Neary et al v. Thor Motor Coach, Inc. et al
| Susan Eckenrode and Amy Neary |
| Ford Motor Company and Thor Motor Coach, Inc. |
| Hon. Michael Scopelitis |
| 3:2020cv00338 |
| April 24, 2020 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.
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Filing 125
CLERK'S ENTRY OF JUDGMENT. (sej)
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Filing 124
ORDER: Pursuant to the stipulation of dismissal #123 and Fed. R. Civ. P. 41(a)(1)(A)(ii), this case is DISMISSED with prejudice. The Clerk is directed to enter judgment accordingly, each party to bear its own costs. Signed by Judge Robert L Miller, Jr on 11/21/2022. (sej)
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Filing 123
NOTICE by Susan Eckenrode, Amy Neary Stipulated Notice of Dismissal of All Claims (Wells, Elizabeth)
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Filing 122
ORDER re #121 Joint Notice of Settlement, the Court VACATES the 9/20/2022 trial setting and DIRECTS the parties to file a stipulation of dismissal within 60 days. Signed by Judge Robert L Miller, Jr on 9/21/2022. (ash)
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Filing 121
NOTICE of Settlement Joint Notice of Settlement and Request for Time to Complete Terms of Settlement by Susan Eckenrode, Amy Neary (Wells, Elizabeth)
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Filing 120
FINAL PRETRIAL ORDER. Signed by Judge Robert L Miller, Jr on 9/14/2022. (rmc)
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Filing 119
FINAL PRETRIAL CONFERENCE (TELEPHONIC) held on 9/13/2022 before Judge Robert L Miller, Jr. Pla appeared by attys E. Wells and S. Steuart. Dfts appeared by attys M. Criniti, S. Judge and J. Wood. Parties present by telephone. The court discussed trial preparation and procedures. 4 day jury trial to proceed as scheduled on 9/20/2022. The court hears oral arguments from counsel. For reasons stated in court, the Court GRANTS Plaintiffs' Objection to and Motion to Exclude Defendant Ford Motor Company Expert Colton Atteberry's Speculative and Unsound "Weight of the Box Theory (Doc. No. #82 ), GRANTS IN PART AND DENIES IN PART the Objection by Thor Motor Coach, Inc. to Plaintiffs' Expert Witness Dennis Bailey and Ford Motor Company's Expert Witness Colton Atteberry (Doc. No. #88 ), DENIES Fords Objection to and Motion to Exclude Plaintiffs' Expert Witness (Doc. No. #89 ), and GRANTS Plaintiffs' Unopposed Rule 43(a) Motion for Lay Witness Dan Griffin to Appear at Trial Via Live Video Conference (Doc. No. #108 ). For reasons stated in court, the Court GRANTS IN PART AND DENIES IN PART Plaintiffs Motions in Limine (Doc. No. #92 ), DENIES Ford's Combined Motion in Limine (Doc. No. #99 ), and GRANTS IN PART AND DENIES IN PART Thor Motor Coach, Inc.s Omnibus Motion in Limine (Doc. No. #101 ). (Court Reporter D. Bonk) (rmc)
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Filing 118
RESPONSE to Motion re #101 MOTION in Limine Omnibus Motion in Limine Plaintiffs' Response to Defendant Thor Motor Coach, Inc.'s Omnibus Motion in Limine filed by Susan Eckenrode, Amy Neary. (Attachments: #1 Exhibit Plaintiffs' Defect Chart, #2 Exhibit Thor Motor Coach Warranty Guide, #3 Exhibit Thor 30(B) Deposition, #4 Exhibit Thor Motor Coach Policy Manual, #5 Exhibit Cure Letter 04/01/2020)(Steuart, Scarlett)
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Filing 117
RESPONSE by Susan Eckenrode, Amy Neary to #89 Objection Plaintiffs' Memorandum in Opposition to Defendant Ford Motor Company's Motion to Exclude Expert Testimony of Dennis Bailey. (Attachments: #1 Exhibit Declaration of Dennis Bailey, #2 Exhibit Dennis Bailey Report, #3 Exhibit Deposition of Colton Atteberry, #4 Exhibit Colton Atteberry Report, #5 Exhibit Apple Ford Repair Records)(Steuart, Scarlett)
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Filing 116
NOTICE of Appearance by Mark F Criniti on behalf of Thor Motor Coach, Inc. (Criniti, Mark)
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Filing 115
NOTICE of Hearing: On the court's own motion, the Final Pretrial Conference is RESET for 9/13/2022 at 9:00 AM (EST) in US District Court - South Bend before Judge Robert L Miller Jr. To connect to the conference, parties should dial 888-363-4749 and enter access code 6409377#. Parties should not drive or use speaker phone during the conference. Parties should dial in a few minutes early to insure that all parties are on the line promptly at the conference start time. (rmc)
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Filing 114
OPINION AND ORDER: The court DENIES Thors summary judgment motion (Doc. No. #41 ), DENIES Ford's summary judgment motion (Doc. No. #44 ), and DENIES Thor's motion to exclude the testimony of Dennis Bailey (Doc. No. #47 ). Signed by Judge Robert L Miller, Jr on 9/6/2022. (rmc)
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Filing 113
RESPONSE to Motion re #99 MOTION in Limine Ford's Combined Motion in Limine Plaintiffs' Response to Ford Motor Company's Combined Motion in Limine filed by Susan Eckenrode, Amy Neary. (Wells, Elizabeth)
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Filing 112
***ATTY FILING ERROR, REFILED AT #113 ***RESPONSE to Motion re #99 MOTION in Limine Ford's Combined Motion in Limine Plaintiffs' Response to Ford Motor Company's Combined Motion in Limine filed by Susan Eckenrode, Amy Neary. (Wells, Elizabeth) Modified on 9/6/2022 (rmc).
