Caterpillar Financial Services Corporation vs. CTS Earthmoving, Inc.

Plaintiff: Caterpillar Financial Services Corporation
Defendant: CTS Earthmoving, Inc. and Doe Defendants 1-10
Case Number: 1:2016cv00088
Filed: February 26, 2016
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: SUSAN OKI MOLLWAY
Referring Judge: RICHARD L PUGLISI
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 19, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2017 Filing 38 Stipulated Final Judgment; Order. "Judgment is entered in favor of Plaintiff and against Defendant in the amount of Nine Hundred Ninety-Four Thousand Eight Hundred Twelve and 97/100 Dollars($994,812.97). The Court expressly finds and directs that there is no just reason for delay and that final judgment shall be and is hereby entered. There are no remaining claims, parties and issues." Signed by Judge Susan Oki Mollway.(cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 21, 2017 Filing 37 EO: The parties have informed the Court that they have reached a settlement. All upcoming hearing/deadlines are VACATED. The parties shall submit the appropriate dismissal documents no later than December 22, 2017. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 31, 2017 Filing 36 EO: Based on the parties' request and agreement, the Settlement Conference set for 9/12/2017 is VACATED and will be reset at the request of counsel. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 14, 2017 Filing 35 ORDER SETTING SETTLEMENT CONFERENCE ~ All parties and their lead counsel are ORDERED TO APPEAR before U.S. Magistrate Judge Richard L. Puglisi on Septeber 12, 2017 at 10:00 a.m., Chambers of U.S. Magistrate Judge Richard L. Puglisi. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 6/14/2017. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 14, 2017 Filing 34 EO: The Settlement Conference set for 7/27/2017 is CONTINUED to 9/12/2017 at 10:00 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Settlement Conference Statements are due by 9/05/2017. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 20, 2016 Filing 33 ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 12/20/2016. "Pursuant to LR 16.5(b), all parties and their lead counsel are hereby ORDERED TO APPEAR before the undersigned on July 27, 2017 at 10:00 a.m., Chambers of Magistrate Judge Richard L. Puglisi." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 19, 2016 Filing 32 RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 12/19/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 19, 2016 Filing 31 EP: Rule 16 Scheduling Conference held on 12/19/2016. Rule 16 Scheduling Conference Order to be issued. Non-Jury Trial is set for 1/9/2018 at 09:00 AM before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference is set for 12/1/2017 at 09:30 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Dispositive Motions filed by 8/9/2017. Discovery due by 11/10/2017. (Court Reporter In chambers - not reported) (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 12, 2016 Filing 30 Scheduling Conference Statement of Plaintiff Caterpillar Financial Services Corporation and Certificate of Service. (Harstad, William)
December 12, 2016 Filing 29 REPORT of Planning Meeting and Certificate of Service. (Harstad, William)
December 12, 2016 Filing 28 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Muzzi, Christopher)
October 25, 2016 Filing 27 EO: Finding good cause in support thereof, #26 Plaintiff's request to continue the Rule 16 Scheduling Conference is GRANTED. The Rule 16 Scheduling Conference is continued to 12/19/2016 at 9:00 a.m. before MAGISTRATE JUDGE RICHARD L. PUGLISI. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(bs) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. Modified to include C.O.S. on 3/14/17(bs)
October 24, 2016 Filing 26 STATUS REPORT AND REQUEST TO CONTINUE RULE 16 SCHEDULING CONFERENCE by Caterpillar Financial Services Corporation. [Letter addressed to Magistrate Judge Richard L. Puglisi from Melisa H. Lambert, Esq., dated October 24, 2016 Re: Status Report and request to continue Rule 16 Scheduling Conference.] (Lambert, Melissa) Modified on 10/25/2016 (emt, ).
