Nissan Motor Acceptance Corporation v. Robert Allen Auto Group, Inc. et al
| Nissan Motor Acceptance Corporation |
| Robert T. Allen, Robert Allen Group, Inc. and Robert Allen Auto Group Inc |
| 4:2019cv00067 |
| February 22, 2019 |
| US District Court for the District of Idaho |
| B Lynn Winmill |
| Negotiable Instrument |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 15
PRELIMINARY INJUNCTION ORDER The Stipulations (docket nos. #13 & #14 ) are APPROVED. 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 14 STIPULATION of Parties to Preliminary Injunction; [proposed] Preliminary Injunction by Nissan Motor Acceptance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ellingsen, Mark) |
| Filing 13 STIPULATION Joint Request to Vacate Hearing and to Enter Stipulated Preliminary Injunction Order by Nissan Motor Acceptance Corporation. (Attachments: #1 Exhibit Ex. 1- Stipulation of Parties to Preliminary Injunction; [proposed] Preliminary Injunction)(Ellingsen, Mark) |
| Filing 12 SUMMONS Returned Executed by Nissan Motor Acceptance Corporation. Robert Allen Auto Group Inc served on 3/11/2019, answer due 4/1/2019. (Ellingsen, Mark) |
| Filing 11 SUMMONS Returned Executed by Nissan Motor Acceptance Corporation. Robert T. Allen served on 3/11/2019, answer due 4/1/2019. (Ellingsen, Mark) |
| Filing 10 SUMMONS Returned Executed by Nissan Motor Acceptance Corporation. Nissan Motor Acceptance Corporation served on 3/11/2019, answer due 4/1/2019. (Ellingsen, Mark) |
| CORRECTIVE ENTRY - Please disregard docket number #10 Summons Returned Executed filed by Nissan Motor Acceptance Corporation. It has been re-filed correctly at dkt 11(jp) |
| Filing 9 AFFIDAVIT of Jeff Griffin re #8 MOTION for Temporary Restraining Order and Preliminary Injunction, #7 Order to Show Cause,, filed by Nissan Motor Acceptance Corporation . (Attachments: #1 Exhibit A-Automotive Wholesale Financing and Security Agreement, #2 Exhibit B-UCC Filings, #3 Exhibit C-Vehicles Sold Out of Trust as of January 31, 2019, #4 Exhibit D-Vehicles Sold Out of Trust as of March 5, 2019, #5 Exhibit E-Vehicle Collateral as of March 5, 2019, #6 Exhibit F-Dealer Financial Statement)(Ellingsen, Mark) |
| Filing 8 MOTION for Temporary Restraining Order and Preliminary Injunction Mark A Ellingsen appearing for Plaintiff Nissan Motor Acceptance Corporation. Responses due by 3/27/2019 (Attachments: #1 Memorandum in Support Memorandum of Points and Authorities in Support of Motion for Temporary Restraining Order, #2 Exhibit A-Automotive Wholesale Financing Agreement, #3 Exhibit B-UCC Filings, #4 Exhibit C-Vehicles Sold Out of Trust as of January 31, 2019, #5 Exhibit D-Vehicles Sold Out of Trust as of March 5, 2019, #6 Exhibit E-Vehicle Collateral Sold Out of Trust as of March 5, 2019, #7 Exhibit F-Dealer Financial Statement)(Ellingsen, Mark) |
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Filing 7
ORDER TO SHOW CAUSE - Show Cause Hearing set for 3/26/2019 11:00 AM in Pocatello - District Courtroom before Judge B. Lynn Winmill. NMAC shall serve a copy of this Order, the Verified Complaint and the Summons upon the Defendant not later than ten days prior to the date of the above noted show cause hearing by personal service. Signed by Judge B. Lynn Winmill. (Attachments: #1 Exhibit A)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| Filing 6 MOTION for Order to Show Cause Mark A Ellingsen appearing for Plaintiff Nissan Motor Acceptance Corporation. Responses due by 3/21/2019 (Attachments: #1 Memorandum in Support of NMAC's Motion for Order to Show Cause on NMAC's Second Claim for Relief-Claim and Delivery of Personal Property)(Ellingsen, Mark) |
| Filing 5 DOCKET ENTRY ORDER Approving #3 Application for Pro Hac Vice Appearance of attorney Andrew S Elliott for Nissan Motor Acceptance Corporation. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) |
| Filing 4 Summons Issued as to Robert T. Allen, Robert Allen Auto Group Inc. (Print attached Summons for service.) (Attachments: #1 Summons)(jp) |
| Filing 3 MOTION FOR PRO HAC VICE APPEARANCE by Andrew Elliott. ( Filing fee $ 250 receipt number 0976-1853470.)Mark A Ellingsen appearing for Plaintiff Nissan Motor Acceptance Corporation. Responses due by 3/19/2019 (Ellingsen, Mark) |
| Filing 2 Corporate Disclosure Statement by Nissan Motor Acceptance Corporation identifying Corporate Parent Nissan North America, Inc. for Nissan Motor Acceptance Corporation.. (Ellingsen, Mark) |
| Filing 1 COMPLAINT for (1) Breach of Wholesale Agreement; (2) Claim and Delivery; (3) Injunctive Relief; (4) Specific Performance; & (5) Breach of Guaranty against All Defendants ( Filing fee $ 400 receipt number 0976-1852204.), filed by Nissan Motor Acceptance Corporation. (Attachments: #1 Exhibit A-Wholesale Financing and Security Agreement, #2 Exhibit B-UCC Financing Statements, #3 Exhibit C-Sold Out of Trust Vehicles, #4 Exhibit D-Defendants' Vehicle Collateral as of February 4, 2019, #5 Exhibit E-May 2018 Dealer Financial Statement, #6 Exhibit F-Robert T. Allen Continuing Guaranty Agreement, #7 Cover Sheet, #8 Summons to Robert Allen Auto Group, Inc., #9 Summons to Robert Allen)(Ellingsen, Mark) |
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