Pecarina, et al v. Tokai Corporation, et al
Plaintiff: William Pecarina, Kenneth Pecarina, Alan Pecarina and Jennifer Pecarina
Defendant: JMP Mexico, Tokai Corporation, Scripto-Tokai Corporation, Tokai De Mexico, Tokai de Mexico S.A. de S.V., Tokai de Mexico S.A., JMP Mexico, S.A. de C.V. and Wal-Mart Stores Inc
Case Number: 0:2001cv01655
Filed: September 7, 2001
Court: U.S. District Court for the District of Minnesota
Presiding Judge: Arthur J Boylan
Referring Judge: Ann D Montgomery
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 23, 2003. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 23, 2003 Filing 78 NOTICE OF INTENT TO DESTROY DOCUMENTS UNDER SEAL. 1pg (VEM)
November 27, 2002 Filing 77 CERTIFIED COPIES OF ANNUITY CONTRACT AND COPIES OF THE UNIFORM QUALIFIED ASSIGNMENT & RELEASE AND IRREVOCABLE CERTIFICATE OF GUARANTEE FROM Monumental Life Ins Co., TransAmerica Life Ins & Annuity Co., Farmers Life Ins., Re: Kenneth Pecarina and William Pecarina ) (sealed) (separate) (DFL) Modified on 02/05/2003 (jmk). QC'D on 7/2/2020 (jmk).
September 26, 2002 Opinion or Order Filing 76 STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE( Judge Ann D. Montgomery ) and without further cost to any party. (3 pgs)(cc: all counsel) (MKC)
September 5, 2002 Filing 75 ACCEPTANCE OF APPOINTMENT AND OATH BY U.S. BANK NATIONAL ASSOCIATION. (sealed)(separate) (MKC) (jmk). QC'D on 7/2/2020 (jmk).
September 5, 2002 Filing 74 ACEPTANCE OF APPOINTMENT AND OATH BY ALAN PECARINA. (sealed) (separate) (MKC) (jmk). QC'D on 7/2/2020 (jmk).
September 5, 2002 Filing 73 ACCEPTANCE OF APPOINTMENT AND OATH BY JENNIFER PECARINA (SEALED) (separate) (MKC) (jmk). QC'D on 7/2/2020 (jmk).
September 5, 2002 Filing 72 WILLIAM PECARINA TRUST AGREEMENT. (sealed)(separate) (MKC) (jmk). QC'D on 7/2/2020 (jmk).
September 5, 2002 Filing 71 KENNETH PECARINA TRUST AGREEMENT. (sealed) (separate) (MKC) (jmk). QC'D on 7/2/2020 (jmk).
August 14, 2002 Opinion or Order Filing 70 ORDER ( Chief Mag. Judge Jonathan G. Lebedoff / 8/14/02) for approval of minor settlement and distribution of the proceeds. [67-1], [67-2] (sealed) (separate)(cc c: all counsel) (MKC) (jmk). QC'D on 7/2/2020 (jmk).
August 14, 2002 Filing 69 MINUTES:( Chief Mag. Judge Jonathan G. Lebedoff / ) Conference : Minor settlement - approved minor settlement at request of Mg. Judge Boylan. (1 pg) (MKC)
August 14, 2002 Filing 68 EXHIBITS in support of plaintiffs' petition for approval and distribution of settlement by plaintiff [67-2] (sealed) (separate) (MKC) Additional attachment(s) added on 8/19/2004 (Mehl, Jackie).
August 14, 2002 Filing 67 PETITION by William Pecarina for order for approval of minor settlement and distribution of the proceeds( to Magistrate Judge Arthur J. Boylan ) (sealed) (separate) (MKC) (jmk). QC'D on 7/7/2020 (jmk).
July 15, 2002 Opinion or Order Filing 66 STIPULATION AND ORDER ( Magistrate Judge Arthur J. Boylan ) that Plaintiffs have an additional 30 days in which to reply to the counterclaim of defendants Toaki Corporation. (3 pgs)(cc: all counsel) (MKC) Additional attachment(s) added on 6/6/2005 (jlv).
