Springleaf Financial Services of Alabama, Inc. v. The F/V Whitewater et al
Plaintiff: Springleaf Financial Services of Alabama, Inc. f/d/b/a American General Financial Services of Alabama, Inc.
Defendant: The F/V Whitewater, John M. Francis, Mary G. Francis and John M. Francis, II
Not Classified By Court: Eastern Shore Marine, Inc.
Case Number: 1:2012cv00579
Filed: September 10, 2012
Court: US District Court for the Southern District of Alabama
Office: Mobile Office
County: Mobile
Presiding Judge: William E Cassady
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. ยง 1333 Marine-Preferred Ship Mortgage
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 3, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2014 Filing 77 SATISFACTION OF JUDGMENT entered in favor of Springleaf Financial Services of Alabama, Inc. against John M. Francis, John M. Francis, II, Mary G. Francis by Springleaf Financial Services of Alabama, Inc.. (Heisterhagen, Kasee)
September 8, 2014 Filing 76 Notice of Filing Post-Judgment Discovery Responses filed by John M. Francis, Mary G. Francis. (Myrick, Joshua)
July 11, 2014 Filing 75 Notice of Filing Post-Judgment Interrogatories and Requests for Production to John M. Francis, II, Mary G. Francis and John M. Francis filed by Springleaf Financial Services of Alabama, Inc.. (Heisterhagen, Kasee)
June 23, 2014 Opinion or Order Filing 74 ENDORSED ORDER noted #73 Motion to Substitute Attorney.. Although called a motion, this is a notice of substitute counsel in a closed action. Signed by Magistrate Judge William E. Cassady on 6/23/2014. (Cassady, William)
June 23, 2014 Filing 73 MOTION to Substitute Attorney by Springleaf Financial Services of Alabama, Inc.. (Heisterhagen, Kasee)
January 7, 2014 Opinion or Order Filing 72 JUDGMENT entered. In accordance with the memorandum opinion and order entered on December 9, 2013 (Doc. 70), it is hereby ORDERED, ADJUDGED, and DECREED that plaintiff's motion for summary judgment (Doc. 61) is GRANTED. The plaintiff is entitled to recover $65,010.67 under the Loan Agreement. However, the in personam defendants are entitled to an offset in the amount of $30,000.00, as explained in the Court's memorandum opinion and order (Doc. 70). Accordingly, final judgment shall be entered against the in personam defendants in the amount of $35,010.671 with post-judgment interest to accrue at the rate of 0.13% from this date forward. Each party shall bear his, her, or its own costs. Signed by Magistrate Judge William E. Cassady on 1/7/2014. (eec)
January 3, 2014 Filing 71 MOTION Entry of Final Judgment Pursuant to Order of 12/9/2013 re #70 Order on Motion for Summary Judgment, by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua)
December 9, 2013 Opinion or Order Filing 70 ORDER entered re #61 Motion for Summary Judgment. Plaintiff's motion for summary judgment is GRANTED; the defendants' request for a $30,000.00 setoff is GRANTED; and the defendants' alternative request for a fair value setoff is DENIED. Signed by Magistrate Judge William E. Cassady on 12/9/2013. (eec)
November 8, 2013 Filing 69 Proposed Pretrial Order by John M. Francis, II. (Myrick, Joshua)
October 23, 2013 Filing 68 Notice of Filing Pretrial Disclosures filed by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua)
October 8, 2013 Filing 67 Memorandum in Opposition re #62 Memorandum in Support (Affidavit of J. Michael Francis, II) filed by John M. Francis, II. (Myrick, Joshua)
October 7, 2013 Filing 66 Memorandum in Opposition re #62 Memorandum in Support of Plaintiff's Motion for Summary Judgment filed by John M. Francis, II. (Myrick, Joshua)
September 26, 2013 Opinion or Order Filing 65 ORDER Confirming Sale and Directing Release of Vessel. Signed by Magistrate Judge William E. Cassady on 9/26/2013. (eec)
September 24, 2013 Opinion or Order Filing 64 Order re: #61 MOTION for Summary Judgment filed by Springleaf Financial Services of Alabama, Inc., ( Response to Motion due by 10/7/2013, Replies due by 10/14/2013.). Signed by Magistrate Judge William E. Cassady on 9/23/2013. (eec)
September 20, 2013 Filing 63 Proposed Findings of Fact re #58 MOTION for Order Discharging United States Marshal Service and Substitute Counsel by Springleaf Financial Services of Alabama, Inc. filed by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre)
September 20, 2013 Filing 62 Memorandum in Support re #61 MOTION for Summary Judgment filed by Springleaf Financial Services of Alabama, Inc.. (Attachments: #1 Exhibit Plaintiff supporting docs) (Dumas, Barre)
September 20, 2013 Filing 61 MOTION for Summary Judgment by Springleaf Financial Services of Alabama, Inc.. (Attachments: #1 Text of Proposed Order) (Dumas, Barre)
