Sutton v. Tiffin Motor Homes, Inc. et al
| Shannon Nichole Sutton |
| Tiffin Motor Homes, Inc. and Ford Motor Company |
| 3:2023cv00144 |
| February 6, 2023 |
| US District Court for the Northern District of Alabama |
| Northwestern Office |
| Liles C Burke |
| C Lynwood Smith |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Both |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
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Filing 35
ORDER: The Court, having read and considered the attorneys' responses, does not find that contempt or sanctions are necessary at this point. However, all counsel are reminded that this Court takes such matters seriously and will not be tolerant of similar conduct going forward. Signed by Judge Liles C Burke on 11/22/2023. (AHI)
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Filing 34
RESPONSE TO ORDER TO SHOW CAUSE by Tiffin Motor Homes, Inc.. filed by Tiffin Motor Homes, Inc. (Attachments: #1 Exhibit A - email)(Bolt, Weathers)
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Filing 33
REPLY to Order to Show Cause filed by Shannon Nichole Sutton. (Attachments: #1 Exhibit Notice of Appearance, #2 Exhibit Order, #3 Exhibit Release Order, #4 Exhibit Release Order)(Davis, Julian)
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Filing 32
Response to Order to Show Cause by Shannon Nichole Sutton. (Attachments: #1 Exhibit Notice of Appearance, #2 Exhibit Court Order)(Davis, Julian) Modified on 11/17/2023 (LCB)
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Filing 31
ORDER TO SHOW CAUSE: The counsel for the Plaintiff and Counsel for Tiffin Motor Homes are hereby ORDERED TO SHOW CAUSE in writing as to why they should not be held in contempt and sanctioned for failing to appear at a scheduled hearing. Written responses shall be filed no later than 4:30 p.m. on November 17, 2023 as more fully set out in order. Signed by Judge Liles C Burke on 11/16/2023. (LCB)
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Minute Entry for proceedings held before Judge Liles C Burke: In Person Status Conference held on 11/15/2023; Jeffrey Cannon, Jr. present for dft Ford Motor Company; Counsel for plaintiff, Shannon Nichole Sutton and defendant, Tiffin Motor Homes, Inc, did not appear. (Court Reporter Christina Decker.) (SPT )
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Filing 30
NOTICE of Appearance by Grace Ann Garner on behalf of Tiffin Motor Homes, Inc. (Garner, Grace)
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Filing 29
TEXT ORDER that the In Person Status Conference is RESET for 10:00 a.m. on Wednesday, 11/15/23, in the John McKinley Federal Building, Florence, AL before the undersigned. Signed by Judge Liles C Burke on 9/25/23. (SPT )
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Filing 28
STIPULATED PROTECTIVE ORDER: The Court GRANTS the Motion for entry of a protective order and certain documents and information shall remain confidential as set out in this order. Signed by Judge Liles C Burke on 3/29/2023. (AHI)
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Filing 27
MOTION for Protective Order by Ford Motor Company. (Donald, Brian)
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Filing 26
SCHEDULING ORDER: Certain time limits and deadlines apply as set out in this order; Discovery due by 12/15/2023; Dispositive Motions due by 1/12/2024; Final Witness and Exhibit Lists due by 2/16/2024; Trial ready by 3/2024; an In Person Status Conference is set for 10/11/2023 09:00 AM in John McKinley Federal Building, Florence, AL before Judge Liles C Burke. Signed by Judge Liles C Burke on 3/27/2023.
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Filing 25
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A - Stipulated Sharing and Non-Sharing Protective Order)(Cannon, Jeffrey)
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Filing 24
ANSWER to Complaint by Tiffin Motor Homes, Inc..(Bolt, Weathers)
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Filing 23
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Liles C Burke on 2/8/2023. (AHI)
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Filing 22
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 3:23-cv-144-LCB on all subsequent pleadings. Magistrate Judge Herman N. Johnson, Jr is no longer assigned to this case. (LCB)
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Filing 21
ORDER REASSIGNING CASE: Case reassigned to Judge Liles C Burke for all further proceedings. Judge Magistrate Judge Herman N Johnson, Jr no longer assigned to case. Signed by Magistrate Judge Herman N Johnson, Jr on 2/7/2023. (LCB)
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Filing 20
NOTICE OF REASSIGNMENT: This action has been reassigned to the Honorable Herman N. Johnson, Jr. Please use case number 3:23-cv-144-HNJ on all subsequent pleadings. Judge C Lynwood Smith, Jr no longer assigned to the case. (AHI)
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Filing 19
Case transferred in from District of Alabama Middle; Case Number 2:23-cv-00049. Original file certified copy of transfer order and docket sheet received.
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Filing 18
OPINION AND ORDER: it is ORDERED that the Defendant's motion to transfer (doc. #2 ) and the parties' joint motions to transfer (docs. #14 and #16 ) are GRANTED and that this case is transferred to the United States District Court for the Northern District of Alabama. Northwest Division. It is further ORDERED that the Defendant's motion to dismiss (doc. #2 ) is DENIED as moot. The Clerk of the Court is DIRECTED to take the necessary action to transfer this case to the United States District Court for the Northern District of Alabama, Northwest Division. Signed by Chief Judge Emily C. Marks on 02/06/2023. (tha, ) [Transferred from Alabama Middle on 2/6/2023.]
