Ortiz v. Sig Sauer, Inc.

Plaintiff:	Derick Ortiz
Defendant:	Sig Sauer, Inc.
Case Number:	1:2019cv01025
Filed:	September 27, 2019
Court:	US District Court for the District of New Hampshire
Presiding Judge:	Joseph N Laplante
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By:	Plaintiff

Date Filed	Document Text
September 7, 2022	ENDORSED ORDER denying #40 Motion to Certify Class. Text of Order: After careful and lengthy consideration of the briefing, oral argument, and supplemental briefing, the court denies the motion for class certification (doc. no. #40 ) in its entirety. The purpose of this endorsed order is to conserve the parties' and counsel's time and resources to the extent possible, especially in light of counsel's joint assented to motion to continue trial (doc. no. #103 ). The court's intention was to issue this ruling before the Labor Day weekend, and it will issue a written order explaining its ruling. So Ordered by Judge Joseph N. Laplante.(jb)
September 6, 2022	Filing 103 Joint Assented to MOTION to Continue Trial AND EXTENSION OF PRE-TRIAL DEADLINES filed by Derick Ortiz.(Arisohn, Joshua)
August 2, 2022	ENDORSED ORDER granting #102 Assented to Motion for Brent Dwerklotte to Withdraw as Attorney. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(ko)
August 1, 2022	Filing 102 Assented to MOTION for Brent Dwerklotte to Withdraw as Attorney filed by Sig Sauer, Inc..(Dwerlkotte, Brent)
August 1, 2022	Filing 101 NOTICE of Attorney Withdrawal by Benjamin B. Folsom on behalf of Sig Sauer, Inc.(Folsom, Benjamin)
August 1, 2022	NOTICE of ECF Filing Error re: #101 Notice of Attorney Withdrawal filed by Sig Sauer, Inc. Pursuant to LR 2.7 the name of the Filing User under whose log-in and password the document is submitted must be preceded by /s/ [Insert Signatorys Name] and typed in the space where the signature would otherwise appear. 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 8/5/2022.(ko)
June 3, 2022	ENDORSED ORDER re #98 Memorandum in Support re #40 MOTION to Certify Class (SUPPLEMENTAL MEMORANDUM OF LAW), #100 Memorandum in Opposition re #40 MOTION to Certify Class (SUPPLEMENTAL MEMORANDUM). Text of Order: Reviewing. So Ordered by Judge Joseph N. Laplante. (ko)
May 29, 2022	Filing 100 MEMORANDUM in Opposition re #40 MOTION to Certify Class (SUPPLEMENTAL MEMORANDUM) filed by Sig Sauer, Inc.. Follow up on Reply on 6/6/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Folsom, Benjamin)
May 27, 2022	Filing 99 REPLY to Objection to Motion re #82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment filed by Sig Sauer, Inc.. Surreply due by 6/1/2022. (Folsom, Benjamin)
May 25, 2022	Filing 98 MEMORANDUM in Support re #40 MOTION to Certify Class (SUPPLEMENTAL MEMORANDUM OF LAW) filed by Derick Ortiz. (Arisohn, Joshua)
May 20, 2022	ENDORSED ORDER granting in part re #95 Motion for Leave to File Additional Brief Regarding Proposed Unjust Enrichment Subclass. Text of Order: The Motion for Leave to File Additional Brief Regarding Proposed Unjust Enrichment Subclass (doc. no. 95) is granted in part and denied in part. As discussed during the May 20, 2022 videoconference, if the parties wish to file supplemental briefs, they shall do so no later than May 30, 2022. The court does not place limitations or requirements on the content of the supplemental briefs. But the court encourages the parties to address some or all of the following topics related to the treatment and definition of unjust enrichment claims across the subclass states, in addition to any other matters they consider important to the class certification analysis: commonalities or differences in how the direct benefit requirement is treated when plaintiffs purchase the defendant's goods from distributors instead of directly from the defendant; commonalities or differences in the meaning of "unjust" or "inequitable" in the context of the defendant's retention of a benefit; whether the subclass states recognize unjust enrichment as a standalone action; whether the subclass states require misconduct on the part of the defendant to sustain unjust enrichment claims and, if so, commonalities or differences in the scope of this requirement; and what the court should draw from the fact that some, but not all, subclass states require that defendants have knowledge of the benefit retained. Any supplemental brief shall not exceed 25 pages in length, and counsel shall identify which arguments in the supplemental briefs are new or, if applicable, where the arguments were raised in prior briefing. So Ordered by Judge Joseph N. Laplante.(ko)
May 20, 2022	Minute Entry for proceedings held before Judge Joseph N. Laplante. STATUS CONFERENCE held on 5/20/2022. Order to Issue. (Court Reporter: Susan Bateman) (Pltfs Atty: Joseph Marchese, Benjamin T. King, Joshua Arisohn) (Defts Atty: Benjamin B. Folsom, Brian Keith Gibson)(Total Hearing Time: 20 minutes) (ko)
May 19, 2022	NOTICE of VIDEO Hearing. Conference set for 5/20/2022 at 10:00 AM before Judge Joseph N. Laplante.(ko)
May 17, 2022	Filing 97 OBJECTION to #95 MOTION for Leave to File Additional Brief Regarding Proposed Unjust Enrichment Subclass filed by Derick Ortiz. Follow up on Reply on 5/24/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (King, Benjamin)
May 17, 2022	Filing 96 Assented to MOTION to Extend Time to Object/Respond to #91 Objection to Motion to May 30, 2022 filed by Sig Sauer, Inc..(Folsom, Benjamin)
May 17, 2022	ENDORSED ORDER granting re #93 Assented to Motion to Seal #92 Sealed Objection to #82 Motion for Reconsideration in Part, Order on Motion for Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (ko)
May 16, 2022	Filing 95 MOTION for Leave to File Additional Brief Regarding Proposed Unjust Enrichment Subclass filed by Sig Sauer, Inc..Follow up on Objection on 5/31/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Folsom, Benjamin)
May 16, 2022	Filing 94 TRANSCRIPT of Proceedings for Motion Hearing held on 5/4/2022. Court Reporter: Liza Dubois, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 6/6/2022. Redacted Transcript Follow Up 6/16/2022. Release of Transcript Restriction set for 8/11/2022.(ko)
May 13, 2022	Filing 93 Assented to Motion to Seal #92 Sealed Objection to #82 Motion for Reconsideration in Part, Order on Motion for Summary Judgment filed by Derick Ortiz.(ko)
May 13, 2022	Filing 92 UNREDACTED/SEALED OBJECTION to #82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment filed by Derick Ortiz. (Attachments: #1 Memorandum of Law, #2 Exhibit 3 Deposition, #3 Exhibit 5 Correspondence dated 10/18/19, #4 Proposed Order)(ko) Modified on 5/16/2022 to add: unredacted (ko).
May 13, 2022	Filing 91 OBJECTION to #82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment filed by Derick Ortiz. Follow up on Reply on 5/20/2022. 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 (Affidavit) Declaration of Joseph Marchese, #2 Exhibit 1- Hilton Complaint, #3 Exhibit 2- Hearing transcript Feb4,2022, #4 Exhibit 3- Conventionally filed, #5 Exhibit 4- Guay Complaint, #6 Exhibit 5- Conventionally filed, #7 Exhibit 6- Guay Answer, #8 Exhibit 7- Jinn Complaint, #9 Exhibit 8- Jinn Answer)(King, Benjamin) Modified on 5/16/2022 to replace "REDACTED" with "Conventionally filed" (ko).
May 13, 2022	Filing 90 TRANSCRIPT of Proceedings for Motion Hearing Afternoon Session held on 5/4/2022. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 6/3/2022. Redacted Transcript Follow Up 6/13/2022. Release of Transcript Restriction set for 8/8/2022.(ko)
May 5, 2022	Filing 88 Exhibit List for 5/4/2022 Evidentiary Hearing by Derick Ortiz. (jb)
May 4, 2022	Filing 89 Exhibit List for 5/4/2022 Evidentiary Hearing by Sig Sauer, Inc. (jb)
May 4, 2022	Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 5/4/2022 re #40 MOTION to Certify Class , #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON and #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir. Witnesses Appearing: Colin B. Weir, Andrew Y. Lemon. Order to issue. (Court Reporter: Liza W. Dubois AM Session; Susan Bateman PM Session) (Pltfs Atty: Joseph Marchese, Joshua Arisohn, Scott A. Bursor, Benjamin T. King) (Defts Atty: Robert L. Joyce, Benjamin B. Folson, Brent Dwerlkotte)(Total Hearing Time: 4 hours, 4 minutes) (jb)
May 3, 2022	Filing 87 NOTICE of Attorney Appearance by Scott A Bursor on behalf of Derick Ortiz Attorney Scott A Bursor added to party Derick Ortiz(pty:pla).(Bursor, Scott)
May 1, 2022	ENDORSED ORDER granting re #86 Motion for Scott A. Bursor to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante. The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(ko)
April 29, 2022	Filing 86 Assented to MOTION for Scott A. Bursor to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2243884.) filed by Derick Ortiz.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 (Affidavit) A- Affidavit of Scott Bursor, #2 Exhibit B- Appearance of Scott Bursor)(Douglas, Charles) Modified on 4/30/2022 to add assented to text (jb).
April 21, 2022	ENDORSED ORDER granting #85 Assented to MOTION to Seal #84 SEALED/REDACTED MOTION re #47 Assented to MOTION to Exclude DEFENDANT'S PROFERRED EXPERT DR. ANDREW LEMON. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)
April 21, 2022	RESCHEDULING NOTICE of Motion/Evidentiary Hearing (date change) re: #40 MOTION to Certify Class, #47 MOTION to Exclude DEFENDANT'S PROFERRED EXPERT DR. ANDREW LEMON, and #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir. Motion Hearing reset for 5/4/2022 at 09:30 AM (from 4/27/2022) before Judge Joseph N. Laplante.(jb)
April 20, 2022	ENDORSED ORDER granting #83 Motion to Extend Time to Object/Respond to #82 Motion for Reconsideration in Part, Order on Motion for Summary Judgment to 05/13/2022. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.Follow up on Objection on 5/13/2022. (jb)
April 19, 2022	Filing 83 Assented to MOTION to Extend Time to Object/Respond to #82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment to 05/13/2022 filed by Derick Ortiz. (Attachments: #1 Exhibit A- Attachment with Deadlines)(King, Benjamin)
April 15, 2022	Filing 82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment filed by Sig Sauer, Inc..Follow up on Objection on 4/29/2022. 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 in Support of Motion to Reconsider, #2 Exhibit Ex. 1 - Hilton RFA Resp)(Folsom, Benjamin)
April 4, 2022	NOTICE re: #40 MOTION to Certify Class, #47 Assented to MOTION to Exclude DEFENDANT'S PROFERRED EXPERT DR. ANDREW LEMON, #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir. Motion Hearing set for 4/27/2022 at 09:00 AM before Judge Joseph N. Laplante.(ko)
