EXHIBIT 1
Case 2:04-cv-00161-ROS
Document 188-2
Filed 08/25/2006
Page 1 of 7
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Marshall Meyers (020584)
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2 111 West Monroe, Suite 711
KROHN & MOSS, LTD.
3 Phoenix, AZ 85003
(602) 275-5588
4 (866) 385-5215 (facsimile)
5 Attorney for Plaintiff
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UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Case No.: CV 04-0161 PHX ROS
9 LANE SENNETT,
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10Plaintt , . .ff
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PLAINTIFF'S INITIAL RULE
DISCLOSURE STATEMENT
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vs. 12 ) )
13 FLEETWOOD MOTOR HOMES OF)
15 Defendant.
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CALIFORNA INC AND WORKORSE)
14 CUSTOM CHASSIS, LLC, )
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PLAINTIFF'S RULE 26 DISCLOSURE STATEMENT
Plaintiff Lane Sennett, pursuant to Rule 26, Fed.R.Civ.P., hereby discloses th
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20 following infonnation and certifies that this disclosure includes all of the relevan
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infonnation in Plaintiffs possession, custody and control, as well as infonnation whic
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I.
THE NAME, ADDRESS AN TELEPHONE NUMBER OF
EACH INDIVIDUAL LIKELY TO HAVE DISCOVERABLE
INFORMATION TO SUPPORT PLAINTIFF'S CLAIM AND
THEIR SUBJECTS OF INFORMATION
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Case 2:04-cv-00161-ROS
Initial Rule 26 Document 188-2
Filed 08/25/2006
Page 2 of 7
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Plaintiff 2129 W. Quay Rd. Saint Augustine FL 32092
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Plaintiff wil testify that on or about March 27, 2003, she acquired a 2003
Fleetwood Pace Arow ("Pace Arrow"). The Pace Arow was warranted by Defendant
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Fleetwood Motor Homes of California, Inc and Workhorse Custom Chassis, LL
("Defendants"). Plaintiff wil testify that she acquired the Pace Arrow during the duratio
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of Defendants' wrtten warranties, which included various coverage as well as standar
warranties fully outlined in various wrtings by Defendant (print and electrc). One 0
these written warranties promised to correct any vehicle defect related to materials an
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workmanship occurrng during the warranty period except! e.g., those caused by abuse
misuse, failure to maintain, accident damage and neglect.
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Plaintiff wil testify that on or about the aforementioned date, she took possessio
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of the Pace Arow. Thereafter, the Pace Arrow developed a defective interior trim
defective exterior trm, defective steering/suspension, defective electrcal system
defective engine, defective bathroom door, persistent water leak, defective cabinet door
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persistent dying in flight condition, persistent stallng in flght condition, defectiv
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shower stall, defective closet door, defective ,alc compressor, defective fuel tank
defective fuel pump, defective generator hose, defective serpentine belt, and a defectiv
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belt tensioner. Plaintiff wil testify that as a result of the above mentioned defects, non
confonnities, and/or conditions, she returned the Pace Arrow to Defendants' authorize
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pres Plaintiff contends Defendant's disclaimers were invalid because oflack of
ale
disclosure and failure of essential purpose.
