Thibeaux et al v. Toyota Motor Corp et al
| Patrice Thibeaux, Trayvon Alexander, Keshon Batiste, Dustin Thibeaux, Paula Thibeaux, Jason Alexander, Jayvon Alexander and Aaliyah Thibeaux |
| Toyota Motor Engineering & Manufacturing North America, Inc., Don's Automotive Group, LLC, Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Courtesy Ford Lincoln Company, Inc., Robert Bosch LLC, Toyota Motor North America, Inc., DENSO International America, Inc., Toyota Motor Corp, Toyota Motor Sales U S A Inc, Toyota Motor Engineering & Manufacturing North America Inc, Toyota Motor North America Inc, D E N S O International America Inc, Robert Bosch L L C, Dons Automotive Group L L C, Courtesy Ford Lincoln Co Inc and Toyota North America Inc |
| 6:2021cv01566 |
| June 8, 2021 |
| US District Court for the Western District of Louisiana |
| Robert R Summerhays |
| Carol B Whitehurst |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 39 MINUTES for proceedings held before Magistrate Judge Carol B Whitehurst: TELEPHONE STATUS CONFERENCE held on 8/3/2021. The parties discussed the stay order (Rec. Doc. #22 ). The Court reiterated that all pending motions and deadlines remain stayed while the order is in place. The Court will not rule on any pending motions (Rec. Doc. #13 ; #23 ; #26 ; #31 ; 34 ) until the stay is lifted. The parties further discussed the status of the JPML litigation and advised that briefing deadlines on the motion to transfer in that litigation have expired. (crt,Chicola, C) |
| Set/Reset Hearings: Telephone Conference reset for 8/3/2021 02:00 PM by phone before Magistrate Judge Carol B Whitehurst. (crt,Chicola, C) |
Filing 38
ELECTRONIC ORDER - The telephone status conference set for July 28, 2021 is hereby RESET for August 3, 2021 at 2:00 p.m. Counsel shall access the call by dialing 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 7/27/2021. (crt,Coreil, H)
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Filing 37
ORDER granting #36 Motion for Extension of Time to File Response/Reply. IT IS ORDERED that none of the defendants need respond to plaintiffs' #26 Motion to Expedite Remand until after the upcoming July 28, 2021 Status Conference, at which time the Court can set a schedule for briefing the motion to remand, including oppositions, should the Court determine that a response to the motion is even required at this time. Signed by Magistrate Judge Carol B Whitehurst on 7/26/2021. (crt,Chicola, C)
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| Filing 36 MOTION for Extension of Time to File Response/Reply to #26 First MOTION to Remand and MOTION to Exepedite by Toyota Motor Corp, Toyota Motor Engineering & Manufacturing North America Inc, Toyota Motor North America Inc, Toyota Motor Sales U S A Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 7/19/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Bodin, Mark) Modified on 7/19/2021 to capture more accurate event and edit text (Jones, P). |
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Filing 35
ELECTRONIC ORDER - A telephone conference is hereby SET for July 28, 2021 at 2:00 p.m. Counsel shall be prepared the discuss the stay order and shall access the call by dialing 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 7/19/2021. (crt,Coreil, H)
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| Set/Reset Hearings: Telephone Conference set for 7/28/2021 at 2:00 PM before Magistrate Judge Carol B Whitehurst. (crt,Chicola, C) |
| Filing 34 MOTION to Strike #23 MOTION to Dismiss DENSO International America, Inc. by Dustin Thibeaux, Patrice Thibeaux, Paula Thibeaux. Motions referred to Magistrate Judge Carol B Whitehurst. Motion Ripe Deadline set for 7/16/2021. ADMINISTRATIVE ENTRY: AS PLEADING ELECTRONICALLY FILED AS 34 RESPONSE. Counsel is reminded that multiple pleadings should not be combined into one document but should be filed separately. (crt,Jones, P) |
| Filing 34 RESPONSE to Motion re #23 MOTION to Dismiss DENSO International America, Inc. filed by Jason Alexander, Dustin Thibeaux, Patrice Thibeaux, Paula Thibeaux. (aty,Daniel, David) |
| Filing 33 RESPONSE to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction (Deficiency Cured) filed by Jason Alexander, Dustin Thibeaux, Patrice Thibeaux, Paula Thibeaux. (Attachments: #1 Exhibit 1 - Petition for Damages, #2 Exhibit 2 - Bosch - Press Release, #3 Exhibit 3 - Automotive News, #4 Exhibit 4 - Advertisements of Bosch ABS Component for Toyota Corollas)(aty,Daniel, David) |