April 1, 2022	Filing 81 ORDER re #50 Motion for Summary Judgment. For the reasons therein, Sig Sauer's motion for summary judgment is GRANTED with respect to Ortiz's warranty claims (Counts 1-3) and DENIED without prejudice as to Ortiz's remaining claims (Counts 4-7). The court recognizes that Sig Sauer has moved to exclude the expert opinions of Gaskin and Weir. If the court finds one or both opinions inadmissible, it may revisit the latter decision sua sponte, given that the plaintiff's theory of damages relies on these experts' opinions. So Ordered by Judge Joseph N. Laplante. (ko)
March 29, 2022	ENDORSED ORDER denying without prejudice re #40 Motion to Certify Class. Text of Order: Solely as a matter of case administration and court management, the motion to certify class (doc. no. 40) is denied without prejudice. The court stresses that this order in no way modifies or impacts the ongoing status or progress of this litigation, but rather serves only to facilitate the court's docket and case management and stewardship of judicial resources. The motion will be reinstated upon any pre-hearing notice filed by the plaintiffs. So Ordered by Judge Joseph N. Laplante. (ko)
March 25, 2022	Minute Entry for proceedings held before Judge Joseph N. Laplante. STATUS CONFERENCE held on 3/25/2022. (Pltfs Atty: Joseph Marchese, Benjamin King) (Defts Atty: Brian Gibson, Brent Dwerlkotte)(Total Hearing Time: 20 minutes) (ko)
March 24, 2022	RESCHEDULING NOTICE of Video Hearing. Status Conference reset for 3/25/2022 at 11:30 AM (from 11:00 AM) before Judge Joseph N. Laplante.(ko)
March 22, 2022	NOTICE of Video Hearing. Conference set for 3/25/2022 at 11:00 AM before Judge Joseph N. Laplante.(ko)
February 18, 2022	TRIAL NOTICE: Pretrial Statements due 9/6/2022. LR 16.2(d) Objections due 9/20/2022. Final Pretrial Conference reset for 9/27/2022 at 10:00 AM before Judge Joseph N. Laplante. Jury Selection/Trial reset for two week period beginning 10/4/2022 at 09:30 AM before Judge Joseph N. Laplante. (ko)
February 16, 2022	Filing 80 TRANSCRIPT of Proceedings for Motion Hearing held on 2/4/2022. Court Reporter: Liza W. Dubois, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 3/9/2022. Redacted Transcript Follow Up 3/21/2022. Release of Transcript Restriction set for 5/16/2022.(ko)
February 4, 2022	Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 2/4/2022 re #50 MOTION for Summary Judgment. Order to issue. (Court Reporter: Liza W. Dubois) (Pltfs Atty: B. King, J. Arisohn, J. Marchese) (Defts Atty: B. Folsom, R. Joyce, K. Gibson, B. Dwerlkotte)(Total Hearing Time: 2 hours) (ko)
February 3, 2022	RESCHEDULING NOTICE re: #50 MOTION for Summary Judgment. Motion Hearing reset for 2/4/2022 at 11:00 AM (from 10:00 AM) before Judge Joseph N. Laplante.(ko)
January 26, 2022	ENDORSED ORDER: The parties raised a choice-of-law issue in their summary judgment briefs. The plaintiff argues, in part, that New Hampshire law applies to all claims because SIG Sauer, Inc.'s website contains a choice of law clause stating that [a]ll matters relating to the Website... and any dispute or claim arising therefrom or related thereto... shall be governed by and construed in accordance with the internal laws of the State of New Hampshire. Doc. no. 43 at 19; see also doc. no. 59 at 19. The court has not been apprised of material facts that can bear on the issue of whether this clause constitutes a valid online agreement between the parties-including, for example, facts related to the plaintiffs knowledge of the clause or his assent to it. The parties should be prepared to discuss this issue and relevant facts and evidence at the upcoming oral argument on February 4, 2022. The court does not require additional briefing on this subject at this time, but if either party wishes to submit such additional briefing, the submission shall be limited to six pages and shall be filed by 3 PM on February 2, 2022. So Ordered by Judge Joseph N. Laplante.(ko)
January 19, 2022	ENDORSED ORDER: If counsel wish to try this case on March 1, they should jointly so notify the court as soon as possible, because the procedural posture of the case will present challenges in meeting that schedule. If not, counsel shall confer regarding their schedules and jointly propose a trial date to the Deputy Clerk. Email is sufficient and if counsel wish to confer with the court, they may jointly arrange to do so. So Ordered by Judge Joseph N. Laplante. (Compliance Deadline set for 1/28/2022.) (ko)
January 4, 2022	NOTICE re: #50 MOTION for Summary Judgment. Motion Hearing set for 2/4/2022 at 10:00 AM via video before Judge Joseph N. Laplante.(ko)
December 15, 2021	ENDORSED ORDER granting #71 Assented to Motion to Seal 70 Confidential Exhibit to Opposition. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (ko)
December 13, 2021	Filing 69 NOTICE of Supplemental Authority by Derick Ortiz. (Attachments: #1 Exhibit A - Cardenas v. Toyota Class Cert Ruling)(King, Benjamin)
December 7, 2021	Filing 71 Assented to Motion to Seal 70 Confidential Exhibit to Opposition filed by Sig Sauer, Inc. Served on 12/3/2021. (Attachments: #1 Cover Letter)(ko)
December 3, 2021	Filing 68 OBJECTION to #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON filed by Sig Sauer, Inc.. Follow up on Reply on 12/10/2021. 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 A Notice of Conventional Filing(Dr. Lemon Report), #2 Exhibit A (Dr. Lemon Deposition))(Folsom, Benjamin) Modified on 12/6/2021 to add: notice of conventional filing to Exhibit A(ko).
November 24, 2021	ENDORSED ORDER granting #66 Motion to Exceed the Page Limit for Reply filed in support of its Motion for Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)
November 19, 2021	Filing 67 REPLY to Objection to Motion re #50 MOTION for Summary Judgment filed by Sig Sauer, Inc.. Surreply due by 11/24/2021. (Attachments: #1 Exhibit 13 - All4Shooters Article re Upgrade, #2 Exhibit 14 - Nov 2017 Ortiz SIG email (redacted), #3 Exhibit 15 - Apr 2018 SIG Email Ortiz (Redacted))(Folsom, Benjamin)
November 19, 2021	Filing 66 Assented to MOTION to Exceed the Page Limit for Reply filed in support of its Motion for Summary Judgment filed by Sig Sauer, Inc..(Folsom, Benjamin)
November 19, 2021	Filing 65 REPLY to Objection to Motion re #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir filed by Sig Sauer, Inc.. Surreply due by 11/24/2021. (Folsom, Benjamin)
November 18, 2021	NOTICE of ECF Filing Errors re: #58 Affidavit filed by Derick Ortiz. Document should have been filed as an attachment to the main document (AP 2.5(a)). Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(ko)
November 18, 2021	ENDORSED ORDER granting #46 Assented to MOTION to Exceed Page limit for memorandum in support of motion to exclude expert testimony. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(ko)
November 18, 2021	ENDORSED ORDER granting #56 Assented to MOTION for Leave to File Reply to Plaintiffs Objection to Defendant's Motion to Exclude the Opinions of Steven P. Gaskin and Colin Weir. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante.(ko)
November 17, 2021	ENDORSED ORDER granting #53 Joint Assented to MOTION to Extend Time to Object/Respond to #50 MOTION for Summary Judgment, #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir, #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON to December 3, 2021. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 12/3/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko)
November 12, 2021	Filing 60 MOTION to Seal #59 SEALED Unredacted #57 Objection to #50 Motion for Summary Judgment filed by Derick Ortiz. Served on 11/12/2021. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(ko)
November 12, 2021	Filing 59 SEALED Unredacted #57 Objection to #50 Motion for Summary Judgment filed by Derick Ortiz. (Attachments: #1 Declaration of Derick Ortiz, #2 Proof of Service)(ko) Modified on 11/16/2021 to remove duplicative docket text (ko).
November 12, 2021	Filing 58 AFFIDAVIT re #57 Objection to Motion, filed by Derick Ortiz(Marchese, Joseph)
November 12, 2021	Filing 57 OBJECTION to #50 MOTION for Summary Judgment filed by Derick Ortiz. Follow up on Reply on 11/19/2021. 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 (Affidavit) Declaration of Joseph I. Marchese)(Marchese, Joseph)
November 10, 2021	Filing 56 Assented to MOTION for Leave to File Reply to Plaintiffs Objection to Defendant's Motion to Exclude the Opinions of Steven P. Gaskin and Colin Weir filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit [Proposed] Reply)(Folsom, Benjamin)
November 4, 2021	NOTICE of ECF Filing Error re: #54 Memorandum in Support re #40 MOTION to Certify Class filed by Derick Ortiz. Filer used the wrong event. Filer should have used Reply to Objection to Motion. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(ko)
November 3, 2021	Filing 55 MEMORANDUM in Opposition re #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir filed by Derick Ortiz. Follow up on Reply on 11/10/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Marchese, Joseph)
November 3, 2021	Filing 54 REPLY MEMORANDUM in Support re #40 MOTION to Certify Class Reply Memorandum of Law In Further Support of Plaintiff's Motion for Class Certification, Appointment of Class Representative, and Appointment of Class Counsel filed by Derick Ortiz. (Marchese, Joseph) Modified on 11/4/2021 to add: Reply to docket text(ko).
November 3, 2021	FILED IN ERROR. ACTION REQUIRED - NOTICE Nonconforming Document re #53 Joint Assented to MOTION to Extend Time to Object/Respond to #50 MOTION for Summary Judgment , #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir , #47 Assented to MOTION to Exclude DEFENDANTS filed by Sig Sauer, Inc. The 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. File the completed form as addendum using the Other Documents/Addendum event and link filing(s) to document no. 53. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. 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 11/8/2021.(ko) Modified on 11/3/2021 to add: filed in error(ko).
November 2, 2021	Filing 53 Joint Assented to MOTION to Extend Time to Object/Respond to #50 MOTION for Summary Judgment , #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir , #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON to December 3, 2021 filed by Sig Sauer, Inc..(Folsom, Benjamin)
October 27, 2021	ENDORSED ORDER granting #52 Assented to MOTION to Extend Time to Object/Respond to #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir, #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON to November 3, 2021 (current deadline October 27, 2021). Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 11/3/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko)
