Damboise et al v. Home Depot Corporation et al
| Steven Damboise and Doris Ann Damboise |
| Home Depot Corporation, Home Depot Store #3403, Compact Power Equipment, Inc., Home Depot USA, Inc. and Home Depot Corporation individually and as successor to Compact Power Equipment doing business as Compact Power Equipment, Inc. |
| 1:2019cv00919 |
| September 6, 2019 |
| US District Court for the District of New Hampshire |
| Joseph A DiClerico |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 33 JUDGMENT is hereby entered in accordance with #8 Order on Motion to Amend, #32 Stipulation of Dismissal. Signed by Tracy A. Uhrin, Chief Deputy Clerk. (Case Closed) (ko) |
ENDORSED ORDER re #32 Stipulation of Dismissal. Text of Order: Reviewed. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
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| Filing 32 ///STIPULATION of Dismissal by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403, Home Depot USA, Inc.(Steere, Douglas) |
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ENDORSED ORDER granting #31 Motion to Extend Time to File Stipulation of Dismissal. Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr. Case Settlement Deadline 12/31/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla)
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| Filing 31 Assented to MOTION to Extend Time to File Stipulation of Dismissal filed by Doris Ann Damboise, Steven Damboise.(Hutchins, Peter) |
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Filing 30
ORDER: The defendants' assented-to motion to seal (document no. 29) is denied. The documents filed under seal for in camera review, (document no. 28) shall be returned to the defendants' counsel and no copy of any of the documents shall be kept by the court. So Ordered by Judge Joseph A. DiClerico, Jr. (ko)
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| Filing 29 Assented to MOTION to Seal Case at Level 2 filed by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403.(Steere, Douglas) |
| Douglas N. Steere advised case settled. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court will dismiss the case with prejudice. Case Settlement Deadline 12/4/2020. (ko) |
| Filing 28 In Camera Documents by Home Depot Corporation, Home Depot Store #3403 and Compact Power Equipment, Inc. pursuant to #27 Order. (Attachments: #1 Cover Letter)(ko) |
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Filing 27
ORDER re #22 Motion to Compel, #23 Motion for Protective Order: On or before October 23, 2020, the defendants shall transcribe the handwritten notebook as outlined within for in camera review. The defendants shall also prepare and file a privilege log that identifies which parts of the notebook they claim are protected and specifies the theory that supports protection. After the notebook, transcription, and privilege log are submitted, the court will conduct an in camera review and decide what protection, if any, is appropriate. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
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| Filing 26 Plaintiff's Supplement to Partial Objection to Defendant's Motion for In Camera Review and Protective Order by Doris Ann Damboise, Steven Damboise(Hutchins, Peter) |
| Filing 25 OBJECTION to #22 MOTION to Compel In Camera Review of Handwritten Notebook of Dana Moulton filed by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403. Follow up on Reply on 10/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Steere, Douglas) |
| Filing 24 OBJECTION to #23 MOTION for Protective Order and Camera Review filed by Doris Ann Damboise, Steven Damboise. Follow up on Reply on 10/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Hutchins, Peter) |
| Filing 23 Motion for In Camera Review and Protective Order filed by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403.Follow up on Objection on 10/8/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Steere, Douglas) Modified on 9/25/2020 to add: "Motion for In Camera Review" text (ko). |
| Filing 22 MOTION to Compel In Camera Review of Handwritten Notebook of Dana Moulton filed by Doris Ann Damboise, Steven Damboise.Follow up on Objection on 10/7/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit 1 Moulton's Deposition, #2 Memorandum of Law)(Hutchins, Peter) |
| TRIAL NOTICE: Summary Judgment Motions due by 11/13/2020. Pretrial Statements due 1/28/2021. LR 16.2(d) Objections due 2/11/2021. Final Pretrial Conference reset for 2/18/2021 at 11:00 AM before Judge Joseph A. DiClerico Jr. Jury Selection/Trial reset for two week period beginning 3/2/2021 at 09:30 AM before Judge Joseph A. DiClerico Jr. (ko) |
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ENDORSED ORDER granting #21 Motion to Continue Discovery Deadlines and Trial. Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr. (gla)
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| Filing 21 Joint Assented to MOTION to Continue Discovery Deadlines and Trial filed by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403, Home Depot USA, Inc..Follow up on Objection on 9/23/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Civil Form 3)(Steere, Douglas) |
| Filing 20 Joint Mediation Statement: Private Mediation has been scheduled for November 4, 2020 (Steere, Douglas) |
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Filing 19
PROTECTIVE ORDER. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
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ENDORSED ORDER granting #17 Assented to Motion to Extend Time to File Motions for Summary Judgment. Text of Order: Granted. Parties are placed on notice that this could result in the trial being rescheduled. So Ordered by Judge Joseph A. DiClerico, Jr. Summary Judgment Motions due by 10/15/2020.(ko)
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ENDORSED ORDER granting #18 Assented to Motion for Protective Order. Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
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| Filing 18 Assented to MOTION for Protective Order filed by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403, Home Depot USA, Inc.. (Attachments: #1 Proposed Order Protective Order)(Steere, Douglas) |
| Filing 17 Assented to MOTION to Extend Time to File Motions for Summary Judgment filed by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403, Home Depot USA, Inc.. (Attachments: #1 Civil Form 3)(Steere, Douglas) |
