Caterpillar Financial Services Corporation v. Mendoza's Remodeling, LLC
| Caterpillar Financial Services Corporation |
| Mendoza's Remodeling, LLC |
| 1:2023cv02785 |
| June 21, 2023 |
| US District Court for the Northern District of Georgia |
| Steven D Grimberg |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 12
NOTICE by Caterpillar Financial Services Corporation (Attachments: #1 Affidavit Ex. A to Notice - Supp. Aff. of Nicolas Bohorquez, #2 Exhibit Exhibit 1 to Aff. of NDB - Cat Financial Delaware SoS Records, #3 Exhibit Exhibit 2 to Aff. of NDB - Cat Financial Tennessee SoS Records, #4 Exhibit Exhibit 3 to Aff. of NDB - Mendoza Articles of Incorporation, #5 Exhibit Exhibit 4 to Aff. of NDB - 2023 Mendoza Annual Registration, #6 Exhibit Exhibit 5 to Aff. of NDB - Amendment to Mendoza Articles of Incorporation, #7 Exhibit Exhibit 6 to Aff. of NDB - Gwinnett Tax Assessor Property Detail (Mendoza Property), #8 Exhibit Exhibit 7 to Aff. of NDB - Mendoza Vesting Deed, #9 Exhibit Exhibit 8 to Aff. of NDB - LLC and Mendoza Auto Records, #10 Exhibit Exhibit 9 to Aff. of NDB - State v. Paguada Docket, #11 Exhibit Exhibit 10 to Aff. of NDB - Gwinnett Tax Assessor Property Detail (Hayley Leung), #12 Exhibit Exhibit 11 to Aff. of NDB - Gwinnett Tax Assessor Property Detail (Lissany Moran), #13 Exhibit Exhibit 12 to Aff. of NDB - Moran Vesting Deed, #14 Exhibit Exhibit 13 to Aff. of NDB - Moran Auto Records, #15 Exhibit Exhibit 14 to Aff. of NDB - Moran Security Deed, #16 Exhibit Exhibit 15 to Aff. of NDB - Moran Facebook Page w_Life Event (Marriage), #17 Exhibit Exhibit 16 to Aff. of NDB - Paguada Main Facebook Page, #18 Exhibit Exhibit 17 to Aff. of NDB -Paguadaisaula Main Facebook Page, #19 Exhibit Exhibit 18 to Aff. of NDB - Paguada Facebook Friends, #20 Exhibit Exhibit 19 to Aff. of NDB - Paguadaisaula Facebook Friends)(Bohorquez, Nicolas)
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Filing 11
Certificate of Interested Persons and Corporate Disclosure Statement by Caterpillar Financial Services Corporation identifying Corporate Parent Caterpillar Inc. for Caterpillar Financial Services Corporation. (Bohorquez, Nicolas)
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Filing 10
MOTION for Extension of Time File Notice Indicating Citizenship of Defendant's Organizers with Brief In Support by Caterpillar Financial Services Corporation. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Extend Deadline to File Notice Indicating Citizenship)(Bohorquez, Nicolas)
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ORDER: For good cause shown, Plaintiffs motion for an extension of time (ECF #10 ) is GRANTED. Plaintiff must file its notice indicating the places of citizenship of Defendant Mendozas Remodeling, LLCs organizers by September 20, 2023. APPROVED by Judge Steven D. Grimberg on 09/13/2023. (slc)
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ORDER: In its September 1, 2023 Notice, Plaintiff Caterpillar Financial Services Corporation alleged the residences of Defendant Mendozas Remodeling, LLCs organizers. However, residence is not citizenship. Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1269 (11th Cir. 2013); McCormick v. Aderholt, 293 F.3d 1254, 125758 (11th Cir. 2002) (Citizenship for individuals is equivalent to domicile, which is a party's true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom.). Within seven days of this Order, Caterpillar is DIRECTED to file a notice indicating Mendozas organizers places of citizenship for purposes of diversity jurisdiction. APPROVED by Judge Steven D. Grimberg on 09/06/2023. (slc)
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ORDER: Local Rule 3.3, NDGa, provides that counsel must file a certificate of interested persons or corporate disclosure statement at the time of first appearance. A review of the docket in this action indicates that Plaintiff Caterpillar Financial Services Corporation has not complied with this requirement. Within seven days of this Order, Caterpillar is ORDERED to file its certificate of interested persons and corporate disclosure statement. APPROVED by Judge Steven D. Grimberg on 09/06/2023. (slc)
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Filing 9
NOTICE by Caterpillar Financial Services Corporation (Attachments: #1 Affidavit Affidavit of Nicolas D. Bohorquez)(Bohorquez, Nicolas)
