Caterpillar Financial Services Corp v. M/V General II
Plaintiff: Caterpillar Financial Services Corp
Defendant: Boyson Inc and M/V General II
Case Number: 6:2013cv01246
Filed: May 24, 2013
Court: US District Court for the Western District of Louisiana
Office: Lafayette Office
County: St. Mary
Presiding Judge: Rebecca F Doherty
Referring Judge: C Michael Hill
Nature of Suit: Contract: Marine
Cause of Action: 46 U.S.C. § 0740
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2018 COST BOND of $250.00 paid on 05/28/2013 by McGlinchey Stafford on behalf of Caterpillar Financial Services Corp has been transferred to unclaimed funds this date. (crt,Williams, C)
June 3, 2014 Opinion or Order Filing 49 ORDER. IT IS ORDERED that upon payment in full, the sale of the "M/V GENERAL II (the "Vessel"), Official Number 1029340, her engines, tackle, apparel, boilers, equipment and appurtenances, etc." shall be deemed confirmed by this Court as of course, without further Order, and the Marshal shall deliver a Bill of Sale to the confirmed purchaser, Global Marine, LLC., "as is, where is, free and clear of all liens, claims, and encumbrances of any nature whatsoever." Signed by Magistrate Judge C Michael Hill on 6/3/2014. (crt,Davenport, M)
April 8, 2014 REGISTRY DISBURSEMENT in accordance with the Order of 4/4/14, Doc#48, has been completed. (crt,Williams, C)
April 4, 2014 Opinion or Order Filing 48 ORDER. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Clerk of Court is hereby authorized and directed to draw a check on the funds deposited into the registry of the Court in the principal amount of $362,664 plus all interest earned less the assessment fee for the administration of funds. Signed by Magistrate Judge C Michael Hill on 4/3/2014. (crt,Davenport, M)
April 1, 2014 Filing 47 MINUTES OF TELEPHONE HEARING AND ORDER for proceedings held before Magistrate Judge C Michael Hill: granting #40 Motion for Disbursement of Funds as follows: CaterpillarFinancial Services Corporation is to receive the entire remaining amount of proceeds in the registry of this Court, less any Marshal's costs which have not yet been paid, if any. In so ordering, this Court makes no finding, in law or in fact, other than that Caterpillar is entitled to these funds. MOTION HEARING held on 4/1/2014 re #40 MOTION for Disbursement of Funds filed by Caterpillar Financial Services Corp. (crt,Davenport, M) Copy to USM and financial.
March 28, 2014 Filing 46 REPLY to Response to Motion re #40 MOTION for Disbursement of Funds filed by Caterpillar Financial Services Corp. (Attachments: #1 Exhibit)(crt,Dauterive, C)
March 28, 2014 Opinion or Order Filing 45 ORDER granting #43 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge C Michael Hill on 3/28/2014. (crt,Dauterive, C)
March 27, 2014 Opinion or Order Filing 44 ORDER Setting #40 MOTION for Disbursement of Funds: Motion day set for 4/1/2014 at 11:00 AM by phone before Magistrate Judge C Michael Hill. Signed by Magistrate Judge C Michael Hill on 3/26/2014. (crt,Davenport, M)
March 27, 2014 Motions Transferred regarding #43 MOTION for Leave to File Reply Memorandum. Motions referred to C Michael Hill. (crt,Whidden, C)
March 26, 2014 NOTICE of Corrective Action to Adam C McNeil on behalf of Caterpillar Financial Services Corp regarding #43 MOTION for Leave to File Reply Memorandum. Action taken: Incorrect event (Reply Memorandum) originally used. Modified docket sheet to reflect correct event type (Motion for Leave to File Reply Memorandum). (crt,Whidden, C)
March 26, 2014 Filing 43 MOTION for Leave to File Reply Memorandum filed by Caterpillar Financial Services Corp. (Attachments: #1 Proposed Pleading, #2 Proposed order, #3 Proposed Exhibits)(aty,McNeil, Adam) Modified on 3/27/2014 to correct event type from Reply Memorandum to Motion for Leave to File (Whidden, C).
