| Court: | moed |
| Docket #: | 2:16-cv-00024 |
| Case Name: | Smith et al v. Toyota Motor Corporation et al |
| PACER case #: | 146144 |
| Date filed: | 2016-04-28 |
| Assigned to: | District Judge E. Richard Webber |
| Case Cause: | 28:1332 Diversity-Motor Vehicle Product Liability |
| Nature of Suit: | 355 Motor Vehicle Prod. Liability |
| Jury Demand: | Both |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Kristin M. Smith Plaintiff |
Clyde Talbot Turner Douglas P. Dowd Lia O. Dowd |
| Lloyd Smith Plaintiff |
Clyde Talbot Turner Douglas P. Dowd Lia O. Dowd |
| Toyota Motor Corporation Defendant |
Stephen M. Strum Craig Douglas Dupen David Philip Stone Kurt Christopher Kern |
| Toyota Motor Sales U.S.A., Inc. Defendant |
Stephen M. Strum Craig Douglas Dupen David Philip Stone Kurt Christopher Kern |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-04-28 | 1 | 0 | COMPLAINT against defendant Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc. with receipt number 0865-5380082, in the amount of $400 Jury Demand,, filed by Kristin M. Smith, Lloyd Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Waiver of Service Toyota Motor Corp, # 4 Waiver of Service Toyota Motor Sales U.S.A., Inc.)(Dowd, Douglas) (Entered: 04/28/2016) | |||
| 2016-05-02 | 2 | 0 | MOTION for Leave to Appear Pro Hac Vice C. Tab Turner. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5384486) by Plaintiff Kristin M. Smith and Lloyd Smith. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing USDC)(Turner, Clyde) Modified on 5/3/2016 (MCB). (Entered: 05/02/2016) | |||
| 2016-05-02 | 3 | 0 | NOTICE by Plaintiffs Kristin M. Smith, Lloyd Smith (Dowd, Douglas) Document deleted 5/2/2016 - Attorney notified form must be submitted in paper format. (CBL). (Entered: 05/02/2016) | |||
| 2016-05-02 | 4 | 0 | ORDER. This matter is before the Court on a verified motion for admission pro hac vice filed by Plaintiffs' attorney Clyde T. Turner [Doc. 2 ]. Movant practices law in Arkansas, and his motion contains the information required by Local Rule 12. IT IS HEREBY ORDERED that the motion for admission pro hac vice [Doc. 2 ] is GRANTED. Signed by Magistrate Judge Patricia L. Cohen on 5/2/2016. (CBL) (Entered: 05/02/2016) | |||
| 2016-06-17 | 5 | 0 | ANSWER to 1 Complaint, by Toyota Motor Corporation.(Strum, Stephen) (Entered: 06/17/2016) | |||
| 2016-06-17 | 6 | 0 | ANSWER to 1 Complaint, by Toyota Motor Sales U.S.A., Inc..(Strum, Stephen) (Entered: 06/17/2016) | |||
| 2016-06-27 | 7 | 0 | MOTION for Leave to Appear Pro Hac Vice Craig D. Dupen. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5465116) by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc.. (Attachments: # 1 Certificate of Good Standing)(Dupen, Craig) (Entered: 06/27/2016) | |||
| 2016-06-27 | 8 | 0 | MOTION for Leave to Appear Pro Hac Vice David P. Stone. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5465158) by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc.. (Attachments: # 1 Certificate of Good Standing)(Stone, David) (Entered: 06/27/2016) | |||
| 2016-06-27 | 9 | 0 | ORDER - IT IS HEREBY ORDERED that the motions for admission pro hac vice [Docs. 7 and 8] are GRANTED. Signed by Magistrate Judge Patricia L. Cohen on June 27, 2016. (MCB) (Entered: 06/27/2016) | |||
| 2016-06-28 | 10 | 0 | MOTION for Leave to Appear Pro Hac Vice Kurt C. Kern. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5466479) by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc.. (Attachments: # 1 Certificate of Good Standing)(Kern, Kurt) (Entered: 06/28/2016) | |||