September 13, 2013 Opinion or Order Filing 60 Order re: #58 MOTION for Order Discharging United States Marshal Service and Substitute Counsel filed by Springleaf Financial Services of Alabama, Inc., The Court has determined that, by September 20, 2013, the plaintiff shall file and serve a proposed order on its motion. The Court hereby ORDERS that the deadline for filing dispositive motions shall be extended to September 20, 2013. Signed by Magistrate Judge William E. Cassady on 9/13/2013. (eec)
September 12, 2013 Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Motion Hearing, via telephone conference, held on 9/12/2013 re #58 MOTION for Order Discharging United States Marshal Service and Substitute Counsel filed by Springleaf Financial Services of Alabama, Inc. FTR Digital Audio Recording. (eec)
September 6, 2013 Opinion or Order Filing 59 Order re: #58 MOTION for Order Discharging United States Marshal Service and Substitute Counsel filed by Springleaf Financial Services of Alabama, Inc. This cause shall come before the undersigned, via a telephone conference, Thursday, September 12, 2013, at 2:00 p.m., for a hearing on plaintiff's Motion. All parties of record shall participate in the telephone conference, including the substitute custodian, Eastern Shore Marine, Inc. To access the conference, the parties shall use the following numbers: CALL IN 251-694-4296; PASS CODE 418000. Signed by Magistrate Judge William E. Cassady on 9/6/2013. (eec)
August 28, 2013 Filing 58 Request for Release of Vessel filed by Plaintiff Springleaf Financial Services of Alabama, Inc. (Dumas, Barre) Modified on 9/6/2013 (eec).
August 21, 2013 Opinion or Order Filing 57 ORDER granting #56 Motion to Direct Mode and Manner. Plaintiff is allowed to make credit bids up to $57,000.00 at the Marshal Sale set for August 21, 2013, at 12:00 p.m. Signed by Magistrate Judge William E. Cassady on 8/20/2013. (eec)
August 20, 2013 Filing 56 MOTION to Direct Mode and Manner to allow credit bid by Plaintiff by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre)
August 1, 2013 Opinion or Order Filing 55 Order re: #45 MOTION to Compel Immediate Payment of Custodial Fees filed by Eastern Shore Marine, Inc. shall be CARRIED with the sale of the vessel and a determination as to the appropriate distribution of sale proceeds has been finalized. Signed by Magistrate Judge William E. Cassady on 8/1/2013. (mjn)
July 30, 2013 Filing 54 WRIT of Venditioni Exponas Issued to USM for publication in the Mobile Press Register on the following dates: August 4,7,9,11,14,16,2013; Sale of vessel: August 21, 2013 at 12:00 noon; (mjn)
July 26, 2013 Opinion or Order Filing 53 Order on Sale of Vessel that the F/V WHITEWATER be sold at public auction on August 21, 2013 at 12:00 noon; Dates of publication: August 4,7,9,11,14,16, 2013; September 20, 2013 is the last date on which claims may be filed against the vessel or proceeds of sale of same as provided in Local Admiralty Rule 6(e). Signed by Magistrate Judge William E. Cassady on 7/26/2013. (Attachments: #1 USM notice of sale) 3 cert copies USM (mjn)
July 23, 2013 Filing 52 RESPONSE in Opposition re #45 MOTION to Compel Immediate Payment of Custodial Fees filed by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre)
July 23, 2013 Filing 51 Proof of Publication filed by Springleaf Financial Services of Alabama, Inc.. Last publication date 07/12/2013. (Attachments: #1 Affidavit Affidavit of Publication) (Dumas, Barre)
July 18, 2013 Filing 50 RESPONSE to #45 MOTION to Compel Immediate Payment of Custodial Fees filed by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua)
July 17, 2013 Filing 49 RESPONSE to #46 MOTION for Order of Sale (Interlocutory) filed by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua)
July 12, 2013 Opinion or Order Filing 48 Order re: #46 MOTION for Order of Sale (Interlocutory) filed by Springleaf Financial Services of Alabama, Inc., ( Response to Motion due by 7/25/2013, Motion to be taken under submission on 7/26/2013.). Signed by Magistrate Judge William E. Cassady on 7/12/2013. (eec)
July 11, 2013 Opinion or Order Filing 47 Order re: #45 MOTION to Compel Immediate Payment of Custodial Fees filed by Eastern Shore Marine, Inc., ( Response to Motion due by 7/23/2013, Motion to be taken under submission on 7/24/2013.). Signed by Magistrate Judge William E. Cassady on 7/10/2013. (eec)
July 10, 2013 Filing 46 MOTION for Order of Sale (Interlocutory) by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre) Modified on 7/30/2013 (mjn).
