Ford Motor Credit Company LLC, v. Gilbert Auto Ford, LLC
Plaintiff: Ford Motor Credit Company
Defendant: Gilbert Auto Ford, LLC and Mark W Gilbert
Case Number: 2:2013cv00104
Filed: March 5, 2013
Court: US District Court for the District of Idaho
Office: CDA - Northern Office
County: Latah - Central
Presiding Judge: B Lynn Winmill
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 10, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2014 Opinion or Order Filing 54 ORDER denying #48 Defendant's Motion to Amend Taxing of Bill of Costs. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
November 18, 2013 Opinion or Order Filing 53 ORDER granting #52 Plaintiff's Motion for Release of Cash Bond. The$15,000.00 previously tendered to the Clerk of the Court shall be returned toPlaintiff forthwith. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)(Emailed to hg and jd in Finance.)
November 15, 2013 Opinion or Order Filing 52 MOTION for Release of Bond Obligation Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 12/9/2013 (Manwaring, Jed)
November 4, 2013 Opinion or Order Filing 51 AMENDED JUDGMENT. IT IS HEREBY ORDERED, ADJUGDE and DECREED that Judgment beentered in favor of Ford Motor Credit Company, LLC, and against Defendants Gilbert Auto Ford, LLC and Mark W. Gilbert in the amount of $572,208.42. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
November 4, 2013 Opinion or Order Filing 50 ORDER granting #40 Motion for Attorney Fees; granting #43 Motion to Amend Judgment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
October 31, 2013 Opinion or Order Filing 49 AFFIDAVIT in Support re #48 MOTION for Taxation of Costs by Ford Motor Credit Company. (Manwaring, Jed)
October 31, 2013 Opinion or Order Filing 48 MOTION to Amend Taxing of Bill of Costs Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 11/25/2013 (Manwaring, Jed) Modified on 11/4/2013 to edit text for motion type to match document (cjm).
October 31, 2013 Opinion or Order Filing 47 BILL OF COSTS (Amended) by Ford Motor Credit Company. Taxation of Costs due by 12/2/2013 (Manwaring, Jed)
October 31, 2013 Opinion or Order NOTICE TO COURT that counsel Joseph W. Borton wishes to no longer be noticed electronically on this case as of the date of this notice. (Villegas, Victor)
October 31, 2013 Opinion or Order NOTICE TO COURT that counsel Victor S. Villegas wishes to no longer be noticed electronically on this case as of the date of this notice. (Villegas, Victor)
October 28, 2013 Opinion or Order Filing 46 Costs Taxed in amount of $ 350.00 against Defendants. (cjm)
September 11, 2013 Opinion or Order Filing 45 AFFIDAVIT in Support re #43 MOTION to Amend/Correct #39 Default Judgment, Affidavit in Support of Contempt/Sanctions filed by Ford Motor Credit Company.(Manwaring, Jed)
September 10, 2013 Opinion or Order Filing 44 AFFIDAVIT in Support by David H. Tebbe re #43 MOTION to Amend/Correct #39 Default Judgment, filed by Ford Motor Credit Company. (Attachments: #1 Exhibit Ex. A - Units Sold Out of Trust, #2 Exhibit Ex. B - Net Loss Spreadsheet, #3 Exhibit Ex. C - Ford Credit SBA Summary, #4 Exhibit Ex. D - On Site Containment Expenses, #5 Exhibit Ex. E - Auction Fees)(Manwaring, Jed)
September 10, 2013 Opinion or Order Filing 43 MOTION to Amend/Correct #39 Default Judgment, Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 10/4/2013 (Manwaring, Jed)
September 10, 2013 Opinion or Order Filing 42 BILL OF COSTS by Ford Motor Credit Company. Taxation of Costs due by 10/11/2013 (Manwaring, Jed)
