Name: Evans v. Daikin North America LLC :: Massachusetts District Court :: Federal Civil Lawsuit No. 1:17-cv-10108, Judge Richard G. Stearns presiding
Creator: Massachusetts District Court
Published: 2017-01-23
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Massachusetts District Court

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	Filed: 12/21/2018, Entered: None	Order on Motion forJoinder

	Request

	Filed: 12/13/2018, Entered: None	Order on Motion for Leave to File Document

	Request

	Filed: 12/12/2018, Entered: None	Order on Motion to continue

	Request

	Filed: 12/10/2018, Entered: None	Order on Motion forJoinder

	Request

123	Filed: 2/19/2020, Entered: 2/19/2020
	Judge Richard G. Stearns: ELECTRONIC ORDER entered in case 1:17-cv-10108-RGS; granting (256) Motion in case 1:17-cv-11630-RGS. The motion to preclude DACA's experts from offering undisclosed expert testimony is ALLOWED, but probably unnecessary. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS(Zierk, Marsha)


122	Filed: 1/28/2020, Entered: 1/28/2020
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting (242) Motion for permission for certain trial counsel to attend the final pretrial conference by telephone by Daca Delaware Dissolution Trust. Counsel wishing to be heard may participate by calling 1-888-363-4734 and entering Access Code 5181611. Counsel are advised to dial in to the teleconference number five minutes before the hearing. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS(Maynard, Timothy)


121	Filed: 1/28/2020, Entered: 1/28/2020
	Set Hearings: Final Pretrial Conference set for 1/30/2020 09:00 AM in Courtroom 21 before Judge Richard G. Stearns. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS (Maynard, Timothy)


120	Filed: 1/17/2020, Entered: 1/17/2020
	Set Hearings: Jury Trial set to begin 2/10/2020 09:00 AM in Courtroom 21 before Judge Richard G. Stearns. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS(Maynard, Timothy)


119	Filed: 10/31/2019, Entered: 10/31/2019
	Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS (Maynard, Timothy)
	Request

118	Filed: 10/18/2019, Entered: 10/18/2019
	Reset Hearings: Jury Trial set for 1/6/2020 09:00 AM in Courtroom 21 before Judge Richard G. Stearns. Final Pretrial Conference set for 1/3/2020 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. Trial moved due to Court scheduling conflict. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS(Maynard, Timothy)


117	Filed: 8/8/2019, Entered: 8/8/2019
	Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference set for 11/8/2019 03:00 PM in Courtroom 21 before Judge Richard G. Stearns. Jury Trial set for 11/12/2019 09:00 AM in Courtroom 21 before Judge Richard G. Stearns. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS(Maynard, Timothy)
	Request

116	Filed: 8/8/2019, Entered: 8/8/2019
	ELECTRONIC NOTICE Canceling Hearing. JURY TRIAL set for 8/12/2019 and PRETRIAL CONFERENCE set for 8/9/2019 are CANCELED. New pretrial order to issue. (Maynard, Timothy)


115	Filed: 8/6/2019, Entered: 8/6/2019
	NOTICE of Appearance by David Robert Fox on behalf of Daca Delaware Dissolution Trust (Fox, David)
	Request

