Caterpillar Financial Services Corporation v. M/V Spirit of Two Thousand & Ten et al
Plaintiff: Caterpillar Financial Services Corporation
Defendant: Does 1-10 and M/V Spirit of Two Thousand & Ten
Counter Defendant: Martin Tutschek, Forum National Investments Ltd. and Daniel Clozza
Case Number: 2:2013cv07384
Filed: October 4, 2013
Court: US District Court for the Central District of California
Presiding Judge: John E McDermott
Referring Judge: John F Walter
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1333
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 15, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2015 Filing 74 JUDGMENT by Judge John F. Walter. IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: JUDGMENT IS ENTERED in favor of plaintiff CATERPILLAR FINANCIAL SERVICES CORPORATION and against FORUM NATIONAL INVESTMENTS, LTD., DANIEL CLOZZA, and MARTIN TUTSCHEK, jointly and severally, in the amount of $5,375,237.23. (See attachment Judgment for further details). The Clerk of the Court is Ordered to enter this judgment forthwith. (MD JS-6, Case Terminated). (jp)
April 8, 2015 Filing 73 NOTICE OF LODGING filed [Proposed] Judgment re Order on Application for Default Judgment, #72 (Kelley, Max)
April 3, 2015 Opinion or Order Filing 72 (IN CHAMBERS): ORDER GRANTING PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT #69 by Judge John F. Walter: Plaintiff'sApplication for Default Judgment is GRANTED. However, Plaintiff has failed to establish the reasonableness of its attorneys' fees, and accordingly awards attorneys' fees in accordance with the schedule in Local Rule 55-3. Plaintiff shall file a proposed Judgment in accordance with this Order on or before April 13, 2015. IT IS SO ORDERED. (jloz)
March 11, 2015 Filing 71 DECLARATION of Chris Oberholtzer re APPLICATION for Default Judgment against defendants Forum National Investments LTD., Daniel Clozza and Martin Tutschek #69 filed by Plaintiff Caterpillar Financial Services Corporation, Counter Defendant Caterpillar Financial Services Corporation. (Attachments: #1 Exhibits 1 - 13)(Kelley, Max)
March 11, 2015 Filing 70 DECLARATION of Marc T. Cefalu re APPLICATION for Default Judgment against defendants Forum National Investments LTD., Daniel Clozza and Martin Tutschek #69 filed by Plaintiff Caterpillar Financial Services Corporation, Counter Defendant Caterpillar Financial Services Corporation. (Kelley, Max)
March 11, 2015 Filing 69 APPLICATION for Default Judgment against defendants Forum National Investments LTD., Daniel Clozza and Martin Tutschek filed by plaintiff Caterpillar Financial Services Corporation. (Kelley, Max)
March 3, 2015 Filing 68 SCHEDULING NOTICE by Judge John F. Walter. In light of the status report #67 filed on March 2, 2015, the hearing set for March 9, 2015 is continued to June 15, 2015 at 8:30 a.m. Counsel shall file a status report on June 8, 2015. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
March 2, 2015 Filing 67 STATUS REPORT filed by Plaintiff Caterpillar Financial Services Corporation. (Cefalu, Marc)
December 23, 2014 Filing 66 DEFAULT BY CLERK ENTERED as to *Counter Defendants Daniel Clozza, Martin Tutschek* (shb)
December 22, 2014 Opinion or Order Filing 65 ORDER by Judge John F. Walter, GRANTUING EX PARTE APPLICATION for Clerk to Enter Default against Defendant Daniel Clozza, Martin Tutschek #62 . The Court hereby authorizes the Clerk to enter default against in personam defendants Daniel Clozza and Martin Tutschek. (shb)
December 9, 2014 Filing 64 NOTICE OF DEFICIENCY Re: EX PARTE APPLICATION for Clerk to Enter Default against Defendant Daniel Clozza, Martin Tutschek #62 . The Clerk cannot enter the requested relief as Request forwarded to assigned Judge for consideration - Clerk is NOT authorized process Default. Due to the complexities in the service of summons and complaint in foreign country. (jp)