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Filing 111
TRIAL BRIEF Plaintiffs' Supplemental Trial Brief by Susan Eckenrode, Amy Neary. (Attachments: #1 Exhibit Atteberry Deposition Excerpts, #2 Exhibit Ford Vibration Recording Screen Shots, #3 Exhibit Atteberry Report, #4 Exhibit Doug Lown Deposition Excerpts)(Wells, Elizabeth)
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Filing 110
RESPONSE by Susan Eckenrode, Amy Neary to #88 Objection, Plaintiffs' Response to Defendant Thor Motor Coach, Inc.'s Objection to Expert Witnesses. (Steuart, Scarlett)
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Filing 109
NOTICE of Hearing: On the Court's own motion, the Final Pretrial Conference set for 9/8/2022 at 9:00 AM (EST) via Zoom in US District Court - South Bend before Judge Robert L Miller Jr. Zoom link provided to counsel. (rmc)
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Filing 108
MOTION for Leave to Appear Witness at Trial Via Live Video Conference Plaintiffs' Unopposed Rule 43(a) Motion for Lay Witness Dan Griffin to Appear at Trial Via Live Video Conference by Plaintiffs Susan Eckenrode, Amy Neary. (Wells, Elizabeth)
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Filing 107
OBJECTION by Ford Motor Company to Plaintiffs' Trial Exhibits. (Wood, Jeremiah)
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Filing 106
TRIAL BRIEF by Thor Motor Coach, Inc.. (Judge, Stephen)
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Filing 105
OBJECTION by Thor Motor Coach, Inc. to #84 Proposed Jury Instructions (Ford Motor Company). (Judge, Stephen)
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Filing 104
OBJECTION by Thor Motor Coach, Inc. to #76 Witness List/Exhibit List,, (Plaintiffs). (Attachments: #1 Exhibit A (Chart of Thor's Objections to Plaintiffs' Trial Exhibits))(Judge, Stephen)
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Filing 103
OBJECTION by Thor Motor Coach, Inc. to #79 Proposed Voir Dire . (Judge, Stephen)
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Filing 102
OBJECTION by Thor Motor Coach, Inc. to #81 Proposed Jury Instructions (Plaintiffs). (Attachments: #1 Exhibit A (Thor's Limited Warranty), #2 Exhibit B (RV Purchase Agreement and Warranty Registration))(Judge, Stephen)
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Filing 101
MOTION in Limine Omnibus Motion in Limine by Defendant Thor Motor Coach, Inc.. (Attachments: #1 Exhibit A (Thor's Limited Warranty), #2 Exhibit B (RV Purchase Agreement and Warranty Registration))(Judge, Stephen)
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Filing 100
TRIAL BRIEF by Ford Motor Company. (Wood, Jeremiah)
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Filing 99
MOTION in Limine Ford's Combined Motion in Limine by Defendant Ford Motor Company. (Wood, Jeremiah)
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Filing 98
OBJECTION by Ford Motor Company Ford's Objection to Plaintiffs' Proposed Jury Instructions. (Wood, Jeremiah)
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Filing 97
Proposed Pretrial Order Proposed Final Pretrial Order by Susan Eckenrode, Amy Neary. (Attachments: #1 Exhibit Plaintiffs' Witness List and Exhibit List, #2 Exhibit Thor Motor Coach, Inc.'s Witness and Exhibit Disclosures, #3 Exhibit Ford Motor Company's Witness & Exhibit Designations)(Steuart, Scarlett)
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Filing 96
OBJECTION by Susan Eckenrode, Amy Neary to #77 Witness List/Exhibit List Plaintiffs' Objections to Defendant Thor Motor Coach, Inc.'s Rule 26(A)(3) Witness Disclosures and Exhibit Disclosures. (Steuart, Scarlett)
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Filing 95
OBJECTION by Susan Eckenrode, Amy Neary to #77 Witness List/Exhibit List Plaintiffs' Objections to Defendant Thor Motor Coach, Inc.'s Deposition Designations. (Steuart, Scarlett)
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Filing 94
OBJECTION by Susan Eckenrode, Amy Neary to #86 Proposed Jury Instructions Plaintiffs' Objections to Defendant Thor Motor Coach, Inc.'s Proposed Jury Instructions and Verdict Form. (Steuart, Scarlett)
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Filing 93
