Gonzalez v Thor Motor Coach Inc et al
| Albert Gonzalez |
| Thor Motor Coach Inc doing business as Jayco Inc, Richardson's RV Centers, Inc. and Jayco Inc |
| Michael P. Scopelitis ADR Services |
| 3:2023cv00289 |
| April 13, 2023 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Other Statutory Actions |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 Application for Attorney Robert F. Brennan to Appear Pro Hac Vice on behalf of Plaintiff Albert Gonzalez. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5262607 (Attachments: #1 Supplement Certificate of Good Standing - California BAR, #2 Supplement Letter to N. Dist Indiana re PHV admission, #3 Supplement Letter to US Supreme Court for Cert of Good Standing 30 May 23)(Brennan, Robert) |
| Filing 38 NOTICE by Albert Gonzalez of Agreement Between the Parties on a Mediator (Hagan, Keith) |
Filing 37
ORDER setting deadline for Expert Discovery deadline is 2/3/2024. Approved by Magistrate Judge Michael G Gotsch, Sr on 5/11/23. (slm)
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| Filing 36 NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: Pursuant to DE 35 , the parties having consented pursuant to 28 U.S.C. Section 636(c), this case is referred to Magistrate Judge Michael G Gotsch, Sr for all purposes and is reassigned pursuant to General Order 2018-2 from Magistrate Judge Michael G Gotsch, Sr and Judge Damon R Leichty to Magistrate Judge Michael G Gotsch, Sr. (kmt) |
| Filing 35 TELEPHONE CONFERENCE held on 5/10/2023 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Hagen. Parties have given full consent to the Magistrate Judge. By agreement of the parties the Dispositive motions to be filed by 6/3/2024. Telephonic Scheduling Conference set for 5/7/2024 11:00 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr. (slm) |
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Filing 34
SCHEDULING ORDER: Initial Disclosures to be exchanged by 5/3/2023. Mediator Selection Deadline is 6/3/2023. Any amendments to the pleadings to be filed by 6/3/2023. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 1/3/2024. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 2/3/2024. Non-Dispositive Motions due by 4/5/2024. All Discovery to be completed by 5/3/2024. Telephonic Status Conference set for 5/10/2023 at 11:15 AM (EDT) in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/2/23. (jld)
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| Filing 32 Case transferred in from District of Indiana Southern; Case Number 1:23-cv-00012. Original file and docket sheet received. (jld) |
| Filing 31 Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana (South Bend Division), on 4/10/2023. (SWM) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 30 CLOSED TRANSFER to Northern District of Indiana (South Bend Division) - Defendants' motion to transfer venue to the Northern District of Indiana [Filing No. #19 ] is granted. Signed by Magistrate Judge Tim A. Baker on 4/10/2023.(SWM) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 29 ***PLEASE DISREGARD - DOCKETED IN ERROR *** NOTICE of Reassignment of Case to Judge Matthew P. Brookman. Magistrate Judge Tim A. Baker is no longer assigned to this case. Please include the new case number, 1:23-cv-00012-MPB-TAB, on all future filings in this matter. (CKM) Modified on 4/5/2023 (RSF). [Transferred from Indiana Southern on 4/13/2023.] |
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Filing 28
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Parties appeared by Counsel on 3/27/2023, for a Telephonic Initial Pretrial Conference. Dispositive Motions due by 1/3/2024. Discovery due by 11/3/2023. Signed by Magistrate Judge Tim A. Baker on 3/28/2023.(SWM) [Transferred from Indiana Southern on 4/13/2023.]
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Filing 27
ORDER OF REFERENCE - Based upon the written consent of the parties found in the Case Management Plan [Dkt No. #25 ], this case is now referred to the currently assigned United States Magistrate Judge Tim A. Baker to conduct all proceedings and order the entry of judgment, in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. PLEASE USE ALTERED CASE NO. 1:23-cv-00012-TAB-SEB ON ALL FUTURE FILINGS WITH THIS COURT. (See Order.) Signed by Judge Sarah Evans Barker on 3/28/2023. (JSR)[Transferred from Indiana Southern on 4/13/2023.]
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| Filing 25 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ALBERT GONZALES . (Hagan, Keith) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 24 REPLY in Support of Motion re #19 Proposed MOTION to Change Venue , filed by Defendants JAYCO, INC., RICHARDSON'S RV CENTERS, INC.. (Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
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Filing 23
ORDER granting Defendants' #22 Motion for Extension of Time to File Response to Plaintiff's Response in Opposition of Defendants' Motion to Change Venue. Signed by Magistrate Judge Tim A. Baker on 3/3/2023. (SWM) [Transferred from Indiana Southern on 4/13/2023.]