| Filing 32 MINUTE ENTRY REFERRING MOTION: #23 MOTION to Dismiss filed by D E N S O International America Inc is REFERRED to Magistrate Judge Carol B Whitehurst for Report and Recommendation. Issued by Judge Robert R Summerhays on 7/13/2021. (crt,Reeves, T) |
| Filing 31 MOTION to Strike #26 First MOTION to Remand to State Court by Toyota Motor Corp, Toyota Motor Engineering & Manufacturing North America Inc, Toyota Motor North America Inc, Toyota Motor Sales U S A Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 7/13/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Bodin, Mark) |
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Filing 30
ORDER granting #29 Motion to Withdraw as Attorney. Attorney Caroline Kay Darwin terminated. Signed by Magistrate Judge Carol B Whitehurst on 7/9/2021. (crt,Reeves, T)
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| Filing 29 MOTION to Withdraw Caroline K. Darwin as Attorney by Robert Bosch L L C. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 7/8/2021. (Attachments: #1 Proposed order)(aty,Darwin, Caroline) |
| Filing 28 NOTICE of Deficiency to David Patrick Daniel, Jr on behalf of Jason Alexander, Dustin Thibeaux, Patrice Thibeaux, Paula Thibeaux regarding #27 Response to Motion. Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. Please see LR7.8 for specific requirements regarding table of contents. (crt,Jones, P) |
| Filing 27 DEFICIENT RESPONSE to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Jason Alexander, Dustin Thibeaux, Patrice Thibeaux, Paula Thibeaux. (Attachments: #1 Exhibit 01 - Petition for Damages, #2 Exhibit 02 - Bosch Press Release, #3 Exhibit 03 - Automotive News, #4 Exhibit Advertisement of Bosch ABS Component for Toyota Corollas)(aty,Daniel, David) Modified on 7/7/2021 to indicate deficiency (Jones, P). Modified on 7/14/2021 to indicate refiled in its entirety as Document #33 (Jones, P). |
| Filing 26 First MOTION to Remand to State Court MOTION to Expedite by Jason Alexander, Dustin Thibeaux, Patrice Thibeaux, Paula Thibeaux. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 7/6/2021. (Attachments: #1 Exhibit 01 - SOS Don's Automotive, #2 Exhibit 02 - Petition for Damages, #3 Exhibit 03 - Proof of Service on Don's Automotive Group, LLC, #4 Exhibit 04 - Opposition to CTO-100)(aty,Daniel, David). Added MOTION to Expedite on 7/13/2021 (Jones, P). |
| Filing 25 CORPORATE DISCLOSURE STATEMENT by D E N S O International America Inc identifying Corporate Parent DENSO Corporation for D E N S O International America Inc. (aty,McDaniel, Keith) |
| Filing 24 ANSWER to Complaint with Jury Demand by D E N S O International America Inc.(aty,McDaniel, Keith) |
| Filing 23 MOTION to Dismiss DENSO International America, Inc. by D E N S O International America Inc. (Attachments: #1 Memorandum / Brief)(aty,Crochet, Quincy) |
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Filing 22
ORDER granting #21 Motion to Stay. Signed by Magistrate Judge Carol B Whitehurst on 6/23/2021. (crt,Jones, P)
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| Filing 21 MOTION to Stay Litigation Pending Transfer to MDL No. 2151 by the Judicial Panel on Multidistrict Litigation by Toyota Motor Corp, Toyota Motor Engineering & Manufacturing North America Inc, Toyota Motor North America Inc, Toyota Motor Sales U S A Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/21/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(aty,Bodin, Mark) |
| Filing 20 RESPONSE TO REMOVAL ORDER by Toyota Motor Corp, Toyota Motor Engineering & Manufacturing North America Inc, Toyota Motor North America Inc, Toyota Motor Sales U S A Inc . (Attachments: #1 Exhibit State Court Record)(aty,Bodin, Mark) |
| Filing 19 NOTICE of Motion Setting without oral argument regarding: #13 MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Magistrate Judge Carol B Whitehurst. Motion day set for 8/18/2021 before Magistrate Judge Carol B Whitehurst. (crt,Chicola, C) |
| STATE COURT Service Returned Executed. Dons Automotive Group L L C answer due 6/15/2021. ADMINISTRATIVE ENTRY: SEE PDF IMAGE IN ATTACHMENT #1 TO #20 RESPONSE TO REMOVAL ORDER. (crt,Jones, P) |
| ANSWER to Complaint by Courtesy Ford Lincoln Co Inc. ADMINISTRATIVE ENTRY: SEE PDF IMAGE IN ATTACHMENT #1 OF #20 RESPONSE TO REMOVAL ORDER.(Attorney Kenneth O Privat added to party Courtesy Ford Lincoln Co Inc(pty:dft))(crt,Jones, P) |
| Filing 18 MINUTE ENTRY REFERRING MOTION: #13 MOTION to Dismiss for Lack of Jurisdiction filed by Robert Bosch L L C Motions referred to Magistrate Judge Carol B Whitehurst.(crt,Jones, P) |
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Filing 17
