Michael Derosa v. Thor Motor Coach, Inc. et al
| Michael Derosa |
| Does 1 through 20, inclusive, Thor Motor Coach Inc and Does 1 through 20 |
| 3:2020cv00826 |
| October 2, 2020 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 27, 2020. A more recent docket listing may be available from PACER.
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Filing 25
ORDER GRANTING #24 MOTION to Continue Rule 16 Conference MOTION for Extension of Time to File Report of Parties Planning Meeting filed by Thor Motor Coach Inc. IT IS THEREFORE ORDERED that the Rule 16 Scheduling Conference currently set for 11/5/2020 at 10:45 is continued to 1/19/2021 at 11:15 AM. IT IS FURTHER ORDERED that the parties shall have to and including 1/12/2021 to file their Report of Parties' Planning Meeting. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/27/2020. (mrm)
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| Filing 24 MOTION to Continue Rule 16 Conference, MOTION for Extension of Time to File Report of Parties Planning Meeting by Defendant Thor Motor Coach Inc. (Gasper, Trevor) |
| Filing 23 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (Copy mailed to Plaintiff ). (slm) Modified on 10/13/2020 (slm). |
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Filing 22
ORDER Joint Proposed Discovery due by 10/28/2020. Telephonic Rule 16 Preliminary Pretrial Conference set for 11/5/2020 10:45 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/13/20. (slm) copy mailed to plf.Modified on 10/13/2020 (slm).
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| Filing 21 NOTICE of Appearance by Trevor Q Gasper on behalf of Thor Motor Coach Inc (Gasper, Trevor) |
| Filing 19 Case transferred in from District of California Central; Case Number 2:20-cv-04895. Original file and docket sheet received. |
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Filing 18
MINUTE ORDER (IN CHAMBERS) GRANTING DEFENDANT'S MOTION TO TRANSFER #9 AND VACATING HEARING by Judge Stephen V. Wilson re: #9 MOTION to Transfer Case. Case transferred to the Northern District of Indiana. Case transferred electronically on 9/30/2020. (See document for details). MD JS-6. Case Terminated. (mrgo) [Transferred from California Central on 10/2/2020.]
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| Filing 17 Declaration of Mark Stanley re: Anticipated Direct Testimony at Evidentiary Hearing on Issue of Warranty Contents Accompanying Plaintiff's Motor Home re NOTICE OF MOTION AND MOTION to Transfer Case to Indiana Federal Court #9 filed by Defendant Thor Motor Coach, Inc.. (Attachments: #1 Exhibit A: Thor Warranty Guide (03/01/18), #2 Exhibit B: Thor Warranty Guide (08/01/17), #3 Exhibit C: Warranty Registration Form)(Gonzales, Dolores) [Transferred from California Central on 10/2/2020.] |
| Filing 16 Stipulation re: Choice of Law and Right to Jury Trial for Plaintiff's Causes of Action for Breach of Express and Implied Warranties re NOTICE OF MOTION AND MOTION to Transfer Case to Indiana Federal Court #9 filed by Defendant Thor Motor Coach, Inc.. (Gonzales, Dolores) [Transferred from California Central on 10/2/2020.] |
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Filing 15
ORDER ON STIPULATION AND JOINT MOTION OF ALL PARTIES TO CONTINUE EVIDENTIARY HEARING ON DEFENDANT THOR MOTOR COACH, INC.'S MOTION TO TRANSFER VENUE TO INDIANA FEDERAL COURT FROM SEPTEMBER 21, 2020 TO OCTOBER 5, 2020 by Judge Stephen V. Wilson, re Stipulation to Continue #14 . (Evidentiary Hearing continued to 10/5/2020 at 01:30 PM before Judge Stephen V. Wilson.) (mrgo) [Transferred from California Central on 10/2/2020.]