OBJECTION by Susan Eckenrode, Amy Neary to #87 Proposed Voir Dire Plaintiffs' Objections to Defendant Thor Motor Coach, Inc.'s Proposed Voir Dire. (Steuart, Scarlett)
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Filing 92
MOTION in Limine Plaintiffs' Combined Motions in Limine by Plaintiffs Susan Eckenrode, Amy Neary. (Steuart, Scarlett)
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Filing 91
OBJECTION by Susan Eckenrode, Amy Neary to #84 Proposed Jury Instructions Plaintiffs' Objections to Defendant Ford Motor Company's Proposed Jury Instructions. (Wells, Elizabeth)
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Filing 90
OBJECTION by Susan Eckenrode, Amy Neary to #78 Witness List/Exhibit List Plaintiffs' Objections to Defendant Ford Motor Company's Rule 26(A)(3) Witness Disclosures and Exhibit Disclosures. (Attachments: #1 Exhibit Ford Motor Company's Witness & Exhibit Designations, #2 Exhibit Ford 30(B)(6) Eric Kalis Excerpts, #3 Exhibit Ford Standard Claims List)(Wells, Elizabeth)
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Filing 89
OBJECTION by Ford Motor Company Objection to and Motion to Exclude Plaintiffs' Expert Witness. (Attachments: #1 Exhibit Bailey Report)(Wood, Jeremiah)
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Filing 88
OBJECTION by Thor Motor Coach, Inc. to Plaintiffs' Expert Witness Dennis Bailey and Ford Motor Company's Expert Witness Colton Atteberry. (Attachments: #1 Exhibit Expert Report & CV of Dennis Bailey, #2 Exhibit Expert Report & CV of Colton Atteberry, #3 Exhibit Exceprts from Deposition of Colton Atteberry)(Judge, Stephen)
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Filing 87
Proposed Voir Dire by Thor Motor Coach, Inc.. (Judge, Stephen)
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Filing 86
Proposed Jury Instructions by Thor Motor Coach, Inc.. (Judge, Stephen)
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Filing 85
Proposed Proposed Voir Dire by Ford Motor Company. (Wood, Jeremiah)
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Filing 84
Proposed Proposed Jury Instructions by Ford Motor Company. (Wood, Jeremiah)
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Filing 83
MEMORANDUM in Support of #82 MOTION Exclude Testimony of Ford Expert, Colton Atteberry Plaintiffs' Objection to and Motion to Exclude Defendant Ford Motor Company Expert Colton Atteberry's Speculative and Unsound "Weight of the Box Theory" Memorandum in Support of Plaintiffs' Objection to and Motion to Exclude Defendant Ford Motor Company Expert Colton Atteberry's Speculative and Unsound "Weight of the Box Theory" filed by Susan Eckenrode, Amy Neary. (Attachments: #1 Exhibit Colton Atteberry CV, #2 Exhibit Atteberry Deposition Excerpts, #3 Exhibit Colton Atteberry Report, #4 Exhibit Ford Owner's Manual GVWR, #5 Exhibit TMC Owner's Manual GVWR p088)(Wells, Elizabeth)
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Filing 82
MOTION Exclude Testimony of Ford Expert, Colton Atteberry Plaintiffs' Objection to and Motion to Exclude Defendant Ford Motor Company Expert Colton Atteberry's Speculative and Unsound "Weight of the Box Theory" by Plaintiffs Susan Eckenrode, Amy Neary. (Wells, Elizabeth)
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Filing 81
Proposed Jury Instructions by Susan Eckenrode, Amy Neary. (Wells, Elizabeth)
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Filing 80
TRIAL BRIEF Plaintiffs' Trial Brief by Susan Eckenrode, Amy Neary. (Attachments: #1 Exhibit Plaintiffs' Exhibit List)(Steuart, Scarlett)
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Filing 79
Proposed Voir Dire by Susan Eckenrode, Amy Neary. (Steuart, Scarlett)
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Filing 78
Witness List/Exhibit List by Ford Motor Company. (Wood, Jeremiah)
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Filing 77
Witness List/Exhibit List by Thor Motor Coach, Inc.. (Attachments: #1 Exhibit 1 - Kinsler Dep. Designations, #2 Exhibit 2 - Reiter Dep. Designations)(Judge, Stephen)
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Filing 76
