This case was last updated from PACER on 02/03/2020 at 07:52:37 (UTC).

Carter v. Toyota Motors Sales USA, Inc. et al

Case Summary

On 12/05/2019 Carter filed a Personal Injury - Motor Vehicle Product Liability lawsuit against Toyota Motors Sales USA, Inc. This case was filed in U.S. District Courts, North Carolina Eastern District. The Judge overseeing this case is James C. Dever, III. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:19-CV-00553

  • Filing Date:

    12/05/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Motor Vehicle Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    North Carolina Eastern District

Judge Details

Presiding Judge

James C. Dever, III

 

Party Details

Plaintiff

Christopher Daniel Carter

Defendants

Toyota Motors Sales USA, Inc.

Toyota Motor North America, Inc.

Toyota Motor Engineering & Manufacturing North America, Inc.

Elite Auto Sales, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Noah Breen Abrams

Attorney at Abrams & Abrams, P.A.

1526 Glenwood Avenue, P.O. Box 6509 (Zip 27628)

Raleigh, NC 27608

Defendant Attorney

Patrick James Cleary

Attorney at Bowman and Brooke, LLP

1441 Main St., Suite 1200

Columbia, SC 29201

 

Court Documents

#15

(#15) CONDITIONAL TRANSFER ORDER - This case is transferred under 28 U.S.C. 1407 to the Central District of California for the reasons stated in the order of April 9, 2010, and, with the consent of that court, assigned to the Honorable James V. Selna. Signed by John W. Nichols, Clerk of the United States Judicial Panel on Multidistrict Litigation. (Stay lifted on 12/16/2019.) (Sellers, N.) (Entered: 12/20/2019)

14 #1

Exhibit Signed Acknowledgement of Removal

#14

(#14) Notice filed by Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motors Sales USA, Inc. regarding #1 Notice of Removal,,,, Notice of Filing Acknowledgement of the Filing Copy of Notice of Removal. (Attachments: #1 Exhibit Signed Acknowledgement of Removal) (Cleary, Patrick) (Entered: 12/13/2019)

1 #14

Supplement Removal Cover Sheet

1 #13

Civil Cover Sheet

1 #12

Exhibit K - (State Court Documents) Order Granting Motion for Extension

1 #11

Exhibit J - (State Court Documents) Elite's Motion for Extension

1 #10

Exhibit I - (State Court Documents) Summons and Complaint to Elite

1 #9

Exhibit H - (State Court Documents) Amended Complaint

1 #8

Exhibit G - (State Court Documents) Summons and Complaint to Toyota

1 #7

Exhibit F - Elite Sales Documentation

1 #6

Exhibit E - Declaration of Nathaniel Weaver

1 #5

Exhibit D - Declaration of Harold Clyde

1 #4

Exhibit C - Amended Complaint

1 #3

Exhibit B - Summons and Complaint

1 #2

Exhibit A - Declaration of Patrick Cleary

1 #1

Index of Exhibits to Notice of Removal

#1

(#1) NOTICE OF REMOVAL by Toyota Motor North America, Inc., Toyota Motors Sales USA, Inc., Toyota Motor Engineering & Manufacturing North America, Inc. from Superior Court, Wake County, case number 19 CV 14562. ( Filing fee $ 400), filed by Toyota Motor North America, Inc., Toyota Motors Sales USA, Inc., Toyota Motor Engineering & Manufacturing North America, Inc.. (Attachments: #1 Index of Exhibits to Notice of Removal, #2 Exhibit A - Declaration of Patrick Cleary, #3 Exhibit B - Summons and Complaint, #4 Exhibit C - Amended Complaint, #5 Exhibit D - Declaration of Harold Clyde, #6 Exhibit E - Declaration of Nathaniel Weaver, #7 Exhibit F - Elite Sales Documentation, #8 Exhibit G - (State Court Documents) Summons and Complaint to Toyota, #9 Exhibit H - (State Court Documents) Amended Complaint, #10 Exhibit I - (State Court Documents) Summons and Complaint to Elite, #11 Exhibit J - (State Court Documents) Elite's Motion for Extension, #12 Exhibit K - (State Court Documents) Order Granting Motion for Extension, #13 Civil Cover Sheet, #14 Supplement Removal Cover Sheet) (Cleary, Patrick) (Entered: 12/05/2019)

22 More Documents Available

 

Docket Entries

  • 12/26/2019
  • DocketCase opened in the Central District of California as case 2:19-cv-10729. (Sellers, N.) (Entered: 12/26/2019)

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  • 12/20/2019
  • DocketCase transferred to Central District of California. File transmitted electronically. (Sellers, N.) (Entered: 12/20/2019)

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  • 12/20/2019
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  • Docket(#15) CONDITIONAL TRANSFER ORDER - This case is transferred under 28 U.S.C. 1407 to the Central District of California for the reasons stated in the order of April 9, 2010, and, with the consent of that court, assigned to the Honorable James V. Selna. Signed by John W. Nichols, Clerk of the United States Judicial Panel on Multidistrict Litigation. (Stay lifted on 12/16/2019.) (Sellers, N.) (Entered: 12/20/2019)

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  • 12/18/2019
  • DocketCase Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Sellers, N.) (Entered: 12/18/2019)