| 2016-06-28 | 11 | 0 | ORDER - IT IS HEREBY ORDERED that the motions for admission pro hac vice [Doc. 10] is GRANTED. Signed by Magistrate Judge Patricia L. Cohen on June 28, 2016. (MCB) (Entered: 06/28/2016) | |||
| 2016-06-28 | 12 | 0 | ORDER SETTING RULE 16 CONFERENCE. This case is assigned to Track: 2. Joint Scheduling Plan due by 7/19/2016. Rule 16 Conference set for 7/26/2016 at 2:00 PM in Courtroom 9N before Magistrate Judge Patricia L. Cohen. Magistrate Consent due by 7/8/2016. Signed by Magistrate Judge Patricia L. Cohen on 6/28/16. (EAB) (Entered: 06/28/2016) | |||
| 2016-07-06 | 13 | 0 | CJRA ORDER (GJL). Pursuant to Local Rule 2.08, a request has been received for random reassignment of this case to a District Judge. IT IS HEREBY ORDERED that the above styled cause is randomly reassigned from Magistrate Judge Patricia L. Cohen to District Judge Carol E. Jackson for all further proceedings. (CBL) (Entered: 07/06/2016) | |||
| 2016-07-06 | 14 | 0 | ORDER RESETTING RULE 16 CONFERENCE: IT IS HEREBY ORDERED that the order setting this case for a Rule 16 conference [Doc. # 12 ] is vacated. (SEE ORDER FOR DETAILS). Joint Scheduling Plan due by 7/21/2016. Rule 16 Conference set for 7/28/2016 01:30 PM in Chambers before District Judge Carol E. Jackson. Signed by District Judge Carol E. Jackson on 7/6/2016. (CLO) Modified location of R16 to Chambers on 7/6/2016 (KKS). (Entered: 07/06/2016) | |||
| 2016-07-08 | 15 | 0 | MOTION to Strike 5 Answer to Complaint by Plaintiffs Kristin M. Smith, Lloyd Smith. (Attachments: # 1 Attachment)(Dowd, Douglas) (Entered: 07/08/2016) | |||
| 2016-07-08 | 16 | 0 | MOTION to Strike 6 Answer to Complaint by Plaintiffs Kristin M. Smith, Lloyd Smith. (Attachments: # 1 Attachment)(Dowd, Douglas) (Entered: 07/08/2016) | |||
| 2016-07-11 | 17 | 0 | ENTRY of Appearance by Lia O. Dowd for Plaintiffs Kristin M. Smith, Lloyd Smith. (Dowd, Lia) (Entered: 07/11/2016) | |||
| 2016-07-12 | 18 | 0 | MOTION to Continue Rule 16 Scheduling Conference by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc.. (Dupen, Craig) (Entered: 07/12/2016) | |||
| 2016-07-13 | 19 | 0 | ORDER RESETTING RULE 16 CONFERENCE: IT IS HEREBY ORDERED that defendants unopposed motion to continue the Rule 16 conference [Doc. # 18 ] is granted. IT IS FURTHER ORDERED that the Scheduling Conference pursuant to Fed.R. Civ. P. 16 is set Thursday, August 11, 2016, at 11:00 a.m. ( Rule 16 Conference set for 8/11/2016 11:00 AM in Chambers before District Judge Carol E. Jackson.) Signed by District Judge Carol E. Jackson on 7/13/16. (JAB) (Entered: 07/13/2016) | |||
| 2016-07-14 | 20 | 0 | RESPONSE to Motion re 16 MOTION to Strike 6 Answer to Complaint , 15 MOTION to Strike 5 Answer to Complaint filed by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc.. (Dupen, Craig) (Entered: 07/14/2016) | |||
| 2016-07-21 | 21 | 0 | JOINT SCHEDULING PLAN by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc.. . (Stone, David) (Entered: 07/21/2016) | |||
| 2016-08-09 | 22 | 0 | ORDER: IT IS HEREBY ORDERED that plaintiffs' motions to strike affirmative defenses or for a more definite statement [Docs. ## 15 , 16 ] are denied. Signed by District Judge Carol E. Jackson on 8/9/2016. (CLO) (Entered: 08/09/2016) | |||
| 2016-08-11 | 23 | 0 | Minute Entry for Rule 16 Conference proceedings held before District Judge Carol E. Jackson on 8/11/2016. Conference held in person. CMO to issue. (Notice only, no.pdf attached.). (FTR Gold: No) (KKS) (Entered: 08/11/2016) | |||
