Marx et al v. Norcold, Inc. et al
| Traci Marx, Ray Marx, Alyssa Dillard and Seth Dillard |
| NORCOLD, INC., THETFORD CORPORATION, Dyson-Kissner-Moran Corporation, Norcold, Inc, The Dyson-Kissner-Moran Corporation, Camping World Holdings, Inc, Camping World, Inc, CWI, Inc. and Camping World of Henderson |
| 2:2022cv00085 |
| January 18, 2022 |
| US District Court for the District of Nevada |
| James C Mahan |
| Elayna J Youchah |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on March 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 31 MINUTES OF PROCEEDINGS - Motion Hearing held on 3/14/2022 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Terrence Beard; Def Counsel: Michael Smith, telephonic appearance; Russell Ponessa and Michael Esposito; Recording start and end times: 11:01a.m. - 11:56a.m.; Courtroom: 3A; Due to technical difficulties, Michael Smith, Esq., appeared telephonically. All other parties appeared via Zoom. The Court makes preliminary remarks and hears representations of counsel as to #29 Amended Proposed Discovery Plan and Scheduling Order.The Court sets forth its findings on the record and GRANTS IN PART and DENIES IN PART #29 Amended Proposed Discovery Plan and Scheduling Order. The transcript of these proceedings will serve as the Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) |
| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 2/25/2022. By Judicial Assistant: E. Santiago.RE: Proposed Amended Discovery Plan (ECF No. 29). Hearing set for Monday, March 14, 2022 at 11:00 a.m. via the Zoom video conference platform. The parties shall contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, by 12:00 p.m. on March 10, 2022, at Elvia_Garcia@nvd.uscourts.gov, and provide the email addresses of their respective participants. The courtroom deputy shall email all participants with the Zoom link. IT IS FURTHER ORDERED that persons granted with remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary to the Court. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 29 Amended Proposed Discovery Plan and Scheduling Order by Defendants Norcold, Inc, The Dyson-Kissner-Moran Corporation, Thetford Corporation. (Abbott, Steven) |
| Filing 28 REPLY to Response to #13 Motion to Remand to Agency, by Plaintiffs Alyssa Dillard, Seth Dillard, Ray Marx, Traci Marx. (Beard, Terrence) |
| Filing 27 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (JQC) |
Filing 26
SCHEDULING ORDER Granting #25 Discovery Plan and Scheduling Order. Discovery due by 12/15/2022. Signed by Magistrate Judge Elayna J. Youchah on 2/23/2022.(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 25 Stipulated Discovery Plan and Scheduling Order by Defendants Norcold, Inc, The Dyson-Kissner-Moran Corporation, Thetford Corporation. (Abbott, Steven) |
| Filing 24 CLERK'S NOTICE. Attorney Action Required to ECF No. #23 . Document was not filed pursuant to LR IC 2-2(b) by attorney Steven Abbott. For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile ECF No. #23 as a Discovery Plan/Scheduling Order using the same PDF image and the appropriate document event to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing a separate document for each request or purpose. Do not refile the Joint Status Report. (no image attached) (SLD) |
| Filing 23 Joint STATUS REPORT and Discovery Plan by Defendants Norcold, Inc, The Dyson-Kissner-Moran Corporation, Thetford Corporation. (Abbott, Steven) Modified on 2/22/2022 (SLD). |
| Filing 22 RESPONSE to #13 Motion to Remand to Agency, by Defendants Norcold, Inc, The Dyson-Kissner-Moran Corporation, Thetford Corporation. Replies due by 2/23/2022. (Attachments: #1 Exhibit) (Abbott, Steven) |
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Filing 21
ORDER Granting #18 Verified Petition for Permission to Practice Pro Hac Vice as to Russell S. Ponessa and approving Designation of Local Counsel as to Martin J. Kravitz as to Camping World. Signed by Judge James C. Mahan on 2/14/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - KF)
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| Filing 20 JOINDER to #13 Motion to Remand to Agency, by Plaintiffs Ray Marx, Traci Marx. (Keating, John) |
