Peterson et al v. Tiffin Motor Homes, Inc
| Michael Peterson and Dipe, LLC |
| Tiffin Motor Homes, Inc. |
| 3:2020cv00448 |
| March 31, 2020 |
| US District Court for the Northern District of Alabama |
| Liles C Burke |
| Herman N Johnson |
| Contract: Other |
| 15 U.S.C. § 2301 |
| Plaintiff |
Docket Report
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| Filing 53 REPORT of Rule 26(f) Planning Meeting. (Burdge, Ronald) |
Filing 52
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Liles C Burke on 5/4/2020. (AHI)
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| Filing 51 NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, this action has been randomly reassigned to the Honorable Liles C. Burke. Please use case number 3:20-cv-448-LCB on all subsequent pleadings. Magistrate Judge Herman N Johnson, Jr. is no longer assigned to the case. (BJL) |
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Filing 50
TEXT ORDER: The telephone conference scheduled for 4/30/20 at 9:30 a.m. is hereby CANCELED. Signed by Magistrate Judge Herman N Johnson, Jr on 4/29/20. (SHB, )
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| Filing 49 Defendant, Tiffin Motor Homes, Inc.'s ANSWER to #1 Complaint, by Michael Peterson, et als. by Tiffin Motor Homes, Inc..(Bowling, Jeffrey) |
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Filing 48
TEXT ORDER granting #47 Motion for Extension of Time to Answer. Tiffin Motor Homes, Inc. answer due 4/25/2018. Signed by Magistrate Judge Herman N Johnson, Jr on April 15, 2020. (ADH)
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| Filing 47 First MOTION for Extension of Time to File Answer Motion is RIPE 4/15/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Tiffin Motor Homes, Inc.. (Bowling, Jeffrey) |
| Filing 46 NOTICE of Appearance by Jeffrey L Bowling on behalf of Tiffin Motor Homes, Inc. (Bowling, Jeffrey) |
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Filing 45
TEXT ORDER granting #44 Motion to Substitute Attorney. Attorneys Howard P. Klar and Tammy Ann Wilson terminated. Signed by Magistrate Judge Herman N Johnson, Jr on April 13, 2020. (ADH)
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| Filing 44 MOTION to Substitute Attorney Motion is RIPE 4/13/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Tiffin Motor Homes, Inc.. (Bowling, Jeffrey) |
| Filing 43 NOTICE of Appearance by Michael Parrish on behalf of All Plaintiffs (Parrish, Michael) |
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Filing 42
TEXT ORDER granting #41 Motion for Limited Admission. Signed by Magistrate Judge Herman N Johnson, Jr on April 8, 2020. (ADH)
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| Filing 41 MOTION for Limited Admission Plaintiff's Application for Pro Hac Vice of Attorney Ronald L. Burdge Motion is RIPE 4/8/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Dipe, LLC, Michael Peterson. (Burdge, Ronald) |
| PHV Fee paid: $ 75, receipt number 1126-3570000 (B4601105273). (Burdge, Ronald) Modified on 4/9/2020 (AHI). |
| Filing 40 NOTICE of Appearance by Thomas C. Donald on behalf of Dipe, LLC, Michael Peterson (Donald, Thomas) |
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Filing 39
ORDER: Defendants are to file a responsive pleading within 14 days from the date of this order. Signed by Magistrate Judge Herman N Johnson, Jr on 4/1/2020. (AHI)
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Filing 38
ORDER: the parties are hereby notified that, unless they unanimously consent to the exercise of dispositive jurisdiction by a Magistrate Judge by no later than 5/15/20, this case will be reassigned to a randomly-drawn district judge for all purposes. Signed by Magistrate Judge Herman N Johnson, Jr on 4/1/20. (BJL)
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Filing 37
ORDER: The Court SETS a telephone status conference for 9:30 a.m. on Thursday, April 30, 2020. Signed by Magistrate Judge Herman N Johnson, Jr on 4/1/20. (BJL)
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Filing 36
ORDER REGARDING COMPLIANCE WITH RULE 26. Signed by Magistrate Judge Herman N Johnson, Jr on 4/1/20. (BJL)
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| Filing 35 Case transferred in from District of New York Western; Case Number 1:17-cv-01186. Original file certified copy of transfer order and docket sheet received. |
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Filing 34
ORDER re #10 First MOTION to Dismiss or transfer venue filed by Tiffin Motor Homes, Inc; the Clerk of Court shall transfer venue to the Northern District of Alabama. Signed by Hon. John L. Sinatra, Jr. on 3/4/20. (SG) [Transferred from New York Western on 3/31/2020.]
