JLG Enterprises, Inc. v. Excalibur Sires, Inc.
JLG Enterprises, Inc. |
Excalibur Sires, Inc. |
1:2010cv02138 |
November 15, 2010 |
US District Court for the Eastern District of California |
Fresno Office |
Stanislaus |
Anthony W. Ishii |
Sheila K. Oberto |
Other Contract |
28 U.S.C. ยง 1332 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 85 DEFAULT JUDGMENT. (Verduzco, M) |
Filing 84 ORDER Adopting 81 Findings and Recommendations that Defendant's Counterclaim be Dismissed and that Default Judgment be Entered in Favor of Plaintiff, signed by Chief Judge Anthony W. Ishii on 12/14/11. CASE CLOSED. (Verduzco, M) |
Filing 81 FINDINGS and RECOMMENDATIONS recommending that 1) JLG's request for a terminating sanction be GRANTED; 2) Excalibur's counterclaim be DISMISSED WITH PREJUDICE; 3) DEFAULT JUDGMENT be ENTERED against Excalibur and in favor of JLG as follows: a. Monetary damages in the amount of $160,964.51; b. Interest at 10% in the amount of $18,301.50; c. Costs associated with the Court approved sale of livestock in the amount of $3,814.06; and d. Additional costs in the amount of $657.15. 4) The proceeds of the livestock sale currently deposited with the Clerk of the Court in the amount of $30,725.00 (plus any interest) be released to JLG and deducted from the amount of the final judgment. Matter referred to Judge Ishii; Objections to F&R due within twenty (20) days of service of this recommendation, signed by Magistrate Judge Sheila K. Oberto on 11/9/2011. (Timken, A) |
Filing 78 ORDER GRANTING JLG's request for attorney's fees based on Excalibur's failure to comply with discovery. JLG's request for attorney's fees in connection with its motion to compel is GRANTED in the amount of $1,860.00 against Excalibur. Order signed by Magistrate Judge Sheila K. Oberto on 10/11/2011. (Timken, A) |
Filing 72 ORDER to SHOW CAUSE by Excalibur as to why default judgment should not be entered in favor of JLG and why Excalibur's counterclaim should not be dismissed; ORDER requiring JLG to submit proof of amount of damages sought in default judgment. Wit hin ten (10) days after service of this order, JLG shall submit proof of its damages for the amount sought in default judgment, including supporting declarations and documentation; Within twenty (20) days after service of this order, Excalibur is ORD ERED to show cause in writing as to why default judgment should not be entered against Excalibur in favor of JLG and why Excalibur's counterclaim should not be dismissed with prejudice due to Excalibur's failure to provide discovery respons es and failure to comply with the Court's June 27, 2011, discovery order and August 12, 2011, order to show cause; Excalibur's counsel is DIRECTED to take all reasonable actions to effect service of this order upon Excalibur; and Excalibur is warned that the Court will recommend the imposition of a case terminating sanction entering default judgment in favor of JLG and dismissing Excalibur's counterclaim with prejudice if Excalibur fails to comply with this order. Order signed by Magistrate Judge Sheila K. Oberto on 9/9/2011. (Timken, A) |
Filing 70 ORDER to SHOW CAUSE why sanctions should not be imposed for failure to comply with the Court's order. Within 10 days after service of this order, Excalibur is ORDERED to SHOW CAUSE in writing why monetary sanctions or default judgment should no t be imposed for its failure to comply with the Court's June 27, 2011, discovery order; Excalibur's counsel it DIRECTED to take all reasonable actions to effect service of this order upon Excalibur; Within 5 days after service of this order , JLG shall submit a statement of its reasonable expenses, including attorney's fees, incurred as a result of Excalibur's failure to comply with the Court's June 27, 2011, order; and Excalibur is cautioned that the case terminating sanction of default judgment may be recommended to the District Judge, particularly if Excalibur fails to comply with this order. Order signed by Magistrate Judge Sheila K. Oberto on 8/12/2011. (Timken, A) |
Filing 67 ORDER GRANTING in part and DENYING in part as moot 60 Plaintiff JLG Enterprises, Inc.'s Motion to Compel, signed by Magistrate Judge Sheila K. Oberto on 6/24/2011. (Timken, A) |
Filing 56 STIPULATION and ORDER re First Amended Answer and Counter Claim signed by Magistrate Judge Sheila K. Oberto on 4/4/2011. (Timken, A) |
Filing 52 ORDER authorizing sale of livestock signed by Magistrate Judge Sheila K. Oberto on 3/31/2011. (Timken, A) |
Filing 49 ORDER GRANTING 19 Motion to sell livestock signed by Magistrate Judge Sheila K. Oberto on 3/22/2011. (Timken, A) |
Filing 30 ORDER CONTINUING HEARING and ORDER TO SHOW CAUSE. Plaintiff's Motion Authorizing the Sale of Livestock 19 currently set for hearing on 1/19/2011 is CONTINUED to 1/26/2011 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. O berto. A PERSONAL APPEARANCE by both parties (or their designated counsel) IS REQUIRED. No request for a telephonic appearance will be entertained. No further documents related to this motion shall be filed without leave of Court and at the January 26, 2011, hearing, the parties will be required to SHOW CAUSE why sanctions should not be imposed for the failure to comply with the Local Rules. Order signed by Magistrate Judge Sheila K. Oberto on 1/18/2010. (Timken, A) |
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Plaintiff: JLG Enterprises, Inc. | |
Represented By: | Fred A. Silva |
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Defendant: Excalibur Sires, Inc. | |
Represented By: | Kent Jeffrey Schmidt |
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