Depew et al v. Fairline Boats North America et al
Plaintiff: Carol Depew and Frank Depew
Defendant: Fairline Boats North America and Caterpillar, Inc.
Case Number: 8:2007cv01523
Filed: June 8, 2007
Court: US District Court for the District of Maryland
Office: Greenbelt Office
County: Prince George's
Presiding Judge: Roger W Titus
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 18, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 18, 2010 Filing 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 6, 2008, before Judge Roger W. Titus. Court Reporter/Transcriber Tracy Dunlap, Telephone number 301.344.3912. Total number of pages filed: 42. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER... Redaction Request due 7/9/2010. Redacted Transcript Deadline set for 7/19/2010. Release of Transcript Restriction set for 9/16/2010. (trd, Court Report)
November 11, 2008 Filing 63 Correspondence re: Defendant's Line Withdrawing Bill Of Costs (Panzer, David)
October 20, 2008 Filing 62 BILL OF COSTS by Fairline Boats North America. (Panzer, David) Modified on 11/12/2008 (elt, Deputy Clerk). [PER DOCKET ENTRY 63 - BILL OF COSTS WITHDRAWN]
October 6, 2008 Filing 61 Motion Hearing held on 10/6/2008 re #54 MOTION to Dismiss Second Amended Complaint filed by Fairline Boats North America held before Judge Roger W Titus. (Court Reporter: T. Dunlap) (hbm, Courtroom Deputy Clerk)
October 6, 2008 Opinion or Order Filing 60 ORDER granting #54 Defendant Fairline Boats of North America, Inc.'s Motion to Dismiss Plaintiff's Second Amended Complaint; that any claims brought by Plaintiffs in their Second Amended Complaint are DISMISSED WITH PREJUDICE; that judgment for costs shall be entered for the Defendant Fairline Boats of North America, Inc.; and the Clerk of the Court is directed to close this case. Signed by Judge Roger W Titus on 10/06/2008. (elt, Deputy Clerk)
July 21, 2008 Filing 59 REPLY to Response to Motion re #54 MOTION to Dismiss Second Amended Complaint filed by Fairline Boats North America. (Panzer, David)
July 15, 2008 Filing 58 MEMORANDUM Scheduling Hearing on #54 Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint for October 6, 2008 at 10:00 a.m. (Titus, Roger)
July 7, 2008 Filing 57 RESPONSE in Opposition re #54 MOTION to Dismiss Second Amended Complaint filed by Frank Depew, Carol Depew. Replies due by 7/21/2008. (Sheehan, Angela)
June 25, 2008 Filing 56 PAPERLESS Order GRANTING #55 Joint Stipulation to extend time for responding to Motion to Dismiss Second Amened Complaint shall be extended to and including July 7, 2008. (Titus, Roger)
June 24, 2008 Filing 55 STIPULATION re #54 MOTION to Dismiss Second Amended Complaint to Extend Time Within Which Plaintiffs May Respond to July 7, 2008 by Frank Depew, Carol Depew. (Sheehan, Angela)
June 12, 2008 Filing 54 MOTION to Dismiss Second Amended Complaint by Fairline Boats North America Responses due by 6/30/2008 (Attachments: #1 Memorandum In Support, #2 Exhibit A, #3 Exhibit B)(Panzer, David)
June 6, 2008 Filing 53 Transcript of Proceedings held on April 28, 2008; 44 pgs, before Judge Roger W. Titus. Court Reporter/Transcriber Tracy Dunlap, Telephone number 301.344.3912. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER.. Redaction Request due 6/24/2008. Redacted Transcript Deadline set for 7/7/2008. Release of Transcript Restriction set for 9/2/2008. (trd, Court Report)
June 6, 2008 Filing 52 NOTICE to Substitute Attorney (Lundstedt, Andreas)
May 27, 2008 Filing 51 SECOND AMENDED COMPLAINT against Fairline Boats North America, filed by Frank Depew, Carol Depew. (Attachments: #1 Exhibit Declaration of DePew, #2 Exhibit Declaration of Capt. Osley, #3 Exhibit Osley Resume)(Sheehan, Angela) Modified on 5/28/2008 (elt, Deputy Clerk).
