Merchain et al v. Thor Motor Coach, Inc., et al
| Blanca Merchain and Philip Merchain, Jr. |
| John Doe 1-10, Thor Motor Coach Inc and Doe 1 through Doe 10 |
| 3:2020cv00827 |
| October 2, 2020 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Jon E DeGuilio |
| Michael G Gotsch |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on December 28, 2021. A more recent docket listing may be available from PACER.
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Filing 35
SCHEDULING ORDER: The Court now ADOPTS the portions of the parties discovery plan as outlined below and establishes the following deadlines: Pre-Discovery Disclosures due by 12/18/2020. The last date for the parties to amend the pleadings without leave of court is 12/18/2020. The serving of reports from retained experts under Rule 26(a)(2) are due from plaintiffs by 6/4/2021; and from defendant by 7/9/2021. The last date for the completion of ALL DISCOVERY is 11/30/2021. The last date to file any discovery-related nondispositive motion shall be 30 days prior to the discovery deadline. Parties shall name a mediator no later than 12/18/2020. The deadline for the parties to engage in mediation is 4/30/2021. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/2/2020. (mrm)
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Filing 34
REPORT of Rule 26(f) Planning Meeting. (Gasper, Trevor)
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Filing 33
ORDER granting #32 Application to Appear Pro Hac Vice of Attorney Joshua Youssefi PHV for Blanca Merchain and Philip Merchain Jr. Signed by Magistrate Judge Michael G Gotsch, Sr on 10/20/2020. (ace)
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Filing 32
Application for Attorney Joshua Jordan Youssefi to Appear Pro Hac Vice on behalf of Plaintiffs Blanca Merchain and Philip Merchain, Jr.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4374183(Pro Hac Vice Temporary login, )
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Filing 31
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (slm)
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Filing 30
ORDER Joint Proposed Discovery due by 10/28/2020.Telephonic Rule 16 Preliminary Pretrial Conference set for 11/5/2020 11:00 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)
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Filing 29
NOTICE of Appearance by Trevor Q Gasper on behalf of Thor Motor Coach Inc (Gasper, Trevor)
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Filing 27
Case transferred in from District of California Central; Case Number 8:20-cv-01262. Original file and docket sheet received.
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Filing 26
Transfer Out Transmittal Letter (twdb) [Transferred from California Central on 10/2/2020.]
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Filing 25
ORDER by Judge David O. Carter: ON MOTION OF THOR MOTOR COACH, INC. TO TRANSFER VENUE TO INDIANA FEDERAL COURT PURSUANT TO 28 U.S.C. 1404(a) #12 and ORDER ON MOTION OF PLAINTIFFS BLANCA MERCHAIN, PHILIP MERCHAIN, JR. TO REMAND CASE TO ORANGE COUNTY SUPERIOR COURT #11 . The Court hereby DENIES Plaintiffs Blanca Merchain, Philip Merchain, Jr. Motion to Remand Case to Orange County Superior Court as moot. Dkt. 11. Case transferred to United States Federal Court for the Northern District of Indiana. MD JS-6. Case Terminated. (twdb) [Transferred from California Central on 10/2/2020.]
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Filing 24
AMENDED SCHEDULING NOTICE by Judge David O. Carter. The Court finds Plaintiffs' Motion to Remand and Request for Attorney's Fees #11 and Defendant's Motion to Change Venue to Indiana Federal Court #12 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for SEPTEMBER 28, 2020 is removed from the calendar and the motion is taken under submission. No appearances are necessary on this date and time. The Scheduling Conference set for September 28, 2020, is continued to OCTOBER 19, 2020, at 8:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY [Transferred from California Central on 10/2/2020.]
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Filing 23
SCHEDULING NOTICE by Judge David O. Carter. The Court finds Plaintiffs' Motion to Remand and Request for Attorney's Fees #11 and Defendant's Motion to Change Venue to Indiana Federal Court #12 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for Hearing Date is removed from the calendar and the motion is taken under submission. No appearances are necessary on this date and time. The Scheduling Conference set for [insert date] remains as previously set. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY [Transferred from California Central on 10/2/2020.]
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Filing 22
REPLY in support of NOTICE OF MOTION AND MOTION to Change Venue to Indiana Federal Court #12 filed by Defendant Thor Motor Coach, Inc.. (Robertson, James) [Transferred from California Central on 10/2/2020.]
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Filing 21
JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs Blanca Merchain, Philip Merchain, Jr.. (Youssefi, Joshua) [Transferred from California Central on 10/2/2020.]
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Filing 20
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Change Venue to Indiana Federal Court #12 filed by Plaintiffs Blanca Merchain, Philip Merchain, Jr. (Youssefi, Joshua) [Transferred from California Central on 10/2/2020.]
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Filing 19
REPLY Brief to Defendant's Opposition to Plaintiffs' Motion for Remand filed by Plaintiffs Blanca Merchain, Philip Merchain, Jr. (Youssefi, Joshua) [Transferred from California Central on 10/2/2020.]
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Filing 18
NOTICE OF LODGING filed in Support of Opposition to Motion to Remand re MEMORANDUM in Opposition to Motion, #17 (Attachments: #1 Exhibit 1 - sales contract, #2 Exhibit 2- repair orders, #3 Exhibit 3 - lender info, #4 Exhibit 4 - counsel email)(Robertson, James) [Transferred from California Central on 10/2/2020.]