114	Filed: 6/21/2019, Entered: 6/21/2019
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 109 Motion for Partial Judgment on the Pleadings. DACA Trust moves pursuant to Fed. R. Civ. P. 12(c) for partial judgment on the pleadings as to plaintiffs' claim of a breach of the implied warranty of merchantability. Rule 12(c) permits a party to move for judgment on the pleadings at any time "[a]fter the pleadings are closed - but early enough not to delay trial." Fed. R. Civ. P. 12(c). A Rule 12(c) motion "is treated much like a Rule 12(b)(6) motion to dismiss." Perez-Acevedo v. Rivero-Cubano, 520 F.3d 26, 29 (1st Cir. 2008). Thus, to survive, "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The court must "view the facts contained in the pleadings in the light most favorable to the party opposing the motion...and draw all reasonable inferences in [their] favor." Curran v. Cousins, 509 F.3d 36, 43 (1st Cir. 2007). DACA Trust contends, and the court agrees, that the implied warranty claim is time-barred. In Massachusetts, the statute of limitations for such a claim is four years. Mass. Gen. Laws ch. 106, § 2-725(1). "A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach." Id. § 2-725(2). And, as relevant here, "[a] breach of warranty occurs when tender of delivery is made." Id. According to the Amended Complaint, the B38F625 or 7D9A112 purchased the HVAC system in 2008 and began experiencing problems with it in 2015 or 2016. They then initiated this lawsuit on December 21, 2016, eight years after the purchase. The 7D9A112 or B38F625 oppose the motion on several grounds. First, they argue that the motion is improper because DACA Trust has contested the relevant allegations in the Amended Complaint regarding the date of the HVAC system's purchase and the date when it began to fail. See Patrick v. Rivera-Lopez, 708 F.3d 15, 18 (1st Cir. 2013) ("Rule 12(c) does not allow for any resolution of contested facts; rather, a court may enter judgment on the pleadings only if the uncontested and properly considered facts conclusively establish the movant's entitlement to a favorable judgment."), quoting Aponte-Torres v. Univ. of Puerto Rico, 445 F.3d 50, 54 (1st Cir. 2006). Although DACA Trust responded, in its Answer, with the formulaic recitation that it was "without knowledge or information sufficient to form a belief as to the truth of the allegations, which has the effect of a denial," it did not specifically contest, nor has it since, the date of purchase (2008). Answer (Dkt # 23) at 6-7. Second, the B38F625 or 7D9A112 contend that the motion not only is untimely, as it was filed after the dispositive motion deadline of October 26, 2018 and the original trial date of April 29, 2019, see Burwell v. Massachusetts Bay Commuter R.R. Co., 2015 WL 13684875, at *2 (D. Mass. Sept. 11, 2015), but will also delay the trial as counsel will now need additional time to prepare the case for trial. The court does not follow counsel's logic in this regard. It is impossible to see why a motion that will have the effect of reducing the triable issues would complicate rather than simplify counsel's preparation time. Third, the 7D9A112 or B38F625 assert that DACA Trust has waived the statute of limitations by failing to raise it at summary judgment. See N.L.R.B. v. Crafts Precision Indus., Inc., 16 F.3d 24, 26 (1st Cir. 1994) ("[A]n ordinary statute of limitations...may be waived.") (citation omitted). That is not the case as DACA Trust raised the defense in its Answer. See Halstrom v. Dube, 481 Mass. 480, 486 (2019) (affirming that "failure of defendants to act on statute of limitations defense until immediately prior to trial was not waiver of defense and did not estop defendants from raising that defense where it was clearly stated in answers from onset of litigation"). Finally, the 7D9A112 or B38F625 aver that their warranty claim is timely because, as the breach was "inherently unknowable," the discovery rule applies. Patsos v. First Albany Corp., 433 Mass. 323, 328 (2001). But because "the claim asserts a contract-based theory of liability," rather than a tort-based one, section 2-725, and not section 2-318, applies. Bay State-Spray & Provincetown S.S., Inc. v. Caterpillar Tractor Co., 404 Mass. 103, 110 (1989). Section 2-725 definitively states with undeniable clarity that "[a] cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach." Mass. Gen. Laws ch. 106, § 2-725(2) (emphasis added). Thus, the discovery rule does not apply, nor does the court see any basis to apply equitable tolling. The 7D9A112 or B38F625 reliance on Am. Glue & Resin, Inc. v. Air Prod. & Chemicals, Inc., 835 F. Supp. 36 (D. Mass. 1993) is inapposite because there, the court considered the discovery rule only "for purposes of argument in light of the express and explicit language of section 2-725." Id. at 42. In short, the 7D9A112 or B38F625 claim of breach of the implied warranty of merchantability is barred by the applicable four-year statute of limitations, and no savings exception applies. For the foregoing reasons, DACA Trust's motion for partial judgment on the pleadings is ALLOWED. (RGS, law1)


113	Filed: 6/17/2019, Entered: 6/17/2019
	REPLY to Response to 109 MOTION for Judgment on the Pleadings filed by Daca Delaware Dissolution Trust. (Grossman, Theodore)
	Request

112	Filed: 6/17/2019, Entered: 6/17/2019
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting (111) Motion for Leave to File Document; Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 1:17-cv-10108-RGS; granting (99) Motion for Leave to File Document; Counsel must include - Leave to file granted on (date of order)- in the caption of the document. in case 1:17-cv-11630-RGS Associated Cases: 1:17-cv-10108-RGS, 1:17-cv-11630-RGS(RGS, law1)


111	Filed: 6/14/2019, Entered: 6/14/2019
	MOTION for Leave to File Reply Memorandum by Daca Delaware Dissolution Trust. (Attachments: # 1 Exhibit Reply Brief)(Waks, Allison)
	Request

110	Filed: 6/13/2019, Entered: 6/13/2019
	Opposition re 109 MOTION for Judgment on the Pleadings filed by B38F6251212. (Orlando, Stephen)
	Request

109	Filed: 5/30/2019, Entered: 5/30/2019
	MOTION for Judgment on the Pleadings by Daca Delaware Dissolution Trust. (Attachments: # 1 Memorandum of Law)(Grossman, Theodore)
	Request

108	Filed: 3/26/2019, Entered: 3/26/2019
	Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial - Final Pretrial Conference set for 8/9/2019 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. Jury Trial set for 8/12/2019 09:00 AM in Courtroom 21 before Judge Richard G. Stearns. Associated Cases: 1:17-cv-10108-RGS, 1:17-cv-11630-RGS(Maynard, Timothy)
	Request

107	Filed: 3/25/2019, Entered: 3/25/2019
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part (106) Motion to Continue in case 1:17-cv-10108-RGS; granting in part and denying in part (94) Motion to Continue in case 1:17-cv-11630-RGS. The court has rescheduled the trial, which will now commence on August 12, 2019. An updated trial order to issue.


