Zastawny v. Toyota Motor Sales U.S.A., Inc.
| Florida Southern District Court | |
| Judge: | Donald M Middlebrooks |
| Referred: | Shaniek Mills Maynard |
| Case #: | 2:24-cv-14391 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Dec 06, 2024 |
| Terminated: | Feb 12, 2025 |
| Last checked: Monday Jan 20, 2025 3:49 AM EST |
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Defendant
Toyota Motor Sales U.S.A., Inc.
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Represented By
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Plaintiff
Dariusz Zastawny
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Represented By
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| Docket last updated: 04/22/2025 11:59 PM EDT |
| Wednesday, February 12, 2025 | ||
| 15 | 15
4
pgs
order
Order Dismissing/Closing Case or Party
Thu 02/13 1:27 PM
ORDER ON MOTION TO DISMISS. Defendant's Motion to Dismiss (DE 11-1 at 89-98) is GRANTED. This case shall be DISMISSED WITH PREJUDICE. All pending motions are DENIED AS MOOT. The Clerk of Court shall CLOSE THIS CASE. Signed by Judge Donald M. Middlebrooks on 2/12/2025. See attached document for full details. (nan) |
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| Wednesday, February 05, 2025 | ||
| 14 | 14
misc
Status Report
Wed 02/05 4:45 PM
STATUS REPORT Joint Status Report by Toyota Motor Sales U.S.A., Inc. (Hosley, Frank) |
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| Monday, February 03, 2025 | ||
| 13 | 13
order
- Order (PAPERLESS or pdf attached)
Mon 02/03 12:11 PM
PAPERLESS ORDER. The Court has reviewed Defendant's Notice of Filing, which indicates that some items were inadvertently omitted from the court record at the time of removal. (DE11 ). The Parties are advised that Defendant's Notice does not obviate the need for the filing of a Joint Status Report, as previously ordered. The record is still unclear as to whether any motions pending pre-removal are ripe for disposition. The Parties must confer, advise the court, and clarify the record. The Joint Report remains due on February 5, 2025. Signed by Judge Donald M. Middlebrooks on 2/3/2025. (kid) |
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| Thursday, January 30, 2025 | ||
| 12 | 12
order
Scheduling Order Order Referring Case to Mediation
Fri 01/31 11:10 AM
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. SCHEDULING ORDER: ( Amended Pleadings due by 3/24/2025., Discovery due by 5/5/2025., Expert Discovery due by 5/5/2025., Joinder of Parties due by 3/24/2025., In Limine Motions due by 6/16/2025., Dispositive Motions due by 6/2/2025., Motions due by 6/16/2025., Pretrial Stipulation due by 7/14/2025., Jury Trial set for 8/11/2025 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks., Calendar Call set for 8/6/2025 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Shaniek Mills Maynard on 1/30/2025. See attached document for full details. (amb) |
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| 11 | 11
notice
Notice (Other)
Thu 01/30 6:01 PM
NOTICE of Filing Exhibit E to Notice of Removal by Toyota Motor Sales U.S.A., Inc. re1 Notice of Removal (State Court Complaint), (Hosley, Frank) |
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Att: 1
Exhibit E to Notice of Removal
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| 10 | 10
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines
Thu 01/30 3:05 PM
PAPERLESS ORDER REQUIRING JOINT STATUS REPORT. A sua sponte review of the docket reflects that Plaintiff filed an Amended Complaint on November 1, 2024 and Defendant removed the matter to this Court on December 6, 2024 (DE1 , DE1 -1)). However the record does not reflect that Defendant has filed a responsive pleading. Nor does the record indicate if or when the Defendant was served in this suit. The Parties are directed to file a Joint Status Report addressing these issues on or by February 5, 2025. Signed by Judge Donald M. Middlebrooks on 1/30/2025. (kid) |
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| 9 | 9
minutes
Scheduling Conference
Thu 01/30 10:29 AM
PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Shaniek Mills Maynard: Telephonic Scheduling Conference held on 1/30/25. Attorney Appearances: No appearances on behalf of Plaintiff || Cara Prentice Schanz present for Defendant. Pretrial scheduling matters discussed. Scheduling Order to follow. (Telephonic Recording Start Time: 9:30 A.M.|| Total Time in Court: 11 mins.) |
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| Friday, January 24, 2025 | ||
| 8 | 8
notice
Notice of Attorney Appearance
