Caterpillar Financial Services Corporation v. Venequip Machinery Sales Corporation
| Caterpillar Financial Services Corporation |
| Venequip Machinery Sales Corporation |
| 1:2022cv23002 |
| September 20, 2022 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.
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Filing 58
First REPLY TO DEFENDANT'S OPPOSITION re #57 RESPONSE in Opposition, #54 Plaintiff's MOTION to Alter Judgment or in the Alternative, Motion for Relief from Judgment and Memorandum of Law filed by Caterpillar Financial Services Corporation. (Corghi, Maria) Modified document link on 9/5/2023 (ebz).
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Filing 57
RESPONSE in Opposition re #54 Plaintiff's MOTION to Alter Judgment or in the Alternative, Motion for Relief from Judgment and Memorandum of Law filed by Venequip Machinery Sales Corporation. Replies due by 9/1/2023. (Attachments: #1 Exhibit A)(Diaz, Gabriel)
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Filing 56
PAPERLESS ORDER: The Court grants #55 , counsel's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Jordan D. Peterson is given permission to appear and participate in this matter on behalf of the Plaintiff, Caterpillar Financial Services Corporation. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the Motion. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 55
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jordan D. Peterson. Filing Fee $ 200.00 Receipt # AFLSDC-16837592 by Caterpillar Financial Services Corporation. Responses due by 8/25/2023 (Attachments: #1 Certification Jordan Peterson, #2 Text of Proposed Order Granting Motion to Appear Pro hac Vice)(Corghi, Maria)
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Filing 54
Plaintiff's MOTION to Alter Judgment or in the Alternative, Motion for Relief from Judgment and Memorandum of Law by Caterpillar Financial Services Corporation. Responses due by 8/25/2023 (Attachments: #1 Exhibit 1 - Proposed Amended Complaint)(Corghi, Maria)
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Filing 53
JUDGMENT. The Court has dismissed this case. (Order, ECF No. 52.) The Court now enters judgment in favor of the Defendant Venequip Machinery Sales Corp., and against the Plaintiff Caterpillar Financial Services Corp., as required by Federal Rule of Civil Procedure 58. The Court directs the Clerk to close this case. Signed by Judge Robert N. Scola, Jr on 7/14/2023. See attached document for full details. (nan).
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Filing 52
ORDER ADOPTING #44 REPORT AND RECOMMENDATIONS, granting #22 Motion to Dismiss Complaint. The Court denies the CFSC's request for leave to amend. Signed by Judge Robert N. Scola, Jr on 7/13/2023. See attached document for full details. (nan) Modified text on 7/14/2023 (pes).
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Filing 51
RESPONSE TO ORDER TO SHOW CAUSE re #50 Order to Show Cause,,, by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Declaration of James Rooney, #2 Exhibit B - Annual Report Filings, #3 Exhibit C - VMSC 2022 Complaint)(Corghi, Maria)
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Filing 50
Order to Show Cause Why This Case Should Not Be Dismissed for Lack of Subject Matter Jurisdiction. In sum, having examined the complaint, the Court finds the jurisdictional allegations to be lacking. Based on the present allegations, the Court is unable to fully satisfy itself that it has subject matter jurisdiction over this controversy. Accordingly, it is hereby ordered that by June 22, 2023, Sterling shall show cause why this matter should not be dismissed for lack of subject matter jurisdiction. Failure to respond within this timeframe will result in dismissal of this action without prejudice, without further notice. (Show Cause Response due by 6/22/2023). Signed by Judge Robert N. Scola, Jr on 6/15/2023. See attached document for full details. (nan) Modified text on 6/16/2023 (nan).
