Parks et al v. Newmar Corporation
Plaintiff: Patrick M Parks and Kim L. Parks
Defendant: Newmar Corporation
Case Number: 3:2020cv00070
Filed: January 23, 2020
Court: US District Court for the Northern District of Indiana
Presiding Judge: Michael G Gotsch
Referring Judge: Philip P Simon
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 11, 2020 Opinion or Order Filing 32 SCHEDULING ORDER: Court now ADOPTS the parties discovery plan and establishes the following deadlines: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 5/1/2020. The last date for parties to amend the pleadings without leave of court is 7/1/2020. The serving of reports from retained experts under Rule 26(a)(2) are due from plaintiff by 10/30/2020; and from defendant(s) by 12/14/2020. The last date for the completion of ALL DISCOVERY is 3/31/2021. The last date to file any discovery-related non-dispositive motion shall be 30 days prior to the discovery deadline. Parties are encouraged to engage in direct negotiations and/or alternate dispute resolution. To that end, the parties shall name a mediator no later than 5/15/2020. The deadline for the parties to engage in mediation is 8/1/2020. The Court hereby VACATES the hearing scheduled for 3/19/2020 at 11:45am. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/11/2020. (mrm) Modified on 3/13/2020 to make correction (mrm).
March 9, 2020 Filing 31 REPORT of Rule 26(f) Planning Meeting. (Duncan, Glenn)
March 5, 2020 Filing 30 NOTICE of Appearance by Lisa Gilkey Schoetzow on behalf of Newmar Corporation (Gilkey Schoetzow, Lisa)
March 5, 2020 Filing 29 Corporate Disclosure Statement by Newmar Corporation. (Duncan, Glenn)
March 5, 2020 Filing 28 NOTICE of Appearance by Glenn L Duncan on behalf of Newmar Corporation (Duncan, Glenn)
February 18, 2020 Filing 27 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (Copy mailed to Parties. (slm) Modified on 2/18/2020 (slm).
February 18, 2020 Opinion or Order Filing 26 ORDER Joint Proposed Discovery due by 3/6/2020. Rule 16 Preliminary Pretrial Conference set for 3/19/2020 11:45 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/18/20. (slm) Copies sent to parties. Modified on 2/18/2020 (slm).
January 23, 2020 Filing 24 Case transferred in from District of Virginia Eastern; Case Number 3:19-cv-00352. Original file and docket sheet received.
January 17, 2020 Opinion or Order Filing 23 ORDER that DEFENDANT NEWMAR CORPORATION'S MOTION TO TRANSFER VENUE TO THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION (ECF No. #3 ) is granted and the Clerk is directed to transfer this action to the United States District Court, Northern District of Indiana, South Bend Division. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/17/2020. (sbea, ) [Transferred from Virginia Eastern on 1/23/2020.]
January 17, 2020 Filing 22 MEMORANDUM OPINION. See Opinion for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/17/2020. (sbea, ) [Transferred from Virginia Eastern on 1/23/2020.]
January 17, 2020 Case transferred to the Northern District of Indiana - South Bend Division. Original file, Copy of Transfer Order, and Docket Report were electronically submitted. (sbea, ) [Transferred from Virginia Eastern on 1/23/2020.]
December 9, 2019 Filing 21 Memorandum of Update filed by Newmar Corporation (Peake, Mark). Modified docket text on 12/9/2019 (sbea, ). [Transferred from Virginia Eastern on 1/23/2020.]
November 15, 2019 Filing 20 Minute Entry for proceedings held before District Judge Robert E. Payne: Evidentiary Hearing re: Motion to Transfer Venue (ECF No. #3 ) held on 11/15/2019. William Cluett for plaintiffs; Mark Peake for defendant; evidence heard; opinion to issue. (Court Reporter Peppy Peterson, OCR.) (nbrow) [Transferred from Virginia Eastern on 1/23/2020.]
October 29, 2019 Reset Hearing: Evidentiary Hearing set for 11/15/2019 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) [Transferred from Virginia Eastern on 1/23/2020.]
October 28, 2019 Opinion or Order Filing 19 ORDER that PATRICK M. PARK'S AND KIM L. PARK'S MOTION TO CONTINUE EVIDENTIARY HEARING (ECF No. #17 ) is granted. It is further ORDERED that the evidentiary hearing scheduled for 10:00 a.m. October 30, 2019 is continued to 10:00 a.m. November 15, 2019. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 10/25/2019. (sbea, ) [Transferred from Virginia Eastern on 1/23/2020.]
October 23, 2019 Filing 18 RESPONSE to Motion re #17 MOTION to Continue 10/30/19 Evidentiary Hearing filed by Newmar Corporation. (Peake, Mark) [Transferred from Virginia Eastern on 1/23/2020.]
October 22, 2019 Filing 17 MOTION to Continue 10/30/19 Evidentiary Hearing by Kim L. Parks, Patrick M Parks. (Cluett, William) [Transferred from Virginia Eastern on 1/23/2020.]
October 21, 2019 Set Hearing: Evidentiary Hearing set for 10/30/2019 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow) [Transferred from Virginia Eastern on 1/23/2020.]
October 18, 2019 Opinion or Order Filing 16 ORDER that DEFENDANT NEWMAR CORPORATION'S MOTION TO TRANSFER VENUE TO THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION (ECF No. #3 ) is held in abeyance so that the Plaintiffs will be afforded an evidentiary hearing to show whether Albermarle Factors (2) or (3) apply to the end that the forum selection clause does not apply. It is further ORDERED that the evidentiary hearing is scheduled for 10:00 a.m. October 30, 2019 and that the REQUEST FOR HEARING ON DEFENDANT NEWMAR CORPORATION'S MOTION TO TRANSFER VENUE AND DEFENDANT'S MOTION FOR EXTENSION OF TIME TO SCHEDULE HEARING ON MOTION TO TRANSFER VENUE (ECF No. #13 ) is denied as moot. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 10/18/2019. (sbea, ) [Transferred from Virginia Eastern on 1/23/2020.]