October 25, 2021	Filing 52 Assented to MOTION to Extend Time to Object/Respond to #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir , #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON to November 3, 2021 (current deadline October 27, 2021) filed by Sig Sauer, Inc..(Folsom, Benjamin)
October 18, 2021	ENDORSED ORDER re #48 Mediation Statement. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(ko)
October 13, 2021	Filing 85 Assented to MOTION to Seal #84 SEALED/REDACTED MOTION re #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON filed by Derick Ortiz. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(jb)
October 13, 2021	Filing 84 SEALED/UNREDACTED MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON re #47 MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON filed by Derick Ortiz. Served on 10/13/2021. (Attachments: #1 Memorandum of Law, #2 Declaration of Joseph I. Marchese in Support of Plaintiff's Motion to Exclude Defendant's Proferred Expert Dr. Andrew Lemon, #3 Exhibit 87 - Videotaped Deposition of Andrew Y. Lemon dated 7/22/2021, #4 Exhibit 88 - Expert Report of Andrew Y. Lemon, Ph.D. dated June 24, 2021, #5 Exhibit 89 - Declaration of Colin B. Weir dated 2/26/2021, #6 Exhibit 90 - Rebuttal Declaration of Colin B. Weir dated 7/28/2021, #7 Exhibit 91 - Expert Report and Disclosure of Steven P. Gaskin, #8 Exhibit 92 - Rebuttal Expert Report of Steven P. Gaskin in Response to The Report of Andrew Y. Lemon, PH.D.)(jb) Served on 10/13/2021. (Attachments: #1 Memorandum of Law, #2 Declaration of Joseph I. Marchese in Support of Plaintiff's Motion to Exclude Defendant's Proferred Expert Dr. Andrew Lemon, #3 Exhibit 87 - Videotaped Deposition of Andrew Y. Lemon dated 7/22/2021, #4 Exhibit 88 - Expert Report of Andrew Y. Lemon, Ph.D. dated June 24, 2021, #5 Exhibit 89 - Declaration of Colin B. Weir dated 2/26/2021, #6 Exhibit 90 - Rebuttal Declaration of Colin B. Weir dated 7/28/2021, #7 Exhibit 91 - Expert Report and Disclosure of Steven P. Gaskin, #8 Exhibit 92 - Rebuttal Expert Report of Steven P. Gaskin in Response to The Report of Andrew Y. Lemon, PH.D.)(jb)
October 13, 2021	Filing 51 OBJECTION to #40 MOTION to Certify Class filed by Sig Sauer, Inc.. Follow up on Reply on 10/20/2021. 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 - Toner Depo Excerpts, #2 Exhibit 2 - Thomele Depo Excerpts, #3 Exhibit 3 - Taylor Depo Excerpts, #4 Exhibit 4 - Sealed, #5 Exhibit 5 - NIJ Standard (SIG-ORTIZ 465-489), #6 Exhibit 6 - SAAMI Standard (SIG-ORTIZ 490-501), #7 Exhibit 7 - Owner's Manual (Ortiz Depo Ex. 5), #8 Exhibit 8 - VUP Press Release, #9 Exhibit 10 - Manning Depo Excerpts, #10 Exhibit 11 - Warranty Appendix, #11 Exhibit 12 - Fraudulent Concealment Appendix, #12 Exhibit 13 - Hunter Depo Excerpts)(Folsom, Benjamin)
October 13, 2021	Filing 50 MOTION for Summary Judgment filed by Sig Sauer, Inc.. HEARING REQUESTED.Follow up on Objection on 11/12/2021. 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 in Support of, #2 Exhibit 1 - Toner Depo Trans, #3 Exhibit 2 - Thomele Depo Trans, #4 Exhibit 3 - Taylor Depo Trans, #5 Exhibit 4 - Sealed, #6 Exhibit 5 - NIJ Standard (SIG-ORTIZ 465-489), #7 Exhibit 6 - SAAMI Standard (SIG-ORTIZ 490-501, #8 Exhibit 7 - Owner's Manual (Ortiz Depo Ex. 5), #9 Exhibit 8 - VUP Press Release, #10 Exhibit 9 - Sealed, #11 Exhibit 10 - Sealed, #12 Exhibit 11 - Jankiewicz Decl., #13 Exhibit 12 - Sealed)(Folsom, Benjamin)
October 13, 2021	Filing 49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir filed by Sig Sauer, Inc..Follow up on Objection on 10/27/2021. 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 in Support of, #2 Exhibit A - Sealed, #3 Exhibit B - Sealed, #4 Exhibit C - Sealed, #5 Exhibit D - Sealed, #6 Exhibit E - Sealed, #7 Exhibit F - Sealed, #8 Exhibit G - Sealed)(Folsom, Benjamin)
October 13, 2021	Filing 48 Mediation Statement: mediation would be productive Attorney Megan E. Douglass added to party Derick Ortiz(pty:pla).(Douglass, Megan)
October 13, 2021	Filing 47 MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON filed by Derick Ortiz. (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Declaration of Joseph I. Marchese)(Marchese, Joseph) Modified on 4/20/2022 to remove Assented to text (jb).
October 13, 2021	Filing 46 Assented to MOTION to Exceed Page limit for memorandum in support of motion to exclude expert testimony filed by Sig Sauer, Inc..(Folsom, Benjamin)
October 12, 2021	ENDORSED ORDER granting #45 Assented to MOTION to Exceed Page limit for memorandum in support of motion for summary judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)
October 8, 2021	Filing 45 Assented to MOTION to Exceed Page limit for memorandum in support of motion for summary judgment filed by Sig Sauer, Inc..(Folsom, Benjamin)
September 28, 2021	ENDORSED ORDER granting #42 Assented to Motion to Continue and Extend Deadlines to File Motions for Summary Judgment and Expert Challenges to October 13, 2021. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 10/13/2021. (ko)
September 28, 2021	Filing 42 Assented to MOTION to Continue and Extend Deadlines to File Motions for Summary Judgment and Expert Challenges to October 13, 2021 filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit Civil Form 3)(Folsom, Benjamin)
August 13, 2021	Filing 41 Exhibit 31 of the Delcaration of Joseph I. Marchese In Support of Motion to #40 MOTION to Certify Class by Derick Ortiz. (Attachments: #1 Exhibit 32, #2 Exhibit 33, #3 Exhibit 34, #4 Exhibit 40, #5 Exhibit 42, #6 Exhibit 70, #7 Exhibit 71, #8 Exhibit 72, #9 Exhibit 73, #10 Exhibit 74, #11 Exhibit 75, #12 Exhibit 76, #13 Exhibit 77, #14 Exhibit 78, #15 Exhibit 79, #16 Exhibit 80, #17 Exhibit 81, #18 Exhibit 82, #19 Exhibit 83, #20 Exhibit 84, #21 Exhibit 85, #22 Exhibit 86)(Marchese, Joseph) Modified on 8/17/2021 to remove duplicative "Exhibit" docket text (ko).
August 13, 2021	Filing 40 MOTION to Certify Class filed by Derick Ortiz.Follow up on Objection on 8/27/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.) (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Declaration of Plaintiff Derick Ortiz, #3 Exhibit (Affidavit) Declaration of Colin B. Weir, #4 Exhibit (Affidavit) Expert Report and Disclosure of William P. Munsell, #5 Exhibit (Affidavit) Expert Report and Disclosure of Steven P. Gaskin, #6 Exhibit (Affidavit) Declaration of Joseph I. Marchese, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 9, #12 Exhibit 11, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 16, #16 Exhibit 25, #17 Exhibit 26, #18 Exhibit 27, #19 Exhibit 28, #20 Exhibit 30)(Marchese, Joseph) Modified on 8/17/2021 to remove duplicative "Exhibit" docket text (ko).
August 11, 2021	Filing 39 AMENDED PROTECTIVE ORDER. So Ordered by Judge Joseph N. Laplante.(ko)
August 11, 2021	ENDORSED ORDER granting re #38 Assented to MOTION for Protective Order (Amended). Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(ko)
August 10, 2021	Filing 38 Assented to MOTION for Protective Order (Amended) filed by Derick Ortiz. (Attachments: #1 [Proposed] Amended Protective Order)(Arisohn, Joshua)
August 9, 2021	Filing 37 NOTICE of Attorney Appearance by Brent Dwerlkotte on behalf of Sig Sauer, Inc. Attorney Brent Dwerlkotte added to party Sig Sauer, Inc.(pty:dft).(Dwerlkotte, Brent)
July 30, 2021	Minute Entry for proceedings held before Judge Joseph N. Laplante. DISCOVERY STATUS CONFERENCE held on 7/30/2021. (Pltfs Atty: Benjamin King, Joseph Marchese) (Defts Atty: Benjamin Folsom, Brian Gibson)(Total Hearing Time: 18 minutes) (ko)
July 29, 2021	ENDORSED ORDER re #36 Status Report. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(ko)
July 28, 2021	Filing 36 STATUS REPORT by Derick Ortiz : Joint Statement Regarding the Status of Discovery(Deckant, Neal)
July 22, 2021	ENDORSED ORDER granting #35 Assented to MOTION for David Brenton Dwerlkotte to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(ko)
July 21, 2021	Filing 35 Assented to MOTION for David Brenton Dwerlkotte to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2140180.) filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit (Affidavit) Decl. of David Brenton Dwerlkotte)(Folsom, Benjamin)
July 2, 2021	ENDORSED ORDER reviewing #34 Mediation Statement. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(jb)
June 28, 2021	Filing 34 Joint Mediation Statement: JOINT STATEMENT REGARDING MEDIATION (Deckant, Neal)
April 8, 2021	ENDORSED ORDER granting #33 Assented to MOTION to Extend Time to make expert disclosures (UNOPPOSED - no objection to be filed). Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)
April 7, 2021	Filing 33 Assented to MOTION to Extend Time to make expert disclosures (UNOPPOSED - no objection to be filed) filed by Sig Sauer, Inc. 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)(Folsom, Benjamin) Modified on 4/8/2021 to add Assented to text and delete follow up deadline (jb).
January 7, 2021	Filing 32 DISCOVERY ORDER re discovery dispute. Parties to proceed as outlined. So Ordered by Judge Joseph N. Laplante.(jb)
January 7, 2021	ENDORSED ORDER granting in part #31 MOTION to Extend Time to Deadlines and Continue Trial. Text of Order: Granted in part. Trial is continued to 3/1/2022 trial period. So Ordered by Judge Joseph N. Laplante. Mediation Follow Up on 6/28/2021. Discovery deadline 8/13/2021. Motion for Class Certification due by 8/13/2021. Objection to Motion for Class Certification due by 10/13/2021. Plaintiff's Reply to Objection due 11/3/2021. Summary Judgment Motions due by 10/4/2021.(jb)
January 7, 2021	Reset Pretrial/Trial Deadlines: Mid-Litigation Discovery Status Conference reset for 7/30/2021 at 03:00 PM before Judge Joseph N. Laplante. Joint Statement regarding the status of discovery due by 7/28/2021. Pretrial Statements due 2/1/2022. LR 16.2(d) Objections due 2/15/2022. Final Pretrial Conference reset for 2/22/2022 at 03:30 PM before Judge Joseph N. Laplante. Jury Selection/Trial reset for two week period beginning 3/1/2022 at 09:30 AM before Judge Joseph N. Laplante. (jb)
January 6, 2021	Minute Entry for proceedings held before Judge Joseph N. Laplante. DISCOVERY HEARING held via video-conference on 1/6/2021. Order to issue. (Court Reporter: Liza W. Dubois) (Pltfs Atty: Neal J. Deckant, Benjamin T. King, Joshua Arisohn) (Defts Atty: Benjamin B. Folsom, Brian Keith Gibson, Robert L. Joyce)(Total Hearing Time: 1 hour, 3 minutes) (jb)
January 5, 2021	Filing 31 MOTION to Extend Time to Deadlines and Continue Trial filed by Derick Ortiz.Follow up on Objection on 1/19/2021. 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 A- Civil Form 3)(King, Benjamin)
January 4, 2021	NOTICE of Video-Conference Hearing. Video-Conference Discovery Dispute Hearing set for 1/6/2021 02:00 PM before Judge Joseph N. Laplante.(cmp)