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Filing 49
STATUS REPORT Interim Joint Status Report by Caterpillar Financial Services Corporation (Corghi, Maria)
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Filing 48
Defendant's RESPONSE to #45 Objections to Report and Recommendations by Venequip Machinery Sales Corporation. (Cobos, Evelyn)
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Filing 47
PAERLES ORDER: The Court grants #46 the parties' joint motion to stay discovery pending the Court's ruling on #44 Magistrate Judge Goodman's report and recommendation. Discovery is temporarily stayed pending the Court's consideration of the report and recommendation and the Plaintiff's objections thereto. In addition, the Court adopts the scheduling discovery plan set forth in the parties' joint motion. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 46
Joint MOTION to Stay of Discovery Pending District Court's Ruling on the Magistrate Judge's R&R on Defendant's Motion for International Abstention Stay and/or Motion to Dismiss and Plaintiff's Objections Thereto by Venequip Machinery Sales Corporation. Responses due by 5/5/2023 (Attachments: #1 Text of Proposed Order)(Cobos, Evelyn)
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Filing 45
OBJECTIONS to #44 Report and Recommendations ON DEFENDANTS MOTION TO DISMISS OR ALTERNATIVELY STAY by Caterpillar Financial Services Corporation. (Corghi, Maria)
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Filing 44
REPORT AND RECOMMENDATIONS regarding #22 Defendant's Motion for International Abstention Stay and/or Motion to Dismiss. Objections to R&R due by 4/14/2023. Signed by Magistrate Judge Jonathan Goodman on 3/31/2023. See attached document for full details. (dw00)
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Filing 43
TRANSCRIPT of Official Electronic Sound Recording of Proceedings held on 2/2/2023 before Magistrate Judge Jonathan Goodman, 1 - 33 pages, Court Reporter: James Pence-Aviles, 619-587-0173 / James_PenceAviles@casd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/16/2023. Redacted Transcript Deadline set for 3/27/2023. Release of Transcript Restriction set for 5/24/2023. (Pence-Aviles, James)
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Filing 42
Defendant's REPLY to #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law by Venequip Machinery Sales Corporation. (Cobos, Evelyn)
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Filing 41
ORDER Denying #26 Defendant's Motion to Temporarily Stay Discovery. Signed by Magistrate Judge Jonathan Goodman on 2/9/2023. See attached document for full details. (dw00)
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Filing 40
RESPONSE in Opposition re #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law filed by Caterpillar Financial Services Corporation. Replies due by 2/15/2023. (Attachments: #1 Exhibit Declaration, #2 Exhibit Notice of Default)(Roberts, Kyle)
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Set/Reset Deadlines/Hearings as to #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law. Responses due by 2/8/2023 Replies due by 2/22/2023. Per DE 39 Order. (ebz)
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Filing 39
PAPERLESS ORDER: The Court grants #38 the Parties' joint motion for extensions of time for Plaintiff to respond to Defendant's motion to dismiss and for Defendants to file a reply. The Plaintiff's response is due on or before February 8, 2023. The Defendant's reply is due on or before February 22, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 38
Joint MOTION for Extension of Time FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION TO DISMISS [D.E. 22] AND FOR DEFENDANT TO REPLY re #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law by Caterpillar Financial Services Corporation. Attorney Alexandra Marie Dragovich added to party Caterpillar Financial Services Corporation(pty:pla). Responses due by 2/17/2023 (Dragovich, Alexandra)
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Filing 37
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 2/2/2023 re #26 MOTION to Stay re #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law Discovery Pending Resolution of Motion to Stay the Case filed by Venequip Machinery Sales Corporation. Order to follow. Attorney Appearance(s): Peter Stephen Russ, Evelyn Anne Cobos, Gabriel Aizenberg, (Digital Zoom_JG_2-1-2023) Total time in court: 49 minutes. (dgj)
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Filing 36
PAPERLESS ORDER New Zoom information for Motion Hearing being held on 2/2/2023 at 2pmMeeting ID: 160 823 1118Passcode: 543888 Signed by Magistrate Judge Jonathan Goodman on 2/2/2023. (dgj)
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Filing 35
Defendant's REPLY IN FURTHER SUPPORT OF ITS MOTION re #26 MOTION to Stay re #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law Discovery Pending Resolution of Motion to Stay the Case filed by Venequip Machinery Sales Corporation. (Cobos, Evelyn) Modified text on 2/1/2023 (ebz).