Witness List/Exhibit List Plaintiffs' Witness Disclosures, Exhibit Disclosure and Deposition Designations by Susan Eckenrode, Amy Neary. (Attachments: #1 Exhibit Deposition Designation of Eric Kalis, #2 Exhibit Deposition Designation of Lisa Karageanes, #3 Exhibit Deposition Designation of John Gordy, #4 Exhibit Deposition Designation of Daniel Kinsler, #5 Exhibit Deposition Designation of David Reiter, #6 Exhibit Deposition Designation of Thomas Chester, #7 Exhibit Deposition Designation of Christopher Tolbert, #8 Exhibit Deposition Designation of David Miller, #9 Exhibit Plaintiffs' Exhibit List)(Wells, Elizabeth)
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Filing 75
MOTION HEARING held on 7/25/2022 before Judge Robert L Miller, Jr. Plts appeared by atty E. Wells and S. Steuart. Dfts appeared by atty E. Bolden, S. Judge for Thor Motor Coach Inc; and J. Wood for Ford Motor Company. Parties present. re #41 MOTION for Summary Judgment filed by Thor Motor Coach, Inc.; #44 MOTION for Summary Judgment filed by Ford Motor Company; #47 MOTION to Strike Expert Testimony of Dennis Bailey filed by Thor Motor Coach, Inc. The court heard oral arguments from counsel on the motions. For reasons stated, the court takes the matters under advisement. Written order to follow. (Court Reporter A. Phipps) (rmc)
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Filing 74
NOTICE of Hearing on Motions #41 MOTION for Summary Judgment , #44 MOTION for Summary Judgment , #47 MOTION to Strike Expert Testimony of Dennis Bailey: Motion Hearing set for 7/25/2022 at 1:00 PM (EDT) in US District Court - South Bend before Judge Robert L Miller Jr. Parties will be afforded 15 minutes per side for oral arguments.(rmc)
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Filing 73
Witness List by Ford Motor Company. (Wood, Jeremiah)
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Filing 72
Exhibit List by Ford Motor Company.. (Wood, Jeremiah)
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Filing 71
REPLY to Response to Motion re #44 MOTION for Summary Judgment filed by Ford Motor Company. (Wood, Jeremiah)
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Filing 70
REPLY to Response to Motion re #41 MOTION for Summary Judgment filed by Thor Motor Coach, Inc.. (Bolden, Erin)
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Filing 69
THOR MOTOR COACH, INC.'S REPLY TO PLAINTIFF'S STATEMENT OF ADDITIONAL FACTS by Thor Motor Coach, Inc. to #59 Response/Reply,,,,,, . (Attachments: #1 Exhibit 1- Email Re: Frank's RV Repair)(Bolden, Erin)
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Filing 68
ORDER granting #62 Motion for Extension of Time to File Response/Reply re #62 MOTION for Extension of Time to File Response/Reply as to #41 MOTION for Summary Judgment . Reply to be filed by 6/10/2022. Text-only order by Judge Robert L Miller, Jr on 6/9/2022. (rmc)
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Filing 67
ORDER: The court DENIES Thor Motor Coach, Inc.s motion requesting a hearing on their motion to exclude Dennis Baileys expert testimony DE #61 . The court will schedule, by separate order, a date and time for oral argument on the motion to exclude. Signed by Judge Robert L Miller, Jr on 06/08/2022. (sej)
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Filing 66
ORDER: The court GRANTS Fords unopposed motion #63 for an extension of time to and including 06/10/2022 to file a reply brief in support of its motion for summary judgment DE #44 . Signed by Judge Robert L Miller, Jr on 06/02/2022. (sej)
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Filing 65
RESPONSE to Motion re #61 MOTION for Hearing re #47 MOTION to Strike Expert Testimony of Dennis Bailey Plaintiffs' Memorandum in Opposition to Motion for Evidentiary Hearing on Defendant Thor Motor Coach, Inc.'s Motion to Exclude Testimony of Dennis Bailey filed by Susan Eckenrode, Amy Neary. (Steuart, Scarlett)
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Filing 64
RESPONSE to Motion re #62 MOTION for Extension of Time to File Response/Reply as to #41 MOTION for Summary Judgment Plaintiffs' Consent to Defendant Thor Motor Coach, Inc.'s Motion to Extend Deadline to File Reply in Support of Motion for Summary Judgment (Doc 62) filed by Susan Eckenrode, Amy Neary. (Wells, Elizabeth)
