Depew et al v. Fairline Boats North America et al
| Carol Depew and Frank Depew |
| Fairline Boats North America and Caterpillar, Inc. |
| 8:2007cv01523 |
| June 8, 2007 |
| US District Court for the District of Maryland |
| Greenbelt Office |
| Prince George's |
| Roger W Titus |
| Contract Product Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 6, 2008, before Judge Roger W. Titus. Court Reporter/Transcriber Tracy Dunlap, Telephone number 301.344.3912. Total number of pages filed: 42. 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 from the Court Reporter or through PACER... Redaction Request due 7/9/2010. Redacted Transcript Deadline set for 7/19/2010. Release of Transcript Restriction set for 9/16/2010. (trd, Court Report) |
| Filing 63 Correspondence re: Defendant's Line Withdrawing Bill Of Costs (Panzer, David) |
| Filing 62 BILL OF COSTS by Fairline Boats North America. (Panzer, David) Modified on 11/12/2008 (elt, Deputy Clerk). [PER DOCKET ENTRY 63 - BILL OF COSTS WITHDRAWN] |
| Filing 61 Motion Hearing held on 10/6/2008 re #54 MOTION to Dismiss Second Amended Complaint filed by Fairline Boats North America held before Judge Roger W Titus. (Court Reporter: T. Dunlap) (hbm, Courtroom Deputy Clerk) |
Filing 60
ORDER granting #54 Defendant Fairline Boats of North America, Inc.'s Motion to Dismiss Plaintiff's Second Amended Complaint; that any claims brought by Plaintiffs in their Second Amended Complaint are DISMISSED WITH PREJUDICE; that judgment for costs shall be entered for the Defendant Fairline Boats of North America, Inc.; and the Clerk of the Court is directed to close this case. Signed by Judge Roger W Titus on 10/06/2008. (elt, Deputy Clerk)
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| Filing 59 REPLY to Response to Motion re #54 MOTION to Dismiss Second Amended Complaint filed by Fairline Boats North America. (Panzer, David) |
| Filing 58 MEMORANDUM Scheduling Hearing on #54 Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint for October 6, 2008 at 10:00 a.m. (Titus, Roger) |
| Filing 57 RESPONSE in Opposition re #54 MOTION to Dismiss Second Amended Complaint filed by Frank Depew, Carol Depew. Replies due by 7/21/2008. (Sheehan, Angela) |
| Filing 56 PAPERLESS Order GRANTING #55 Joint Stipulation to extend time for responding to Motion to Dismiss Second Amened Complaint shall be extended to and including July 7, 2008. (Titus, Roger) |
| Filing 55 STIPULATION re #54 MOTION to Dismiss Second Amended Complaint to Extend Time Within Which Plaintiffs May Respond to July 7, 2008 by Frank Depew, Carol Depew. (Sheehan, Angela) |
| Filing 54 MOTION to Dismiss Second Amended Complaint by Fairline Boats North America Responses due by 6/30/2008 (Attachments: #1 Memorandum In Support, #2 Exhibit A, #3 Exhibit B)(Panzer, David) |
| Filing 53 Transcript of Proceedings held on April 28, 2008; 44 pgs, before Judge Roger W. Titus. Court Reporter/Transcriber Tracy Dunlap, Telephone number 301.344.3912. 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 from the Court Reporter or through PACER.. Redaction Request due 6/24/2008. Redacted Transcript Deadline set for 7/7/2008. Release of Transcript Restriction set for 9/2/2008. (trd, Court Report) |
| Filing 52 NOTICE to Substitute Attorney (Lundstedt, Andreas) |
| Filing 51 SECOND AMENDED COMPLAINT against Fairline Boats North America, filed by Frank Depew, Carol Depew. (Attachments: #1 Exhibit Declaration of DePew, #2 Exhibit Declaration of Capt. Osley, #3 Exhibit Osley Resume)(Sheehan, Angela) Modified on 5/28/2008 (elt, Deputy Clerk). |
| Filing 50 NOTICE of Appearance by Angela Donovan Sheehan on behalf of all plaintiffs (Sheehan, Angela) |
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Filing 49
ORDER granting #37 Motion to Dismiss Plaintiff's Amended Complaint; that any claims brought by Plaintiff in their Amended Complaint #31 for violations of the Maryland Consumer Protection Act (Count III) are DISMISSED WITH PREJUDICE; that any claims brought by Plaintiffs in their Amended Complaint #31 for either (1) breach of implied warranty of merchantability or (2) breach of implied warranty of fitness for a particular purpose, in violation of the Maryland Commercial Code (COunt II) are DISMISSED WITH PREJUDICE; that any claims brought by Plaintiffs in their Amended Complaint #31 for either (1) breach of express warranty in violation of the Maryland Commercial Code (Count II) or (2) violation of the Magnuson-Moss Warranty Act (Count I) are DISMISSED WITHOUT PREJUDICE to the right of Plaintiff's to amend their Complaint in accordance with this ORder; and that Plaintiffs are granted leave to amend their Complaint in accordance with this Order and the Court's statements on the record within 30 days from the date of entry of this Order. Signed by Judge Roger W Titus on 4/28/2008. (elt, Deputy Clerk)
