JLG Enterprises, Inc. v. Excalibur Sires, Inc.
Plaintiff: JLG Enterprises, Inc.
Defendant: Excalibur Sires, Inc.
Case Number: 1:2010cv02138
Filed: November 15, 2010
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Stanislaus
Presiding Judge: Anthony W. Ishii
Presiding Judge: Sheila K. Oberto
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
December 21, 2011 Opinion or Order Filing 85 DEFAULT JUDGMENT. (Verduzco, M)
December 15, 2011 Opinion or Order 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)
November 14, 2011 Opinion or Order 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)
October 12, 2011 Opinion or Order 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)
September 9, 2011 Opinion or Order 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)
August 12, 2011 Opinion or Order 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)
June 27, 2011 Opinion or Order 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)
April 4, 2011 Opinion or Order 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)
March 31, 2011 Opinion or Order Filing 52 ORDER authorizing sale of livestock signed by Magistrate Judge Sheila K. Oberto on 3/31/2011. (Timken, A)
March 22, 2011 Opinion or Order Filing 49 ORDER GRANTING 19 Motion to sell livestock signed by Magistrate Judge Sheila K. Oberto on 3/22/2011. (Timken, A)
January 18, 2011 Opinion or Order 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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