Piper et al v. Ford Motor Company et al
| Mary A Piper and Thomas W Loveless |
| Ford Motor Company, Thor Industries Inc, Camping World RV Sales, LLC, Thor Motor Coach Inc and Ford Motor Co |
| 3:2024cv00116 |
| February 6, 2024 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Gretchen S Lund |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 63
ORDER REASSIGNING CASE. Case reassigned to Judge Gretchen S Lund for all further proceedings. Judge Damon R Leichty no longer assigned to case. Signed by Chief Judge Holly A Brady on 3/25/2024. (jss)
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Filing 62
ORDER: Thor's motion is GRANTED #60 and the Rule 16(b) Scheduling Order is VACATED #48 . The Court will initiate proceedings necessary to establish case management deadlines to govern this litigation going forward once the pleadings are finalized. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/22/2024. (rmf)
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| Filing 61 NOTICE of Appearance by Jeremiah J Wood on behalf of Ford Motor Co (Wood, Jeremiah) |
| Filing 60 MOTION to Vacate #48 Order,,, Pursuant to Rule 16 by Defendants Camping World RV Sales, LLC, Thor Motor Coach Inc. (Bolden, Erin) |
| Filing 59 NOTICE of Appearance by Erin V Bolden on behalf of Camping World RV Sales, LLC, Thor Motor Coach Inc (Bolden, Erin) |
| Filing 58 Case transferred in from District of Virginia Eastern; Case Number 1:23-cv-01088. Original file and docket sheet received. (jld) |
| Filing 57 The Court hereby GRANTS Thor Motors' motion to transfer (ECF No. 36) and DIRECTS the Clerk to transfer this case to the Northern District of Indiana, South Bend Division. As a necessary consequence, this case is now CLOSED. Signed by District Judge David J. Novak on 1/29/2024. (Sbro) [Transferred from Virginia Eastern on 2/6/2024.] |
| Case transferred to the Northern District of Indiana - South Bend Division. Electronic file, transfer order, and docket sheet sent. (wgar, ) [Transferred from Virginia Eastern on 2/6/2024.] |
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Filing 56
ORDER (Canceling Motion Hearing): Absent a need for argument, the Court will resolve the Motions based on the briefing pursuant to Local Civil Rule 7(J). Accordingly, the Court hereby CANCELS the hearing scheduled in this case for February 2, 2024. Signed by District Judge David J. Novak on 1/26/2024. (tran) [Transferred from Virginia Eastern on 2/6/2024.]
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| ***Motions Hearing set for 2/2/2024 at 10:00 AM in Alexandria Courtroom 900 - CANCELED. (tran) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 55 RESPONSE in Support re #36 MOTION to Transfer Case filed by Thor Motor Coach, Inc.. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 54 Opposition to #36 MOTION to Transfer Case filed by Thomas W Loveless, Mary A Piper. (Attachments: #1 Exhibit Plaintiff's Declaration)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
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Filing 53
ORDER REASSIGNING. Signed by District Judge David J. Novak on 1/18/2024. SEE ORDER FOR ALL DETAILS.(tran) [Transferred from Virginia Eastern on 2/6/2024.]
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Filing 52
ORDERED that all civil actions currently assigned to the Honorable T.S. Ellis, III, other than 42 U.S.C. 1983 prisoner rights cases and habeas cases filed under 28 U.S.C. 2254, 28 U.S.C. 2241, and 28 U.S.C. 2255, be transferred to the Honorable David J. Novak, effective as of the date of this Order. Signed by Chief District Judge Mark S. Davis on 01/18/2024.(tran) [Transferred from Virginia Eastern on 2/6/2024.]
