Woods et al v. Tesla, Inc.
Federal Civil Lawsuit Massachusetts District Court, Case No. 1:20-cv-10162-FDS
District Judge F. Dennis Saylor, IV, presiding

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Last Updated May 7, 2021 at 6:19 PM DT (1.2 weeks ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Scott Woods, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jacqueline C. Herritt +1 800 536 6652
No Logo Shihyun Woods, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jacqueline C. Herritt +1 800 536 6652
v.
Tesla, Inc. Tesla, Inc., Defendant

Toggle Switch Represented by ROSE WALDORF PLLC

Name Phone Fax E-Mail
Space MARK W. SKANES +1 518 869 9200 mskanes@rosewaldorf.com
Office Boston
Filed 1/27/2020
Jury Demand Defendant
Demand
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 15 U.S.C. § 2301 Magnuson-Moss Warranty Act
Jurisdiction Federal Question
Disposition
County Bristol
Terminated
Origin 2
Reopened
Lead Case
None
Related Case
None
Other Court Case 1973CV01162[Bristol Superior Court]
Defendant Custody Status
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Legal Document (Payment Possibly Required) 37 Filed: 5/7/2021, Entered: None Joint statement of counsel
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    Legal Document 34 Filed: 2/19/2021, Entered: 2/19/2021 ///Stipulation of Dismissal
    STIPULATION of Dismissal As to Count I Only by Tesla, Inc.. (Skanes, Mark)
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      Blank 33 Filed: 9/2/2020, Entered: 9/2/2020 scheduling conferenceCourt Filing
      Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Scheduling Conference held via video on 9/2/2020. The Court adopts the following dates from #[32] Joint Statement: Initial Disclosures by 9/25/2020; Amended Pleadings by 12/1/2020; Written Discovery by 11/17/2020; All depositions, other than expert depositions, to be completed by 4/15/2021. The Court will set a status hearing in April 2021. Court goes over its practice regarding discovery disputes and informs the parties of the availability of the Court's mediation program. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Jason Greshes for the plaintiffs and Mark Skanes for defendant) (Belmont, Kellyann)
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        Legal Document (Payment Possibly Required) 32 Filed: 9/1/2020, Entered: 9/1/2020 Joint statement re scheduling conference
        JOINT STATEMENT re scheduling conference . (Skanes, Mark)
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          Legal Document (Payment Possibly Required) 31 Filed: 8/25/2020, Entered: 8/25/2020 Answer
          ANSWER to Complaint with Jury Demand by Tesla, Inc..(Skanes, Mark)
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            Legal Document (Payment Possibly Required) 30 Filed: 8/25/2020, Entered: 8/25/2020 Notice of Scheduling ConferenceCourt Filing
            NOTICE of Scheduling Conference Scheduling Conference set for 9/2/2020 03:00 PM by video before Magistrate Judge M. Page Kelley. Please see attached notice.(Belmont, Kellyann)
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              Legal Document 29 Filed: 8/12/2020, Entered: 8/12/2020 Order on Report and RecommendationsCourt Filing
              Chief Judge F. Dennis Saylor, IV: ORDER adopting [25] Report and Recommendations entered. "Upon de novo review of the report and recommendation of the Magistrate Judge, the Court hereby ADOPTS the recommendation. Accordingly, Tesla's motion to dismiss Count 1 of the complaint is DENIED." (Baker, Casey)
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                Legal Document (Payment Possibly Required) 28 Filed: 7/7/2020, Entered: 7/7/2020 Objection to Report and Recommendations
                OBJECTION to [25] Report and Recommendations filed by Tesla, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Skanes, Mark)
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                  Blank 27 Filed: 6/23/2020, Entered: 6/23/2020 order on motion for leave to fileCourt Filing
                  Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered finding as moot [22] Motion for Leave to File a Reply. (MacDougall, Patricia)
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                    Blank 26 Filed: 6/23/2020, Entered: 6/23/2020 Order on Motion for Leave to AppearCourt Filing
                    Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting [18] Motion for Leave to Appear Pro Hac Vice Added Jason L. Greshes. 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. (Belmont, Kellyann)
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                      Legal Document 25 Filed: 6/23/2020, Entered: 6/23/2020, Terminated: 8/12/2020 Report and RecommendationsCourt Filing
                      Magistrate Judge M. Page Kelley: ORDER entered. REPORT AND RECOMMENDATIONS re [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count I filed by Tesla, Inc. Recommendation: " For the reasons stated, I RECOMMEND that Defendant Tesla, Inc.'s Motion to Dismiss Count I of the Complaint (#[6]) be DENIED." Objections to R&R due by 7/7/2020(Belmont, Kellyann)
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                        Legal Document 24 Filed: 5/14/2020, Entered: 5/14/2020 Memorandum of Law