October 18, 2019 Filing 15 MEMORANDUM OPINION. See Opinion for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 10/18/2019. (sbea, ) [Transferred from Virginia Eastern on 1/23/2020.]
July 18, 2019 Notice of Correction re: #14 MOTION for Disclosure. Filing attorney notified of correct docket event for filing a Corporate Disclosure Statement. Clerk has terminated the pending motion and corrected the docket. No further action is required. (jsau, ) [Transferred from Virginia Eastern on 1/23/2020.]
July 17, 2019 Filing 14 Corporate Disclosure Statement by Newmar Corporation. (Peake, Mark) Modified docket text on 7/18/2019 (jsau, ). [Transferred from Virginia Eastern on 1/23/2020.]
July 15, 2019 Filing 13 Notice of Hearing Date re #3 First MOTION Transfer Venue , #10 MOTION for Extension (Peake, Mark) [Transferred from Virginia Eastern on 1/23/2020.]
July 12, 2019 Filing 12 Memorandum in Opposition re #10 MOTION for Extension filed by Kim L. Parks, Patrick M Parks. (Cluett, William) [Transferred from Virginia Eastern on 1/23/2020.]
June 28, 2019 Opinion or Order Filing 11 ORDER. It is hereby ORDERED that the MOTION TO SUBSTITUTE COUNSEL #8 is granted. It is further ORDERED that the Clerk shall remove J. Frederick Watson, Esquire as counsel and substitute Mark J. Peake, Esquire as counsel record for the defendant. It is SO ORDERED. Signed by District Judge Robert E. Payne on 6/28/19. (jsau, ) [Transferred from Virginia Eastern on 1/23/2020.]
June 27, 2019 Filing 10 MOTION for Extension of Time to Schedule Hearing on Motion to Transfer Venue by Newmar Corporation. (Watson, James) Modified docket text on 6/27/2019 (jsau, ). [Transferred from Virginia Eastern on 1/23/2020.]
June 27, 2019 Filing 9 **DISGREGARD SEE CORRECTED MOTION #10 - MOTION for Extension of Time to Schedule Hearing on Motion to Transfer Venue by Newmar Corporation. (Watson, James) Modified on 6/27/2019 (jsau, ). [Transferred from Virginia Eastern on 1/23/2020.]
June 27, 2019 Filing 8 MOTION to Substitute Attorney by Newmar Corporation. (Attachments: #1 Order of Substitution)(Watson, James) [Transferred from Virginia Eastern on 1/23/2020.]
June 27, 2019 Notice of Correction re: Document #9 ; the filing user has been notified that the filing user's login does not match the signature on the document. The filing user must refile the document with the filing user's signature block, or the attorney whose signature block appears on the document must refile the document. (jsau, ) [Transferred from Virginia Eastern on 1/23/2020.]
June 20, 2019 Filing 7 DISREGARD- FILED IN ERROR. Letter . (Attachments: #1 Certificate of Good Standing)(Watson, James) Modified on 6/20/2019 (jsmi, ). [Transferred from Virginia Eastern on 1/23/2020.]
June 7, 2019 Filing 6 Memorandum in Opposition re #3 First MOTION Transfer Venue filed by Newmar Corporation. (Watson, James) [Transferred from Virginia Eastern on 1/23/2020.]
May 31, 2019 Filing 5 Memorandum in Opposition re #3 First MOTION Transfer Venue filed by Kim L. Parks, Patrick M Parks. (Cluett, William) [Transferred from Virginia Eastern on 1/23/2020.]
May 17, 2019 Filing 4 Memorandum in Support re #3 First MOTION Transfer Venue filed by Newmar Corporation. (Attachments: #1 Exhibit, #2 Exhibit)(Watson, James) [Transferred from Virginia Eastern on 1/23/2020.]
May 17, 2019 Filing 3 First MOTION Transfer Venue by Newmar Corporation. (Watson, James) [Transferred from Virginia Eastern on 1/23/2020.]
May 17, 2019 Filing 2 ANSWER to Complaint by Newmar Corporation.(Watson, James) [Transferred from Virginia Eastern on 1/23/2020.]
May 10, 2019 Filing 1 NOTICE OF REMOVAL ( Filing fee $ 400, receipt number 0422-6634605.), filed by Newmar Corporation. (Attachments: #1 Civil Cover Sheet)(Watson, James) (Main Document 1 replaced on 5/10/2019) (tjoh, ). (Additional attachment(s) added on 5/10/2019: #2 State Complaint, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D) (tjoh, ). Modified on 5/10/2019 to correct(tjoh, ). [Transferred from Virginia Eastern on 1/23/2020.]
May 10, 2019 Initial Case Assignment to District Judge Robert E. Payne. (jsau, ) [Transferred from Virginia Eastern on 1/23/2020.]
February 7, 2019 Filing 25 STATE COURT COMPLAINT with Jury Demand against Newmar Corporation, filed by Patrick M Parks, Kim L. Parks. (Attachments: #1 Exhibits)(jld)

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Plaintiff: Patrick M Parks
Represented By: William Aaron Cluett
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Plaintiff: Kim L. Parks
Represented By: William Aaron Cluett
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Defendant: Newmar Corporation
Represented By: James Frederick Watson
Represented By: Mark J. Peake
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