July 7, 2020	Filing 30 PROTECTIVE ORDER re documents produced in discovery. So Ordered by Judge Joseph N. Laplante.(jb)
July 7, 2020	ENDORSED ORDER granting #29 Motion for Protective Order. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)
July 3, 2020	Filing 29 Assented to MOTION for Protective Order filed by Sig Sauer, Inc.. (Attachments: #1 Proposed Order Protective Order)(Folsom, Benjamin)
May 29, 2020	Filing 28 ORDER approving (with changes) #27 Proposed Discovery Plan. Length of Trial 14 days. Case Track: Standard. So Ordered by Judge Joseph N. Laplante. Mediation Follow Up on 3/15/2021. Discovery Status Conference set for 4/16/2021 at 03:00 PM before Judge Joseph N. Laplante. Joint Statement regarding the status of discovery due by 4/14/2021. Discovery deadline 4/30/2021. Summary Judgment Motions due by 6/30/2021.(jb)
May 29, 2020	TRIAL NOTICE: Pretrial Statements due 10/5/2021. LR 16.2(d) Objections due 10/19/2021. Final Pretrial Conference set for 10/26/2021 at 03:00 PM before Judge Joseph N. Laplante. Jury Selection/Trial set for two week period beginning 11/2/2021 at 09:30 AM before Judge Joseph N. Laplante. (jb)
May 21, 2020	RESCHEDULING NOTICE of Hearing (time change only). Preliminary Pretrial Conference reset for 5/21/2020 at 03:45 PM (from 03:30 PM) before Judge Joseph N. Laplante.(jb)
May 21, 2020	Minute Entry for proceedings held before Judge Joseph N. Laplante. PRETRIAL CONFERENCE via VideoConference held on 5/21/2020. Order to issue. (Pltfs Atty: Benjamin T. King, Joseph Marchese) (Defts Atty: Robert L. Joyce, Benjamin B. Folsom)(Total Hearing Time: 24 minutes) (jb)
May 12, 2020	NOTICE OF PRETRIAL (SCHEDULING) VIDEO-CONFERENCE. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. Pretrial Video-Conference set for 5/21/2020 03:30 PM before Judge Joseph N. Laplante. (cmp)
May 1, 2020	Filing 27 Proposed Discovery Plan filed Jointly filed by Derick Ortiz. (King, Benjamin)
April 16, 2020	Filing 26 NOTICE of Attorney Appearance by Brian Keith Gibson on behalf of Sig Sauer, Inc. Attorney Brian Keith Gibson added to party Sig Sauer, Inc.(pty:dft).(Gibson, Brian)
April 16, 2020	Filing 25 NOTICE of Attorney Appearance by Robert L. Joyce on behalf of Sig Sauer, Inc. (Joyce, Robert)
April 10, 2020	NOTICE OF CANCELLATION re Notice of Pretrial Conference set for 5/4/2020. Because the court is familiar with the issues and with counsel from the Rule 12(b) litigation, it will forego a preliminary pretrial conference unless affirmatively requested by counsel. Parties to file a joint proposed discovery plan by May 1, 2020. (jb)
April 10, 2020	NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/4/2020 at 11:30 AM before Judge Joseph N. Laplante. Follow up on Discovery Plan 4/27/2020. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. While not mandatory, the court prefers that the Joint Discovery Plan filed in accordance with Fed. R. Civ. P. 26(f) specify a summary judgment deadline which falls after the close of discovery, but at least 120 days before trial. 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.(jb)
April 6, 2020	Filing 24 ANSWER to #1 Complaint - New Case,, filed by Sig Sauer, Inc..(Folsom, Benjamin)
March 23, 2020	Filing 23 ///ORDER granting in part and denying in part #6 Motion to Dismiss for Failure to State a Claim. Count 8 of the complaint is dismissed without prejudice. The remainder of Sig Sauer's motion to dismiss is denied. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 4/6/2020. (jb)
March 3, 2020	Filing 22 TRANSCRIPT of Proceedings for Motion Hearing held on February 24, 2020. Court Reporter: Susan M. Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 3/24/2020. Redacted Transcript Follow Up 4/3/2020. Release of Transcript Restriction set for 5/29/2020.(jb)
February 24, 2020	Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 2/24/2020 re #6 MOTION to Dismiss for Failure to State a Claim . Written Order to Issue. (Court Reporter: Susan Bateman) (Pltfs Atty: Joseph Marchese, Esq., Benjamin King, Esq.) (Defts Atty: Robert L. Joyce, Esq., Benjamin Folsom, Esq.)(Total Hearing Time: 1 hour 30 minutes) (cmp)
February 20, 2020	Filing 21 NOTICE of Attorney Appearance by Benjamin T. King on behalf of Derick Ortiz Attorney Benjamin T. King added to party Derick Ortiz(pty:pla).(King, Benjamin)
February 20, 2020	HEARING RESCHEDULING NOTICE re: #6 MOTION to Dismiss for Failure to State a Claim. ORAL ARGUMENT on Motion - Hearing reset for 2/24/2020 at 02:45 PM (instead of 2:00 PM) before Judge Joseph N. Laplante.(cmp)
February 7, 2020	ENDORSED ORDER re #6 Motion to Dismiss for Failure to State a Claim. Text of Order: The court has undertaken active consideration of the Motion to Dismiss for Failure to State a Claim. A hearing has been scheduled for February 24, 2020 at 2:00 pm. If there is any reason that the court should not actively consider the case at this time (such as an imminent settlement, resolution of the issues in question, or planned, potentially successful mediation), counsel are requested to notify the Deputy Clerk immediately, or at the earliest practicable opportunity So Ordered by Judge Joseph N. Laplante.(jb)
January 31, 2020	HEARING NOTICE re: #6 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 2/24/2020 at 02:00 PM before Judge Joseph N. Laplante.(jb)
December 19, 2019	Filing 20 NOTICE of Attorney Appearance by Joseph Marchese on behalf of Derick Ortiz Attorney Joseph Marchese added to party Derick Ortiz(pty:pla).(Marchese, Joseph)
December 19, 2019	Filing 19 NOTICE of Attorney Appearance by Neal J. Deckant on behalf of Derick Ortiz Attorney Neal J. Deckant added to party Derick Ortiz(pty:pla).(Deckant, Neal)
December 18, 2019	ENDORSED ORDER granting #13 Assented to MOTION for Robert L. Joyce, Esq. to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)
December 18, 2019	Filing 18 NOTICE of Attorney Appearance by Joshua Arisohn on behalf of Derick Ortiz Attorney Joshua Arisohn added to party Derick Ortiz(pty:pla).(Arisohn, Joshua)
December 18, 2019	Filing 17 REPLY to Objection to Motion re #6 MOTION to Dismiss for Failure to State a Claim filed by Sig Sauer, Inc.. Surreply due by 12/23/2019. (Folsom, Benjamin)
December 11, 2019	Filing 16 NOTICE of Attorney Appearance by Charles G. Douglas, III on behalf of Derick Ortiz Appearance by Neal J. Deckant, pro hac vice (Douglas, Charles)
December 11, 2019	Filing 15 NOTICE of Attorney Appearance by Charles G. Douglas, III on behalf of Derick Ortiz Appearance by Joshua Arisohn, pro hac vice (Douglas, Charles)
December 11, 2019	Filing 14 NOTICE of Attorney Appearance by Charles G. Douglas, III on behalf of Derick Ortiz Appearance of Joseph I. Marchese, pro hac vice (Douglas, Charles)
December 11, 2019	Filing 13 Assented to MOTION for Robert L. Joyce, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1905916.) filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Robert L. Joyce, Esq.)(Folsom, Benjamin)
December 11, 2019	Filing 12 OBJECTION to #6 MOTION to Dismiss for Failure to State a Claim filed by Derick Ortiz. Follow up on Reply on 12/18/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Douglas, Charles)
December 5, 2019	ENDORSED ORDER granting #8 Assented to MOTION for Brian Keith Gibson, Esq. to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)
December 5, 2019	ENDORSED ORDER granting #9 Assented to MOTION for Joseph I. Marchese to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)
December 5, 2019	ENDORSED ORDER granting #10 Assented to MOTION for Joshua D. Arisohn to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)
December 5, 2019	ENDORSED ORDER granting #11 Assented to MOTION for Neal J. Deckant to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)
December 5, 2019	Filing 11 Assented to MOTION for Neal J. Deckant to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1902437.) filed by Derick Ortiz. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Deckant)(Douglas, Charles)
December 5, 2019	Filing 10 Assented to MOTION for Joshua D. Arisohn to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1902436.) filed by Derick Ortiz. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Arisohn)(Douglas, Charles)
December 5, 2019	Filing 9 Assented to MOTION for Joseph I. Marchese to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1902429.) filed by Derick Ortiz. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Marchese)(Douglas, Charles)
December 4, 2019	Filing 8 Assented to MOTION for Brian Keith Gibson, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1902150.) filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Brian Keith Gibson)(Folsom, Benjamin)
December 4, 2019	Filing 7 NOTICE of Attorney Appearance by Michael J. Quinn on behalf of Sig Sauer, Inc. Attorney Michael J. Quinn added to party Sig Sauer, Inc.(pty:dft).(Quinn, Michael)
November 27, 2019	Filing 6 MOTION to Dismiss for Failure to State a Claim filed by Sig Sauer, Inc.. HEARING REQUESTED.Follow up on Objection on 12/11/2019. 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 Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit A - Sig Sauer Warranty, #3 Exhibit B - Warranty State Laws Appendix, #4 Exhibit C - Unjust Enrichment State Laws Appendix, #5 Exhibit D - Fraudulent Concealment State Laws Appendix, #6 Exhibit E - Gordon v. Sig Sauer Order (Texas Action))(Folsom, Benjamin)
November 27, 2019	Filing 5 Disclosure Statement by Sig Sauer, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Folsom, Benjamin)
November 27, 2019	Filing 4 NOTICE of Attorney Appearance by Benjamin B. Folsom on behalf of Sig Sauer, Inc. Attorney Benjamin B. Folsom added to party Sig Sauer, Inc.(pty:dft).(Folsom, Benjamin)
October 28, 2019	Filing 3 WAIVER OF SERVICE Returned Executed as to Sig Sauer, Inc. by Derick Ortiz. Served/Mailed on 9/30/2019. Answer Follow Up on 12/2/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Douglas, Charles)
September 30, 2019	Filing 2 Notice of Lawsuit/Waiver issued electronically as to Sig Sauer, Inc. NOTICE: Counsel shall print and serve the notice/waiver and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc)
September 30, 2019	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. (mc)
September 27, 2019	Case assigned to Judge Joseph N. Laplante. The case designation is: 1:19-cv-1025-JL. Please show this number with the judge designation on all future pleadings. (mc)
September 27, 2019	Filing 1 NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 400, receipt number 0102-1869906 filed by Derick Ortiz. (Attachments: #1 Exhibit A- Ortiz Pre-Suit Letter, #2 Civil Cover Sheet Civil Cover Sheet, #3 Notice ECF Notice of Lawsuit, #4 Summons - Waiver Waiver of Service). 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.(Douglas, Charles)