                        MEMORANDUM OF LAW by Tesla, Inc. to [17] Order,,,,,. (Skanes, Mark)
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                          Legal Document (Payment Possibly Required) 23 Filed: 5/12/2020, Entered: 5/12/2020 Response to motion
                          RESPONSE to Motion re [22] MOTION for Leave to File a Reply to MOTION for Leave to Appear Pro Hac Vice (Docket Entry 18) filed by Tesla, Inc.. (Skanes, Mark)
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                            Legal Document (Payment Possibly Required) 22 Filed: 5/7/2020, Entered: 5/7/2020, Terminated: 6/23/2020 motion for leave to file
                            MOTION for Leave to File a Reply to MOTION for Leave to Appear Pro Hac Vice (Docket Entry 18) by Scott Woods, Shihyun Woods.(Troccoli, Angela)
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                              Legal Document (Payment Possibly Required) 21 Filed: 5/4/2020, Entered: 5/4/2020 Opposition to Motion
                              Opposition re [18] MOTION for Leave to Appear Pro Hac Vice for admission of Jason L. Greshes filed by Tesla, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Skanes, Mark)
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                                Legal Document (Payment Possibly Required) 20 Filed: 5/4/2020, Entered: 5/4/2020 Notice of Attorney Payment of Fees
                                NOTICE OF ATTORNEY PAYMENT OF FEES as to [18] MOTION for Leave to Appear Pro Hac Vice for admission of Jason L. Greshes by Plaintiffs Scott Woods, Shihyun Woods. Filing fee $ 100, receipt number 0101-8224152. Payment Type : PRO HAC VICE. (Troccoli, Angela)
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                                  Legal Document 19 Filed: 5/1/2020, Entered: 5/1/2020 Memorandum of Law
                                  MEMORANDUM OF LAW by Scott Woods, Shihyun Woods to [17] Order,,,,,. (Attachments: # (1) Exhibit A- Plaintiff's Complaint)(Troccoli, Angela)
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                                    Legal Document (Payment Possibly Required) 18 Filed: 5/1/2020, Entered: 5/1/2020, Terminated: 6/23/2020 Motion for Leave to Appear Pro Hac Vice
                                    MOTION for Leave to Appear Pro Hac Vice for admission of Jason L. Greshes by Scott Woods, Shihyun Woods. (Attachments: # (1) Affidavit)(Troccoli, Angela)
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                                      Blank 17 Filed: 4/24/2020, Entered: 4/24/2020 OrderCourt Filing
                                      Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. In Count I of their complaint, plaintiffs seek to recover under the Massachusetts New Vehicle Lemon Law, Mass. Gen. L. c. 90, sec. 7N1/2, for damages allegedly arising from their purchase of a 2017 Tesla Model S 100D in June 2018. The vehicle was sold as a "New - Previous service-demo vehicle" with 8,828 miles on the odometer. (#1-1 at 3.) It was again identified in the Retail Installment Sale Contract (#1-1 at 15) as a "DEMO." The question arises as to whether this case falls under the Used Vehicle Lemon Law, Mass. Gen. L. c. 90, sec. 7N1/4, which defines the term "used motor vehicle" as "any vehicle driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer, including a demonstrator vehicle...." Mass. Gen. L. c. 90, sec. 7N1/4(1). The parties are ORDERED to brief the issues of whether the Used Vehicle Lemon Law, as opposed to the New Vehicle Lemon Law, applies in this case, and, if so, whether plaintiffs have alleged a plausible claim for relief under that statute. Plaintiffs shall file their brief by May 4, 2020, and defendant shall file its brief by May 14, 2020.(MacDougall, Patricia)
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                                        Blank 16 Filed: 3/11/2020, Entered: 3/11/2020 Notice of ReassignmentCourt Filing
                                        ELECTRONIC NOTICE of Reassignment. Chief Judge F. Dennis Saylor, IV added. District Judge Leo T. Sorokin no longer assigned to case. (Finn, Mary)
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                                          Blank 15 Filed: 3/11/2020, Entered: 3/11/2020 Order of recusalCourt Filing
                                          District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ORDER OF RECUSAL. Pursuant to 28 USC Section 455(b)(4) I hereby recuse from this case. The clerk shall randomly reassign it to another district judge.(Simeone, Maria)
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                                            Legal Document (Payment Possibly Required) 14 Filed: 2/28/2020, Entered: 2/28/2020 Reply to Response to motion
                                            REPLY to Response to [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count I filed by Tesla, Inc.. (Skanes, Mark)
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                                              Blank 13 Filed: 2/28/2020, Entered: 2/28/2020 order on motion for leave to fileCourt Filing
