Fox v. Forest River, Inc. et al
| Fox and Rose J. Fox |
| Forest River, Inc, Forest River, Inc., Boat-N-RV Warehouse and Ford Motor Company |
| Victoria A. Graffeo |
| 1:2016cv00770 |
| June 28, 2016 |
| US District Court for the Northern District of New York |
| Albany Office |
| Greene |
| Daniel J Stewart |
| Glenn T Suddaby |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Both |
Docket Report
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This docket was last retrieved on December 7, 2017. A more recent docket listing may be available from PACER.
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Filing 49
ORDER OF DISMISSAL BY REASON OF SETTLEMENT. Signed by Magistrate Judge Daniel J. Stewart on 12/7/2017. (dpk)
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Filing 48
NOTICE of Settlement by Rose J. Fox (Hirnyk, Vlad)
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Filing 47
TEXT ORDER. On September 29, 2017, Plaintiff filed a request for a pre-motion conference regarding a Motion for Leave to Amend the Complaint. Dkt. No. #43 . On October 13, 2017, a conference was held with all parties. Defendants were heard regarding the Proposed Amended Complaint as well as the status of settlement. For the reasons stated at the conference, Plaintiff's request to file an Amended Complaint is GRANTED. Plaintiff is further directed to file a letter with the Court on or before October 20, 2017 regarding the status of settlement. If the matter does not settle, Plaintiff is authorized to file the Amended Complaint by October 27, 2017. IT IS SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/13/2017. (dpk)
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Filing 46
STATUS REPORT by Rose J. Fox. (Hirnyk, Vlad)
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Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Status Conference held on 10/13/2017. Appearances: Jenny DeFrancisco, Esq. for Plaintiff; Diane Lufkin Schilling, Esq. for Defendant Forest River; James Steven Dobis for Defendant Ford Motor Company. Parties are heard regarding the proposed Amended Complaint and the status of settlement. The Court directs plaintiffs to file a Status Report regarding settlement by October 20, 2017. The Court grants the Plaintiffs Motion for Leave to Amend but directs that the Amended Complaint be filed after October 27, 2017. A separate Order will be entered. (CRD: Daniel Krug/Court Reporter Theresa Casal) (dpk)
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Filing 45
NOTICE of Appearance by Jenny D. DeFrancisco on behalf of Rose J. Fox (DeFrancisco, Jenny)
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Filing 44
TEXT ORDER. On September 29, 2017, Plaintiff filed a letter request for a pre-motion conference. Dkt. No. #45 . Plaintiff's request is GRANTED. A telephone conference has been set for October 13, 2017 at 10:00 AM before the undersigned. Counsel for all parties are directed to DIAL IN at 888-363-4735 and use Access Code 5086356 and use Security Code 1234 to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/4/2017. (dpk)
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Filing 43
Letter Motion from Vlad Hirnyk for Rose J. Fox requesting Pre-Motion Conference re Leave to Amend Complaint submitted to Judge Daniel J. Stewart . (Hirnyk, Vlad)
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Filing 42
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Victoria A. Graffeo has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Vlad Hirnyk, Esq., James S. Dobis, Esq., and Diane Lufkin Schilling, Esq. and. Dated: September 28, 2017(Hirnyk, Vlad)
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Filing 41
CONSENT ORDER: to Jurisdiction by US Magistrate Judge, stipulation signed by counsel, approved by Chief Judge Glenn T. Suddaby on 9/18/2017. Case reassigned to Magistrate Judge Daniel J. Stewart as the presiding judge for all further proceedings in this case. (jmb)
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Filing 40
STIPULATION TO CONSENT TO JURISDICTION BY A MAGISTRATE JUDGE: filed by Rose J. Fox, Forest River, Inc., and Ford Motor Company, submitted to Judge Glenn T. Suddaby. (Attachments: #1 Cover Letter & Mailing Envelope) (jmb)
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Filing 39
ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: This case is referred to participation in the Mandatory Mediation Program. The parties should refer to General Order #47. The deadline for completion of Mandatory Mediation is 11/30/2017. The deadline for parties to select a Mediator is 10/3/2017. Signed by Magistrate Judge Daniel J. Stewart on 9/5/2017. (dpk)
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Filing 38
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial is 2 days. Preferred Trial Location is Albany, NY. Joinder of Parties due by 9/29/2017. Amended Pleadings due by 9/29/2017. The Court will issue a separate Order referring this action into the Mandatory Mediation Program. The deadline to complete Mandatory Mediation is 11/30/2017. Discovery due by 3/30/2018. Motions to be filed by 4/26/2018. Status Report due by 10/13/2017. Signed by Magistrate Judge Daniel J. Stewart on 9/5/2017. (dpk)
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Filing 37
Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 8/31/2017. Appearances: Vlad Hirnyk for Plaintiff; Diane Lufkin Schilling for Defendant Forest River, Inc.; James Steven Dobis for Defendant Ford Motor Company. Parties are heard regarding settlement prospects. At this time settlement discussion is on-going; the Court sets Scheduling Order deadlines. A Uniform Pretrial Scheduling Order will be issued. (Time: 10:00 a.m. - 10:12 a.m.) (dpk)
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Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 7/27/2017. Appearances: Vlad Hirnyk, Esq. for Plaintiff; Diane Schilling, Esq. and James Dobis, Esq. for Defendants. The Court hears from the parties as to their positions in this matter and as to how they intend to proceed. Plaintiff has made an initial demand and Defendants have made an initial offer. Judge Stewart speaks to the parties separately to determine the possibility of settlement. The Court adjourns the conference for 30 days to allow parties to contemplate settlement. The Rule 16 Initial Conference is RESCHEDULED for 8/31/2017 at 10:00 AM before Magistrate Judge Daniel J. Stewart and will be conducted by telephone. At that time settlement will be discussed and if settlement cannot be reached, then a Scheduling Order will be issued. (TIME: 10:58AM-11:43AM). (mab)
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Filing 36
ORDER approving #34 Stipulation of Dismissal without prejudice Defendant Ford Motor Company's cross-claims against Defendant Boat-N-RV Warehouse. Signed by Chief Judge Glenn T. Suddaby on 7/20/17. (lmw)
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Filing 35
CIVIL CASE MANAGEMENT PLAN by Rose J. Fox. (Hirnyk, Vlad)
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Filing 34
STIPULATION of Dismissal of Cross-Claims of Ford Motor Company by Boat-N-RV Warehouse submitted to Judge Suddaby. (Willan, Paige)
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Filing 33
TEXT ORDER: The Rule 16 Initial Conference in this matter is scheduled for July 27, 2017 at 11:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before July 20, 2017. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/27/2017. (mab)
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Filing 32
ORDER approving #31 Stipulation of Dismissal with prejudice of Defendant Forest River, Inc.'s Cross-Claims against Defendant Boat-N-RV Warehouse only. Any and all claims or cross-claims brought by Defendant Ford Motor Company against Defendant Boat-N-RV Warehouse remain pending. Signed by Chief Judge Glenn T. Suddaby on 6/26/17. (lmw)
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Filing 31
STIPULATION of Dismissal of Cross-Claims of Forest River, Inc. by Boat-N-RV Warehouse submitted to Judge Suddaby. (Willan, Paige)
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Filing 30
DECISION AND ORDER denying #16 Defendant Boat-N-RV Warehouse's motion to compel arbitration and stay or dismiss this action. Plaintiff's claims against Defendants Forest River and Ford Motor Company; Defendant Forest River's cross-claims; and Defendant Ford Motor Company's cross-claims REMAIN PENDING in this case; and this case is referred back to United States Magistrate Judge Daniel J. Stewart for discovery and the setting of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 6/16/17. (lmw)
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Filing 29