August 15, 2016 Filing 25 EO: The Rule 16 Scheduling Conference set for 10/24/2016 is CONTINUED to 10/31/2016 at 10:00AM before MAGISTRATE JUDGE RICHARD L. PUGLISI. Rule 16 Scheduling Conference Statements are due by 10/24/2016. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 15, 2016 Filing 24 EO: The parties' request to continue the Rule 16 Scheduling Conference is GRANTED. See ECF No. #23 . The Rule 16 Scheduling Conference is set for 10/24/2016 at 9:00 a.m. before MAGISTRATE JUDGE RICHARD L. PUGLISI. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 12, 2016 Filing 23 Letter addressed to Magistrate Judge Richard L. Puglisi from Christopher J. Muzzi, Esq., dated August 11, 2016 Re: Joint Status Report and request of the parties to continue the Rule 16 Scheduling Conference scheduled for August 22, 2016 to October 2016. (Attachments: #1 Mailing Documentation) (emt, )
May 12, 2016 Filing 22 EO: The parties have informed the Court that there are limited issues remaining in this action and have requested that the Court CONTINUE the Rule 16 Scheduling Conference to allow the parties additional time to resolve the remaining issues in this litigation. The parties' request is GRANTED. The Rule 16 Scheduling Conference is set for 8/22/2016 at 9:30 a.m. before MAGISTRATE JUDGE RICHARD L. PUGLISI. The parties shall file a Joint Status Report no later than 8/11/2016 advising the Court regarding whether additional time is needed or if the parties are prepared to proceed. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 9, 2016 Filing 21 STIPULATION AND ORDER REGARDING ENTRY OF WRIT OF REPLEVIN; WRIT OF REPLEVIN. Signed by JUDGE SUSAN OKI MOLLWAY on 5/9/2016. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
April 18, 2016 Filing 20 EO: The court has been informed that the parties have settled their dispute and will stipulate to the issuance of a writ of replevin. The court asks that appropriate documents (including a proposed writ) be submitted to the court no later than May 6, 2016. The pending motion is terminated and all dates calendared are vacated, subject to reinstatement if the court is notified that settlement will not occur as planned. terminating #12 Motion. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 15, 2016 Filing 19 RESPONSE in Support re #12 MOTION [Plaintiffs Ex Parte Motion for Immediate Consideration of Verified Complaint [ECF NOS. 1, 2]] filed by Caterpillar Financial Services Corporation. (Attachments: #1 Declaration of Cynthia Lyons, #2 Exhibit A-Scrapped, #3 Exhibit B-Sold, #4 Exhibit C-Stolen, #5 Certificate of Service)(Lambert, Melissa)
April 15, 2016 Filing 18 Declaration Verification of Replevin Complaint [ECF Nos. re #1 , #2 ]; Certificate of Service C. (Lambert, Melissa) Modified on 4/18/2016 (emt, ).
April 11, 2016 Filing 17 EO: A reply memorandum in support of the pending motion may be filed by April 15, 2016. re #12 MOTION [Plaintiffs Ex Parte Motion for Immediate Consideration of Verified Complaint [ECF NOS. 1, 2]]. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 6, 2016 Filing 16 MEMORANDUM in Opposition re #12 MOTION [Plaintiffs Ex Parte Motion for Immediate Consideration of Verified Complaint [ECF NOS. 1, 2]] filed by CTS Earthmoving, Inc.. (Attachments: #1 Declaration of Christian Twigg-Smith, #2 Exhibit A, #3 Certificate of Service)(Muzzi, Christopher)
April 6, 2016 Filing 15 ANSWER to #2 Complaint ; Certificate of Service by CTS Earthmoving, Inc.(Muzzi, Christopher) Modified on 4/7/2016 (emt, ).
