(PS) De Lage Landen Financial Services, Inc. v. Sibley
| De Lage Landen Financial Services, Inc. |
| Troy Finks, Perice Sibley, Prosper Equity Inc., a Wyoming Corporation, Prosper Equity Inc., a Virginia Corporation and Capital Mailing Services, Inc. |
| 2:2018cv02664 |
| October 1, 2018 |
| US District Court for the Eastern District of California |
| Edmund F Brennan |
| John A Mendez |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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| Filing 41 CASE CLOSED pursuant to #38 Stipulation of Dismissal and #39 Notice of Voluntary Dismissal. (TEXT ONLY ENTRY) (Donati, J) |
| SERVICE BY MAIL: 41 Case Closed served on Perice Sibley. (Donati, J) |
| Filing 40 CERTIFICATE of SERVICE by De Lage Landen Financial Services, Inc. re #39 Notice of Voluntary Dismissal, #38 Stipulation. (Whiteford, Kevin) |
| Filing 39 NOTICE of VOLUNTARY DISMISSAL by De Lage Landen Financial Services, Inc.. (Whiteford, Kevin) |
| Filing 38 STIPULATION for Dismissal of Defendants Perice Sibley, Capital Mailing Services, Inc., and Prosper Equity, Inc., a Virginia corporation by De Lage Landen Financial Services, Inc. (Whiteford, Kevin) |
| Filing 37 CLERK'S NOTICE: Pursuant to the 36 Amended Minute Order, the #34 Default Judgment is hereby VACATED. The #34 Default Judgment was ISSUED IN ERROR. [TEXT ONLY ENTRY] (Donati, J) |
| Filing 36 AMENDED MINUTE ORDER: William W. Winters, counsel for Defendant Perice Sibley moves for permission to withdraw as counsel of record. ECF No. 32. No party has filed an opposition or a statement of non-opposition to the motion. Having read and considered the pleadings, the Court finds Defendant Sibleys counsel has satisfied the requirements of Local Rule 182(d) and California Rules of Professional Conduct Rule 3-700. Good cause having been shown, the Court GRANTS the motion to withdraw. The Clerk entered the default of Defendants Capital Mailing Services, Inc., ECF No. 16; Troy Finks, ECF No. 24; Prosper Equity Inc., a Virginia Corporation, ECF No. 25; Prosper Equity Inc., a Wyoming Corporation, ECF No. 26. Because Defendant Sibley is now appearing in propria persona, this matter is referred to the assigned Magistrate Judge for all pending and future proceedings. E.D. Cal. L.R. 302(c)(21). IT IS SO ORDERED. (TEXT ENTRY ONLY)(Vine, H) |
| SERVICE BY MAIL: 37 Clerk's Notice, 36 Minute Order served on Perice Sibley. (Donati, J) |
| Filing 35 CLERK'S NOTICE: Pursuant to 33 Minute Order granting Withdrawal of Counsel. This case has been referred to Magistrate Judge Edmund F. Brennan pursuant to Local Rule 302(c)(21). (TEXT ONLY ENTRY) (Donati, J) |
Filing 34
[VACATED pursuant to 36 Amended Minute Order and 37 Clerks Notice] DEFAULT JUDGMENT pursuant to 33 Minute Order signed by District Judge John A. Mendez on 4/26/2019 against Prosper Equity Inc., a Wyoming Corporation, Troy Finks, Capital Mailing Services, Inc., Prosper Equity Inc., a Virginia Corporation. Prosper Equity Inc., a Virginia Corporation, Prosper Equity Inc., a Wyoming Corporation, Capital Mailing Services, Inc. and Troy Finks terminated. (Donati, J) Modified on 5/8/2019 (Donati, J).
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| SERVICE BY MAIL: 33 Minute Order, #34 Default Judgment and 35 Clerk's Notice served on Perice Sibley. (Donati, J) |
| Filing 33 MINUTE ORDER: William W. Winters, counsel for Defendant Perice Sibley moves for permission to withdraw as counsel of record. ECF No. 32. No party has filed an opposition or a statement of non-opposition to the motion. Having read and considered the pleadings, the Court finds Defendant Sibleys counsel has satisfied the requirements of Local Rule 182(d) and California Rules of Professional Conduct Rule 3-700. Good cause having been shown, the Court GRANTS the motion to withdraw. The Clerk has granted default judgment against Capital Mailing Services, Inc., ECF No. 16; Troy Finks, ECF No. 24; Prosper Equity Inc., a Virginia Corporation, ECF No. 25; Prosper Equity Inc., a Wyoming Corporation, ECF No. 26. Defendant Sibley is the only remaining defendant in the case. Because Defendant Sibley is now appearing in propria persona, this matter is referred to the assigned Magistrate Judge for all pending and future proceedings. E.D. Cal. L.R. 302(c)(21). All pending dates before Judge Mendez are vacated. IT IS SO ORDERED. (TEXT ENTRY ONLY)(Vine, H) |
| Filing 32 MOTION to WITHDRAW as Counsel by Perice Sibley. Motion Hearing set for 5/7/2019 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Proof of Service)(Winters, William) Modified on 3/22/2019 (Huang, H). |
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Filing 31
STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge John A. Mendez on 12/12/2018 ORDERING: Expert witness disclosures filed by 6/28/2019; Supplemental disclosure and disclosure of any rebuttal experts filed by 7/12/2019; Discovery due by 8/30/2019; Dispositive Motions filed by 10/8/2019; Motion Hearing set for 11/5/2019 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez; Final Pretrial Conference set for 1/10/2020 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; Jury Trial set for 2/24/2020 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Coll, A)
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| Filing 30 JOINT STATUS REPORT by De Lage Landen Financial Services, Inc.. (Whiteford, Kevin) |
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Filing 29
ORDER signed by District Judge John A. Mendez on 11/29/18 ORDERING that the entry of default against Perice Sibley on 11/15/18 2018 shall be set aside and Defendant's Answer to Plaintiff's Complaint shall be accepted. (Kastilahn, A)
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| Filing 28 PROPOSED ORDER re #27 Stipulation by Perice Sibley. (Winters, William) Modified on 11/29/2018 (York, M). |
| Filing 27 STIPULATION to SET ASIDE #17 Clerk's Entry of Default by Perice Sibley. Attorney Winters, William Wallace added. (Attachments: #1 Answer to Complaint)(Winters, William) Modified on 11/29/2018 (York, M). |
| Filing 26 CLERK'S ENTRY OF DEFAULT as to *Prosper Equity Inc., a Wyoming Corporation*. (York, M) |
| Filing 25 CLERK'S ENTRY OF DEFAULT as to *Prosper Equity Inc., a Virginia Corporation*. (York, M) |
| Filing 24 CLERK'S ENTRY OF DEFAULT as to *Troy Finks*. (York, M) |
| Filing 23 CERTIFICATE of SERVICE by De Lage Landen Financial Services, Inc. re #22 Request for Entry of Default. (Whiteford, Kevin) |
| Filing 22 REQUEST FOR ENTRY OF DEFAULT as to Prosper Equity Inc., a Wyoming Corporation by De Lage Landen Financial Services, Inc. (Whiteford, Kevin) |
| Filing 21 CERTIFICATE of SERVICE by De Lage Landen Financial Services, Inc. re #20 Request for Entry of Default. (Whiteford, Kevin) |
| Filing 20 REQUEST FOR ENTRY OF DEFAULT as to Prosper Equity Inc., a Virginia Corporation by De Lage Landen Financial Services, Inc. (Whiteford, Kevin) |
| Filing 19 CERTIFICATE of SERVICE by De Lage Landen Financial Services, Inc. re #18 Request for Entry of Default. (Whiteford, Kevin) |
| Filing 18 REQUEST FOR ENTRY OF DEFAULT as to Troy Finks by De Lage Landen Financial Services, Inc. (Whiteford, Kevin) |
| Filing 17 (SET ASIDE per #29 Order) CLERK'S ENTRY OF DEFAULT as to *Perice Sibley*. (York, M) Modified on 11/29/2018 (Kastilahn, A). |
| Filing 16 CLERK'S ENTRY OF DEFAULT as to *Capital Mailing Services, Inc.*. (York, M) |
| Filing 15 CERTIFICATE of SERVICE by De Lage Landen Financial Services, Inc. re #14 Request for Entry of Default. (Whiteford, Kevin) |
| Filing 14 REQUEST FOR ENTRY OF DEFAULT as to Perice Sibley by De Lage Landen Financial Services, Inc.. (Whiteford, Kevin) |
| Filing 13 CERTIFICATE of SERVICE by De Lage Landen Financial Services, Inc. re #12 Request for Entry of Default. (Whiteford, Kevin) |
| Filing 12 REQUEST FOR ENTRY OF DEFAULT as to Capital Mailing Services, Inc. by De Lage Landen Financial Services, Inc.. (Whiteford, Kevin) |
| Filing 11 SUMMONS RETURNED EXECUTED: Prosper Equity Inc., served on 10/15/18. (Whiteford, Kevin) Modified on 11/6/2018 (Kastilahn, A). |
| Filing 10 SUMMONS RETURNED EXECUTED: Prosper Equity Inc., a Wyoming Corporation served on 10/4/18. (Whiteford, Kevin) Modified on 11/6/2018 (Kastilahn, A). |
| Filing 9 SUMMONS RETURNED EXECUTED: Prosper Equity Inc., a Virginia Corporation served on 10/16/2018. (Whiteford, Kevin) Modified on 11/6/2018 (Kastilahn, A). |
| Filing 8 SUMMONS RETURNED EXECUTED: Prosper Equity Inc., a Virginia Corporation served on 10/09/2018. (Whiteford, Kevin) Modified on 11/6/2018 (Kastilahn, A). |
| Filing 7 SUMMONS RETURNED EXECUTED: Troy Finks served on 10/12/2018. (Whiteford, Kevin) Modified on 11/6/2018 (Kastilahn, A). |
| Filing 6 SUMMONS RETURNED EXECUTED: Troy Finks served on 10/23/2018, answer due 11/13/2018. (Whiteford, Kevin) Modified on 11/6/2018 (Reader, L). |
| Filing 5 SUMMONS RETURNED EXECUTED: Perice Sibley served on 10/17/2018, answer due 11/7/2018. (Whiteford, Kevin) |
| Filing 4 SUMMONS RETURNED EXECUTED: Capital Mailing Services, Inc. served on 10/17/2018, answer due 11/7/2018. (Whiteford, Kevin) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Kaminski, H) |
| Filing 2 SUMMONS ISSUED as to *Capital Mailing Services, Inc., Troy Finks, Prosper Equity Inc., a Virginia Corporation, Prosper Equity Inc., a Wyoming Corporation, Perice Sibley* with answer to complaint due within *21* days. Attorney *Kevin P Whiteford* *Serlin & Whiteford, LLP* *701 E Street* *Sacramento, CA 95814*. (Kaminski, H) |
| Filing 1 COMPLAINT against All Defendants by De Lage Landen Financial Services, Inc.. Attorney Whiteford, Kevin P added. (Filing fee $ 400, receipt number 0972-7896990) (Attachments: #1 Civil Cover Sheet)(Whiteford, Kevin) |
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