Scott v. Ford Motor Company et al
Linda-Lee Scott |
Camping World RV Sales, Ford Motor Company, Gary's RV Centers, LLC and Thor Motor Coach |
1:2017cv00358 |
August 16, 2017 |
US District Court for the District of New Hampshire |
Concord Office |
Paul J Barbadoro |
Contract: Other |
15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
Both |
Docket Report
This docket was last retrieved on November 1, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 45 JUDGMENT is hereby entered in accordance with Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) Case includes a claim under the NH Consumer Protection Act. A copy of the Judgment has been sent to the NH Attorney General via an automatic Notice of Electronic filing.(vln) |
Filing 44 STIPULATION of Dismissal With Prejudice by Linda-Lee Scott(Lambert, Michael) |
ENDORSED ORDER granting #43 Motion to Extend Time File Stipulation of Dismissal. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (vln) |
Filing 43 Assented to MOTION to Extend Time to File Stipulation of Dismissal filed by Ford Motor Company.(Larson, Adam) |
ENDORSED ORDER granting #42 Motion to Extend Time to FILE STIPULATION OF DISMISSAL. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(vln) |
Filing 42 Assented to MOTION to Extend Time to File Stipulation of Dismissal filed by Ford Motor Company, Thor Motor Coach.(Larson, Adam) |
Deniz Aktas advised case settled. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court will dismiss the case with prejudice. Case Settlement Deadline 8/31/2018. (vln) |
ENDORSED ORDER granting #40 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Curtis A. Berglund submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 7/30/2018.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(vln) |
ENDORSED ORDER granting #41 Motion to Continue Discovery Conference of July 17, 2018 until August 6th or August 7, 2018. Text of Order: Granted. The discovery conference is continued to August 6, 2018. Counsel shall meet and confer in person or by telephone prior to August 1, 2018 regarding the outstanding discovery issues raised in the parties status reports. The parties shall file a joint or individual status reports shall be filed on or before August 1. So Ordered by Magistrate Judge Andrea K. Johnstone. Discovery Status Conference set for 8/6/2018 10:30 AM before Magistrate Judge Andrea K. Johnstone. (vln) |
Filing 41 MOTION to Continue Discovery Conference of July 17, 2018 until August 6th or August 7, 2018 filed by Ford Motor Company, Thor Motor Coach. Follow up on Objection on 7/30/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Larson, Adam) |
Filing 40 Assented to MOTION for Curtis A. Berglund to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1685776.) filed by Ford Motor Company, Thor Motor Coach. (Attachments: #1 Exhibit (Affidavit) Affidavit of Curtis A. Berglund)(Larson, Adam) |
NOTICE OF CANCELLATION AND RESCHEDULING: Telephone Conference set 07/13/2018 is CANCELLED. Discovery Status Conference (by telephone) set for for 7/17/2018 10:30 AM before Magistrate Judge Andrea K. Johnstone. The court will initiate the call. (vln) |
ENDORSED ORDER re: #38 Status Report, #39 Status Report. Text of Order: The clerk's office shall schedule a case management telephone conference with the parties on or before July 16th. So Ordered by Magistrate Judge Andrea K. Johnstone.(kad) |
NOTICE of Hearing re: #39 Status Report, #38 Status Report. Telephone Conference set for 7/13/2018 11:30 AM before Magistrate Judge Andrea K. Johnstone. The court will initiate the call.(kad) |
Filing 39 STATUS REPORT by Ford Motor Company, Thor Motor Coach (Larson, Adam) |
Filing 38 STATUS REPORT by Linda-Lee Scott : Regarding Discovery(Lambert, Michael) |
Filing 37 NOTICE of Attorney Appearance by Adam A. Larson on behalf of Thor Motor Coach Attorney Adam A. Larson added to party Thor Motor Coach(pty:dft).(Larson, Adam) |
Filing 36 Joint Mediation Statement: (Larson, Adam) |
Filing 35 THOR MOTOR COACH, INC.'S ANSWER to #1 Complaint - New Case,, with jury demand and Affirmative Defenses filed by Thor Motor Coach.(Korona, Mary Jo) |
Filing 34 NOTICE of Change of Address by Mary Jo S. Korona on behalf of Camping World RV Sales, Thor Motor Coach(Korona, Mary Jo) |
