PHILLIPPI v. YAMAHA MOTOR CORPORATION, U.S.A. et al
Plaintiff: DEBRA A. PHILLIPPI
Defendant: YAMAHA MOTOR CORPORATION, U.S.A. and YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA
Case Number: 2:2023cv00396
Filed: March 10, 2023
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: David S Cercone
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2023 Opinion or Order Filing 14 ORDER implementing Rule 502(d) at the Joint Request of the Parties. Signed by Judge David S. Cercone on 6/7/2023. (kak)
June 7, 2023 Opinion or Order Filing 13 ORDER REFERRING CASE to Mediation. Robert J. Behling, Esquire is appointed as the mediator. Mediation shall be conducted by 12/31/2023. The report of mediator shall be electronically filed within 7 days of the mediation conference. Clem C. Trischler, Esquire is designated as lead counsel. ROBERT J. BEHLING is added. Signed by Judge David S. Cercone on 6/7/2023. (kak)
June 7, 2023 Opinion or Order Filing 12 CASE MANAGEMENT ORDER: Amended Pleadings due by 7/17/2023. Joinder of Parties due by 7/17/2023. Discovery due by 11/30/2023. Plaintiff Expert Reports due by 12/15/2023. Defendant Expert Reports due by 2/15/2024. Expert Discovery to be completed by 3/29/2024. Plaintiff Pretrial Statement due by 4/30/2024. Defendant Pretrial Statement due by 5/30/2024. Pretrial Stipulation due by 6/13/2024. Summary Judgment due by 7/15/2024. Signed by Judge David S. Cercone on 6/7/2023. (kak)
June 1, 2023 Filing 11 Minute Entry for proceedings held before Judge David S. Cercone: Initial Case Management Conference held on 6/1/2023. The Clerks met with counsel to discuss appropriate measures for pretrial development of the case and to assure that all prerequisites for the ADR process have been completed. Attorney Clements designated liaison counsel for the ADR process. The parties have selected mediation to be conducted before Robert J. Behling, Esquire. Costs to be split 50/50. The ADR session must occur on or before December 31, 2023. A jury-trial CMO with fact discovery through November 30, 2023, a Rule 502(d) order and an ADR referral order will follow.(Court Reporter: none) (mwm)
April 24, 2023 Opinion or Order Filing 10 PROTECTIVE ORDER. Details more fully stated in Order. Signed by Judge David S. Cercone on 4/24/2023. (Attachments: #1 Exhibit A) (lyk)
April 21, 2023 Filing 9 STIPULATED PROTECTIVE ORDER Regarding Confidentiality of Documents and Materials by YAMAHA MOTOR CORPORATION, U.S.A., YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA. (Attachments: #1 Proposed Order) (Trischler, Clem)
April 11, 2023 Filing 8 STIPULATION selecting ADR process by YAMAHA MOTOR CORPORATION, U.S.A., YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA. (Trischler, Clem)
April 11, 2023 Filing 7 REPORT of Rule 26(f) Planning Meeting. (Trischler, Clem)
March 23, 2023 Opinion or Order Filing 6 INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Initial Case Management Conference set for June 1, 2023 at 10:00 AM by Video Conference; a member of chambers staff will send a Zoom.gov invite (by email) to counsel of record prior to the hearing. Rule 26 Meeting to be conducted on or before April 20, 2023; Rule 26 Meeting Report due by May 4, 2023. Signed by Judge David S. Cercone on 3/23/2023. (lyk)
March 16, 2023 Filing 5 ANSWER to Complaint by YAMAHA MOTOR CORPORATION, U.S.A.. (Trischler, Clem)
March 16, 2023 Filing 4 ANSWER to Complaint by YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA. (Trischler, Clem)
March 14, 2023 Filing 3 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak)
March 13, 2023 Filing 2 Disclosure Statement identifying Yamaha Motor Company, Ltd. as corporate parent or other affiliate, by YAMAHA MOTOR CORPORATION, U.S.A., YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA. (Trischler, Clem)
March 10, 2023 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 3/17/2023. (ctb)
March 9, 2023 Filing 1 NOTICE OF REMOVAL from Fayette County, case number 2022-2280 with Jury Demand Copies attached: State Pleadings, Original Complaint (Filing fee, including Administrative fee, $402, receipt number APAWDC-7579955), filed by YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA, YAMAHA MOTOR CORPORATION, U.S.A.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (ctb)

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Plaintiff: DEBRA A. PHILLIPPI
Represented By: Jeffrey D. Monzo
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Defendant: YAMAHA MOTOR CORPORATION, U.S.A.
Represented By: Clem C. Trischler
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Defendant: YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA
Represented By: Clem C. Trischler
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