December 4, 2014 Opinion or Order Filing 63 MINUTE IN CHAMBERS ORDER GRANTING Plaintiff's Request to Continue Case Management Conference #61 by Judge John F. Walter: The Court GRANTS Plaintiff's request to continue the Case Management Conference and hereby CONTINUES the Case Management Conference to 3/9/2015 at 1:30 PM. Plaintiff shall file a Status Report on or before 3/2/2015. (jp)
December 3, 2014 Filing 62 EX PARTE APPLICATION for Clerk to Enter Default against Defendant Daniel Clozza, Martin Tutschek filed by Plaintiff Caterpillar Financial Services Corporation.(Kelley, Max)
December 3, 2014 Filing 61 STATUS REPORT filed by Plaintiff Caterpillar Financial Services Corporation, Counter Defendant Caterpillar Financial Services Corporation. (Kelley, Max)
November 5, 2014 Filing 60 PROOF OF SERVICE filed by plaintiff/cross-defendant/cross-complainant Caterpillar Financial Services Corporation, on Daniel A. Clozza served on September 25, 2014. (Kelley, Max)
November 5, 2014 Filing 59 PROOF OF SERVICE filed by plaintiff/cross-defendant/cross-complainant Caterpillar Financial Services Corporation, on Martin Tutschek served on September 25, 2014. (Kelley, Max)
October 8, 2014 Filing 58 DEFAULT BY CLERK ENTERED as to Defendant Forum National Investments Ltd. (jp)
September 19, 2014 Opinion or Order Filing 57 ORDER GRANTING Plaintiff's Ex Parte Application for an Order Vacating or Continuing the Trial Date and Related Deadlines #56 by Judge John F. Walter that plaintiff Caterpillar Financial Services Corporations Unopposed Ex Parte Application for an Order Vacating or Continuing the Trial Date is GRANTED. The October 21, 2014 trial date is vacated. A further Case Management Conference is scheduled for December 8, 2014 at 1:30 PM. A Status Report shall be filed on December 3, 2014. (jp)
September 18, 2014 Filing 56 EX PARTE APPLICATION to Continue Trial from October 21, 2014 filed by plaintiff/cross-defendant Caterpillar Financial Services Corporation. (Attachments: #1 Proposed Order)(Cefalu, Marc)
September 15, 2014 Filing 55 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Forum National Investments Ltd #54 . The Clerk cannot enter the requested relief as Request forwarded to assigned Judge for consideration - Clerk is NOT authorized process Default. Due to the complexities in the service of summons and complaint of corporation and individuals in foreign country. (jp)
September 12, 2014 Filing 54 REQUEST for Clerk to Enter Default against Defendant Forum National Investments Ltd. filed by Plaintiff Caterpillar Financial Services Corporation. (Kelley, Max)
September 10, 2014 Filing 53 PROOF OF SERVICE Executed by Plaintiff Caterpillar Financial Services Corporation, upon Defendant Forum National Investments Ltd. served on 7/17/2014, answer due 8/7/2014. Service of the Summons and Complaint were executed upon Vanja Likic/Travel Supervisor in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons returned. (Kelley, Max)
July 1, 2014 Filing 52 PROCESS RECEIPT AND RETURN (USM-285) of Release of Vessel returned executed upon M/V Spirit of Two Thousand & Ten Official No. 806696, its engines, tackle, machinery, furniture, apparel, appurtenances, etc., in rem, et al., on 6/5/3014. Remarks: Vessel Released to Chris Oberholtzer agent. Total Deputy Time 1 hr at $65.00. (jp)
July 1, 2014 Filing 51 PROCESS RECEIPT AND RETURN (USM-285) of Sale of Vessel returned executed upon M/V Spirit of Two Thousand & Ten Official No. 806696, its engines, tackle, machinery, furniture, apparel, appurtenances, etc., in rem, et al., on 6/2/2014. Remarks: Conduct Sale June 5, 2014. Vessell sold to Chris Oberholtzer for Caterpilla. Value of sale $400,000.00. Total Deputy Time 1 hrs; Mileage 1 mile at.56. Credit Bid. (jp)
June 3, 2014 Filing 50 SERVICE by Publication filed by Plaintiff/Cross-Defendant/Cross-Complainant Caterpillar Financial Services Corporation. Dates of publication are: 05/21/2014, 05/22/2014, 05/23/2014, 05/27/2014, 05/28/2014, 05/29/2014, 05/30/2014. (Kelley, Max)
May 21, 2014 Filing 49 DECLARATION of Chris Oberholtzer In Support Of Plaintiff Caterpillar Financial Services Corporation's Credit Bid filed by Plaintiff Caterpillar Financial Services Corporation. (Kelley, Max)
