Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R. v. Venequip Machinery Sales Corporation
| Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R. |
| Venequip Machinery Sales Corporation |
| 1:2022cv23009 |
| September 20, 2022 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Jose E Martinez |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.
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Filing 35
ORDER granting #17 Motion to Dismiss. Closing Case. Signed by Judge Jose E. Martinez on 8/29/2023. See attached document for full details. (nwn)
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| Filing 34 Joint MOTION to Stay of Discovery or, in the alternative, for a Status Conference by Venequip Machinery Sales Corporation. Responses due by 9/5/2023 (Attachments: #1 Text of Proposed Order Granting Joint Motion for Stay of Discovery or, in the alternative, for a Status Conference)(Diaz, Gabriel) |
| Filing 33 Notice of Ninety Days Expiring by Venequip Machinery Sales Corporation re #17 MOTION to Dismiss #1 Complaint,, And Incorporated Memorandum of Law filed by Venequip Machinery Sales Corporation, #25 Response in Support of Motion, filed by Venequip Machinery Sales Corporation (Diaz, Gabriel) |
| Filing 32 Defendant's MOTION to Stay Discovery Pending Resolution of Its Motion to Dismiss by Venequip Machinery Sales Corporation. Responses due by 6/15/2023 (Diaz, Gabriel) |
| Filing 31 Joint SCHEDULING REPORT - Rule 16.1 by Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R. (Attachments: #1 Exhibit A - Magistrate Judge Election Form)(Corghi, Maria) |
| Filing 30 Defendant's Corporate Disclosure Statement by Venequip Machinery Sales Corporation identifying Corporate Parent Invercosa Earth Moving Equipment Corp., Corporate Parent Capellier Limited for Venequip Machinery Sales Corporation (Cobos, Evelyn) |
| Filing 29 Plaintiff's Corporate Disclosure Statement and Certificate of Interested Parties by Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R. identifying Corporate Parent Caterpillar Financial Services Limited for Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R. (Corghi, Maria) |
| Filing 28 Notice of Ninety Days Expiring by Venequip Machinery Sales Corporation (Cobos, Evelyn) |
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Filing 27
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 5/6/2024 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 5/2/2024 01:30 PM before Judge Jose E. Martinez.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 3/7/2024.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Jose E. Martinez on 4/21/2023. See attached document for full details. (cqs) #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 26 NOTICE by Venequip Machinery Sales Corporation re #25 Response in Support of Motion, Filing CORRECTED Composite Exhibit A (Attachments: #1 Exhibit Corrected Composite Exhibit A-1 to D.E. 25) (Cobos, Evelyn) |
| Filing 25 RESPONSE in Support re #17 MOTION to Dismiss #1 Complaint,, And Incorporated Memorandum of Law filed by Venequip Machinery Sales Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cobos, Evelyn) |
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Filing 24
PAPERLESS ORDER granting #23 Defendant's Motion for Extension of Time. Defendant shall file its Reply in support of its Motion to Dismiss on or before March 13, 2023. Signed by Judge Jose E. Martinez on 3/8/2023. (kin)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #17 MOTION to Dismiss #1 Complaint,, And Incorporated Memorandum of Law by Venequip Machinery Sales Corporation. (Attachments: #1 Exhibit A - Proposed Order)(Cobos, Evelyn) |
| Filing 22 RESPONSE in Opposition re #17 MOTION to Dismiss #1 Complaint,, And Incorporated Memorandum of Law filed by Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R.. Replies due by 2/15/2023. (Attachments: #1 Exhibit, #2 Exhibit)(Roberts, Kyle) |
| Reset Deadlines Per DE#21. Responses due by 2/8/2023 Replies due by 3/8/2023. (cqs) |
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Filing 21
PAPERLESS ORDER granting #20 the Parties' Motion for Extension of Time. Plaintiff shall respond to Defendant's Motion to Dismiss on or before February 8, 2023, and Defendant shall submit its reply on or before March 8, 2023. Signed by Judge Jose E. Martinez on 2/7/2023. (kin)
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| Filing 20 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #17 MOTION to Dismiss #1 Complaint,, And Incorporated Memorandum of Law by Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R.. Attorney Alexandra Marie Dragovich added to party Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R.(pty:pla). (Dragovich, Alexandra) |
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Filing 19