May 22, 2008 Filing 50 NOTICE of Appearance by Angela Donovan Sheehan on behalf of all plaintiffs (Sheehan, Angela)
April 29, 2008 Opinion or Order Filing 49 ORDER granting #37 Motion to Dismiss Plaintiff's Amended Complaint; that any claims brought by Plaintiff in their Amended Complaint #31 for violations of the Maryland Consumer Protection Act (Count III) are DISMISSED WITH PREJUDICE; that any claims brought by Plaintiffs in their Amended Complaint #31 for either (1) breach of implied warranty of merchantability or (2) breach of implied warranty of fitness for a particular purpose, in violation of the Maryland Commercial Code (COunt II) are DISMISSED WITH PREJUDICE; that any claims brought by Plaintiffs in their Amended Complaint #31 for either (1) breach of express warranty in violation of the Maryland Commercial Code (Count II) or (2) violation of the Magnuson-Moss Warranty Act (Count I) are DISMISSED WITHOUT PREJUDICE to the right of Plaintiff's to amend their Complaint in accordance with this ORder; and that Plaintiffs are granted leave to amend their Complaint in accordance with this Order and the Court's statements on the record within 30 days from the date of entry of this Order. Signed by Judge Roger W Titus on 4/28/2008. (elt, Deputy Clerk)
April 28, 2008 Filing 48 Motion Hearing held before Judge Roger W Titus on 4/28/2008 re #37 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Fairline Boats North America. Written order to be entered by the Court (Court Reporter Tracy Dunlap) (has, Deputy Clerk)
April 1, 2008 Opinion or Order Filing 47 PAPERLESS ORDER GRANTING #46 Motion to Withdraw as Attorney. Signed by Judge Roger W Titus on 4/1/08. (Titus, Roger)
March 21, 2008 Filing 46 MOTION to Withdraw as Attorney by Frank Depew, Carol Depew Responses due by 4/7/2008 (Snyder, Larna)
March 20, 2008 Filing 45 NOTICE to Substitute Attorney And Withdrawal (Nelson, Rowena)
March 20, 2008 Filing 44 NOTICE of Appearance by Andreas Lundstedt on behalf of Frank Depew, Carol Depew (Lundstedt, Andreas)
February 29, 2008 Filing 43 NOTICE of Appearance by Rowena Nicole Nelson on behalf of Frank Depew, Carol Depew (Nelson, Rowena)
January 14, 2008 Opinion or Order Filing 42 ORDER granting #41 Motion to Continue, the motions hearing previously scheduled for April 14, 2208 is RESCHEDULED for April 28, 2008 at 2:00 p.m. Signed by Judge Roger W Titus on 1/14/2008. (elt, Deputy Clerk)
December 18, 2007 Filing 41 MOTION to Continue April 14, 2008 Motions Hearing by Fairline Boats North America. Responses due by 1/4/2008 (Attachments: #1 Memorandum in Support#2 Exhibit 1#3 Exhibit 2)(Panzer, David)
December 12, 2007 Filing 40 MEMO Scheudling a Motions Hearing for April 14, 2008 at 2:00 p.m. re: #37 Motion to Dismiss Amended Complaint. (Titus, Roger)
November 29, 2007 Filing 39 REPLY to Response to Motion re #37 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Fairline Boats North America. (Panzer, David)
November 15, 2007 Filing 38 RESPONSE in Opposition re #37 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Frank Depew, Carol Depew.Replies due by 11/29/2007. (Attachments: #1 Amended Complaint#2 Repair Orders#3 3/21/06 Correspondence#4 Text of Proposed Order)(Snyder, Larna)
October 29, 2007 Filing 37 MOTION to Dismiss Plaintiffs' Amended Complaint by Fairline Boats North America. Responses due by 11/15/2007 (Attachments: #1 Memorandum in Support#2 Exhibit A)(Panzer, David)
October 29, 2007 Opinion or Order Filing 36 ORDER denying #32 Motion to Strike Plaintiff's Amended Complaint. Signed by Judge Roger W Titus on 10/29/07. (ch, Deputy Clerk)
October 22, 2007 Filing 35 STIPULATION of Dismissal of Caterpillar, Inc. by Frank Depew, Carol Depew. (Snyder, Larna)
October 22, 2007 Filing 34 Local Rule 103.6(c) Redline version of Amended Complaint. (Snyder, Larna) Modified on 10/23/2007 (elt, Deputy Clerk).
