James Zimmer et al v. Dometic Corporation
| James Zimmer, Randall Ortego, Kurt Shoemaker, Sr., Melvin Rich, Richard Haisch, James Jackson, Sandra Greene, Debra Sadler, James Mitchell, Ernie Arnold and Steven Horner, Sr. |
| Dometic Corporation |
| 1:2018cv20746 |
| February 27, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| XX US, Outside State |
| K Michael Moore |
| Robert N Scola |
| Andrea M Simonton |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2018. A more recent docket listing may be available from PACER.
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Filing 57
ORDER on Motion to Consolidate. The Court grants in part the parties motion (ECF No. 231). Zimmer v. Dometic Corporation (Case No. 18-20746) is consolidated with this matter (Case No. 16-22482). All future filings in both actions must be filed in Case No. 16-22482. The Court directs the Clerk to reopen Case No. 16-22482. The Court also directs the Clerk to administratively close the higher numbered case, Zimmer v. Dometic Corporation (Case No. 18-20746). Signed by Judge Robert N. Scola, Jr on 7/12/2018. See attached document for full details. (kpe)
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| Cases associated. (kpe) |
| Civil Case Terminated per DE #57 Order. Closing Case. (kpe) |
| Filing 56 MEDIATION REPORT by Bruce Greer. Disposition: Case did not settle.(Rutner, Erica) |
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Filing 55
PAPERLESS ORDER: The Court has received and reviewed the parties' #54 stipulation. The Court orders that any deadline related to the Defendant's response to the Plaintiffs' complaint be stayed pending the Court's resolution of the pending motion to consolidate in Zucconi v. Dometic Corp., No. 16-cv-22482-RNS. Signed by Judge Robert N. Scola, Jr. on 3/29/2018. (vgn)
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| Filing 54 Agreed STIPULATION Regarding Response re #1 Complaint,,, by Dometic Corporation (Rutner, Erica) Modified Text on 3/22/2018 (ls). |
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Filing 53
ORDER TRANSFERRING CASE to Judge Robert N. Scola, Jr for all further proceedings, accepted and signed on 03/06/2018. Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton are no longer assigned to this case. Signed by Chief Judge K. Michael Moore on 3/6/2018. (jm01)
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| Filing 52 Notice of Pending, Refiled, Related or Similar Actions by Dometic Corporation (Attachments: #1 Exhibit A) (Rutner, Erica) |
| Filing 51 Bar Letter re: Admissions sent to attorney Wesley J. Horton, mailing date February 27, 2018, (pt) |
| Filing 50 Bar Letter re: Admissions sent to attorney Robert C. Collins, III, mailing date February 27, 2018, (pt) |
| Filing 49 Bar Letter re: Admissions sent to attorney Marcy C Priedeman and Peter Allen Wald, mailing date February 27, 2018, (pt) |
| Filing 48 Bar Letter re: Admissions sent to attorney Hart L. Robinovitch, mailing date February 27, 2018, (pt) |
| Filing 47 Bar Letter re: Admissions sent to attorney Caleb Marker, mailing date February 27, 2018, (pt) |
| Filing 46 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) |
| Filing 45 Case transferred in from California Central; Case Number 2:17-cv-06913. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 44
ORDER DENYING PLAINTIFFS MOTION TO STAY #35 AND GRANTING DEFENDANTSMOTION TO TRANSFER #20 The Court instructs the Clerk to TRANSFER this case to the District Court of the Southern District of Florida by Judge Otis D. Wright, II. (MD JS-6. Case Terminated.) Case electronically transferred to US District Court, Southern DIstrict of Florida. (lc)
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| Filing 43 NOTICE of Decision: of the United States Judicial Panel on Multidistrict Litigation in IN RE: Dometic Gas Absorption Refrigerator Products Liability Litigation, MDL No. 2811 filed by Defendant Dometic Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wald, Peter) |
| Filing 42 The hearing on the MOTION to Stay Case #35 , scheduled for January 8, 2018 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
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Filing 41
ORDER GRANTING STIPULATION FOR EXTENSION OF TIME TO FILE MOTION TO DISMISS OROTHERWISE RESPOND TO PLAINTIFFS COMPLAINT #40 by Judge Otis D. Wright, II: The Defendant shall have until 14 days after resolution of the later of the Transfer Motion [ECF No. 20] or the Stay Motion [ECF No. 35] to respond to Plaintiffs Complaint. (lc)
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| Filing 40 STIPULATION for Extension of Time to File Motion to Dismiss or Otherwise Respond to Plaintiffs' Complaint filed by Defendant Dometic Corporation. (Attachments: #1 Proposed Order)(Wald, Peter) |