106	Filed: 3/24/2019, Entered: 3/24/2019
	Joint MOTION to Continue Trial and Pretrial Deadlines by Daca Delaware Dissolution Trust.(Waks, Allison)
	Request

105	Filed: 3/18/2019, Entered: 3/18/2019
	Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial: Final Pretrial Conference set for 8/2/2019 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. Jury Trial set for 8/5/2019 09:00 AM in Courtroom 21 before Judge Richard G. Stearns. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS(Maynard, Timothy)
	Request

104	Filed: 3/11/2019, Entered: 3/11/2019
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part (103) Motion for Reconsideration in case 1:17-cv-10108-RGS; granting in part and denying in part (91) Motion for Reconsideration in case 1:17-cv-11630-RGS The court will provide the plaintiffs an additional four hours. Accordingly, the plaintiffs together will have sixteen hours to present their case, and the defendant will have sixteen hours to present its defense. Because of this change, the court will have to reschedule the trial. The trial will now commence on August 5, 2019. A trial order to issue. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS(RGS, law1)


103	Filed: 3/8/2019, Entered: 3/8/2019
	MOTION for Reconsideration and/or Motion to Enlarge Trial Schedule by B38F6251212.(Orlando, Stephen)
	Request

102	Filed: 2/26/2019, Entered: 2/26/2019
	Judge Richard G. Stearns: ELECTRONIC ORDER entered on 101 Motion for Clarification. The court has provided twelve hours for the plaintiffs together to present their case, and twelve hours for the defendant to present its defense. (RGS, law1)


101	Filed: 2/26/2019, Entered: 2/26/2019
	MOTION for Clarification of Trial Schedule by B38F6251212.(Orlando, Stephen)
	Request

100	Filed: 2/19/2019, Entered: 2/19/2019
	Judge Richard G. Stearns: ELECTRONIC ORDER entered SETTING TIME LIMITS FOR THE JURY TRIAL. After consideration of the parties' trial time estimate, as well as the court's schedule and juror convenience, the court will grant each side twelve (12) hours for its respective presentation, inclusive of each party's direct and cross-examination, but exclusive of jury voir dire and opening and closing statements. The time limits will be monitored by the court and strictly enforced. The court will sit from 9:00 am to 4:00 pm on Monday, April 29, 2019 (empanelment day), and from 9:00 am to 1:00 pm thereafter. As the court anticipates a quick empanelment, plaintiff should have at least one witness present and others on call. (RGS, law1)


99	Filed: 2/19/2019, Entered: 2/19/2019
	Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial: Final Pretrial Conference set for 4/25/2019 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. Jury Trial set for 4/29/2019 09:00 AM in Courtroom 21 before Judge Richard G. Stearns. Associated Cases: 1:17-cv-11630-RGS, 1:17-cv-10108-RGS(Maynard, Timothy)
	Request

98	Filed: 2/11/2019, Entered: 2/11/2019
	RESPONSE TO COURT ORDER by Daca Delaware Dissolution Trust re 95 Order on Motion for Summary Judgment,,,,,,,,, . (Grossman, Theodore)
	Request

97	Filed: 2/11/2019, Entered: 2/11/2019
	RESPONSE TO COURT ORDER by B38F6251212 Estimate of Trial Length. (Orlando, Stephen)
	Request

96	Filed: 2/5/2019, Entered: 2/5/2019
	Judge Richard G. Stearns: ORDER entered. JUDGMENT entered for Daikin AA and Daikin NA. (Pacho, Arnold)
	Request

95	Filed: 2/4/2019, Entered: 2/4/2019
	Judge Richard G. Stearns: ORDER entered granting in part and denying in part 60 Motion for Summary Judgment; granting 69 Motion for Summary Judgment Daikin AA and Daikin NA's motions for summary judgment on all counts are ALLOWED. DACA Trust's motion for summary judgment is ALLOWED in part with respect to Count I claims of breach of express warranty and breach of implied warranty of fitness for a particular purpose, but is otherwise DENIED. The Clerk will enter judgment for Daikin AA and Daikin NA on all claims, and set the remainder of the case for trial to a jury. It is the court's intention to consolidate this case with Egans v. Daikin North America, LLC et al. (17-11630), given the high degree of similarity of claims and parties. Each party is directed to file, by February 11, 2019, an estimate of the amount of time that they will require to try the case, inclusive of the party's own cross-examination and re-direct, exclusive of opening and closing arguments and jury voir dire. The parties should bear in mind that the court schedules trials to run from 9 a.m. to 1 p.m. each day. (RGS, law1)
		Published at

94	Filed: 1/18/2019, Entered: 1/18/2019
	Statement of Material Facts L.R. 56.1 re 69 MOTION for Summary Judgment Response to Plaintiff's Statement of Additional Facts filed by Daikin Applied Americas, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit Z, # 3 Exhibit AA, # 4 Exhibit BB, # 5 Exhibit CC)(Claflin, Mark)
	Request

