Van Camp et al v. Yamaha Motor Co., Ltd. et al
| John Van Camp and Julie Van Camp |
| RideNow, LLC, Yamaha Motor Co., Ltd., Yamaha Motor Corporation USA, Inc., Yamaha Motor Manufacturing Corporation of America and RideNow Powersports |
| 2:2021cv01945 |
| October 21, 2021 |
| US District Court for the District of Nevada |
| Cam Ferenbach |
| James C Mahan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
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Filing 44
ORDER.IT IS ORDERED, ADJUDGED, and DECREED that plaintiffs' motion to dismiss (ECF No. #37 ) be, and the same hereby is, GRANTED. Plaintiffs' claims are dismissed without prejudice. IT IS FURTHER ORDERED that defendants' motions to dismiss (ECF Nos. #13 ; #33 ) be, and the same hereby are, DENIED as moot.IT IS FURTHER ORDERED that defendant RideNow's motion for judgment on the pleadings (ECF No. #18 ) be, and the same hereby is, DENIED as moot. The clerk is instructed to close this case accordingly. Signed by Judge James C. Mahan on 6/27/2022.; Case terminated. (Copies have been distributed pursuant to the NEF - KF) (Main Document 44 replaced with correct image on 6/29/2022) (KF). Regenerated NEF.
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Filing 43
ORDER Granting #42 Stipulation to Stay Discovery and All Pretrial Deadlines Pending Resolution of Motions. Signed by Magistrate Judge Cam Ferenbach on 5/5/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 42 STIPULATION to Stay Discovery and All Pretrial Deadlines Pending Resolution of Motions by Plaintiffs John Van Camp, Julie Van Camp. (Bonifatto, April) |
| Filing 41 REPLY to Response to #37 Motion to Dismiss, by Plaintiffs John Van Camp, Julie Van Camp. (Bonifatto, April) |
| Filing 40 RESPONSE to #37 Motion to Dismiss, by Defendants Yamaha Motor Co., Ltd., Yamaha Motor Corporation USA, Inc., Yamaha Motor Manufacturing Corporation of America. Replies due by 3/15/2022. (Attachments: #1 Exhibit A) (Cereghini, Paul) |
| Filing 39 REPLY to #33 Motion to Dismiss by Defendants Yamaha Motor Corporation USA, Inc., Yamaha Motor Manufacturing Corporation of America. (Cereghini, Paul) |
| Filing 38 NOTICE of Docket Correction to #37 Motion to Dismiss filed by attorney April Bonifatto. The Court has corrected and changed the event from Motion Miscellaneous to Motion Dismiss. No further action is required at this time. Do not refile document. (no image attached) (SLD) |
| Filing 37 COUNTERMOTION for Dismissal Without Prejudice Pursuant to Fed.R.Civ.P. 41(a)(2), by Plaintiffs John Van Camp, Julie Van Camp. Responses due by 3/8/2022. (Attachments: #1 Declaration of April N. Bonifatto, #2 Exhibit 1 - Complaint for Damages (Superior Court of California), #3 Exhibit 2 - Defendants' Initial Disclosures (Relevant Portions), #4 Exhibit 3 - Plaintiffs' Initial Disclosures (Relevant Portions)) (Bonifatto, April) Modified event on 2/22/2022 (SLD). |
| Filing 36 RESPONSE to #33 Motion to Dismiss by Plaintiffs John Van Camp, Julie Van Camp. Replies due by 3/1/2022. (Attachments: #1 Declaration of April N. Bonifatto, #2 Exhibit 1 - Copy of Yamaha's Website, #3 Exhibit 2 - Complaint for Damages (Superior Court of California)) (Bonifatto, April) |
| Filing 35 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #33 , #34 was not filed pursuant to LR IC 5-1(b) by attorneys Paul G. Cereghini and Charles M. Seby. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do not refile document. (no image attached) (SLD) |
| Filing 34 ERRATA to #33 Motion to Dismiss by Defendants Yamaha Motor Corporation USA, Inc., Yamaha Motor Manufacturing Corporation of America. (Seby, Charles) |
| Filing 33 MOTION to Dismiss by Defendants Yamaha Motor Co., Ltd., Yamaha Motor Corporation USA, Inc., Yamaha Motor Manufacturing Corporation of America. Responses due by 2/22/2022. (Attachments: #1 Exhibit 1-8) (Seby, Charles) |
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Filing 32