| 2016-08-12 | 24 | 0 | CASE MANAGEMENT ORDER: IT IS HEREBY ORDERED that the following schedule shall apply in this case. (SEE ORDER FOR DETAILS) This case is assigned to Track: 2. Motion to Join Parties due by 12/16/2016. Discovery Completion due by 5/19/2017. Dispositive Motions due by 6/9/2017. Jury Trial set for 10/2/2017 09:00 AM in Courtroom 14N before District Judge Carol E. Jackson. Signed by District Judge Carol E. Jackson on 8/12/16. (JAB) (Entered: 08/12/2016) | |||
| 2016-08-11 | 25 | 0 | ORDER: IT IS HEREBY ORDERED that the following shall apply with respect to the use of exhibits during the trial: (SEE ORDER FOR DETAILS). Signed by District Judge Carol E. Jackson on 8/11/16. (JAB) Modified on 8/15/2016 (CLO). (Entered: 08/12/2016) | |||
| 2016-08-11 | 26 | 0 | ORDER: IT IS HEREBY ORDERED that the parties shall submit complete transcripts of all deposition testimony that is cited in support of or in opposition to a motion. Excerpted portions of a witness's deposition testimony will not be considered by the Court absent a showing of good cause for not submitting the entire transcript. IT IS FURTHER ORDERED that the parties shall submit redacted transcripts whenever required to do so in order to comply with the rules governing privacy protection, Fed. R. Civ. P. 5.2(a) and E.D. Mo. L.R. 2.17(A). Signed by District Judge Carol E. Jackson on 8/11/16. (JAB) Modified on 8/15/2016 (CLO). (Entered: 08/12/2016) | |||
| 2016-11-08 | 27 | 0 | NOTICE Withdrawal of Appearance by Margaret L. Moore: by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc. (Strum, Stephen) (Entered: 11/08/2016) | |||
| 2016-12-15 | 28 | 0 | (DISCOVERY DOCUMENT DELETED) NOTICE Deposition of Toyota Motor Corporation: by Plaintiffs Kristin M. Smith, Lloyd Smith (Turner, Clyde) Modified on 12/16/2016 (JAB). (Entered: 12/15/2016) | |||
| 2017-01-17 | 29 | 0 | NOTICE of Change of Address filed by David Philip Stone. The address has been updated. (Stone, David) Modified on 1/18/2017 (LMR). (Entered: 01/17/2017) | |||
| 2017-02-01 | 30 | 0 | MOTION to Amend/Correct 24 Case Management Order, and Brief In Support Thereof by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion)(Stone, David) (Entered: 02/01/2017) | |||
| 2017-02-02 | 31 | 0 | ORDER: IT IS HEREBY ORDERED that the parties joint motion to amend the Case Management Order [Doc. # 30 ] is granted. IT IS FURTHER ORDERED that the following revised deadlines shall apply: Disclosure shall proceed in the following manner: (SEE ORDER FOR DETAILS). Signed by District Judge Carol E. Jackson on 2/2/17. (JAB) (Entered: 02/02/2017) | 2017-04-25 13:41:29 | 194365da209bdd07d1f8d6e59737ce9e826f91bf | |
| 2017-02-28 | 32 | 0 | PLAINTIFFS' RESPONSE TO DEFENDANTS' OBJECTIONS TO RULE 30(b)6 DEPOSITION NOTICE; MOTION TO COMPEL; AND REQUEST FOR EMERGENCY HEARING by Plaintiffs Kristin M. Smith, Lloyd Smith. (Attachments: # 1 Exhibit PLT NOD to TMC, # 2 Exhibit TMC Response to PLT NOD, # 3 Exhibit Synopsis of meet and confer, # 4 Exhibit Affidavit of Mark Arndt)(Turner, Clyde) Modified text on 3/1/2017 (KKS). (Entered: 02/28/2017) | |||
| 2017-03-07 | 33 | 0 | RESPONSE to Motion re 32 MOTION to Compel filed by Defendant Toyota Motor Corporation. (Attachments: # 1 Exhibit 2-23-17 email, # 2 Exhibit Shibata Declaration, # 3 Exhibit Tandy Declaratioin, # 4 Exhibit TMC Rsp to Depo Notice, # 5 Exhibit 8-10-15 email, # 6 Exhibit 3-22-16 email, # 7 Exhibit Shibata Depo Excerpts, # 8 Exhibit Yonekawa Depo Excerpts, # 9 Exhibit Yonekawa Butterfield Depo Excerpts, # 10 Exhibit Shibata Butterfield Depo Excerpts, # 11 Exhibit 2-18-17 Email)(Stone, David) (Entered: 03/07/2017) | |||