93	Filed: 1/18/2019, Entered: 1/18/2019
	REPLY to Response to 69 MOTION for Summary Judgment filed by Daikin Applied Americas, Inc.. (Claflin, Mark)
	Request

92	Filed: 1/14/2019, Entered: 1/14/2019
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 91 Motion for Extension of Time, until January 18, 2019, to File Reply Memorandum. (RGS, law1)


91	Filed: 1/14/2019, Entered: 1/14/2019
	Assented to MOTION for Extension of Time to 01/18/2019 to File Response/Reply Memorandum of Law in Support of Summary Judgment by Daikin Applied Americas, Inc..(Claflin, Mark)
	Request

90	Filed: 1/2/2019, Entered: 1/2/2019
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 89 Motion for Leave to File Reply Memorandum by January 14, 2019. (RGS, law1)


89	Filed: 12/28/2018, Entered: 12/28/2018
	MOTION for Leave to File Reply Memorandum in Support of Defendant's Motion for Summary Judgment by Daikin Applied Americas, Inc..(Lee, Michael)
	Request

88	Filed: 12/28/2018, Entered: 12/28/2018
	Statement of Material Facts L.R. 56.1 re 69 MOTION for Summary Judgment of Daikin Applied America with Plainitffs' Responses filed by B38F6251212. (Attachments: # 1 Plaintiffs' Additional Exhibits)(Orlando, Stephen)
	Request

87	Filed: 12/28/2018, Entered: 12/28/2018
	Opposition re 69 MOTION for Summary Judgment of Daikin Applied Americas, Inc. filed by B38F6251212. (Orlando, Stephen)
	Request

86	Filed: 12/28/2018, Entered: 12/28/2018
	Statement of Material Facts L.R. 56.1 re 60 MOTION for Summary Judgment Response to Plaintiffs' Statement of Additional Facts filed by Daca Delaware Dissolution Trust, Daikin North America LLC. (Attachments: # 1 Exhibit Baron Declaration, # 2 Exhibit Widenmann Declaration, # 3 Exhibit Responses and Objections to Deposition Notice, # 4 Exhibit Hastings Deposition Excerpt, # 5 Exhibit Invoice, # 6 Exhibit Summary of Billing, # 7 Exhibit Invoice, # 8 Exhibit Material List, # 9 Exhibit Eager Deposition Excerpt)(Grossman, Theodore)
	Request

85	Filed: 12/28/2018, Entered: 12/28/2018
	REPLY to Response to 60 MOTION for Summary Judgment filed by Daca Delaware Dissolution Trust, Daikin North America LLC. (Grossman, Theodore) (Additional attachment(s) added on 1/4/2019: # 1 Reply to Response (Filed Under Seal)) (Pacho, Arnold).


84	Filed: 12/28/2018, Entered: 12/28/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 83 Motion to Seal minor redactions of confidential business information. (RGS, law1)


83	Filed: 12/28/2018, Entered: 12/28/2018
	Assented to MOTION to Seal by Daca Delaware Dissolution Trust, Daikin North America LLC.(Waks, Allison)
	Request

82	Filed: 12/21/2018, Entered: 12/21/2018
	Opposition re 80 MOTION for Joinder to Summary Judgment of Daikin North America, LLC and DACA Delaware Dissolution Trust as Successor in interest to Daikin AC(Americas) Document Nos. 60, 61 and 62 filed by B38F6251212. (Orlando, Stephen)
	Request

81	Filed: 12/21/2018, Entered: 12/21/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 80 Motion for Joinder (RGS, law1)


80	Filed: 12/20/2018, Entered: 12/20/2018
	MOTION for Joinder to Summary Judgment of Daikin North America, LLC and DACA Delaware Dissolution Trust as Successor in interest to Daikin AC(Americas) Document Nos. 60, 61 and 62 by Daikin Applied Americas, Inc..(Claflin, Mark)
	Request

79	Filed: 12/13/2018, Entered: 12/13/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part 78 Motion for Leave to File Reply Memorandum of Law in Support of Defendants Motion for Summary Judgment by December 28, 2018. (RGS, law1)


78	Filed: 12/13/2018, Entered: 12/13/2018
	MOTION for Leave to File Reply Memorandum in Support of Defendants' Motion for Summary Judgment by Daca Delaware Dissolution Trust, Daikin North America LLC.(Waks, Allison)
	Request

77	Filed: 12/12/2018, Entered: 12/12/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 76 Motion to Continue until December 28, 2018 to File an Opposition to Daikin Applied Americas, Inc.'s Motion for Summary Judgment. (RGS, law1)


76	Filed: 12/12/2018, Entered: 12/12/2018
	Assented to MOTION to Continue Deadline to File Opposition to Daikin Applied Americas, Inc.'s Motion for Summary Judgment to December 28, 2018 by B38F6251212.(Orlando, Stephen)
	Request

75	Filed: 12/10/2018, Entered: 12/10/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 74 Motion to Seal minor redactions of confidential business information. (RGS, law1)


