Schonfeld v. Sunshine Auto Sales Incorporated et al
| Richard A Schonfeld |
| Sunshine Auto Sales Incorporated, Unknown Parties, Ford Motor Company and Thor Motor Coach Inc |
| 3:2021cv00067 |
| January 27, 2021 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Jon E DeGuilio |
| Michael G Gotsch |
| Contract: Other |
| 15 U.S.C. § 2301 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 9, 2021. A more recent docket listing may be available from PACER.
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| CASE DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and the #45 Stipulation to Dismiss. (jss) |
| Filing 45 STIPULATION to Dismiss Entire Case With Prejudice by Plaintiff Richard A Schonfeld. (Schonfeld PHV, Richard) |
| Filing 44 SETTLEMENT CONFERENCE held on 5/18/2021 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared pro'se. Appearance for Dfts' were Trever, Bolden, Pangburn, McInerney, Wood. CASE SETTLED. Dismissal Papers due by 7/9/2021. (slm) |
Filing 43
ORDER granting #42 Motion for Extension of Time to File. Any amendments to the pleadings to be filed by 5/31/2021.Approved by Magistrate Judge Michael G Gotsch, Sr on 4/30/21. (slm)
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| Filing 42 MOTION for Extension of Time to File Unopposed Motion for Extension of Time to File Amendment of Pleadings [Proposed] Order by Plaintiff Richard A Schonfeld. (Schonfeld PHV, Richard) |
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Filing 41
ORDER granting #40 Motion for Extension of Time to File. Any amendments to the pleadings to be filed by 4/30/2021.Approved by Magistrate Judge Michael G Gotsch, Sr on 3/31/21. (slm)
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| Filing 40 MOTION for Extension of Time to File Amendment of Pleadings by Plaintiff Richard A Schonfeld. (Schonfeld PHV, Richard) |
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Filing 39
ORDER SCHEDULING SETTLEMENT CONFERENCE. Confidential Memorandum due 05/10/2021. Settlement Conference set for 5/18/2021 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 2/19/21. (slm) Modified on 2/23/2021 (slm).
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| Filing 38 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 2/19/2021 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Schonfeld. Dft appeared by atty Bolen, Wood. Any amendments to the pleadings to be filed by 3/31/2021. Discovery deadline is 11/15/2021. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 7/16/2021. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 8/16/2021. Initial Disclosures to be exchanged by 3/15/2021. Magistrate Consent forms due by 3/15/2021. (slm) Modified on 2/22/2021 (slm). |
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Filing 37
ORDER granting #36 Motion to Withdraw as Attorney. Attorney Kristine Lucille Gallardo terminated.Approved by Magistrate Judge Michael G Gotsch, Sr on 2/12/21. (slm)
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| Filing 36 MOTION to Withdraw as Attorney by Defendant Ford Motor Company. (Wood, Jeremiah) |
| Filing 35 NOTICE of Appearance by Jeremiah J Wood on behalf of Ford Motor Company (Wood, Jeremiah) |
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Filing 34
ORDER: In accordance with Rule 16 of the Federal Rules of Civil Procedure, this cause is now set for a Telephonic Rule 16 Preliminary Pretrial Conference before Magistrate Judge Michael G. Gotsch, Sr., to be held on 2/19/2021 at 11:00 A.M. (E.S.T.) Trial Counsel are required to participate. To connect to the conference, parties should dial 877-336-1828, and enter access code 5433302# at least five minutes before the conference start time. Counsel shall indicate whether their clients are willing to consent to transfer this case to a Magistrate Judge for all purposes, including trial, by either executing and submitting the consent form or orally inform the court at the Rule 16 Preliminary Pretrial Conference to consent. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/11/2021. (Copy mailed to Attorney Gallardo) (bas) Modified on 2/11/2021 (bas).
