Agin et al v. Thor Motor Coach Incorporated et al
| Anthony Edward Agin and Emily Jean Agin |
| Thor Motor Coach Incorporated, Arizona RV Centers LLC, Manchester Tank & Equipment Company, Engineered Controls International LLC, Rotarex North America Incorporated, Rochester Gauges LLC, Firefly Integrations LLC, Unknown Parties, Camping World Incorporated, Camping World RV Sales LLC, Camping World Holding Company Incorporated, McWane Incorporated, Electronic Controls Incorporated, Rotarex Incorporated and American RV Centers LLC a Minnesota Company doing business as Camping World RV Sales |
| 2:2022cv01713 |
| October 6, 2022 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Personal Injury: Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 47 Corporate Disclosure Statement by Engineered Controls International LLC identifying Corporate Parent Dover Corporation for Engineered Controls International LLC. (Jardine, Bradley) |
| Remark: Pro hac vice motion(s) granted for Joshua Hart Burday on behalf of Defendant Engineered Controls International LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 46
SCHEDULING ORDER: Discovery due by 8/30/2023. Dispositive motions due by 2/16/2024. See order for additional deadlines and details. Signed by Judge Michael T. Liburdi on 11/28/2022. (LMR)
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| Filing 45 SECOND NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT AS TO ENGINEERED CONTROLS INTERNATIONAL LLC: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed NOT LATER THAN 12/5/2022. Corporate Disclosure Statement Deadline set as to Engineered Controls International LLC. (LMR) |
| Filing 44 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Scheduling Conference held on 11/28/2022. Stipulation for Extension of Time (Doc. #28 ) is granted. Plaintiffs' Motion to Amend Pleading Caption (Doc. #41 ) is granted. Joint Report due 12/9/2022. See attachment for details. (Court Reporter Catherine Taylor.) Hearing held 3:31 PM to 4:23 PM.(LMR) |
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Filing 43
ORDER: IT IS ORDERED the motion for leave to appear telephonically (Doc. #42 ). IT IS FURTHER ORDERED John Sear may appear telephonically for the scheduling conference set for November 28, 2022 at 3:30 pm (Arizona time) in Courtroom 504, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Counsel should call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speaker phones and headsets. Signed by Judge Michael T. Liburdi on 11/28/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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| Filing 42 MOTION for Leave to Appear Telephonically for Rule 16 Conference on November 28, 2022 at 3:30 pm by Arizona RV Centers LLC, Thor Motor Coach Incorporated. (Attachments: #1 Proposed Order)(Sear, John) |
| Filing 41 First MOTION to Amend/Correct Plaintiffs' Pleading Caption by Anthony Edward Agin, Emily Jean Agin. (Attachments: #1 Proposed Order)(Freeman, Alicyn) |
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Filing 40
ORDER granting #36 , #38 Motions for Leave to Appear Telephonically. IT IS FURTHER ORDERED Patrick Quinlivan and James Ozog may appear telephonically for the scheduling conference set for November 28, 2022 at 3:30pm (Arizona time) in Courtroom 504, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Counsel should call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speaker phones and head sets. Ordered by Judge Michael T Liburdi on 11/22/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJW)
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| Filing 39 NOTICE of Errata re Motion to Appear Telephonically at Rule 16 Conference by Defendants Manchester Tank & Equipment Company, McWane Incorporated.. (Patterson, Ryan) |
| Filing 38 MOTION for Leave to Appear Telephonic ally by Attorney James Ozog for Rule 16 Conference by Rotarex North America Incorporated. (Attachments: #1 Proposed Order)(Osborne, James) |
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Filing 37
ORDER granting #35 Motion for Leave to Appear Telephonically. IT IS FURTHER ORDERED Tonya Newman may appear telephonically for the scheduling conference set for November 28, 2022 at 3:30pm (Arizona time) in Courtroom 504, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Counsel should call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speaker phones and head sets. Ordered by Judge Michael T Liburdi on 11/22/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJW)