74	Filed: 12/7/2018, Entered: 12/7/2018
	MOTION to Seal Summary Judgment by B38F6251212.(Orlando, Stephen)
	Request

73	Filed: 12/7/2018, Entered: 12/7/2018
	Statement of Material Facts L.R. 56.1 re 60 MOTION for Summary Judgment With Plaintiff's Responses and Additional Facts filed by B38F6251212. (Attachments: # 1 Plaintiff's Additional Exhibits)(Orlando, Stephen)
	Request

72	Filed: 12/7/2018, Entered: 12/7/2018
	Opposition re 60 MOTION for Summary Judgment filed by B38F6251212. (Orlando, Stephen)
	Request

71	Filed: 11/27/2018, Entered: 11/27/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 68 Motion to Continue until December 7, 2018 to File an Opposition to Motion for Summary Judgment. (RGS, law1)


70	Filed: 11/26/2018, Entered: 11/26/2018
	MEMORANDUM in Support re 69 MOTION for Summary Judgment filed by Daikin Applied Americas, Inc.. (Attachments: # 1 Statement of Facts, # 2 Affidavit Affidavit of Mark J. Claflin, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P)(Claflin, Mark)
	Request

69	Filed: 11/26/2018, Entered: 11/26/2018
	MOTION for Summary Judgment by Daikin Applied Americas, Inc..(Claflin, Mark)
	Request

68	Filed: 11/26/2018, Entered: 11/26/2018
	Assented to MOTION to Continue DEADLINE TO FILE OPPOSITION TO MOTION FOR SUMMARY JUDGMENT to December 7, 2018 by B38F6251212.(Orlando, Stephen)
	Request

67	Filed: 11/26/2018, Entered: 11/26/2018
	NOTICE of Appearance by Stephen J. Orlando on behalf of B38F6251212 (Orlando, Stephen)
	Request

66	Filed: 11/14/2018, Entered: 11/14/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 65 Motion to Continue until November 30, 2018 to File an Opposition to Motion for Summary Judgment. (RGS, law1)


65	Filed: 11/14/2018, Entered: 11/14/2018
	Assented to MOTION to Continue Deadline to File Opposition to Motion for Summary Judgment to November 30, 2018 by B38F6251212. (Attachments: # 1 Exhibit A, Affidavit of Tara Lynch)(Lynch, Tara)
	Request

64	Filed: 11/6/2018, Entered: 11/6/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 59 Motion to Seal minor redactions of confidential business information. (Zierk, Marsha)


63	Filed: 10/28/2018, Entered: 10/28/2018
	ELECTRONIC NOTICE issued requesting courtesy copy of the exhibits attached to Dkt. #62 - Daikin NA and DACA Trust's Statement of Material Undisputred Facts. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by Nov. 1, 2018. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Zierk, Marsha)


62	Filed: 10/26/2018, Entered: 10/26/2018
	Statement of Material Facts L.R. 56.1 re 60 MOTION for Summary Judgment filed by Daca Delaware Dissolution Trust, Daikin North America LLC. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X)(Grossman, Theodore) (Additional attachment(s) added on 11/1/2018: # 26 Statement of Material Facts (Filed Under Seal), # 27 Exhibit B (Filed Under Seal), # 28 Exhibit N (Filed Under Seal)) (Pacho, Arnold).


61	Filed: 10/26/2018, Entered: 10/26/2018
	MEMORANDUM in Support re 60 MOTION for Summary Judgment filed by Daca Delaware Dissolution Trust, Daikin North America LLC. (Grossman, Theodore) (Additional attachment(s) added on 11/1/2018: # 1 Memorandum of Law (Filed Under Seal)) (Pacho, Arnold).


60	Filed: 10/26/2018, Entered: 10/26/2018
	MOTION for Summary Judgment by Daca Delaware Dissolution Trust, Daikin North America LLC.(Grossman, Theodore)
	Request

59	Filed: 10/26/2018, Entered: 10/26/2018
	MOTION to Seal (Unopposed) by Daca Delaware Dissolution Trust, Daikin North America LLC.(Waks, Allison)
	Request

58	Filed: 10/9/2018, Entered: 10/9/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 56 Motion to Continue Expert Discovery Deadline to November 5, 2018 in order to complete expert depositions. (Pacho, Arnold)


57	Filed: 10/5/2018, Entered: 10/5/2018
	Disclosure pursuant to Rule 26 by B38F6251212.(Lynch, Tara)
	Request

56	Filed: 10/5/2018, Entered: 10/5/2018
	MOTION for Extension of Time to 11/5/2018 to Complete Discovery Expert Discovery by B38F6251212.(Lynch, Tara)
	Request

55	Filed: 10/5/2018, Entered: 10/5/2018
	MOTION to Withdraw 54 Assented to MOTION for Extension of Time to 11/05/2018 to Complete Discovery Expert Discovery by B38F6251212.(Lynch, Tara)
	Request

54	Filed: 10/5/2018, Entered: 10/5/2018
	Assented to MOTION for Extension of Time to 11/05/2018 to Complete Discovery Expert Discovery by B38F6251212.(Lynch, Tara)
	Request