ORDER granting #15 Motion to Appear Pro Hac Vice for appearance of Jason Paul Hartman for Robert Bosch L L C. Signed by Magistrate Judge Carol B Whitehurst on 6/16/2021. (crt,Miletello, A)
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| Filing 16 NOTICE of Motion Setting regarding: #13 MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Judge Robert R Summerhays. (crt,Jones, P) |
| Filing 15 MOTION for Jason Paul Hartman to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4706845) by Robert Bosch L L C. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/15/2021. (Attachments: #1 Certificate of Good Standing: Supreme Court of Texas, #2 Certificate of Good Standing: State Bar of Texas, #3 Proposed order)(aty,Darwin, Caroline) Modified on 6/15/2021 to edit text (Jones, P). |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Robert Bosch L L C naming Robert Bosch North America Corp as a corporate parent and Robert Bosch GmbH, Bosch Security Systems Inc as other affiliates . (aty,Darwin, Caroline) Modified on 6/16/2021 to add other affiliates (Jones, P). |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction by Robert Bosch L L C. (Attachments: #1 Memorandum / Brief, #2 Exhibit A - Declaration of Stephen Shaieb on Behalf of Robert Bosch LLC)(aty,Darwin, Caroline) Modified on 6/16/2021 to edit text (Jones, P). |
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Filing 12
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Carol B Whitehurst on 6/11/2021. (crt,Chicola, C)
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| Filing 11 CORPORATE DISCLOSURE STATEMENT by Toyota Motor Corp. (aty,Bodin, Mark) |
| Filing 10 ANSWER to Complaint with Jury Demand by Toyota Motor Corp.(Attorney Mark N Bodin added to party Toyota Motor Corp(pty:dft))(aty,Bodin, Mark) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Toyota Motor North America Inc identifying Corporate Parent Toyota Motor Corporation for Toyota Motor North America Inc. (aty,Bodin, Mark) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Toyota Motor Engineering & Manufacturing North America Inc identifying Corporate Parent Toyota Motor North America Inc, Corporate Parent Toyota Motor Corporation for Toyota Motor Engineering & Manufacturing North America Inc. (aty,Bodin, Mark) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Toyota Motor Sales U S A Inc identifying Corporate Parent Toyota Motor North America Inc, Corporate Parent Toyota Motor Corporation for Toyota Motor Sales U S A Inc. (aty,Bodin, Mark) |
| Filing 6 ANSWER to Complaint with Jury Demand by Toyota Motor North America Inc.(aty,Bodin, Mark) |
| Filing 5 ANSWER to Complaint with Jury Demand by Toyota Motor Engineering & Manufacturing North America Inc.(aty,Bodin, Mark) |
| Filing 4 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Carol B Whitehurst. Motion Ripe Deadline set for 6/9/2021. (crt,Mitchell, P) |
| Filing 3 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Mark N Bodin on behalf of Toyota Motor Engineering & Manufacturing North America Inc, Toyota Motor North America Inc, Toyota Motor Sales U S A Inc. Corporate Disclosure Statement due by 6/23/2021. (crt,Mitchell, P) |
| CONSENT TO REMOVAL by D E N S O International America Inc. ADMINISTRATIVE ENTRY: There is no PDF image with this entry. The PDF image can be found in Attachment #4 to Document #1 , Notice of Removal. (crt,Mitchell, P) |
| CONSENT TO REMOVAL by Robert Bosch L L C. ADMINISTRATIVE ENTRY: There is no PDF image with this entry. The PDF image can be found in Attachment #5 to Document #1 , Notice of Removal. (crt,Mitchell, P) |
| CASE Assigned to Judge Robert R Summerhays and Magistrate Judge Carol B Whitehurst. (crt,Mitchell, P) |
| Filing 2 ANSWER to Complaint with Jury Demand by Toyota Motor Sales, U.S.A., Inc..(aty,Bodin, Mark) |
| Filing 1 NOTICE of Removal from 16th JDC St. Martin Parish, Case Number 90375 (Filing fee $402, receipt number ALAWDC-4699119) filed by Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales, U.S.A., Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil cover sheet)(Attorney Mark N Bodin added to party Toyota Motor Corporation(pty:dft), Attorney Mark N Bodin added to party Toyota Motor Engineering & Manufacturing North America, Inc.(pty:dft), Attorney Mark N Bodin added to party Toyota Motor North America, Inc.(pty:dft), Attorney Mark N Bodin added to party Toyota Motor Sales, U.S.A., Inc.(pty:dft))(aty,Bodin, Mark) Modified on 6/9/2021 to correct party names who filed removal.(Mitchell, P) |
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