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  • 12/13/2019
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  • Docket(#14) Notice filed by Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motors Sales USA, Inc. regarding #1 Notice of Removal,,,, Notice of Filing Acknowledgement of the Filing Copy of Notice of Removal. (Attachments: #1 Exhibit Signed Acknowledgement of Removal) (Cleary, Patrick) (Entered: 12/13/2019)

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  • 12/12/2019
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  • Docket(#13) Toyota Motor Engineering & Manufacturing North America, Inc.'s ANSWER to Complaint with Jury Demand Answer to Amended Complaint with Jury Demand by Toyota Motor Engineering & Manufacturing North America, Inc.. (Cleary, Patrick) (Entered: 12/12/2019)

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  • 12/12/2019
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  • Docket(#12) Toyota Motor North America, Inc.'s ANSWER to Complaint with Jury Demand Answer to Amended Complaint with Jury Demand by Toyota Motor North America, Inc.. (Cleary, Patrick) (Entered: 12/12/2019)

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  • 12/12/2019
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  • Docket(#11) Toyota Motor Sales USA, Inc.'s ANSWER to Complaint with Jury Demand Answer to Amended Complaint with Jury Demand by Toyota Motors Sales USA, Inc.. (Cleary, Patrick) (Entered: 12/12/2019)

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  • 12/09/2019
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  • Docket(#10) Financial Disclosure Statement by Christopher Daniel Carter (Abrams, Noah) (Entered: 12/09/2019)

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  • 12/09/2019
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  • Docket(#9) Notice of Appearance filed by Noah Breen Abrams on behalf of Christopher Daniel Carter. (Abrams, Noah) (Entered: 12/09/2019)

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  • 12/06/2019
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  • Docket(#8) Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel Noah B. Abrams of Abrams & Abrams at 1526 Glenwood Ave., Raleigh, NC 27608 and Counsel for Elite Auto Sales, Inc., O. Craig Tiermey, Jr. of Brown, Crump, Vanore & Tierney, LLP at P. O. Box 1729, Raleigh, NC 27602 mailed via US Mail on December 6, 2019. (Rudd, D.) (Entered: 12/06/2019)

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  • 12/05/2019
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  • Docket(#7) Memorandum in Support regarding #6 MOTION to Stay Pending Action filed by Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motors Sales USA, Inc.. (Cleary, Patrick) (Entered: 12/05/2019)

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  • 12/05/2019
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  • Docket(#6) MOTION to Stay Pending Action filed by Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motors Sales USA, Inc.. (Attachments: #1 Exhibit A - Declaration of Patrick Cleary) (Cleary, Patrick) (Entered: 12/05/2019)

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  • 12/05/2019
  • DocketFiling fee received: $ 400.00, receipt number GRN002340 (Sellers, N.) (Entered: 12/05/2019)

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  • 12/05/2019
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  • Docket(#5) Financial Disclosure Statement by Toyota Motors Sales USA, Inc. identifying Corporate Parent Toyota Motor Corporation, Corporate Parent Toyota Motor North America, Inc. for Toyota Motors Sales USA, Inc.. (Cleary, Patrick) (Entered: 12/05/2019)

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  • 12/05/2019
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  • Docket(#4) Financial Disclosure Statement by Toyota Motor North America, Inc. identifying Corporate Parent Toyota Motor Corporation for Toyota Motor North America, Inc.. (Cleary, Patrick) (Entered: 12/05/2019)

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  • 12/05/2019
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  • Docket(#3) Financial Disclosure Statement by Toyota Motor Engineering & Manufacturing North America, Inc. identifying Corporate Parent Toyota Motor Corporation, Corporate Parent Toyota Motor North America, Inc. for Toyota Motor Engineering & Manufacturing North America, Inc.. (Cleary, Patrick) (Entered: 12/05/2019)

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  • 12/05/2019
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  • Docket(#2) Notice of Appearance filed by Patrick James Cleary on behalf of Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor North America, Inc., Toyota Motors Sales USA, Inc.. (Cleary, Patrick) (Entered: 12/05/2019)

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  • 12/05/2019
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  • Docket(#1) NOTICE OF REMOVAL by Toyota Motor North America, Inc., Toyota Motors Sales USA, Inc., Toyota Motor Engineering & Manufacturing North America, Inc. from Superior Court, Wake County, case number 19 CV 14562. ( Filing fee $ 400), filed by Toyota Motor North America, Inc., Toyota Motors Sales USA, Inc., Toyota Motor Engineering & Manufacturing North America, Inc.. (Attachments: #1 Index of Exhibits to Notice of Removal, #2 Exhibit A - Declaration of Patrick Cleary, #3 Exhibit B - Summons and Complaint, #4 Exhibit C - Amended Complaint, #5 Exhibit D - Declaration of Harold Clyde, #6 Exhibit E - Declaration of Nathaniel Weaver, #7 Exhibit F - Elite Sales Documentation, #8 Exhibit G - (State Court Documents) Summons and Complaint to Toyota, #9 Exhibit H - (State Court Documents) Amended Complaint, #10 Exhibit I - (State Court Documents) Summons and Complaint to Elite, #11 Exhibit J - (State Court Documents) Elite's Motion for Extension, #12 Exhibit K - (State Court Documents) Order Granting Motion for Extension, #13 Civil Cover Sheet, #14 Supplement Removal Cover Sheet) (Cleary, Patrick) (Entered: 12/05/2019)

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