Kevin H. Scott, et al v. Jayco, Inc.
| Kevin H Scott and Jacqie L. Scott |
| Jayco, Inc. |
| 1:2019cv00315 |
| March 8, 2019 |
| US District Court for the Eastern District of California |
| Lawrence J O'Neill |
| Jennifer L Thurston |
| Contract: Other |
| 15 U.S.C. § 2301 |
| Both |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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Filing 39
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/31/2019 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Standing Order, #2 Worksheet, #3 Consent Form, #4 VDRP) (Martin-Gill, S)
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Filing 38
CASE TRANSFERRED IN from District of Indiana Northern; Case Number 3:18-cv-00901.
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Filing 37
ORDER: The Court GRANTS the parties' stipulation DE #34 and DIRECTS the Clerk to TRANSFER this case back to the Eastern District of California. The Court also DIRECTS the Clerk to term the parties' Supplement, which was unnecessarily filed as a motion DE #36 . Signed by Magistrate Judge Michael G Gotsch, Sr on 3/5/19. (nal) [Transferred from innd on 3/8/2019.]
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Filing 36
MOTION to Supplement #34 MOTION to Transfer Case Upon Stipulation by Plaintiffs Jacqie L. Scott, Kevin H Scott. (Baker PHV, Terry) Modified on 3/6/2019 to term motion per DE #37 order. (nal) [Transferred from innd on 3/8/2019.]
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Filing 35
ORDER To ensure that transfer back to the Eastern District of California is appropriate, the Court ORDERS the parties to supplement their #34 motion by filing a copy of the applicable warranty document by March 7, 2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/28/19. (kjp) [Transferred from innd on 3/8/2019.]
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Filing 34
MOTION to Transfer Case Upon Stipulation by Plaintiffs Jacqie L. Scott, Kevin H Scott. (Baker PHV, Terry) [Transferred from innd on 3/8/2019.]
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Filing 33
TELEPHONE CONFERENCE held on 1/22/2019 before Judge Philip P Simon. Pla appeared by atty Terry L. Baker. Defense appeared by atty Trevor Gasper. Discussion on case. A Choice of Law Motion shall be filed with the Court by 3/25/2019 with a Response due date of 4/22/2019 and a Reply due date of 4/29/2019. (Court Reporter Stacy Drohosky.) (nac) [Transferred from innd on 3/8/2019.]
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Filing 32
NOTICE of Hearing/Deadlines: Telephonic Status Conference set for 1/22/2019 09:30 AM (Central Hammond time) in US District Court - Hammond before Judge Philip P Simon. The attorneys shall notify the Case Manager at noel_collins@innd.uscourts.gov which attorneys shall be called for the telephone conference and at what number thay can be reached. This notification shall be provided by Friday 1/18/2019 - 2:00 p.m. (Central).(nac) [Transferred from innd on 3/8/2019.]
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Filing 31
TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 1/8/2019 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Baker. Dft appeared by atty Gasper. Michael Cook appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. Any amendments to the pleadings to be filed by 4/1/2019. Discovery deadline is 11/29/2019. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 7/26/2019. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 8/26/2019. Initial Disclosures to be exchanged by 2/26/2019. Mediation to be completed by 11/29/2019. Magistrate Consent forms due by 1/29/2019. (slm) [Transferred from innd on 3/8/2019.]
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Filing 30
REPORT of Rule 26(f) Planning Meeting. (Gasper, Trevor) [Transferred from innd on 3/8/2019.]
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Filing 29
NOTICE of Appearance by Terry L Baker PHV on behalf of All Plaintiffs (Baker PHV, Terry) [Transferred from innd on 3/8/2019.]
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Filing 28
NOTICE by Jacqie L. Scott, Kevin H Scott of Unavailability (Baker PHV, Terry) [Transferred from innd on 3/8/2019.]
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Filing 27
ORDER granting #26 Application to Appear Pro Hac Vice of Attorney Terry L Baker PHV for Jacqie L. Scott and Kevin H Scott. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/11/2018. (mtr) [Transferred from innd on 3/8/2019.]
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Filing 26
Application for Attorney Terry Lee Baker to Appear Pro Hac Vice on behalf of Kevin and Jacqie Scott. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3754999 (Attachments: #1 Exhibit, #2 Exhibit)(Baker PHV, Terry) [Transferred from innd on 3/8/2019.]
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Filing 25
ORDER granting #24 Motion to Continue. Rule 16 Preliminary Pretrial Conference set for 1/8/2019 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 12/6/18. (slm) [Transferred from innd on 3/8/2019.]
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Filing 24
MOTION to Continue Rule 16 Conference by Defendant Jayco Inc. (Gasper, Trevor) [Transferred from innd on 3/8/2019.]
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Filing 23
ORDER Telephonic Rule 16 Preliminary Pretrial Conference set for 12/11/2018 11:00 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/27/18. cc: pro se parties (kjp) [Transferred from innd on 3/8/2019.]