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| Case Reassigned to District Judge David J. Novak. District Judge T. S. Ellis, III no longer assigned to the case. (tran) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 51 RESPONSE in Support re #34 MOTION to Dismiss for Failure to State a Claim filed by Thor Motor Coach, Inc.. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Set Deadlines as to #34 MOTION to Dismiss for Failure to State a Claim and #36 MOTION to Transfer Case. Motion Hearing set for 2/2/2024 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (jlan) [Transferred from Virginia Eastern on 2/6/2024.] |
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Filing 50
ORDER TO SHOW CAUSE: ORDERED that Plaintiffs are DIRECTED to SHOW CAUSE why Thor Motor Coach, Inc.'s Motion to Transfer Venue #36 should not be granted. Plaintiffs may show cause by filing a memorandum opposing Thor Motor Coach's motion to transfer on or before 5:00 p.m. on Friday, January 19, 2024. Signed by District Judge Leonie M. Brinkema on 1/5/2024. (tran) [Transferred from Virginia Eastern on 2/6/2024.]
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| Filing 49 Notice of Hearing in re #34 MOTION to Dismiss for Failure to State a Claim and #36 MOTION to Transfer Case by Thor Industries, INC. (Moghaddassi, Soroush) Modified text on 1/7/2024 (jlan) [Transferred from Virginia Eastern on 2/6/2024.] |
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Filing 48
Order Rule 16(b) Scheduling Order - Because the parties Proposed Joint Discovery Plan [Dkt. No. 47] adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for January 10, 2024, pursuant to Rule 16(b) and this Court's December 11, 2023, Order, is cancelled. Upon consideration of the representations made by the parties in their Proposed Joint Discovery Plan, the Court makes the following rulings: The parties Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the Court. Signed by Magistrate Judge Ivan D. Davis on 01/04/2024. SEE ORDER FOR FURTHER DETAILS. (wgar, ) Modified on 1/4/2024 to correct docket text (wgar, ). [Transferred from Virginia Eastern on 2/6/2024.]
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| Filing 47 Joint Proposed Discovery Plan by Thor Motor Coach, Inc..(Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
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Filing 46
ORDERED that the Motion is GRANTED. Defendants shall submit their Reply Brief no later than January 9, 2024 in re #45 MOTION for Extension of Time to File Response/Reply Brief in Support of Motion to Dismiss. Signed by Magistrate Judge Ivan D. Davis on 1/2/2024. (swil) [Transferred from Virginia Eastern on 2/6/2024.]
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| Filing 45 MOTION for Extension of Time to File Response/Reply Brief in Support of Motion to Dismiss by Thor Motor Coach, Inc.. (Attachments: #1 Proposed Order)(Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
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Filing 44
ORDERED that the Motion is GRANTED in re #42 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Ivan D. Davis on 12/28/2023. (Sbro) [Transferred from Virginia Eastern on 2/6/2024.]
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| Filing 43 Opposition filed by Thomas W Loveless, Mary A Piper. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 42 MOTION for Extension of Time to File Response/Reply as to #35 Memorandum in Support, #34 MOTION to Dismiss for Failure to State a Claim by Thomas W Loveless, Mary A Piper. (Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 41 NOTICE of Appearance by Nadeem B. Bohsali on behalf of Thor Industries, INC (Bohsali, Nadeem) [Transferred from Virginia Eastern on 2/6/2024.] |
| Notice of Correction: Filing user notified to file a Notice of Hearing or Waiver of Oral Argument in re #34 MOTION to Dismiss for Failure to State a Claim , #36 MOTION to Transfer Case (Sbro) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 40 Financial Interest Disclosure Statement (Local Rule 7.1) by Thor Motor Coach, Inc.. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 39 Citizenship Disclosure Form (Local Rule 7.1) by Thor Motor Coach, Inc.. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 38 ANSWER to Complaint by Thor Motor Coach, Inc..(Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 37 Memorandum in Support re #36 MOTION to Transfer Case to the United States District Court for the Northern District of Indiana, South Bend Division filed by Thor Motor Coach, Inc.. (Attachments: #1 Exhibit Warranty Registration)(Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 36 MOTION to Transfer Case by Thor Motor Coach, Inc.. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 35 Memorandum in Support re #34 MOTION to Dismiss for Failure to State a Claim filed by Thor Motor Coach, Inc.. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 34 MOTION to Dismiss for Failure to State a Claim by Thor Motor Coach, Inc.. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
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Filing 33
SCHEDULING ORDER: Initial Pretrial Conference set for 01/10/2024 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan. D. Davis. Discovery due by 03/29/2024. Final Pretrial Conference set for 05/02/2024 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do not file dispositive motions). Final Pretrial Conference set for 05/30/2024 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III (If the parties do file dispositive motions). Signed by District Judge T. S. Ellis, III on 12/11/2023.(Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice)(jlan, ) (Main Document 33 replaced to correct typo in document on 12/12/2023) (Sbro). [Transferred from Virginia Eastern on 2/6/2024.]