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Filing 63
Consent MOTION for Extension of Time to File Response/Reply as to #56 Response to Motion, #57 Response/Reply,,,,, #44 MOTION for Summary Judgment , #46 Statement, #45 Brief in Support by Defendant Ford Motor Company. (Attachments: #1 Proposed Order)(Wood, Jeremiah)
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Filing 62
MOTION for Extension of Time to File Response/Reply as to #41 MOTION for Summary Judgment by Defendant Thor Motor Coach, Inc.. (Bolden, Erin)
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Filing 61
MOTION for Hearing re #47 MOTION to Strike Expert Testimony of Dennis Bailey by Defendant Thor Motor Coach, Inc.. (Harold, Paul)
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Filing 60
REPLY to Response to Motion re #47 MOTION to Strike Expert Testimony of Dennis Bailey filed by Thor Motor Coach, Inc.. (Harold, Paul)
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Filing 59
RESPONSE by Susan Eckenrode, Amy Neary to #42 Statement Plaintiffs' Response to Defendant Thor Motor Coach, Inc.'s Statement of Material Facts. (Attachments: #1 Exhibit Declaration of Amy Neary, #2 Exhibit Declaration of Susan Eckenrode, #3 Exhibit Declaration of Rhonda Howser, #4 Exhibit Plt Letter to Frank's RV Repair 03/25/2020, #5 Exhibit Thor 30(B)(6) Deposition, #6 Exhibit Tindol Ford Work Order 531144, #7 Exhibit Declaration of Dennis Bailey, #8 Exhibit Dennis Bailey Report, #9 Exhibit Delivery Acceptance Form, #10 Exhibit Camping World Concord 30(B)(6) Deposition, #11 Exhibit Camping World Concord Service Records, #12 Exhibit Bill of Lading, #13 Exhibit Camping World Hanover 30(B)(6) Deposition, #14 Exhibit Camping World Hanover Service Records, #15 Exhibit Camping World Raleigh 30(B)(6) Deposition, #16 Exhibit Camping World Raleigh Service Records - Presale and PDI, #17 Exhibit Camping World Raleigh Service Records - 10/08/19 Work Orders 26513 & 26513A, #18 Exhibit Camping World Raleigh Service Records - 11/30/19 Work Order 27256, #19 Exhibit Camping World Raleigh Service Records - 03/01/20 Word Order 28207, #20 Exhibit Thor Warranty Claims, #21 Exhibit Thor Recall, #22 Exhibit Ford 30(B)(6) Deposition, #23 Exhibit Ford Customer Relationship Center Communication Records, #24 Exhibit Thor Owner's Manual, #25 Exhibit Apple Ford 30(B)(6) Deposition)(Steuart, Scarlett)
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Filing 58
RESPONSE to Motion re #41 MOTION for Summary Judgment Plaintiffs' Response to Defendant Thor Motor Coach, Inc.'s Motion for Summary Judgment filed by Susan Eckenrode, Amy Neary. (Steuart, Scarlett)
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Filing 57
RESPONSE by Susan Eckenrode, Amy Neary to #46 Statement Plaintiffs' Response to Defendant Ford Motor Company's Statement of Material Facts. (Attachments: #1 Exhibit Declaration of Amy Neary, #2 Exhibit Declaration of Rhonda Howser, #3 Exhibit Declaration of Susan Eckenrode, #4 Exhibit Purchase Agreement, #5 Exhibit Retail Finance Contract, #6 Exhibit Records Produced by Tindol Ford, #7 Exhibit Records Produced by Apple Ford, #8 Exhibit Ford OASIS Report, #9 Exhibit Ford Warranty History, #10 Exhibit Ford Cust Relationship Center Communication Records, #11 Exhibit Emails with Ford Cust Relationship Center, #12 Exhibit Ford Resp to Plt 1st Request for Admissions, #13 Exhibit Ford 30(B)(6) Deposition, #14 Exhibit Apple Ford 30(B)(6) Deposition, #15 Exhibit Colton Atteberry Deposition, #16 Exhibit Ford Cust Experience Specialist Lisa Karageanes Depo, #17 Exhibit Records Produced by Camping World Hanover, #18 Exhibit Records Produced by Camping World Raleigh, #19 Exhibit Thor Response to Plt 1st Interrogatories, #20 Exhibit Thor 30(B)(6) Deposition, #21 Exhibit Declaration of Dennis Bailey, #22 Exhibit Dennis Bailey Report, CV and Testimony, #23 Exhibit Declaration of Amy Neary 01/03/2022, #24 Exhibit Declaration of Susan Eckenrode 01/03/2022, #25 Exhibit Affidavit of Counsel)(Wells, Elizabeth)
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Filing 56