Case 2:04-cv-00161-ROS
Initial Rule Document 188-226 Filed 08/25/2006
Page 3 of 7
repair facility(ies) for repair pursuant to Defendants' promise to repair. These repair
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were necessitated by manufacturing defects in materials or workmanship and performe
by Defendants. Despite these repeated repair attempts and reasonable opportnity to cure
Plaintiffs Pace Arow remains in a defective and non-conforming condition. Thi
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defective and non-conforming condition substantially impairs( ed) the use, value and/o
safety of the Pace Arrow to Plaintiff, severely diminishes( ed) the value of the Pac
Arow, prevents(ed) Plaintiff from utilzing the Pace Arow for its ordinary purposes a
intended by Plaintiff at the time of acquisition, and causes Plaintiff direct and incidenta
and consequential hann and damage.2
io
II
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Plaintiff wil also be called to offer lay person testimony regarding Plaintiff
subjective belief as to the diminished value of the subject vehicle at the time the vehicl
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was purchased and/or leased. Plaintiff wil testify that the value of the subject vehicl
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was diminished by as much as 50% (or less) of the purchase/lease price. Plaintiff wil
testify that Plaintiff would not have paid the contract price for the subject vehicle ha
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Plaintiff been aware of the numerous mechanical defects and non-conformities tha
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would arise in the vehicle. Plaintiff wil base this testimony on the repair history a
documented in the repair records, and current problems with the vehicle at the time 0
arbitration and/or tral; Plaintiffs experience purchasing, trading-in and/or selln
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vehicles; Plaintiffs knowledge of comparable vehicles; and/or Plaintiffs knowledge 0
the current price of the vehicle based on recognized valuation guides that are availabl
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Defendant's disclaimers as to certain damages and Defendant's other remedy limitations.
2 See fn. 1 as to the validity of
Case 2:04-cv-00161-ROS
Initial Document Rule 26 188-2
Filed 08/25/2006
Page 4 of 7
through the Internet. Plaintiff may and reserves the right to also testify regarding an
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affirmative defenses raised by Defendants and as to any other matters timely disclosed.
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2.
Any witnesses listed by defendant
Expert witness (unknown at this time, plaintiff
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wil seasonably
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supplement this disclosure).
The aforementioned witness( es) wil testify to his/her/their personal, first-han
experience with Plaintiffs situation. In addition to the witness(es) named here, Plaintif
reserves the right to name additional witness( es), including the custodian( s) of all records
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if any, required for authentication of documents, all witness( es) named by Defendant, an
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any and all additional witnesses learned through the discovery process. Plaintiff als
reserves the right to supplement the substance of what the aforementioned witness( es
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wil testify to. Plaintiff wil seasonably supplement ths disclosure if and when sai
information becomes known to Plaintiff.
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II.
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A COPY OR DESCRIPTION OF ALL DCOUMENTS, DATA
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COMPILATIONS, AN TANGIBLE THINGS IN POSSESSION,
CUSTODY OR CONTROL OF PLAINTIFF THAT MAY BE USED
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TO SUPPORT HIS CLAIM
a.
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the Pace Arow (in Plaintiffs possession)
purchase documents (bates#000001-000008 )
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b.
c.
repair and/or maintenance records (bates#000009-000044)
correspondence (bates#000045 -00005 6)
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d.
e.
Hotel and rental car receipts (bates #000057-000058)
Service Contract (bates #000059)
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f.
Case 2:04-cv-00161-ROS
Initial Rule 26 Document 188-2
Filed 08/25/2006
Page 5 of 7
g.
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All documents disclosed by defendants, past and future
III.
COMPUTATION OF DAMAGES CLAIMED
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Plaintiffs exact expenses and liabilities incurred are unknown at present.
However, Plaintiff
has sustained the following damages at present:
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Vehicle Cost, including
finance charges if applicable:
$188,214.60
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Aggravation and Inconvenience:
$26,100.00 (87 days x $300 per day)
(continuing damages)
Loss of Use:
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$5,400.00 (9 repair visits x $600.00 per
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visit) (continuing damages)
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Other Incidental and
Consequential Damages:
$224.47 for rental car
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$45.19 for hotel
Attorneys' Fees:
PlaIntiffwil submit Plaintiffs Fee
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Petition at the appropriate time
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IV.
AN INSURCE AGREEMENT UNDER WHCH
SATISFACTION OF ANY JUGMENT MAY BE MADE
Not applicable.
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Initial Rule 26
Case 2:04-cv-00161-ROS
Document 188-2
Filed 08/25/2006
Page 6 of 7
RESPECTFULLY SUBMITTED thi
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By:
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Initial Rule 26
Case 2:04-cv-00161-ROS
Document 188-2
Filed 08/25/2006
Page 7 of 7