ORDER Granting #29 Stipulation of Dismissal with Prejudice of Defendant RideNow, LLC. Each party is to bear their own fees and costs. Signed by Judge James C. Mahan on 1/28/2022.(Copies have been distributed pursuant to the NEF - KF)
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| Filing 31 NOTICE of Corrected Image/Document re #29 Stipulation of Dismissal by Plaintiffs John Van Camp, Julie Van Camp. (Service of corrected image is attached.) (Bonifatto, April) |
| Filing 30 CLERK'S NOTICE. Attorney Action Required to ECF No. #29 . Document missing Judge's signature block pursuant to LR IA 6-2: A stipulation or ex parte or unopposed motion must include an "order" in the form of a signature block on which the court or clerk can endorse approval of the relief sought. This signature block must not begin on a separate page.Attorney April Bonifatto is advised to file the corrected image using the event Notice of Corrected Image/Document and link to #29 . (no image attached) (SLD) |
| Filing 29 VIEW Corrected Image #31 re: STIPULATION of Dismissal Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) of Defendant Ridenow, LLC a/k/a Ridenow Powersports by Plaintiffs John Van Camp, Julie Van Camp. (Bonifatto, April) Modified on 1/26/2022 (SLD). |
| Filing 28 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (SLD) |
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Filing 27
SCHEDULING ORDER Granting #25 Discovery Plan and Scheduling Order. Discovery due by 9/30/2022. Motions due by 10/31/2022. Proposed Joint Pretrial Order due by 11/30/2022. Signed by Magistrate Judge Cam Ferenbach on 1/20/2022. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 26 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on January 18, 2022.Presently before the court is plaintiffs' stipulation of dismissal as to defendant RideNow, LLC, filed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 24). Attached to the stipulation is a proposed order. (Id. at 3). Dismissals under Rule 41(a)(1)(A)(ii), however, do not require a court order. Pursuant to that rule, a plaintiff may dismiss an action "without a court order by filinga stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Accordingly, the court DENIES the parties' stipulation of dismissal (EFC No. 24) without prejudice. (no image attached) (Copies have been distributed pursuant to the NEF - DXS) |
| Filing 25 Stipulated Discovery Plan and Scheduling Order by Plaintiffs John Van Camp, Julie Van Camp. (Bonifatto, April) |
| Filing 24 STIPULATION of Dismissal Pursuant to Fed.R.Civ.P. 41(a) and Order of Dismissal of Defendant RideNow, LLC aka Ridenow Powersports by Plaintiffs John Van Camp, Julie Van Camp. (Bonifatto, April) |
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Filing 23
ORDER. It is Ordered that the parties must file a Purposed Discovery Plan and Scheduling Order on or before 1/18/2022. Signed by Magistrate Judge Cam Ferenbach on 1/4/2022. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 22 REPLY to Response to #13 Motion to Dismiss, by Defendant Yamaha Motor Co., Ltd.. (Cereghini, Paul) |
| Filing 21 REPLY to Response to #18 Motion for Judgment by Defendant RideNow, LLC. (Mastrangelo, Rebecca) |
| Filing 20 RESPONSE to #18 Motion for Judgment by Plaintiffs John Van Camp, Julie Van Camp. Replies due by 12/28/2021. (Attachments: #1 Exhibit 1 - RideNow Homepage Webpage including location map and copyright, #2 Exhibit 2 - RideNow "About Us" webpage, #3 Exhibit 3 - RideNow "Our Locations" webpage, #4 Exhibit 4 - RideNow product profile page, #5 Exhibit 5 - Home page "Search Inventory", #6 Exhibit 6 - RideNow "Join Our Team" tab, #7 Exhibit 7 - Nevada Secretary of State public business filing for RideNow, #8 Exhibit 8 - Clark County Clerk's Office public record search system for RideNow Boulder, #9 Exhibit 9 - Clark County Clerk's Office public record search system for fictitious firm names for RideNow on Rancho 1, #10 Exhibit 10 - Arizona Secretary of State, via Arizona Corporation Commission website public business filing for C&W Motors, Inc., #11 Exhibit 11 - Arizona Secretary of State website public trade name filing by C&W Motors, Inc.) (Bonifatto, April) |
