BEER v. TOYOTA MOTOR CORPORATION et al
| COURTNEY BEER |
| MAINE MALL MOTORS doing business as BERLIN CITY AUTO GROUP, TOYOTA MOTOR SALES USA INC, TOYOTA MOTOR CORPORATION and TOYOTA MOTOR MANUFACTURING CANADA INC |
| 2:2024cv00197 |
| May 29, 2024 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| LANCE E WALKER |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Both |
Docket Report
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This docket was last retrieved on August 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 31 REPLY to Response to Motion re #23 MOTION to Remand to State Court filed by COURTNEY BEER. (DINETZ, JENNIFER) |
| Filing 30 **FILED IN ERROR* RESPONSE to Motion re #23 MOTION to Remand to State Court filed by COURTNEY BEER. Reply due by 8/7/2024. (DINETZ, JENNIFER) Modified on 7/24/2024 to indicate this was filed in error. The filer has correctly filed at ECF No. 31 (clp). |
| Filing 29 RESPONSE in Opposition re #23 MOTION to Remand to State Court filed by TOYOTA MOTOR SALES USA INC. Reply due by 7/25/2024. (Attachments: #1 Exhibit 1 -- Affidavit of Kelley Ruel, #2 Exhibit A to Ruel Aff. (191 Riverside), #3 Exhibit B to Ruel Aff. (227 Maine Mall Rd.), #4 Exhibit C to Ruel Aff. (BCCC Org. Chart), #5 Exhibit 2 -- Affidavit of Matthew E. Bown, Esq., #6 Exhibit A to Bown Aff. (Corp. Search Step 1), #7 Exhibit B to Bown Aff. (Corp. Search Step 2), #8 Exhibit C to Bown Aff. (Corp. Search Step 3), #9 Exhibit D to Bown Aff. (Corp. Search Step 4), #10 Exhibit E to Bown Aff. (Corp. Search Step 5), #11 Exhibit F to Bown Aff. (Corp. Search Step 6))(BOWN, MATTHEW) |
Filing 28
ORDER granting #26 Motion for Leave to File Excess Pages. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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Filing 27
ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Per Order #27, Attorneys Fountain, Dinetz, and Littkey-Rubin must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 7/16/2024. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (MFS) |
| Filing 26 MOTION for Leave to File Excess Pages in Opposition to Plaintiff's Motion for Remand by TOYOTA MOTOR SALES USA INC Responses due by 7/23/2024. (BOWN, MATTHEW) |
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Filing 25
PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Filing 24 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: FTR) (MFS) |
| Filing 23 MOTION to Remand to State Court by COURTNEY BEER Responses due by 7/11/2024. (Attachments: #1 Exhibit 1 - Affidavit of Courtney Beer, #2 Exhibit 2 - Affidavit of Donald Fountain, #3 Exhibit A - Email October 11, 2023, #4 Exhibit B - Email October 17, 2023, #5 Exhibit C- Email October 25, 2023, #6 Exhibit D - Email October 31, 2023, #7 Exhibit E - Email October 31, 2023 (2), #8 Exhibit F- November 15, 2023 Letter to Court, #9 Exhibit G -Court Order Motion to Extend, #10 Exhibit H -Email November 7, 2023, #11 Exhibit I -Email November 28, 2023, #12 Exhibit J -Email December 28, 2023, #13 Exhibit K - Email March 15, 2024, #14 Exhibit L - Email March 7, 2024, #15 Exhibit M -Email March 19, 2024, #16 Exhibit N- Email April 19, 2024, #17 Exhibit O - Email May 7, 2024, #18 Exhibit P -Email May 17, 2024, #19 Exhibit 3 - October 17, 2023 Letter, #20 Exhibit 4 - November 7, 2023 Email, #21 Exhibit 5 -November 15, 2023 Letter, #22 Exhibit 6 -Order on Motion to Extend, #23 Exhibit 7 - December 4, 2023 Letter, #24 Exhibit 8 -December 22, 2023 Letter, #25 Exhibit 9 -April 8, 2024 Email, #26 Exhibit 10 - Exhibit 15, 2023 Email, #27 Exhibit 11 - March 11, 2024 Letter, #28 Exhibit 12 - Email May 15, 2024, #29 Exhibit 13 - May 17, 2024 Letter, #30 Exhibit 14 - Carfax Report, #31 Exhibit 15 - Dealership Paperwork)(RICHARD, PETER) Modified on 6/20/2024 to remove duplicate exhibit text (clp). |