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| Filing 33 REPLY/RESPONSE to re #31 Reply/Response, #29 Objection to Report and Recommendations Defendant's Reply to Plaintiffs' Response to Defendant's Objections to the Court's November 26, 2019 Report and Recommendation/Decision and Order filed by Tiffin Motor Homes, Inc. (Wilson, Tammy) [Transferred from New York Western on 3/31/2020.] |
| Filing 32 TEXT ORDER REASSIGNING CASE to the Hon. John L. Sinatra, Jr. Signed by Mary C. Loewenguth, Clerk of Court, on January 5, 2020.(JMM) [Transferred from New York Western on 3/31/2020.] |
| Filing 31 REPLY/RESPONSE to re #29 Objection to Report and Recommendations Plaintiffs' Response to Defendant's Objections to the Court's November 26, 2019 Report & Recommendation/Decision and Order filed by Dipe, LLC, Michael Peterson. (Burdge, Ronald) [Transferred from New York Western on 3/31/2020.] |
| Filing 30 TEXT ORDER re #29 Objection to #28 Report and Recommendation filed by Tiffin Motor Homes, Inc. Response due by 1/2/2020. Reply due by 1/16/2020. If necessary, the Court will schedule oral argument at later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/11/2019. (CMD) [Transferred from New York Western on 3/31/2020.] |
| Filing 29 OBJECTION to #28 Report and Recommendations /Decision and Order by Tiffin Motor Homes, Inc. (Wilson, Tammy) [Transferred from New York Western on 3/31/2020.] |
| Filing 28 REPORT AND RECOMMENDATION / DECISION AND ORDER re #10 First MOTION to Dismiss for Lack of Jurisdiction filed by Tiffin Motor Homes, Inc. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 11/26/2019. (SDW)[Transferred from New York Western on 3/31/2020.] |
| Filing 27 Letter filed by Tiffin Motor Homes, Inc as to Tiffin Motor Homes, Inc Letter to the Honorable Leslie G. Foschio. (Wilson, Tammy) [Transferred from New York Western on 3/31/2020.] |
| Filing 26 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/19/2019. (CMD) [Transferred from New York Western on 3/31/2020.] |
| Filing 25 MEMORANDUM in Support re #10 First MOTION to Dismiss for Lack of Jurisdiction Defendant's Memorandum of Law in Further Support of Its Motion to Dismiss or in the Alternative, To Transfer Venue, and in Response to Plaintiff's Supplemental Response filed by Tiffin Motor Homes, Inc. (Attachments: #1 Exhibit Exhibit G - affidavit of Binoy George collectively with exhibits, #2 Affidavit Affidavit of Service and Back)(Wilson, Tammy) [Transferred from New York Western on 3/31/2020.] |
| Filing 24 TEXT ORDER re #22 Letter Request filed by Tiffin Motor Homes, Inc. Defendants' response to plaintiffs' #23 supplemental memorandum is due by 7/23/2018. SO ORDERED. Issueed by Hon. Lawrence J. Vilardo on 7/16/2018. (CMD) [Transferred from New York Western on 3/31/2020.] |
| Filing 23 MEMORANDUM in Opposition re #10 First MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Supplemental Memorandum of Law in Opposition to Defendant's Motion to Dismiss or in the Alternative, to Transfer Venue filed by Dipe, LLC, Michael Peterson. (Attachments: #1 Exhibit Exhibit 10 - Supplemental Affidavit of Plaintiff Michael Peterson)(Burdge, Ronald) [Transferred from New York Western on 3/31/2020.] |
| Filing 22 Letter filed by Tiffin Motor Homes, Inc as to Tiffin Motor Homes, Inc Letter regarding Sur Reply. (Wilson, Tammy) [Transferred from New York Western on 3/31/2020.] |
