Elizabeth Gendron et al v. Toyota Motor Corporation et al
| Elizabeth Gendron and Roger Carter |
| Toyota Motor North America Inc., Toyota Motor Engineering and Manufacturing North America, Inc., Denso Corporation, Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc. and Denso International America, Inc. |
| 1:2020cv02947 |
| July 2, 2020 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Cheryl L Pollak |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 39 NOTICE of Appearance by Kate Marietta McGuire on behalf of Elizabeth Gendron (aty to be noticed) (McGuire, Kate) |
| Filing 38 NOTICE of Appearance by Malcolm T. Brown on behalf of Elizabeth Gendron (aty to be noticed) (Brown, Malcolm) |
Filing 37
SCHEDULING ORDER: An Initial Conference is set for 9/21/2020 @ 3:15 PM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 3:15 PM. Enter Access code: 380-1746 and security code: 20-2947. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/10/2020. (Caggiano, Diana)
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ORDER granting #36 Motion for Extension of Time to Answer. Denso Corporation answer due 8/27/2020; Denso International America, Inc. answer due 8/27/2020. So Ordered by Judge William F. Kuntz, II on 7/22/2020. (Stykes, Jacqueline)
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| Filing 36 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, by Denso International America, Inc.. (Abraham, Joshua) |
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ORDER granting #35 Motion for Extension of Time to Answer. Toyota Motor Engineering and Manufacturing North America, Inc. answer due 8/27/2020; Toyota Motor North America Inc. answer due 8/27/2020; Toyota Motor Sales U.S.A., Inc. answer due 8/27/2020. So Ordered by Judge William F. Kuntz, II on 7/21/2020. (Stykes, Jacqueline)
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| Filing 35 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Class Action Complaint Until 8/27/2020 by Toyota Motor Engineering and Manufacturing North America, Inc., Toyota Motor North America Inc., Toyota Motor Sales U.S.A., Inc.. (Hooper, John) |
| Filing 34 NOTICE of Appearance by Jessica Kristen Shook on behalf of Toyota Motor Engineering and Manufacturing North America, Inc., Toyota Motor North America Inc., Toyota Motor Sales U.S.A., Inc. (aty to be noticed) (Shook, Jessica) |
| Filing 33 NOTICE of Appearance by Eric F. Gladbach on behalf of Toyota Motor Engineering and Manufacturing North America, Inc., Toyota Motor North America Inc., Toyota Motor Sales U.S.A., Inc. (aty to be noticed) (Gladbach, Eric) |
| Filing 32 NOTICE of Appearance by John Hooper on behalf of Toyota Motor Engineering and Manufacturing North America, Inc., Toyota Motor North America Inc., Toyota Motor Sales U.S.A., Inc. (aty to be noticed) (Hooper, John) |
| Filing 31 NOTICE of Appearance by Joshua Eli Abraham on behalf of Denso International America, Inc. (aty to be noticed) (Abraham, Joshua) |
| Filing 30 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 29 Case transferred in from District of California Central; Case Number 8:20-cv-00775. Original file certified copy of transfer order and docket sheet received. |
| Filing 28 Transfer Out Transmittal Letter (twdb) [Transferred from California Central on 7/2/2020.] |
| The case of Elizabeth Gendron et al v. Toyota Motor Corporation et al, has been transferred from Central District of California to the Eastern District of New York. The new case number is 20cv2947. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
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Filing 27
ORDER by Judge David O. Carter: Granting #18 Plaintiffs' Unopposed MOTION to Transfer Case. Case transferred to the Eastern District of New York. Original file, certified copy of transfer order and docket sheet electronically sent. MD JS-6. Case Terminated. (twdb) [Transferred from California Central on 7/2/2020.]