September 7, 2022

ENDORSED ORDER denying #40 Motion to Certify Class. Text of Order: After careful and lengthy consideration of the briefing, oral argument, and supplemental briefing, the court denies the motion for class certification (doc. no. #40 ) in its entirety. The purpose of this endorsed order is to conserve the parties' and counsel's time and resources to the extent possible, especially in light of counsel's joint assented to motion to continue trial (doc. no. #103 ). The court's intention was to issue this ruling before the Labor Day weekend, and it will issue a written order explaining its ruling. So Ordered by Judge Joseph N. Laplante.(jb)

September 6, 2022

Filing 103 Joint Assented to MOTION to Continue Trial AND EXTENSION OF PRE-TRIAL DEADLINES filed by Derick Ortiz.(Arisohn, Joshua)

August 2, 2022

ENDORSED ORDER granting #102 Assented to Motion for Brent Dwerklotte to Withdraw as Attorney. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(ko)

August 1, 2022

Filing 102 Assented to MOTION for Brent Dwerklotte to Withdraw as Attorney filed by Sig Sauer, Inc..(Dwerlkotte, Brent)

August 1, 2022

Filing 101 NOTICE of Attorney Withdrawal by Benjamin B. Folsom on behalf of Sig Sauer, Inc.(Folsom, Benjamin)

August 1, 2022

NOTICE of ECF Filing Error re: #101 Notice of Attorney Withdrawal filed by Sig Sauer, Inc. Pursuant to LR 2.7 the name of the Filing User under whose log-in and password the document is submitted must be preceded by /s/ [Insert Signatorys Name] and typed in the space where the signature would otherwise appear. 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 8/5/2022.(ko)

June 3, 2022

ENDORSED ORDER re #98 Memorandum in Support re #40 MOTION to Certify Class (SUPPLEMENTAL MEMORANDUM OF LAW), #100 Memorandum in Opposition re #40 MOTION to Certify Class (SUPPLEMENTAL MEMORANDUM). Text of Order: Reviewing. So Ordered by Judge Joseph N. Laplante. (ko)

May 29, 2022

Filing 100 MEMORANDUM in Opposition re #40 MOTION to Certify Class (SUPPLEMENTAL MEMORANDUM) filed by Sig Sauer, Inc.. Follow up on Reply on 6/6/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Folsom, Benjamin)

May 27, 2022

Filing 99 REPLY to Objection to Motion re #82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment filed by Sig Sauer, Inc.. Surreply due by 6/1/2022. (Folsom, Benjamin)

May 25, 2022

Filing 98 MEMORANDUM in Support re #40 MOTION to Certify Class (SUPPLEMENTAL MEMORANDUM OF LAW) filed by Derick Ortiz. (Arisohn, Joshua)

May 20, 2022

ENDORSED ORDER granting in part re #95 Motion for Leave to File Additional Brief Regarding Proposed Unjust Enrichment Subclass. Text of Order: The Motion for Leave to File Additional Brief Regarding Proposed Unjust Enrichment Subclass (doc. no. 95) is granted in part and denied in part. As discussed during the May 20, 2022 videoconference, if the parties wish to file supplemental briefs, they shall do so no later than May 30, 2022. The court does not place limitations or requirements on the content of the supplemental briefs. But the court encourages the parties to address some or all of the following topics related to the treatment and definition of unjust enrichment claims across the subclass states, in addition to any other matters they consider important to the class certification analysis: commonalities or differences in how the direct benefit requirement is treated when plaintiffs purchase the defendant's goods from distributors instead of directly from the defendant; commonalities or differences in the meaning of "unjust" or "inequitable" in the context of the defendant's retention of a benefit; whether the subclass states recognize unjust enrichment as a standalone action; whether the subclass states require misconduct on the part of the defendant to sustain unjust enrichment claims and, if so, commonalities or differences in the scope of this requirement; and what the court should draw from the fact that some, but not all, subclass states require that defendants have knowledge of the benefit retained. Any supplemental brief shall not exceed 25 pages in length, and counsel shall identify which arguments in the supplemental briefs are new or, if applicable, where the arguments were raised in prior briefing. So Ordered by Judge Joseph N. Laplante.(ko)

May 20, 2022

Minute Entry for proceedings held before Judge Joseph N. Laplante. STATUS CONFERENCE held on 5/20/2022. Order to Issue. (Court Reporter: Susan Bateman) (Pltfs Atty: Joseph Marchese, Benjamin T. King, Joshua Arisohn) (Defts Atty: Benjamin B. Folsom, Brian Keith Gibson)(Total Hearing Time: 20 minutes) (ko)

May 19, 2022

NOTICE of VIDEO Hearing. Conference set for 5/20/2022 at 10:00 AM before Judge Joseph N. Laplante.(ko)

May 17, 2022

Filing 97 OBJECTION to #95 MOTION for Leave to File Additional Brief Regarding Proposed Unjust Enrichment Subclass filed by Derick Ortiz. Follow up on Reply on 5/24/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (King, Benjamin)

May 17, 2022

Filing 96 Assented to MOTION to Extend Time to Object/Respond to #91 Objection to Motion to May 30, 2022 filed by Sig Sauer, Inc..(Folsom, Benjamin)

May 17, 2022

ENDORSED ORDER granting re #93 Assented to Motion to Seal #92 Sealed Objection to #82 Motion for Reconsideration in Part, Order on Motion for Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (ko)

May 16, 2022

Filing 95 MOTION for Leave to File Additional Brief Regarding Proposed Unjust Enrichment Subclass filed by Sig Sauer, Inc..Follow up on Objection on 5/31/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Folsom, Benjamin)

May 16, 2022

Filing 94 TRANSCRIPT of Proceedings for Motion Hearing held on 5/4/2022. Court Reporter: Liza Dubois, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 6/6/2022. Redacted Transcript Follow Up 6/16/2022. Release of Transcript Restriction set for 8/11/2022.(ko)

May 13, 2022

Filing 93 Assented to Motion to Seal #92 Sealed Objection to #82 Motion for Reconsideration in Part, Order on Motion for Summary Judgment filed by Derick Ortiz.(ko)

May 13, 2022

Filing 92 UNREDACTED/SEALED OBJECTION to #82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment filed by Derick Ortiz. (Attachments: #1 Memorandum of Law, #2 Exhibit 3 Deposition, #3 Exhibit 5 Correspondence dated 10/18/19, #4 Proposed Order)(ko) Modified on 5/16/2022 to add: unredacted (ko).

May 13, 2022

Filing 91 OBJECTION to #82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment filed by Derick Ortiz. Follow up on Reply on 5/20/2022. 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 (Affidavit) Declaration of Joseph Marchese, #2 Exhibit 1- Hilton Complaint, #3 Exhibit 2- Hearing transcript Feb4,2022, #4 Exhibit 3- Conventionally filed, #5 Exhibit 4- Guay Complaint, #6 Exhibit 5- Conventionally filed, #7 Exhibit 6- Guay Answer, #8 Exhibit 7- Jinn Complaint, #9 Exhibit 8- Jinn Answer)(King, Benjamin) Modified on 5/16/2022 to replace "REDACTED" with "Conventionally filed" (ko).

May 13, 2022

Filing 90 TRANSCRIPT of Proceedings for Motion Hearing Afternoon Session held on 5/4/2022. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 6/3/2022. Redacted Transcript Follow Up 6/13/2022. Release of Transcript Restriction set for 8/8/2022.(ko)

May 5, 2022

Filing 88 Exhibit List for 5/4/2022 Evidentiary Hearing by Derick Ortiz. (jb)

May 4, 2022

Filing 89 Exhibit List for 5/4/2022 Evidentiary Hearing by Sig Sauer, Inc. (jb)

May 4, 2022

Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 5/4/2022 re #40 MOTION to Certify Class , #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON and #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir. Witnesses Appearing: Colin B. Weir, Andrew Y. Lemon. Order to issue. (Court Reporter: Liza W. Dubois AM Session; Susan Bateman PM Session) (Pltfs Atty: Joseph Marchese, Joshua Arisohn, Scott A. Bursor, Benjamin T. King) (Defts Atty: Robert L. Joyce, Benjamin B. Folson, Brent Dwerlkotte)(Total Hearing Time: 4 hours, 4 minutes) (jb)

May 3, 2022

Filing 87 NOTICE of Attorney Appearance by Scott A Bursor on behalf of Derick Ortiz Attorney Scott A Bursor added to party Derick Ortiz(pty:pla).(Bursor, Scott)

May 1, 2022

ENDORSED ORDER granting re #86 Motion for Scott A. Bursor to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante. The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(ko)

April 29, 2022

Filing 86 Assented to MOTION for Scott A. Bursor to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2243884.) filed by Derick Ortiz.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 (Affidavit) A- Affidavit of Scott Bursor, #2 Exhibit B- Appearance of Scott Bursor)(Douglas, Charles) Modified on 4/30/2022 to add assented to text (jb).

April 21, 2022

ENDORSED ORDER granting #85 Assented to MOTION to Seal #84 SEALED/REDACTED MOTION re #47 Assented to MOTION to Exclude DEFENDANT'S PROFERRED EXPERT DR. ANDREW LEMON. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

April 21, 2022

RESCHEDULING NOTICE of Motion/Evidentiary Hearing (date change) re: #40 MOTION to Certify Class, #47 MOTION to Exclude DEFENDANT'S PROFERRED EXPERT DR. ANDREW LEMON, and #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir. Motion Hearing reset for 5/4/2022 at 09:30 AM (from 4/27/2022) before Judge Joseph N. Laplante.(jb)

April 20, 2022

ENDORSED ORDER granting #83 Motion to Extend Time to Object/Respond to #82 Motion for Reconsideration in Part, Order on Motion for Summary Judgment to 05/13/2022. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.Follow up on Objection on 5/13/2022. (jb)

April 19, 2022

Filing 83 Assented to MOTION to Extend Time to Object/Respond to #82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment to 05/13/2022 filed by Derick Ortiz. (Attachments: #1 Exhibit A- Attachment with Deadlines)(King, Benjamin)

April 15, 2022

Filing 82 MOTION for Reconsideration in Part, Order on Motion for Summary Judgment filed by Sig Sauer, Inc..Follow up on Objection on 4/29/2022. 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 in Support of Motion to Reconsider, #2 Exhibit Ex. 1 - Hilton RFA Resp)(Folsom, Benjamin)

April 4, 2022

NOTICE re: #40 MOTION to Certify Class, #47 Assented to MOTION to Exclude DEFENDANT'S PROFERRED EXPERT DR. ANDREW LEMON, #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir. Motion Hearing set for 4/27/2022 at 09:00 AM before Judge Joseph N. Laplante.(ko)

April 1, 2022

Filing 81 ORDER re #50 Motion for Summary Judgment. For the reasons therein, Sig Sauer's motion for summary judgment is GRANTED with respect to Ortiz's warranty claims (Counts 1-3) and DENIED without prejudice as to Ortiz's remaining claims (Counts 4-7). The court recognizes that Sig Sauer has moved to exclude the expert opinions of Gaskin and Weir. If the court finds one or both opinions inadmissible, it may revisit the latter decision sua sponte, given that the plaintiff's theory of damages relies on these experts' opinions. So Ordered by Judge Joseph N. Laplante. (ko)

