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)

Download PDF
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 2   

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?