| Filing 21 TEXT ORDER granting plaintiffs' #20 Motion for Leave to File a Supplemental Memorandum of Law. Plaintiffs' supplemental memo of law is due July 9, 2018. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/3/2018. (CMD) [Transferred from New York Western on 3/31/2020.] |
| Filing 20 MOTION for Leave to File Supplemental Memorandum of Law by Dipe, LLC, Michael Peterson. (Attachments: #1 Memorandum in Support Plaintiffs' Memorandum In Support of Motion for Leave to File Supplemental Memorandum of Law in Opposition to Defendant's Motion to Dismiss or in the Alternative, to Transfer Venue)(Burdge, Ronald) [Transferred from New York Western on 3/31/2020.] |
| Filing 19 REPLY to Response to Motion re #10 First MOTION to Dismiss for Lack of Jurisdiction filed by Tiffin Motor Homes, Inc. (Attachments: #1 Exhibit Affidavit of Binoy George, #2 Exhibit PA Secretary of State regarding Slate and Copper, #3 Exhibit Editecnica v. Slate and Copper Co. Complaint and Answer, #4 Affidavit Affidavit of Service and Back)(Wilson, Tammy) [Transferred from New York Western on 3/31/2020.] |
| Filing 18 MEMORANDUM in Opposition re #10 First MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion to Dismiss or in the Alternative, to Transfer Venue filed by Dipe, LLC, Michael Peterson. (Attachments: #1 Exhibit Affidavit of Michael Peterson, #2 Exhibit Colton RV, #3 Exhibit Zephyr Brochure, #4 Exhibit Tiffin 5 Star Warranty, #5 Exhibit Tiffin Limited Warranty, #6 Exhibit Repair Orders, #7 Exhibit Garcia order, #8 Exhibit Affidavit of Ronald Burdge, #9 Exhibit RV Business, #10 Exhibit NADA Values)(Burdge, Ronald) [Transferred from New York Western on 3/31/2020.] |
| Filing 17 TEXT ORDER re #16 Stipulation filed by Michael Peterson & Dipe, LLC. The Stipulation is hereby SO ORDERED. Responses due by 6/14/2018. Replies due by 6/28/2018. No further extensions will be granted absent a motion demonstrating good cause. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 5/16/2018. (APG) [Transferred from New York Western on 3/31/2020.] |
| Filing 16 STIPULATION re #10 First MOTION to Dismiss for Lack of Jurisdiction Third Stipulation to Extend Time to Reply to Defendant Tiffin Motor Homes, Inc. Motion to Dismiss or Alternatively, to Transfer Venue by Dipe, LLC, Michael Peterson. (Burdge, Ronald) [Transferred from New York Western on 3/31/2020.] |
| Filing 15 TEXT ORDER re #14 Stipulation to extend time to file response and reply to #10 First MOTION to Dismiss for Lack of Jurisdiction is HEREBY SO ORDERED. Response due by 5/29/2018. Reply due by 6/12/2018. If necessary, the Court will schedule oral argument at later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/27/2018. (CMD) [Transferred from New York Western on 3/31/2020.] |
| Filing 14 STIPULATION re #10 First MOTION to Dismiss for Lack of Jurisdiction Second Stipulation to Extend time to reply to Defendant Tiffin Motor Homes, Inc. Motion to Dismiss or Alternatively, to Transfer Venue by Dipe, LLC, Michael Peterson. (Burdge, Ronald) [Transferred from New York Western on 3/31/2020.] |
| Filing 13 TEXT ORDER re #12 Stipulation to extend time to file response and reply to #10 First MOTION to Dismiss for Lack of Jurisdiction is HEREBY SO ORDERED. Response due by 4/27/2018. Reply due by 5/11/2018. If necessary, the Court will schedule oral argument at later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/4/2018. (CMD) [Transferred from New York Western on 3/31/2020.] |