ORDER approving #28 Stipulation of Dismissal. All of Plaintiffs claims against Defendant Boat-N-RV Warehouse are dismissed, but any and all claims or cross-claims brought by Defendants Forest River, Inc. and Ford Motor Company against Boat-N-RV Warehouse remain and are unaffected by such stipulation. Signed by Chief Judge Glenn T. Suddaby on 12/21/16. (lmw)
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Filing 28
STIPULATION of Dismissal Without Prejudice as to Defendant Boat-N-RV Warehouse by Rose J. Fox submitted to Judge Glenn T. Suddaby. (Hirnyk, Vlad)
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Filing 27
TEXT ORDER denying #26 Stipulation of Dismissal as to Defendant Boat-N-RV Warehouse only as it fails to comply with Fed.R.Civ.P. 41(a)(1)(A)(ii) which requires the stipulation to be signed by all parties who have appeared. Counsel is directed to refile a stipulation signed by counsel for all parties who have appeared. SO ORDERED by Chief Judge Glenn T. Suddaby on 11/29/16. (lmw)
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Filing 26
STIPULATION of Dismissal Without Prejudice as to Defendant Boat-N-RV Warehouse by Rose J. Fox submitted to Judge Glenn T. Suddaby. (Lemberg, Sergei)
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Filing 25
AFFIDAVIT re #16 MOTION to Stay MOTION Compel Arbitration and Dismiss and/or Stay of Diane Lufkin Schilling, Esq. by Forest River, Inc.. (Attachments: #1 Certificate of Service)(Schilling, Diane)
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Filing 24
ORDER approving #23 Stipulation: the #16 Motion to Stay/Compel Arbitration/Dismiss is rescheduled for 12/15/16 on submission of motion papers before Chief Judge Glenn T. Suddaby. Response to motion due by 11/28/16. Reply to response to motion due by 12/5/16. Signed by Chief Judge Glenn T. Suddaby on 10/3/16. (lmw)
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Filing 23
STIPULATION re #16 MOTION to Stay MOTION Compel Arbitration and Dismiss and/or Stay wherein Parties stipulate and agree to adjourn briefing schedule by Rose J. Fox submitted to Judge Hon. Glenn T. Suddaby. (Hirnyk, Vlad)
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Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 9/26/2016. Appearances: Vlad Hirnyk, Esq. for Plaintiff; Diane Schilling, Esq., Paige Willan, Esq. and James Dobis, Esq. for Defendants. Counsel advise that there is a pending Motion to Compel Arbitration and Dismiss/Stay before the Chief Judge Suddaby in this matter. The Court discusses the possibility of resolution. Counsel are all in agreement that discovery should be stayed pending a decision on that motion, however, Plaintiff would like to proceed with an inspection of the subject vehicle. Defendants are in agreement with the inspection. The Court agrees to stay discovery until Judge Suddaby issues a decision on the pending motion, however, counsel are to exchange Mandatory Disclosures within 7 days in order to assist in scheduling the inspection of the subject vehicle and to assist in reaching a possible resolution. No other deadlines are set at this time. No further Order will be issued (TIME: 9:03AM-9:15AM). (mab)
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Filing 22
TEXT ORDER: On September 16, 2016, counsel for Defendant Forest River, Inc. filed a Letter Request, on behalf of all counsel, seeking permission to appear for the Rule 16 Initial Conference in this matter by telephone rather than in-person. Dkt. No. #18 . Based upon the reasons set forth in the submission, the request is GRANTED and all counsel may appear for the Rule 16 Initial Conference scheduled for September 26, 2016 at 9:00 AM before the undersigned by telephone. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 9/21/2016. (mab)
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Filing 21
NOTICE of Appearance by Vlad Hirnyk on behalf of Rose J. Fox (Hirnyk, Vlad)
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Filing 20
RESPONSE in Opposition re #16 MOTION to Stay MOTION Compel Arbitration and Dismiss and/or Stay filed by Ford Motor Company. (Attachments: #1 Certificate of Service)(Dobis, James)
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Filing 19
CIVIL CASE MANAGEMENT PLAN by Rose J. Fox. (Attachments: #1 Addendum)(Hirnyk, Vlad)
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Filing 18