| 2017-03-08 | 34 | 0 | ADMINISTRATIVE ORDER. Case reassigned to District Judge E. Richard Webber for all further proceedings. District Judge Carol E. Jackson no longer assigned to case. Signed by District Judge Rodney W. Sippel on 3/8/17. (KXS) (Entered: 03/09/2017) | 2017-04-25 14:42:03 | 0992aae0cebbd578e1a4caea836d7635893d0e88 | |
| 2017-03-14 | 35 | 0 | REPLY to Response to Motion re 32 MOTION to Compel Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion to Compel filed by Plaintiffs Kristin M. Smith, Lloyd Smith. (Dowd, Lia) (Entered: 03/14/2017) | |||
| 2017-03-14 | 36 | 0 | Docket Text ORDER: Hearing on Motion to Compel 32 will be held April 7, 2017, at 9:00 a.m. in Courtroom 17 South. Attorneys who wish to participate by telephone shall inform the Court of the number at which they can be reached no later than April 6, 2017, at 5:00 p.m. So Ordered by Judge E. Richard Webber on 3/14/17. (MAC) (Entered: 03/14/2017) | |||
| 2017-04-07 | 37 | 0 | Minute Entry for proceedings held before District Judge E. Richard Webber: Motion Hearing held on 4/7/2017 re 32 MOTION to Compel filed by Kristin M. Smith, Lloyd Smith. Counsel heard. Matter taken under submission. (Court Reporter:R. Fiorino) (FTR Gold: No) (MCB) (Entered: 04/07/2017) | |||
| 2017-04-13 | 38 | 0 | TRANSCRIPT of 37 (MOTION HEARING) held on April 7, 2017 before Judge E. Richard Webber. Court Reporter/Transcriber Reagan Fiorino, Reagan_Fiorino@moed.uscourts.gov, 314-244-7989. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2017. Redacted Transcript Deadline set for 5/15/2017. Release of Transcript Restriction set for 7/12/2017. (MCB) (Entered: 04/13/2017) | |||
| 2017-04-21 | 39 | 0 | MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel [ECF No. 32] is GRANTED, in part, and DENIED, in part. Defendants shall produce the requested discovery outlined on page 6 for Toyota 4Runner models from January 1, 1990, through December 31, 2002, and Computer Aided Engineering work conducted by Toyota to study rollover resistance from January 1, 1990, to December 31, 2002. Plaintiffs' Motion in all other respects is DENIED. IT IS FURTHER ORDERED that Plaintiffs' request for costs and fees associated with its Motion to Compel is DENIED. IT IS FURTHER ORDERED that Defendants' request for a protective order, for an award of costs related to Plaintiffs Motion to Compel, and for cancellation of depositions [ECF No. 33] is DENIED. Signed by District Judge E. Richard Webber on April 21, 2017. (MCB) (Entered: 04/21/2017) | |||
| 2017-05-25 | 40 | 0 | NOTICE by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc. Joint Letter to Court re Scheduling (Kern, Kurt) (Document deleted on 5/25/2017. Counsel instructed to file proper pleading for the Court's consideration.) (CBL). (Entered: 05/25/2017) | |||
| 2017-05-31 | 41 | 0 | MOTION to Amend/Correct 24 Case Management Order, Agreed Motion to Amend Case Management Order by Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc.. (Stone, David) (Entered: 05/31/2017) | 2017-06-03 11:16:14 | a80bc254700fbdc93ee07a5b19a5808c5a806648 | |
| 2017-06-01 | 42 | 0 | Docket Text ORDER: Telephone Conference will be held June 5, 2017, at 2:30 p.m. The Court will call counsel. So Ordered by Judge E. Richard Webber on 6/1/17. (MAC) (Entered: 06/01/2017) | |||
| 2017-06-05 | 43 | 0 | Minute Entry for proceedings held before District Judge E. Richard Webber: Telephone Conference held on 6/5/2017. Parties present for telephone conference re: #41 Defendants Motion to Amend Case Management Order. Counsel heard. Amended Case Management Order to follow. (Court Reporter:R. Fiorino) (FTR Gold: No) (MCB) (Entered: 06/05/2017) |