March 24, 2014 Filing 42 MEMORANDUM in Opposition re #40 MOTION for Disbursement of Funds filed by Boyson Inc, M/V General II. (aty,Balart, Luis)
March 17, 2014 Opinion or Order Filing 41 ORDER re #40 MOTION for Disbursement of Funds filed by Caterpillar Financial Services Corp. IT IS ORDERED that any opposition to the Motion shall be filed no later than 3/24/2014. Signed by Magistrate Judge C Michael Hill on 3/17/2014. (crt,Davenport, M)
March 13, 2014 Filing 40 MOTION for Disbursement of Funds by Caterpillar Financial Services Corp. Motions referred to C Michael Hill. (Attachments: #1 Exhibit A-D, #2 Proposed order)(aty,McNeil, Adam)
March 12, 2014 RECEIVED Registry Funds from Global Marine via IPAC from U S Marshal, in the amount of $362,664.00, receipt number CQ14463500150, which funds have been deposited into the registry of this Court. (crt,Williams, C)
February 12, 2014 Filing 39 PROCESS RECEIPT AND RETURN of Service by U S Marshal for Release of Vessel, M/V General II, served on Peter Brown on 2/11/2014. (crt,Dauterive, C)
January 30, 2014 Opinion or Order Filing 38 MEMORANDUM RULING denying #29 Motion to Confirm Sale of Vessel. IT IS ORDERED that Boyson's objections to the sale of the vessel to Global Marine are overruled and dismissed. IT IS FURTHER ORDERED that Global Marine shall make payment of the balance of the full bid purchase price of the vessel to the Marshal within ten (10) days of the date of this Order. IT IS FURTHER ORDERED that upon payment in full, the sale shall be deemed confirmed by this Court as of course, without further Order, and the Marshal shall deliver a Bill of Sale for the vessel to the confirmed purchaser, Global Marine, "as is, where is, free and clear of all liens, claims, and encumbrances of any nature whatsoever." IT IS FURTHER ORDERED that all charges incurred by the Marshal, Caterpillar and other parties funding the Marshal's costs with respect to the vessel during the period of arrest and attachment shall be expenses of the sale which shall be taxed as costs of custodia legis against the proceeds of the sale. IT IS FURTHER ORDERED that the Marshal shall deposit the proceeds of the sale received from Global Marine into the Registry of the Court pending further Order of the Court. IT IS FURTHER ORDERED that this Court shall retain jurisdiction over the above action for further proceedings as may be deemed necessary or appropriate. IT IS FURTHER ORDERED that the Clerk notify Global Marine of this Ruling by furnishing a copy of it to Global Marine at its last known mailing and email addresses. Signed by Magistrate Judge C Michael Hill on 1/30/2014. (crt,Davenport, M)
January 13, 2014 Filing 37 MAIL RETURNED as Undeliverable: Global Marine Inc - Stanley Hedrington, Suite 113 Redhook Villas, Charlotte Amalie, St Thomas, USVI 00802: re: #30 Minute Entry/Order Setting Motion, returned marked: Attempted - Not known - Unable to Forward. (crt,Dauterive, C)
January 10, 2014 Filing 36 MINUTES for proceedings held before Magistrate Judge C Michael Hill: STATUS CONFERENCE held on 1/10/2014, The hearing set for 1/15/2014 re #29 Ex Parte Motion to Confirm Sale of Vessel is CANCELED. Opposition to the motion may be filed on or before 1/15/2014 (Set Deadlines/Hearing as to #29 Ex Parte MOTION to Confirm Sale of Vessel: Responses due by 1/15/2014). (crt,Davenport, M)
January 10, 2014 Filing 35 REPLY to Response to Motion re #29 Ex Parte MOTION to Confirm Sale of Vessel filed by Caterpillar Financial Services Corp. (crt,Dauterive, C)
January 10, 2014 Opinion or Order Filing 34 ORDER granting #33 Motion for Leave to File Reply to Response to Motion. Signed by Magistrate Judge C Michael Hill on 1/10/2014. (crt,Dauterive, C)
January 8, 2014 Motions Transferred regarding #33 MOTION for Leave to File Reply to Response to Motion re #29 Ex Parte MOTION to Confirm Sale of Vessel. Motions referred to C Michael Hill. (crt,Dauterive, C)
January 8, 2014 NOTICE of Corrective Action to Adam C McNeil on behalf of Caterpillar Financial Services Corp regarding document electronically filed in ERROR as #33 REPLY to Response to Motion. Action taken: Modified docket entry to correctly identify as #33 MOTION for Leave to File Reply to Response to Motion re #29 Ex Parte MOTION to Confirm Sale of Vessel. (crt,Dauterive, C)
January 8, 2014 Filing 33 MOTION for Leave to File Reply to Response to Motion re #29 Ex Parte MOTION to Confirm Sale of Vessel filed by Caterpillar Financial Services Corp. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,McNeil, Adam) Modified on 1/9/2014 to correctly identify document and create motion event (Dauterive, C).
