Caterpillar Financial Services Corporation v. Peoples National Bank, N.A.
Plaintiff: Caterpillar Financial Services Corporation
Defendant: Peoples National Bank, N.A. and S. Coal Company
Case Number: 3:2010cv00298
Filed: April 19, 2010
Court: US District Court for the Southern District of Illinois
Office: East St. Louis Office
County: Jefferson
Presiding Judge: G Patrick Murphy
Referring Judge: Donald G Wilkerson
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 30, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 30, 2013 Filing 161 RECEIPT for Permanent Release of Exhibits. (Doyle, Daniel)
May 30, 2013 Filing 160 RECEIPT for Permanent Release of Exhibits. (Attachments: #1 Supplement Certificate of service)(Horn, Evie)
April 9, 2013 Opinion or Order Filing 159 ORDER granting #157 motion to discharge supersedeas bond. Signed by Judge G. Patrick Murphy on 4/9/2013. (mab)
April 9, 2013 Filing 158 NOTICE OF ERRORS AND/OR DEFICIENCIES re #157 Motion for Release of Bond Obligation filed by Peoples National Bank, N.A. See attached document for specifics. (tkm )
April 8, 2013 Filing 157 MOTION for Release of Bond Obligation by Peoples National Bank, N.A.. (Attachments: #1 Exhibit A-Satisfaction of Judgment)(Horn, Evie)
April 8, 2013 Opinion or Order Filing 156 ORDER: GRANTING #154 MOTION to Withdraw filed by Caterpillar Financial Services Corporation. WITHDRAWING #151 MOTION to Enforce Supersedeas Bond Against Surety by Travelers Casualty and Surety Company of America filed by Caterpillar Financial Services Corporation. The Hearing set 4/15/2013 is CANCELED. Signed by Judge G. Patrick Murphy on 4/8/2013. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 8, 2013 Filing 155 SATISFACTION OF JUDGMENT re #121 Judgment by Caterpillar Financial Services Corporation. (Doyle, Daniel)
April 3, 2013 Filing 154 MOTION TO WITHDRAW/NOTICE by Caterpillar Financial Services Corporation re #151 MOTION to Enforce Supersedeas Bond Against Surety by Travelers Casualty and Surety Company of America Notice of Withdrawal of Motion to Enforce Supersedeas Bond (Doyle, Daniel) Modified on 4/5/2013 (tkm ).
April 2, 2013 Filing 153 NOTICE of Hearing on #151 MOTION to Enforce Supersedeas Bond Against Surety by Travelers Casualty and Surety Company of America: Motion Hearing SET for 4/15/2013 at 01:00 PM in East St. Louis Courthouse before Judge G. Patrick Murphy. The parties are ORDERED to give notice of this hearing to Travelers Casualty and Surety Company of America.(lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 26, 2013 Filing 152 MANDATE of USCA as to #137 Notice of Appeal filed by Peoples National Bank, N.A. Judgment of District Court is AFFIRMED. (Attachments: #1 Certified Opinion, #2 Certified Judgment)(cekf)
March 18, 2013 Filing 151 WITHDRAWN (SEE ORDER AT DOC. 156) - MOTION to Enforce Supersedeas Bond Against Surety by Travelers Casualty and Surety Company of America by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Judgment, #2 Exhibit B - Order, #3 Exhibit C - Supersedeas Bond, #4 Exhibit D - Final Judgment)(Doyle, Daniel) Modified on 4/9/2013 (tkm ).
February 5, 2013 Filing 150 Acknowledgment of receipt of Record on Appeal (1 vol. exhibits) by USCA 7 re #137 Notice of Appeal (drb)
February 1, 2013 Filing 149 Certified and Transmitted Record on Appeal to US Court of Appeals (Binder of Exhibits 1-55) re #137 Notice of Appeal (tkm )
January 16, 2013 Filing 148 Acknowledgment of receipt of Record on Appeal (electronic transcript of proceedings held on 4/11/12 and 4/10/12) by USCA 7 re #137 Notice of Appeal (drb)
January 16, 2013 Filing 147 Acknowledgment of receipt of Record on Appeal (16 vols. pleadings) by USCA 7 re #137 Notice of Appeal (drb)
January 15, 2013 Filing 146 Certified and Transmitted Record on Appeal to US Court of Appeals re #137 Notice of Appeal (tkm )
January 14, 2013 Filing 145 Request from USCA to transmit Record on Appeal re #137 Notice of Appeal (drb)
August 24, 2012 Record on Appeal Prepared re #137 Notice of Appeal (tkm)
August 20, 2012 Filing 144 MANDATE of USCA (certified copy) as to #126 Notice of Appeal filed by Peoples National Bank, N.A.. Appeal is dismissed pursuant to FRAP 42(b). (Attachments: #1 Order)(slj)
August 14, 2012 Filing 143 NOTICE (Supersedeas Bond) by Peoples National Bank, N.A. re #141 Order on Motion to Stay, Supersedeas Bond (Horn, Evie) Modified on 8/14/2012 (tkm ).