March 30, 2016 Filing 14 EO: Telephone Conference - held in chambers.Discussion held re: Plaintiffs Ex Parte Motion for Immediate Consideration of Verified Complaint #12 .Mr. Muzzi informed the Court that he was just retained by the defendant yesterday afternoon, is not ready to proceed, and requests an extension of time in order to respond to the motion.Mr. Muzzi to file a response to the motion by 4/6/16.If an opposition is filed, the Court will issue an EO re: how the Court will proceed.If another telephone conference is necessary, the Court will contact the parties.Telephone Conference held on 3/30/2016. (Court Reporter Cynthia Fazio.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry
March 29, 2016 Filing 13 NOTICE of Hearing: A Telephone Conference is set for 3/30/2016 09:45 AM before JUDGE SUSAN OKI MOLLWAY. Melissa Lambert notified.(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
March 23, 2016 Filing 12 MOTION [Plaintiffs Ex Parte Motion for Immediate Consideration of Verified Complaint [ECF NOS. 1, 2]] Melissa Hall Lambert appearing for Plaintiff Caterpillar Financial Services Corporation (Attachments: #1 Declaration of Counsel (Melissa H. Lambert), #2 Exhibit A - (Complaint ECF Nos. 1 and 2), #3 Exhibit B - Bond in Replevin (ECF No. 11), #4 Exhibit C - Email dated March 16, 2016, #5 Writ of Replevin, #6 Proposed Order, #7 Certificate of Service)(Lambert, Melissa)
March 17, 2016 Filing 11 BOND IN REPLEVIN posted by Caterpillar Financial Services Corporation. RETAINED -- stored in Clerk's Office vault. (emt, )
March 11, 2016 Filing 10 SUMMONS Returned Executed by Caterpillar Financial Services Corporation. CTS Earthmoving, Inc. served on 3/10/2016, answer due 3/31/2016. (Harstad, William)
March 1, 2016 Filing 9 EO: Rule 16 Scheduling Conference is set for 09:30AM on 5/23/2016 before MAGISTRATE JUDGE RICHARD L. PUGLISI. Counsel for Plaintiff shall notify Defendants of the Rule 16 Scheduling Conference set by the Court. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 29, 2016 Filing 8 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, )
February 29, 2016 Filing 7 Order Setting Rule 16 Scheduling Conference TO BE SET Before Magistrate Judge Richard L. Puglisi - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/29/2016. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.
February 29, 2016 Filing 6 Summons Issued as to CTS Earthmoving, Inc. (emt, )
February 29, 2016 Filing 5 NOTICE of Case Assignment: Please reflect Civil case number CV 16-00088 SOM-RLP on all further pleadings. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
February 26, 2016 Filing 4 Corporate Disclosure Statement by Caterpillar Financial Services Corporation identifying Corporate Parent Caterpillar Inc. for Caterpillar Financial Services Corporation.. (Lambert, Melissa)
February 26, 2016 Filing 3 CIVIL Cover Sheet by Caterpillar Financial Services Corporation. (Lambert, Melissa)
February 26, 2016 Filing 2 ADDITIONAL EXHIBITS re: #1 COMPLAINT.COMPLAINT [Additional Exhibits 33-63 to Verified Complaint for Immediate Possession of Personal Property and Damages [ECF No. 1] against Caterpillar Financial Services Corporation ( Filing fee $ 400 receipt number 0975-1675667.), filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 33- Certificate of Title for Vehicle 8, #2 Exhibit 34 - Certificate of Title for Vehicle 9, #3 Exhibit 35 - Certificate of Title for Vehicle 10, #4 Exhibit 36 - Certificate of Title for Vehicle 11, #5 Exhibit 37 - Certificate of Title for Vehicle 12, #6 Exhibit 38 - Cerficate of Title for Vehicle 13, #7 Exhibit 39 - Second Amendment to Revolving Loan Agreement, #8 Exhibit 40 - Seventh Amendment to Schedule A, #9 Exhibit 41 - Third Amendment to Revolving Loan Agreement, #10 Exhibit 42 - Tenth Amendment to Schedule A, #11 Exhibit 43 - Document No. 2009-167504, #12 Exhibit 44 - Document No. 2009-167500, #13 Exhibit 45 - Contract No. 306919, #14 Exhibit 46 - Assignment to Contract No. 306919, #15 Exhibit 47 - Financing Statement - Doc No, 2004-149852, #16 Exhibit 48 - Financing Statement Amendment - Doc No. 2009-107009, #17 Exhibit 49 - Contract No. 317426, #18 Exhibit 50 - Assignment - Contract No. 317426, #19 Exhibit 51 - Financing Statement - Doc No. 2004-210830, #20 Exhibit 52 - Hawthorne - Installment Sale Contract dtd 6-10-05 Contract No. 353514, #21 Exhibit 53 - Assignment of Installment Sale Contract Without Recourse - Contract No. 353514, #22 Exhibit 54 - Financing Statement - Doc No. 2005-123204, #23 Exhibit 55 - Contract No. 379931 by Virtue of A Guaranty Payment, #24 Exhibit 56 - Assignment of Installment Sale Contract (without recourse) dtd 12-01-05, #25 Exhibit 57 - UCC Financing Statement - Doc No. 2005-250504, #26 Exhibit 58 - Contract No. 509543, #27 Exhibit 59 - Contract No. 509538, #28 Exhibit 60 - Contract No. 556655, #29 Exhibit 61 - Contract No. 556655 - Cross Security Agreement dtd 10-29-09, #30 Exhibit 62 - Deficiency Agreement, #31 Exhibit 63 - Security Agreement - Contract No. 632075)(Lambert, Melissa) Docket text entry modified on 2/26/2016; incorrect filing event selected. (afc).