RESPONSE to Motion re #44 MOTION for Summary Judgment Plaintiffs' Response to Defendant Ford Motor Company's Motion for Summary Judgment filed by Susan Eckenrode, Amy Neary. (Wells, Elizabeth)
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Filing 55
ORDER GRANTING #54 MOTION for Extension of Time to File Response/Reply as to #53 Response to Motion. Reply to be filed by 5/20/2022. Signed by Judge Robert L Miller, Jr on 5/12/22. (ksp)
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Filing 54
MOTION for Extension of Time to File Response/Reply as to #53 Response to Motion,, by Defendant Thor Motor Coach, Inc.. (Judge, Stephen)
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Filing 53
RESPONSE to Motion re #47 MOTION to Strike Expert Testimony of Dennis Bailey Plaintiffs' Memorandum in Opposition to Defendant Thor Motor Coach, Inc.'s Motion to Exclude Expert Testimony of Dennis Bailey filed by Susan Eckenrode, Amy Neary. (Attachments: #1 Exhibit Declaration of Dennis Bailey, #2 Exhibit Report of Dennis Bailey, #3 Exhibit Lown Deposition Excerpt, #4 Exhibit Kutz v. Jayco - Lown Depo Excerpt, #5 Exhibit RVIA Website, #6 Exhibit Colton Atteberry Depo Excerpt, #7 Exhibit Pattee v. Nexus - Pierce Depo Excerpt, #8 Exhibit Declaration of Ryan Hawkins, #9 Exhibit Report of Doug Lown)(Steuart, Scarlett)
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Filing 52
ORDER granting #51 Motion for Extension of Time to File Response/Reply as to #41 MOTION for Summary Judgment , #44 MOTION for Summary Judgment. Plaintiff's Responses to be filed by 5/18/2022, any Reply to be filed by 6/1/2022. Text-only order by Judge Robert L Miller, Jr on 4/28/2022. (rmc)
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Filing 51
MOTION for Extension of Time to File Response/Reply as to #41 MOTION for Summary Judgment , #44 MOTION for Summary Judgment Plaintiffs' Motion to Extend Response Brief to Defendant Thor Motor Coach, Inc.'s Motion for Summary Judgment and Defendant Ford Motor Company's Motion for Summary Judgment by Plaintiffs Susan Eckenrode, Amy Neary. (Steuart, Scarlett)
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Filing 50
ORDER: Good cause having been shown, the plaintiff's unopposed motion for an extension of time to and including May 4, 2022 #49 to respond to the motion to strike expert testimony is GRANTED. Text-only order by Judge Robert L Miller, Jr on 4/18/2022. (rmc)
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Filing 49
MOTION for Extension of Time to File Response/Reply as to #47 MOTION to Strike Expert Testimony of Dennis Bailey Plaintiffs' Motion to Extend Response Brief Deadline in Opposition to Defendant Thor Motor Coach, Inc.'s Motion to Exclude Expert Testimony of Dennis Bailey by Plaintiffs Susan Eckenrode, Amy Neary. (Steuart, Scarlett)
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Filing 48
MEMORANDUM in Support of #47 MOTION to Strike Expert Testimony of Dennis Bailey filed by Thor Motor Coach, Inc.. (Attachments: #1 Exhibit A - Expert Report of Dennis Bailey, #2 Exhibit B - Declaration of Doug Lown, #3 Exhibit C - Declaration of Robert Schmitt)(Harold, Paul)
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Filing 47
MOTION to Strike Expert Testimony of Dennis Bailey by Defendant Thor Motor Coach, Inc.. (Harold, Paul)
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Filing 46
STATEMENT of Material Facts re #45 Brief in Support filed by Ford Motor Company. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Wood, Jeremiah)
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Filing 45
BRIEF in Support of #44 MOTION for Summary Judgment filed by Ford Motor Company. (Wood, Jeremiah)
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Filing 44
MOTION for Summary Judgment by Defendant Ford Motor Company. (Wood, Jeremiah)
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Filing 43
MEMORANDUM in Support of #41 MOTION for Summary Judgment filed by Thor Motor Coach, Inc.. (Attachments: #1 Exhibit 1 - Deposition of Amy Neary, #2 Exhibit 2 - Purchase Agreement, #3 Exhibit 3 - Warranty Registration, #4 Exhibit 4 - Limited Warranty, #5 Exhibit 5 - Affidavit of Mark Stanley, #6 Exhibit 6 - Deposition of CW Hanover, #7 Exhibit 7 - Deposition of Susan Eckenrode, #8 Exhibit 8 - Deposition of Holiday Kamper, #9 Exhibit 9 - Dennis Bailey Report, #10 Exhibit 10 - Warranty History, #11 Exhibit 11 - CW Work Order 17247)(Gasper, Trevor)