July 15, 2002 NOTICE by plaintiff Alan Pecarina, plaintiff Jennifer Pecarina, counter-defendant Alan Pecarina, counter-defendant Jennifer Pecarina, counter-defendant Alan Pecarina, counter-defendant Jennifer Pecarina, counter-defendant Alan Pecarina, counter-defendant Jennifer Pecarina, counter-defendant Alan Pecarina, counter-defendant Jennifer Pecarina of association of counsel Paul Steven Hopewell (MMC)
June 20, 2002 Filing 65 ANSWER to complaint [1-1] and COUNTERCLAIM by Scripto-Tokai Corp against Alan Pecarina, Jennifer Pecarina. (20 pgs) (MKC)
June 20, 2002 Filing 64 ANSWER to complaint [1-1] and COUNTERCLAIM by JMP Mexico and Tokai De Mexico against Alan Pecarina, Jennifer Pecarina . (19 pg(s) (MKC)
June 20, 2002 Filing 63 ANSWER to complaint [1-1] and COUNTERCLAIM by Tokai Corporation against Alan Pecarina, Jennifer Pecarina. (19 pgs) (MKC)
June 20, 2002 Filing 62 ANSWER to complaint [1-1] and COUNTERCLAIM by Wal-Mart Stores Inc against Alan Pecarina, Jennifer Pecarina. (18 pgs) (MKC)
June 5, 2002 Opinion or Order Filing 61 STIPULATION AND ORDER TO AMEND PRETRIAL SCHEDULING ORDER ( Magistrate Judge Arthur J. Boylan ) ; amd complaint set for 4/1/03 ; discovery set for 3/1/03 non-dispositive motions set for 6/1/03 ; dispositive set for 8/1/03 ; ready for trial set for 10/1/03 ( 3 pgs ) (cc: to all counsel) (MKC)
May 31, 2002 NOTICE by defendant Scripto-Tokai Corp of association of counsel Paul B Kohls (MMC)
May 20, 2002 Filing 60 PETITION AND ORDER for admission pro hac vice ( Clerk Richard D. Sletten ) on behalf of defendant Scripto-Tokai Corp by Keith A Sipprelle, Mark Suzumoto (3 pgs) (MKC)
May 20, 2002 Filing 59 MEMORANDUM, OPINION, AND ORDER: ( Judge Ann D. Montgomery / 5/20/02) that: 1. Defendant's Tokai's motion to dismiss is DENIED. [7-1] 2. Defendant's motion to dismiss certain causes of action is GRANTED. Plaitniff's Consumer Products Safety Act Claim, Consumer Fraud Act Claim, False Advertising Act Claim, Uniform Deceptive Trade Practices Act claim and Fraud claim are DISMISSED. Plaintiffs are granted leave to amend their Complaint and plead fraud with the particularity required by rule 9(b).[12-1], [29-1], [30-1], 3. Plaintiff's motion in opposition to admission pro hac vice of Mark Suzumoto and Keith Sipprelle is DENIED. [27-1] 4. Plaintiff's appeal from Magistrate Judge's Order of 2/28/02 is DENIED and the order is affirmed. [50-1] (15 pgs) (cc: all counsel) (MKC)
March 27, 2002 Filing 58 AFFIDAVIT of Paul B. Kohls. regarding appeal from Magistrate Judge's Order. [50-1]( 17 pgs) (MKC)
March 27, 2002 Filing 57 RESPONSE by defendant to Plaintiff's APPEAL from Magistrate Judge's Order filed 2/28/02 [50-1] ( 10 pgs) (MKC)
March 25, 2002 Opinion or Order Filing 56 STIPULATION AND ORDER TO AMEND SCHEDULING ORDER ( Magistrate Judge Arthur J. Boylan ) ; amd complaint set for 5/1/02 (3 pgs)(cc: all counsel) (MKC)
March 25, 2002 NOTICE by plaintiff William Pecarina, plaintiff Kenneth Pecarina, plaintiff Alan Pecarina, plaintiff Jennifer Pecarina of association of counsel Thomas K Loughlin (MMC)
March 18, 2002 Filing 55 FURTHER AFFIDAVIT of Keith A. Sipprelle (identical to the affidavit filed on 3/14/02 but it contains an original signature page) 4pg(s) (JMH)
March 15, 2002 Filing 50 NOTICE OF APPEAL from Magistrate Judge's Order( to Judge Ann D. Montgomery ) by plaintiff concerning order of Magistrate Judge Boylan filed and served 2/28/02 [47-1] (2 pgs) (MKC)