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| Filing 36 MOTION for Leave to Appear Telephonic Motion to Appear Telephonically at Rule 16 Conference by Manchester Tank & Equipment Company, McWane Incorporated. (Attachments: #1 Proposed Order Proposed Order)(Patterson, Ryan) |
| Filing 35 MOTION telephonic appearance Motion to Appear Telephonically by Attorney Tonya Newman for Rule 16 Conference by Electronic Controls Incorporated. (Attachments: #1 Proposed Order)(Jardine, Bradley) |
| Filing 34 *MOTION to Dismiss for Lack of Jurisdiction Defendant Manchester Tank & Equipment Company, a Division of McWane, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction by Manchester Tank & Equipment Company. (Patterson, Ryan) *Modified to remove terminated party as a filer on 11/22/2022 (SST). |
| Filing 33 *ANSWER to #1 Notice of Removal, with Jury Demand (Plaintiff's 1st Amended Complaint dated 9/16/22) by Arizona RV Centers LLC.(Sear, John) *Modified to reflect Local Rule violation; attorney noticed on 11/22/2022 (SST). |
| Filing 32 NOTICE of Errata re Stipulation for Extension of Time to Respond to Rochester Gauges Motion to Dismiss by Plaintiffs Anthony Edward Agin, Emily Jean Agin.. (Attachments: #1 Proposed Order)(Freeman, Alicyn) |
| Filing 31 MOTION to Dismiss for Lack of Jurisdiction and, MOTION to Dismiss for Failure to State a Claim by Engineered Controls International LLC. (Attachments: #1 Exhibit A - Declaration of Thom Hegman)(Newman, Tonya) |
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Filing 30
ORDER: IT IS ORDERED granting the parties' #28 Stipulation for Extension of Time for Plaintiffs to Respond to Defendant Rotarex North America Inc.'s Motion to Dismiss (Doc. #27 ). IT IS FURTHER ORDERED that Plaintiffs shall file their response to the motion to dismiss no later than December 7, 2022. Ordered by Judge Michael T. Liburdi on 11/18/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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| Filing 29 REPORT of Rule 26(f) Planning Meeting by Anthony Edward Agin, Emily Jean Agin. (Freeman, Alicyn) |
| Filing 28 STIPULATION for Extension of Time to Respond to Rochester Gauges L.L.C. Motion to Dismiss by Anthony Edward Agin, Emily Jean Agin. (Attachments: #1 Proposed Order)(Freeman, Alicyn) |
| Remark: Pro hac vice motion(s) granted for Patrick C Quinlivan on behalf of Defendant Manchester Tank & Equipment Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 27 MOTION to Dismiss for Lack of Jurisdiction (Defendant Rotarex North America, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction) by Rotarex North America Incorporated. (Attachments: #1 Exhibit Affidavit of David Lawson)(Garcia, Elizabeth) |
| Remark: Pro hac vice motion(s) granted for James W Ozog on behalf of Defendant Rotarex North America Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 26 *NOTICE of Appearance by Amanda Emily Heitz on behalf of Arizona RV Centers LLC, Thor Motor Coach Incorporated. (Heitz, Amanda) *Modified to reflect Local Rule violation; attorney noticed on 11/4/2022 (SST). |
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Filing 25
ORDER: IT IS ORDERED granting the Stipulation for Extension of Time for Defendant Rotarex North America, Inc. to Answer/Respond to Plaintiffs' First Amended Complaint #24 . IT IS FURTHER ORDERED that Defendant Rotarex North America, Inc., shall file its Answer/Response to Plaintiffs' First Amended Complaint no later than November 16, 2022. Ordered by Judge Michael T Liburdi on 11/3/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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| Filing 24 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT First Amended - Second Request by Rotarex North America Incorporated. (Attachments: #1 Proposed Order)(Osborne, James) |
| Remark: Pro hac vice motion(s) granted for Tonya Newman on behalf of Defendant Engineered Controls International LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 23 NOTICE re: Notice of Service of Court Order 12 by Anthony Edward Agin, Emily Jean Agin . (Freeman, Alicyn) |
| Filing 22 Additional Attachments to Main Document re: #21 MOTION to Dismiss for Failure to State a Claim Certificate of Moving Party by Defendant Rochester Gauges LLC. (Obert, Michael) |
| Filing 21 *MOTION to Dismiss for Lack of Personal Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Rochester Gauges LLC. (Attachments: #1 Exhibit A)(Obert, Michael). *Modified to add motion part; attorney noticed on 10/25/2022 (SST). |
| Filing 20 Corporate Disclosure Statement by Rochester Gauges LLC identifying Corporate Parent Rochester Acquisition Holdings, LLC for Rochester Gauges LLC. (Obert, Michael) |