ENDORSED ORDER denying #28 Motion for Reconsideration. Re: Order on Motion to Dismiss for Failure to State a Claim. Text of Order: Motion denied. So Ordered by Judge Paul J. Barbadoro.(jna) |
Filing 33 REPLY to Objection to Motion re #28 MOTION for Reconsideration re Order on Motion to Dismiss for Failure to State a Claim, With Respect to Counts III and IV of the Complaint filed by Thor Motor Coach. Surreply due by 4/2/2018. (Korona, Mary Jo) |
Filing 32 MEMORANDUM in Opposition re #28 MOTION for Reconsideration re Order on Motion to Dismiss for Failure to State a Claim, With Respect to Counts III and IV of the Complaint (Replaces Document No. 30) filed by Linda-Lee Scott. Follow up on Reply on 3/27/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Lambert, Michael) |
Filing 31 OBJECTION to #28 MOTION for Reconsideration re Order on Motion to Dismiss for Failure to State a Claim, With Respect to Counts III and IV of the Complaint (Replaces Document No. 29) filed by Linda-Lee Scott. Follow up on Reply on 3/27/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Lambert, Michael) |
Filing 30 [ REPLACED BY DN #32 ]MEMORANDUM in Opposition re #28 MOTION for Reconsideration re Order on Motion to Dismiss for Failure to State a Claim, With Respect to Counts III and IV of the Complaint filed by Linda-Lee Scott. Follow up on Reply on 3/27/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Lambert, Michael) Modified on 3/21/2018 to add: REPLACED. (vln). |
Filing 29 [ REPLACED BY DN #31 ] OBJECTION to #28 MOTION for Reconsideration re Order on Motion to Dismiss for Failure to State a Claim, With Respect to Counts III and IV of the Complaint filed by Linda-Lee Scott. Follow up on Reply on 3/27/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Lambert, Michael) Modified on 3/21/2018 to add: REPLACED (vln). |
NOTICE of ECF Filing Error re: #29 Objection to Motion, filed by Linda-Lee Scott, #30 Memorandum in Opposition to Motion, filed by Linda-Lee Scott. 1) Documents must be provided in an electronically converted PDF text searchable format in accordance with A.P. 2.3(a). 2) The Memorandum in Opposition to Motion should have been filed as an attachment to the Objection (AP 2.5(a)). Filer shall refile the Objection and Memorandum and add to docket text Replaces documents nos. 29 and 30. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-226-7733.Compliance Deadline set for 3/27/2018.(vln) |
Filing 28 MOTION for Reconsideration re Order on Motion to Dismiss for Failure to State a Claim, With Respect to Counts III and IV of the Complaint filed by Thor Motor Coach. HEARING REQUESTED. Follow up on Objection on 3/21/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit A - Federal Register)(Korona, Mary Jo) |
ENDORSED ORDER granting #26 Motion to Extend Time to Answer Complaint. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(vln) |
Filing 27 TRANSCRIPT of Proceedings for Motion Hearing held on 2/5/2018. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 3/5/2018. Redacted Transcript Follow Up 3/15/2018. Release of Transcript Restriction set for 5/10/2018.(vln) |
Filing 26 MOTION to Extend Time to Answer to 14 days after Court decides Motion for Reconsideration of Motion to Dismiss Counts III and IV of the Complaint filed by Thor Motor Coach. Follow up on Objection on 2/23/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Trien, Stacey) |
Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held on 2/5/2018 re #17 MOTION to Dismiss for Failure to State a Claim . Oral argument. Motion granted in part and denied in part. Parties granted leave to file motions/supplemental briefs/amended complaint. (Court Reporter: Sandra Bailey) (Pltfs Atty: Deniz Aktas, Michael J. Lambert) (Defts Atty: Stacey E. Trien, Henry Klementowicz)(Total Hearing Time: 1:35) (vln) |
///ORAL ORDER granting in part and denying in part #17 Motion to Dismiss for Failure to State a Claim. For reasons stated on the record, the motion is granted in part and denied in part without prejudice. So Ordered by Judge Paul J. Barbadoro.(vln) Modified on 10/31/2018 to add: ///(vln). |
NOTICE re: #17 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 2/5/2018 10:30 AM before Judge Paul J. Barbadoro.(vln) |
Filing 25 REPLY to Objection to Motion re #17 MOTION to Dismiss for Failure to State a Claim filed by Camping World RV Sales, Gary's RV Centers, LLC, Thor Motor Coach. Surreply due by 12/27/2017. (Korona, Mary Jo) |