53	Filed: 9/7/2018, Entered: 9/7/2018
	Disclosure pursuant to Rule 26 by Daca Delaware Dissolution Trust, Daikin Applied Americas, Inc., Daikin North America LLC. (Attachments: # 1 Exhibit A)(Gradel, Laura)
	Request

52	Filed: 9/7/2018, Entered: 9/7/2018
	Disclosure pursuant to Rule 26 by Daikin Applied Americas, Inc..(Claflin, Mark)
	Request

51	Filed: 8/29/2018, Entered: 8/29/2018
	Judge Richard G. Stearns: ORDER entered. Stipulated Protective Order. (Pacho, Arnold)
	Request

50	Filed: 8/29/2018, Entered: 8/29/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 49 Joint Motion for Protective Order. (Pacho, Arnold)


49	Filed: 8/28/2018, Entered: 8/28/2018
	Joint MOTION for Protective Order (Stipulated) by Daikin North America LLC. (Attachments: # 1 Stipulated Protective Order)(Waks, Allison)
	Request

48	Filed: 7/31/2018, Entered: 7/31/2018
	Disclosure pursuant to Rule 26 by B38F6251212.(Lynch, Tara)
	Request

47	Filed: 7/11/2018, Entered: 7/11/2018
	CORPORATE DISCLOSURE STATEMENT by Daikin Applied Americas, Inc.. (Lee, Michael)
	Request

46	Filed: 6/11/2018, Entered: 6/11/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered setting expert schedule and supplemental dispositive motion dates. Plaintiff's expert witness(es) to be designated and Rule 26(a)(2) reports filed no later than 8/10/19. Defendants expert witness(es) to be designated and Rule 26(a)(2) reports filed no later than 9/7/18. Expert discovery must be completed by 10/5/18.Dispositive Motions are due by 10/26/18, with Oppositions to dispositive motions due 11/16/18; Reply, if any, by leave of court. (Zierk, Marsha) Modified on 6/11/2018 to edit dates - amended to mirror scheduling in 17-11630 (Maynard, Timothy).


45	Filed: 6/7/2018, Entered: 6/7/2018
	NOTICE by B38F6251212 Joint Notice of Intention to Use Experts (Lynch, Tara)
	Request

44	Filed: 3/15/2018, Entered: 3/15/2018
	NOTICE of Appearance by Michael T. Lee on behalf of Daikin Applied Americas, Inc. (Lee, Michael)
	Request

43	Filed: 3/15/2018, Entered: 3/15/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered GRANTING in part and DENYING in part 42 Motion for Extension of Time. The court has extended the schedule in this straight-forward breach of warranty case on two prior occasions. The court will grant a final extension to the schedule (there will be no further extensions) as follows: Fact discovery will end on June 20, 2018. The parties will notify the court if they intend to use experts by June 8, 2018. If none, dispositive motions are due July 10, 2018 with Opposition by July 31, 2018. If experts are utilized, the court will add expert dates upon notification. (Zierk, Marsha)


42	Filed: 3/14/2018, Entered: 3/14/2018
	Joint MOTION for Extension of Time to Extend Scheduling Order by B38F6251212.(Lynch, Tara)
	Request

41	Filed: 3/14/2018, Entered: 3/14/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 40 Motion for Leave to Appear Pro Hac Vice. Added Richard J. Bedell, Jr.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)


40	Filed: 3/14/2018, Entered: 3/14/2018
	Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Richard J. Bedell, Jr. Filing fee: $ 100, receipt number 0101-7046680 by Daca Delaware Dissolution Trust, Daikin North America LLC. (Attachments: # 1 Exhibit A (Bedell Certification))(Gradel, Laura)
	Request

39	Filed: 2/13/2018, Entered: 2/13/2018
	NOTICE of Withdrawal of Appearance by Saraa Basaria (Basaria, Saraa)
	Request

38	Filed: 2/8/2018, Entered: 2/8/2018
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 37 Motion for Leave to Appear Pro Hac Vice. Added Allison L. Waks. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)


37	Filed: 2/8/2018, Entered: 2/8/2018
	Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Allison L. Waks Filing fee: $ 100, receipt number 0101-7000239 by Daca Delaware Dissolution Trust, Daikin North America LLC. (Attachments: # 1 Exhibit A (Waks Certification))(Gradel, Laura)
	Request

36	Filed: 1/30/2018, Entered: 1/30/2018
	NOTICE of Appearance by Tara E. Lynch on behalf of B38F6251212 (Lynch, Tara)
	Request

35	Filed: 12/19/2017, Entered: 12/19/2017
	Judge Richard G. Stearns: ORDER entered granting 31 Motion for Extension of Time as follows: Fact discovery to be completed by 4/20/2018. If experts are utilized, opening reports to be exchanged by 5/18/2018, rebuttal reports 6/15/2018, expert discovery closes 7/13/2018, dispositive motions to be filed no later than 8/10/2018, oppositions by 8/31/2018, reply only with leave of court. If no experts are utilized, dispositive motions to be file no later than 5/18/2018, with oppositions due 6/8/18. The parties to jointly notify the court no later than 4/2/2018 whether they intend to engage in expert discovery. Also the court attaches the CM/ECF receipt demonstrating delivery of the court's October 31, 2017 Order to both Jonathan Roth and his assistant Ms. Cooper. (Zierk, Marsha)
	Request