| Filing 19 RESPONSE to #13 Motion to Dismiss, by Plaintiffs John Van Camp, Julie Van Camp. Replies due by 12/24/2021. (Attachments: #1 Exhibit 1 - YMUS Registered Agent, #2 Exhibit 2 - Duncan Law Cover Letter, #3 Exhibit 3 - Declaration of Takanori Suzuki) (Bonifatto, April) |
| Filing 18 MOTION for Judgment on the Pleadings by Defendant RideNow, LLC. Responses due by 12/23/2021. (Mastrangelo, Rebecca) |
| Filing 17 CERTIFICATE of Interested Parties by RideNow, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent Rumble On, Inc. for RideNow, LLC added. (Mastrangelo, Rebecca) |
| Filing 16 AMENDED ANSWER to #1 Complaint,, with Jury Demand filed by RideNow, LLC.(Mastrangelo, Rebecca) |
| Filing 15 ANSWER to #1 Complaint,, with Jury Demand filed by RideNow, LLC.(Mastrangelo, Rebecca) |
| Filing 14 CERTIFICATE of Interested Parties by Yamaha Motor Co., Ltd.. There are no known interested parties other than those participating in the case (Cereghini, Paul) |
| Filing 13 MOTION to Dismiss by Defendant Yamaha Motor Co., Ltd.. Responses due by 12/17/2021. Discovery Plan/Scheduling Order due by 1/17/2022. (Cereghini, Paul) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 12 SUMMONS Returned Executed by Julie Van Camp, John Van Camp re #5 Summons Issued. Yamaha Motor Co., Ltd. served on 11/12/2021. (Bonifatto, April) |
| Filing 11 CERTIFICATE of Interested Parties by Yamaha Motor Manufacturing Corporation of America. There are no known interested parties other than those participating in the case (Cereghini, Paul) |
| Filing 10 ANSWER to #1 Complaint,, with Jury Demand filed by Yamaha Motor Manufacturing Corporation of America.(Cereghini, Paul) |
| Filing 9 ERROR: Document terminated - entered in error. No further action required by counsel. NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Paul C. Cereghini and Charles M. Seby to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 12/2/2021. (no image attached) (SLD) Modified on 11/18/2021 (SLD). |
| Filing 8 CERTIFICATE of Interested Parties by Yamaha Motor Corporation USA, Inc. Yamaha Motor Manufacturing Corporation of America. There are no known interested parties other than those participating in the case (Cereghini, Paul) Modified on 11/18/2021 (SLD). |
| Filing 7 ANSWER to #1 Complaint, with Jury Demand filed by Yamaha Motor Corporation USA, Inc. Yamaha Motor Manufacturing Corporation of America. Discovery Plan/Scheduling Order due by 1/1/2022.(Cereghini, Paul) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Modified on 11/18/2021 (SLD). |
| Filing 6 SUMMONS Returned Executed by Julie Van Camp, John Van Camp. RideNow, LLC served on 10/26/2021; Yamaha Motor Corporation USA, Inc. served on 10/27/2021; Yamaha Motor Manufacturing Corporation of America served on 10/28/2021. (Attachments: #1 Summons Summons Returned Executed - YMMC, #2 Summons Summons Returned Executed - YMUS) (Bonifatto, April) |
| Filing 5 SUMMONS ISSUED as to Yamaha Motor Co., Ltd. re #1 Complaint. (MR) |
| Filing 4 PROPOSED SUMMONS to be issued Yamaha Motor Co., Ltd. by Plaintiffs John Van Camp, Julie Van Camp. (Bonifatto, April) |
| Filing 3 CERTIFICATE of Interested Parties by John Van Camp, Julie Van Camp. There are no known interested parties other than those participating in the case (Bonifatto, April) |
| Filing 2 SUMMONS ISSUED as to RideNow, LLC, Yamaha Motor Corporation USA, Inc., Yamaha Motor Manufacturing Corporation of America re #1 Complaint. (MR) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6673882) by Julie Van Camp, John Van Camp. Proof of service due by 1/19/2022. (Attachments: #1 Civil Cover Sheet, #2 Summons Summons (RideNow), #3 Summons Summons (YMMC), #4 Summons Summons (YMUS)) (Bonifatto, April) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Cam Ferenbach. (MR) |
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