PAPERLESS ORDER granting #18 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff shall respond to the motion to dismiss on or before February 6, 2023. Signed by Judge Jose E. Martinez on 1/5/2023. (kin)
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| Reset Deadlines Per DE#19. Responses due by 2/6/2023 (cqs) |
| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #17 MOTION to Dismiss #1 Complaint,, And Incorporated Memorandum of Law by Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R.. (Roberts, Kyle) |
| Filing 17 MOTION to Dismiss #1 Complaint,, And Incorporated Memorandum of Law by Venequip Machinery Sales Corporation. Responses due by 12/27/2022 (Attachments: #1 Exhibit 1 Original Loan Agreement with Translation, #2 Exhibit 2 First Amendment to Original Loan Agreement 06.07 with Translation, #3 Exhibit 3 Second Amendment to Original Loan Agreement 06.19 with Translation, #4 Exhibit 4 Declaration of Ursus Van Bemmelen with Exhibit A Curacao Complaint, #5 Exhibit 5 Declaration of Agustin D'Onghia, #6 Exhibit 6 Declaration of Margarita Beatriz Luna Ramos with 3 Exhibits)(Cobos, Evelyn) |
| Filing 16 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-16149219 by Venequip Machinery Sales Corporation. Responses due by 12/20/2022 (Attachments: #1 Certification Gabriel Aizenberg, #2 Text of Proposed Order)(Cobos, Evelyn) |
| Reset Deadlines Venequip Machinery Sales Corporation answer due 12/9/2022. Per DE#15. (cqs) |
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Filing 15
PAPERLESS ORDER granting #14 Defendant's Unopposed Motion for Extension of Time. Defendant shall respond to the Complaint on or before December 9, 2022. Signed by Judge Jose E. Martinez on 12/2/2022. (kin)
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| Filing 14 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) |
| Filing 13 Unopposed MOTION to Transfer Similar Action and Supporting Memorandum of Law re #12 Notice of Pending, Refiled, Related or Similar Actions by Venequip Machinery Sales Corporation. (Attachments: #1 Exhibit A - Proposed Order)(Cobos, Evelyn) |
| Filing 12 Notice of Pending, Refiled, Related or Similar Actions by Venequip Machinery Sales Corporation (Cobos, Evelyn) |
| Reset Deadlines Venequip Machinery Sales Corporationanswer due 12/5/2022. (cqs) |
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Filing 11
PAPERLESS ORDER granting #10 Defendant's Motion for Extension of Time. Defendant shall respond to the Complaint on or before December 5, 2022. Signed by Judge Jose E. Martinez on 10/18/2022. (kin)
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| Filing 10 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) |
| Filing 9 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) |
| Filing 8 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 7
ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kyle Roberts, Esq.,. Signed by Judge Jose E. Martinez on 9/28/2022. See attached document for full details. (cqs)
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| Filing 6 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-15978214 by Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R.. Responses due by 10/11/2022 (Attachments: #1 Certification Mark Kornfeld, #2 Text of Proposed Order)(Roberts, Kyle) |
| Filing 5 NOTICE of Change of Address, Email or Law Firm Name by Kyle Sebastian Roberts (Roberts, Kyle) |
| Filing 4 Bar Letter re: Admissions sent to attorney Mark Kornfeld, mailing date September 21, 2022, (pt) |
| Filing 3 Summons Issued as to Venequip Machinery Sales Corporation. (swr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (swr) |
| Filing 1 COMPLAINT for Breach of Contract against Venequip Machinery Sales Corporation. Filing fees $ 402.00 receipt number AFLSDC-15963655, filed by Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Original Loan Agreement, #4 Exhibit Comp. B - Corporate Guarantee, #5 Exhibit C - June 7 Amendment, #6 Exhibit D - June 19 Amendment, #7 Exhibit E - Nov. 27 Amendment, #8 Exhibit Comp. F - 2015 Loan Agreement, #9 Exhibit Comp. G. - Amendment to 2015 Loan Agreement, #10 Exhibit H - Notice to Borrower, #11 Exhibit I - December 28 Default Letter)(Roberts, Kyle) |
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| Plaintiff: Caterpillar Credito, S.A. de S.V. Sociedad Financera de Objecto Multiple, E.R. | |
| Represented By: | Kyle Sebastian Roberts |
| Represented By: | Lauren Virginia Humphries |
| Represented By: | Peter Stephen Russ |
| Represented By: | Mark Kornfeld |
| Represented By: | Alexandra Marie Dragovich |
| Represented By: | Maria Daniela Corghi |
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| Defendant: Venequip Machinery Sales Corporation | |
| Represented By: | Evelyn Anne Cobos |
| Represented By: | Gabriel Alejandro Diaz |
| Represented By: | Gabriel Aizenberg |
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