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| Filing 22 Unopposed MOTION for Extension of Time to March 14, 2023 in which to #21 Response in Opposition to Motion to Change Venue, filed by Defendants JAYCO, INC., RICHARDSON'S RV CENTERS, INC.. (Attachments: #1 Text of Proposed Order Order for Extension of Time)(Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 21 RESPONSE in Opposition re #19 Proposed MOTION to Change Venue , filed by Plaintiff ALBERT GONZALES. (Attachments: #1 Affidavit Declaration of Robert F. Brennan, #2 Exhibit 1)(Hagan, Keith) Modified on 3/1/2023 (CKM). [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 20 Submission of Proposed Order on Motion to Transfer, re #19 Proposed MOTION to Change Venue , filed by Defendants JAYCO, INC., RICHARDSON'S RV CENTERS, INC.. (Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 19 Proposed MOTION to Change Venue , filed by Defendants JAYCO, INC., RICHARDSON'S RV CENTERS, INC.. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Jayco, Inc. Business Information, #3 Exhibit C - Ready to Ship Production Information, #4 Exhibit D - Notice of Removal)(Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 18 Jayco, Inc. and Richardson's RV Centers, Inc.'s ANSWER to #9 Amended Complaint and Affirmative Defenses, filed by JAYCO, INC., RICHARDSON'S RV CENTERS, INC..(Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
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Filing 17
SCHEDULING ORDER:Telephonic Initial Pretrial Conference set for 3/27/2023 10:30 AM (Eastern Time) before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Copy to Robert F. Brennan via US. Signed by Magistrate Judge Tim A. Baker on 2/15/2023.(SWM) Modified on 2/15/2023 (SWM). [Transferred from Indiana Southern on 4/13/2023.]
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| Filing 16 MARGINAL ENTRY denying as moot Robert F. Brennan's #8 Motion to Appear pro hac vice. Copy to Robert F. Brennan via US Mail. Signed by Magistrate Judge Tim A. Baker on 2/2/2023. (SWM) [Transferred from Indiana Southern on 4/13/2023.] |
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Filing 15
ORDER granting #13 Motion to Appear pro hac vice. Attorney Robert F. Brennan for ALBERT GONZALES added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Robert F. Brennan via US Mail. Signed by Magistrate Judge Tim A. Baker on 2/2/2023. (SWM) [Transferred from Indiana Southern on 4/13/2023.]
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| Filing 14 NOTICE of Acceptance of Service, filed by Defendants JAYCO, INC., RICHARDSON'S RV CENTERS, INC., re #12 Summons Issued, #9 Amended Complaint, #11 Exhibit. (Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 13 Second MOTION for Attorney(s) Robert F. Brennan to Appear pro hac vice (No fee paid with this filing), filed by Plaintiff ALBERT GONZALES. (Attachments: #1 Text of Proposed Order Proposed Order Granting Appearance Pro Hac Vice)(Hagan, Keith) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 12 Summons Issued as to JAYCO, INC., RICHARDSON'S RV CENTERS, INC.. (CKM) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 11 EXHIBIT re #9 Amended Complaint Exhibit A by ALBERT GONZALES. (Hagan, Keith) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 10 Proposed Summons submitted for issuance by the clerk as to JAYCO, INC., RICHARDSON'S RV CENTERS, INC.. (Hagan, Keith) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 9 AMENDED COMPLAINT Albert Gonzalez against RICHARDSON'S RV CENTERS, INC., JAYCO, INC., filed by ALBERT GONZALES.(Hagan, Keith) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 8 MOTION for Attorney(s) Robert F. Brennan to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7471148), filed by Plaintiff ALBERT GONZALES. (Attachments: #1 Affidavit Certification as per Local Rule 83-6(d), #2 Text of Proposed Order Proposed Order)(Hagan, Keith) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 7 Rule 7.1 Disclosure Statement by RICHARDSON'S RV CENTERS, INC. identifying Corporate Parent CWGS Enterprises, LLC for RICHARDSON'S RV CENTERS, INC... (Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 4 Rule 7.1 Disclosure Statement by RICHARDSON'S RV CENTERS, INC.. (Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 3 Rule 7.1 Disclosure Statement by THOR MOTOR COACH, INC. identifying Corporate Parent THOR INDUSTRIES, INC. for THOR MOTOR COACH, INC... (Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 2 NOTICE of Appearance by Katlyn Marie Foust Hunneshagen on behalf of Defendants RICHARDSON'S RV CENTERS, INC., THOR MOTOR COACH, INC.. (Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court 4, case number 49D04-2212-PL-041828, filed by All Defendants. (Filing fee $402, receipt number AINSDC-7436972) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 State Court Record Summons, Complaint, Appearance)(Foust Hunneshagen, Katlyn) [Transferred from Indiana Southern on 4/13/2023.] |
| Filing 33 STATE COURT COMPLAINT with Jury Demand against Jayco Inc, Richardson's RV Centers, Inc., Thor Motor Coach Inc, filed by Albert Gonzalez in Marion County Superior Court (jld) Modified on 4/13/2023 (jld). |
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