Firooz v. Takata Corporation et al

Filing 52

ORDER: The Toyota Defendants' Motion to Dismiss (ECF No. 44 ) is denied as moot. It is further Ordered that within ten days of the date of this Order, Plaintiff shall (1) provide the Court with a status update regarding whether Plaintiff int ends to dismiss Defendants Takata Corporation and TK Holdings Inc. pursuant to Federal Rule of Civil Procedure 41, and whether Plaintiff intends to prosecute this action against remaining Defendant Toyota Motor Corporation; and (2) Plaintiff shall Show Cause why all claims against Defendant Valenzuela should not be dismissed by this Court pursuant to Federal Rule of Civil Procedure 4(m) for failure to serve the Complaint within ninety days. Signed by Judge William Q. Hayes on 12/05/2018. (ajs)

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CLERK US DISIRICl COURT
SOUTHERN DISTRICT OF CAL~~~~~~

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BY

MMF

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DAVID FIROOZ,

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Case No.: l 7-cv-0867-WQH-NLS
Plaintiff,

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v.

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ORDER

TAKATA CORPORATION; TK
HOLDINGS INC.; TOYOTA
MOTOR CORPORATION;
TOYOTA MOTOR NORTH
AMERICA, INC.; TOYOTA
MOTOR SALES, U.S.A., INC.;
TOYOTA MOTOR
ENGINEERING &
MANUFACTURING NORTH
AMERICA, INC.; PREMIER
AUTOMOTIVE OF CA, LLC; and
ANDRES VALENZUELA,

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Defendants.

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HAYES, Judge:
On August 23, 2018, Plaintiff stated in a status report "Based on the factual
representation of the status report of August 10, 2018 (Document 41 ), Plaintiff will dismiss
his claims against Defendants, TAKATA CORPORATION and TK HOLDINGS INC."
(ECF No. 43 at 2). Plaintiff has not, however, filed a motion or separate notice of dismissal
regarding these defendants pursuant to Federal Rule of Civil Procedure 41.

l 7-cv-0867-WQH-NLS

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On October 12, 2018, Defendants Toyota Motor North America, Inc., Toyota Motor

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Sales, U.S.A., Inc., Toyota Motor Engineering & Manufacturing North America, Inc.,

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Premier Automotive of CA, LLC (collectively "Toyota Defendants") filed a Motion to

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Dismiss. (ECF No. 44). On November 16, 2018, this Court granted the parties' Joint

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Motion to Dismiss the Toyota Defendants. (ECF No. 50). The Toyota Defendants' Motion

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to Dismiss (ECF No. 44) is denied as moot.

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Plaintiff has named Andres Liera Valenzuela as a defendant in this matter, but

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IT IS HEREBY ORDERED that the Toyota Defendants' Motion to Dismiss (ECF
No. 44) is DENIED as moot.

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IT IS FURTHER ORDERED that within ten days of the date of this Order, Plaintiff

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shall (1) provide the Court with a status update regarding whether Plaintiff intends to

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dismiss Defendants Takata Corporation and TK Holdings Inc. pursuant to Federal Rule of

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Civil Procedure 41, and whether Plaintiff intends to prosecute this action against remaining

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Defendant Toyota Motor Corporation; and (2) Plaintiff shall SHOW CAUSE why all

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claims against Defendant Valenzuela should not be dismissed by this Court pursuant to

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Federal Rule of Civil Procedure 4(m) for failure to serve the Complaint within ninety days.

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DATED:

1J/r/!r
United States District Judge

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l 7-cv-0867-WQH-NLS