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Filing 42
STATEMENT OF UNDISPUTED MATERIAL FACTS regarding #41 MOTION for Summary Judgment filed by Thor Motor Coach, Inc.. (Gasper, Trevor)
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Filing 41
MOTION for Summary Judgment by Defendant Thor Motor Coach, Inc.. (Gasper, Trevor)
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Filing 40
NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Michael G Gotsch, Sr is now terminated. All further matters will now be handled by Judge Robert L Miller, Jr unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm)
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Filing 39
ORDER denying #38 Motion for Extension of Time to Complete Discovery. Signed by Judge Robert L Miller, Jr on 03/08/2022. (jdb)
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Filing 38
MOTION for Extension of Time to Complete Discovery by Defendants Ford Motor Company, Thor Motor Coach, Inc.. (Judge, Stephen)
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Filing 37
NOTICE of Appearance by Stephen M Judge on behalf of Thor Motor Coach, Inc. (Judge, Stephen)
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Filing 36
NOTICE of Appearance by Paul Edgar Harold on behalf of Thor Motor Coach, Inc. (Harold, Paul)
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Filing 35
ORDER DENYING WITHOUT PREJUDICE #34 Joint MOTION for Protective Order by Plaintiffs Susan Eckenrode, Amy Neary. The Court will entertain a motion for protective order that demonstrates compliance with the applicable Seventh Circuit standard. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/25/2022. (asd)
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Filing 34
Joint MOTION for Protective Order Joint Motion for Protective Order by Plaintiffs Susan Eckenrode, Amy Neary. (Attachments: #1 Exhibit Stipulated Protective Order)(Wells, Elizabeth)
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Filing 33
NOTICE by Ford Motor Company Notice of Deposition of Susan Eckenrode (Wood, Jeremiah)
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Filing 32
NOTICE by Ford Motor Company Notice of Deposition of Amy Neary (Wood, Jeremiah)
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Filing 31
ORDER granting #30 Motion for Extension of Time to Complete Discovery; The joint motion to extend the discovery deadline to March 7, 2022 and to extend the dispositive motions deadline to April 6, 2022 [Doc. No. #30 ] is GRANTED. Text-only order by Judge Robert L Miller, Jr on 1/26/22. (dk)
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Filing 30
Joint MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Deadlines by Plaintiffs Susan Eckenrode, Amy Neary. (Wells, Elizabeth)
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Filing 29
NOTICE of Appearance by Erin V Bolden on behalf of Thor Motor Coach, Inc. (Bolden, Erin)
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Filing 28
STIPULATION re #20 Scheduling Order,,, Stipulation Regarding the State Law Applicable to Plaintiffs' Claims Against Ford Motor Company ONLY by Plaintiffs Susan Eckenrode, Amy Neary. (Steuart, Scarlett) Modified on 1/5/2022 (dk).
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Filing 27
BRIEF re #20 Scheduling Order,,, Plaintiffs' Brief Regarding the State Law Applicable to Plaintiffs' Claims Against Defendant Ford Motor Company. (Attachments: #1 Exhibit Declaration of Amy Neary, #2 Exhibit Declaration of Susan Eckenrode, #3 Errata Purchase Agreement, #4 Exhibit Repair Order, #5 Errata Repair Order, #6 Exhibit Repair Order Part 1, #7 Exhibit Repair Order Part 2, #8 Exhibit Repair Order Part 3, #9 Exhibit Repair Order)(Wells, Elizabeth)
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Filing 26
STIPULATION Stipulation Regarding the State Law Application to Plaintiffs' Claims Against Thor Motor Coach, Inc. ONLY by Plaintiffs Susan Eckenrode, Amy Neary. (Wells, Elizabeth) Modified on 1/5/2022 (dk).