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Filing 19
ORDER: IT IS ORDERED granting the parties' Stipulation for Extension of Time for Defendant Rotarex North America, Inc. to Answer/Respond to Plaintiffs' First Amended Complaint (Doc. #15 ). IT IS FURTHER ORDERED that Defendant Rotarex North America, Inc. shall file its answer or otherwise respond no later than November 2, 2022. Ordered by Judge Michael T. Liburdi on 10/21/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR)
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| Filing 18 Corporate Disclosure Statement by Manchester Tank & Equipment Company. (Patterson, Ryan) |
| Filing 17 Corporate Disclosure Statement by Arizona RV Centers LLC. (Aoyama, Randy) |
| Remark: Out of state attorneys Russell S Ponessa, Tonya G Newman, Nathaniel Jordan, and Patrick C Quinlivan terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 16 Corporate Disclosure Statement by Rotarex North America Incorporated. (Osborne, James) |
| Filing 15 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (FIRST AMENDED) by Rotarex North America Incorporated. (Attachments: #1 Proposed Order)(Osborne, James) |
| Filing 14 Corporate Disclosure Statement by Firefly Integrations LLC. (Metcalf, Lori) |
| Filing 13 Defendant Firefly Integrations, LLC's ANSWER to #1 Notice of Removal, with Jury Demand Dated September 16, 2022 by Firefly Integrations LLC.(Metcalf, Lori) |
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Filing 12
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference is set for 11/28/2022 at 03:30 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. See order for additional deadlines and details. Signed by Judge Michael T. Liburdi on 10/14/2022. (LMR)
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| Filing 11 Corporate Disclosure Statement by Thor Motor Coach Incorporated. (Heitz, Amanda) |
| Remark: Pro hac vice motion(s) granted for John Sear on behalf of Defendant Thor Motor Coach Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 10 NOTICE of Appearance by Bradley R Jardine on behalf of Engineered Controls International LLC. (Jardine, Bradley) |
| Filing 9 NOTICE of Appearance by Ryan Shawn Patterson on behalf of Manchester Tank & Equipment Company. (Patterson, Ryan) |
| Filing 8 Additional Attachments to Main Document re: #1 Notice of Removal, by Defendant Rochester Gauges LLC. (Attachments: #1 Supplemental Civil Cover Sheet Supplemental Cover Sheet, #2 Supplemental Civil Cover Sheet Additional Page to Supplemental Cover Sheet)(Obert, Michael) |
| Filing 7 AMENDED DOCUMENT by Arizona RV Centers LLC. Amendment to #6 Notice of Appearance/Association of Counsel . (Aoyama, Randy) |
| Filing 6 NOTICE of Appearance by Randy Jiro Aoyama on behalf of Arizona RV Centers LLC. (Aoyama, Randy) |
| Filing 5 NOTICE TO PARTIES RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Arizona RV Centers LLC, Engineered Controls International LLC, Firefly Integrations LLC, Manchester Tank & Equipment Company, Rochester Gauges LLC, Rotarex North America Incorporated, Thor Motor Coach Incorporated. (BAC) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Rochester Gauges LLC. FOLLOW-UP ACTION REQUIRED: Please file a Supplemental Civil Cover Sheet. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) |
| Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Rochester Gauges LLC. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please re-file the Civil Cover Sheet, using the correct format. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) |
| Filing 2 Filing fee paid, receipt number AAZDC-21182237. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-22-01713-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-008173. Filing fee received: $402.00, receipt number AAZDC-21182237 filed by Rochester Gauges LLC. (Obert, Michael) (Attachments: #1 Exhibits 1-9, #2 Civil Cover Sheet)(BAC) |
| ***STATE COURT RECORDS RECEIVED***SERVICE EXECUTED: SERVICE EXECUTED: Rule 4 Waiver of Service of Summons: Waiver signed on 9/30/22 to Rochester Gauges LLC(Original filed in Maricopa County Superior Court on 9/28/22); signed on 9/22/22 Arizona RV Centers LLC(Original filed in Maricopa County Superior Court on 9/23/22); signed on 9/23/22 Manchester Tank & Equipment Company(Original filed in Maricopa County Superior Court on 9/28/22).(BAC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| ***STATE COURT RECORD RECEIVED: ANSWER to Complaint with Jury Demand by Thor Motor Coach Incorporated. ENTERED IN DISTRICT COURT FOR CASE MANAGEMENT PURPOSES***(BAC) |
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