October 19, 2007 Opinion or Order Filing 33 ORDER denying as moot #8 Motion to Dismiss and Plaintiff is DIRECTED to promptly comply with Local Rule 103.6(c). Signed by Judge Roger W Titus on 10/18/2007. (elt, Deputy Clerk)
October 18, 2007 Filing 32 MOTION to Strike #31 Amended Complaint by Fairline Boats North America. Responses due by 11/5/2007 (Attachments: #1 Memorandum in Support#2 Text of Proposed Order)(Panzer, David)
October 12, 2007 Filing 31 AMENDED COMPLAINT against Fairline Boats North America, filed by Frank Depew, Carol Depew.(elt, Deputy Clerk)
October 12, 2007 Filing 30 NOTICE by Frank Depew, Carol Depew Notice of Filing Amended Complaint (Attachments: #1 Amended Complaint)(Snyder, Larna)
October 10, 2007 Opinion or Order Filing 29 ORDER granting in part #26 Emergency MOTION to Continue Motion to Dismiss Hearing. The October 15, 2007 hearing on Defendants' Motion to Dismiss [paper No. 8] is CANCELLED. Signed by Judge Roger W Titus on 10/09/2007. (ads, Deputy Clerk)
October 5, 2007 Filing 28 NOTICE by Caterpillar, Inc. /Defendant Caterpillar, Inc.'s Adoption of Defendant Fairline Boats of North America, Inc.'s Reply Memorandum in Further Support of Motion to Dismiss (Wasserman, Jason)
October 4, 2007 Filing 27 RESPONSE to Motion re #26 Emergency MOTION to Continue Motion to Dismiss Hearing filed by Fairline Boats North America.Replies due by 10/18/2007. (Panzer, David)
October 2, 2007 Filing 26 Emergency MOTION to Continue Motion to Dismiss Hearing by Frank Depew, Carol Depew. Responses due by 10/19/2007 (Snyder, Larna)
August 20, 2007 Opinion or Order Filing 25 Memorandum/ORDER granting #24 Request for Hearing. The hearing on Defendants' Motion to Dismiss #8 is RESCHEDULED to October 15, 2007 at 4:00 p.m. Signed by Judge Roger W Titus on 08/20/2007. (elt, Deputy Clerk)
August 15, 2007 Filing 24 Request for Hearing Consent Motion to Reschedule the Motions Hearing. (Attachments: #1 Text of Proposed Order)(Wasserman, Jason)
August 14, 2007 Filing 23 REPORT of Rule 26(f) Planning Meeting. (Panzer, David)
August 10, 2007 Opinion or Order Filing 22 ORDER granting #21 Motion to Continue; ORDERED that motions hearing previously scheduled for November 26, 2007 is RESCHEDULED to October 1, 2007 at 3:30 p.m.. Signed by Judge Alexander Williams Jr. for Judge Roger W. Titus on 8/10/07. (ch, Deputy Clerk)
August 9, 2007 Filing 21 Consent MOTION to Continue Motion to Dismiss Hearing by Frank Depew, Carol Depew. Responses due by 8/27/2007 (Snyder, Larna)
July 20, 2007 Filing 20 REPLY to Response to Motion re #8 MOTION to Dismiss filed by Caterpillar, Inc.. (Wasserman, Jason)
July 11, 2007 Filing 19 MEMO Scheduling a Motions Hearing for November 26, 2007 at 11:30 a.m. re: #8 Defendant Fairline Boats North America's Motion to Dismiss. (Titus, Roger)
July 10, 2007 Filing 18 REPLY to Response to Motion re #8 MOTION to Dismiss filed by Fairline Boats North America. (Panzer, David)
July 9, 2007 Filing 17 RESPONSE re #16 Notice (Other) Plaintiffs Opposition to Caterpillar's Motion to Dismiss filed by Frank Depew, Carol Depew. (Attachments: #1 Text of Proposed Order #2 Certificate of Service)(Snyder, Larna)
July 2, 2007 Filing 16 NOTICE by Caterpillar, Inc. /Defendant Caterpillar, Inc.'s Adoption of Defendant Fairline Boats of North America, Inc.'s Motion to Dismiss (Attachments: #1 Exhibit)(Wasserman, Jason)
June 27, 2007 Filing 15 RESPONSE re #8 MOTION to Dismiss Plaintiffs' Opposition to Defendant Fairline's Motion to Dismiss filed by Frank Depew, Carol Depew. (Attachments: #1 Exhibit Exhibit A, Exhibit B, & Exhibit C#2 Certificate of Service#3 Text of Proposed Order)(Snyder, Larna)
June 26, 2007 Filing 14 Notice of Appearance by Frank Depew, Carol Depew. Responses due by 7/13/2007 (Snyder, Larna) Modified on 6/27/2007 (elt, Deputy Clerk).
