Meyer et al v. Korges Enterprises Incorporated
| Dennis Meyer and Dorothy Meyer |
| Braun Corporation, Newmar Corporation, Korges Enterprises Incorporated and Korges Enterprises Incorporated doing business as Desert Autoplex RV |
| 2:2020cv01215 |
| June 18, 2020 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| James A Teilborg |
| Contract: Other |
| 15 U.S.C. § 2301 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 68 *ANSWER to #42 Second Amended Complaint by Korges Enterprises Incorporated.(Enos, Christopher) *Modified text on 7/17/2020 (WLP). |
| Filing 67 NOTICE re: Suggestion of Death by Dennis Meyer, Dorothy Meyer . (Burdge, Ronald) |
| Remark: Out of state attorneys Scarlett Steuart and Alice J Springer removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel of record. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 66
ORDER granting #65 Stipulation to Extend the Deadline to Answer, and continuing the deadline to 7/17/2020 for Korges to answer Plaintiffs' Second Amended Complaint. The parties should not anticipate any further extensions of this deadline. Signed by Senior Judge James A. Teilborg on 6/30/2020. (RMW)
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| Filing 65 MOTION for Extension of Time to File Answer re: #42 Amended Complaint by Korges Enterprises Incorporated. (Attachments: #1 Text of Proposed Order)(Apodaca, Andrew) |
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Filing 64
ORDER (text only): Upon the Court's review of the docket, IT IS ORDERED that the motion to dismiss for lack of personal jurisdiction (Doc. #25 ) is denied as moot as a result of the Order at Doc. 56. It is further ordered than the answer of Defendant Korges Enterprises Incorporated remains due by today. (See Fed. R. Civ. P. 12(a)(4)(A)). Ordered by Senior Judge James A. Teilborg on 6/30/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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Filing 63
RULE 16 SCHEDULING ORDER: IT IS ORDERED that, to the extent this case was previously stayed, the stay is lifted. Consistent with the Joint Status Report (Doc. #61 ), the motion at Doc. #34 is denied as moot. Discovery is due by 3/31/2021. Dispositive motions are due by 4/30/2021. See attachments for details. Signed by Senior Judge James A Teilborg on 6/25/2020. (CLB)
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| Filing 61 STATUS REPORT Joint Status Report by Dennis Meyer, Dorothy Meyer. (Burdge, Ronald) |
| Filing 62 NOTICE TO FILER OF DEFICIENCY re: #60 Notice of Appearance/Association of Counsel filed by Korges Enterprises Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
| Filing 60 NOTICE of Appearance by Christopher Lawrence Enos on behalf of Korges Enterprises Incorporated. (Enos, Christopher) |
| Remark: Pro hac vice motion(s) granted for Ronald L Burdge on behalf of Plaintiffs Dennis Meyer, Dorothy Meyer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 59 LETTER Re Transfer of 3:19-cv-00755-JD (MGG) from the Northern District of Indiana to the District of Arizona. New Case Number: CV-20-01215-PHX-JAT. (MAP) |
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Filing 58
ORDER (text only): This case having been recently assigned to this Court, IT IS ORDERED that the parties shall file a joint status report by 6/25/2020 addressing: 1) whether the motion at Doc. #34 was rendered moot but the Court's Order at Doc. #56 ; and 2) listing all outstanding Rule 16 deadlines in this case. Ordered by Senior Judge James A. Teilborg on 6/18/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 57 CASE TRANSFERRED IN from District of Indiana Northern; Case Number 3:19-cv-00755 . Original file certified copy of transfer order and docket sheet received |
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Filing 56
OPINION AND ORDER: DENYING #43 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue filed by Korges Enterprises, Inc, but pursuant to the forum-selection clause found in the RV Bill of Sale, finds that severance of the Plaintiffs' claims against Autoplex is appropriate, so the Court grants the motion #43 in that respect. Under 28 U.S.C. 1404(a), the Clerk of the Court is directed to sever the claims of the Plaintiffs against Desert Autoplex and to transfer it to the District of Arizona in Phoenix. This Court will retain jurisdiction over the Plaintiffs' suit against the Newmar Corporation and the Braun Corporation. Signed by Chief Judge Jon E DeGuilio on 6/16/2020. (lhc) [Transferred from innd on 6/18/2020.]
