Bixby v. Toyota Motor North America, Inc. et al
Plaintiff: Adam Bixby
Defendant: Toyota Motor North America, Inc. and Toyota Motor Sales, U.S.A. Inc.
Case Number: 2:2022cv00059
Filed: May 4, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: David L Bunning
Referring Judge: Candace J Smith
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2601 Family Leave Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2023 Opinion or Order Filing 30 MEMORANDUM OPINION & ORDER: 1) Defendants' Motion to Compel Arbitration, Dismiss Plaintiffs Class Claims,and Dismiss or Stay Plaintiffs Individual Claims #25 is GRANTED; a) Plaintiff's Class Claims are DISMISSED;b) Plaintiff's Individual Claims are STAYED;2) This matter is STAYED pending arbitration; 3) The parties shall arbitrate this dispute in accordance with their arbitrationagreement and file a status report indicating the outcome of arbitration. Signed by Judge David L. Bunning on 2/17/2023.(TJZ)cc: COR
September 14, 2022 Opinion or Order Filing 29 REPLY BRIEF to #25 filed by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc.. (Attachments: #1 SUPPLEMENTAL DECLARATION OF ZACHARY P. HUTTON IN SUPPORT OF)(Hutton, Zachary)
September 2, 2022 Opinion or Order Filing 28 VIRTUAL ORDER: granting #26 MOTION for Matthew C. Metzger to Appear Pro Hac Vice on behalf of Plaintiff Adam Bixby, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 9/2/2022. (SLG)cc: COR and Matthew C. Metzger by US Mail
September 2, 2022 Opinion or Order NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Matthew C. Metzger: re 28 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Matthew C. Metzger (SLG)
September 1, 2022 Opinion or Order NOTICE OF DOCKET MODIFICATION TO Marc D. Mezibov re #26 MOTION for Matthew C. Metzger to Appear Pro Hac Vice by Adam Bixby Error: attachments were insufficiently described as Exhibit A,Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments.Attachments must be adequately described. Example: Exhibit A (incorrect);Exhibit A Affidavit of John Doe (correct). No further action required bycounsel. ( Filing fee $125; receipt number AKYEDC-5352872) cc: COR (SLG)
September 1, 2022 Opinion or Order BAR STATUS Check completed as to Matthew Metzger re #26 MOTION for Matthew C. Metzger to Appear Pro Hac Vice by Adam Bixby ( Filing fee $125; receipt number AKYEDC-5352872). (SLG)
September 1, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #26 MOTION for Matthew C. Metzger to Appear Pro Hac Vice by Adam Bixby ( Filing fee $125; receipt number AKYEDC-5352872). (SLG)
August 31, 2022 Opinion or Order Filing 27 RESPONSE in Opposition re #25 MOTION to Compel by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. MOTION TO COMPEL ARBITRATION, DISMISS PLAINTIFFS CLASS CLAIMS, AND DISMISS OR STAY PLAINTIFFS INDIVIDUAL CLAIMS filed by Adam Bixby. (Attachments: #1 Exhibit Exhibit A: Grassley Amendment, #2 Exhibit Butler Declaration)(Butler, Brian)
August 31, 2022 Opinion or Order Filing 26 MOTION for Matthew C. Metzger to Appear Pro Hac Vice by Adam Bixby ( Filing fee $125; receipt number AKYEDC-5352872)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A-Declaration of Matthew C. Metzger, #2 Exhibit B-Supreme Court of Ohio Certificate of Good Standing, #3 Proposed Order)(Mezibov, Marc) Modified on 9/1/2022 (SLG).
August 29, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #25 MOTION to Compel by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. MOTION TO COMPEL ARBITRATION, DISMISS PLAINTIFFS CLASS CLAIMS, AND DISMISS OR STAY PLAINTIFFS INDIVIDUAL CLAIMS (SLG)
August 10, 2022 Opinion or Order Filing 25 MOTION to Compel by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. MOTION TO COMPEL ARBITRATION, DISMISS PLAINTIFFS CLASS CLAIMS, AND DISMISS OR STAY PLAINTIFFS INDIVIDUAL CLAIMS Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A-DECLARATION OF JAGPREET BODKER IN SUPPORT OF, #2 Exhibit B-DECLARATION OF STEPHEN M. LONG IN SUPPORT OF, #3 Exhibit C-DECLARATION OF ZACHARY P. HUTTON IN SUPPORT OF, #4 Proposed Order)(Hutton, Zachary) Modified on 8/11/2022 (SLG).
