DEFORD et al v. FURNITURE ROW, LLC. et al
| ERIC DEFORD and HEIDI RANDOLPH |
| FURNITURE ROW LLC, FURNITURE ROW USA, LLC, SOFAMART, LLC, SYNERGY HOME FURNISHINGS, LLC, OKIN AMERICA, INC., OKIN REFINED DEWERT OKIN TECHNOLOGY GROUP CO. LTD, PHOENIX MECANO, INC., PHOENIX MECANO MANAGEMENT AG, ELECTRIC TECHNOLOGY CO. LTD, HAINING HIGH POINT FURNITURE CO. LTD, ERIE INSURANCE COMPANY, FURNITURE ROW, LLC., SOFA MART, LLC, DEWERT OKIN TECHNOLOGY GROUP CO. LTD., OKIN REFINED ELECTRIC TECHNOLOGY CO. LTD. and HAINING HIGH POINT FURNITURE CO. LTD. |
| 1:2023cv00915 |
| May 25, 2023 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
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| Filing 40 Transfer Letter to the Clerk of the Hamilton County Court. Copies of case documents and docket enclosed. (JRB) |
Filing 39
ORDER - This case is REMANDED to the Hamilton Superior Court for lack of jurisdiction. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 7/20/2023.(JRB)
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| Filing 38 RESPONSE to Phoenix Mecano Management AG's Response to Notice to the Court, filed by Defendants FURNITURE ROW USA, LLC, FURNITURE ROW, LLC., SOFA MART, LLC. (Shrader, Cathleen) |
| Filing 37 RESPONSE re #35 Notice (Other) of Co-Defendant's No Contest of Remand, filed by Defendant PHOENIX MECANO MANAGEMENT AG. (Attachments: #1 Exhibit 1 to Phoenix Mecano AG's Response to Co-Defendants' Notice Not Contesting Remand)(Kolodkin, Amanda) |
| Filing 36 MARGINAL ENTRY, re #35 Notice - The Court takes note of the Notice to theCourt, Filing No. #35 , filed by Defendants Furniture Row, LLC, Furniture Row USA LLC, and Sofa Mart, LLC (collectively, "Furniture Row") stating that they do not contest remand of this case back to the Hamilton County Superior Court. Any response to Furniture Row's Notice must be filed by July 14, 2023. Signed by Judge Jane Magnus-Stinson on 07/06/2023.(AAS) |
| Filing 35 NOTICE to the Court, filed by Defendants FURNITURE ROW USA, LLC, FURNITURE ROW, LLC., SOFA MART, LLC (Shrader, Cathleen) |
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Filing 34
ORDER - For the foregoing reasons, Furniture Row's Motion for In Camera Inspection of Jurisdictional Information, #24 , is DENIED. Furniture Row's Motion for Extension of Time, #25 , is GRANTED to the extent that Furniture Row is ORDERED to file Rule 7.1 Disclosure Statements and an Amended Notice of Removal consistent with the Court's May 30, 2023 Order by July 7, 2023. Failure to do so will result in the remand of this case to the Hamilton Superior Court.***SEE ORDER***. Signed by Judge Jane Magnus-Stinson on 6/26/2023. (JDC)
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| Filing 33 Answer and Affirmative Defenses to Plaintiff ANSWER to Complaint Second Amended Complaint, filed by PHOENIX MECANO MANAGEMENT AG.(Kolodkin, Amanda) |
| Filing 32 Rule 7.1 Disclosure Statement by PHOENIX MECANO MANAGEMENT AG. (Kolodkin, Amanda) |
| Filing 31 NOTICE of Appearance by Amanda Lauren Kolodkin on behalf of Defendant PHOENIX MECANO MANAGEMENT AG. (Kolodkin, Amanda) |
| Filing 30 REPLY in Support of Motion re #24 MOTION For In Camera Inspection of Jurisdictional Information , filed by Defendants FURNITURE ROW USA, LLC, FURNITURE ROW, LLC., SOFA MART, LLC. (Shrader, Cathleen) |
| Filing 29 AFFIDAVIT of Service for the Summary of the Document to be Served, Letter of Authorization, Alias Summons, Plaintiffs Second Amended Complaint, and Translations served on Phoenix Mecano Management AG on 06/05/2023, filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Deets, Nicholas) |
| Filing 28 RESPONSE in Opposition re #24 MOTION For In Camera Inspection of Jurisdictional Information , filed by Plaintiffs ERIC DEFORD, HEIDI RANDOLPH. (Deets, Nicholas) |
| Filing 27 Rule 7.1 Disclosure Statement by ERIE INSURANCE COMPANY identifying Other Affiliate ERIE INSURANCE EXCHANGE for ERIE INSURANCE COMPANY.. (Strenski, James) |
| Filing 26 EXHIBIT in Support of Motion re #24 MOTION For In Camera Inspection of Jurisdictional Information , filed by Defendants FURNITURE ROW USA, LLC, FURNITURE ROW, LLC., SOFA MART, LLC. (Shrader, Cathleen) |
| Filing 25 MOTION for Extension of Time to File Rule 7.1 Disclosure Statements and Amended Notice of Removal, filed by Defendants FURNITURE ROW USA, LLC, FURNITURE ROW, LLC., SOFA MART, LLC. (Attachments: #1 Order on Motion for Extension of Time)(Shrader, Cathleen) |