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Filing 34
PAPERLESS ORDER setting Zoom Hearing on Motion to Stay Discovery #26 for February 2, 2023 at 2:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone or tablet (iPad). Those parties using a desktop or a laptop equipped with a webcam will need to click on the meeting link and install the plug-in when prompted, then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGovMeeting https://www.zoomgov.com/j/1613531963?pwd=Ynk0d3hNejZiekhRVzhXTFowTmsyQT09. Meeting ID: 161 353 1963 Passcode: 749399.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 1/31/2023. (mdc)
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Filing 33
Paperless Order granting in part #32 Plaintiff's unopposed motion to appear virtually. The 29 February 2, 2023 hearing is converted to a Zoom videoconference hearing. The Zoom instructions will be uploaded via a separate paperless Order. Signed by Magistrate Judge Jonathan Goodman on 1/31/2023. (dw00)
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Filing 32
Unopposed MOTION for Leave to Appear Virtually at February 2, 2023 Motion to Stay Discovery Hearing . Attorney/Representative: Peter Russ by Caterpillar Financial Services Corporation. Responses due by 2/14/2023 (Roberts, Kyle)
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Filing 31
RESPONSE in Opposition re #26 MOTION to Stay re #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law Discovery Pending Resolution of Motion to Stay the Case filed by Caterpillar Financial Services Corporation. Replies due by 2/1/2023. (Roberts, Kyle)
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Filing 30
Scheduling Order and Order of Referral to Mediation: SCHEDULING ORDER: ( Jury Trial set for 1/16/2024 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 1/9/2024 09:00 AM in Miami Division before Judge Robert N. Scola Jr.) ORDER REFERRING CASE to Mediation. ( Mediation Deadline 9/25/2023.) Signed by Judge Robert N. Scola, Jr on 1/23/2023. See attached document for full details. (nan) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 29
PAPERLESS ORDER scheduling an in-person hearing for February 2, 2023, at 2:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman on #26 Defendant's Motion to Stay Discovery. Defendant's optional reply shall be filed no later than January 31, 2023. Signed by Magistrate Judge Jonathan Goodman on 1/20/2023. (dw00)
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Filing 28
ORDER REFERRING #26 MOTION to Stay and #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law filed by Venequip Machinery Sales Corporation. Motions referred to Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 1/18/2023. See attached document for full details. (pes)
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Filing 27
PAPERLESS ORDER: The Court orders the Plaintiff to respond to the #26 motion for a stay no later than January 25, 2023. Signed by Judge Robert N. Scola, Jr. (eau)
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Set/Reset Deadlines/Hearings as to #26 MOTION to Stay re #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law Discovery Pending Resolution of Motion to Stay the Case. Per DE 27 Order. Responses due by 1/25/2023 (ebz)
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Filing 26
MOTION to Stay re #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law Discovery Pending Resolution of Motion to Stay the Case by Venequip Machinery Sales Corporation. Responses due by 1/31/2023 (Cobos, Evelyn)
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Filing 25
Joint SCHEDULING REPORT - Rule 26(f) by Venequip Machinery Sales Corporation (Cobos, Evelyn)
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Set/Reset Deadlines/Hearings as to #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law. Per DE 24 Order. Responses due by 2/6/2023 (ebz)
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Filing 24
PAPERLESS ORDER: The Court grants the unopposed motion #23 . The Plaintiff may respond to the motion to dismiss no later than February 6, 2023. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 23
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #22 MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law by Caterpillar Financial Services Corporation. (Roberts, Kyle)
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Filing 22
MOTION to Dismiss #1 Complaint,, or Alternatively Stay, And Incorporated Memorandum of Law by Venequip Machinery Sales Corporation. Responses due by 12/27/2022 (Attachments: #1 Exhibit 1 Curacao Proceeding Complaint with English Translation, #2 Exhibit 2 Declaration of Agustin D'Onghia, #3 Exhibit 3 Complaint in Guarantee with Exhibits A-I Case 22-23009, #4 Exhibit 4 Declaration of Ursus Van Bemmelen)(Cobos, Evelyn)
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Filing 21
PAPERLESS ORDER: The Court grants #20 the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Howard K. Jeruchimowitz. Mr. Jeruchimowitz may appear in this matter on behalf of Defendant Venequip Machinery Sales Corporation. The Clerk is directed to provide him notices of electronic filing at the e-mail address set forth in the motion. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 20
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Howard K. Jeruchimowitz. Filing Fee $ 200.00 Receipt # AFLSDC-16158558 by Venequip Machinery Sales Corporation. Responses due by 12/22/2022 (Attachments: #1 Certification Howard K. Jeruchimowitz, #2 Text of Proposed Order)(Cobos, Evelyn)