February 26, 2016 Filing 1 COMPLAINT [Verified Complaint for Immediate Possession of Personal Property and Damages] against Caterpillar Financial Services Corporation ( Filing fee $ 400 receipt number 0975-1675554.), filed by Caterpillar Financial Services Corporation. (Attachments: #1 Verification, #2 Exhibit 1 - Master Tax Lease, #3 Exhibit 2 - Financing Statement - Doc No. 2008-013895, #4 Exhibit 3 - Financing Statement Amendment - Doc No. A-47570856, #5 Exhibit 4 - Master Security Agreement, #6 Exhibit 5 - Contract No. 12962-005, #7 Exhibit 6 - Financing Statement - Doc No. 2006-183753, #8 Exhibit 7 - Financing Statement - Doc No. 2011-145200, #9 Exhibit 8 - Contract No. 12962-006, #10 Exhibit 9 - Financing Statement - Doc No. 2007-030848, #11 Exhibit 10 - Financing Statement Amendment - Doc No. A-44050772, #12 Exhibit 11 - Guaranty - Contract No. 12962-011, #13 Exhibit 12 - Contract No. 12962-012, #14 Exhibit 13 - Contract No. 12962-003, #15 Exhibit 14 - Financing Statement - Doc No. 2006-092925, #16 Exhibit 15 - First Amendment to Schedule A, #17 Exhibit 16 - First Amendment to Revolving Loan Agreement, #18 Exhibit 17 - Second Amendment to Schedule A, #19 Exhibit 18 - Third Amendment to Schedule A, #20 Exhibit 19 - Financing Statement - Doc No. 2006-230518, #21 Exhibit 20 - UCC Financing Statement - Doc No. 2006-240156 Recorded in Bureau of Conveyances on 12-29-06, #22 Exhibit 21 - Financing Statement - Doc No. 2009-096962, #23 Exhibit 22 - Fourth Amendment to Schedule A, #24 Exhibit 23 - Financing Statement - Doc No. 2007-104619, #25 Exhibit 24 - Sixth Amendment to Schedule A, #26 Exhibit 25 - Financing Statement - Doc No. 2008-029894, #27 Exhibit 26 - Certificate of Title for Vehicle 1, #28 Exhibit 27 - Certificate of Title for Vehicle 2, #29 Exhibit 28 - Certificate of Title for Vehicle 3, #30 Exhibit 29 - Certificate of Title for Vehicle 4, #31 Exhibit 30 - Certificate of Title for Vehicle 5, #32 Exhibit 31- Certificate of Title for Vehicle 6, #33 Exhibit 32 - Certificate of Title for Vehicle 7, #34 Summons In A Civil Action)(Lambert, Melissa)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System

Search for this case: Caterpillar Financial Services Corporation vs. CTS Earthmoving, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Caterpillar Financial Services Corporation
Represented By: Melissa Hall Lambert
Represented By: William M. Harstad
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: CTS Earthmoving, Inc.
Represented By: Christopher J. Muzzi
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Doe Defendants 1-10
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?