September 10, 2013 Opinion or Order Filing 41 AFFIDAVIT in Support by Jed W. Manwaring re #40 MOTION for Attorney Fees filed by Ford Motor Credit Company. (Attachments: #1 Exhibit Exhibit A - Evans Keane Invoice, #2 Exhibit Exhibit B - Winston & Cashatt Invoice)(Manwaring, Jed)
September 10, 2013 Opinion or Order Filing 40 MOTION for Attorney Fees Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 10/4/2013 (Manwaring, Jed)
August 27, 2013 Opinion or Order Filing 39 JUDGMENT entered in favor of Ford Motor Credit Company, LLC, and against Defendants Gilbert Auto Ford, LLC and Mark W. Gilbert on all claims. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
August 27, 2013 Opinion or Order Filing 38 ORDER deeming as moot #29 Motion for Summary Judgment. IT IS HEREBY ORDERED that default be entered in favor of Ford Motor Credit Company, LLC, and against Defendants Gilbert Auto Ford, LLC and Mark W. Gilbert on all claims. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
July 22, 2013 Opinion or Order Filing 37 AFFIDAVIT of Victor S. Villegas re #36 Memorandum Decision, Terminate Motions, filed by Mark W Gilbert, Gilbert Auto Ford, LLC . (Villegas, Victor)
July 19, 2013 Opinion or Order Filing 36 MEMORANDUM DECISION AND ORDER Plaintiff's Motion for Sanctions (Dkt. #15 ), Plaintiff's Amended Motion for Sanctions (Dkt. #21 ), and Plaintiff's Renewed Motion for Sanctions and Contempt (Dkt. #28 ) are GRANTED. Defendants,jointly and severally, are sanctioned $1,000.00 per day for each day Defendants have violated the Preliminary Injunction in the past, and $5,000.00 per day going forward beginning the day after the date of this Order. The Court reserves ruling on Plaintiff's Motion for Summary Judgment (Dkt. #29 ). Pursuant to District of Idaho Local Civil Rule 83.6, the Motion to Withdraw as Counsel of Record for Defendants (Dkt. #33 ) is GRANTED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
July 17, 2013 Opinion or Order Filing 35 RESPONSE to Motion re #33 MOTION to Withdraw as Attorney Limited Non-Objection to Withdrawal of Counsel of Record for Defendants filed by Ford Motor Credit Company. Replies due by 8/5/2013.(Manwaring, Jed)
July 17, 2013 Opinion or Order Filing 34 AFFIDAVIT of Affidavit of Victor S. Villegas in Support of Motion to Withdraw as Counsel of Record for Defendants re #33 MOTION to Withdraw as Attorney filed by Mark W Gilbert, Gilbert Auto Ford, LLC . (Villegas, Victor)
July 17, 2013 Opinion or Order Filing 33 MOTION to Withdraw as Attorney Victor Villegas appearing for Defendants Mark W Gilbert, Gilbert Auto Ford, LLC. Responses due by 8/12/2013 (Villegas, Victor)
June 27, 2013 Opinion or Order Filing 32 NOTICE by Ford Motor Credit Company of Bankruptcy Court's Dismissal of Case (Attachments: #1 Exhibit A)(Manwaring, Jed)
June 27, 2013 Opinion or Order Filing 31 MEMORANDUM in Support re #29 MOTION for Summary Judgment , Alternative Mtion for Expedited Trial on Permanent Injunction filed by Ford Motor Credit Company.(Manwaring, Jed)
June 27, 2013 Opinion or Order Filing 30 Statement of Uncontested Facts filed by Ford Motor Credit Company. (Attachments: #1 Exhibit C1)(Manwaring, Jed)
June 14, 2013 Opinion or Order Filing 29 MOTION for Summary Judgment , Alternative Mtion for Expedited Trial on Permanent Injunction Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 7/8/2013 (Manwaring, Jed)