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Filing 17
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #11 filed by Defendant Thor Motor Coach, Inc.. (Attachments: #1 Declaration of Dolores Gonzales in Opposition to Motion for Remand)(Robertson, James) [Transferred from California Central on 10/2/2020.]
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Filing 16
ORDER ON STIPULATION AND JOINT MOTION OF ALL PARTIES TO CONTINUE SCHEDULING CONFERENCE AND RELATED MOTIONS by Judge David O. Carter: Upon Stipulation and Joint Motion #15 , IT IS HEREBY ORDERED that the Scheduling Conference, Plaintiffs' Motion for Remand #11 , and Defendant's Motion for Venue Transfer #12 be continued to 9/28/2020 at 08:30 AM before Judge David O. Carter. (gk) [Transferred from California Central on 10/2/2020.]
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Filing 15
Joint REQUEST to Continue Scheduling Conference and Motion Hearings from September 21, 2020 to September 28, 2020 filed by Defendant Thor Motor Coach, Inc.. (Attachments: #1 Proposed Order Proposed Order on Joint Motion to Continue hearing) (Robertson, James) [Transferred from California Central on 10/2/2020.]
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Filing 14
SCHEDULING NOTICE by Judge David O. Carter. The Court hereby resets the Scheduling Conference and the Motion to Change Venue to Indiana Federal Court filed by Defendant Thor Motor Coach, Inc. #12 to 9/21/2020 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY [Transferred from California Central on 10/2/2020.]
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Filing 13
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Change Venue to Indiana Federal Court #12 (Attachments: #1 Exhibit A - retail installment contract, #2 Exhibit B - Thor Warranty Guide, #3 Exhibit C - Plaintiffs' Complaint, #4 Exhibit D - Notice of Removal, #5 Exhibit E - Thor's Answer to Complaint, #6 Exhibit F - Proposed Order)(Robertson, James) [Transferred from California Central on 10/2/2020.]
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Filing 12
NOTICE OF MOTION AND MOTION to Change Venue to Indiana Federal Court filed by Defendant Thor Motor Coach, Inc.. Motion set for hearing on 9/14/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum Points & Authorities, #2 Declaration of Mark Stanley, #3 Declaration of James Robertson) (Attorney James Robertson added to party Thor Motor Coach, Inc.(pty:dft)) (Robertson, James) [Transferred from California Central on 10/2/2020.]
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Filing 11
NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiffs Blanca Merchain, Philip Merchain, Jr. Motion set for hearing on 9/21/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Remand, #2 Declaration of Joshua J. Youssefi in Support of Plaintiffs' Motion for Remand, #3 Exhibit Exhibit A, #4 Proposed Order Granting Plaintiff's Motion for Remand) (Youssefi, Joshua) [Transferred from California Central on 10/2/2020.]
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 9/14/2020 at 08:30 AM before Judge David O. Carter. (See attached Order for complete details.) (kd) [Transferred from California Central on 10/2/2020.]
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Filing 9
ANSWER to Complaint - (Discovery) filed by Defendant Thor Motor Coach, Inc..(Gonzales, Dolores) [Transferred from California Central on 10/2/2020.]
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Filing 8
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) [Transferred from California Central on 10/2/2020.]
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Filing 7
ORDER RETURNING CASE FOR REASSIGNMENT by Judge James V. Selna. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge James V. Selna to Judge David O. Carter for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-01262-DOC-ADS. (rrp) [Transferred from California Central on 10/2/2020.]
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 10/2/2020.]
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Filing 5
NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Autumn D. Spaeth. (esa) [Transferred from California Central on 10/2/2020.]
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Filing 4
NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge James V. Selna for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Autumn D. Spaeth. New Case Number 8:20-cv-01262 JVS (ADSx). (esa) [Transferred from California Central on 10/2/2020.]
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Filing 3
CERTIFICATE of Interested Parties filed by Defendant Thor Motor Coach, Inc., identifying None. (Gonzales, Dolores) [Transferred from California Central on 10/2/2020.]
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Filing 2
CIVIL COVER SHEET filed by Defendant Thor Motor Coach, Inc.. (Gonzales, Dolores) [Transferred from California Central on 10/2/2020.]
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Filing 1
NOTICE OF REMOVAL from Orange Superior Court, case number 30-2020-01142622-CU-BC-CJC Receipt No: ACACDC-27216259 - Fee: $400, filed by Defendant Thor Motor Coach, Inc.. (Attachments: #1 Exhibit A: Plaintiffs' State Court Action Complaint, #2 Exhibit B: Plaintiffs' State Court 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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CONFORMED COPY OF COMPLAINT against defendants Doe 1 through Doe 10, inclusive, Thor Motor Coach, Inc., filed by plaintiffs Blanca Merchain, Philip Merchain, Jr. (filed in state court 5/26/20, submitted as document 1, attachment 1) (esa) [Transferred from California Central on 10/2/2020.]
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COPY OF SERVICE OF PROCESS TRANSMITTAL executed by Plaintiffs Blanca Merchain, Philip Merchain, Jr, upon Defendant Thor Motor Coach, Inc. served on 6/16/2020. Service of the Summons and Complaint were executed upon CT Corporation, Agent for Service of Process by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (non-conformed, submitted as document 1, attachment 2) (esa) [Transferred from California Central on 10/2/2020.]
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