April 14, 2014 Opinion or Order Filing 48 ORDER GRANTING Plaintiff's MOTION for Interlocutory Sale #43 by Judge John F. Walter. (jp)
April 14, 2014 Opinion or Order Filing 47 MINUTES (IN CHAMBERS) ORDER GRANTING Plaintiff Motion for Interlocutory Sale #43 by Judge John F. Walter: In light of the non-opposition to Plaintiff's Motion for Interlocutory Sale, Plaintiff's Motion for Interlocutory Sale is GRANTED. The Court signs, as modified, the Proposed Order Granting Plaintiff's Motion for Interlocutory Sale lodged with the Court. (jp)
April 7, 2014 Filing 46 NOTICE OF NON-OPPOSITION to MOTION for Order of Sale re: in rem defendant vessel M/V SPIRIT OF 2010 (Interlocutory) #43 for Claimant Forum National Investements Ltd. filed by Defendant M/V Spirit of Two Thousand & Ten. (Mirkovich, Joseph)
March 27, 2014 Filing 45 DECLARATION of F. Lee Frain, Jr. in support of MOTION for Order of Sale re: in rem defendant vessel M/V SPIRIT OF 2010 (Interlocutory) #43 filed by Plaintiff Caterpillar Financial Services Corporation. (Kelley, Max)
March 27, 2014 Filing 44 DECLARATION of Max L. Kelley in support of MOTION for Order of Sale re: in rem defendant vessel M/V SPIRIT OF 2010 (Interlocutory) #43 filed by Plaintiff Caterpillar Financial Services Corporation. (Kelley, Max)
March 27, 2014 Filing 43 NOTICE OF MOTION AND MOTION for Order of Sale re: in rem defendant vessel M/V SPIRIT OF 2010 (Interlocutory) filed by Plaintiff Caterpillar Financial Services Corporation. Motion set for hearing on 4/28/2014 at 01:30 PM before Judge John F. Walter. (Kelley, Max)
January 28, 2014 Filing 42 21 DAY Summons Issued re First Amended Complaint #41 as to defendants M/V Spirit of Two Thousand & Ten. (jp)
January 27, 2014 Filing 41 FIRST AMENDED COMPLAINT against Forum National Investments Ltd., Daniel Clozza, Martin Tutschek amending Complaint #1 , filed by plaintiff Caterpillar Financial Services Corporation. (jp) (Additional attachment(s) added on 1/28/2014: #1 Exhibits 7 - 13, #2 Summons, #3 Original Summons) (jp).
January 22, 2014 Filing 40 MINUTES (IN CHAMBERS) by Judge John F. Walter: ORDER GRANTING Plaintiff's Motion for Leave to File an Amended Complaint and to Add Parties #34 . Plaintiff shall file its proposed First Amended Complaint on or before 1/27/2014. To the extent Daniel Clozza and Martin Tutschek contend that they have not consented to the personal jurisdiction of this Court, they may file a regularly noticed motion to dismiss for lack of personal jurisdiction. (jp)
January 17, 2014 Filing 39 REPLY to Oppposition to MOTION to AMEND Complaint And To Add Parties #34 filed by Plaintiff Caterpillar Financial Services Corporation, Counter Defendant Caterpillar Financial Services Corporation. (Attorney Max Lee Kelley added to party Caterpillar Financial Services Corporation(pty:cd))(Kelley, Max)
January 13, 2014 Filing 38 Opposition In opposition to re: MOTION to AMEND Complaint And To Add Parties #34 filed by Defendant M/V Spirit of Two Thousand & Ten. (Attachments: #1 Declaration of Daniel A. Clozza, #2 Declaration of Martin Tutschek)(Mirkovich, Joseph)
January 6, 2014 Filing 37 NOTICE OF LODGING filed [Proposed] First Amended Complaint re MOTION to AMEND Complaint And To Add Parties #34 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Cefalu, Marc)
January 6, 2014 Filing 36 DECLARATION re MOTION to AMEND Complaint And To Add Parties #34 Of Marc T. Cefalu filed by Plaintiff Caterpillar Financial Services Corporation, Counter Defendant Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cefalu, Marc)
January 6, 2014 Filing 35 MEMORANDUM of Points and Authorities in Support filed by Plaintiff Caterpillar Financial Services Corporation. Re: MOTION to AMEND Complaint And To Add Parties #34 (Cefalu, Marc)