March 29, 2022

ENDORSED ORDER denying without prejudice re #40 Motion to Certify Class. Text of Order: Solely as a matter of case administration and court management, the motion to certify class (doc. no. 40) is denied without prejudice. The court stresses that this order in no way modifies or impacts the ongoing status or progress of this litigation, but rather serves only to facilitate the court's docket and case management and stewardship of judicial resources. The motion will be reinstated upon any pre-hearing notice filed by the plaintiffs. So Ordered by Judge Joseph N. Laplante. (ko)

March 25, 2022

Minute Entry for proceedings held before Judge Joseph N. Laplante. STATUS CONFERENCE held on 3/25/2022. (Pltfs Atty: Joseph Marchese, Benjamin King) (Defts Atty: Brian Gibson, Brent Dwerlkotte)(Total Hearing Time: 20 minutes) (ko)

March 24, 2022

RESCHEDULING NOTICE of Video Hearing. Status Conference reset for 3/25/2022 at 11:30 AM (from 11:00 AM) before Judge Joseph N. Laplante.(ko)

March 22, 2022

NOTICE of Video Hearing. Conference set for 3/25/2022 at 11:00 AM before Judge Joseph N. Laplante.(ko)

February 18, 2022

TRIAL NOTICE: Pretrial Statements due 9/6/2022. LR 16.2(d) Objections due 9/20/2022. Final Pretrial Conference reset for 9/27/2022 at 10:00 AM before Judge Joseph N. Laplante. Jury Selection/Trial reset for two week period beginning 10/4/2022 at 09:30 AM before Judge Joseph N. Laplante. (ko)

February 16, 2022

Filing 80 TRANSCRIPT of Proceedings for Motion Hearing held on 2/4/2022. Court Reporter: Liza W. Dubois, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 3/9/2022. Redacted Transcript Follow Up 3/21/2022. Release of Transcript Restriction set for 5/16/2022.(ko)

February 4, 2022

Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 2/4/2022 re #50 MOTION for Summary Judgment. Order to issue. (Court Reporter: Liza W. Dubois) (Pltfs Atty: B. King, J. Arisohn, J. Marchese) (Defts Atty: B. Folsom, R. Joyce, K. Gibson, B. Dwerlkotte)(Total Hearing Time: 2 hours) (ko)

February 3, 2022

RESCHEDULING NOTICE re: #50 MOTION for Summary Judgment. Motion Hearing reset for 2/4/2022 at 11:00 AM (from 10:00 AM) before Judge Joseph N. Laplante.(ko)

January 26, 2022

ENDORSED ORDER: The parties raised a choice-of-law issue in their summary judgment briefs. The plaintiff argues, in part, that New Hampshire law applies to all claims because SIG Sauer, Inc.'s website contains a choice of law clause stating that [a]ll matters relating to the Website... and any dispute or claim arising therefrom or related thereto... shall be governed by and construed in accordance with the internal laws of the State of New Hampshire. Doc. no. 43 at 19; see also doc. no. 59 at 19. The court has not been apprised of material facts that can bear on the issue of whether this clause constitutes a valid online agreement between the parties-including, for example, facts related to the plaintiffs knowledge of the clause or his assent to it. The parties should be prepared to discuss this issue and relevant facts and evidence at the upcoming oral argument on February 4, 2022. The court does not require additional briefing on this subject at this time, but if either party wishes to submit such additional briefing, the submission shall be limited to six pages and shall be filed by 3 PM on February 2, 2022. So Ordered by Judge Joseph N. Laplante.(ko)

January 19, 2022

ENDORSED ORDER: If counsel wish to try this case on March 1, they should jointly so notify the court as soon as possible, because the procedural posture of the case will present challenges in meeting that schedule. If not, counsel shall confer regarding their schedules and jointly propose a trial date to the Deputy Clerk. Email is sufficient and if counsel wish to confer with the court, they may jointly arrange to do so. So Ordered by Judge Joseph N. Laplante. (Compliance Deadline set for 1/28/2022.) (ko)

January 4, 2022

NOTICE re: #50 MOTION for Summary Judgment. Motion Hearing set for 2/4/2022 at 10:00 AM via video before Judge Joseph N. Laplante.(ko)

December 15, 2021

ENDORSED ORDER granting #71 Assented to Motion to Seal 70 Confidential Exhibit to Opposition. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (ko)

December 13, 2021

Filing 69 NOTICE of Supplemental Authority by Derick Ortiz. (Attachments: #1 Exhibit A - Cardenas v. Toyota Class Cert Ruling)(King, Benjamin)

December 7, 2021

Filing 71 Assented to Motion to Seal 70 Confidential Exhibit to Opposition filed by Sig Sauer, Inc. Served on 12/3/2021. (Attachments: #1 Cover Letter)(ko)

December 3, 2021

Filing 68 OBJECTION to #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON filed by Sig Sauer, Inc.. Follow up on Reply on 12/10/2021. 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 A Notice of Conventional Filing(Dr. Lemon Report), #2 Exhibit A (Dr. Lemon Deposition))(Folsom, Benjamin) Modified on 12/6/2021 to add: notice of conventional filing to Exhibit A(ko).

November 24, 2021

ENDORSED ORDER granting #66 Motion to Exceed the Page Limit for Reply filed in support of its Motion for Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

November 19, 2021

Filing 67 REPLY to Objection to Motion re #50 MOTION for Summary Judgment filed by Sig Sauer, Inc.. Surreply due by 11/24/2021. (Attachments: #1 Exhibit 13 - All4Shooters Article re Upgrade, #2 Exhibit 14 - Nov 2017 Ortiz SIG email (redacted), #3 Exhibit 15 - Apr 2018 SIG Email Ortiz (Redacted))(Folsom, Benjamin)

November 19, 2021

Filing 66 Assented to MOTION to Exceed the Page Limit for Reply filed in support of its Motion for Summary Judgment filed by Sig Sauer, Inc..(Folsom, Benjamin)

November 19, 2021

Filing 65 REPLY to Objection to Motion re #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir filed by Sig Sauer, Inc.. Surreply due by 11/24/2021. (Folsom, Benjamin)

November 18, 2021

NOTICE of ECF Filing Errors re: #58 Affidavit filed by Derick Ortiz. Document should have been filed as an attachment to the main document (AP 2.5(a)). Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(ko)

November 18, 2021

ENDORSED ORDER granting #46 Assented to MOTION to Exceed Page limit for memorandum in support of motion to exclude expert testimony. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(ko)

November 18, 2021

ENDORSED ORDER granting #56 Assented to MOTION for Leave to File Reply to Plaintiffs Objection to Defendant's Motion to Exclude the Opinions of Steven P. Gaskin and Colin Weir. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante.(ko)

November 17, 2021

ENDORSED ORDER granting #53 Joint Assented to MOTION to Extend Time to Object/Respond to #50 MOTION for Summary Judgment, #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir, #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON to December 3, 2021. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 12/3/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko)

November 12, 2021

Filing 60 MOTION to Seal #59 SEALED Unredacted #57 Objection to #50 Motion for Summary Judgment filed by Derick Ortiz. Served on 11/12/2021. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(ko)

November 12, 2021

Filing 59 SEALED Unredacted #57 Objection to #50 Motion for Summary Judgment filed by Derick Ortiz. (Attachments: #1 Declaration of Derick Ortiz, #2 Proof of Service)(ko) Modified on 11/16/2021 to remove duplicative docket text (ko).

November 12, 2021

Filing 58 AFFIDAVIT re #57 Objection to Motion, filed by Derick Ortiz(Marchese, Joseph)

November 12, 2021

Filing 57 OBJECTION to #50 MOTION for Summary Judgment filed by Derick Ortiz. Follow up on Reply on 11/19/2021. 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 (Affidavit) Declaration of Joseph I. Marchese)(Marchese, Joseph)

November 10, 2021

Filing 56 Assented to MOTION for Leave to File Reply to Plaintiffs Objection to Defendant's Motion to Exclude the Opinions of Steven P. Gaskin and Colin Weir filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit [Proposed] Reply)(Folsom, Benjamin)

November 4, 2021

NOTICE of ECF Filing Error re: #54 Memorandum in Support re #40 MOTION to Certify Class filed by Derick Ortiz. Filer used the wrong event. Filer should have used Reply to Objection to Motion. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(ko)

November 3, 2021

Filing 55 MEMORANDUM in Opposition re #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir filed by Derick Ortiz. Follow up on Reply on 11/10/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Marchese, Joseph)

November 3, 2021

Filing 54 REPLY MEMORANDUM in Support re #40 MOTION to Certify Class Reply Memorandum of Law In Further Support of Plaintiff's Motion for Class Certification, Appointment of Class Representative, and Appointment of Class Counsel filed by Derick Ortiz. (Marchese, Joseph) Modified on 11/4/2021 to add: Reply to docket text(ko).

November 3, 2021

FILED IN ERROR. ACTION REQUIRED - NOTICE Nonconforming Document re #53 Joint Assented to MOTION to Extend Time to Object/Respond to #50 MOTION for Summary Judgment , #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir , #47 Assented to MOTION to Exclude DEFENDANTS filed by Sig Sauer, Inc. The 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. File the completed form as addendum using the Other Documents/Addendum event and link filing(s) to document no. 53. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. 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 11/8/2021.(ko) Modified on 11/3/2021 to add: filed in error(ko).

November 2, 2021

Filing 53 Joint Assented to MOTION to Extend Time to Object/Respond to #50 MOTION for Summary Judgment , #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir , #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON to December 3, 2021 filed by Sig Sauer, Inc..(Folsom, Benjamin)

October 27, 2021

ENDORSED ORDER granting #52 Assented to MOTION to Extend Time to Object/Respond to #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir, #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON to November 3, 2021 (current deadline October 27, 2021). Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 11/3/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko)

October 25, 2021

Filing 52 Assented to MOTION to Extend Time to Object/Respond to #49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir , #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON to November 3, 2021 (current deadline October 27, 2021) filed by Sig Sauer, Inc..(Folsom, Benjamin)

October 18, 2021

ENDORSED ORDER re #48 Mediation Statement. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(ko)

October 13, 2021

Filing 85 Assented to MOTION to Seal #84 SEALED/REDACTED MOTION re #47 Assented to MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON filed by Derick Ortiz. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(jb)

October 13, 2021

Filing 84 SEALED/UNREDACTED MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON re #47 MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON filed by Derick Ortiz. Served on 10/13/2021. (Attachments: #1 Memorandum of Law, #2 Declaration of Joseph I. Marchese in Support of Plaintiff's Motion to Exclude Defendant's Proferred Expert Dr. Andrew Lemon, #3 Exhibit 87 - Videotaped Deposition of Andrew Y. Lemon dated 7/22/2021, #4 Exhibit 88 - Expert Report of Andrew Y. Lemon, Ph.D. dated June 24, 2021, #5 Exhibit 89 - Declaration of Colin B. Weir dated 2/26/2021, #6 Exhibit 90 - Rebuttal Declaration of Colin B. Weir dated 7/28/2021, #7 Exhibit 91 - Expert Report and Disclosure of Steven P. Gaskin, #8 Exhibit 92 - Rebuttal Expert Report of Steven P. Gaskin in Response to The Report of Andrew Y. Lemon, PH.D.)(jb) Served on 10/13/2021. (Attachments: #1 Memorandum of Law, #2 Declaration of Joseph I. Marchese in Support of Plaintiff's Motion to Exclude Defendant's Proferred Expert Dr. Andrew Lemon, #3 Exhibit 87 - Videotaped Deposition of Andrew Y. Lemon dated 7/22/2021, #4 Exhibit 88 - Expert Report of Andrew Y. Lemon, Ph.D. dated June 24, 2021, #5 Exhibit 89 - Declaration of Colin B. Weir dated 2/26/2021, #6 Exhibit 90 - Rebuttal Declaration of Colin B. Weir dated 7/28/2021, #7 Exhibit 91 - Expert Report and Disclosure of Steven P. Gaskin, #8 Exhibit 92 - Rebuttal Expert Report of Steven P. Gaskin in Response to The Report of Andrew Y. Lemon, PH.D.)(jb)