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| Filing 33 ANSWER to #1 Complaint and Affirmative Defenses by Sunshine Auto Sales Incorporated, Thor Motor Coach Inc.(Gasper, Trevor) |
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Filing 32
ORDER granting #31 Motion to Withdraw as Attorney. Attorney Kerry Matthew Griggs terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 2/9/21. (slm)
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| Filing 31 MOTION to Withdraw as Attorney on behalf of Kerry Griggs by Defendants Sunshine Auto Sales Incorporated, Thor Motor Coach Inc. (Gasper, Trevor) |
| Filing 30 NOTICE of Appearance by Erin V Bolden on behalf of Sunshine Auto Sales Incorporated, Thor Motor Coach Inc (Bolden, Erin) |
| Filing 29 NOTICE of Appearance by Trevor Q Gasper on behalf of Sunshine Auto Sales Incorporated, Thor Motor Coach Inc (Gasper, Trevor) |
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Filing 28
ORDER granting #27 Application to Appear Pro Hac Vice of Attorney Richard A. Schonfeld PHV for Richard A. Schonfeld. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/5/2021. (ace)
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| Filing 27 Application for Attorney Richard A. Schonfeld to Appear Pro Hac Vice on behalf of Richard A. Schonfeld. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4468972(Pro Hac Vice Temporary login, ) (Main Document 27 replaced on 2/5/2021) (ace). |
| Filing 26 Case transferred in from District of Arizona; Case Number 3:20-cv-08303. Original file and docket sheet received. |
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Filing 25
ORDER - IT IS ORDERED that Thor and Sunshine's motion to transfer venue (Doc. #16 ) is GRANTED. This matter shall be transferred to the United States District Court for the Northern District of Indiana pursuant to 28 U.S.C. 1404(a) and the Limited Warranty's forum-selection clause. IT IS FURTHER ORDERED that Plaintiff's motion for sanctions related to the filing of the motion to transfer venue (Doc. #18 ) is DENIED. (See document for further details). Signed by Judge Douglas L Rayes on 1/26/2021. (LAD) [Transferred from Arizona on 1/27/2021.]
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| Filing 24 REPORT of Rule 26(f) Planning Meeting by Richard A Schonfeld. (Schonfeld, Richard) [Transferred from Arizona on 1/27/2021.] |
| Filing 23 RESPONSE to Motion re: #18 COUNTER MOTION for Terminating Sanctions filed by Sunshine Auto Sales Incorporated, Thor Motor Coach Incorporated. (Griggs, Kerry) [Transferred from Arizona on 1/27/2021.] |
| Filing 22 REPLY to Response to Motion re: #16 MOTION to Change Venue/Transfer Case to U.S. District Court, Northern District of Indiana filed by Sunshine Auto Sales Incorporated, Thor Motor Coach Incorporated. (Griggs, Kerry) [Transferred from Arizona on 1/27/2021.] |
| Filing 21 Corporate Disclosure Statement by Ford Motor Company. (Gallardo, Kristine) [Transferred from Arizona on 1/27/2021.] |
| Filing 20 Defendant Ford Motor Company's ANSWER to #1 Complaint by Ford Motor Company.(Gallardo, Kristine) [Transferred from Arizona on 1/27/2021.] |
| Filing 19 * RESPONSE (Notice of Non-Opposition) to Thor Motor Coach and Sunshine Auto Sales, Inc.'s #16 MOTION to Change Venue/Transfer Case to U.S. District Court, Northern District of Indiana . (Gallardo, Kristine) * Modified to correct event; attorney noticed on 12/21/2020 (LAD). [Transferred from Arizona on 1/27/2021.] |
| Filing 18 * RESPONSE in Opposition re: #16 MOTION to Change Venue/Transfer Case to U.S. District Court, Northern District of Indiana and COUNTER MOTION for Terminating Sanctions filed by Richard A Schonfeld. (Attachments: #1 Exhibit A-E)(Schonfeld, Richard) * Modified to correct event; attorney noticed on 12/15/2020 (LAD). [Transferred from Arizona on 1/27/2021.] |
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Filing 17
ORDER - IT IS ORDERED that the parties' Stipulated Motion #15 is GRANTED. The deadline for Defendant Ford Motor Company to answer Plaintiff's Complaint (Doc. #1 ) shall be extended to and including December 21, 2020. Signed by Judge Douglas L Rayes on 12/10/2020. (WLP) [Transferred from Arizona on 1/27/2021.]
