Mensie v. Toyota Motor Credit Corporation

Filing 9

ORDER regarding a recusal issue. The parties may request whether or not I should keep this case based on the circumstances laid out within this Order. Please file any such request by 3/31/2017. Signed by Judge D. P. Marshall Jr. on 3/7/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MARIAN J. MENSIE, on behalf of herself and on behalf of all others similarly situated v. PLAINTIFF No. 4:17-cv-85-DPM TOYOTA MOTOR CREDIT CORPORATION DEFENDANT ORDER I drive a 2011 Toyota RAV4. I bought it new from Central Toyota in Jonesboro, financed it through TMCC, and paid it off. My paperwork indicates that I declined gap coverage and a vehicle service contract. I don't have any firm memory of that part of the transaction. Because I didn't buy the gap coverage, I would not be a member of the proposed nationwide class or the proposed Arkansas subclass. I don't believe these circumstances require or support recusal. 28 U.S.C. ยง 455. But I wanted the parties to know about them and to know that I will gladly reconsider on request whether I should keep this case. Please file any such request by 31March2017. - - - - -- -- -- - - --------- - So Ordered. y D.P. Marshall Jr. United States District Judge -2-

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