October 13, 2021

Filing 51 OBJECTION to #40 MOTION to Certify Class filed by Sig Sauer, Inc.. Follow up on Reply on 10/20/2021. 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 - Toner Depo Excerpts, #2 Exhibit 2 - Thomele Depo Excerpts, #3 Exhibit 3 - Taylor Depo Excerpts, #4 Exhibit 4 - Sealed, #5 Exhibit 5 - NIJ Standard (SIG-ORTIZ 465-489), #6 Exhibit 6 - SAAMI Standard (SIG-ORTIZ 490-501), #7 Exhibit 7 - Owner's Manual (Ortiz Depo Ex. 5), #8 Exhibit 8 - VUP Press Release, #9 Exhibit 10 - Manning Depo Excerpts, #10 Exhibit 11 - Warranty Appendix, #11 Exhibit 12 - Fraudulent Concealment Appendix, #12 Exhibit 13 - Hunter Depo Excerpts)(Folsom, Benjamin)

October 13, 2021

Filing 50 MOTION for Summary Judgment filed by Sig Sauer, Inc.. HEARING REQUESTED.Follow up on Objection on 11/12/2021. 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 in Support of, #2 Exhibit 1 - Toner Depo Trans, #3 Exhibit 2 - Thomele Depo Trans, #4 Exhibit 3 - Taylor Depo Trans, #5 Exhibit 4 - Sealed, #6 Exhibit 5 - NIJ Standard (SIG-ORTIZ 465-489), #7 Exhibit 6 - SAAMI Standard (SIG-ORTIZ 490-501, #8 Exhibit 7 - Owner's Manual (Ortiz Depo Ex. 5), #9 Exhibit 8 - VUP Press Release, #10 Exhibit 9 - Sealed, #11 Exhibit 10 - Sealed, #12 Exhibit 11 - Jankiewicz Decl., #13 Exhibit 12 - Sealed)(Folsom, Benjamin)

October 13, 2021

Filing 49 MOTION to Exclude Proferred Expert Witnesses Steven P. Gaskin and Colin Weir filed by Sig Sauer, Inc..Follow up on Objection on 10/27/2021. 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 in Support of, #2 Exhibit A - Sealed, #3 Exhibit B - Sealed, #4 Exhibit C - Sealed, #5 Exhibit D - Sealed, #6 Exhibit E - Sealed, #7 Exhibit F - Sealed, #8 Exhibit G - Sealed)(Folsom, Benjamin)

October 13, 2021

Filing 48 Mediation Statement: mediation would be productive Attorney Megan E. Douglass added to party Derick Ortiz(pty:pla).(Douglass, Megan)

October 13, 2021

Filing 47 MOTION to Exclude DEFENDANTS PROFERRED EXPERT DR. ANDREW LEMON filed by Derick Ortiz. (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Declaration of Joseph I. Marchese)(Marchese, Joseph) Modified on 4/20/2022 to remove Assented to text (jb).

October 13, 2021

Filing 46 Assented to MOTION to Exceed Page limit for memorandum in support of motion to exclude expert testimony filed by Sig Sauer, Inc..(Folsom, Benjamin)

October 12, 2021

ENDORSED ORDER granting #45 Assented to MOTION to Exceed Page limit for memorandum in support of motion for summary judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

October 8, 2021

Filing 45 Assented to MOTION to Exceed Page limit for memorandum in support of motion for summary judgment filed by Sig Sauer, Inc..(Folsom, Benjamin)

September 28, 2021

ENDORSED ORDER granting #42 Assented to Motion to Continue and Extend Deadlines to File Motions for Summary Judgment and Expert Challenges to October 13, 2021. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 10/13/2021. (ko)

September 28, 2021

Filing 42 Assented to MOTION to Continue and Extend Deadlines to File Motions for Summary Judgment and Expert Challenges to October 13, 2021 filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit Civil Form 3)(Folsom, Benjamin)

August 13, 2021

Filing 41 Exhibit 31 of the Delcaration of Joseph I. Marchese In Support of Motion to #40 MOTION to Certify Class by Derick Ortiz. (Attachments: #1 Exhibit 32, #2 Exhibit 33, #3 Exhibit 34, #4 Exhibit 40, #5 Exhibit 42, #6 Exhibit 70, #7 Exhibit 71, #8 Exhibit 72, #9 Exhibit 73, #10 Exhibit 74, #11 Exhibit 75, #12 Exhibit 76, #13 Exhibit 77, #14 Exhibit 78, #15 Exhibit 79, #16 Exhibit 80, #17 Exhibit 81, #18 Exhibit 82, #19 Exhibit 83, #20 Exhibit 84, #21 Exhibit 85, #22 Exhibit 86)(Marchese, Joseph) Modified on 8/17/2021 to remove duplicative "Exhibit" docket text (ko).

August 13, 2021

Filing 40 MOTION to Certify Class filed by Derick Ortiz.Follow up on Objection on 8/27/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.) (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Declaration of Plaintiff Derick Ortiz, #3 Exhibit (Affidavit) Declaration of Colin B. Weir, #4 Exhibit (Affidavit) Expert Report and Disclosure of William P. Munsell, #5 Exhibit (Affidavit) Expert Report and Disclosure of Steven P. Gaskin, #6 Exhibit (Affidavit) Declaration of Joseph I. Marchese, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 9, #12 Exhibit 11, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 16, #16 Exhibit 25, #17 Exhibit 26, #18 Exhibit 27, #19 Exhibit 28, #20 Exhibit 30)(Marchese, Joseph) Modified on 8/17/2021 to remove duplicative "Exhibit" docket text (ko).

August 11, 2021

Filing 39 AMENDED PROTECTIVE ORDER. So Ordered by Judge Joseph N. Laplante.(ko)

August 11, 2021

ENDORSED ORDER granting re #38 Assented to MOTION for Protective Order (Amended). Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(ko)

August 10, 2021

Filing 38 Assented to MOTION for Protective Order (Amended) filed by Derick Ortiz. (Attachments: #1 [Proposed] Amended Protective Order)(Arisohn, Joshua)

August 9, 2021

Filing 37 NOTICE of Attorney Appearance by Brent Dwerlkotte on behalf of Sig Sauer, Inc. Attorney Brent Dwerlkotte added to party Sig Sauer, Inc.(pty:dft).(Dwerlkotte, Brent)

July 30, 2021

Minute Entry for proceedings held before Judge Joseph N. Laplante. DISCOVERY STATUS CONFERENCE held on 7/30/2021. (Pltfs Atty: Benjamin King, Joseph Marchese) (Defts Atty: Benjamin Folsom, Brian Gibson)(Total Hearing Time: 18 minutes) (ko)

July 29, 2021

ENDORSED ORDER re #36 Status Report. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(ko)

July 28, 2021

Filing 36 STATUS REPORT by Derick Ortiz : Joint Statement Regarding the Status of Discovery(Deckant, Neal)

July 22, 2021

ENDORSED ORDER granting #35 Assented to MOTION for David Brenton Dwerlkotte to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(ko)

July 21, 2021

Filing 35 Assented to MOTION for David Brenton Dwerlkotte to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2140180.) filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit (Affidavit) Decl. of David Brenton Dwerlkotte)(Folsom, Benjamin)

July 2, 2021

ENDORSED ORDER reviewing #34 Mediation Statement. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(jb)

June 28, 2021

Filing 34 Joint Mediation Statement: JOINT STATEMENT REGARDING MEDIATION (Deckant, Neal)

April 8, 2021

ENDORSED ORDER granting #33 Assented to MOTION to Extend Time to make expert disclosures (UNOPPOSED - no objection to be filed). Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

April 7, 2021

Filing 33 Assented to MOTION to Extend Time to make expert disclosures (UNOPPOSED - no objection to be filed) filed by Sig Sauer, Inc. 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)(Folsom, Benjamin) Modified on 4/8/2021 to add Assented to text and delete follow up deadline (jb).

January 7, 2021

Filing 32 DISCOVERY ORDER re discovery dispute. Parties to proceed as outlined. So Ordered by Judge Joseph N. Laplante.(jb)

January 7, 2021

ENDORSED ORDER granting in part #31 MOTION to Extend Time to Deadlines and Continue Trial. Text of Order: Granted in part. Trial is continued to 3/1/2022 trial period. So Ordered by Judge Joseph N. Laplante. Mediation Follow Up on 6/28/2021. Discovery deadline 8/13/2021. Motion for Class Certification due by 8/13/2021. Objection to Motion for Class Certification due by 10/13/2021. Plaintiff's Reply to Objection due 11/3/2021. Summary Judgment Motions due by 10/4/2021.(jb)

January 7, 2021

Reset Pretrial/Trial Deadlines: Mid-Litigation Discovery Status Conference reset for 7/30/2021 at 03:00 PM before Judge Joseph N. Laplante. Joint Statement regarding the status of discovery due by 7/28/2021. Pretrial Statements due 2/1/2022. LR 16.2(d) Objections due 2/15/2022. Final Pretrial Conference reset for 2/22/2022 at 03:30 PM before Judge Joseph N. Laplante. Jury Selection/Trial reset for two week period beginning 3/1/2022 at 09:30 AM before Judge Joseph N. Laplante. (jb)

January 6, 2021

Minute Entry for proceedings held before Judge Joseph N. Laplante. DISCOVERY HEARING held via video-conference on 1/6/2021. Order to issue. (Court Reporter: Liza W. Dubois) (Pltfs Atty: Neal J. Deckant, Benjamin T. King, Joshua Arisohn) (Defts Atty: Benjamin B. Folsom, Brian Keith Gibson, Robert L. Joyce)(Total Hearing Time: 1 hour, 3 minutes) (jb)

January 5, 2021

Filing 31 MOTION to Extend Time to Deadlines and Continue Trial filed by Derick Ortiz.Follow up on Objection on 1/19/2021. 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 A- Civil Form 3)(King, Benjamin)

January 4, 2021

NOTICE of Video-Conference Hearing. Video-Conference Discovery Dispute Hearing set for 1/6/2021 02:00 PM before Judge Joseph N. Laplante.(cmp)

July 7, 2020

Filing 30 PROTECTIVE ORDER re documents produced in discovery. So Ordered by Judge Joseph N. Laplante.(jb)

July 7, 2020

ENDORSED ORDER granting #29 Motion for Protective Order. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

July 3, 2020

Filing 29 Assented to MOTION for Protective Order filed by Sig Sauer, Inc.. (Attachments: #1 Proposed Order Protective Order)(Folsom, Benjamin)