July 9, 2013 Filing 45 MOTION to Compel Immediate Payment of Custodial Fees by Eastern Shore Marine, Inc.. (Rankin, A.)
June 17, 2013 Opinion or Order Filing 44 ORDER entered. The Court GRANTS the substitute custodian's motion (Doc. 33). His expenses have been determined to be expenses in custodia legis. And the plaintiff and the defendants are ordered to pay ESM $7,953.66, plus $94 per day for every day after April 9, 2013, until the date upon which ESM delivers possession in accordance with further order of the Court. Signed by Magistrate Judge William E. Cassady on 6/14/2013. (eec)
June 10, 2013 Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Evidentiary Hearing held on 6/10/2013. FTR Digital Audio Recording. (eec)
May 15, 2013 Opinion or Order Filing 42 ORDER granting #41 Motion to Continue. The evidentiary hearing set for May 16, 2013, at 2:00 p.m., is RESCHEDUELD to June 10, 2013, at 2:00 p.m., and will still occur in Courtroom 3A, United States Courthouse, Mobile, Alabama. Signed by Magistrate Judge William E. Cassady on 5/15/2013. (eec)
May 15, 2013 Reset Hearings: Evidentiary Hearing set for 6/10/2013 02:00 PM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady. (eec)
May 9, 2013 Filing 41 MOTION to Continue Evidentiary Hearing by John M. Francis, II. (Myrick, Joshua)
May 8, 2013 Opinion or Order Filing 40 Order re: #33 MOTION to Set Aside Motion by Substitute Custodian to Set Aside Dismissal and Order Payment of Custodial Fees filed by Eastern Shore Marine, Inc., ( Evidentiary Hearing set for 5/16/2013 02:00 PM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady.), Case reopened. Signed by Magistrate Judge William E. Cassady on 5/7/2013. (eec)
April 30, 2013 Filing 39 AFFIDAVIT Supplemental Affidavit of Ed Wall in Support of Motion by Substitute Custodian by Eastern Shore Marine, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rankin, A.)
April 30, 2013 Filing 38 Brief filed by Eastern Shore Marine, Inc. in Support of Motion by Substitute Custodian to Set Aside Dismissal and order Payment of Custodial Fees.. (Rankin, A.)