January 6, 2014 Filing 34 NOTICE OF MOTION AND MOTION to AMEND Complaint And To Add Parties filed by Plaintiff Caterpillar Financial Services Corporation. Motion set for hearing on 2/3/2014 at 01:30 PM before Judge John F. Walter. (Attorney Marc T Cefalu added to party Caterpillar Financial Services Corporation(pty:cd))(Cefalu, Marc)
January 6, 2014 Filing 33 NOTICE Of Change Of Firm Name filed by Plaintiff/Cross-Defendant/Cross-Complainant Caterpillar Financial Services Corporation. (Cefalu, Marc)
December 17, 2013 Opinion or Order Filing 32 SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (jloz)
December 17, 2013 Opinion or Order Filing 31 ORDER/REFERRAL to ADR Procedure No 3 by Judge John F. Walter. The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. 26(f) and Civil L.R. 26-1, hereby ORDERS this case referred to ADR PROCEDURE No. 3: Private Mediation. The ADR Proceeding is to be completed no later than June 3, 2014. (jloz)
December 17, 2013 Opinion or Order Filing 30 ORDER VACATING SCHEDULING CONFERENCE by Judge John F. Walter. The Court has reviewed the parties Joint 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on December 30, 2013 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY
December 16, 2013 Filing 29 REPORT of Of Meeting Under Rule 26(f) filed by Plaintiff Caterpillar Financial Services Corporation, Counter Defendant Forum National Investments Ltd.. (Cefalu, Marc)
December 10, 2013 Opinion or Order Filing 28 TEXT ENTRY ORDER by Judge John F. Walter re: Counterclaim, #26 - Counterclaim is stricken [see Notice of Deficiency in Electronically Filed Documents (G-112) #27 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
December 10, 2013 Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Counterclaim #26 . The following error(s) was found: An initiating document was filed in this case. Pursuant to Local Rule 3-2, initiating documents (including Counterclaim) shall be manually filed. This case is not exempted from Local Rule 3-2 and is not eligible for the Attorney Case-Opening Pilot Project as set forth in Amended General Order 13-01. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp)
December 9, 2013 Filing 26 COUNTERCLAIM against Counter Defendant Forum National Investments Ltd., Daniel Clozza, Martin Tutschek, filed by Plaintiff Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cefalu, Marc)
December 9, 2013 Filing 25 ANSWER To Forum National Investments Ltd.'s Verified Counterclaim filed by Plaintiff Caterpillar Financial Services Corporation.(Cefalu, Marc)
November 20, 2013 Opinion or Order Filing 24 ORDER RE: STIPULATED REQUEST FOR ORDER AUTHORIZING VESSEL SURVEY by Judge John F. Walter, re Stipulation for Order #23 . See Order for details. (jloz)
November 19, 2013 Filing 23 STIPULATION for Order Authorizing Vessel Survey filed by Plaintiff Caterpillar Financial Services Corporation. (Attachments: #1 Proposed Order)(Cefalu, Marc)
November 14, 2013 Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #20 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies.Other error(s) with document(s) are specified below. Other error(s) with document(s): Pursuant toLocal Rule 3-2, initiating documents such as Counterclaims are to be manually filed at the civil intake window.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp)
November 12, 2013 Opinion or Order Filing 21 COURT ORDER by Judge John F. Walter: Scheduling Conference set for 12/30/2013 at 08:30 AM before Judge John F. Walter. Counsel are directed to file a Joint Report on or before December 16, 2013. (jloz)
November 8, 2013 Filing 20 ANSWER to Complaint - (Discovery), #1 filed by Claimant/Crossclaimant M/V Spirit of Two Thousand & Ten.(Attorney Joseph N Mirkovich added to party M/V Spirit of Two Thousand & Ten(pty:dft))(Mirkovich, Joseph)
October 31, 2013 Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #13 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Pursuant to Local Rule 3-2, initiating pleadings such as Claims are to be manually filed at the civil intake window.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp)