January 7, 2014 Filing 32 MAIL RETURNED as Undeliverable: Global Marine Inc - Stanley Hedrington: 102 Cruz Bay Quarter; St John, USVI 00830, re: #30 Minute Entry/Order Setting Motion, returned marked: Insufficient Address - Unable to Forward. (crt,Dauterive, C)
December 23, 2013 Filing 31 MEMORANDUM in Opposition re #29 Ex Parte MOTION to Confirm Sale of Vessel filed by Boyson Inc, M/V General II. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1 - Printout from Louisiana Secretary of State's Office; 2 - Listing of Ocean Marine Upcoming Auction)(aty,Balart, Luis)
December 23, 2013 Opinion or Order Filing 30 ORDER Setting #29 Ex Parte MOTION to Confirm Sale of Vessel: Motion day set for 1/15/2014 10:00 AM in Lafayette, Courtroom 6 before Magistrate Judge C Michael Hill. Opposition to the Motion maybe filed on or before 1/10/2014. Signed by Magistrate Judge C Michael Hill on 12/23/2013. (crt,Davenport, M)
December 19, 2013 Filing 29 Ex Parte MOTION to Confirm Sale of Vessel by Caterpillar Financial Services Corp. Motions referred to C Michael Hill. (Attachments: #1 Memorandum / Brief, #2 Proposed Order)(aty,McNeil, Adam) Modified on 12/20/2013 to edit text (Dauterive, C).
December 16, 2013 Filing 28 REPORT OF U S MARSHAL'S SALE re M/V General II (crt,Dauterive, C)
October 16, 2013 Opinion or Order Filing 27 ORDER granting #20 Motion To Set Sale of Seized Vessel, Recognize First Preferred Ship Mortgage and For Authority to Credit Bid. IT IS ORDERED that the United States Marshal is directed to sell the M/V GENERAL II at public auction to be held on 12/4/2013 in Lafayette. Signed by Magistrate Judge C Michael Hill on 10/15/2013. (crt,Davenport, M)
October 10, 2013 Filing 26 MINUTES OF TELEPHONE STATUS CONFERENCE AND ORDER for proceedings held before Magistrate Judge C Michael Hill: TELEPHONE STATUS CONFERENCE held on 10/10/2013. The parties were instructed to submit a Proposed Order for disposition of the pending Motion to Set Sale #20 . (crt,Guidry, C)
October 10, 2013 Filing 25 PROPOSED ORDER/JUDGMENT by Caterpillar Financial Services Corp re #20 Motion To Set Sale of Seized Vessel, Recognize First Preferred Ship Mortgage and For Authority to Credit Bid. (aty,McNeil, Adam) Modified on 10/11/2013 to edit text (Dauterive, C).