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| Filing 14 Joint STIPULATION to Continue Evidentiary Hearing from September 21, 2020 to October 5, 2020 Re: Text Only Scheduling Notice,,, 13 filed by Defendant Thor Motor Coach, Inc.. (Attachments: #1 Proposed Order)(Robertson, James) [Transferred from California Central on 10/2/2020.] |
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Filing 13
SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson - The hearing Motion to Transfer #9 and the initial status conference scheduled for 8/17/20 are vacated and off-calendar. The Court will hold a video evidentiary hearing on 9/21/2020 at 1:30 p.m. limited to the question of the content of the warranty agreement signed by Plaintiff. The parties are directed to produce declarations under penalty of perjury containing the direct testimony of their witnesses 14 days in advance of the hearing. Thor Motor Coach, Inc. is also directed to file with the Court written stipulations regarding enforcement of any choice of law and jury trial waivers as described in its Memorandum of Points & Authorities [9-1]. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY [Transferred from California Central on 10/2/2020.]
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| Filing 12 REPLY in support of NOTICE OF MOTION AND MOTION to Transfer Case to Indiana Federal Court #9 filed by Defendant Thor Motor Coach, Inc.. (Attachments: #1 Declaration Supplemental Stanley Declaration)(Attorney James Richard Robertson added to party Thor Motor Coach, Inc.(pty:dft))(Robertson, James) [Transferred from California Central on 10/2/2020.] |
| Filing 11 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Transfer Case to Indiana Federal Court #9 filed by Plaintiff Michael Derosa. (Barry, David) [Transferred from California Central on 10/2/2020.] |
| Filing 10 SCHEDULING NOTICE: The Initial Status Conference previously scheduled for 07/27/2020 at 3:00 p.m. has been rescheduled to 8/17/2020 at 1:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY [Transferred from California Central on 10/2/2020.] |
| Filing 9 NOTICE OF MOTION AND MOTION to Transfer Case to Indiana Federal Court filed by Defendant Thor Motor Coach, Inc.. Motion set for hearing on 8/17/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Dolores E. Gonzales in Support, #3 Declaration of Mike Murphy in Support, #4 Declaration of Mark Stanley in Support, #5 Notice of Lodgment of Exhibits, #6 Exhibit A: Retail Installment Sales Contract, #7 Exhibit B: Warranty Registration, #8 Exhibit C: Warranty Guilder, #9 Exhibit D: Plaintiff's State Court Action Complaint, #10 Exhibit E: Defendant's Removal of Action, #11 Exhibit F: Defendant's Answer to Complaint) (Gonzales, Dolores) [Transferred from California Central on 10/2/2020.] |
| Filing 8 ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendant Thor Motor Coach, Inc..(Gonzales, Dolores) [Transferred from California Central on 10/2/2020.] |
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Filing 7
ORDER SETTING INITIAL STATUS CONFERENCE for 7/27/2020 at 3:00 PM before Judge Stephen V. Wilson. (pc) [Transferred from California Central on 10/2/2020.]
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Filing 6
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc) [Transferred from California Central on 10/2/2020.]
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| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 10/2/2020.] |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Paul L. Abrams. (car) [Transferred from California Central on 10/2/2020.] |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 20, inclusive, Thor Motor Coach, Inc. Jury Demanded, filed by Plaintiff Michael Derosa. Filed in State Court on 4/21/2020 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) [Transferred from California Central on 10/2/2020.] |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Thor Motor Coach, Inc., (Gonzales, Dolores) [Transferred from California Central on 10/2/2020.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant Thor Motor Coach, Inc.. (Gonzales, Dolores) [Transferred from California Central on 10/2/2020.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV15299 Receipt No: ACACDC-26653791 - Fee: $400, filed by Defendant Thor Motor Coach, Inc.. (Attachments: #1 Exhibit A: Plaintiff's State Court Action Complaint, #2 Exhibit B: Plaintiff's State Court Action Summons-POS (TMC), #3 Exhibit C: Retail Installment Sales Contract, #4 Exhibit D: Notice of Removal to State Court, #5 Exhibit E: Notice of Removal to Plaintiffs) (Attorney Dolores E Gonzales added to party Thor Motor Coach, Inc.(pty:dft))(Gonzales, Dolores) [Transferred from California Central on 10/2/2020.] |
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