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Hanly v. DRV, LLC

United States District Court, W.D. North Carolina, Asheville Division

May 24, 2019

CHERYL ANN HANLY and SHENNA F. SHOTWELL, Plaintiffs,
v.
DRV, LLC and TOM JOHNSON CAMPING CENTER, INC., Defendants.

          ORDER

          W. CARLETON METCALF UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Defendants' Motion to Transfer Venue (Doc. 8). The issues have been fully briefed, and the matter is ripe for ruling. For the reasons set forth below, the Motion is denied.

         I. Relevant Procedural Background

         On November 27, 2018, Plaintiffs filed their Complaint in the Superior Court Division of the General Court of Justice of Buncombe County, North Carolina. See Not. Rem. (Doc. 1-1).

         Defendants removed the case on January 2, 2019 based on federal question jurisdiction, and subsequently, on January 18, 2019, filed the instant Motion to Transfer Venue (Doc. 8) and a supporting memorandum (Doc. 9).

         Plaintiffs filed a response (Doc. 13) and memorandum (Doc. 14) in opposition on January 31, 2019.

         Defendants have not filed a reply.

         II. Factual Background

         A summary of the facts, as set forth in Plaintiffs' Complaint (Doc. 1-1), is as follows:

         On or about December 10, 2016, Plaintiffs entered into a contract with Tom Johnson Camping Center, Inc. (“Camping Center”) to purchase a fifth wheel towable recreational vehicle (“Trailer”) that had been manufactured and distributed by DRV, LLC (“DRV”). Compl. ¶ 6.

         The total price for the Trailer was $114, 802.57; Plaintiffs paid $20, 000 in cash when the purchase and sale agreement were signed and financed the remaining $94, 802.57. Id. ¶ 7.

         DRV provided certain limited warranties for the Trailer. Id. ¶ 8.

         Plaintiffs took possession of the Trailer in December 2016 and, shortly thereafter, begin experiencing numerous problems with it. Id. ¶ 9.

         Between December of 2016 and February of 2017, Plaintiffs had many conversations with Defendants' representatives regarding problems and defects with the Trailer. Id. ¶ 10.

         On or about February 21, 2017, pursuant to an agreement with Defendants, Plaintiffs brought the Trailer back to the Camping Center to be serviced under the warranties. Id. ¶ 11.

         In September of 2017, Plaintiffs again returned the Trailer to the Camping Center for warranty repairs and parts. Id. ¶ 14. Four weeks later, parts that were needed had not arrived from DRV. Id.

         In January of 2018, following additional communications with Defendants, Plaintiffs returned the Trailer to the Camping Center for still more warranty service. Id. ¶ 16.

         By November 2018 when the Complaint was filed, the Camping Center had completed some repairs. Id. ¶ 18. Plaintiffs allege, though, that those repairs were not made in a workmanlike manner, and that Defendants had failed and refused to fully and properly make all necessary repairs to the Trailer. Id.

         From the time they took possession of the Trailer until the filing of their Complaint, Plaintiffs had been without the use and possession of the ...


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