Ford Motor Credit Company LLC, v. Gilbert Auto Ford, LLC
| Ford Motor Credit Company |
| Gilbert Auto Ford, LLC and Mark W Gilbert |
| 2:2013cv00104 |
| March 5, 2013 |
| US District Court for the District of Idaho |
| CDA - Northern Office |
| Latah - Central |
| B Lynn Winmill |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on September 10, 2014. A more recent docket listing may be available from PACER.
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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)
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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.)
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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)
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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)
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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)
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Filing 49
AFFIDAVIT in Support re #48 MOTION for Taxation of Costs by Ford Motor Credit Company. (Manwaring, Jed)
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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).
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Filing 47
BILL OF COSTS (Amended) by Ford Motor Credit Company. Taxation of Costs due by 12/2/2013 (Manwaring, Jed)
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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)
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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)
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Filing 46
Costs Taxed in amount of $ 350.00 against Defendants. (cjm)
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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)
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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)
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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)
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Filing 42
BILL OF COSTS by Ford Motor Credit Company. Taxation of Costs due by 10/11/2013 (Manwaring, Jed)
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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)
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Filing 40
MOTION for Attorney Fees Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 10/4/2013 (Manwaring, Jed)
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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)
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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)
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Filing 37
AFFIDAVIT of Victor S. Villegas re #36 Memorandum Decision, Terminate Motions, filed by Mark W Gilbert, Gilbert Auto Ford, LLC . (Villegas, Victor)
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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)
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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)
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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)
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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)
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Filing 32
NOTICE by Ford Motor Credit Company of Bankruptcy Court's Dismissal of Case (Attachments: #1 Exhibit A)(Manwaring, Jed)
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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)
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Filing 30
Statement of Uncontested Facts filed by Ford Motor Credit Company. (Attachments: #1 Exhibit C1)(Manwaring, Jed)
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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)
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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)
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Filing 27
NOTICE by Ford Motor Credit Company of Bankruptcy Court's Preliminary Injunction (Attachments: #1 Exhibit A)(Manwaring, Jed)
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Filing 26
NOTICE by Ford Motor Credit Company of Bankruptcy Order for Relief from Stay (Attachments: #1 Exhibit A)(Manwaring, Jed)
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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)
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Filing 25
Docket entry only - CONSENT to Magistrate Judge filed. (cjm)
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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)
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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).
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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)
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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)
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Filing 20
WITHDRAWAL OF DOCUMENT re: #18 MOTION for Release of Bond Obligation filed by Ford Motor Credit Company. (Manwaring, Jed)
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Filing 19
NOTICE OF BANKRUPTCY FILING Upon the Record by Ford Motor Credit Company (Manwaring, Jed)
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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)
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Filing 17
AFFIDAVIT of Todd Casey filed by Ford Motor Credit Company (Second). (Manwaring, Jed)
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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)
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Filing 15
MOTION for Sanctions Jed W Manwaring appearing for Plaintiff Ford Motor Credit Company. Responses due by 4/4/2013 (Manwaring, Jed)
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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)
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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)
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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.)
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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)
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Filing 10
Corporate Disclosure Statement by Ford Motor Credit Company identifying Corporate Parent Ford Holdings LLC for Ford Motor Credit Company.. (Manwaring, Jed)
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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)
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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)
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Filing 8
NOTICE of Appearance by Victor Villegas on behalf of All Defendants (Villegas, Victor)
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Filing 7
NOTICE of Appearance by Victor Villegas on behalf of All Defendants (Villegas, Victor)
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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)
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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)
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Filing 4
Summons Issued as to Mark W Gilbert, Gilbert Auto Ford, LLC. (Print attached Summons for service.) (cjm)
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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)
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Filing 3
AFFIDAVIT of Todd Casey filed by Ford Motor Credit Company LLC, a Delaware limited liability company . (Attachments: #1 Exhibit G)(Manwaring, Jed)
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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)
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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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