Letter Motion from Diane Lufkin Schilling, Esq. for Forest River, Inc., Forest River, Inc., Forest River, Inc. requesting Initial Rule 16 conference be conducted via telephone submitted to Judge Daniel J. Stewart . (Schilling, Diane)
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Filing 17
SUMMONS Returned Executed by Rose J. Fox. Forest River, Inc. served on 9/8/2016, answer due 9/29/2016. (Lemberg, Sergei)
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TEXT NOTICE of Hearing on #16 MOTION to Compel Arbitration and Dismiss or Stay proceedings: Motion Hearing set for 10/20/2016 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 10/3/2016. Reply to Response to Motion due by 10/11/2016. (lmw)
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Filing 16
MOTION to Stay , MOTION Compel Arbitration and Dismiss and/or Stay Motion Hearing set for 10/20/2016 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 10/3/2016 filed by Boat-N-RV Warehouse. (Attachments: #1 Memorandum of Law In Support of Motion to Compel Arbitration, #2 Declaration of Paige M. Willan, #3 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Willan, Paige)
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Filing 15
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Forest River, Inc. identifying Corporate Parent Berkshire Hathaway, Inc. for Forest River, Inc., Forest River, Inc., Forest River, Inc... (Attachments: #1 Certificate of Service)(Schilling, Diane)
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Filing 14
VERIFIED ANSWER to #11 Answer to Complaint, Crossclaim, #1 Complaint , VERIFIED ANSWER to #11 Answer to Complaint, Crossclaim, #1 Complaint , CROSSCLAIM against Boat-N-RV Warehouse, Ford Motor Company by Forest River, Inc.. (Attachments: #1 Certificate of Service)(Schilling, Diane)
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Filing 13
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Boat-N-RV Warehouse. (Willan, Paige)
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Filing 12
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Ford Motor Company. (Dobis, James)
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Filing 11
ANSWER to #1 Complaint , CROSSCLAIM against Boat-N-RV Warehouse, Forest River, Inc. by Ford Motor Company. (Attachments: #1 Certificate of Service)(Dobis, James)
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Filing 10
NOTICE of Appearance by Paige M. Willan on behalf of Boat-N-RV Warehouse (Willan, Paige)
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Filing 9
NOTICE of Appearance by Diane Lufkin Schilling on behalf of Forest River, Inc. (Attachments: #1 Certificate of Service)(Schilling, Diane)
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Filing 8
NOTICE of Appearance by Eugene D. Napierski on behalf of Forest River, Inc. (Attachments: #1 Certificate of Service)(Napierski, Eugene)
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Filing 7
TEXT ORDER: Based upon the Stipulation filed on September 15, 2016, Dkt. No. #4 , the deadline in which Defendant, Boat-N-RV Warehouse, is to file an Answer or otherwise respond to the Complaint in this matter is extended to September 16, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/17/2016. (mab)
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Filing 6
SUMMONS Returned Executed by Rose J. Fox. Ford Motor Company served on 8/2/2016, answer due 8/23/2016. (Lemberg, Sergei)
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Filing 5
SUMMONS Returned Executed by Rose J. Fox. Boat-N-RV Warehouse served on 7/27/2016, answer due 8/17/2016. (Lemberg, Sergei)
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Filing 4
STIPULATION Extending Defendant Boat-N-RV Warehouse's Time to Answer or Move by Rose J. Fox submitted to Judge Glenn T. Suddaby. (Lemberg, Sergei)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/26/2016 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/19/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (lah)
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Filing 2
Summons Issued as to Forest River, Inc. (Attachments: Summonses as to #1 Boat-N-RV Warehouse, #2 Ford Motor Company)(lah)
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Filing 1
COMPLAINT against Boat-N-RV Warehouse, Ford Motor Company, Forest River, Inc. (Filing fee $400 receipt number 0206-3713191) filed by Rose J. Fox. (Attachment: #1 Civil Cover Sheet)(lah)
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