October 25, 2013 Filing 18 DECLARATION of Joseph N. Mirkovich re Miscellaneous Document #13 Declaration of Lead Trial Counsel Re: Compliance with General Order Authorizing Electronic Filing filed by Defendant M/V Spirit of Two Thousand & Ten. (Mirkovich, Joseph)
October 23, 2013 Filing 15 DECLARATION Of Lead Trial Counsel Re: Compliance With General Order Authorizing Electronic Filing filed by Plaintiff Caterpillar Financial Services Corporation. (Cefalu, Marc)
October 22, 2013 Filing 14 NOTICE Of Arrest And Proof Of Publication filed by Plaintiff Caterpillar Financial Services Corporation. (Kelley, Max)
October 21, 2013 Filing 17 PROCESS RECEIPT AND RETURN (USM-285): See Vessel Arrest USM 285. (bp)
October 18, 2013 Filing 13 Forum National Investments Claim to the Vessel filed by Defendant M/V Spirit of Two Thousand & Ten re: EX PARTE APPLICATION for Order for DIRECTING THE ISSUANCE OF A WARRANT OF MARITIME ARREST #2 (Mirkovich, Joseph)
October 11, 2013 Filing 16 PROCESS RECEIPT AND RETURN (USM-285): Vessel Seized and turned over to substitute custodian: (bp)
October 8, 2013 Opinion or Order Filing 11 STANDING ORDER (See document for further details) by Judge John F. Walter. (ir)
October 7, 2013 Opinion or Order Filing 10 ORDER by Magistrate Judge John E. McDermott: granting #3 Ex Parte Application to Appoint Substitute Custodian. See order for details. (jy)
October 7, 2013 Opinion or Order Filing 9 ORDER by Magistrate Judge John E. McDermott: granting #2 Ex Parte Application for Arrest Warrant. See order for details. (jy)
October 4, 2013 Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(car)
October 4, 2013 Filing 7 NOTICE OF REQUEST FOR REVIEW OF MARITIME ARREST filed by Plaintiff Caterpillar Financial Services Corporation. (car)
October 4, 2013 Filing 6 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Caterpillar Financial Services Corporation, identifying Other Affiliate Forum National Investments, Ltd., Other Affiliate Daniel Clozza, Other Affiliate Martin Tutschek for Caterpillar Financial Services Corporation. (car)
October 4, 2013 Filing 5 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant M/V Spirit of Two Thousand & Ten. (car)
October 4, 2013 Filing 4 DECLARATION of Bill O'Dell In Support of Ex Parte Application For Appointment As Substitute Custodian #3 , filed by Plaintiff Caterpillar Financial Services Corporation. (car)
October 4, 2013 Filing 3 PLAINTIFF'S EX PARTE APPLICATION for an Order Appointing Substitute Custodian National Maritime Services, Inc. in place of The U.S. Marshal, filed by Caterpillar Financial Services Corporation. Lodged Proposed Order.(car)
October 4, 2013 Filing 2 PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER DIRECTING THE ISSUANCE OF A WARRANT OF MARITIME ARREST filed by Caterpillar Financial Services Corporation. Lodged Proposed Order.(car)
October 4, 2013 Filing 1 COMPLAINT against Defendants Does 1-10, M/V Spirit of Two Thousand & Ten. Case assigned to Judge John F. Walter for all further proceedings. Discovery referred to Magistrate Judge John E. McDermott.(Filing fee $ 400 PAID), filed by plaintiff Caterpillar Financial Services Corporation. (Attachments: #1 Part 2 of Complaint)(car)

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Search for this case: Caterpillar Financial Services Corporation v. M/V Spirit of Two Thousand & Ten et al
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Defendant: Does 1-10
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Defendant: M/V Spirit of Two Thousand & Ten
Represented By: Joseph N Mirkovich
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Plaintiff: Caterpillar Financial Services Corporation
Represented By: Max Lee Kelley
Represented By: Marc T Cefalu
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Counter defendant: Martin Tutschek
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Counter defendant: Forum National Investments Ltd.
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Counter defendant: Daniel Clozza
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