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Filing 55
ORDER GRANTING IN PART and DENYING IN PART #54 Motion. The Rule 16(b) Scheduling Order #40 is AMENDED as follows: Mediation deadline: October 31, 2020; Plaintiffs' expert disclosures and reports: December 30, 2020; Defendants' expert disclosures and reports: January 30, 2021. All other deadlines set forth in the original Rule 16(b) Scheduling Order REMAIN in full force and effect. Depending upon the trajectory of the COVID-19 pandemic or other matters affecting the course of discovery in this case, the Court will entertain an appropriate motion for additional modification of the Rule 16(b) Scheduling Order as deemed appropriate. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/4/20. (ksp) [Transferred from innd on 6/18/2020.]
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| Filing 54 MOTION Motion by Parties to Extend Scheduling Order Deadline re #40 Rule 16 Preliminary Pretrial Conference,,, by Defendant Newmar Corporation. (Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
| Filing 53 AMENDED DOCUMENT by Newmar Corporation. Amendment to #14 Corporate Disclosure Statement Defendant Newmar Corporation's Amended Rule 7.1 Disclosure Statement. (Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
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Filing 52
ORDER granting #50 Motion for Extension of Time to File Reply. Text only entry by Judge Jon E DeGuilio on 2/26/2020. (jss) [Transferred from innd on 6/18/2020.]
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| Filing 51 REPLY to Response to Motion re #43 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue filed by Korges Enterprises, Inc. (Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 50 MOTION for Extension of Time to File Response/Reply as to #43 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue by Defendant Korges Enterprises, Inc. (Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 49 RESPONSE to Motion re #43 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue Plaintiffs' Memorandum in Opposition to Defendant Korges Enterprises, Inc.'s DBA Desert Autoplex RV's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss for Improper Venue filed by Dennis Meyer, Dorothy Meyer. (Attachments: #1 Exhibit Affidavit of Dennis Meyer, #2 Exhibit Affidavit of Dorothy Meyer, #3 Exhibit Affidavit of Counsel Scarlett Steuart)(Steuart, Scarlett) [Transferred from innd on 6/18/2020.] |
| Filing 48 Newmar Corporation's ANSWER to #46 Answer to Amended Complaint, Crossclaim Third Crossclaim by the Braun Corporation by Newmar Corporation.(Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
| Filing 47 ANSWER to #45 Answer to Amended Complaint, Crossclaim by The Braun Corporation.(Papageorge, John) [Transferred from innd on 6/18/2020.] |
| Filing 46 ANSWER to #42 Amended Complaint (Second), CROSSCLAIM against Newmar Corporation by The Braun Corporation.(Papageorge, John) [Transferred from innd on 6/18/2020.] |
| Filing 45 Newmar Corporation's ANSWER to #42 Amended Complaint Affirmative Defenses and, CROSSCLAIM against The Braun Corporation by Newmar Corporation.(Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
| Filing 44 BRIEF in Support of #43 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue filed by Korges Enterprises, Inc. (Attachments: #1 Exhibit A and A-1)(Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 43 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue by Defendant Korges Enterprises, Inc. (Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 42 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Dennis Meyer, Dorothy Meyer.(Burdge, Ronald) [Transferred from innd on 6/18/2020.] |
| Filing 41 RESPONSE to Motion re #34 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue Plaintiffs' Memorandum in Opposition to Defendant Korges Enterprises, Inc.'s DBA Desert Autoplex RV's Motion to Dismiss for Lack of Personal Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue filed by Dennis Meyer, Dorothy Meyer. (Attachments: #1 Exhibit Affidavit of Dennis Meyer, #2 Exhibit Affidavit of Dorothy Meyer)(Steuart, Scarlett) [Transferred from innd on 6/18/2020.] |