NOTICE of DOCKETING ERROR: THE order dated 12/20/2017 on re #17 MOTION TO DISMISS was docketed in the wrong case. Please disregard. (vln) |
[DOCKETING ERROR. FILED IN WRONG CASE. PLEASE DISREGARD.]ENDORSED ORDER granting #17 Motion to Dismiss for Failure to State a Claim. Text of Order: For the reasons set forth in the memorandum of law filed in support of defendants' motion to dismiss, the plaintiffs' claims are barred by res judicata. Defendants' motion to dismiss is granted. So Ordered by Judge Paul J. Barbadoro.(vln) Modified on 12/21/2017 to add: DOCKETING ERROR(vln). |
ENDORSED ORDER granting #23 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Deniz Aktas submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 12/18/2017.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(vln) |
ENDORSED ORDER granting #24 Motion to Extend Time to File Reply in Support of Motion to Dismiss the Complaint Until December 22, 2017. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. Follow up on Reply on 12/22/2017. (vln) |
Filing 24 Assented to MOTION to Extend Time to File Reply in Support of Motion to Dismiss the Complaint Until December 22, 2017 filed by Camping World RV Sales, Gary's RV Centers, LLC, Thor Motor Coach.(Korona, Mary Jo) |
Filing 23 Assented to MOTION for D. Deniz Aktas to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1594262.) filed by Linda-Lee Scott. (Attachments: #1 Order For Admission Pro Hac Vice, #2 Exhibit (Affidavit) Affidavit of D. Deniz Aktas, Esq.)(Lambert, Michael) |
FILED IN ERROR. Notice of ASSENT by Thor Motor Coach, Inc. and Gary's RV Centers LLC d/b/a Camping World RV Sales as to #17 MOTION to Dismiss for Failure to State a Claim .(Korona, Mary Jo) Modified on 12/6/2017 to add: FILED IN ERROR (vln). |
Filing 22 Notice of Intent to Reply to Objection to #17 MOTION to Dismiss for Failure to State a Claim . Follow up on Reply on 12/15/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Korona, Mary Jo) |
Filing 21 OBJECTION to #17 MOTION to Dismiss for Failure to State a Claim filed by Linda-Lee Scott. (Attachments: #1 Exhibit A)(Lambert, Michael) |
Filing 20 ORDER approving in part #19 Discovery Plan. Length of Trial 3 days. Case Track: Standard. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 10/15/2018. Motion to Dismiss Deadline 2/2/2018. Discovery Status Conference set for 7/17/2018 10:30 AM before Magistrate Judge Andrea K. Johnstone. At least 7 days prior to the date of the conference, the parties shall submit a joint statement regarding the status of discovery. Joint Mediation due by 6/1/2018. (vln) |
TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 4/2/2019 09:30 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 3/22/2019 03:00 PM before Judge Paul J. Barbadoro. Pretrial Statements due 3/1/2019. LR 16.2(d) Objections due 3/15/2019. (vln) |
Filing 19 Proposed Discovery Plan filed by Linda-Lee Scott. (Lambert, Michael) |
ENDORSED ORDER granting #18 Motion to Extend Time to 11-30-17 to Respond to the Motion to Dismiss. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. Follow up on Objection on 11/30/2017. (vln) |
Filing 18 Assented to MOTION to Extend Time to 11-30-17 to Respond to the Motion to Dismiss filed by Linda-Lee Scott.(Lambert, Michael) |
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 11/30/2017 10:00 AM before Magistrate Judge Andrea K. Johnstone. Discovery Plan due by 11/22/2017. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(vln) |
Filing 17 MOTION to Dismiss for Failure to State a Claim filed by Camping World RV Sales, Gary's RV Centers, LLC, Thor Motor Coach. HEARING REQUESTED. Follow up on Objection on 10/30/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit A - Purchase and Sale Contract, #3 Exhibit B - Service Contract, #4 Exhibit C - Limited Warranty)(Korona, Mary Jo) Modified on 12/21/2017 to reinstate. |
Filing 16 NOTICE of Attorney Appearance by Scott H. Harris on behalf of Camping World RV Sales, Gary's RV Centers, LLC, Thor Motor Coach Attorney Scott H. Harris added to party Camping World RV Sales(pty:dft), Attorney Scott H. Harris added to party Gary's RV Centers, LLC(pty:dft), Attorney Scott H. Harris added to party Thor Motor Coach(pty:dft).(Harris, Scott) |