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Filing 32
ORDERED that Camping World RV Sales, LLC's Motion to Dismiss (Dkt. 8) is GRANTED IN PART and DENIED IN PART. Specifically, Count Two of Plaintiffs' Amended Complaint (Dkt. 27), which alleges a violation of the Magnuson-Moss Act, is DISMISSED as against Camping World. The motion is DENIED in all other respects. It is further ORDERED that Camping World's Motion for Leave to Respond to Plaintiffs' Post-Hearing Submission (Dkt. 30) is DENIED AS MOOT because Plaintiffs' proffered supplemental authority (Dkt. 29) does not affect the analysis or alter the result reached here. Signed by District Judge T. S. Ellis, III on 12/11/2023. (jlan) [Transferred from Virginia Eastern on 2/6/2024.]
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| Filing 31 Memorandum in Support re #30 MOTION for Leave to File Response to Plaintiffs' Post-Hearing Submission filed by Camping World RV Sales, LLC. (Attachments: #1 Proposed Order Exhibit 1)(Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 30 MOTION for Leave to File Response to Plaintiffs' Post-Hearing Submission by Camping World RV Sales, LLC. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 29 Letter re: Referenced Authority. (Attachments: #1 Exhibit)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 28 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 12/1/2023 re #8 MOTION to Dismiss filed by Camping World RV Sales, LLC.James Feinman appeared on behalf of the plaintiff.Soroush Moghaddassi appeared on behalf of the defendant(s) Thor Industries, Inc, Thor Motor Coach, Inc. & Camping World RV Sales, LLC.Elizabeth Scully appeared on behalf of the Ford Motor Company.Matter argued and taken under advisement. Order to follow. Court Reporter: R. Stonestreet(tran) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 27 AMENDED COMPLAINT against Camping World RV Sales, LLC, Ford Motor Company, Thor Industries, INC, Thor Motor Coach, Inc., filed by Mary A Piper, Thomas W Loveless.(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
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Filing 26
ORDERED that non-party Thor Motor Coach, Inc. is hereby ADDED as a party defendant pursuant to Rule 21, Fed. R. Civ. P. It is further ORDERED that Thor Industries, Inc.'s Motion to Dismiss #15 is hereby DENIED AS MOOT. It is further ORDERED that Plaintiffs are DIRECTED to file their Amended Complaint (see Dkt. 25-1) on the docket on or before 5:00 p.m. on Friday, December 1, 2023. It is further ORDERED pursuant to Rule 15(a)(3), Fed. R. Civ. P., that Defendant Thor Motor Coach, Inc. is DIRECTED to respond to the Amended Complaint on or before 5:00 p.m. on Tuesday, December 12, 2023. Signed by District Judge T. S. Ellis, III on 11/28/2023. (tran) [Transferred from Virginia Eastern on 2/6/2024.]
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| Notice of Correction: Filing user notified to file a Notice of Hearing or Waiver of Oral Argument in re #25 MOTION to Amend/Correct (Sbro) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 25 MOTION to Amend/Correct by Thomas W Loveless, Mary A Piper. (Attachments: #1 Amended Complaint)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 24 RESPONSE in Opposition re #15 MOTION to Dismiss for Failure to State a Claim filed by Thomas W Loveless, Mary A Piper. (Attachments: #1 Exhibit First Amended Complaint)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
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Filing 23
ORDERED that the Motion is GRANTED. Plaintiff shall file their response to Thor Industries Inc.'s Motion to Dismiss no later than November 20, 2023 re #22 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Ivan D. Davis on 10/24/2023. (Sbro) [Transferred from Virginia Eastern on 2/6/2024.]