July 26, 2022 Opinion or Order Filing 24 SUMMONS Returned Executed by Adam Bixby via Process Server to All Defendants. (Attachments: #1 Summons)(Butler, Brian)
July 13, 2022 Opinion or Order Filing 23 ORDER: the parties' Joint Stipulation Regarding Extension of Responsive Pleading Deadline #20 is hereby construed by the Court as the parties' proposed Agreed Order Regarding Extension of Responsive Pleading Deadline and, as so construed, is hereby granted. Defendants shall have to and including Thursday, August 11, 2022, within which to respond to Plaintiff's Complaint. Signed by Magistrate Judge Candace J. Smith on 7/13/2022.(SLG)cc: COR
July 12, 2022 Opinion or Order Filing 22 ORDER: 1. The Joint Stipulation #21 is GRANTED on the terms set forth therein; and 2. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction #8 is deemed withdrawn, and the briefing schedule onthe motion is vacated. Signed by Judge David L. Bunning on 7/12/2022. (SLG)cc: COR
July 12, 2022 Opinion or Order Filing 21 Proposed Agreed Order by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc.. (Attachments: #1 Proposed Order ON JOINT STIPULATION REGARDING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION)(Hutton, Zachary)
July 12, 2022 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #20 Joint Stipulation regarding Extension of Responsive Pleading Deadline (ECO)
July 12, 2022 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #20 Joint Stipulation (ECO)
July 11, 2022 Opinion or Order Filing 20 JOINT STIPULATION regarding Extension of Responsive Pleading Deadline by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc.. (Hutton, Zachary) Modified text to better describe document on 7/12/2022 (ECO).
June 29, 2022 Opinion or Order Filing 19 VIRTUAL ORDER: granting #16 Joint Stipulation regarding Briefing Schedule by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. and Plaintiff. Defendants Response to Plaintiff's motion #8 shall be filed not later than July 13, 2022. Plaintiffs Reply shall be filed not later than July 20, 2022. A hearing on the motion, if necessary, will be set by subsequent Order after consultation with counsel. Signed by Judge David L. Bunning on 06/29/2022.(SLG)cc: COR
June 29, 2022 Opinion or Order Filing 18 AFFIDAVIT of Service for Summons in a Civil Action served on Toyota Motor Sales USA on 6/21/2022, filed by Adam Bixby. (Butler, Brian)
June 29, 2022 Opinion or Order Filing 17 AFFIDAVIT of Service for Summons in a Civil Action served on Toyota Motor North America on 6/21/2022, filed by Adam Bixby. (Butler, Brian)
June 29, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #16 Joint Stipulation regarding Briefing Schedule by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. (SLG)
June 28, 2022 Opinion or Order Filing 16 Joint Stipulation regarding Briefing Schedule by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc.. (Attachments: #1 Proposed Order (Hutton, Zachary) Modified on 6/29/2022 (SLG).
June 27, 2022 Opinion or Order Filing 15 VIRTUAL ORDER: granting #12 MOTION for Anna M. Skaggs to Appear Pro Hac Vice as co-counsel for Defendants Toyota Motor North America, Inc. and Toyota Motor Sales, U.S.A., Inc., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 06/27/2022. (SLG)cc: COR
June 27, 2022 Opinion or Order Filing 14 VIRTUAL ORDER: granting #9 MOTION for Zachary P. Hutton to Appear Pro Hac Vice as co-counsel for Defendants Toyota Motor North America, Inc. and Toyota Motor Sales, U.S.A., Inc., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 06/27/2022. (SLG)cc: COR
June 23, 2022 Opinion or Order Filing 13 AFFIDAVIT re #12 MOTION for Anna M. Skaggs to Appear Pro Hac Vice by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. ( Filing fee $125; receipt number AKYEDC-5296943) Declaration of Anna M. Skaggs ISO Motion for Admission Pro Hac Vice by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc.. (Skaggs, Anna)
June 23, 2022 Opinion or Order Filing 12 MOTION for Anna M. Skaggs to Appear Pro Hac Vice by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. ( Filing fee $125; receipt number AKYEDC-5296943)Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Skaggs, Anna)
June 23, 2022 Opinion or Order Filing 11 FRCP 7.1 DISCLOSURE STATEMENT by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. identifying Corporate Parent Toyota Motor Corporation for Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc... (Hutton, Zachary)
June 23, 2022 Opinion or Order Filing 10 AFFIDAVIT re #9 MOTION for Zachary P. Hutton to Appear Pro Hac Vice by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. ( Filing fee $125; receipt number AKYEDC-5296884) Declaration of Zachary P. Hutton ISO Motion for Admission Pro Hac Vice by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc.. (Hutton, Zachary)