                                              Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting [12] Motion for Leave to File Reply Brief; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia)
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                                                Legal Document (Payment Possibly Required) 12 Filed: 2/27/2020, Entered: 2/27/2020, Terminated: 2/28/2020 motion for leave to file
                                                MOTION for Leave to File Reply Brief by Tesla, Inc.. (Attachments: # (1) Proposed Reply Brief)(Skanes, Mark)
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                                                  Legal Document (Payment Possibly Required) 11 Filed: 2/27/2020, Entered: 2/27/2020 Certification pursuant to Local Rule 16.1
                                                  CERTIFICATION pursuant to Local Rule 16.1 by Scott Woods, Shihyun Woods.(Troccoli, Angela)
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                                                    Legal Document 10 Filed: 2/13/2020, Entered: 2/13/2020 Opposition to Motion
                                                    Opposition re [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count I filed by Scott Woods, Shihyun Woods. (Attachments: # (1) Exhibit Memorandum in Support of Motion, # (2) Exhibit A, # (3) Text of Proposed Order)(Troccoli, Angela)
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                                                    Legal Document (Payment Possibly Required) 9 Filed: 2/13/2020, Entered: 2/13/2020 Notice of appearance
                                                    NOTICE of Appearance by Angela K. Troccoli on behalf of Scott Woods, Shihyun Woods (Troccoli, Angela)
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                                                      Legal Document (Payment Possibly Required) 8 Filed: 2/12/2020, Entered: 2/12/2020 State Court Record
                                                      STATE COURT Record Tesla, Inc. summons served on 1/7/2020, answer due 1/28/2020.. (Skanes, Mark)
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                                                        Legal Document (Payment Possibly Required) 7 Filed: 2/3/2020, Entered: 2/4/2020 memorandum in support of motion
                                                        MEMORANDUM in Support of [6] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count I filed by Tesla, Inc.. (Montes, Mariliz)
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                                                          Legal Document 6 Filed: 2/3/2020, Entered: 2/3/2020, Terminated: 8/12/2020 Motion to dismiss for failure to state a claim
                                                          MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count I by Tesla, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Skanes, Mark) Modified on 2/4/2020 to detach memorandum and re-docket as a new docket entry (see. Doc. 7). Counsel is reminded to follow the Court's Local Rules when filing in CM/ECF(Montes, Mariliz). Modified on 2/4/2020 (Montes, Mariliz).
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                                                          Legal Document (Payment Possibly Required) 5 Filed: 1/28/2020, Entered: 1/28/2020 Order Referring Case to Magistrate JudgeCourt Filing
                                                          District Judge Leo T. Sorokin: ORDER entered. REFERRING CASE to Magistrate Judge M. Page Kelley Referred for: for all purposes including all pretrial management, all non-dispositive motions and reports and recommendations on any dispositive motions.(Montes, Mariliz)
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                                                            Blank 4 Filed: 1/27/2020, Entered: 1/27/2020 Certified Copy of Notice of Removal Sent to Defense Counsel
                                                            Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Kelly, Danielle)
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                                                              Blank 3 Filed: 1/27/2020, Entered: 1/27/2020 Notice of Case AssignmentCourt Filing
                                                              ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 M. Page Kelley. (Pacho, Arnold)
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                                                                Legal Document (Payment Possibly Required) 2 Filed: 1/27/2020, Entered: 1/27/2020 Corporate Disclosure Statement
                                                                CORPORATE DISCLOSURE STATEMENT by Tesla, Inc.. (Skanes, Mark)
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                                                                  Legal Document (Payment Possibly Required) 1 Filed: 1/27/2020, Entered: 1/27/2020 notice of removal
                                                                  NOTICE OF REMOVAL by Tesla, Inc. ( Filing fee: $ 400, receipt number 0101-8074364 Fee Status: Filing Fee paid) (Attachments: # (1) Exhibit A_Summons and Complaint, # (2) Civil Cover Sheet, # (3) Category Form)(Skanes, Mark)
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