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Case transferred to the Northern District of Alabama. Electronically transferred via CM/ECF to Clerk. (no pdf attached to this entry) (tha, ) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 17
Case Reassigned to Chief Judge Emily C. Marks as Presiding Judge and Honorable Judge Jerusha T. Adams as the referral Judge. Honorable Judge Jerusha T. Adams no longer assigned to the case as the Presiding Judge. (tha, ) [Transferred from Alabama Middle on 2/6/2023.]
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Motions No Longer Referred: #14 Joint MOTION to Transfer to NDAL, #2 MOTION to Change Venue MOTION to Dismiss, #16 Joint MOTION to Transfer. (no pdf attached to this entry) (tha, ) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 16
Joint MOTION to Transfer by Shannon Nichole Sutton, Tiffin Motor Homes, Inc., & Ford Motor Company. (Davis, Julian) Modified on 2/2/2023 to add joint filers(am, ). [Transferred from Alabama Middle on 2/6/2023.]
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Filing 15
TEXT ORDER: Before the court is the parties' notice that they "consent to the jurisdiction of Magistrate Judge Jerusha T. Adams to effectuate...transfer" of this case to the Northern District of Alabama, Northwest Division. (Doc. No. #14 .) It is ORDERED that, on or before 2/1/2023, the parties shall provide the Clerk of the Court with written notice of their consent to the United States Magistrate Judge conducting all further proceedings in this case; the parties shall provide the notice using the form provided them by the Clerk. The parties are further advised that litigants, without concern for any adverse consequences, freely may decline consent to the jurisdiction of a Magistrate Judge. In the event that any party does not provide timely written notice to the Clerk of consent to the exercise of jurisdiction by the Magistrate Judge as directed in this Order, the case shall be reassigned to a United States District Judge. Signed by Honorable Judge Jerusha T. Adams on 1/27/2023. (dmn, ) (no pdf) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 14
Joint MOTION to Transfer to NDAL by Tiffin Motor Homes, Inc., Ford Motor Company, & Shannon Nichole Sutton. (Bolt, Weathers) Modified on 1/26/2023 to add joint filers(am, ). Modified on 1/27/2023 to reflect actual title. (dmn, ) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 13
ORDER:it is ORDERED that on or before 2/7/2023, the plaintiff shall SHOW CAUSE in writing as to why the #2 motion to dismiss filed by the defendant should not be granted; The defendant shall file a reply on or before 2/14/2023. Signed by Honorable Judge Jerusha T. Adams on 1/24/2023. (am, ) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 12
ORDER: DIRECTING that the parties should now make their selection in writing to consent or request reassignment; DIRECTING the parties to complete the appropriate attached form so that the form is received by the Clerk on or before 2/14/2023, as further set out in Order. Signed by Honorable Judge Jerusha T. Adams on 1/24/2023. (am, ) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 11
NOTICE of Assignment to Magistrate Judge sent to counsel for Ford Motor Company. (am, ) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 10
NOTICE of Appearance by Jeffrey Bartow Cannon, Jr on behalf of Ford Motor Company (Cannon, Jeffrey) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 9
Corporate/Conflict Disclosure Statement by Ford Motor Company. (Donald, Brian) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 8
JOINDER re #2 MOTION to Change Venue MOTION to Dismiss by Ford Motor Company. (Donald, Brian) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 7
CONSENT TO #1 Removal by Ford Motor Company (Donald, Brian) Modified on 1/24/2023 to clarify text as reflected in pleading(am, ). [Transferred from Alabama Middle on 2/6/2023.]
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Filing 6
ANSWER to Complaint with Jury Demand by Ford Motor Company.(Donald, Brian) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 5
NOTICE of Assignment to Magistrate Judge sent to counsel for Shannon Nichole Sutton & Tiffin Motor Homes, Inc. (am, ) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 4
Case Assigned to Honorable Judge Jerusha T. Adams as presiding judge. (am, ) [Transferred from Alabama Middle on 2/6/2023.]
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NOTICE of Filing #1 Removal to State Court by Tiffin Motor Homes, Inc. (NO PDF - See doc #1 ) (am, ) [Transferred from Alabama Middle on 2/6/2023.]
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MEMORANDUM in Support of #2 MOTION to Change Venue & MOTION to Dismiss filed by Tiffin Motor Homes, Inc. (NO PDF - See doc #2 ) (am, ) [Transferred from Alabama Middle on 2/6/2023.]
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COMPLAINT against Ford Motor Company, Tiffin Motor Homes, Inc., filed by Shannon Nichole Sutton. (NO PDF - See doc #1 )(am, ) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 3
Corporate/Conflict Disclosure Statement by Tiffin Motor Homes, Inc.. (Bolt, Weathers) [Transferred from Alabama Middle on 2/6/2023.]
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Filing 2
MOTION to Dismiss or in the alternative MOTION to Transfer Venue by Tiffin Motor Homes, Inc.. (Attachments: #1 Exhibit 1 - limited warranty, #2 Exhibit 2 - warranty registration)(Bolt, Weathers). Added MOTION to Dismiss on 1/23/2023 & clarify text (am, ). [Transferred from Alabama Middle on 2/6/2023.]
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Filing 1
NOTICE OF REMOVAL by Tiffin Motor Homes, Inc. from Circuit Court of Montgomery County, AL, case number CV-22-901569. ( Filing fee $ 402 receipt number AALMDC-3354686) , filed by Tiffin Motor Homes, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - complaint, #3 Exhibit 2 - tiffin served, #4 Exhibit 3 - state filings, #5 Exhibit 4 - state notice)(Bolt, Weathers) [Transferred from Alabama Middle on 2/6/2023.]
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