March 14, 2002 Filing 49 AFFIDAVIT of Keith A. Sipperelle regarding motion in opposition to admission pro hac vice of Mark Suzumoto and Keith Sipprelle. [27-1] ( 4 pgs) (MKC) Modified on 03/18/2002
March 14, 2002 Filing 48 RESPONSE by defendant to plalintiff's further brief in opposition to defendants' motion for admission pro hac vice of Mark Suzumoto and Keith Sipprelle . [27-1]( 5 pgs) (MKC)
March 13, 2002 Filing 54 EXHIBITS by plaintiff in support of plaintiffs' memorandum of law in support of appeal from Protective order filed 2/28/02. [52-1] ( 16 pgs) (MKC) Modified on 03/18/2002
March 13, 2002 Filing 53 AFFIDAVIT of Thomas K. Loughlin regarding appeal from Magistrate Judge's Order. [50-1] (2 pgs) (MKC) Modified on 03/18/2002
March 13, 2002 Filing 52 EXHIBIT B to Plaintiffs' memorandum of law in support of appeal by plaintiff [51-1](sealed)(separate) (MKC) Modified on 03/18/2002
March 13, 2002 Filing 51 MEMORANDUM by plaintiff in support of appeal from Magistrate Judge's Order filed and served 2/28/02 . [50-1] (sealed) (separate) (MKC) Modified on 03/18/2002
February 28, 2002 Opinion or Order Filing 47 ORDER REGARDING CONFIDENTIALITY OF DOCMENTS/PROTECTIVE ORDER ( Magistrate Judge Arthur J. Boylan ) (6 pgs) (cc: all counsel) (MKC)
February 22, 2002 Filing 46 REPLY by plaintiff in support of motion in opposition to admission pro hac vice of Mark Suzumoto and Keith Sipprelle [27-1] (6 pgs) (MKC)
February 20, 2002 Filing 45 PRETRIAL SCHEDULING ORDER ( Magistrate Judge Arthur J. Boylan / 2/19/02) ; amd complaint set for 4/1/02 ; discovery set for 1/1/03 ; non-dispositive motions set for 4/1/03 ; dispositive motions set for 6/1/03 ; ready for jury trial set 8/1/03. (3 pgs) (cc: counsel) (MKC)
February 19, 2002 Filing 44 AFFIDAVIT of Keith A. Sipprelle. (4 pgs) (MKC)
February 19, 2002 Filing 43 AFFIDAVIT of Mark Suzumoto . (5 pgs) (MKC)
February 19, 2002 Filing 42 BRIEF FILED by defendants in support of motions for admissions pro hac vice of Mark K. Suzmoto, Esq. and Keith A. Sipprelle, Esq. (MKC)
February 19, 2002 Filing 41 MINUTES:( Magistrate Judge Arthur J. Boylan / ) re: PRETRIAL CONFERENCE . 2. Taking under advisement on the motion for protective order. [26-1] (1 pg) (MKC)
February 12, 2002 Filing 40 AFFIDAVIT of Thomas K. Loughlin regarding motion for protective order [26-1] 5+pg(s) (SEPARATE) (PAK) Modified on 02/19/2002
February 12, 2002 Filing 39 AFFIDAVIT of William H. Manning regarding motion for protective order [26-1] 4+pg(s) (PAK)
February 12, 2002 Filing 38 AFFIDAVIT of John Adler regarding motion for protective order[26-1] 2+pg(s) (PAK)
February 12, 2002 Filing 37 PLTFS' MEMORANDUM OF LAW IN RESPONSE to dfts' motion for protective order [26-1] 29pg(s) (PAK)
February 5, 2002 Filing 36 AFFIDAVIT of Fred O. Ashley regarding motion for protective order [26-1] (3 pgs) (MKC)
February 5, 2002 Filing 35 AFFIDAVIT of Gary J. Gordon regarding motion for protective order. [26-1] (7 pgs) (MKC)
February 5, 2002 Filing 34 MEMORANDUM by defendants in support of motion for protective order. [26-1] (6 pgs) (MKC)
January 31, 2002 Filing 33 AMENDED NOTICE OF MOTION by dfts for protective order( to Magistrate Judge Arthur J. Boylan ) [26-1] at 1:30 on 2/19/02 2pg(s) (PAK)
January 30, 2002 Filing 32 NOTICE OF ( Magistrate Judge Arthur J. Boylan / 1/29/02) Pretrial conference set for 3:00 pm on 2/13/02. 2 pg(s) (cc: all counsel) (VEM)