Fri 01/24 4:44 PM
NOTICE of Attorney Appearance by Cara Prentice Schanz on behalf of Toyota Motor Sales U.S.A., Inc.. Attorney Cara Prentice Schanz added to party Toyota Motor Sales U.S.A., Inc.(pty:dft). (Schanz, Cara) |
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| Wednesday, January 22, 2025 | ||
| 7 | 7
misc
Scheduling Report - Rule 26(f)/16.1
Wed 01/22 4:47 PM
Joint SCHEDULING REPORT - Rule 16.1 by Toyota Motor Sales U.S.A., Inc.(Hosley, Frank) |
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Att: 1
Text of Proposed Order Joint Scheduling Order
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| Tuesday, January 21, 2025 | ||
| 6 | 6
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings
Tue 01/21 4:35 PM
PAPERLESS ORDER RESETTING SCHEDULING CONFERENCE **TIME CHANGE ONLY**: To accommodate a change in the Courts schedule, the Scheduling Conference before me is RESET to Thursday, January 30, 2025, at 9:30 A.M. The parties shall use the instructions and telephone conference line information previously provided. See DE 5. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 1/21/2025. (jd02) |
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| Tuesday, January 14, 2025 | ||
| 5 | 5
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings
Tue 01/14 12:12 PM
PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for THURSDAY, JANUARY 30, 2025 at 10:00 A.M. in Fort Pierce Division before U.S. Magistrate Judge Shaniek Mills Maynard. Counsel for the parties shall confer and file, by THURSDAY, JANUARY 23, 2025, a Joint Scheduling Report pursuant to Local Rule 16.1.B. To the extent a Joint Scheduling Report has previously been filed, the parties shall file an amended version based on the current trial date set by Judge Middlebrooks. The parties shall also begin pre-trial tasks now, in advance of the conference. This includes the exchange of initial disclosures and the start of discovery coordination. This is necessary so that the parties can complete all pre-trial tasks within the time allotted and have the case ready for trial by the trial date. To call in for the conference, counsel shall call the audio conference toll-free number 833-435-1820 five (5) minutes prior to the start of the hearing. The Meeting ID number is 160 352 4112. The system will request a Participant ID; please disregard. When prompted, enter the Passcode 185708 to join the meeting. Once joined, counsel shall enter *6 to unmute and be prepared for the conference to begin. The parties must be prepared for the Conference at their assigned time but may have to wait 10-15 minutes before their conference begins, as the Court sets multiple cases for the same time slot. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 1/14/2025. (jd02) |
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utility
~Util - Set/Reset Deadlines/Hearings
Tue 01/14 12:54 PM
Set Deadlines: Counsel for the parties shall confer and file, by THURSDAY, JANUARY 23, 2025, a Joint Scheduling Report pursuant to Local Rule 16.1.B. Joint Scheduling Report due by 1/23/2025. Per DE# 5 . (nan) |
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| Monday, January 13, 2025 | ||
| 4 | 4
4
pgs
order
Order Referring Case to Magistrate Judge Scheduling Order
Mon 01/13 1:29 PM
ORDER REFERRING CASE AND SETTING TRIAL DATE. ORDER REFERRING CASE to Magistrate Judge Shaniek Mills Maynard for United States Magistrate Shaniek Mills Maynard to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case., SCHEDULING ORDER: ( Jury Trial set for 8/11/2025 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 8/6/2025 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 1/13/2025. See attached document for full details. (nan) |
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| Tuesday, December 10, 2024 | ||
| 3 | 3
misc
Bar Letter
Tue 12/10 10:57 AM
Bar Letter re: Admissions sent to attorney Denysha Archer and Kelly D. Barnes, mailing date December 10, 2024, (pt) |
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| Friday, December 06, 2024 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 12/09 11:38 AM
Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (amb) |
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| 1 | 1
8
pgs
cmp
Notice of Removal (State Court Complaint)
Fri 12/06 5:34 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 405.00 receipt number AFLSDC-18035348, filed by Toyota Motor Sales U.S.A., Inc..(Hosley, Frank) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Civil Cover Sheet
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