 Exhibit F - Yamaha Integrated Report 2020, #7 Exhibit G - Service Manual, #8 Exhibit H - Declaration Page, #9 Text of Proposed Order)(Chapman, Neil) |
| Filing 27 MOTION to Compel , filed by Plaintiff CORY J. MABREY. (Attachments: #1 Exhibit A - Interrogatory Responses, #2 Exhibit B - Technical Service Bulletin, #3 Exhibit C - Initial Disclosures, #4 Exhibit D - Parts Diagram, #5 Exhibit E - Yamaha Board Members, #6 Exhibit F - Yamaha Integrated Report 2020, #7 Exhibit G - Service Manual, #8 Exhibit H - Declaration Page, #9 Text of Proposed Order)(Thomas, Noah) |
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Filing 26
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Discovery Conference held on 9/14/2020. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 24
SCHEDULING ORDER: Telephonic Discovery Conference set for 9/14/2020 at 10:00 AM CST before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 9/9/2020.(JRB)
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Filing 23
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 7/20/2020. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (LES)
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Filing 21
ORDER granting #20 Motion to Extend Pre-Trial Case Management Deadlines and to Continue Trial - Dispositive Motions due by 1/21/2021. Discovery due by 12/14/2020. The jury trial in this matter, currently scheduled for March 15, 2021, is continued along with the final pre-trial conference, and the trial and final pre-trial conference will be rescheduled for a date after June 15, 2021 of the Courts choosing. see order. Signed by Magistrate Judge Matthew P. Brookman on 7/7/2020.(JRB)
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| Filing 20 Joint MOTION to Extend Pre-Trial Case Management Deadlines and to Continue Trial, filed by Defendant YAMAHA MOTOR CORPORATION, U.S.A.. (Attachments: #1 Text of Proposed Order)(Shelby, Blake) |
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Filing 19
SCHEDULING ORDER - The court SETS this matter for a final pretrial conference on MARCH 4, 2021 at 2:00 p.m. Counsel for parties are ordered to appear before the Honorable Richard L. Young, Judge, in room 301 of the Federal Building, 101 NW M.L. King, Jr., Blvd., Evansville, Indiana 47708. This matter is also set for trial by jury on MARCH 15, 2021 at 9:00 a.m. in room 301. The court has allotted seven days for this trial. Signed by Judge Richard L. Young on 5/5/2020.(AAS)
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| Filing 18 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Noah Cartwright Thomas hereby notifies the Clerk of the court of changed contact information. (Thomas, Noah) |
| Filing 17 Witness List (Preliminary), filed by Defendant YAMAHA MOTOR CORPORATION, U.S.A., Exhibit List (Preliminary), filed by Defendant YAMAHA MOTOR CORPORATION, U.S.A.. (Shelby, Blake) |
| Filing 16 Witness List and Exhibit List (Preliminary), filed by Plaintiff CORY J. MABREY. (Chapman, Neil) |
| Filing 15 NOTICE of Service of Initial Disclosures , filed by Plaintiff CORY J. MABREY. (Chapman, Neil) |
| Filing 14 NOTICE of Service of Initial Disclosures , filed by Defendant YAMAHA MOTOR CORPORATION, U.S.A.. (Shelby, Blake) |
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Filing 13
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Initial Pretrial Conference held on 12/5/2019. Discovery due by 9/14/2020. Dispositive Motions due by 10/14/2020. Settlement Conference set for 10/14/2020 at 01:00 PM (Central Time) in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. Status Conference set for 7/20/2020 at 09:00 AM (Central Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 12/5/2019.(TMB)
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| Filing 11 Agreed CASE MANAGEMENT PLAN TENDERED, filed by Defendant YAMAHA MOTOR CORPORATION, U.S.A. . (Shelby, Blake) |
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Filing 10
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 12/5/2019 at 10:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/8/2019.(JRB) Modified to correct date on 11/26/2019 (TMB).
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| Filing 9 Marginal Entry Approving #6 Notice of Voluntary Dismissal filed - Defendant Torqued, LLC d/b/a/ Big 4 Cycle is dismissed without prejudiced. Signed by Judge Richard L. Young on 9/30/2019.(JRB) |
| Filing 8 DEMAND for Trial by Jury, filed by Defendant YAMAHA MOTOR CORPORATION, U.S.A.. (Shelby, Blake) |
| Filing 7 ANSWER to Complaint , filed by YAMAHA MOTOR CORPORATION, U.S.A..(Shelby, Blake) |
| Filing 6 NOTICE of Voluntary Dismissal, filed by Plaintiff CORY J. MABREY. (Thomas, Noah) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (RSF) |
| Filing 4 NOTICE of Appearance by Jeffrey J. Mortier on behalf of Defendant YAMAHA MOTOR CORPORATION, U.S.A.. (Mortier, Jeffrey) |
| Filing 3 Corporate Disclosure Statement by YAMAHA MOTOR CORPORATION, U.S.A. identifying Corporate Parent YAMAHA MOTOR CO., LTD. for YAMAHA MOTOR CORPORATION, U.S.A... (Shelby, Blake) |
| Filing 2 NOTICE of Appearance by Blake N. Shelby on behalf of Defendant YAMAHA MOTOR CORPORATION, U.S.A.. (Shelby, Blake) |
| Filing 1 NOTICE OF REMOVAL from Pike County Circuit Court, case number 63C01-1908-CT-000305, filed by YAMAHA MOTOR CORPORATION, U.S.A.. (Filing fee $400, receipt number 0756-5628849) (Attachments: #1 Exhibit B - Torqued LLC Business Information, #2 Exhibit C - Neil Chapman Email, #3 Exhibit D - Affidavit of Caleb Chesser, #4 State Court Record Docket, Complaint, Appearance for Plaintiff, Summonses, Appearances for Defendants, Notices of Automatic Extension of Time, #5 Exhibit A - State Court Complaint, #6 Civil Cover Sheet)(Shelby, Blake) |
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