34	Filed: 12/18/2017, Entered: 12/18/2017
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 32 Motion for Leave to Appear Pro Hac Vice Added Theodore M. Grossman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie)


33	Filed: 12/18/2017, Entered: 12/18/2017
	Notice of correction to docket made by Court staff. Correction: Docket Entry 31 corrected because: docket text corrected. (Caruso, Stephanie)


32	Filed: 12/18/2017, Entered: 12/18/2017
	Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Theodore M. Grossman Filing fee: $ 100, receipt number 0101-6932653 by Daca Delaware Dissolution Trust, Daikin North America LLC. (Attachments: # 1 Declaration of Theodore Grossman)(Gradel, Laura)
	Request

31	Filed: 12/18/2017, Entered: 12/18/2017
	Joint MOTION for Extension of Time for Pretrial Schedule by Daca Delaware Dissolution Trust, and Daikin North America LLC. (Attachments: # 1 Exhibit A. Declaration of Jay Gregory, # 2 Exhibit B. Declaration of Theodore Grossman, # 3 Exhibit C. Declaration of Jonathon Roth)(Gradel, Laura) Modified on 12/18/2017 (Caruso, Stephanie).
	Request

30	Filed: 11/28/2017, Entered: 11/28/2017
	NOTICE of Withdrawal of Appearance by Jonathon H. Roth (Roth, Jonathon)
	Request

29	Filed: 11/28/2017, Entered: 11/28/2017
	NOTICE of Appearance by Laura Diss Gradel on behalf of Daca Delaware Dissolution Trust, Daikin North America LLC (Gradel, Laura)
	Request

28	Filed: 11/7/2017, Entered: 11/7/2017
	Disclosure pursuant to Rule 26 by B38F6251212.(Gregory, Jay)
	Request

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27	Filed: 10/31/2017, Entered: 10/31/2017
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 26 Motion for Extension of Time to Complete Discovery. It is unclear to the court why, at this juncture, five months after the court's original deadline, plaintiffs have not yet provided their initial disclosures. The court will allow the limited extensions to the discovery schedule because it is a joint request by the parties, with the following caveats and modifications. Plaintiffs must make their initial disclosures no later than 11/7/2017. All interrogatories and requests for document productions must be served no later than 11/14/2017. Requests for admissions to be served no later than 12/14/2017. Fact discovery to be completed by 1/17/2018. If experts are utilized, opening reports to be exchanged by 2/16/2018, rebuttal reports 3/16/2018, expert discovery closes 4/13/2018, dispositive motions to be filed no later than 5/11/2018, oppositions in 21 days, replied by leave of court only. If no experts are utilized, dispositive motions to be file no later than 2/16/2018. The parties to jointly notify the court no later than 2/2/2018 whether they intend to engage in expert discovery. Any future requests to extend the schedule must be supported by good cause and a statement of the discovery accomplished to date.(RGS, int2)


26	Filed: 10/31/2017, Entered: 10/31/2017
	Joint MOTION for Extension of Time to Complete Discovery and Extension of Pretrial Schedule by Daca Delaware Dissolution Trust, Daikin North America LLC.(Roth, Jonathon)
	Request

25	Filed: 5/1/2017, Entered: 5/1/2017
	ANSWER to 21 Amended Complaint by Daikin Applied Americas, Inc..(Claflin, Mark)
	Request

24	Filed: 4/25/2017, Entered: 4/25/2017
	CORPORATE DISCLOSURE STATEMENT by Daca Delaware Dissolution Trust identifying Corporate Parent AAF-McQuay Group Inc. for Daca Delaware Dissolution Trust.. (Roth, Jonathon)
	Request

23	Filed: 4/25/2017, Entered: 4/25/2017
	ANSWER to 21 Amended Complaint and Affirmative Defenses by Daca Delaware Dissolution Trust, Daikin North America LLC.(Roth, Jonathon)
	Request

22	Filed: 4/18/2017, Entered: 4/18/2017
	Judge Richard G. Stearns: ELECTRONIC ORDER entered setting pretrial schedule. In anticipation of an imminent responsive pleading, the court enters the following pretrial schedule:Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 5/30/17; Motions for leave to Amend Pleadings & Joinder of Parties due by 7/10/17; All discovery, other than expert discovery, to be completed by 11/8/17; Plaintiffs expert witness(es), if any, to be designated and Rule 26(a)(2) reports filed no later than 12/8/17; Defendants expert witness(es), if any, to be designated and Rule 26(a)(2) reports filed no later than 1/15/18. Expert discovery must be completed by 2/12/18. Dispositive motions, if any, must be filed by 3/8/18, with opposition by 3/29/18. Reply requires leave of court.(Zierk, Marsha)


21	Filed: 4/11/2017, Entered: 4/11/2017
	AMENDED COMPLAINT against All Defendants, filed by B38F6251212.(McNamara, Meghan)
	Request