| Filing 39 REPLY In Support Of NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of JPML Motion to Transfer of Related Actions DE 1 in JPML 2811 (filed on Oct. 13, 2017) #35 filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer. (Marker, Caleb) |
| Filing 38 The hearing on the MOTION TO CHANGE VENUE #20 , scheduled for November 13, 2017 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 37 NOTICE OF ADDITIONAL AUTHORITY IN SUPPORT OF MOTION TO STAY PROCEEDINGS PENDING RESOLUTION OF MOTION TO TRANSFER PURSUANT TO 28 U.S.C. 1407 BY THE JPML [D.E. 35] filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer. (Attachments: #1 Exhibit A)(Marker, Caleb) |
| Filing 36 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of JPML Motion to Transfer of Related Actions DE 1 in JPML 2811 (filed on Oct. 13, 2017) #35 filed by Defendant Dometic Corporation. (Wald, Peter) |
| Filing 35 NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of JPML Motion to Transfer of Related Actions DE 1 in JPML 2811 (filed on Oct. 13, 2017) filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer. Motion set for hearing on 1/8/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Marker, Caleb) |
| Filing 34 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Change Venue to Southern District of Florida #20 filed by Defendant Dometic Corporation. (Wald, Peter) |
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Filing 33
ORDER GRANTING APPLICATION of Non-Resident Attorney Hart L. Robinovitch to Appear Pro Hac Vice on behalf of Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer and designating Caleb L Marker as local counsel #24 by Judge Otis D. Wright, II (lc)
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| Filing 32 DECLARATION of Hart L. Robinovitch In Opposition To NOTICE OF MOTION AND MOTION to Change Venue to Southern District of Florida #20 filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 Part 1, #5 Exhibit 4 Part 2, #6 Exhibit 4 Part 3, #7 Exhibit 4 Part 4, #8 Exhibit 4 Part 5, #9 Exhibit 4 Part 6, #10 Exhibit 4 Part 7, #11 Exhibit 4 Part 8, #12 Exhibit 5)(Marker, Caleb) |
| Filing 31 OPPOSITION to NOTICE OF MOTION AND MOTION to Change Venue to Southern District of Florida #20 filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer. (Marker, Caleb) |
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Filing 30
ORDER GRANTING APPLICATION of Non-Resident Attorney Corey K. Brady to Appear Pro Hac Vice on behalf of Defendant Dometic Corporation and designating Wesley J Horton as local counsel #29 by Judge Otis D. Wright, II (lc)
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| Filing 29 APPLICATION of Non-Resident Attorney Corey K. Brady to Appear Pro Hac Vice on behalf of Defendant Dometic Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20691839) filed by Defendant Dometic Corporation. (Attachments: #1 Propo sed Order) (Horton, Wesley) |
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Filing 28
ORDER GRANTING APPLICATION of Non-Resident Attorney Edward Soto to Appear Pro Hac Vice on behalf of Defendant Dometic Corporation and designating Wesley J Horton as local counsel #26 by Judge Otis D. Wright, II (lc)
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Filing 27
ORDER GRANTING APPLICATION of Non-Resident Attorney Pravin R. Patel to Appear Pro Hac Vice on behalf of Defendant Dometic Corporation and designating Wesley J Horton as local counsel #25 by Judge Otis D. Wright, II (lc)
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| Filing 26 APPLICATION of Non-Resident Attorney Edward Soto to Appear Pro Hac Vice on behalf of Defendant Dometic Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20675835) filed by Defendant Dometic Corporation. (Attachments: #1 Proposed Order) (Horton, Wesley) |
| Filing 25 APPLICATION of Non-Resident Attorney Pravin R. Patel to Appear Pro Hac Vice on behalf of Defendant Dometic Corporation (Pro Hac Vice Fee - $325.00 Previously Paid on 10/16/2017, Receipt No. 0973-20667632) filed by Defendant Dometic Corporation. (Attachments: #1 Proposed Order) (Horton, Wesley) |
| Filing 24 APPLICATION of Non-Resident Attorney Hart L. Robinovitch to Appear Pro Hac Vice on behalf of Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20652800) filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler , Kurt Shoemaker, Sr., James Zimmer. (Attachments: #1 Proposed Order) (Marker, Caleb) |
| Filing 23 Notice of Electronic Filing re Order on Motion to Appear Pro Hac Vice, #21 , Order on Motion to Appear Pro Hac Vice, #22 e-mailed to erutner@lshgoldberg.com bounced due to 5.1.2 - Bad destination host 'DNS Hard Error looking up lshgoldberg.com (MX): NXDomain' (delivery attempts: 0). Primary e-mail address corrected. Notice of Electronic Filing resent addressed to erutner@lashgoldberg.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY |
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Filing 22