October 4, 2013 Filing 24 MINUTE ENTRY The telephone status conference set for 10/8/2012 is reset to 10/10/2013 at 2:00 p.m. (Magistrate Judge Telephone Conference set for 10/10/2013 02:00 PM in by phone before Magistrate Judge C Michael Hill.) Signed by Magistrate Judge C Michael Hill on 10/3/2013. (crt,Davenport, M)
September 24, 2013 Opinion or Order Filing 23 ORDER re #20 Ex Parte MOTION To Set Sale of Seized Vessel, Recognize First Preferred Ship Mortgage and For Authority to Credit Bid filed by Caterpillar Financial Services Corp. IT IS ORDERED that the Courts Order of September 19, 2013 ordering the sale of the vessel [Rec. Doc. 21], is hereby RECALLED AND VACATED. Magistrate Judge Telephone Conference set for 10/8/2013 11:30 AM in by phone before Magistrate Judge C Michael Hill. Signed by Magistrate Judge C Michael Hill on 9/24/2013. (crt,Davenport, M)
September 23, 2013 Filing 22 PROPOSED (AMENDED) ORDER/JUDGMENT by Caterpillar Financial Services Corp re #20 Motion for Miscellaneous Relief,. (aty,McNeil, Adam) Modified on 9/24/2013 to edit text (Dauterive, C).
September 19, 2013 Opinion or Order Filing 21 RECALLED/VACATED ORDER granting #20 Motion To Set Sale of Seized Vessel, Recognize First Preferred Ship Mortgage and For Authority to Credit Bid. IT IS HEREBY ORDERED that the United States Marshal for the Western District of Louisiana is hereby directed to sell the M/V GENERAL II, bearing Official Number 1029340, its engines, tackle and apparel, etc. at public auction to the highest bidder to be held on the 10/30/2013 at 10:00 a.m., at the entrance of the United States Court House, Lafayette, Louisiana. Signed by Magistrate Judge C Michael Hill on 9/19/2013. (crt,Davenport, M) Modified on 9/24/2013 to recall/vacate the order (Davenport, M).
September 17, 2013 Filing 20 Ex Parte MOTION To Set Sale of Seized Vessel, Recognize First Preferred Ship Mortgage and For Authority to Credit Bid by Caterpillar Financial Services Corp. Motions referred to C Michael Hill. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1-7, #3 Proposed order)(aty,McNeil, Adam)
July 26, 2013 Filing 19 CORPORATE DISCLOSURE STATEMENT by Caterpillar Financial Services Corp. (aty,McNeil, Adam) Modified on 7/29/2013 to add Corporate Parent, Caterpillar Inc (Dauterive, C).
July 24, 2013 Filing 18 CORPORATE DISCLOSURE STATEMENT by Boyson Inc, M/V General II. (aty,Balart, Luis)
July 24, 2013 Filing 17 NOTICE by Boyson Inc, M/V General II of Verified Statement of Right or Interest (Attachments: #1 Appendix)(aty,Balart, Luis)
July 12, 2013 Opinion or Order Filing 16 ORDER granting #14 Motion for Extension of Time to Answer re #1 Complaint, Boyson Inc answer due 8/14/2013; M/V General II answer due 8/14/2013. IT IS ORDERED that Boyson Inc, owner of the M/V GENERAL II, is granted an extension of time of fourteen (14) days, up to and including 7/24/2013, within which to file a Verified Statement of Right or Interest, followed by an extension of twenty-one (21) days, up to and including 8/14/2013 within which to file an Answer to the Verified Complaint. Signed by Magistrate Judge C Michael Hill on 7/11/2013. (crt,Davenport, M)
July 11, 2013 Filing 15 NOTICE of Corporate Disclosure Statement Requirement re: #14 Motion for Extension of Time to File Answer sent to Luis Etienne Balart on behalf of Boyson Inc. Corporate Disclosure Statement due by 7/25/2013. (crt,Dauterive, C)