June 14, 2013 Opinion or Order Filing 28 MOTION for Sanctions and Comtempt Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 7/8/2013 (Manwaring, Jed)
June 14, 2013 Opinion or Order Filing 27 NOTICE by Ford Motor Credit Company of Bankruptcy Court's Preliminary Injunction (Attachments: #1 Exhibit A)(Manwaring, Jed)
June 14, 2013 Opinion or Order Filing 26 NOTICE by Ford Motor Credit Company of Bankruptcy Order for Relief from Stay (Attachments: #1 Exhibit A)(Manwaring, Jed)
May 13, 2013 Opinion or Order The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. Consent deadline(s) termed. (cjm)
May 7, 2013 Opinion or Order Filing 25 Docket entry only - CONSENT to Magistrate Judge filed. (cjm)
April 11, 2013 Opinion or Order Filing 24 RESPONSE to Motion re #21 Amended MOTION for Sanctions Against Mark W. Gilbert, #15 MOTION for Sanctions filed by Mark W Gilbert, Gilbert Auto Ford, LLC. Replies due by 4/29/2013.(Villegas, Victor)
April 11, 2013 Opinion or Order Filing 23 AFFIDAVIT in Support by Victor S. Villegas re #24 Response to Motion re #21 Amended MOTION for Sanctions Against Mark W. Gilbert filed by Mark W Gilbert, Gilbert Auto Ford, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Villegas, Victor) Modified on 4/16/2013 to create link to 24 and edit text (cjm).
March 18, 2013 Opinion or Order Filing 22 NOTICE by Ford Motor Credit Company re #21 Amended MOTION for Sanctions Against Mark W. Gilbert of Declaratin of John Perry (Attachments: #1 Appendix Declaration of John Perry)(Manwaring, Jed)
March 18, 2013 Opinion or Order Filing 21 Amended MOTION for Sanctions Against Mark W. Gilbert Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 4/11/2013 (Manwaring, Jed)
March 18, 2013 Opinion or Order Filing 20 WITHDRAWAL OF DOCUMENT re: #18 MOTION for Release of Bond Obligation filed by Ford Motor Credit Company. (Manwaring, Jed)
March 13, 2013 Opinion or Order Filing 19 NOTICE OF BANKRUPTCY FILING Upon the Record by Ford Motor Credit Company (Manwaring, Jed)
March 13, 2013 Opinion or Order Filing 18 MOTION for Release of Bond Obligation Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 4/8/2013 (Attachments: #1 Exhibit A - Bankruptcy Petition)(Manwaring, Jed)
March 11, 2013 Opinion or Order Filing 17 AFFIDAVIT of Todd Casey filed by Ford Motor Credit Company (Second). (Manwaring, Jed)
March 11, 2013 Opinion or Order Filing 16 AFFIDAVIT of Service for Preliminary Injuction served on Defendants' attorney, Mark Gilbert, Scott Alford and Mylissa Ward on 03/08/2013, filed by Ford Motor Credit Company. (Manwaring, Jed)
March 11, 2013 Opinion or Order Filing 15 MOTION for Sanctions Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 4/4/2013 (Manwaring, Jed)
March 8, 2013 Opinion or Order Filing 14 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Ford Motor Credit Company, Mark W Gilbert, Gilbert Auto Ford, LLC re #1 Complaint, #7 Notice of Appearance Consent/Objection to Magistrate due by 5/10/2013. (cjm)
March 8, 2013 Opinion or Order Filing 13 NOTICE by Ford Motor Credit Company Plaintiff's Tender of Cash Bond (Attachments: #1 Appendix cah bond check of $15,000)(Manwaring, Jed)
March 8, 2013 Opinion or Order Filing 12 PRELIMINARY INJUNCTION granting #2 MOTION for Temporary Restraining Order and Preliminary Injunction. A temporary restraining order is issued, but with the requirement that Plaintiff file a bond in the amount of $15,000.00. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)(Emailed to jd and hg in Finance.)