June 22, 2007 Opinion or Order Filing 13 PAPERLESS ORDER GRANTING #10 Consent Motion for Extension of Time to File Answer by July 2, 2007. Signed by Judge Roger W Titus on 6/21/07. (Titus, Roger)
June 21, 2007 Filing 12 NOTICE by Fairline Boats North America, Caterpillar, Inc. re #6 Order Defendants' Joint Statement Concerning Removal (Panzer, David)
June 21, 2007 Filing 11 Local Rule 103.3 Disclosure Statement by Caterpillar, Inc.. (Wasserman, Jason)
June 21, 2007 Filing 10 Consent MOTION for Extension of Time to File Response/Reply as to #2 Complaint by Caterpillar, Inc..Responses due by 7/9/2007 (Attachments: #1 Text of Proposed Order Proposed Order to Consent Motion)(Wasserman, Jason)
June 20, 2007 Filing 9 Local Rule 103.5a. (Attachments: #1 Exhibit Cover Letter Attaching Complaint#2 Exhibit Summons to Defendant Caterpiller#3 Exhibit Notice of Filing of Removal)(Panzer, David)
June 15, 2007 Filing 8 MOTION to Dismiss by Fairline Boats North America. Responses due by 7/2/2007 (Attachments: #1 Memorandum in Support#2 Exhibit A#3 Text of Proposed Order)(Panzer, David)
June 11, 2007 Filing 7 NOTICE by Caterpillar, Inc. Defendant's Consent to Removal (Wasserman, Jason)
June 8, 2007 Opinion or Order Filing 6 STANDING ORDER. Signed by Judge Roger W Titus on 06/08/07. (ads, Deputy Clerk)
June 8, 2007 Filing 5 Correspondence: Removal Notification Letter to Larna Snyder. (ads, Deputy Clerk)
June 8, 2007 Filing 4 Corporate Disclosure Statement of Defendant Fairline Boats of North America, Inc. by Fairline Boats North America. (ads, Deputy Clerk)
June 8, 2007 Filing 3 Summons Issued 60 days as to Fairline Boats North America. (ads, Deputy Clerk)
June 8, 2007 Filing 2 COMPLAINT against Fairline Boats North America, Caterpillar, Inc., filed by Frank Depew, Carol Depew. (Attachments: #1 Civil - Non-Domestic Case Information Report)(ads, Deputy Clerk)
June 8, 2007 Filing 1 NOTICE OF REMOVAL from the Circuit Court of Maryland for Prince George's County, case number CAL 07-11625. ( Filing fee $ 350 receipt number 84637009849), filed by Fairline Boats North America. (Attachments: #1 Civil Cover Sheet)(ads, Deputy Clerk)
June 8, 2007 The above pleadings #2 - #3 are copies filed in the Circuit Court of Maryland for Prince George's County. (ads, Deputy Clerk)
June 8, 2007 Jury Trial Demand by Frank Depew, Carol Depew. (ads, Deputy Clerk)

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Defendant: Fairline Boats North America
Represented By: David Samuel Panzer
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Defendant: Caterpillar, Inc.
Represented By: Jason Todd Wasserman
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Plaintiff: Carol Depew
Represented By: Rowena Nicole Nelson
Represented By: Angela Donovan Sheehan
Represented By: Larna Marie Snyder
Represented By: Charles L Simmons, Jr
Represented By: Andreas Lundstedt
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Plaintiff: Frank Depew
Represented By: Rowena Nicole Nelson
Represented By: Angela Donovan Sheehan
Represented By: Larna Marie Snyder
Represented By: Charles L Simmons, Jr
Represented By: Andreas Lundstedt
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