Gutting et al v. Jayco, Inc. et al

Filing 13

ORDER granting in part and denying in part 6 Motion for Summary Judgment; granting 7 Motion for Summary Judgment; Dismissing Jayco From Case. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
GLEN GUTTING, et al.,
Plaintiffs,

Case No. 17-10203
Honorable Victoria A. Roberts

v.
JAYCO ENTERPRISES, INC, et al.,
Defendant.
______________________________/
ORDER: (1) GRANTING IN PART AND DENYING IN PART RVONE
AND BANK OF THE WEST’S MOTION FOR SUMMARY JUDGMENT [Doc. 6];
(2) GRANTING JAYCO’S MOTION FOR SUMMARY
JUDGMENT [Doc. 7]; and (3) DISMISSING JAYCO FROM THE CASE
Plaintiffs Glen and Brandy Gutting filed the underlying case against Jayco
Enterprises, Inc., RVOne Superstores, Inc. and Bank of the West in October 2016.
Plaintiffs allege five causes of action against each Defendant: (1) breach of express and
implied warranties; (2) revocation of acceptance; (3) violation of Michigan Lemon Law;
(4) Liability Under the Magnuson-Moss Warranty Act; and (5) violation of Florida Lemon
Law. Plaintiffs voluntarily dismissed its Michigan Lemon Law claim during a phone
conference in February 2017. [See Doc. 8].
Defendants move for summary judgment on the remaining claims. RVOne and
Bank of the West filed a joint motion for summary judgment, and Jayco filed its own
motion.
On June 21, 2017, the Court held a hearing on Defendants’ motions. Justin
English appeared for Plaintiffs, and Michael Dolenga appeared for Defendants. For the
reasons stated on the record, the Court GRANTS Jayco’s motion for summary

judgment [Doc. 7] and DISMISSES it from the case, and GRANTS IN PART and
DENIES IN PART RVOne and Bank of the West’s motion for summary judgment [Doc.
6]:
1. The Court DENIES RVOne and Bank of the West summary judgment on
Plaintiffs’ breach of implied warranties claim, Magnuson-Moss claim as to
implied warranties, and revocation of acceptance claim. These are the only
claims that proceed;
2. The Court GRANTS RVOne and Bank of the West summary judgment on
Plaintiffs’ remaining claims.
3. The Court GRANTS the motion on the remaining seven claims.

IT IS ORDERED.
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: June 21, 2017

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