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Filing 19
PAPERLESS ORDER: The Court grants the #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gabriel Aizenberg. Mr. Aizenberg is given permission to appear in this matter on behalf of Defendant Venequip Machinery Sales Corporation. The Clerk is directed to provide him notices of electronic filing at Gabriel.Aizenberg@gtlaw.com. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 18
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gabriel Aizenberg. Filing Fee $ 200.00 Receipt # AFLSDC-16149324 by Venequip Machinery Sales Corporation. Responses due by 12/20/2022 (Attachments: #1 Designation Gabriel Aizenberg, #2 Text of Proposed Order)(Cobos, Evelyn)
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Filing 17
PAPERLESS ORDER: The Court grants the unopposed motion for an extension #16 . The Defendant will respond to the complaint no later than December 9, 2022. Signed by Judge Robert N. Scola, Jr. (eau)
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Set/Reset Response/Answer Due Deadline: Venequip Machinery Sales Corporation response/answer due 12/9/2022. Per DE 17 Order. (ebz)
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Filing 16
MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Venequip Machinery Sales Corporation. (Attachments: #1 Text of Proposed Order)(Cobos, Evelyn)
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Filing 15
Notice of Pending, Refiled, Related or Similar Actions by Venequip Machinery Sales Corporation (Cobos, Evelyn)
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Set/Reset Response/Answer Due Deadline: Venequip Machinery Sales Corporation response/answer due 12/5/2022. Per DE 14 Order. (ebz)
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Filing 14
PAPERLESS ORDER: The Court grants the motion #13 . Defendant Venequip Machinery Sales Corp. will respond to the complaint no later than December 5, 2022. Signed by Judge Robert N. Scola, Jr (eau)
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Filing 13
MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Venequip Machinery Sales Corporation. (Attachments: #1 Text of Proposed Order)(Cobos, Evelyn)
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Filing 12
NOTICE of Attorney Appearance by Evelyn Anne Cobos on behalf of Venequip Machinery Sales Corporation. Attorney Evelyn Anne Cobos added to party Venequip Machinery Sales Corporation(pty:dft). (Cobos, Evelyn)
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Filing 11
NOTICE of Attorney Appearance by Gabriel Alejandro Diaz on behalf of Venequip Machinery Sales Corporation. Attorney Gabriel Alejandro Diaz added to party Venequip Machinery Sales Corporation(pty:dft). (Diaz, Gabriel)
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Filing 10
PAPERLESS ORDER: The Court grants #9 the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Mark Kornfeld is given permission to appear and participate in this matter on behalf of Plaintiff Caterpillar Financial Services Corporation. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the Motion. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 9
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark Kornfeld. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #8 Motion to Appear Pro Hac Vice, by Caterpillar Financial Services Corporation. Responses due by 10/11/2022 (Attachments: #1 Certification Mark Korfeld, #2 Text of Proposed Order)(Roberts, Kyle)
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Filing 8
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark Kornfeld. Filing Fee $ 200.00 Receipt # AFLSDC-15977869 by Caterpillar Financial Services Corporation. Responses due by 10/11/2022 (Attachments: #1 Certification Mark Kornfeld, #2 Text of Proposed Order)(Roberts, Kyle)
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Filing 7
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/23/2022. See attached document for full details. (fbn)
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Filing 6
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 9/21/2022. See attached document for full details. (ebz)
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Filing 5
NOTICE of Change of Address, Email or Law Firm Name by Kyle Sebastian Roberts (Roberts, Kyle)
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Filing 4
Bar Letter re: Admissions sent to attorney Mark Kornfeld, mailing date September 21, 2022, (pt)
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Filing 3
Summons Issued as to Venequip Machinery Sales Corporation. (rbe)
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Filing 2
Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe)
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Filing 1
COMPLAINT for Breach of Contract against Venequip Machinery Sales Corporation. Filing fees $ 402.00 receipt number AFLSDC-15963534, filed by Caterpillar Financial Services Corporation. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Inventory Loan Agreement, #4 Exhibit B - January 2017 Note, #5 Exhibit C - February 2017 Note, #6 Exhibit D - April 2017 Note, #7 Exhibit E - May 2017 Note, #8 Exhibit F - August 2017 Note, #9 Exhibit G - October 2017 Note, #10 Exhibit H - December 15 Default Letter, #11 Exhibit I - December 28 Default Letter)(Roberts, Kyle)
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