De Lage Landen Financial Services, Inc. v. MB Transport Group, Inc.
| De Lage Landen Financial Services, Inc. |
| MB Transport Group, Inc. |
| 1:2021cv01980 |
| April 13, 2021 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 21
ORDER OF DISMISSAL Signed by the Honorable Martha M. Pacold on 9/15/2021:(rao, ) (Main Document 21 replaced on 9/15/2021) (rao, ).
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| Filing 20 MINUTE entry before the Honorable Martha M. Pacold: The agreed motion to dismiss without prejudice with court to retain jurisdiction to enforce parties settlement agreement #19 is granted. This case is hereby dismissed without prejudice, with each side to bear its own attorney's fees and costs. If Plaintiff does not file a motion to reinstate by 6/1/2022, this case will be treated for all purposes as dismissed with prejudice, without further order of court. Plaintiff's motion for default judgment #8 is denied as moot. Civil case terminated. (rao, ) |
| Filing 19 MOTION by Plaintiff De Lage Landen Financial Services, Inc. to dismiss without prejudice with court to retain jurisdiction to enforce parties settlement agreement (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Hill, Taryn) |
| Filing 18 STATUS Report by De Lage Landen Financial Services, Inc. (Attachments: #1 Certificate of Service)(Hill, Taryn) |
| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report #16 . The court directs the parties to file a joint status report by 9/9/2021 with an update on the current status of the case. If the defendant plans to file a motion to dismiss under Rule 12(b)(1) and/or a motion to set aside the entry of default under Rule 55(c), the parties should address each topic set forth in the court's 7/15/2021 order, see #15 . (rao, ) |
| Filing 16 STATUS Report by De Lage Landen Financial Services, Inc. (Attachments: #1 Certificate of Service)(Darcy, David) |
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Filing 15
ORDER Signed by the Honorable Martha M. Pacold on 7/15/2021: Status Report due by 7/23/2021.(rao, )
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| Filing 14 MINUTE entry before the Honorable Martha M. Pacold: This court's minute entry 13 was entered in error and is hereby stricken. ***Reopen Document MOTION by Plaintiff De Lage Landen Financial Services, Inc. for default judgment as to MB Transport Group, Inc. #8 (rao, ) |
| Filing 13 MINUTE entry before the Honorable Martha M. Pacold: On 6/25/2021, the court entered a default against defendant pursuant to Rule 55(a) for failure to timely answer or otherwise plead to plaintiff's complaint. #9 . Plaintiff moved for default judgment under Rule 55(b) #8 , and the court ordered defendant to file any objections by 7/9/2021. #9 . Counsel for defendant filed an appearance on 7/7/2021, and filed objections to the motion #12 on 7/9/2021. The motion for entry of default judgment under Rule 55(b) #8 is denied without prejudice. The parties are directed to meet and confer and submit a joint status report by 7/29/2021 on the following topics: (1) With respect to the 6/25/2021 entry of default under Rule 55(a), whether defendant intends to file a motion under Fed. R. Civ. P. 55(c) to set aside the entry of default. Any motion must satisfy the requirements of Rule 55(c). See, e.g., Arwa Chiropractic, P.C. v. Med-Care Diabetic & Med. Supplies, Inc., 961 F.3d 942, 949 (7th Cir. 2020) ("To succeed in the vacation of a default order under Rule 55(c), the defendant must show (1) good cause for [its] default; (2) quick action to correct it; and (3) a meritorious defense to the plaintiff's complaint.") (citations and internal quotation marks omitted). If defendant intends to file such a motion, the status report should also indicate whether plaintiffs would oppose such a motion, and if so, propose a briefing schedule. (2) Whether plaintiff plans to move to reinstate the motion for entry of default judgment pursuant to Rule 55(b). If plaintiff intends to refile such a motion, the status report should indicate whether defendant would oppose such a motion, and if so, propose a briefing schedule. (3) The parties should propose a schedule for moving the case forward, including any deadlines the parties may propose during the next 60 days. (rao, ) |
| Filing 12 OBJECTIONS to the Motion for Default (Attachments: #1 Exhibit Exhibits to Objection to Default, #2 Notice of Filing Notice of Filing)(Nelson, Daniel) |
| Filing 11 ATTORNEY Appearance for Defendant MB Transport Group, Inc. by Daniel Michael Nelson of Nelson Law Offices, PC (Nelson, Daniel) |
| Filing 10 CERTIFICATE of Service by Taryn Holland Hill on behalf of De Lage Landen Financial Services, Inc. regarding set motion and R&R deadlines/hearings,, #9 (Hill, Taryn) |
| Filing 9 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for default judgment #8 is granted in part. Pursuant to Rule 55(a), the court enters a default against Defendant MB Transport Group, Inc. for failure to answer or otherwise plead to Plaintiff's complaint. Plaintiff shall serve defendant with a copy of this order. If defendant objects to plaintiff's motion for default judgment #8 , it must enter an appearance and file a written objection by 7/9/2021. If no objection is filed, the court will consider plaintiff's motion unopposed. (rao, ) |
| Filing 8 MOTION by Plaintiff De Lage Landen Financial Services, Inc. for default judgment as to MB Transport Group, Inc. (Attachments: #1 Exhibit A-D, #2 Certificate of Service)(Hill, Taryn) |
| Filing 7 STATUS Report by De Lage Landen Financial Services, Inc. (Attachments: #1 Notice of Filing)(Darcy, David) |
| Filing 6 MINUTE entry before the Honorable Martha M. Pacold: The parties were directed to file an initial joint status report by 5/25/201. See #5 . To date, the parties have not done so. The parties are directed to file an initial joint status report by 6/22/2021. (rao, ) |
| Filing 5 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 5/25/2021. (Attachments: #1 Initial Status Report outline) (rao, ) |
| Filing 4 SUMMONS Returned Executed by De Lage Landen Financial Services, Inc. as to MB Transport Group, Inc. on 4/19/2021, answer due 5/10/2021. (Darcy, David) |
| SUMMONS Issued as to Defendant MB Transport Group, Inc. (jg, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff De Lage Landen Financial Services, Inc. by Taryn Holland Hill (Hill, Taryn) |
| Filing 2 ATTORNEY Appearance for Plaintiff De Lage Landen Financial Services, Inc. by David Alexander Darcy (Darcy, David) |
| Filing 1 COMPLAINT filed by De Lage Landen Financial Services, Inc.; Filing fee $ 402, receipt number 0752-18120473. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Darcy, David) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (acm, ) |
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