March 8, 2013 Opinion or Order Filing 11 Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 3/8/2013 re #2 Motion for Temporary Restraining Order and Preliminary Injunction filed by Ford Motor Credit Company. Motion granted. (Court Reporter Tammy Hohenleitner.) (jlg)
March 8, 2013 Opinion or Order Filing 10 Corporate Disclosure Statement by Ford Motor Credit Company identifying Corporate Parent Ford Holdings LLC for Ford Motor Credit Company.. (Manwaring, Jed)
March 8, 2013 Opinion or Order Filing 9 SUMMONS Returned Executed by Ford Motor Credit Company. Mark W Gilbert served on 3/8/2013, answer due 3/29/2013; Gilbert Auto Ford, LLC served on 3/8/2013, answer due 3/29/2013. (Manwaring, Jed)
March 8, 2013 Opinion or Order NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (cjm)
March 7, 2013 Opinion or Order Filing 8 NOTICE of Appearance by Victor Villegas on behalf of All Defendants (Villegas, Victor)
March 7, 2013 Opinion or Order Filing 7 NOTICE of Appearance by Victor Villegas on behalf of All Defendants (Villegas, Victor)
March 7, 2013 Opinion or Order Filing 6 DOCKET ENTRY NOTICE OF HEARING regarding #2 Motion for Temporary Restraining Order: A Video Motion Hearing is set for 3/8/2013 at 2:00 PM (Mountain Time) before Judge B. Lynn Winmill. Judge Winmill will be present in Pocatello - District Courtroom, counsel shall be present in Courtroom #1 in Boise. Plaintiff is directed to notify the defendant of this hearing date/time. (jlg)
March 7, 2013 Opinion or Order Filing 5 AFFIDAVIT of Jed W. Manwaring filed by Ford Motor Credit Company . (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J)(Manwaring, Jed)
March 6, 2013 Opinion or Order Filing 4 Summons Issued as to Mark W Gilbert, Gilbert Auto Ford, LLC. (Print attached Summons for service.) (cjm)
March 6, 2013 Opinion or Order CORRECTIVE ENTRY - The entry document number #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Ford Motor Credit Company LLC, a Delaware limited liability company in regards to the proposed order, was filed incorrectly in this case. Pursuant to the ECF Procedures, section 12B, all proposed orders are to be submitted by email to the appropriate Judges proposed order email box. The filing party shall re-submit their proposed order.(cjm)
March 5, 2013 Opinion or Order Filing 3 AFFIDAVIT of Todd Casey filed by Ford Motor Credit Company LLC, a Delaware limited liability company . (Attachments: #1 Exhibit G)(Manwaring, Jed)
March 5, 2013 Opinion or Order Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company LLC, a Delaware limited liability company. Responses due by 3/29/2013 (Manwaring, Jed)
March 5, 2013 Opinion or Order Filing 1 COMPLAINT for Claim and Delivery against Mark W Gilbert, Gilbert Auto Ford, LLC a Washington limited liability company ( Filing fee $ 350 receipt number 0976-990417.), filed by Ford Motor Credit Company LLC, a Delaware limited liability company. (Attachments: #1 Exhibit Gilbert Auto's Corp Reg WA, #2 Exhibit CoA of SoS for Gilbert Auto Ford, #3 Exhibit Wholesale Plan Agreement, #4 Exhibit Financing Statement, #5 Exhibit Collateral Secured by FMCC new-used veh list, #6 Exhibit Continuing Gauranty, #7 Summons Summons in a Civil Action, #8 Cover Sheet Civil Cover Sheet)(Manwaring, Jed)

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Plaintiff: Ford Motor Credit Company
Represented By: Jed W Manwaring
Represented By: Judy L Geier
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Defendant: Gilbert Auto Ford, LLC
Represented By: Joe Borton
Represented By: Victor Villegas
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Defendant: Mark W Gilbert
Represented By: Joe Borton
Represented By: Victor Villegas
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