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| Filing 16 MOTION to Change Venue/Transfer Case to U.S. District Court, Northern District of Indiana by Sunshine Auto Sales Incorporated, Thor Motor Coach Incorporated. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibits A - C)(Griggs, Kerry) [Transferred from Arizona on 1/27/2021.] |
| Filing 15 MOTION for Extension of Time to File Answer re: #1 Complaint Stipulated Motion for Extension of Time to Answer Complaint by Ford Motor Company. (Attachments: #1 Text of Proposed Order)(Gallardo, Kristine) [Transferred from Arizona on 1/27/2021.] |
| Filing 14 SERVICE EXECUTED filed by Richard A Schonfeld: Certificate of Service re: Complaint With Jury Demand, Index of Exhibits and Order (Dkt. #6 ) upon Sunshine Auto Sales, Inc. on 11/23/2020. (Schonfeld, Richard) [Transferred from Arizona on 1/27/2021.] |
| Filing 13 SERVICE EXECUTED filed by Richard A Schonfeld: Proof of Service re: Complaint With Jury Demand, Index of Exhibits and Order (Dkt. #6 ) upon Ford Motor Company on 11/19/2020. (Schonfeld, Richard) [Transferred from Arizona on 1/27/2021.] |
| Filing 12 *SERVICE EXECUTED filed by Richard A Schonfeld: Proof of Service re: Complaint With Jury Demand, Index of Exhibits and Order (Dkt. #6 ) upon Thor Motor Coach, Inc. on 11/19/2020. (Schonfeld, Richard) *Modified to remove incorrect summons submitted language on 11/23/2020 (REK). [Transferred from Arizona on 1/27/2021.] |
| Filing 11 Summons Issued as to Ford Motor Company, Sunshine Auto Sales Incorporated, Thor Motor Coach Incorporated. (Attachments: #1 Summons, #2 Summons)(LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (3 total) [Transferred from Arizona on 1/27/2021.] |
| Filing 10 Additional Attachments to Main Document re: #9 Order on Motion to Allow Electronic Filing by Plaintiff Richard A Schonfeld. (Schonfeld, Richard) [Transferred from Arizona on 1/27/2021.] |
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Filing 9
ORDER granting #7 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order. See document for complete details. Signed by Judge Douglas L Rayes on 11/18/2020. (WLP) [Transferred from Arizona on 1/27/2021.]
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| Filing 8 * Summons Submitted re: #1 Complaint by Plaintiff Richard A Schonfeld. (Attachments: #1 Summons Ford Motor Company, #2 Summons Thor Motor Coach, Inc.)(Schonfeld, Richard) * Modified to correct event; attorney noticed on 11/19/2020 (LAD). [Transferred from Arizona on 1/27/2021.] |
| Filing 7 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Richard A Schonfeld. (Schonfeld, Richard) [Transferred from Arizona on 1/27/2021.] |
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Filing 6
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 11/17/2020. (RMV) [Transferred from Arizona on 1/27/2021.]
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| Filing 5 Additional Attachments to Main Document re: #1 Complaint Index of Exhibits A-L by Plaintiff Richard A Schonfeld. (Schonfeld, Richard) [Transferred from Arizona on 1/27/2021.] |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Richard A Schonfeld. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) [Transferred from Arizona on 1/27/2021.] |
| Filing 3 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (BAC) [Transferred from Arizona on 1/27/2021.] |
| Filing 2 Filing fee paid, receipt number 0970-18885955. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-20-08303-PCT-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) [Transferred from Arizona on 1/27/2021.] |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-18885955 filed by Richard A Schonfeld. (Attachments: #1 Civil Cover Sheet)(BAC) [Transferred from Arizona on 1/27/2021.] |
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