Blackman v. Boston Whaler, Inc. et al
Plaintiff: Scott G. Blackman
Defendant: Boston Whaler, Inc., MarineMax East, Inc., MarineMax Services, Inc. and Brunswick Product Protection Corporation
Case Number: 7:2022cv00017
Filed: January 28, 2022
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: James C Dever
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. ยง 2301 Magnuson-Moss Warranty Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2022 Filing 21 AMENDED COMPLAINT against Boston Whaler, Inc., Brunswick Product Protection Corporation, MarineMax East, Inc., filed by Scott G. Blackman. (Attachments: #1 Exhibit EX A, #2 Exhibit EX B, #3 Exhibit EX C, #4 Exhibit EX D, #5 Exhibit EX E, #6 Exhibit EX F, #7 Exhibit EX G, #8 Exhibit EX H, #9 Exhibit EX I) (Wendling, Gregory)
March 14, 2022 TEXT ORDER granting Plaintiff's Motion for Extension of Time #20 . For good cause shown, it is ordered that Plaintiff has up to and including April 25, 2022, within which to respond to the Motion to Dismiss #18 . Signed by Peter A. Moore, Jr., Clerk of Court on 3/14/2022. (Hockaday, A.)
March 11, 2022 Filing 20 First MOTION for Extension of Time to File Response regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Prosecution to Defendants Motions to Dismiss filed by Scott G. Blackman. (Attachments: #1 Text of Proposed Order) (Wendling, Gregory) Modified on 3/11/2022 - added docket entry relationship. (Sellers, N.)
March 11, 2022 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #20 First MOTION for Extension of Time to File Response to Defendants Motions to Dismiss. (Sellers, N.)
March 4, 2022 Filing 19 Memorandum in Support regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Prosecution filed by Boston Whaler, Inc., Brunswick Product Protection Corporation, MarineMax East, Inc., MarineMax Services, Inc.. (Attachments: #1 Index of Exhibits to Memorandum in Support of Motion to Dismiss, #2 Exhibit 1 - BPP Passport Premiere Extended Service Contract) (Houston, Matthew)
March 4, 2022 Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Prosecution filed by Boston Whaler, Inc., Brunswick Product Protection Corporation, MarineMax East, Inc., MarineMax Services, Inc.. (Houston, Matthew)
February 11, 2022 Filing 17 Financial Disclosure Statement by Scott G. Blackman (Wendling, Gregory)
February 11, 2022 Filing 16 Notice of Appearance filed by Gregory A. Wendling on behalf of Scott G. Blackman. (Wendling, Gregory)
February 2, 2022 Filing 15 Notice filed by MarineMax East, Inc., MarineMax Services, Inc. regarding #1 Notice of Removal (Notice of Filing of As-Filed Notice of Removal). (Attachments: #1 Index of Exhibits to Notice of Filing of As-Filed Notice of Filing of Notice of Removal, #2 Exhibit 1 - As-Filed Notice of Filing of Notice of Removal) (Houston, Matthew)
February 2, 2022 Opinion or Order Filing 14 ORDER granting #8 Motion for Extension of Time to Answer. The time for defendants Boston Whaler, Inc., MarineMax Services, Inc., MarineMax East, Inc., and Brunswick Product Protection Corporation to move, answer, or otherwise respondto the Verified Complaint is extended through and including March 7, 2022. Signed by Peter A. Moore, Jr., Clerk of Court on 2/2/2022. Sent to Gregory A. Wendling at Wendling Law Office 706 Green Valley Road, Suite 410-A Greensboro, NC 27408 via US Mail. (Sellers, N.)
February 2, 2022 Filing 13 Notice of Appearance filed by Zachary Scott Buckheit on behalf of Boston Whaler, Inc., Brunswick Product Protection Corporation. (Buckheit, Zachary)
February 2, 2022 Filing 12 Notice of Appearance filed by A. Lee Hogewood, III on behalf of Boston Whaler, Inc., Brunswick Product Protection Corporation. (Hogewood, A.)
February 2, 2022 Filing 11 Notice of Appearance filed by Matthew Thomas Houston on behalf of Boston Whaler, Inc., Brunswick Product Protection Corporation. (Houston, Matthew)
February 2, 2022 Filing 10 Financial Disclosure Statement by Brunswick Product Protection Corporation identifying Corporate Parent Brunswick Corporation for Brunswick Product Protection Corporation. (Houston, Matthew)
February 2, 2022 Filing 9 Financial Disclosure Statement by Boston Whaler, Inc. identifying Corporate Parent Brunswick Corporation for Boston Whaler, Inc.. (Houston, Matthew)
February 2, 2022 Filing 8 Consent MOTION for Extension of Time to File Answer (Defendants' First Consent Motion for Extension of Time to Move, Answer, or Otherwise Respond to Complaint) filed by Boston Whaler, Inc., Brunswick Product Protection Corporation, MarineMax East, Inc., MarineMax Services, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order on First Consent Motion for Extension of Time) (Houston, Matthew)
February 2, 2022 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #8 Consent MOTION for Extension of Time to File Answer (Defendants' First Consent Motion for Extension of Time to Move, Answer, or Otherwise Respond to Complaint). (Sellers, N.)
February 1, 2022 Filing 7 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiffs' Counsel, Gregory A. Wendling of Wendling Law Office at 706 Green Valley Road, Suite 410-A, Greensboro, NC 27408 sent via US Mail on February 1, 2022. (Rudd, D.)
