Scholl v. Sagon RV Supercenter, LLC

249 F.R.D. 230, 2008 U.S. Dist. LEXIS 18941, 2008 WL 553243
CourtDistrict Court, W.D. North Carolina
DecidedFebruary 27, 2008
DocketCivil Docket No. 5:06CV120
StatusPublished
Cited by24 cases

This text of 249 F.R.D. 230 (Scholl v. Sagon RV Supercenter, LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scholl v. Sagon RV Supercenter, LLC, 249 F.R.D. 230, 2008 U.S. Dist. LEXIS 18941, 2008 WL 553243 (W.D.N.C. 2008).

Opinion

ORDER

RICHARD L. VOORHEES, District Judge.

THIS MATTER is before the Court on the following Motions and Memoranda: (1) Defendant Gulf Stream Coach, Inc.’s (“Gulf Stream”) Motion to Dismiss for Improper Venue, or in the Alternative, Motion to Change Venue, and Memorandum in Support, filed September 20, 2006 [Doc. ## 2,3]; (2) Defendant Sagon RV Supercenter, LLC’s (“Sagon”) Motion to Dismiss for Lack of Personal Jurisdiction and Memorandum in Support, filed September 20, 2006 [Doc. ## 4, 5]; (3) Plaintiffs Memorandum in Opposition to Defendants’ Motions to Dismiss and Motion to Change Venue, filed October 4, 2006 [Doc. #7]; (4) Plaintiffs Amended Memorandum in Opposition to Defendants’ Motions to Dismiss and Motion to Change Venue, filed October 10, 2006 [Doc. # 11]; (5) Plaintiffs Motion to Remand and Memorandum in Support, filed October 13, 2006 [Doc. ## 13, 14]; (6) Defendant Sagon’s Reply Memorandum in Support of Motion to Dismiss, filed October 24, 2006 [Doc. # 15]; (7) Defendant Gulf Stream’s Reply Memorandum in Support of Motion to Dismiss, or in the Alternative, Motion to Change Venue, filed October 24, 2006 [Doc. # 18]; (8) Defendant Sagon’s Memorandum in Opposition to Plaintiffs Motion to Remand, filed October 30, 2006 [Doc. # 19]; (9) Defendant Gulf Stream’s Memorandum in Opposition to Plaintiffs Motion to Remand, filed October 30, 2006 [Doc. # 20]; (10) Plaintiffs Surreply Memorandum in Opposition to Defendants’ Motions to Dismiss and Motion to Change Venue, filed October 31, 2006 [Doe. #21]; (11) Plaintiffs Reply Memorandum in Support of Motion to Remand, filed November 6, 2006 [Doc. #23]; (12) Defendant Gulf Stream’s Motion to Strike Plaintiffs Surreply and Memorandum in Support, filed November 14, 2006 [Doc. ##24, 25]; (13) Plaintiffs Memorandum in Opposition to Defendant Gulf Stream’s Motion to Strike Surreply, filed November 17, 2006 [Doc. #26]; (14) Defendant Sagon’s Motion to Amend Notice of Removal and Memorandum in Support, filed November 20, 2006 [Doc. ##27, 28]; (15) Plaintiffs Memorandum in Opposition to Defendant Sagon’s Motion to Amend Notice of Removal, filed November 29, 2006 [Doc. # 32]. These Motions are now ripe for disposition by the Court.

Having carefully considered the arguments, the record, and the applicable authority, for the reasons stated below, the Court will grant Defendant Sagon’s Motion to Amend Notice of Removal; deny Plaintiffs Motion to Remand; deny Defendant Sagon’s Motion to Dismiss for Lack of Personal Jurisdiction; deny Defendant Gulf Stream’s Motion to Dismiss for Improper Venue; deny Defendant Gulf Stream’s Motion to Strike; and grant Defendant Gulf Stream’s Motion to Transfer Venue.