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| Notice of Correction: Filing user notified to file a Notice of Hearing or Waiver of Oral Argument re #22 MOTION for Extension of Time to File Response/Reply (Sbro) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 22 MOTION for Extension of Time to File Response/Reply by Thomas W Loveless, Mary A Piper. (Attachments: #1 Joint Motion for Extension)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
| Set Deadlines as to #15 MOTION to Dismiss for Failure to State a Claim, #8 MOTION to Dismiss. Motion Hearing set for 12/1/2023 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (wgar, ) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 21 Notice of Hearing Date re #15 MOTION to Dismiss for Failure to State a Claim (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 20 Notice of Hearing Date re #8 MOTION to Dismiss (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 19 EXHIBIT Warranty Guide by Thor Industries, INC.. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Notice of Correction: Filing user notified to file a Notice of Hearing or waiver of oral Argument in re #15 MOTION to Dismiss for Failure to State a Claim. (jlan) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 18 Financial Interest Disclosure Statement (Local Rule 7.1) by Thor Industries, INC. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 17 Citizenship Disclosure Form (Local Rule 7.1) by Thor Industries, INC. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 16 Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim filed by Thor Industries, INC. (Attachments: #1 Exhibit Exhibit A: Warranty Guide)(Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 15 MOTION to Dismiss for Failure to State a Claim by Thor Industries, INC. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 14 REPLY to Response to Motion re #8 MOTION to Dismiss filed by Camping World RV Sales, LLC. (Attachments: #1 Exhibit Exhibit 1: VSC, #2 Exhibit Exhibit 2: PPC (endorsed page 1), #3 Exhibit Exhibit 3: PPC (full document), #4 Exhibit Exhibit 4: Promissory Note and Security Agreement)(Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 13 Objection to #8 MOTION to Dismiss , Opposition to Motion to Dismiss filed by Thomas W Loveless, Mary A Piper. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 12 Certificate of Compliance Thor Industries, INC served on 9/14/2023, answer due 10/5/2023. (Attachments: #1 Envelope) (Sbro) Modified docket text on 9/29/2023 (Sbro). [Transferred from Virginia Eastern on 2/6/2024.] |
| Notice of Correction: Filing user notified to file a Notice of Hearing or waiver of oral Argument in re #8 MOTION to Dismiss (Sbro) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 11 Corporate Disclosure Statement by Camping World RV Sales, LLC. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 10 ANSWER to Complaint by Camping World RV Sales, LLC.(Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 9 Memorandum in Support re #8 MOTION to Dismiss filed by Camping World RV Sales, LLC. (Attachments: #1 Purchase Contract)(Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 8 MOTION to Dismiss by Camping World RV Sales, LLC. (Moghaddassi, Soroush) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 7 ANSWER to Complaint by Ford Motor Company.(Johnson, Brian) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 6 NOTICE of Appearance by Brian Vincent Johnson on behalf of Ford Motor Company (Johnson, Brian) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 5 Summons Issued as to Camping World RV Sales, LLC, Ford Motor Company, Thor Industries, INC, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Summons Notice)(swil) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 4 Proposed Summons by Thomas W Loveless, Mary A Piper. (Attachments: #1 Proposed Order)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 3 Proposed Summons by Thomas W Loveless, Mary A Piper. (Attachments: #1 Proposed Order)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 2 Proposed Summons by Thomas W Loveless, Mary A Piper. (Attachments: #1 Proposed Order)(Feinman, James) [Transferred from Virginia Eastern on 2/6/2024.] |
| Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge Ivan D. Davis. (swil) [Transferred from Virginia Eastern on 2/6/2024.] |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-9081257.), filed by Mary A Piper, Thomas W Loveless.(Feinman, James) (Additional attachment(s) added on 8/18/2023: #1 Civil Cover Sheet) (swil). (Main Document 1 replaced on 8/18/2023) (swil). Modified to add complaint to docket entry on 8/18/2023 (swil). [Transferred from Virginia Eastern on 2/6/2024.] |
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