June 23, 2022 Opinion or Order Filing 9 MOTION for Zachary P. Hutton to Appear Pro Hac Vice by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. ( Filing fee $125; receipt number AKYEDC-5296884)Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Hutton, Zachary)
June 23, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #9 MOTION for Zachary P. Hutton to Appear Pro Hac Vice by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. ( Filing fee $125; receipt number AKYEDC-5296884) (ECO)
June 23, 2022 Opinion or Order BAR STATUS Check completed as to Zachary P. Hutton re #10 Affidavit, #9 MOTION for Zachary P. Hutton to Appear Pro Hac Vice by Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. ( Filing fee $125; receipt number AKYEDC-5296884). (ECO)
June 15, 2022 Opinion or Order Filing 8 MOTION for Temporary Restraining Order by Adam Bixby And Preliminary Injunction (Attachments: #1 Declaration of Adam Bixby, #2 Proposed Order)(Butler, Brian)
June 15, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #8 MOTION for Temporary Restraining Order by Adam Bixby And Preliminary Injunction (ECO)
June 13, 2022 Opinion or Order Filing 7 Summons Issued as to Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A. Inc. ; Summons issued and returned to counsel electronically. (Attachments: #1 Summons Toyota Motor Sales, U.S.A. Inc.)(SLG)
June 10, 2022 Opinion or Order Filing 6 NOTICE by Adam Bixby (Attachments: #1 Summons to Toyota Motor North America, Inc., #2 Summons to Toyota Motor Sales, U.S.A., Inc.)(Butler, Brian)
May 19, 2022 Opinion or Order Filing 5 VIRTUAL ORDER: granting #4 MOTION for Brian J. Butler to Appear Pro Hac Vice as co-counsel on behalf of Plaintiff Adam Bixby, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 5/19/2022. (SLG)cc: COR
May 5, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #4 MOTION for Brian J. Butler to Appear Pro Hac Vice by Adam Bixby ( Filing fee $125; receipt number AKYEDC-5258670). (SLG)
May 5, 2022 Opinion or Order BAR STATUS Check completed re #4 MOTION for Brian J. Butler to Appear Pro Hac Vice by Adam Bixby ( Filing fee $125; receipt number AKYEDC-5258670). (SLG)
May 4, 2022 Opinion or Order Filing 4 MOTION for Brian J. Butler to Appear Pro Hac Vice by Adam Bixby ( Filing fee $125; receipt number AKYEDC-5258670)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A-Declaration, #2 Exhibit B-Certificate of Good Standing, #3 Proposed Order)(Mezibov, Marc)
May 4, 2022 Opinion or Order Filing 3 STANDING REFERRAL ORDER: 1. That this case be, and it is, hereby referred to the assigned United States Magistrate Judge at Covington to supervise discovery and pretrial proceedings. Unless otherwise ordered by the Court, the case will revert back to the undersigned to hold the final pretrial conference and trial. 2. That, in connection with such reference, the said Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of this Court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will also be before the undersigned, unless the parties agree to a trial by a Magistrate Judge.3. Discovery disputes shall be resolved in the following manner: (1) Parties shall meet/or confer in an attempt to resolve disputes between themselves, without judicial intervention; (2) if the parties are unable to resolve such disputes informally, they shall attempt to resolve their disagreement by telephone conference with the Magistrate Judge; (3) if, and only if, the parties are unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court. Written motions regarding discovery shall include the certification required. Signed by Judge David L. Bunning on 01/13/2011.(SLG)cc: COR
May 4, 2022 Opinion or Order Filing 1 COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $402; receipt number AKYEDC-5258405)filed by Adam Bixby. (Attachments: #1 Civil Cover Sheet)(SLG)
May 4, 2022 Opinion or Order Conflict Check run. (SLG)

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Plaintiff: Adam Bixby
Represented By: Marc D. Mezibov
Represented By: Brian J. Butler
Represented By: Matthew C. Metzger
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Defendant: Toyota Motor North America, Inc.
Represented By: Anna M. Skaggs
Represented By: Zachary P. Hutton
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Defendant: Toyota Motor Sales, U.S.A. Inc.
Represented By: Anna M. Skaggs
Represented By: Zachary P. Hutton
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