April 23, 2013 Filing 37 Objection re: #33 MOTION to Set Aside Motion by Substitute Custodian to Set Aside Dismissal and Order Payment of Custodial Fees filed by John M. Francis, II, Springleaf Financial Services of Alabama, Inc.. (Attachments: #1 Affidavit Affidavit of J. Michael Francis, II, #2 Exhibit Dkt. No. 137; Case No. 11-cv-223-KD-C, #3 Exhibit Dkt. No. 164; Case No. 11-cv-223-KD-C) (Myrick, Joshua)
April 17, 2013 Opinion or Order Filing 36 ORDER granting #34 Motion to access vessel to have it surveyed. Heine is given access to the vessel for the purpose of surveying it. And Francis shall indemnify and hold harmless ESM and the United States Marshal for this District from any claims for injuries to Heine which arise out of his survey of the vessel and/or which occur on ESMs premises while Heine is present there for the purpose of conducting his survey of the vessel. Signed by Magistrate Judge William E. Cassady on 4/17/2013. Copy to USM (srr)
April 17, 2013 Opinion or Order Filing 35 Order re: #33 MOTION to Set Aside Motion by Substitute Custodian to Set Aside Dismissal and Order Payment of Custodial Fees filed by Eastern Shore Marine, Inc.; Response to Motion due by 4/23/2013, Replies due by 4/30/2013 and this matter will be taken under submission without further briefing. The Court's "30-Day Order" remains in effect. Signed by Magistrate Judge William E. Cassady on 4/17/2013. (srr)
April 16, 2013 Filing 34 MOTION Permission to Access Vessel for Survey re #12 Order on Motion for Issuance of Arrest Warrant, Order on Motion to Appoint Custodian by John M. Francis, II. (Attachments: #1 Text of Proposed Order) (Myrick, Joshua)
April 15, 2013 Filing 33 MOTION to Set Aside Motion by Substitute Custodian to Set Aside Dismissal and Order Payment of Custodial Fees by Eastern Shore Marine, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Rankin, A.)
April 9, 2013 Opinion or Order Filing 32 Order entered that this action is DISMISSED WITH PREJUDICE subject to the right of either party to reinstate the action within 30 days should the settlement not be consummated. Signed by Magistrate Judge William E. Cassady on 4/9/2013. (eec)
April 8, 2013 Filing 31 Position Regarding Mediation JOINT SUPPLEMENTAL REPORT filed by Springleaf Financial Services of Alabama, Inc., John M. Francis, II, John M. Francis, Mary G. Francis. (Dumas, Barre)
March 20, 2013 Opinion or Order Filing 30 Order re: #29 Position Regarding Settlement filed by John M. Francis, II, ( Joint Supplemental Settlement Position due by 4/8/2013.). Signed by Magistrate Judge William E. Cassady on 3/20/2013. (eec)
March 19, 2013 Filing 29 Joint Position Regarding Settlement Through ADR Procedure filed by John M. Francis, II. (Myrick, Joshua)
March 12, 2013 Filing 28 Notice of Filing Rule 26 filed by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre)
March 12, 2013 Filing 27 Notice of Filing Defendants' Initial Disclosures filed by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua)
February 21, 2013 Opinion or Order Filing 26 SCHEDULING ORDER: Pretrial Conference set for 11/12/2013 10:00 AM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady. Amended Pleadings due by 3/29/2013. Discovery cutoff 8/16/2013. Motions due by 8/30/2013. This non-jury action shall be tried during the month of December, 2013 (a firm date to be set at the pretrial conference), and the parties have estimated that the trial of this action shall take approximately one (1) day. Signed by Magistrate Judge William E. Cassady on 2/21/2013. (Attachments: #1 Standing Pretrial Order) (eec)
February 19, 2013 Filing 25 REPORT of Rule 26(f) Planning Meeting . (Myrick, Joshua)
January 2, 2013 Opinion or Order Filing 24 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 2/19/2013. Signed by Magistrate Judge William E. Cassady on 1/2/2013. (eec)
December 21, 2012 Filing 23 ANSWER to #1 Complaint, by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua)
December 11, 2012 Opinion or Order Filing 22 ORDER granting #21 Motion for Extension of Time. The individual defendants shall file their answers to the complaint no later than December 20, 2012. Signed by Magistrate Judge William E. Cassady on 12/10/2012. (eec)
December 11, 2012 Answer due from John M. Francis, II on 12/20/2012; John M. Francis on 12/20/2012; Mary G. Francis on 12/20/2012. (eec)
December 10, 2012 Filing 21 Unopposed MOTION for Extension of Time to Answer Complaint by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua)
December 7, 2012 Filing 20 NOTICE of Appearance by Joshua Paul Myrick on behalf of John M. Francis, II, John M. Francis, Mary G. Francis (Myrick, Joshua)