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| Filing 26 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of New York #18 (Notice of Defendants' Non-Opposition) filed by Plaintiffs Roger Carter, Elizabeth Gendron. (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 25 NOTICE of Interested Parties filed by Defendant Denso International America, Inc., identifying Denso Corporation; Denso International America, Inc.. (Hua, Raymond) [Transferred from California Central on 7/2/2020.] |
| Filing 24 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of New York #18 to Plaintiffs' Notice of Unopposed Motion and Motion to Transfer filed by Defendant Denso International America, Inc.. (Hua, Raymond) [Transferred from California Central on 7/2/2020.] |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Raymond H Hua counsel for Defendant Denso International America, Inc.. Adding Raymond H. Hua and Jacquelene A. Marcott as counsel of record for Denso International America, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Denso International America, Inc.. (Attorney Raymond H Hua added to party Denso International America, Inc.(pty:dft))(Hua, Raymond) [Transferred from California Central on 7/2/2020.] |
| Filing 22 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of New York #18 filed by Defendants Toyota Motor Engineering and Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales USA, Inc.. (Shortnacy, Michael) [Transferred from California Central on 7/2/2020.] |
| Filing 21 CERTIFICATION and NOTICE of Interested Parties filed by Defendant Toyota Motor Engineering and Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales USA, Inc., identifying Toyota Motor Corporation. (Shortnacy, Michael) [Transferred from California Central on 7/2/2020.] |
| Filing 20 STIPULATION Extending Time to Answer the complaint as to Toyota Motor Engineering and Manufacturing North America, Inc. answer now due 7/24/2020; Toyota Motor North America, Inc. answer now due 7/24/2020; Toyota Motor Sales USA, Inc. answer now due 7/24/2020, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Toyota Motor Engineering and Manufacturing North America, Inc.; Toyota Motor North America, Inc.; Toyota Motor Sales USA, Inc..(Shortnacy, Michael) [Transferred from California Central on 7/2/2020.] |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Michael Brian Shortnacy counsel for Defendants Toyota Motor Engineering and Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales USA, Inc.. Adding Michael B. Shortnacy as counsel of record for Toyota Motor North America, Inc.; Toyota Motor Sales, U.S.A., Inc.; and Toyota Motor Engineering & Manufacturing North America, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Toyota Motor North America, Inc.; Toyota Motor Sales, U.S.A., Inc.; and Toyota Motor Engineering & Manufacturing North America, Inc.. (Attorney Michael Brian Shortnacy added to party Toyota Motor Engineering and Manufacturing North America, Inc.(pty:dft), Attorney Michael Brian Shortnacy added to party Toyota Motor North America, Inc.(pty:dft), Attorney Michael Brian Shortnacy added to party Toyota Motor Sales USA, Inc.(pty:dft))(Shortnacy, Michael) [Transferred from California Central on 7/2/2020.] |
| Filing 18 NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of New York filed by Plaintiffs Roger Carter, Elizabeth Gendron. Motion set for hearing on 7/13/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of Rachele R. Byrd in Support Plaintiffs' Unopposed Motion to Transfer, #2 Exhibit A, #3 Proposed Order, #4 Certificate of Service) (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Elizabeth Gendron, Roger Carter, upon Defendant Toyota Motor Sales USA, Inc. served on 6/5/2020, answer due 6/26/2020. Service of the Summons and Complaint were executed upon Kim Hightower, Intake Specialist, CT Coporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Elizabeth Gendron, Roger Carter, upon Defendant Toyota Motor North America, Inc. served on 6/5/2020, answer due 6/26/2020. Service of the Summons and Complaint were executed upon Kim Hightower, Intake Specialist, CT Coporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Elizabeth Gendron, Roger Carter, upon Defendant Toyota Motor Engineering and Manufacturing North America, Inc. served on 6/5/2020, answer due 6/26/2020. Service of the Summons and Complaint were executed upon Kim Hightower, Intake Specialist, CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Elizabeth Gendron, Roger Carter. upon Denso International America, Inc. waiver sent by Plaintiff on 6/3/2020, answer due 8/3/2020. Waiver of Service signed by Daniel R.W. Rustmann. (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 13 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) [Transferred from California Central on 7/2/2020.] |
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Filing 12
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge David O. Carter for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-00775 DOC(KESx). (rn) [Transferred from California Central on 7/2/2020.]
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| Filing 11 NOTICE of Pendency of Other Actions or Proceedings Pursuant to [L.R. 83-1.4] filed by plaintiffs Roger Carter, Elizabeth Gendron. (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 10 NOTICE of Appearance filed by attorney Betsy C Manifold on behalf of Plaintiffs Roger Carter, Elizabeth Gendron (Attorney Betsy C Manifold added to party Roger Carter(pty:pla), Attorney Betsy C Manifold added to party Elizabeth Gendron(pty:pla))(Manifold, Betsy) [Transferred from California Central on 7/2/2020.] |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Denso Corporation, Denso International America, Inc., Toyota Motor Corporation, Toyota Motor Engineering and Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motor Sales USA, Inc.. (shb) [Transferred from California Central on 7/2/2020.] |
| Filing 8 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #7 filed by Plaintiff Roger Carter, Elizabeth Gendron. (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) [Transferred from California Central on 7/2/2020.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from California Central on 7/2/2020.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Karen E. Scott. (lh) [Transferred from California Central on 7/2/2020.] |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiffs Roger Carter, Elizabeth Gendron, (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Roger Carter, Elizabeth Gendron. (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Roger Carter, Elizabeth Gendron. (Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-26152927 - Fee: $400, filed by Plaintiff Elizabeth Gendron, Roger Carter. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Declaration of Plaintiffs Elizabeth Gendron and Roger Carter Pursuant to Cal. Civ. Code 1780(d)) (Attorney Rachele R Byrd added to party Roger Carter(pty:pla), Attorney Rachele R Byrd added to party Elizabeth Gendron(pty:pla))(Byrd, Rachele) [Transferred from California Central on 7/2/2020.] |
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