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| Filing 48 Motion Hearing held before Judge Roger W Titus on 4/28/2008 re #37 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Fairline Boats North America. Written order to be entered by the Court (Court Reporter Tracy Dunlap) (has, Deputy Clerk) |
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Filing 47
PAPERLESS ORDER GRANTING #46 Motion to Withdraw as Attorney. Signed by Judge Roger W Titus on 4/1/08. (Titus, Roger)
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| Filing 46 MOTION to Withdraw as Attorney by Frank Depew, Carol Depew Responses due by 4/7/2008 (Snyder, Larna) |
| Filing 45 NOTICE to Substitute Attorney And Withdrawal (Nelson, Rowena) |
| Filing 44 NOTICE of Appearance by Andreas Lundstedt on behalf of Frank Depew, Carol Depew (Lundstedt, Andreas) |
| Filing 43 NOTICE of Appearance by Rowena Nicole Nelson on behalf of Frank Depew, Carol Depew (Nelson, Rowena) |
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Filing 42
ORDER granting #41 Motion to Continue, the motions hearing previously scheduled for April 14, 2208 is RESCHEDULED for April 28, 2008 at 2:00 p.m. Signed by Judge Roger W Titus on 1/14/2008. (elt, Deputy Clerk)
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| Filing 41 MOTION to Continue April 14, 2008 Motions Hearing by Fairline Boats North America. Responses due by 1/4/2008 (Attachments: #1 Memorandum in Support#2 Exhibit 1#3 Exhibit 2)(Panzer, David) |
| Filing 40 MEMO Scheudling a Motions Hearing for April 14, 2008 at 2:00 p.m. re: #37 Motion to Dismiss Amended Complaint. (Titus, Roger) |
| Filing 39 REPLY to Response to Motion re #37 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Fairline Boats North America. (Panzer, David) |
| Filing 38 RESPONSE in Opposition re #37 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Frank Depew, Carol Depew.Replies due by 11/29/2007. (Attachments: #1 Amended Complaint#2 Repair Orders#3 3/21/06 Correspondence#4 Text of Proposed Order)(Snyder, Larna) |
| Filing 37 MOTION to Dismiss Plaintiffs' Amended Complaint by Fairline Boats North America. Responses due by 11/15/2007 (Attachments: #1 Memorandum in Support#2 Exhibit A)(Panzer, David) |
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Filing 36
ORDER denying #32 Motion to Strike Plaintiff's Amended Complaint. Signed by Judge Roger W Titus on 10/29/07. (ch, Deputy Clerk)
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| Filing 35 STIPULATION of Dismissal of Caterpillar, Inc. by Frank Depew, Carol Depew. (Snyder, Larna) |
| Filing 34 Local Rule 103.6(c) Redline version of Amended Complaint. (Snyder, Larna) Modified on 10/23/2007 (elt, Deputy Clerk). |
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Filing 33
ORDER denying as moot #8 Motion to Dismiss and Plaintiff is DIRECTED to promptly comply with Local Rule 103.6(c). Signed by Judge Roger W Titus on 10/18/2007. (elt, Deputy Clerk)
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| Filing 32 MOTION to Strike #31 Amended Complaint by Fairline Boats North America. Responses due by 11/5/2007 (Attachments: #1 Memorandum in Support#2 Text of Proposed Order)(Panzer, David) |
| Filing 31 AMENDED COMPLAINT against Fairline Boats North America, filed by Frank Depew, Carol Depew.(elt, Deputy Clerk) |
| Filing 30 NOTICE by Frank Depew, Carol Depew Notice of Filing Amended Complaint (Attachments: #1 Amended Complaint)(Snyder, Larna) |
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Filing 29
ORDER granting in part #26 Emergency MOTION to Continue Motion to Dismiss Hearing. The October 15, 2007 hearing on Defendants' Motion to Dismiss [paper No. 8] is CANCELLED. Signed by Judge Roger W Titus on 10/09/2007. (ads, Deputy Clerk)
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| Filing 28 NOTICE by Caterpillar, Inc. /Defendant Caterpillar, Inc.'s Adoption of Defendant Fairline Boats of North America, Inc.'s Reply Memorandum in Further Support of Motion to Dismiss (Wasserman, Jason) |
| Filing 27 RESPONSE to Motion re #26 Emergency MOTION to Continue Motion to Dismiss Hearing filed by Fairline Boats North America.Replies due by 10/18/2007. (Panzer, David) |
| Filing 26 Emergency MOTION to Continue Motion to Dismiss Hearing by Frank Depew, Carol Depew. Responses due by 10/19/2007 (Snyder, Larna) |
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Filing 25
