Smith et al v. REV Group, Inc. et al
| Chris Smith and Marcee Smith |
| REV Group, Inc. and Freightliner Custom Chassis Corporation |
| 2:2022cv00742 |
| November 22, 2022 |
| US District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| Other Statutory Actions |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER dismissing case without prejudice. The Clerk shall close the file. Signed by Judge John E. Steele on 3/13/2023. (RKR)
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Filing 27
NOTICE of voluntary dismissal by Chris Smith, Marcee Smith (Brown, Kirsten)
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Filing 26
TEXT ORDER directing the clerk to strike plaintiffs' Rule 26 initial disclosures (Doc. #25). Rule 26(a) disclosures shall not be filed with the court as a matter of course. Fed. R. Civ. P. 5(d)(1)(A). Signed by Magistrate Judge Nicholas P. Mizell on 2/23/2023. (JMM)
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Filing 25
***STRICKEN per Order 26*** - INITIAL Disclosures by Chris Smith, Marcee Smith. (Brown, Kirsten) (Modified on 2/13/2023, to edit text) (BGR). Modified to strike document on 2/24/2023 (LMF).
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Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 2/15/2024, Dispositive motions due by 4/26/2024, Pretrial statement due by 10/11/2024 Plaintiff disclosure of expert report due by 10/31/2023, Defendant disclosure of expert report due by 12/29/2023, Final Pretrial Conference set for 10/25/2024 at 09:30 AM before Judge John E. Steele, Jury Trial term 11/4/2024 at 09:00 AM before Judge John E. Steele, Conduct mediation hearing by 4/5/2024. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 2/10/2023. (WRW)
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Filing 23
OPINION and ORDER granting in part and denying in part #12 Freightliner Custom Chassis Corporation's Motion to Dismiss, or, In The Alternative Motion For a More Definite Statement and Incorporated Memorandum of Law; denying as moot #19 REV Group, Inc.'s Motion to Dismiss Amended Complaint, and Combined Memorandum of Law in Support. See ORDER for further details. Plaintiff may file a second amended complaint within FOURTEEN (14) DAYS of this ORDER. Signed by Judge John E. Steele on 2/9/2023. (TLP)
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Filing 22
CERTIFICATE of interested persons and corporate disclosure statement by Chris Smith, Marcee Smith. (Brown, Kirsten)
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Filing 21
NOTICE OF SELECTION of Harold Oehler as mediator by REV Group, Inc.. (Powell, W.)
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Filing 20
Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 17 ORAL Motion for Extension of Time to File Interested Persons Disclosure; granting 18 ORAL Motion for Extension of Time to File Notice of selection of mediator; PRELIMINARY PRETRIAL CONFERENCE held on 2/9/2023. (DIGITAL) (WRW)
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Filing 19
MOTION to Dismiss Amended Complaint by REV Group, Inc.. (Powell, W.)
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Filing 18
ORAL MOTION for Extension of Time to File Interested Persons Disclosure. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 17
ORAL MOTION for Extension of Time to File Notice of Selection of Mediator. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 16
CASE MANAGEMENT REPORT. (Powell, W.)
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Filing 15
MEMORANDUM in Opposition to #12 Motion to Dismiss Amended Complaint and Memorandum of Law filed by Chris Smith, Marcee Smith. (Brown, Kirsten) Modified text on 1/4/2023 (SEH).
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Filing 14
ORDER directing Chris Smith, Marcee Smith to respond to #12 MOTION to Dismiss Plaintiff's Complaint. Responses due by 1/3/2023. If no response is filed, the Court will consider the motion as unopposed. Signed by Judge John E. Steele on 12/28/2022. (RKR)
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Filing 13
NOTICE of hearing: Preliminary Pretrial Conference set for 2/9/2023 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 1/16/2023. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 22742. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW)
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Filing 12
MOTION to Dismiss Plaintiff's Complaint or in the alternative Motion for More Definite Statement and Incorporated Memorandum of Law by Freightliner Custom Chassis Corporation. (Gough, Robert)
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Filing 11
NOTICE of a related action per Local Rule 1.07(c) by Freightliner Custom Chassis Corporation. Related case(s): No (Gough, Robert)
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Filing 10
CERTIFICATE of interested persons and corporate disclosure statement by Freightliner Custom Chassis Corporation. (Gough, Robert)
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Filing 9
ORDER denying without prejudice #8 Motion to Dismiss. Signed by Judge John E. Steele on 11/30/2022. (RKR)
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Filing 8
MOTION to Dismiss Amended Complaint by REV Group, Inc. (Powell, W.)
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Filing 7
CERTIFICATE of interested persons and corporate disclosure statement re #4 Civil Action Order by REV Group, Inc. (Powell, W.)
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Filing 6
NOTICE of a related action per Local Rule 1.07(c) by REV Group, Inc. Related case(s): No (Powell, W.)
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Filing 5
NOTICE to counsel John Sczepanski, III; Kirsten Brown of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JK)
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Filing 4
CIVIL Action Order Signed by All Divisional Judges on 11/22/2022. (JK)
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Filing 3
AMENDED COMPLAINT against Freightliner Custom Chassis Corporation, REV Group, Inc. with Jury Demand. filed by Chris Smith, Marcee Smith. FILED in State Court on 09/09/2022.(JK)
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Filing 2
NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0742-JES-NPM. (SJB)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit in and for Lee County, Florida, case number 22-CA-3720 filed in State Court on 8/29/2022. Filing fee $402, receipt number AFLMDC-20229402 filed by REV Group, Inc. (Attachments: #1 State Court COMPLAINT, #2 State Court COMPLAINT Amended Complaint, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Powell, W.)
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