January 28, 2002 Filing 31 MINUTES:( Judge Ann D. Montgomery / Dawn Hanson, ) hearing re: Tokai's motion to dismiss [7-1], Scripto's motion to dismiss certain causes of action . [12-1] Motions heard and taken under advisement. (1 pg) (MKC)
January 25, 2002 Filing 30 TOAKAI DE MEXICO, S.A. DE C.V.'S PARTIAL MOTION to dismiss ( to Judge Ann D. Montgomery ) ret 1/28/02 (2 pgs) (MKC)
January 25, 2002 Filing 29 PARTIAL MOTION by JMP Mexico, S.A. de C.V's to dismiss ( to Judge Ann D. Montgomery ) (2 pgs) (MKC)
January 25, 2002 Filing 28 AFFIDAVIT of Thomas K. Loughlin regarding motion in opposition to admission pro hac vice of Mark Suzumoto and Keith Sipprelle . [27-1] (separate) (MKC)
January 25, 2002 Filing 27 MOTION by plaintiff in opposition o admission pro hac vice of Mark Suzumoto and Keith Sipprelle ( to Judge Ann D. Montgomery ) (16 pgs) (MKC)
January 24, 2002 Filing 26 MOTION by defendants for protective order( to Magistrate Judge Arthur J. Boylan ) ret 2/13/02 at 3:00 (3 pgs) (MKC)
January 10, 2002 Filing 25 REPORT OF RULE 26(f) MEETING . (7 pgs) (MKC)
December 17, 2001 Filing 24 NOTICE by Scripto-Tokai Corp, Wal-Mart Stores Inc of hearing for motion to dismiss certain causes of action ( to Judge Ann D. Montgomery ) [12-1] at 2:00 on 1/28/02 (1 pg) (MKC)
December 17, 2001 Filing 23 AFFIDAVIT of Paul B. Kohls . (27 pgs) (MKC)
December 17, 2001 Filing 22 REPLY by Tokai Corporation in support of its motion to dismiss . [7-1] (6 pgs) (MKC)
December 17, 2001 Filing 21 AFFIDAVIT of John Adler . (3 pgs) (MKC)
December 17, 2001 Filing 20 AFFIDAVIT of William H. Manning. (4 pgs) (MKC)
December 17, 2001 Filing 19 AFFIDAVIT of Jennifer Pecarina . (3 pgs) (MKC)
December 17, 2001 Filing 18 AFFIDAVIT of William F. Kitzes . (6 pgs) (MKC)
December 17, 2001 Filing 17 EXHIBITS in support of plaintiff's opposition to both defendants' motions (separate) (MKC)
December 17, 2001 Filing 16 MEMORANDUM by plaintiff in response to Defts Scripto-Tokai Corp's and Wal-Mart's motion to dismiss certain causes of action . [12-1] (41 pgs) (MKC)
December 17, 2001 Filing 15 MEMORANDUM by plaintiff in response to Tokai Corp's motion to dismiss for lack of personal jurisdiction. [7-1] (26 pgs) (MKC)
December 17, 2001 Filing 14 AFFIDAVIT of John J. Wackman regarding motion to dismiss certain causes of action . [12-1] (17 pgs) (MKC)
December 17, 2001 Filing 13 REPLY MEMORANDUM by Scripto-Tokai Corp, Wal-Mart Stores Inc in support of motion to dismiss certain causes of action [12-1] ( 13 pgs) (MKC)
December 17, 2001 Filing 11 DECLARATION of Mikio Kawahara in support of motion to dismiss [7-1] ( 2 pgs) (MKC)
December 17, 2001 Filing 10 DECLARATION of Tomoyuki Kurata in support of motion to dismiss [7-1] ( 2 pgs) (MKC)
December 17, 2001 Filing 9 AFFIDAVIT of Fred O. Ashley regarding motion to dismiss . [7-1] ( 2 pgs) (MKC)
December 17, 2001 Filing 8 MEMORANDUM by Tokai Corporation in support of motion to dismiss [7-1] (9 pgs) (MKC)
November 13, 2001 Filing 7 MOTION by defendant Tokai Corporation to dismiss ( to Judge Ann D. Montgomery ) (3 pgs) (MKC)
November 13, 2001 Filing 6 LETTER RE: SVC OF DISPOSITIVE MOTION PAPERS by defendant Tokai Corporation to dismiss SVC.LTR. ( to Judge Ann D. Montgomery ) (2 pgs) (MKC)
November 5, 2001 Filing 12 MOTION by Scripto-Tokai Corp to dismiss certain causes of action ( to Judge Ann D. Montgomery ) (15 pgs) (MKC)
November 5, 2001 Filing 5 LETTER RE: SVC OF DISPOSITIVE MOTION PAPERS by Scripto-Tokai Corp, Wal-Mart Stores Inc to dismiss SVC.LTR. ( to Judge Ann D. Montgomery ) (1 pg) (MKC)