July 10, 2013 Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint, with consent by M/V General II, Boyson, Inc.. Motions referred to C Michael Hill. (Attachments: #1 Proposed order)(Attorney Luis Etienne Balart added to party M/V General II(pty:dft), Attorney Luis Etienne Balart added to party Boyson, Inc.(pty:dft))(aty,Balart, Luis)
June 6, 2013 Filing 13 WARRANT of Arrest of Vessel Returned Executed as to M/V General II. (crt,Dauterive, C)
May 30, 2013 Filing 12 EXHIBIT 6 re #1 Complaint by Caterpillar Financial Services Corp. (crt,Dauterive, C)
May 30, 2013 Opinion or Order Filing 11 ORDER granting #5 Motion for Leave to File Supplemental Exhibit. Signed by Magistrate Judge C Michael Hill on 5/30/2013. (crt,Dauterive, C)
May 30, 2013 Opinion or Order Filing 9 ORDER granting #4 Motion to Appoint Custodian. It is ordered that Ocean Marine Brokerage shall move the vessel to its berth located at 3416 Lake Palourde Rd, Amelia, LA 70340. Signed by Magistrate Judge C Michael Hill on 5/30/2013. (crt,Davenport, M)
May 30, 2013 Filing 8 WARRANT of of Vessel issued (crt,Davenport, M)
May 30, 2013 Opinion or Order Filing 7 ORDER granting #3 Motion for Issuance of Warrant in rem. Signed by Magistrate Judge C Michael Hill on 5/30/2013. (crt,Davenport, M)
May 30, 2013 Opinion or Order Filing 6 ORDER granting #2 Motion to Deposit Funds. Signed by Magistrate Judge C Michael Hill on 5/30/2013. (crt,Davenport, M)
May 29, 2013 Motions Transferred regarding #5 MOTION for Leave to File Supplemental Exhibit. Motions referred to C Michael Hill. (crt,Dauterive, C)
May 29, 2013 Filing 5 MOTION for Leave to File Supplemental Exhibit by Caterpillar Financial Services Corp. (Attachments: #1 Proposed order, #2 Proposed exhibit)(aty,Giblin, Jon)
May 28, 2013 RECEIVED Registry Funds (Cost Bond) on behalf of Caterpillar Financial Services Corp from McGlinchey Stafford, in the amount of $250.00, receipt number 64635005262, which funds have been deposited into treasury registry. (crt,Gregory, C)
May 24, 2013 Filing 4 MOTION to Appoint Custodian by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed order, #2 Affidavit)(aty,Giblin, Jon)
May 24, 2013 Filing 3 MOTION for Issuance of Warrant in rem by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed order, #2 Proposed clerks notice)(aty,Giblin, Jon)
May 24, 2013 Filing 2 MOTION to Deposit Funds /Cash Bond for Costs by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed order)(aty,Giblin, Jon)
May 24, 2013 Filing 1 COMPLAINT against M/V General II (Filing fee $400, receipt number 0536-2246576) filed by Caterpillar Financial Services Corp. (Attachments: #1 Civil cover sheet, #2 Exhibit 1-5)(Attorney Jon Ann H Giblin added to party Caterpillar Financial Services Corp(pty:pla))(aty,Giblin, Jon) Modified text on 5/24/2013. (Kennedy, T)
May 24, 2013 Motions Transferred regarding #2 MOTION to Deposit Funds /Cash Bond for Costs, #3 MOTION for Issuance of Warrant in rem , #4 MOTION to Appoint Custodian . Motions referred to C Michael Hill. (crt,Kennedy, T)
May 24, 2013 CASE Assigned to Judge Rebecca F Doherty and Magistrate Judge C Michael Hill. (crt,Kennedy, T)

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Plaintiff: Caterpillar Financial Services Corp
Represented By: Jon Ann H Giblin
Represented By: Adam C McNeil
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Defendant: Boyson Inc
Represented By: Luis Etienne Balart
Represented By: Stephen Henry Clement
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Defendant: M/V General II
Represented By: Luis Etienne Balart
Represented By: Stephen Henry Clement
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