Orsini v. Hoffman Ford, Inc et al
| Justin Orsini |
| Hoffman Ford, Inc, TD Bank, N.A. and Fox Factory, Inc. |
| 3:2023cv01125 |
| August 24, 2023 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Omar A Williams |
| Consumer Credit |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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| Set Deadline: Rule 26 Meeting Report due by 12/26/2023. (Velez, F.) |
Filing 19
ORDER granting #18 Motion for Extension of Time. Parties shall file their 26(f) Report on or before December 26, 2023. Signed by Judge Omar A. Williams on 10/18/2023. (Kim, Hyo June)
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| Filing 18 MOTION for Extension of Time until December 26, 2023 for the parties to conduct the Rule 26(f) conference, and to submit their report fourteen days later. by Justin Orsini. (Blinn, Daniel) |
| Filing 17 ACKNOWLEDGMENT OF SERVICE Executed as to #10 Summons Returned Executed Supplemental Return as to Fox Factory, Inc. Acknowledgment filed by Justin Orsini. (Blinn, Daniel) |
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Filing 16
ORDER denying #14 Motion for Default. Plaintiff moves for an entry of default against Defendant Fox Factory, Inc., claiming that it has failed to respond to Plaintiff's complaint. Because service was not effectuated properly, the court must deny the motion. Plaintiff has filed an executed summons return which indicates that he served Fox Factory, Inc., by mailing, through United States Postal Service, a copy of the process. The mail was addressed to "Secretary," and did not identify any individual specifically. Federal Rule of Civil Procedure 4(h) states that a corporation within a judicial district of the United States may be served in two ways: 1) in a manner prescribed by Federal Rule 4(e)(1) for serving an individual; or 2) by delivering a copy of the summons and complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and - if the agent is one authorized by statute and the statute so requires - by mailing a copy of each to the defendant. Federal Rule of Civil Procedure 4(e)(1) states that an individual may be served in a way that follows "state law for serving summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made." Because Plaintiff has failed to satisfy any of the Federal Rules for service, the court next looks to the state statutes for service. The court addresses Connecticut and California statutes, seeing as this court is located in Connecticut and process was served in California. Connecticut statue for service of process on foreign corporation - that is, an entity not incorporated within the state of Connecticut - states that the "registered agent of a foreign corporation" must be served. Conn. Gen. Stat. 33-929(a). The secretary of the foreign corporation may be served only if the foreign corporation "has no registered agent or its registered agent cannot with reasonable diligence be served." Conn. Gen. Stat. 33-929(b). California Corporations Code, on the other hand, requires an in-person service to a natural person designated as an agent of the corporation, or to a specifically designated corporate agent, filed pursuant to California Corporations Code 1500. See Cal. Corp. Code 1701. Both sets of state law also allow their respective secretaries of state to be served with process under certain conditions. See Conn. Gen. Stat. 33-929(c); Cal. Corp. Code 1702.By simply mailing a copy of the process to "Secretary," without any further action, Plaintiff has failed to meet his requirements for service. Because Plaintiff has failed to satisfy his burden of establishing that service properly was effectuated against corporate defendants under any of the relevant rules and law, this motion is denied. See Nature's First Inc. v. Nature's First Law, Inc., 436 F. Supp. 2d 368, 372 (D. Conn. 2006). It is so ordered. Signed by Judge Omar A. Williams on 10/05/2023. (Kim, Hyo June)
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| Answer deadline updated for Hoffman Ford, Inc to 10/27/2023. (Velez, F.) |
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Filing 15
ORDER granting #13 Motion for Extension of Time. Defendant Hoffman Ford, Inc. shall file its response to Plaintiff's complaint on or before October 27, 2023.. Signed by Judge Omar A. Williams on 10/04/2023. (Kim, Hyo June)
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| Filing 14 MOTION for Default Entry 55(a) Failure to Plead as to Fox Factory, Inc. by Justin Orsini. (Blinn, Daniel) |
| Set Deadline: Rule 26 Meeting Report due by 11/11/2023. (Velez, F.) |
| Filing 13 MOTION for Extension of Time until 10/27/23 to plead #11 Summons Returned Executed by Hoffman Ford, Inc. (Bonin, Russell) |
| Filing 12 NOTICE of Appearance by Russell Bonin on behalf of Hoffman Ford, Inc (Bonin, Russell) |
| Filing 11 SUMMONS Returned Executed by Justin Orsini. Hoffman Ford, Inc served on 9/7/2023, answer due 9/28/2023. (Blinn, Daniel) |
| Filing 10 SUMMONS Returned Executed by Justin Orsini. Fox Factory, Inc. served on 8/31/2023, answer due 9/21/2023. (Blinn, Daniel) |
| Filing 9 WAIVER OF SERVICE Returned Executed as to TD Bank, N.A. waiver sent on 8/29/2023, answer due 10/28/2023 filed by Justin Orsini. (Blinn, Daniel) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Fox Factory, Inc., Hoffman Ford, Inc, TD Bank, N.A.* with answer to complaint due within *21* days. Attorney *Daniel S. Blinn* *Consumer Law Group* *35 Cold Spring Rd., Suite 512* *Rocky Hill, CT 06067*. (Peterson, M) |
| Filing 7 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by Justin Orsini, #4 Electronic Filing Order, 2 Notice re: Disclosure Statement, #5 Protective Order, #6 Order, #3 Order on Pretrial Deadlines Signed by Clerk on 8/24/2023. (Peterson, M) |
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Filing 6
Standing Order to Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 8/24/2023. (Peterson, M)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Omar A. Williams on 8/24/2023. (Peterson, M)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 8/24/2023. (Peterson, M)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 10/23/2023. Discovery due by 2/23/2024. Dispositive Motions due by 3/29/2024. Signed by Clerk on 08/24/2023. (Peterson, M)
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| Filing 2 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 8/24/2023.(Anastasio, F.) |
| Filing 1 COMPLAINT against Fox Factory, Inc., Hoffman Ford, Inc, TD Bank, N.A. ( Filing fee $402 receipt number ACTDC-7459526.), filed by Justin Orsini.(Blinn, Daniel) |
| Request for Clerk to issue summons as to Hoffman Ford, Inc. (Blinn, Daniel) |
| Request for Clerk to issue summons as to Fox Factory, Inc.. (Blinn, Daniel) |
| Request for Clerk to issue summons as to TD Bank, N.A.. (Blinn, Daniel) |
| Judge Omar A. Williams and Judge Thomas O. Farrish added. (Freberg, B) |
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