January 28, 2022 Filing 6 Notice of Appearance filed by Zachary Scott Buckheit on behalf of MarineMax East, Inc., MarineMax Services, Inc.. (Buckheit, Zachary)
January 28, 2022 Filing 5 Notice of Appearance filed by A. Lee Hogewood, III on behalf of MarineMax East, Inc., MarineMax Services, Inc.. (Hogewood, A.)
January 28, 2022 Filing 4 Notice of Appearance filed by Matthew Thomas Houston on behalf of MarineMax East, Inc., MarineMax Services, Inc.. (Houston, Matthew)
January 28, 2022 Filing 3 Financial Disclosure Statement by MarineMax Services, Inc. identifying Corporate Parent MarineMax, Inc. for MarineMax Services, Inc.. (Houston, Matthew)
January 28, 2022 Filing 2 Financial Disclosure Statement by MarineMax East, Inc. identifying Corporate Parent MarineMax, Inc. for MarineMax East, Inc.. (Houston, Matthew)
January 28, 2022 Filing 1 NOTICE OF REMOVAL by MarineMax East, Inc., MarineMax Services, Inc. from New Hanover County Superior Court, case number 19-CVS-523. ( Filing fee $ 402 receipt number 0417-6412954), filed by MarineMax East, Inc., MarineMax Services, Inc.. (Attachments: #1 Index of Exhibits to Defendants' MarineMax East, Inc. and MarineMax Services, Inc.'s Notice of Removal, #2 Exhibit A-1 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated February 14, 2019), #3 Exhibit A-2 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated February 14, 2019), #4 Exhibit A-3 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated May 3, 2019), #5 Exhibit A-4 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated May 3, 2019), #6 Exhibit A-5 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated July 29, 2019), #7 Exhibit A-6 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated July 29, 2019), #8 Exhibit A-7 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated October 21, 2019), #9 Exhibit A-8 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated October 21, 2019), #10 Exhibit A-9 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated January 14, 2020), #11 Exhibit A-10 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated January 14, 2020), #12 Exhibit A-11 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated March 26, 2020), #13 Exhibit A-12 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated March 26, 2020), #14 Exhibit A-13 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated June 4, 2020), #15 Exhibit A-14 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated June 4, 2020), #16 Exhibit A-15 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated August 25, 2020), #17 Exhibit A-16 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated August 25, 2020), #18 Exhibit A-17 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated November 16, 2020), #19 Exhibit A-18 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated November 16, 2020), #20 Exhibit A-19 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated February 3, 2021), #21 Exhibit A-20 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated February 3, 2021), #22 Exhibit A-21 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated April 21, 2021), #23 Exhibit A-22 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated April 21, 2021), #24 Exhibit A-23 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated July 8, 2021), #25 Exhibit A-24 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated July 8, 2021), #26 Exhibit A-25 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated September 29, 2021), #27 Exhibit A-26 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated September 29, 2021), #28 Exhibit A-27 - Civil Summons to Boston Whaler, Inc. and MarineMax East, Inc. (dated December 20, 2021), #29 Exhibit A-28 - Civil Summons to MarineMax Services, Inc. and Brunswick Product Protection Corporation (dated December 20, 2021), #30 Exhibit A-29 - Correspondence from Gregory A. Wendling, Esq. requesting Alias and Pluries Summons (dated February 1, 2021), #31 Exhibit A-30 - Correspondence from Gregory A. Wendling, Esq. requesting Alias and Pluries Summons (dated April 20, 2021), #32 Exhibit A-31 - Correspondence from Gregory A. Wendling, Esq. requesting Alias and Pluries Summons (dated July 7, 2021), #33 Exhibit A-32 - Correspondence from Gregory A. Wendling, Esq. requesting Alias and Pluries Summons (dated September 28, 2021), #34 Exhibit A-33 - Correspondence from Gregory A. Wendling, Esq. requesting Alias and Pluries Summons (dated December 15, 2021), #35 Exhibit A-34 - Plaintiffs Verified Complaint with Jury Demand, #36 Exhibit A-35 - State Court Civil Cover Sheet, #37 Exhibit A-36 - Complaint Filing Fee Receipt, #38 Exhibit A-37 - Civil Case Processing System Daily Judgments/Dispositions Report (dated December 25, 2020), #39 Exhibit B - Notice of Filing of Notice of Removal Template, #40 Exhibit C - Civil Cover Sheet, #41 Exhibit D - Supplemental Removal Cover Sheet) (Houston, Matthew)

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Plaintiff: Scott G. Blackman
Represented By: Gregory A. Wendling
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Defendant: Boston Whaler, Inc.
Represented By: A. Lee Hogewood, III
Represented By: Matthew Thomas Houston
Represented By: Zachary Scott Buckheit
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Defendant: MarineMax East, Inc.
Represented By: A. Lee Hogewood, III
Represented By: Zachary Scott Buckheit
Represented By: Matthew Thomas Houston
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Defendant: MarineMax Services, Inc.
Represented By: A. Lee Hogewood, III
Represented By: Zachary Scott Buckheit
Represented By: Matthew Thomas Houston
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Defendant: Brunswick Product Protection Corporation
Represented By: A. Lee Hogewood, III
Represented By: Matthew Thomas Houston
Represented By: Zachary Scott Buckheit
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