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Filing 22
Corporate Disclosure Statement by Jayco Inc identifying Corporate Parent Thor Industries Inc for Jayco Inc.. (Gasper, Trevor) [Transferred from innd on 3/8/2019.]
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Filing 21
NOTICE of Appearance by Trevor Q Gasper on behalf of Jayco Inc (Gasper, Trevor) [Transferred from innd on 3/8/2019.]
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Filing 20
Case transferred in from District of California Eastern; Case Number 1:18-cv-00861. Original file and docket sheet received. [Transferred from innd on 3/8/2019.]
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Filing 19
ORDER GRANTING #11 Defendant's Motion to Change Venue and Transferring Case to the Northern District of Indiana signed by Magistrate Judge Jennifer L. Thurston on 11/2/2018. (Jessen, A) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 18
MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: HEARING on defendant's #11 Motion for Change of Venue held on 11/1/2018. Motion argued; submitted. Court to issue written order. Plaintiffs Counsel Rene Dupart present. Defendants Counsel Dolores Gonzales present. Court Reporter/CD Number: ECRO/FTR- Hall. (Hall, S) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 17
REPLY by Jayco, Inc. re #11 MOTION to CHANGE VENUE . Attorney Robertson, James Richard added. (Robertson, James) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 16
OPPOSITION by Kevin Scott to #11 MOTION to CHANGE VENUE . (Dupart, Rene) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 15
ORDER GRANTING #14 SUBSTITUTION OF ATTORNEY, signed by Magistrate Judge Jennifer L. Thurston on 10/3/2018. (Hall, S) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 14
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Jayco, Inc.. (Gonzales, Dolores) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 13
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 10/1/2018: The hearing on defendant's #11 Motion for Change of Venue, currently set for 11/1/2018 at 08:30 AM before Chief Judge Lawrence J. O'Neill, is RESET for 11/1/2018 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Telephonic appearances are authorized. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 1652736, provided they send an e-mail to shall@caed.uscourts.gov no later than five court days before the hearing date advising of their intent to appear telephonically. (Hall, S) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 12
ORDER on #10 Stipulation to Dismiss the First and Second Causes of Action, signed by Magistrate Judge Jennifer L. Thurston on 9/25/2018. Plaintiffs' First Cause of Action and Second Causes of Action as to violation of the Song-Beverly Consumer Warranty Act Breach of Express Warranty or violation of the Song-Beverly Consumer Warranty Act Breach of Implied Warranty are DISMISSED with prejudice. (Hall, S) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 11
MOTION to CHANGE VENUE by Jayco, Inc.. Motion Hearing set for 11/1/2018 at 08:30 AM in Courtroom 4 before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Points and Authorities Points & Authorities in Support of Motion to Transfer, #2 Declaration Declaration of Dolores E. Gonzales in Support of Motion to Transfer, #3 Declaration Declaration of Bob Harlan in Support of Motion to Transfer, #4 Declaration Declaration of Jessica Herrmann in Support of Motion to Transfer, #5 Declaration Declaration of Matt Sheirer in Support of Motion to Transfer)(Gonzales, Dolores) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 10
STIPULATION and PROPOSED ORDER for dismiss Causes of Action by Kevin Scott. (Dupart, Rene) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 9
MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: SCHEDULING CONFERENCE held on 9/20/2018. Dismissal of certain cause(s) of action and filing of a motion to transfer venue were addressed. Case NOT SCHEDULED. Further Scheduling Conference set for 12/3/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Amended joint report due by 11/26/2018. Plaintiffs Counsel Rene Dupart (telephonic) present. Defendants Counsel Dolores Gonzales (telephonic) present. Court Reporter/CD Number: ECRO/FTR- Hall. (Hall, S) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 8
JOINT SCHEDULING REPORT by Jacqie L. Scott, Kevin Scott. (Dupart, Rene) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 7
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Jacqie L. Scott, Kevin Scott. (Dupart, Rene) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 6
NOTICE and Certificate of Interested Parties by Jayco, Inc.. (Gonzales, Dolores) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 5
ANSWER with Jury Demand by Jayco, Inc.. Attorney Gonzales, Dolores Elaine added.(Gonzales, Dolores) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 4
SUMMONS RETURNED EXECUTED: Jayco, Inc. served on 6/28/2018, answer due 7/19/2018. (Dupart, Rene) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/20/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Gonzalez, R) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 2
SUMMONS ISSUED as to *Jayco, Inc.* with answer to complaint due within *21* days. Attorney *Rene J. Dupart* *Law Offices of Jon P. Jacobs* *5701 Lonetree Boulevard, Suite 202* *Rocklin, CA 95765*. (Gonzalez, R) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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Filing 1
COMPLAINT for damages and injunctive relief against Jayco, Inc. by Kevin Scott. Attorney Dupart, Rene J. added. (Filing fee $ 400, receipt number 0972-7729229) (Attachments: #1 Civil Cover Sheet)(Dupart, Rene) [Transferred from California Eastern on 11/6/2018.] [Transferred from innd on 3/8/2019.]
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