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: granting #18 Non-Resident Attorney Erica W. Rutner APPLICATION to Appear Pro Hac Vice on behalf of Dometic Corporation, designating Wesley J Horton as local counsel. (lom)
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Filing 21
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: granting #17 Non-Resident Attorney Robert C Collins, III APPLICATION to Appear Pro Hac Vice on behalf of Dometic Corporation, designating Wesley J Horton as local counsel. (lom)
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| Filing 20 NOTICE OF MOTION AND MOTION to Change Venue to Southern District of Florida filed by Defendant Dometic Corporation. Motion set for hearing on 11/13/2017 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Exhibit A, #2 Proposed Order) (Wald, Peter) |
| Filing 19 NOTICE of Pendency of Other Action or Proceeding filed by Defendant Dometic Corporation. (Wald, Peter) |
| Filing 18 APPLICATION of Non-Resident Attorney Erica W. Rutner to Appear Pro Hac Vice on behalf of Defendant Dometic Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20638037) filed by Defendant Dometic Corporation. (Attachments: #1 Prop osed Order) (Horton, Wesley) |
| Filing 17 APPLICATION of Non-Resident Attorney Robert C. Collins III to Appear Pro Hac Vice on behalf of Defendant Dometic Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20637891) filed by Defendant Dometic Corporation. (Attachments: # (1 ) Proposed Order) (Horton, Wesley) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT filed by Defendant Dometic Corporation (Wald, Peter) |
| Filing 15 Certification and Notice of Interested Parties filed by Defendant Dometic Corporation, (Attachments: #1 Exhibit A)(Wald, Peter) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Wesley J Horton counsel for Defendant Dometic Corporation. Adding Wesley J. Horton as counsel of record for Dometic Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Dometic Corporation. (Attorney Wesley J Horton added to party Dometic Corporation(pty:dft))(Horton, Wesley) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Marcy C Priedeman counsel for Defendant Dometic Corporation. Adding Marcy C. Priedeman as counsel of record for Dometic Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Dometic Corporation. (Attorney Marcy C Priedeman added to party Dometic Corporation(pty:dft))(Priedeman, Marcy) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Peter Allen Wald counsel for Defendant Dometic Corporation. Adding Peter A. Wald as counsel of record for Dometic Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Dometic Corporation. (Attorney Peter Allen Wald added to party Dometic Corporation(pty:dft))(Wald, Peter) |
| Filing 11 NOTICE of Status of Filing Application for Pro Hac Vice for Attorney Hart L. Robinovitch filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer. (Marker, Caleb) |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Kurt Shoemaker, Sr., Richard Haisch, Ernie Arnold, Randall Ortego, James Jackson, Melvin Rich, Steven Horner, Sr., James Zimmer, Sandra Greene, Debra Sadler, James Mitchell. upon Dometic Corporation waiver sent by Plaintiff on 9/20/2017, answer due 11/20/2017. Waiver of Service signed by Erica W. Rutner. (Marker, Caleb) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Hart L Robinovitch. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Remove "et al " from the Summons caption. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Michael R. Wilner. (ghap) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer, (Marker, Caleb) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, #1 filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer. (Marker, Caleb) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Ernie Arnold, Sandra Greene, Richard Haisch, Steven Horner, Sr., James Jackson, James Mitchell, Randall Ortego, Melvin Rich, Debra Sadler, Kurt Shoemaker, Sr., James Zimmer. (Marker, Caleb) |
| Filing 1 COMPLAINT Receipt No: 0973-20532102 - Fee: $400, filed by Plaintiffs Kurt Shoemaker, Sr., Richard Haisch, Ernie Arnold, Randall Ortego, James Jackson, Melvin Rich, Steven Horner, Sr., James Zimmer, Sandra Greene, Debra Sadler, James Mitchell. (Attorney Caleb Marker added to party Ernie Arnold(pty:pla), Attorney Caleb Marker added to party Sandra Greene(pty:pla), Attorney Caleb Marker added to party Richard Haisch(pty:pla), Attorney Caleb Marker added to party Steven Horner, Sr.(pty:pla), Attorney Caleb Marker added to party James Jackson(pty:pla), Attorney Caleb Marker added to party James Mitchell(pty:pla), Attorney Caleb Marker added to party Randall Ortego(pty:pla), Attorney Caleb Marker added to party Melvin Rich(pty:pla), Attorney Caleb Marker added to party Debra Sadler(pty:pla), Attorney Caleb Marker added to party Kurt Shoemaker, Sr.(pty:pla), Attorney Caleb Marker added to party James Zimmer(pty:pla))(Marker, Caleb) |
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