| Filing 22 NOTICE of APPROVAL by Clerk's Office re #20 Certification for Admission Pro Hac Vice,, #19 Certification for Admission Pro Hac Vice,, #21 Certification for Admission Pro Hac Vice, Attorney DONALD R. FOUNTAIN,JENNIFER DINETZ,JULIE H. LITTKEY-RUBIN for COURTNEY BEER added to this specific case only. Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Fountain, Dinetz, and Littkey-Rubin must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/27/2024. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lrt) |
| Filing 21 CERTIFICATION for Admission Pro Hac Vice of Julie H. Littky-Rubin filed by PETER J. RICHARD, JR on behalf of COURTNEY BEER (Total admission fee $ 200 receipt number AMEDC-2969177.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: #1 Exhibit Certificate of Good Standing)(RICHARD, PETER) |
| Filing 20 CERTIFICATION for Admission Pro Hac Vice of Jennifer A. Dinetz filed by PETER J. RICHARD, JR on behalf of COURTNEY BEER (Total admission fee $ 200 receipt number AMEDC-2969176.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: #1 Exhibit Certificate of Good Standing)(RICHARD, PETER) |
| Filing 19 CERTIFICATION for Admission Pro Hac Vice of Donald R. Fountain, Jr. filed by PETER J. RICHARD, JR on behalf of COURTNEY BEER (Total admission fee $ 200 receipt number AMEDC-2969158.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: #1 Exhibit Certificate of Good Standing)(RICHARD, PETER) |
| Reset Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney JENNIFER DINETZ must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/21/2024. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lcb) |
| Filing 18 NOTICE of Hearing: Telephone Conference set for 6/24/2024 at 1:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) |
| Filing 17 NOTICE of APPROVAL by Clerk's Office re #16 Certification for Admission Pro Hac Vice,, Attorney MATTHEW BOWN for MAINE MALL MOTORS,MATTHEW BOWN for TOYOTA MOTOR CORPORATION,MATTHEW BOWN for TOYOTA MOTOR MANUFACTURING CANADA INC,MATTHEW BOWN for TOYOTA MOTOR SALES USA INC added to this specific case only. Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Bown must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/20/2024. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lrt) |
| Filing 16 CERTIFICATION for Admission Pro Hac Vice of Matthew E. Bown, Esq. filed by HOLLY M. POLGLASE on behalf of All Defendants (Total admission fee $ 200 receipt number AMEDC-2966879.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (POLGLASE, HOLLY) |
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Filing 15
SCHEDULING ORDER: Discovery due by 10/31/2024. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 11/7/2024. Motions due by 11/21/2024. Ready for Trial on 2/3/2025. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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Filing 14
ORDER OF RECUSAL. JUDGE JOHN A. WOODCOCK, JR recused. Case reassigned to JUDGE LANCE E. WALKER for all further proceedings By JUDGE JOHN A. WOODCOCK, JR. (jam)
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| Filing 13 AFFIDAVIT of Holly M. Polglase, Esq. re #6 Procedural Order Re: Removal filed by TOYOTA MOTOR SALES USA INC. (Attachments: #1 Exhibit 1 -- Attested Docket Record, #2 Exhibit 2 -- Complaint, #3 Exhibit 3 -- Motion for Enlargement of Time to Serve, #4 Exhibit 4 -- Order Allowing Motion for Enlargement of Time to Serve, #5 Exhibit 5 -- Return of Service for Maine Mall Motors d/b/a Berlin City Auto Group, #6 Exhibit 6 -- Answer and Affirmative Defenses of Maine Mall Motors d/b/a Berlin City Auto Group, #7 Exhibit 7 -- Joint Motion for Entry of Stipulation as Court Order, #8 Exhibit 8 -- Consented-To Notice of Removal)(POLGLASE, HOLLY) |
| Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-2965073.), filed by TOYOTA MOTOR SALES USA INC.(POLGLASE, HOLLY) |
| Filing 12 RULE 7.1 DISCLOSURE STATEMENT FOR PLAINTIFF COURTNEY BEER INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARILYN BAER by COURTNEY BEER. (RICHARD, PETER) |
| Filing 11 ANSWER to Complaint with Jury Demand and Affirmative Defenses by TOYOTA MOTOR MANUFACTURING CANADA INC.(POLGLASE, HOLLY) |
| Filing 10 ANSWER to Complaint with Jury Demand and Affirmative Defenses by TOYOTA MOTOR SALES USA INC.(POLGLASE, HOLLY) |
| Filing 9 ANSWER to Complaint with Jury Demand and Affirmative Defenses by TOYOTA MOTOR CORPORATION.(POLGLASE, HOLLY) |
| Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Local Counsel must file a Pro Hac Vice Certificate and Attorney JENNIFER DINETZ must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/12/2024. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (cc: Mailed to Atty Jennifer Dinetz) (mlm) |
| Filing 8 RULE 7.1 DISCLOSURE STATEMENT by COURTNEY BEER. (RICHARD, PETER) |
| Filing 7 RULE 7.1 DISCLOSURE STATEMENT by TOYOTA MOTOR MANUFACTURING CANADA INC. (cjd) |
| Filing 6 PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 6/13/2024. By DEPUTY CLERK: C. Derrah. (cjd) |
| Set Answer Deadline : Answer due by 6/6/2024. (cjd) |
| Set Deadlines/Hearings : Per Civil Rule 7.1 as Amended December 1, 2022 Disclosure Statement due by 6/6/2024. (cjd) |
| Filing 5 RULE 7.1 DISCLOSURE STATEMENT by TOYOTA MOTOR SALES USA INC. (cjd) |
| Filing 4 RULE 7.1 DISCLOSURE STATEMENT by TOYOTA MOTOR CORPORATION. (cjd) |
| Filing 3 RULE 7.1 DISCLOSURE STATEMENT by MAINE MALL MOTORS. (cjd) |
| Filing 2 CIVIL COVER SHEET. (cjd) |
| Filing 1 NOTICE OF REMOVAL from CUMBERLAND COUNTY SUPERIOR COURT, case number PORSC-CV-2023-339. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by TOYOTA MOTOR CORPORATION, TOYOTA MOTOR MANUFACTURING CANADA INC, MAINE MALL MOTORS, TOYOTA MOTOR SALES USA INC. (Service of Process Deadline 8/27/2024) Fee due by 5/31/2024. (Attachments: #1 Exhibit 1 State Court Summons, #2 Exhibit 2 State Court Summary Sheet, #3 Exhibit 3 State Court Complaint, #4 Exhibit 4 Request for Production of Documents, #5 Exhibit 5 Service of Process, #6 Exhibit 6 Affidavit of Eric Johnson, #7 Exhibit A to Johnson Affidavit, #8 Exhibit B to Johnson Affidavit, #9 Exhibit C to Johnson Affidavit, #10 Exhibit D to Johnson Affidavit, #11 Exhibit E to Johnson Affidavit, #12 Exhibit F to Johnson Affidavit, #13 Exhibit G to Johnson Affidavit, #14 Exhibit H to Johnson Affidavit, #15 Exhibit I to Johnson Affidavit, #16 Exhibit J to Johnson Affidavit, #17 Exhibit K to Johnson Affidavit, #18 Exhibit L to Johnson Affidavit, #19 Exhibit M to Johnson Affidavit, #20 Exhibit N to Johnson Affidavit, #21 Exhibit O to Johnson Affidavit, #22 Exhibit P to Johnson Affidavit, #23 Exhibit Q to Johnson Affidavit, #24 Exhibit R to Johnson Affidavit, #25 Exhibit 7 Affidavit of Holly Polglase, #26 Exhibit A to Polglase Affidavit, #27 Exhibit B to Polglase Affidavit, #28 Exhibit C to Polglase Affidavit, #29 Exhibit D to Polglase Affidavit, #30 Exhibit E to Polglase Affidavit, #31 Exhibit 8 Affidavit of Kelley Ruel, #32 Exhibit 9 Affidavit of Scott Hanson)(cjd) |
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