November 27, 2012 Filing 19 USM-285 RETURN OF SERVICE of Arrest of Vessel and Order of Substitute Custodian served 11/14/12 as to F/V Whitewater (sdb)
November 19, 2012 Filing 18 AFFIDAVIT of Service for Summons and Complaint served on John M. Francis, II on 11-08-2012, filed by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent)
November 19, 2012 Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Mary G. Francis on 11-08-2012, filed by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent)
November 19, 2012 Filing 16 AFFIDAVIT of Service for Summons and Complaint served on John M. Francis on 11-08-2012, filed by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent)
November 13, 2012 Opinion or Order Filing 15 ORDER on #14 Corporate Disclosure Statement filed by Springleaf Financial Services of Alabama, Inc. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge William E. Cassady on 11/9/2012. (eec)
November 8, 2012 Filing 14 Corporate Disclosure Statement filed by Plaintiff Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre)
November 7, 2012 Filing 13 Warrant of Arrest Issued as to The F/V Whitewater. (eec)
November 7, 2012 Opinion or Order Filing 12 ORDER for Arrest of Vessel and for Appointment of Substitute Custodian. Eastern Shore Marine, Inc. appointed. Signed by Magistrate Judge William E. Cassady on 11/7/2012. (eec)
November 7, 2012 Remark: Certified copies (3) of Order for Arrest of Vessel and for Appointment of Substitute Custodian, Warrant of Arrest, Verified Complaint given to U.S. Marshal for service. (eec)
November 5, 2012 Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re: #4 Order, Set Deadlines,, filed by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre)
November 5, 2012 Filing 10 Summons Issued as to John M. Francis, II, John M. Francis, Mary G. Francis. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (eec)
November 2, 2012 Filing 9 NOTICE of Filing Proposed Order by Springleaf Financial Services of Alabama, Inc. re: #7 MOTION to Appoint Substitute Custodian (McPhail, Kent)
November 2, 2012 Filing 8 NOTICE of Filing Proposed Order by Springleaf Financial Services of Alabama, Inc. re: #6 MOTION for Issuance of Arrest Warrant (Warrant of Arrest) (McPhail, Kent)
November 2, 2012 Filing 7 MOTION to Appoint Substitute Custodian by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent)
November 2, 2012 Filing 6 MOTION for Issuance of Arrest Warrant by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent)
November 2, 2012 Filing 5 NOTICE of Filing Proposed Summons by Springleaf Financial Services of Alabama, Inc. for John M. Francis, Mary G. Francis and John M. Francis, II (McPhail, Kent)
October 30, 2012 Opinion or Order Filing 4 Order entered, The plaintiff is ORDERED to SHOW CAUSE no later than November 5, 2012 why a notice pursuant to Local Rule 4.1(c) was not filed and, further, notify the Court as to its intention with regard to the prosecution of this lawsuit. Signed by Magistrate Judge William E. Cassady on 10/29/2012. (eec)
September 12, 2012 Filing 3 Notice of Assignment to Magistrate Judge William E. Cassady for trial. (eec)
September 11, 2012 Filing 2 Evidentiary Material Exhibit A filed by Springleaf Financial Services of Alabama, Inc. re: #1 Complaint. (McPhail, Kent)
September 11, 2012 Filing 1 COMPLAINT Verified against All Defendants ( Filing fee $350 receipt number 1128-1326490, Online Credit Card Payment), filed by Springleaf Financial Services of Alabama, Inc.. (Attachments: #1 Affidavit Verification) (McPhail, Kent) (Additional attachment(s) added on 9/12/2012: #2 Civil Cover Sheet) (eec).

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Search for this case: Springleaf Financial Services of Alabama, Inc. v. The F/V Whitewater et al
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Plaintiff: Springleaf Financial Services of Alabama, Inc. f/d/b/a American General Financial Services of Alabama, Inc.
Represented By: Barre C. Dumas
Represented By: Kasee Sparks Heisterhagen
Represented By: Kent D. McPhail
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Defendant: The F/V Whitewater
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Defendant: John M. Francis
Represented By: Joshua Paul Myrick
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Defendant: Mary G. Francis
Represented By: Joshua Paul Myrick
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Defendant: John M. Francis, II
Represented By: Joshua Paul Myrick
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Not classified by court: Eastern Shore Marine, Inc.
Represented By: A. Clay Rankin, III
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