| Filing 12 STIPULATION re #10 First MOTION to Dismiss for Lack of Jurisdiction Stipulation to Extend Time to Reply to Defendant Tiffin Motor Homes, Inc. Motion to Dismiss or Alternatively, to Transfer Venue by Dipe, LLC, Michael Peterson. (Burdge, Ronald) [Transferred from New York Western on 3/31/2020.] |
| Filing 11 TEXT ORDER re #10 First MOTION to Dismiss for Lack of Jurisdiction filed by Tiffin Motor Homes, Inc. Responses due by 4/6/2018. Replies due by 4/13/2018. If necessary, the Court will schedule oral argument at later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/23/2018. (CMD) [Transferred from New York Western on 3/31/2020.] |
| Filing 10 First MOTION to Dismiss for Lack of Jurisdiction by Tiffin Motor Homes, Inc. (Attachments: #1 Affidavit Affidavit of Shannon L Werner and Certificate of Conformity, #2 Exhibit Exhibit 1 - Business Entity Record for Tiffin, #3 Exhibit Exhibit 2 - August 19 2016 invoices, #4 Exhibit Exhibit 3 - Tiffin Limited Warranty, #5 Memorandum in Support Memorandum of Law, #6 Exhibit Exhibit A - Affidavit of Shannon Werner with Certificate of Conformity and exhibits, #7 Exhibit Exhibit B - Limited Warranty, #8 Exhibit Exhibit C - Warranty Form, #9 Affidavit Affidavit of Service and Back)(Wilson, Tammy) [Transferred from New York Western on 3/31/2020.] |
| Filing 9 NOTICE of Appearance by Tammy Ann Wilson on behalf of Tiffin Motor Homes, Inc (Wilson, Tammy) [Transferred from New York Western on 3/31/2020.] |
| Filing 8 TEXT ORDER granting #7 Motion for Extension of Time to Answer. The Stipulation to extend defendant's time to answer or otherwise move is hereby SO ORDERED. Tiffin Motor Homes, Inc. answer due 3/23/2018. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/8/2018. (APG) [Transferred from New York Western on 3/31/2020.] |
| Filing 7 Second MOTION for Extension of Time to File Answer by Tiffin Motor Homes, Inc. (Attachments: #1 Exhibit Stipulation agreeing to extension, #2 Affidavit Affidavit of Service and Back)(Klar, Howard) [Transferred from New York Western on 3/31/2020.] |
| Filing 6 TEXT ORDER granting #5 Motion/Stipulation for Extension of Time to Answer by Tiffin Motor Homes, Inc. Defendant's time to answer or move against the complaint is extended to 3/9/2018. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/25/2018. (CMD) [Transferred from New York Western on 3/31/2020.] |
| Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint by Tiffin Motor Homes, Inc.(Klar, Howard) [Transferred from New York Western on 3/31/2020.] |
| Filing 4 WAIVER OF SERVICE Returned Executed by Tiffin Motor Homes, Inc. (Klar, Howard) [Transferred from New York Western on 3/31/2020.] |
| Filing 3 Summons Issued as to Tiffin Motor Homes, Inc. (KM) [Transferred from New York Western on 3/31/2020.] |
| Filing 2 Original Summons Filed. (Burdge, Ronald) [Transferred from New York Western on 3/31/2020.] |
| Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of on-line civil opening. (KM) [Transferred from New York Western on 3/31/2020.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KM) [Transferred from New York Western on 3/31/2020.] |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM) [Transferred from New York Western on 3/31/2020.] |
| Filing 1 COMPLAINT against Tiffin Motor Homes, Inc $ 400 receipt number 0209-2950700, filed by Michael Peterson, DIPE, LLC. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service, #3 Certificate of Service)(Burdge, Ronald) [Transferred from New York Western on 3/31/2020.] |
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