October 11, 2001 Opinion or Order Filing 4 STIPULATION AND ORDER EXTENDING TIME IN WHICH TO INTERPOSE AN ANSWER OR MOTION PURSUANT TO RULE 12. ( Magistrate Judge Arthur J. Boylan ) that the defendants Scripto-Tokai Corp and Wall-Mart Stores may have an extension of time until 11/5/01 in which interpose an answer or motion pursuant to Rule 12.( 3 pgs)(cc: all counsel) (MKC)
October 10, 2001 Filing 3 SUMMONS - RETURN OF SERVICE executed upon defendant Scripto-Tokai Corp, defendant Wal-Mart Stores Inc on 9/14/01 (3 pgs) (MKC)
October 9, 2001 Filing 2 MOTION by Scripto-Tokai Corp, Wal-Mart Stores Inc to extend time to interpose an answer or motion pursuant to Rule 12( to Magistrate Judge Arthur J. Boylan ) (1 pg) (MKC)
September 7, 2001 Filing 1 COMPLAINT AND DEMAND FOR JURY TRIAL - Summons issued. Assigned to Judge Ann D. Montgomery per master list and referred to Magistrate Judge Arthur J. Boylan. Receipt # 242312 for $150.00 (37 pgs) (MKC)

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Search for this case: Pecarina, et al v. Tokai Corporation, et al
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Defendant: JMP Mexico
Represented By: Gary J Gordon
Represented By: John J Wackman
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Defendant: Tokai Corporation
Represented By: Brian A Wood
Represented By: Gary J Gordon
Represented By: John J Wackman
Represented By: Paul B Kohls
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Defendant: Scripto-Tokai Corporation
Represented By: Gary J Gordon
Represented By: John J Wackman
Represented By: Keith A Sipprelle
Represented By: Mark Suzumoto
Represented By: Paul B Kohls
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Defendant: Tokai De Mexico
Represented By: Gary J Gordon
Represented By: John J Wackman
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Defendant: Tokai de Mexico S.A. de S.V.
Represented By: Gary J Gordon
Represented By: John J Wackman
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Defendant: Tokai de Mexico S.A.
Represented By: Gary J Gordon
Represented By: John J Wackman
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Defendant: JMP Mexico, S.A. de C.V.
Represented By: Gary J Gordon
Represented By: John J Wackman
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Defendant: Wal-Mart Stores Inc
Represented By: Gary J Gordon
Represented By: John J Wackman
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Plaintiff: William Pecarina
Represented By: Marilyn J Conklin
Represented By: Thomas K Loughlin
Represented By: Vincent J Moccio
Represented By: William H Manning
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Plaintiff: Kenneth Pecarina
Represented By: Marilyn J Conklin
Represented By: Thomas K Loughlin
Represented By: Vincent J Moccio
Represented By: William H Manning
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Plaintiff: Alan Pecarina
Represented By: Marilyn J Conklin
Represented By: Paul S Hopewell
Represented By: Thomas K Loughlin
Represented By: Vincent J Moccio
Represented By: William H Manning
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Plaintiff: Jennifer Pecarina
Represented By: Marilyn J Conklin
Represented By: Paul S Hopewell
Represented By: Thomas K Loughlin
Represented By: Vincent J Moccio
Represented By: William H Manning
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