Memorandum/ORDER granting #24 Request for Hearing. The hearing on Defendants' Motion to Dismiss #8 is RESCHEDULED to October 15, 2007 at 4:00 p.m. Signed by Judge Roger W Titus on 08/20/2007. (elt, Deputy Clerk)
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| Filing 24 Request for Hearing Consent Motion to Reschedule the Motions Hearing. (Attachments: #1 Text of Proposed Order)(Wasserman, Jason) |
| Filing 23 REPORT of Rule 26(f) Planning Meeting. (Panzer, David) |
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Filing 22
ORDER granting #21 Motion to Continue; ORDERED that motions hearing previously scheduled for November 26, 2007 is RESCHEDULED to October 1, 2007 at 3:30 p.m.. Signed by Judge Alexander Williams Jr. for Judge Roger W. Titus on 8/10/07. (ch, Deputy Clerk)
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| Filing 21 Consent MOTION to Continue Motion to Dismiss Hearing by Frank Depew, Carol Depew. Responses due by 8/27/2007 (Snyder, Larna) |
| Filing 20 REPLY to Response to Motion re #8 MOTION to Dismiss filed by Caterpillar, Inc.. (Wasserman, Jason) |
| Filing 19 MEMO Scheduling a Motions Hearing for November 26, 2007 at 11:30 a.m. re: #8 Defendant Fairline Boats North America's Motion to Dismiss. (Titus, Roger) |
| Filing 18 REPLY to Response to Motion re #8 MOTION to Dismiss filed by Fairline Boats North America. (Panzer, David) |
| Filing 17 RESPONSE re #16 Notice (Other) Plaintiffs Opposition to Caterpillar's Motion to Dismiss filed by Frank Depew, Carol Depew. (Attachments: #1 Text of Proposed Order #2 Certificate of Service)(Snyder, Larna) |
| Filing 16 NOTICE by Caterpillar, Inc. /Defendant Caterpillar, Inc.'s Adoption of Defendant Fairline Boats of North America, Inc.'s Motion to Dismiss (Attachments: #1 Exhibit)(Wasserman, Jason) |
| Filing 15 RESPONSE re #8 MOTION to Dismiss Plaintiffs' Opposition to Defendant Fairline's Motion to Dismiss filed by Frank Depew, Carol Depew. (Attachments: #1 Exhibit Exhibit A, Exhibit B, & Exhibit C#2 Certificate of Service#3 Text of Proposed Order)(Snyder, Larna) |
| Filing 14 Notice of Appearance by Frank Depew, Carol Depew. Responses due by 7/13/2007 (Snyder, Larna) Modified on 6/27/2007 (elt, Deputy Clerk). |
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Filing 13
PAPERLESS ORDER GRANTING #10 Consent Motion for Extension of Time to File Answer by July 2, 2007. Signed by Judge Roger W Titus on 6/21/07. (Titus, Roger)
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| Filing 12 NOTICE by Fairline Boats North America, Caterpillar, Inc. re #6 Order Defendants' Joint Statement Concerning Removal (Panzer, David) |
| Filing 11 Local Rule 103.3 Disclosure Statement by Caterpillar, Inc.. (Wasserman, Jason) |
| Filing 10 Consent MOTION for Extension of Time to File Response/Reply as to #2 Complaint by Caterpillar, Inc..Responses due by 7/9/2007 (Attachments: #1 Text of Proposed Order Proposed Order to Consent Motion)(Wasserman, Jason) |
| Filing 9 Local Rule 103.5a. (Attachments: #1 Exhibit Cover Letter Attaching Complaint#2 Exhibit Summons to Defendant Caterpiller#3 Exhibit Notice of Filing of Removal)(Panzer, David) |
| Filing 8 MOTION to Dismiss by Fairline Boats North America. Responses due by 7/2/2007 (Attachments: #1 Memorandum in Support#2 Exhibit A#3 Text of Proposed Order)(Panzer, David) |
| Filing 7 NOTICE by Caterpillar, Inc. Defendant's Consent to Removal (Wasserman, Jason) |
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Filing 6
STANDING ORDER. Signed by Judge Roger W Titus on 06/08/07. (ads, Deputy Clerk)
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| Filing 5 Correspondence: Removal Notification Letter to Larna Snyder. (ads, Deputy Clerk) |
| Filing 4 Corporate Disclosure Statement of Defendant Fairline Boats of North America, Inc. by Fairline Boats North America. (ads, Deputy Clerk) |
| Filing 3 Summons Issued 60 days as to Fairline Boats North America. (ads, Deputy Clerk) |
| Filing 2 COMPLAINT against Fairline Boats North America, Caterpillar, Inc., filed by Frank Depew, Carol Depew. (Attachments: #1 Civil - Non-Domestic Case Information Report)(ads, Deputy Clerk) |
| Filing 1 NOTICE OF REMOVAL from the Circuit Court of Maryland for Prince George's County, case number CAL 07-11625. ( Filing fee $ 350 receipt number 84637009849), filed by Fairline Boats North America. (Attachments: #1 Civil Cover Sheet)(ads, Deputy Clerk) |
| The above pleadings #2 - #3 are copies filed in the Circuit Court of Maryland for Prince George's County. (ads, Deputy Clerk) |
| Jury Trial Demand by Frank Depew, Carol Depew. (ads, Deputy Clerk) |
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