Omega model ARM 10T55-E telescopic forklift

While negotiating a possible settlement, attorneys for defendant Omega Lift Distributors Inc and plaintiff LoneStar Forklift Inc have proposed new dates on the pending fraud and misrepresentation case in the federal district court in Dallas.

LoneStar filed the case on 18 October 2013.

The attorneys filed a joint proposed order on 30 January and, contingent on the court’s own scheduling, set a tentative deadline of 27 March for filing any motions for leave to amend the pleadings.

Other dates in the proposed order include 3 April for designation of expert witnesses, 20 May for rebuttal designation, 19 June for completion of discovery, 17 July for a pretrial conference and 27 July for a trial, if needed. The case is pending before Judge Jorge A Solis. Under a subsequently vacated court order, a trial was scheduled in April.

LoneStar of Garland, Texas says Omega Lift refused to refund USD101,000 or deliver an arm telescopic forklift model ARM 10T55-E as promised. During 2013, LoneStar placed the order along with a deposit in February and paid the balance in June. Omega Lift is based in Bolton, Ontario, Canada.

Meanwhile, Larry Wise, CEO of Wise Forklift, claims to still be waiting for his refund from Omega after difficulties receiving and banking the refund cheque.

In early December, Forkliftaction.com News reported that the disgruntled US forklift dealer secured a refund from Omega Lift, but Wise says the situation remains unresolved.

Omega Lift spokesman Greg Pannia disputes Wise's claims, saying: "Wise never deposited the cheque".