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Submission of #8 MOTION for Clerks Entry of Default, to District Judge Steven D. Grimberg. (slc)
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ORDER: A corporation is a citizen of the State in which it has its principal place of business and its state of incorporation. 28 U.S.C. 1332(c)(1). Plaintiffs allegation that it is a Delaware corporation with a place of business in Nashville, Tennessee does not suffice. [ECF 1, at 1]. Further, the citizenship of an LLC is determined by the citizenship of each of its members and submembers until the Court is left with only individuals or corporations. Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004). Within 14 days of this Order, Plaintiff is DIRECTED to file a notice with the Court indicating (1) its principal place of business and (2) the names and citizenship of each of Defendants members and submembers until only individuals or corporations are left. APPROVED by Judge Steven D. Grimberg on 08/21/2023. (slc)
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Filing 8
MOTION for Clerks Entry of Default with Brief In Support by Caterpillar Financial Services Corporation. (Attachments: #1 Text of Proposed Order Clerk's Entry of Default)(Bohorquez, Nicolas)
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Clerk's Certificate of Mailing to A. Neil Hartzell re Order granting Application for Admission Pro Hac Vice of A. Neil Hartzell. (bgt)
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ORDER granting #6 Application for Admission Pro Hac Vice of A. Neil Hartzell by direction of the Office of the Clerk. APPROVED by Judge Steven D. Grimberg on 07/10/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(slc)
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APPROVAL by Clerks Office re: #6 APPLICATION for Admission of A. Neil Hartzell Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12716529). Attorney A. Neil Hartzell added appearing on behalf of Caterpillar Financial Services Corporation. E-filing access may be requested after an order granting the application is entered. (rvb)
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Filing 7
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Steven D. Grimberg on 7/5/23. (jra)
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Filing 6
APPLICATION for Admission of A. Neil Hartzell Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12716529).by Caterpillar Financial Services Corporation. (Bohorquez, Nicolas) Documents for this entry are not available for viewing outside the courthouse.
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Filing 5
Return of Service Executed. Mendoza's Remodeling, LLC served on 6/29/2023, answer due 7/20/2023 (Attachments: #1 Affidavit Addendum to Proof of Service)(Bohorquez, Nicolas) Modified on 7/5/2023 (tht) - to edit event.
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Notification of Docket Correction re #5 Affidavit of Service. This filing has been change to Return of Service Executed. (tht)
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Filing 4
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to A. Neil Hartzell. Clerk to follow-up by 7/10/2023. (rvb)
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Filing 3
Electronic Summons Issued as to Mendoza's Remodeling, LLC. (tht)
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Filing 2
MOTION for Preliminary Injunction with Brief in Support by Caterpillar Financial Services Corporation. (Attachments: #1 Brief Memorandum of Law in Support of Motion for Preliminary Injunction, #2 Exhibit 1 to Motion)(tht)
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Filing 1
COMPLAINT filed by Caterpillar Financial Services Corporation. (Filing fee $402, receipt number AGANDC-12688292) (Attachments: #1 Exhibit A-D, #2 Verification, #3 Civil Cover Sheet)(tht) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
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Submission of #2 MOTION for Preliminary Injunction to District Judge Steven D. Grimberg. (tht)
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| Plaintiff: Caterpillar Financial Services Corporation | |
| Represented By: | Nicolas Bohorquez |
| Represented By: | A. Neil Hartzell |
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| Defendant: Mendoza's Remodeling, LLC | |
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