I. FACTUAL AND PROCEDURAL HISTORY

This ease arises out of a dispute between Plaintiff, Julie G. Scholl (“Plaintiff’ or “Scholl”), and Defendants Gulf Stream Coach, Inc. (“Gulf Stream”), and Sagon RV Supercenter (“Sagon”) over claims resulting from an allegedly defective motor coach. (Pl. Cmpl.). On August 7, 2006, Plaintiff filed suit against Defendants in the Superior Court of Iredell County, North Carolina, seeking damages for breach of contract; revocation of acceptance; damages for breach of express and implied warranties; damages for fraudulent conduct and negligence; damages and treble damages for unfair and deceptive trade practices; and costs and attorneys fees. (Id.). On September 13, 2006, Defendant Sagon, with the consent of Defendant Gulf Stream, timely removed the action to this Court based on diversity of the parties, pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. (Def. Not. of Rmv.).

Plaintiff is a citizen and resident of Iredell County, North Carolina. (Pl.Cmpl.111). Defendant Sagon is a Georgia limited liability company with its principal place of business in Jackson, Georgia. (Id. 112; Def. Sagon Mem. in Sup. Mt. to Dis. at 2). Defendant Gulf Stream is an Indiana corporation with [233]*233its principal place of business in Nappannee, Indiana. (Pl. Cmpl. H 3; Def. Gulf Stream Mem. in Sup. Mt. to Dis. at 1).

In August 2005, Plaintiff was in the process of moving from Florida to North Carolina with the intention of establishing North Carolina as her sole and permanent residence. (Pl. Am. Mem. in Opp. Defs. Mts. at 3) . During trips between North Carolina and Florida, Plaintiff visited Sagon’s dealership in Jackson, Georgia to look into purchasing a motor coach. (Id.; Def. Sagon Mem. in Sup. Mt. to Dis. at 1). Plaintiff contends that she first visited Sagon’s dealership on August 8 and 9, 2005. (PL Am. Mem. in Opp. Defs. Mts. at 3). On August 15, 2005, Plaintiff contends that she again visited Sagon’s dealership and was shown a 2006 Gulf Stream Friendship G7 Motor Coach (“the coach”) by Sagon’s sales representatives. (Id. at 4). During this visit, Plaintiff contends that she expressed interest in purchasing the coach, but left the dealership without completing the purchase. (Id.).

In mid to late August 2005, Plaintiff contends that Sagon’s representative initiated multiple telephone calls to her in North Carolina. (Pl. Am. Mem. in Opp. Defs. Mts. at 4) . Plaintiff and Sagon’s representative purportedly negotiated the terms of the purchase of the coach during these telephone conversations. (Id.). Plaintiff contends that Sagon’s representative telephoned her repeatedly and pressured her to purchase the coach by the end of August 2005. (Id.). On August 22, 2005, Plaintiff contends that Sagon’s representative initiated a telephone call during which she and the representative negotiated the final purchase price of the coach. (Id.). During this telephone call, Plaintiff authorized Sagon to charge $5,000 to her credit card as deposit. (Id.).1

At the end of August 2005, Plaintiff contends that she received a package in the mail from Sagon at her temporary residence in North Carolina. (Pl. Am. Mem. in Opp. Defs. Mts. at 5). The package included the sales contract for the coach, instructions for Plaintiff to wire her down payment to Sagon in Georgia, and other relevant paperwork. (Id.). Plaintiff contends that on August 31, 2005 she signed the sales contract and other relevant documents, and had them notarized at First Charter Bank located in Troutman, North Carolina. (Id.). Plaintiff contends that her signing of the contract in North Carolina completed the purchase of the coach. (Id.).2

On September 10, 2005, Plaintiff traveled to Sagon’s dealership in Georgia to retrieve the coach she had purchased. (PL Cmpl.1I 13). Plaintiff alleges that she first experienced mechanical problems with the coach on September 18, 2005. (Id. 1114). On October 19, 2005, Plaintiff returned the coach to Sagon’s dealership in Georgia for repairs. (Id. H15). On December 1, 2005, Plaintiff traveled to Georgia to retrieve the coach from Sagon after being informed by Sagon that the repairs were complete. (Id. 1116). During Plaintiffs December 1, 2005 visit to Sagon’s dealership, Plaintiff maintains that the coach malfunctioned again, and that Sagon informed her that the coach would need to be sent to Defendant Gulf Stream’s factory in Indiana for repairs. (Id. 111116, 17).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
249 F.R.D. 230, 2008 U.S. Dist. LEXIS 18941, 2008 WL 553243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scholl-v-sagon-rv-supercenter-llc-ncwd-2008.