| Filing 24 MOTION For In Camera Inspection of Jurisdictional Information, filed by Defendants FURNITURE ROW USA, LLC, FURNITURE ROW, LLC., SOFA MART, LLC. (Attachments: #1 Text of Proposed Order Order on Motion for In Camera Inspection of Information, #2 Text of Proposed Order Order on Following In Camera Inspection of Information)(Shrader, Cathleen) |
| Filing 23 Amended Rule 7.1 Disclosure Statement by SYNERGY HOME FURNISHINGS, LLC. (Shoultz, Richard) Modified on 6/8/2023 - Updated dkt text (JSR). |
| Filing 22 Rule 7.1 Disclosure Statement by SYNERGY HOME FURNISHINGS, LLC. (Shoultz, Richard) |
| Filing 21 NOTICE of Appearance by James P. Strenski on behalf of Defendant ERIE INSURANCE COMPANY. (Strenski, James) |
| Filing 20 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Emily Christine Guenin-Hodson hereby notifies the Clerk of the court of changed contact information. (Guenin-Hodson, Emily) |
| Filing 19 NOTICE of Appearance by Emily Christine Guenin-Hodson on behalf of Plaintiffs ERIC DEFORD, HEIDI RANDOLPH. (Guenin-Hodson, Emily) |
| Filing 18 Rule 7.1 Disclosure Statement by ERIC DEFORD, HEIDI RANDOLPH. (Zipes, Tyler) |
| Filing 17 NOTICE of Appearance by Tyler J Zipes on behalf of Plaintiffs ERIC DEFORD, HEIDI RANDOLPH. (Zipes, Tyler) |
| Filing 16 NOTICE of Appearance by Nicholas Calvin Deets on behalf of Plaintiff ERIC DEFORD. (Deets, Nicholas) |
| Filing 15 Rule 7.1 Disclosure Statement by PHOENIX MECANO, INC.. (Kolodkin, Amanda) |
| Filing 14 Rule 7.1 Disclosure Statement by OKIN AMERICA, INC.. (Kolodkin, Amanda) |
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Filing 13
ORDER - The Court ORDERS Furniture Row to file an Amended Notice of Removal by June 14, 2023, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Plaintiffs are reminded of their obligation to file a statement within thirty days of Furniture Row's filing of the Amended Notice of Removal pursuant to Local Rule 81-1. The Clerk is DIRECTED to make the following corrections to the case caption on CM/ECF: (1) change "Sofamart, LLC" to "Sofa Mart, LLC"; (2) change "Okin Refined Dewert Okin Technology Group Co. Ltd" to "Dewert Okin Technology Group Co. Ltd."; (3) change "Electric Technology Co. Ltd" to "Okin Refined Electric Technology Co. Ltd."; and (4) change "Furniture Row LLC" to "Furniture Row, LLC." Counsel are cautioned to pay attention to detail. (See Order.) Signed by Judge Jane Magnus-Stinson on 5/30/2023. (JSR)
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| Filing 12 NOTICE of Appearance by Casie Towsley on behalf of Defendants FURNITURE ROW LLC, FURNITURE ROW USA, LLC, SOFAMART, LLC. (Towsley, Casie) |
| Filing 11 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JSR) |
| Filing 10 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 9 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (JSR) |
| Filing 8 NOTICE of Appearance by Amanda Lauren Kolodkin on behalf of Defendants OKIN AMERICA, INC., PHOENIX MECANO, INC.. (Kolodkin, Amanda) |
| Filing 7 CONSENT for Removal by OKIN AMERICA, INC., PHOENIX MECANO, INC.. (Kolodkin, Amanda) |
| Filing 6 NOTICE of Appearance by Alexandra Wright on behalf of Defendant SYNERGY HOME FURNISHINGS, LLC. (Wright, Alexandra) |
| Filing 5 NOTICE of Consent to Removal, filed by Defendant SYNERGY HOME FURNISHINGS, LLC, re #1 Notice of Removal. (Shoultz, Richard) |
| Filing 4 NOTICE of Appearance by Richard K. Shoultz on behalf of Defendant SYNERGY HOME FURNISHINGS, LLC. (Shoultz, Richard) |
| Filing 3 NOTICE of Appearance by Cathleen Marie Shrader on behalf of Defendants FURNITURE ROW LLC, FURNITURE ROW USA, LLC, SOFAMART, LLC. (Shrader, Cathleen) |
| Filing 2 NOTICE of Appearance by Thomas M. Kimbrough on behalf of Defendants FURNITURE ROW LLC, FURNITURE ROW USA, LLC, SOFAMART, LLC. (Kimbrough, Thomas) |
| Filing 1 NOTICE OF REMOVAL from Hamilton Superior Court 1, case number 29D01-2203-CT-001913, filed by FURNITURE ROW LLC, FURNITURE ROW USA, LLC, SOFAMART, LLC. (Filing fee $402, receipt number CINSDC-7650245) (Attachments: #1 Exhibit Exhibit A - Erie's Responses to Furniture Row's Discovery, #2 Exhibit Exhibit B - Plaintiffs' Discovery Requests, #3 State Court Record Exhibit C - State Court Record, #4 Civil Cover Sheet Civil Cover Sheet)(Kimbrough, Thomas) |
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