Smith et al v. Nexus RVs, LLC et al
| Linda Smith and Ken Smith |
| Nexus RVs, LLC and Ally Financial, Inc. |
| 3:2017cv00815 |
| October 31, 2017 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Jefferson |
| Philip P Simon |
| Michael G Gotsch |
| Other Contract |
| 15 U.S.C. ยง 2301 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
152
OPINION AND ORDER: The court GRANTS IN PART the Smiths' motion as to the pre-suit letter [ECF 127 ], DENIES their motion for treble damages [ECF 129 ], GRANTS IN PART their motion for attorney fees and costs [ECF 131 ], and AWARDS attorney fe es in the amount of $248,831.64 and costs in the amount of $4,406.98. The court SETS a status conference via videoconference for December 15, 2021 at 1:30 p.m. to discuss the bifurcated claim against Ally Financial and to set trial, if necessary, to enable the court to enter final judgment. Signed by Judge Damon R Leichty on 11/19/2021. (dk)
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Filing
93
OPINION AND ORDER: The court DENIES AS MOOT the Smiths' motion in limine on issues 1 and 2 and Nexus' motion in limine on issues 2-3, 5-6, 8, 10-11, 13-15, 18, and 20; DENIES the Smiths' motion in limine on issue 3; GRANTS Nexus' motion in limine on issues 7, 9, 12, 16; and DENIES Nexus' motion in limine on issues 1, 4, 17, and 19 (ECF 84 - 85 ). Accordingly, the court ORDERS the plaintiffs and their counsel not to offer at trial evidence, testimony, or argument about (a) revocation of acceptance or rescission theories, (b) expert opinions not previously disclosed in expert reports or deposition, (c) spoliation of evidence, or (d) RV reviews by other customers. Signed by Judge Damon R Leichty on 3/31/2021. (dk)
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Filing
62
OPINION AND ORDER: The court GRANTS and DENIES IN PART the Smiths' motion to exclude Nexus' opinion witness (ECF 45 ). Given the court's limitations on Mr. Potis' proposed testimony, the court DENIES the Smiths' motion to strike (ECF 50 ). Signed by Judge Damon R Leichty on 7/13/2020. (dk)
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Filing
59
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART 42 MOTION for Summary Judgment by Defendants Ally Financial, Inc., Nexus RVs, LLC and DENYING 55 MOTION to Strike 53 Response to Motion, Portions of the Affidavits of Ken and Linda Smith by Defendants Ally Financial, Inc., Nexus RVs, LLC. Signed by Judge Damon R Leichty on 6/19/2020. (lhc)
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Filing
28
OPINION AND ORDER The Court GRANTS IN PART Defendants' 18 motion to compel as to the RV inspection. The Court ORDERS Plaintiffs to make the RV available for an inspection by Defendants expert at a date mutually acceptable to all parties and u nder the terms set forth in Defendants' DE[21-9] Amended Notice. Additionally, the Court ORDERS Defendants to create a video recording of the entire inspection and to serve it on Plaintiffs along with the experts report.The Court also DENIES IN PART Defendants' motion to compel as to an award of reasonable expenses under Fed. R. Civ. P. 37(a)(5)(A). Signed by Magistrate Judge Michael G Gotsch, Sr on 5/14/19. (kjp)
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