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Filing 25
REPORT of Mediation by Michael Scopelitis.(Scopelitis, Michael)
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Filing 24
ORDER granting #23 Motion for Extension of Time. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 10/8/2021. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/3/21. (cck)
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Filing 23
Joint MOTION for Extension of Time to Complete Discovery of Experts by Defendant Thor Motor Coach, Inc.. (Gasper, Trevor)
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Filing 22
NOTICE of Appearance by Elizabeth Ahern Wells on behalf of Susan Eckenrode, Amy Neary (Wells, Elizabeth)
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Filing 21
NOTICE of Appearance by Scarlett M Steuart on behalf of Susan Eckenrode, Amy Neary (Steuart, Scarlett)
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Filing 20
MEMORANDUM OF SCHEDULING CONFERENCE AND ORDER CONCERNING DISPOSITIVE MOTIONS, PRETRIAL CONFERENCE, AND TRIAL: At the telephonic scheduling conference, the court ordered the parties to file a brief or stipulation regarding the applicable state law by 1/4/2022. Counsel for the plaintiffs was directed to prepare and file the proposed final pretrial order by 8/31/2022, with the exchange of the parties' contentions and witness and exhibit lists to be made consistent with FED. R. CIV. P. 26(a)(3). A final pretrial conference was scheduled for 9/7/2022 01:00 PM (E.D.T.) and four-day Jury Trial for 9/20/2022 09:30 AM (E.D.T.) in US District Court - South Bend before Judge Robert L Miller Jr. Signed by Judge Robert L Miller, Jr on 6/17/2021. (lhc)
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Filing 19
TELEPHONIC SCHEDULING CONFERENCE held on 6/17/2021 before Judge Robert L Miller, Jr. Pla appeared by atty Burdge. Dft appeared by attys Gasper, Wood. After discussions, the court established future deadlines and hearings. Written order to follow. (Court Reporter D. Bonk.) (dk)
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Filing 18
STATUS REPORT (Joint) by Thor Motor Coach, Inc.. (Gasper, Trevor)
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Filing 17
ORDER: A Telephonic Scheduling Conference SET for Thursday, 6/17/2021 09:00 AM (E.D.T). To connect to the conference, parties should dial 888-363-4749 and enter access code 6409377#. To further the goals of Federal Rules of Civil Procedure 1 and 16(b) and assist the court in preparing for the conference, the parties are ORDERED to prepare and submit a brief joint status report on or before 6/10/2021 as outlined in Order. Signed by Judge Robert L Miller, Jr on 5/21/2021. (mrm)
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Filing 16
SCHEDULING ORDER: The Court now ADOPTS the portions of the parties discovery plan as outlined below and establishes the following deadlines: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 10/1/2020. The last date for the parties to amend the pleadings without leave of court is 11/5/2020. The serving of reports from retained experts under Rule 26(a)(2) are due from plaintiff by 8/6/2021; and from defendant(s) 9/3/2021. The last date for the completion of ALL DISCOVERY is 2/4/2022. The last date to file any discovery-related non-dispositive motion shall be 30 days prior to the discovery deadline. The deadline to file any dispositive motions is 3/6/2022. The parties have agreed upon Hon. Michael Scopelitis as mediator. The deadline for the parties to engage in mediation is 12/31/2021. The Rule 16 Preliminary Pretrial Conference for 8/20/2020 at 9:45 A.M. (EDT) is hereby VACATED. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/11/2020. (mrm)
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Filing 15
REPORT of Rule 26(f) Planning Meeting. (Burdge, Ronald)
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Filing 14
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (slm)
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Filing 13
ORDER Joint Proposed Discovery due by 8/12/2020. Rule 16 Preliminary Pretrial Conference set for 8/20/2020 09:45 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/29/20. (slm)
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Filing 12
ANSWER to #1 Complaint, and Affirmative Defenses by Thor Motor Coach, Inc..(Gasper, Trevor)
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Filing 11
Corporate Disclosure Statement by Ford Motor Company. (Wood, Jeremiah)
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Filing 10
ANSWER to #1 Complaint, by Ford Motor Company.(Wood, Jeremiah)
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Filing 9
SUMMONS Returned Executed by Amy Neary, Susan Eckenrode. Ford Motor Company served on 6/8/2020, answer due 6/29/2020. (Attachments: #1 Exhibit)(Burdge, Ronald)
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Filing 8
SUMMONS Returned Executed by Amy Neary, Susan Eckenrode. Ford Motor Company served on 6/5/2020, answer due 6/26/2020. (Attachments: #1 Exhibit)(Burdge, Ronald)
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Filing 7
Summons Issued as to Ford Motor Company. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jat)
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Filing 6
Corporate Disclosure Statement by Thor Motor Coach, Inc. identifying Corporate Parent Thor Industries, Inc. for Thor Motor Coach, Inc... (Gasper, Trevor)
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Filing 5
NOTICE of Appearance by Trevor Q Gasper on behalf of Thor Motor Coach, Inc. (Gasper, Trevor)
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Filing 4
Proposed Summons filed by Susan Eckenrode, Amy Neary. (Burdge, Ronald)
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Filing 3
Waiver of Service Returned Unexecuted as to Ford Motor Company, filed by Susan Eckenrode, Amy Neary. (Burdge, Ronald)
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Filing 2
WAIVER OF SERVICE Returned Executed by Amy Neary, Susan Eckenrode. Thor Motor Coach, Inc. waiver sent on 4/27/2020, answer due 6/26/2020. (Burdge, Ronald)
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**NEW CASE** Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. (shk)
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Filing 1
COMPLAINT with JURY DEMAND against Ford Motor Company, Thor Motor Coach, Inc.( Filing fee $ 400 receipt number 0755-4209134.), filed by Amy Neary, Susan Eckenrode. (Attachments: #1 Civil Cover Sheet, #2 Notice of a Lawsuit and Request to Waive Service, #3 Notice of a Lawsuit and Request to Waive Service, #4 Proposed Waiver of Summons)(Burdge, Ronald) Modified on 4/27/2020 to update document description of attachments filed (shk).
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