| Filing 40 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 1/7/2020. before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Burdge. Dft appeared by atty Duncan, Schoetzow, Papageorge, Springer. Expert Discovery deadline is 3/31/2021. Discovery as to Korges Enterprises, Inc, d/b/a Desert Autoplex RV is STAYED pending ruling of Motion to Dismiss. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 10/30/2020. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 11/30/2020. Initial Disclosures to be exchanged by 1/10/2020. Mediator Selection Deadline is 2/17/2020. Mediation to be completed by 8/30/2020. Deadline for Amendments due 45 days after ruling on Motion to Dismiss. Deadline for an discovery-related non dispositive motions shall be filed 30 days prior to the discovery deadline 03/01/2021. Magistrate Consent forms due by 1/28/2020. (slm) [Transferred from innd on 6/18/2020.] |
| Filing 39 NOTICE of Appearance by Scarlett M Steuart on behalf of All Plaintiffs (Steuart, Scarlett) [Transferred from innd on 6/18/2020.] |
| Filing 38 ANSWER to #37 Answer to Amended Complaint, Crossclaim by The Braun Corporation.(Papageorge, John) [Transferred from innd on 6/18/2020.] |
| Filing 37 Newmar Corporation's ANSWER to #28 Amended Complaint Affirmative Defenses, CROSSCLAIM against The Braun Corporation by Newmar Corporation.(Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
| Filing 36 ANSWER to #28 Amended Complaint , Affirmative Defenses and, CROSSCLAIM against Newmar Corporation by The Braun Corporation.(Papageorge, John) [Transferred from innd on 6/18/2020.] |
| Filing 35 BRIEF in Support of #34 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue filed by Korges Enterprises, Inc. (Attachments: #1 Exhibit A and A-1)(Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 34 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Motion to Dismiss for Improper Venue by Defendant Korges Enterprises, Inc. (Springer, Alice) [Transferred from innd on 6/18/2020.] |
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Filing 33
ORDER granting #32 Motion to Continue.Telephonic Rule 16 Preliminary Pretrial Conference set for 1/7/2020 11:30 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Approved by Magistrate Judge Michael G Gotsch, Sr on 12/10/19. (slm) [Transferred from innd on 6/18/2020.]
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| Filing 32 MOTION to Continue Plaintiffs Motion to Continue December 11, 2019 Rule 16 Preliminary Pretrial by Plaintiffs Dennis Meyer, Dorothy Meyer. (Burdge, Ronald) [Transferred from innd on 6/18/2020.] |
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Filing 31
ORDER granting #29 #30 . Motion for Leave to Appear for the Rule 16 Preliminary Pretrial Conference telephonically on 12/11/2019.The court will call all counsel listed on the docket sheet unless it is notified that specified attorneys need not be contacted. If, at the time of the scheduled conference, you will not be at the telephone number identified on the docket please contact chambers. Approved by Magistrate Judge Michael G Gotsch, Sr on 12/4/2019. (mlf) [Transferred from innd on 6/18/2020.]
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| Filing 30 MOTION for Leave to Appear Attend Rule 16 Conference Via Phone Motion to Attend December 11, 2019 Rule 16 Preliminary Pretrial Conference By Telephone by Plaintiffs Dennis Meyer, Dorothy Meyer. (Burdge, Ronald) [Transferred from innd on 6/18/2020.] |
| Filing 29 MOTION To Attend 12-11-19 Rule 16 Preliminary Pretrial by Telephone re #23 Order,, Set Deadlines/Hearings, by Defendant Newmar Corporation. (Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
| Filing 28 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Dennis Meyer, Dorothy Meyer.(Burdge, Ronald) [Transferred from innd on 6/18/2020.] |
| Filing 27 REPORT of Rule 26(f) Planning Meeting. (Burdge, Ronald) [Transferred from innd on 6/18/2020.] |
| Filing 26 BRIEF in Support of #25 MOTION to Dismiss for Lack of Jurisdiction filed by Korges Enterprises, Inc. (Attachments: #1 Exhibit A)(Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction by Defendant Korges Enterprises, Inc. (Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 24 MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (slm) [Transferred from innd on 6/18/2020.] |
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Filing 23
ORDER Joint Proposed Discovery due by 12/3/2019. Rule 16 Preliminary Pretrial Conference set for 12/11/2019 10:15 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/12/19. (slm) [Transferred from innd on 6/18/2020.]
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Filing 22
ORDER GRANTING #17 Motion for Extension of Time to File Response/Reply. Response/Answer to be filed by 11/21/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/7/19. (mlc) [Transferred from innd on 6/18/2020.]