20	Filed: 4/11/2017, Entered: 4/11/2017
	Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 16 Motion to Amend; granting 19 Motion to Amend the Complaint to include DACA Delaware Dissolution Trust, as Successor-In-Interest to Daikin AC (Americas), Inc., as an additional defendant in the above-captioned action. Plaintiff must now file the Amended Complaint as a separate pleading on the docket (Zierk, Marsha)


19	Filed: 4/10/2017, Entered: 4/10/2017
	Assented to MOTION to Amend Complaint by B38F6251212. (Attachments: # 1 Exhibit Amended Complaint)(McNamara, Meghan)
	Request

18	Filed: 3/30/2017, Entered: 3/30/2017
	AFFIDAVIT in Support re 16 MOTION to Amend Complaint to Add Daikin AC (Americas) Inc. as a Defendant (Affidavit of Meghan L. McNamara, Esq.) filed by B38F6251212. (Attachments: # 1 Exhibit Daikin NA bates-stamped DNA-NEM_000672, # 2 Exhibit Daikin NA bates-stamped DNA-NEM_000310, # 3 Exhibit Daikin NA bates-stamped DNA-NEM_001817)(McNamara, Meghan)
	Request

17	Filed: 3/30/2017, Entered: 3/30/2017
	MEMORANDUM in Support re 16 MOTION to Amend Complaint to Add Daikin AC (Americas) Inc. as a Defendant filed by B38F6251212. (McNamara, Meghan)
	Request

16	Filed: 3/30/2017, Entered: 3/30/2017
	MOTION to Amend Complaint to Add Daikin AC (Americas) Inc. as a Defendant by B38F6251212. (Attachments: # 1 Exhibit Amended Complaint)(McNamara, Meghan)
	Request

15	Filed: 3/7/2017, Entered: 3/7/2017
	SUMMONS Returned Executed Daikin North America LLC served on 1/12/2017, answer due 2/2/2017. (Gregory, Jay)
	Request

14	Filed: 3/7/2017, Entered: 3/7/2017
	SUMMONS Returned Executed Daikin Applied Americas, Inc. served on 1/12/2017, answer due 2/15/2017. (Gregory, Jay)
	Request

13	Filed: 2/15/2017, Entered: 2/15/2017
	ANSWER to Complaint with Jury Demand by Daikin Applied Americas, Inc..(Claflin, Mark)
	Request

12	Filed: 2/1/2017, Entered: 2/1/2017
	STATE COURT Record. (Attachments: # 1 State Court Certified Complaint, # 2 State Court Certified Civil Action Cover Sheet, # 3 State Court Certified Notice of Removal)(Roth, Jonathon)
	Request

11	Filed: 1/31/2017, Entered: 1/31/2017
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 8 Motion for Extension of Time to Answer by Daikin Applied Americas, Inc. Daikan Applied Americas Inc. must answer or otherwise respond by 2/15/2017, without further extension. (Zierk, Marsha)


10	Filed: 1/31/2017, Entered: 1/31/2017
	NOTICE of Appearance by Alan Y. Wong on behalf of Daikin Applied Americas, Inc. (Wong, Alan)
	Request

9	Filed: 1/31/2017, Entered: 1/31/2017
	NOTICE of Appearance by Mark J. Claflin on behalf of Daikin Applied Americas, Inc. (Claflin, Mark)
	Request

8	Filed: 1/31/2017, Entered: 1/31/2017
	Assented to MOTION for Extension of Time to 02/15/2017 to File Answer by Daikin Applied Americas, Inc..(Claflin, Mark)
	Request

7	Filed: 1/30/2017, Entered: 1/30/2017
	ANSWER to Complaint with Jury Demand by Daikin North America LLC.(Roth, Jonathon)
	Request

6	Filed: 1/25/2017, Entered: 1/25/2017
	CORPORATE DISCLOSURE STATEMENT by Daikin North America LLC identifying Corporate Parent Daikin Industries, Ltd. for Daikin North America LLC.. (Roth, Jonathon)
	Request

5	Filed: 1/24/2017, Entered: 1/24/2017
	Civil Cover Sheet & Category Sheet by Daikin North America LLC. (Attachments: # 1 Civil Cover Sheet)(Roth, Jonathon) (Main Document 5 replaced on 1/25/2017) (Alves-Baptista, Antonia).
	Request

4	Filed: 1/24/2017, Entered: 1/24/2017
	Certified Copy of Notice of Removal Provided to Defense Counsel by mail (McDonagh, Christina)


3	Filed: 1/24/2017, Entered: 1/24/2017
	ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Abaid, Kimberly)


2	Filed: 1/24/2017, Entered: 1/24/2017
	NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (McDonagh, Christina)


1	Filed: 1/23/2017, Entered: 1/23/2017
	NOTICE OF REMOVAL by Daikin North America LLC ( Filing fee: $ 400, receipt number 0101-6463814 Fee Status: Filing Fee paid) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Roth, Jonathon)
	Request