| Filing 19 NOTICE Notice of Related Case by Ray Marx, Traci Marx. (Keating, John) |
| Filing 18 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Russell S. Ponessa and DESIGNATION of Local Counsel Martin J. Kravitz (Filing fee $ 250 receipt number 0978-6790770) by Defendants CWI, Inc., Camping World Holdings, Inc, Camping World of Henderson, Camping World, Inc. (Kravitz, Martin) |
| Filing 17 CERTIFICATE of Interested Parties by CWI, Inc., Camping World Holdings, Inc, Camping World of Henderson, Camping World, Inc that identifies all parties that have an interest in the outcome of this case. Other Affiliate CWGS Enterprises, LLC for CWI, Inc., Camping World, Inc added. (Esposito, Michael) |
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Filing 16
ORDER Granting #14 Verified Petition for Permission to Practice Pro Hac Vice for Terrence A. Beard for Traci Marx, Ray Marx, Alyssa Dillard, and Seth Dillard and approving Designation of Local Counsel. Signed by Judge James C. Mahan on 2/4/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - KF)
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| Filing 15 CERTIFICATE of Interested Parties by Alyssa Dillard, Seth Dillard, Ray Marx, Traci Marx. There are no known interested parties other than those participating in the case (Williams, Donald) |
| Filing 14 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Terrence A. Beard and DESIGNATION of Local Counsel Donald H. Williams (Filing fee $ 250 receipt number 0978-6782681) by Plaintiffs Alyssa Dillard, Seth Dillard, Ray Marx, Traci Marx. (Williams, Donald) |
| Filing 13 MOTION for Remand to State Court Pursuant to 28 USC 1446 re #1 Petition for Removal, by Plaintiffs Alyssa Dillard, Seth Dillard, Ray Marx, Traci Marx. Responses due by 2/16/2022. (Williams, Donald) Modified event on 2/2/2022 (SLD). |
| Filing 12 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Russell S. Ponessa to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 2/14/2022. (no image attached) (SLD) |
| Filing 11 ANSWER to Complaint with Jury Demand filed by CWI, Inc., Camping World Holdings, Inc, Camping World of Henderson, Camping World, Inc.(Esposito, Michael) |
| Filing 10 STATEMENT REGARDING REMOVAL by Defendants Norcold, Inc, The Dyson-Kissner-Moran Corporation, Thetford Corporation. (Abbott, Steven) |
| Filing 9 ANSWER with Jury Demand re #1 Petition for Removal,, filed by Thetford Corporation.(Abbott, Steven) |
| Filing 8 ANSWER with Jury Demand re #1 Petition for Removal,, filed by Norcold, Inc.(Abbott, Steven) |
| Filing 7 ANSWER with Jury Demand re #1 Petition for Removal,, filed by The Dyson-Kissner-Moran Corporation. Discovery Plan/Scheduling Order due by 3/11/2022.(Abbott, Steven) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 1/19/2022. By Deputy Clerk: Kelly Ferris. Statement regarding removed action is due by 2/3/2022. Joint Status Report regarding removed action is due by 2/18/2022. (Copies have been distributed pursuant to the NEF - KF) |
| Filing 5 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Terrence A. Beard to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 2/2/2022. (no image attached) (KF) |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Elayna J. Youchah. (KF) |
| Filing 4 CERTIFICATE of Interested Parties by THETFORD CORPORATION. There are no known interested parties other than those participating in the case (Abbott, Steven) |
| Filing 3 CERTIFICATE of Interested Parties by NORCOLD, INC.. There are no known interested parties other than those participating in the case (Abbott, Steven) |
| Filing 2 CERTIFICATE of Interested Parties by Dyson-Kissner-Moran Corporation. There are no known interested parties other than those participating in the case (Abbott, Steven) |
| Filing 1 PETITION FOR REMOVAL from Nevada District Court, Case Number A-21-845364-C, (Filing fee $ 402 receipt number 0978-6763993) by THETFORD CORPORATION, NORCOLD, INC., Dyson-Kissner-Moran Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet) (Abbott, Steven) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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