May 29, 2020

Filing 28 ORDER approving (with changes) #27 Proposed Discovery Plan. Length of Trial 14 days. Case Track: Standard. So Ordered by Judge Joseph N. Laplante. Mediation Follow Up on 3/15/2021. Discovery Status Conference set for 4/16/2021 at 03:00 PM before Judge Joseph N. Laplante. Joint Statement regarding the status of discovery due by 4/14/2021. Discovery deadline 4/30/2021. Summary Judgment Motions due by 6/30/2021.(jb)

May 29, 2020

TRIAL NOTICE: Pretrial Statements due 10/5/2021. LR 16.2(d) Objections due 10/19/2021. Final Pretrial Conference set for 10/26/2021 at 03:00 PM before Judge Joseph N. Laplante. Jury Selection/Trial set for two week period beginning 11/2/2021 at 09:30 AM before Judge Joseph N. Laplante. (jb)

May 21, 2020

RESCHEDULING NOTICE of Hearing (time change only). Preliminary Pretrial Conference reset for 5/21/2020 at 03:45 PM (from 03:30 PM) before Judge Joseph N. Laplante.(jb)

May 21, 2020

Minute Entry for proceedings held before Judge Joseph N. Laplante. PRETRIAL CONFERENCE via VideoConference held on 5/21/2020. Order to issue. (Pltfs Atty: Benjamin T. King, Joseph Marchese) (Defts Atty: Robert L. Joyce, Benjamin B. Folsom)(Total Hearing Time: 24 minutes) (jb)

May 12, 2020

NOTICE OF PRETRIAL (SCHEDULING) VIDEO-CONFERENCE. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. Pretrial Video-Conference set for 5/21/2020 03:30 PM before Judge Joseph N. Laplante. (cmp)

May 1, 2020

Filing 27 Proposed Discovery Plan filed Jointly filed by Derick Ortiz. (King, Benjamin)

April 16, 2020

Filing 26 NOTICE of Attorney Appearance by Brian Keith Gibson on behalf of Sig Sauer, Inc. Attorney Brian Keith Gibson added to party Sig Sauer, Inc.(pty:dft).(Gibson, Brian)

April 16, 2020

Filing 25 NOTICE of Attorney Appearance by Robert L. Joyce on behalf of Sig Sauer, Inc. (Joyce, Robert)

April 10, 2020

NOTICE OF CANCELLATION re Notice of Pretrial Conference set for 5/4/2020. Because the court is familiar with the issues and with counsel from the Rule 12(b) litigation, it will forego a preliminary pretrial conference unless affirmatively requested by counsel. Parties to file a joint proposed discovery plan by May 1, 2020. (jb)

April 10, 2020

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/4/2020 at 11:30 AM before Judge Joseph N. Laplante. Follow up on Discovery Plan 4/27/2020. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. While not mandatory, the court prefers that the Joint Discovery Plan filed in accordance with Fed. R. Civ. P. 26(f) specify a summary judgment deadline which falls after the close of discovery, but at least 120 days before trial. 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.(jb)

April 6, 2020

Filing 24 ANSWER to #1 Complaint - New Case,, filed by Sig Sauer, Inc..(Folsom, Benjamin)

March 23, 2020

Filing 23 ///ORDER granting in part and denying in part #6 Motion to Dismiss for Failure to State a Claim. Count 8 of the complaint is dismissed without prejudice. The remainder of Sig Sauer's motion to dismiss is denied. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 4/6/2020. (jb)

March 3, 2020

Filing 22 TRANSCRIPT of Proceedings for Motion Hearing held on February 24, 2020. Court Reporter: Susan M. Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 3/24/2020. Redacted Transcript Follow Up 4/3/2020. Release of Transcript Restriction set for 5/29/2020.(jb)

February 24, 2020

Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 2/24/2020 re #6 MOTION to Dismiss for Failure to State a Claim . Written Order to Issue. (Court Reporter: Susan Bateman) (Pltfs Atty: Joseph Marchese, Esq., Benjamin King, Esq.) (Defts Atty: Robert L. Joyce, Esq., Benjamin Folsom, Esq.)(Total Hearing Time: 1 hour 30 minutes) (cmp)

February 20, 2020

Filing 21 NOTICE of Attorney Appearance by Benjamin T. King on behalf of Derick Ortiz Attorney Benjamin T. King added to party Derick Ortiz(pty:pla).(King, Benjamin)

February 20, 2020

HEARING RESCHEDULING NOTICE re: #6 MOTION to Dismiss for Failure to State a Claim. ORAL ARGUMENT on Motion - Hearing reset for 2/24/2020 at 02:45 PM (instead of 2:00 PM) before Judge Joseph N. Laplante.(cmp)

February 7, 2020

ENDORSED ORDER re #6 Motion to Dismiss for Failure to State a Claim. Text of Order: The court has undertaken active consideration of the Motion to Dismiss for Failure to State a Claim. A hearing has been scheduled for February 24, 2020 at 2:00 pm. If there is any reason that the court should not actively consider the case at this time (such as an imminent settlement, resolution of the issues in question, or planned, potentially successful mediation), counsel are requested to notify the Deputy Clerk immediately, or at the earliest practicable opportunity So Ordered by Judge Joseph N. Laplante.(jb)

January 31, 2020

HEARING NOTICE re: #6 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 2/24/2020 at 02:00 PM before Judge Joseph N. Laplante.(jb)

December 19, 2019

Filing 20 NOTICE of Attorney Appearance by Joseph Marchese on behalf of Derick Ortiz Attorney Joseph Marchese added to party Derick Ortiz(pty:pla).(Marchese, Joseph)

December 19, 2019

Filing 19 NOTICE of Attorney Appearance by Neal J. Deckant on behalf of Derick Ortiz Attorney Neal J. Deckant added to party Derick Ortiz(pty:pla).(Deckant, Neal)

December 18, 2019

ENDORSED ORDER granting #13 Assented to MOTION for Robert L. Joyce, Esq. to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)

December 18, 2019

Filing 18 NOTICE of Attorney Appearance by Joshua Arisohn on behalf of Derick Ortiz Attorney Joshua Arisohn added to party Derick Ortiz(pty:pla).(Arisohn, Joshua)

December 18, 2019

Filing 17 REPLY to Objection to Motion re #6 MOTION to Dismiss for Failure to State a Claim filed by Sig Sauer, Inc.. Surreply due by 12/23/2019. (Folsom, Benjamin)

December 11, 2019

Filing 16 NOTICE of Attorney Appearance by Charles G. Douglas, III on behalf of Derick Ortiz Appearance by Neal J. Deckant, pro hac vice (Douglas, Charles)

December 11, 2019

Filing 15 NOTICE of Attorney Appearance by Charles G. Douglas, III on behalf of Derick Ortiz Appearance by Joshua Arisohn, pro hac vice (Douglas, Charles)

December 11, 2019

Filing 14 NOTICE of Attorney Appearance by Charles G. Douglas, III on behalf of Derick Ortiz Appearance of Joseph I. Marchese, pro hac vice (Douglas, Charles)

December 11, 2019

Filing 13 Assented to MOTION for Robert L. Joyce, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1905916.) filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Robert L. Joyce, Esq.)(Folsom, Benjamin)

December 11, 2019

Filing 12 OBJECTION to #6 MOTION to Dismiss for Failure to State a Claim filed by Derick Ortiz. Follow up on Reply on 12/18/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Douglas, Charles)

December 5, 2019

ENDORSED ORDER granting #8 Assented to MOTION for Brian Keith Gibson, Esq. to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)

December 5, 2019

ENDORSED ORDER granting #9 Assented to MOTION for Joseph I. Marchese to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)

December 5, 2019

ENDORSED ORDER granting #10 Assented to MOTION for Joshua D. Arisohn to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)

December 5, 2019

ENDORSED ORDER granting #11 Assented to MOTION for Neal J. Deckant to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jb)

December 5, 2019

Filing 11 Assented to MOTION for Neal J. Deckant to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1902437.) filed by Derick Ortiz. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Deckant)(Douglas, Charles)

December 5, 2019

Filing 10 Assented to MOTION for Joshua D. Arisohn to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1902436.) filed by Derick Ortiz. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Arisohn)(Douglas, Charles)

December 5, 2019

Filing 9 Assented to MOTION for Joseph I. Marchese to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1902429.) filed by Derick Ortiz. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Marchese)(Douglas, Charles)

December 4, 2019

Filing 8 Assented to MOTION for Brian Keith Gibson, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1902150.) filed by Sig Sauer, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Brian Keith Gibson)(Folsom, Benjamin)

December 4, 2019

Filing 7 NOTICE of Attorney Appearance by Michael J. Quinn on behalf of Sig Sauer, Inc. Attorney Michael J. Quinn added to party Sig Sauer, Inc.(pty:dft).(Quinn, Michael)

November 27, 2019

Filing 6 MOTION to Dismiss for Failure to State a Claim filed by Sig Sauer, Inc.. HEARING REQUESTED.Follow up on Objection on 12/11/2019. 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 Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit A - Sig Sauer Warranty, #3 Exhibit B - Warranty State Laws Appendix, #4 Exhibit C - Unjust Enrichment State Laws Appendix, #5 Exhibit D - Fraudulent Concealment State Laws Appendix, #6 Exhibit E - Gordon v. Sig Sauer Order (Texas Action))(Folsom, Benjamin)

November 27, 2019

Filing 5 Disclosure Statement by Sig Sauer, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Folsom, Benjamin)

November 27, 2019

Filing 4 NOTICE of Attorney Appearance by Benjamin B. Folsom on behalf of Sig Sauer, Inc. Attorney Benjamin B. Folsom added to party Sig Sauer, Inc.(pty:dft).(Folsom, Benjamin)

October 28, 2019

Filing 3 WAIVER OF SERVICE Returned Executed as to Sig Sauer, Inc. by Derick Ortiz. Served/Mailed on 9/30/2019. Answer Follow Up on 12/2/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Douglas, Charles)

September 30, 2019

Filing 2 Notice of Lawsuit/Waiver issued electronically as to Sig Sauer, Inc. NOTICE: Counsel shall print and serve the notice/waiver and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc)

September 30, 2019

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. (mc)

September 27, 2019

Case assigned to Judge Joseph N. Laplante. The case designation is: 1:19-cv-1025-JL. Please show this number with the judge designation on all future pleadings. (mc)

September 27, 2019

Filing 1 NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 400, receipt number 0102-1869906 filed by Derick Ortiz. (Attachments: #1 Exhibit A- Ortiz Pre-Suit Letter, #2 Civil Cover Sheet Civil Cover Sheet, #3 Notice ECF Notice of Lawsuit, #4 Summons - Waiver Waiver of Service). 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.(Douglas, Charles)

Search for this case: Ortiz v. Sig Sauer, Inc.
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Defendant: Sig Sauer, Inc.
Represented By:	Michael J. Quinn
Represented By:	Robert L. Joyce
Represented By:	Benjamin B. Folsom
Represented By:	Brent Dwerlkotte
Represented By:	Brian Keith Gibson
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Plaintiff: Derick Ortiz
Represented By:	Charles G. Douglas, III
Represented By:	Benjamin T. King
Represented By:	Joseph Marchese
Represented By:	Joshua Arisohn
Represented By:	Megan E. Douglass
Represented By:	Neal J. Deckant
Represented By:	Scott A Bursor
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