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| Filing 21 ANSWER to #13 Answer to Complaint, Crossclaim by The Braun Corporation.(Papageorge, John) [Transferred from innd on 6/18/2020.] |
| Filing 20 ANSWER to #19 Answer to Complaint, Crossclaim of The Braun Corporation by Newmar Corporation.(Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
| Filing 19 ANSWER to #1 Complaint,, Affirmative Defenses and, CROSSCLAIM against Newmar Corporation by The Braun Corporation.(Papageorge, John) [Transferred from innd on 6/18/2020.] |
| Filing 18 Corporate Disclosure Statement by Korges Enterprises, Inc. (Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 17 MOTION for Extension of Time to File Response/Reply as to #1 Complaint,, by Defendant Korges Enterprises, Inc. (Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 16 NOTICE of Appearance by Alice J Springer on behalf of Korges Enterprises, Inc (Springer, Alice) [Transferred from innd on 6/18/2020.] |
| Filing 15 NOTICE of Appearance by Lisa Gilkey Schoetzow on behalf of Newmar Corporation (Gilkey Schoetzow, Lisa) [Transferred from innd on 6/18/2020.] |
| Filing 14 Corporate Disclosure Statement by Newmar Corporation. (Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
| Filing 13 Newmar Corporation's ANSWER to #1 Complaint,, Affirmative Defenses, CROSSCLAIM against The Braun Corporation by Newmar Corporation.(Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
| Filing 12 NOTICE of Appearance by Glenn L Duncan on behalf of Newmar Corporation (Duncan, Glenn) [Transferred from innd on 6/18/2020.] |
| Answer due date reset to 11/06/2019 as to The Braun Corporation per #8 Agreed Notice. (jat) [Transferred from innd on 6/18/2020.] |
| Filing 11 SUMMONS Returned Executed by Dorothy Meyer, Dennis Meyer. Newmar Corporation served on 10/2/2019, answer due 10/23/2019. (Attachments: #1 Exhibit)(Burdge, Ronald) [Transferred from innd on 6/18/2020.] |
| Filing 10 NOTICE of Appearance by Abaigeal F Musser on behalf of The Braun Corporation (Musser, Abaigeal) [Transferred from innd on 6/18/2020.] |
| Filing 9 Corporate Disclosure Statement by The Braun Corporation identifying Corporate Parent Braun Holdings Inc for The Braun Corporation.. (Papageorge, John) [Transferred from innd on 6/18/2020.] |
| Filing 8 AGREED NOTICE to extend time to file answer filed by The Braun Corporation ; answer due by 11/06/2019. (Papageorge, John) [Transferred from innd on 6/18/2020.] |
| Filing 7 NOTICE of Appearance by John D Papageorge on behalf of The Braun Corporation (Papageorge, John) [Transferred from innd on 6/18/2020.] |
| Filing 6 Summons Issued as to Newmar Corporation. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (Attachments: #1 Summons with visible attorney name and address: #2 Summons with visible attorney name and address and legible banner). (nal) [Transferred from innd on 6/18/2020.] |
| Filing 5 Proposed Summons filed by Dennis Meyer, Dorothy Meyer. (Burdge, Ronald) [Transferred from innd on 6/18/2020.] |
| Filing 4 SUMMONS Returned Executed by Dorothy Meyer, Dennis Meyer. Korges Enterprises, Inc served on 9/20/2019, answer due 10/11/2019. (Attachments: #1 Exhibit FedEx Proof of Service)(Burdge, Ronald) [Transferred from innd on 6/18/2020.] |
| Filing 3 SUMMONS Returned Executed by Dorothy Meyer, Dennis Meyer. The Braun Corporation served on 9/18/2019, answer due 10/9/2019. (Attachments: #1 Exhibit FedEx Proof of Service)(Burdge, Ronald) [Transferred from innd on 6/18/2020.] |
| Judge Jon E DeGuilio and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (jld) [Transferred from innd on 6/18/2020.] |
| Filing 2 Summons Issued as to Korges Enterprises, Inc, The Braun Corporation. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jld) [Transferred from innd on 6/18/2020.] |
| Filing 1 COMPLAINT with JURY DEMAND against Korges Enterprises, Inc, Newmar Corporation, The Braun Corporation( Filing fee $ 400 receipt number 0755-4008113.), filed by Dorothy Meyer, Dennis Meyer. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Braun Corporation Summons, #3 Proposed Summons Korges Summons, #4 Proposed Summons Newmar Corporation Notice of Waiver, #5 Proposed Summons Newmar Waiver of Service)(Burdge, Ronald) (Additional attachment(s) added on 9/16/2019: #6 Corrected Complaint) (jld). [Transferred from innd on 6/18/2020.] |
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