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ENDORSED ORDER granting #16 Joint Assented to MOTION to Extend Time to Disclose Experts. Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
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| Filing 16 Joint Assented to MOTION to Extend Time to Disclose Experts filed by Doris Ann Damboise, Steven Damboise. (Attachments: #1 Exhibit Civil Form 3)(Hutchins, Peter) |
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ENDORSED ORDER granting #15 Motion to Withdraw #14 Disclosure of Experts filed by Doris Ann Damboise, Steven Damboise. Text of Order: Granted. For the reasons stated in the motion the court understands that the parties intend to file a motion to extend deadlines on or before July 2, 2020. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
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| Filing 15 MOTION to Withdraw #14 Disclosure of Experts filed by Doris Ann Damboise, Steven Damboise.Follow up on Objection on 7/7/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Hutchins, Peter) |
| NOTICE of ECF Filing Errors re: #14 Disclosure of Experts filed by Steven Damboise, Doris Ann Damboise. Filer used wrong event, document fails to comply with LR 7.2-Extension requests that would result in the extension of other pending deadlines in a case must be accompanied by a completed Civil Form 3. Filer shall refile using the Motion to Extend Time event and enter in docket text: Replaces document no. 14. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 6/24/2020.(ko) |
| Filing 14 Disclosure of Experts Assented Motion to Extend Deadlines by Doris Ann Damboise, Steven Damboise(Hutchins, Peter) |
| TRIAL NOTICE: Pretrial Statements due 12/1/2020. LR 16.2(d) Objections due 12/15/2020. Final Pretrial Conference set for 12/22/2020 at 10:00 AM before Judge Joseph A. DiClerico Jr. Jury Selection/Trial set for two week period beginning 1/5/2021 at 09:30 AM before Judge Joseph A. DiClerico Jr. (ko) |
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Filing 13
ORDER approving #12 Discovery Plan with changes. Length of Trial 4-5 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 9/4/2020. Dispositive Motion Filing Deadline 2/18/2020. Joint Statement regarding the status of discovery due by 9/4/2020. Mediation Follow Up on 9/15/2020.(ko)
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| Filing 12 Proposed Discovery Plan filed by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403, Home Depot USA, Inc.. (Steere, Douglas) |
| Filing 11 ANSWER to #10 Amended Complaint, with jury demand filed by Compact Power Equipment, Inc., Home Depot Store #3403, Home Depot USA, Inc..(Steere, Douglas) |
| Filing 10 AMENDED COMPLAINT against All Defendants with jury demand filed by Steven Damboise, Doris Ann Damboise.. Complaint includes a claim under the NH Consumer Protection Act. A copy of the Complaint has been sent to the NH Attorney General via an automatic Notice of Electronic filing.(Hutchins, Peter) |
| Filing 9 Certified Copies of State Court Record. State Court Case No. 216-2019-CV-00600, Hillsborough County Superior Court (Attachments: #1 Exhibit Appearance, #2 Exhibit Complaint, #3 Exhibit Consumer Protection Letter, #4 Exhibit Motion to Dismiss, #5 Exhibit Motion to Extend, #6 Exhibit Notice of Removal, #7 Exhibit Return of Service, #8 Exhibit Summons)(Steere, Douglas) |
| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 11/20/2019 10:00 AM before Magistrate Judge Andrea K. Johnstone. Discovery Plan DUE BY 11/13/2019. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(vln) |
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Filing 8
///ORDER granting #3 Motion to Amend Complaint. So Ordered by Judge Joseph A. DiClerico, Jr. Amended Pleadings due by 10/7/2019.(gla) Modified on 10/1/2019 to add:/// (ko).
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| Filing 7 ANSWER to Complaint with jury demand filed by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403.(Steere, Douglas) |
| Filing 6 Disclosure Statement by Home Depot Corporation disclosing a parent company, no publicly traded company, and no merger agreement. (Steere, Douglas) |
| Filing 5 Disclosure Statement by Home Depot Store #3403 disclosing no parent company, no publicly traded company, and no merger agreement. (Steere, Douglas) |
| Filing 4 Disclosure Statement by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403 disclosing no parent company, no publicly traded company, and no merger agreement. (Steere, Douglas) |
| Filing 3 Partially Assented to MOTION to Amend #1 Notice of Removal - New Case,, Complaint to Substitute Party Defendants filed by Doris Ann Damboise, Steven Damboise. Follow up on Objection on 9/26/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit)(Hutchins, Peter) |
| Filing 2 REFILED SEE DOC. NO. #3 . Partially Assented to MOTION to Amend #1 Notice of Removal - New Case,, Complaint to Substitute Party Defendants filed by Doris Ann Damboise, Steven Damboise. Follow up on Objection on 9/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Hutchins, Peter) Modified on 9/13/2019 to add: refiled text(ko). |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(mc) |
| NOTICE re: #1 Notice of Removal - New Case, filed by Home Depot Corporation, Compact Power Equipment, Inc., Home Depot Store #3403. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. Home Depot Corporation, Compact Power Equipment, Inc., Home Depot Store #3403 shall file a disclosure statement by September 17, 2019. Disclosure Statement due 9/17/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (mc) |
| Case assigned to Judge Joseph A. DiClerico, Jr. The case designation is: 1:19-cv-919-JD. Please show this number with the judge designation on all future pleadings. (mc) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Hillsborough County Superior Court Northern District, case number 216-2019-cv-00600 (filing fee $400, receipt number 0102-1859686) filed by Compact Power Equipment, Inc., Home Depot Corporation, Home Depot Store #3403. Answer Follow Up on 9/27/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 9/20/2019. (Attachments: #1 Exhibit Complaint, #2 Exhibit Returns of Service, #3 Exhibit Notice of Filing of Notice of Removal, #4 Exhibit Assented-To Motion to Extend Return Date)(Steere, Douglas) (Additional attachment(s) added on 9/10/2019: #5 Civil Cover Sheet) (mc). |
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