Filing 15 AFFIDAVIT of Service as to Camping World RV Sales filed by Linda-Lee Scott. Served/Mailed on 8/29/2017. Answer Follow Up on 9/19/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A, #2 Exhibit B)(Lambert, Michael) |
ENDORSED ORDER granting #9 Motion to Extend Time to Answer re #1 Complaint. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Paul J. Barbadoro. Answer Follow Up on 10/16/2017.(vln) |
Filing 14 Disclosure Statement by Camping World RV Sales, Gary's RV Centers, LLC disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Korona, Mary Jo) |
Filing 13 Disclosure Statement by Thor Motor Coach disclosing a parent company, no publicly traded company, and no merger agreement. (Korona, Mary Jo) |
Filing 12 Disclosure Statement by Ford Motor Company disclosing no parent company, no publicly traded company, and no merger agreement. (Larson, Adam) |
Filing 11 NOTICE of Attorney Appearance by Adam A. Larson on behalf of Ford Motor Company (Larson, Adam) |
Filing 10 ANSWER to #1 Complaint - New Case,, with jury demand filed by Ford Motor Company.(Larson, Adam) |
Filing 9 Partially Assented to MOTION to Extend Time to Answer to October 16, 2017 filed by Camping World RV Sales, Gary's RV Centers, LLC, Thor Motor Coach. Follow up on Objection on 9/27/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Klementowicz, Henry) |
Filing 8 AFFIDAVIT of Service as to Thor Motor Coach filed by Linda-Lee Scott. Served/Mailed on 8/29/2017. Answer Follow Up on 9/19/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A, #2 Exhibit B)(Lambert, Michael) |
Filing 7 Return of Service Executed as to Gary's RV Centers, LLC by Linda-Lee Scott. Served/Mailed on 8/24/2017. Answer Follow Up on 9/14/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lambert, Michael) |
Filing 6 Return of Service Executed as to Ford Motor Company by Linda-Lee Scott. Served/Mailed on 8/24/2017. Answer Follow Up on 9/14/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Lambert, Michael) |
Filing 5 Partially Assented to MOTION for Mary Jo S. Korona to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1559178.) filed by Camping World RV Sales, Gary's RV Centers, LLC, Thor Motor Coach. Follow up on Objection on 9/25/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Declaration of Mary Jo Korona)(Klementowicz, Henry) |
Filing 4 Partially Assented to MOTION for Stacey E. Trien to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1559170.) filed by Camping World RV Sales, Gary's RV Centers, LLC, Thor Motor Coach. Follow up on Objection on 9/25/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Declaration of Stacey E Trien)(Klementowicz, Henry) |
Filing 3 NOTICE of Attorney Appearance by Henry Klementowicz on behalf of Camping World RV Sales, Gary's RV Centers, LLC, Thor Motor Coach Attorney Henry Klementowicz added to party Camping World RV Sales(pty:dft), Attorney Henry Klementowicz added to party Gary's RV Centers, LLC(pty:dft), Attorney Henry Klementowicz added to party Thor Motor Coach(pty:dft).(Klementowicz, Henry) |
ENDORSED ORDER granting #4 Motion to Appear Pro Hac Vice; granting #5 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Stacey E. Trien and Mary Jo S. Korona submit ECF registrations form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 9/21/2017.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(vln) |
Filing 2 Summonses issued electronically as to Camping World RV Sales, Ford Motor Company, Gary's RV Centers, LLC, Thor Motor Coach. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF.) (lml) |
Filing 1 NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 400, receipt number 0102-1549499 filed by Linda-Lee Scott. (Attachments: #1 Civil Cover Sheet, #2 Summons to Ford Motor Company, #3 Summons to Thor Motor Coach, #4 Summons to Camping World RV Sales, #5 Summons to Gary's RV Centers, LLC). Complaint includes a claim under the NH Consumer Protection Act. A copy of the Complaint has been sent to the NH Attorney General via an automatic Notice of Electronic filing.(Lambert, Michael) |
Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:17-cv-358-PB. Please show this number with the judge designation on all future pleadings. (lml) |
NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (lml) |
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