August 13, 2012 Filing 142 USCA Appeal Fees received $ 455 receipt number 34635034402 re #137 Notice of Appeal filed by Peoples National Bank, N.A. (jlrr )
August 13, 2012 Opinion or Order Filing 141 ORDER re motion for approval of supersedeas bond and stay of execution of judgment #131 : the bond and surety are approved. Plaintiff Caterpillar Financial Services Corporation is STAYED from executing on or enforcing this Court's judgment pending resolution of the appeal by United States Court of Appeals for the Seventh Circuit. Signed by Judge G. Patrick Murphy on 8/13/2012. (mab)
August 10, 2012 Filing 140 USCA Case Number 12-2854 for #137 Notice of Appeal filed by Peoples National Bank, N.A.. (jlrr )
August 10, 2012 Filing 139 Circuit Rule 10 Letter. (tkm )
August 10, 2012 Filing 138 Transmission of Short Record to US Court of Appeals re #137 Notice of Appeal Appeal Record due to be prepared by 8/24/2012. (tkm )
August 9, 2012 Filing 137 NOTICE OF APPEAL as to #120 Order,, #121 Judgment by Peoples National Bank, N.A.. (Horn, Evie)
August 8, 2012 Filing 136 RESPONSE to Motion re #131 MOTION to Stay re #121 Judgment filed by Caterpillar Financial Services Corporation. (Jacober, Matthew)
August 8, 2012 Set/Reset Deadlines as to #131 MOTION to Stay re #121 Judgment. Caterpillar Financial Services Corporation's Response is due on or before 8/13/2012. (tkm )
August 7, 2012 Opinion or Order Filing 135 ORDER: On July 31, 2012, Peoples National Bank, N.A. filed a motion for approval of supersedeas bond and stay of execution of judgment #131 . Plaintiff Caterpillar Financial Services Corporation is ORDERED to file a response, if any, to the motion #131 on or before August 13, 2012. Signed by Judge G. Patrick Murphy on 8/7/2012. (mab)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 6, 2012 Filing 134 Costs Taxed in amount of $10,458.51 against Peoples National Bank, N.A. (tkm )
August 3, 2012 Record on Appeal Prepared re #126 Notice of Appeal (tkm )
August 2, 2012 Opinion or Order Filing 133 ORDER: The Court finds Plaintiff's costs reasonably necessary to the case. Plaintiff's Bill of Costs #122 is GRANTED. Costs in the amount of $10,458.51 are taxed in favor of Plaintiff Caterpillar Financial Services Corporation. Signed by Judge G. Patrick Murphy on 8/2/2012. (MAB)
August 1, 2012 Opinion or Order Filing 132 ORDER granting #130 motion to dismiss: Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c), the counter-claim for unjust enrichment filed by Defendant/Counter-Claimant, Peoples National Bank is DISMISSED with prejudice. Signed by Judge G. Patrick Murphy on 8/1/2012. (mab)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 31, 2012 Filing 131 MOTION to Stay re #121 Judgment by Peoples National Bank, N.A.. (Horn, Evie)
July 28, 2012 Filing 130 MOTION to Dismiss Counterclaim by Peoples National Bank, N.A.. Responses due by 8/30/2012 (Horn, Evie)
July 24, 2012 Filing 129 USCA Case Number 12-2722 for #126 Notice of Appeal filed by Peoples National Bank, N.A. (slj)
July 24, 2012 Filing 128 Transmission of Short Record to US Court of Appeals re #126 Notice of Appeal Appeal Record due to be prepared by 8/7/2012. (jaj)
July 24, 2012 Filing 127 CIRCUIT RULE 10 Letter (jaj)
July 23, 2012 Filing 126 NOTICE OF APPEAL as to #120 Order,, #121 Judgment by Peoples National Bank, N.A.. Filing fee $ 455, receipt number 0754-1741544. (Horn, Evie)
July 18, 2012 Filing 125 Transcript of TRIAL DAY #1 held on 4/10/12, before Judge G. Patrick Murphy. Court Reporter/Transcriber Laura A. Blatz, Telephone number (618) 482-9481. NOTICE: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. This policy is located on our website at www.ilsd.uscourts.gov/Forms/CMECFTranscriptPolicy.pdf. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/8/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/16/2012. (lb)
July 17, 2012 Filing 124 Transcript of TRIAL/DAY 2 held on 04/11/2012, before Judge G. Patrick Murphy. Court Reporter Molly N. Clayton, Telephone number (618)482-9226.

< NOTICE: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. This policy is located on our website at www.ilsd.uscourts.gov/Forms/CMECFTranscriptPolicy.pdf.

< Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/7/2012. Redacted Transcript Deadline set for 8/17/2012. Release of Transcript Restriction set for 10/15/2012. (mnc)
July 13, 2012 Filing 123 Notice re Taxation of Costs: Action due by 7/27/2012. (tkm )
July 12, 2012 Filing 122 BILL OF COSTS by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C, #4 Exhibit Attachment D)(Thompson, Jaimie)
June 28, 2012 Filing 121 JUDGMENT in favor of Caterpillar Financial Services Corporation and against Peoples National Bank. Signed by Judge G. Patrick Murphy on 6/28/2012. (mab)
June 28, 2012 Opinion or Order Filing 120 ORDER: This action was tried by District Judge G. Patrick Murphy without a jury. Plaintiff Caterpillar Financial Services Corporation carried its burden of proof on its claim for conversion. Defendant, Peoples National Bank, is liable to Caterpillar for conversion in the amount of $2,398,313.86, with pre-judgment interest at a rate of 1.93%, to be computed from February 25, 2010. Plaintiff Caterpillar failed to prove Peoples National Bank intentionally interfered with Caterpillars contract. The Bank is not liable to Caterpillar for tortious interference with contract. Signed by Judge G. Patrick Murphy on 6/28/2012. (mab)
April 11, 2012 Filing 119 EXHIBIT #50 - REFUSED by the Court (lmm)
April 11, 2012 Filing 118 Trial Exhibit List. All exhibits retained by the court as the matter was taken under advisement. (lmm)
April 11, 2012 Filing 117 Minute Entry for proceedings held before Judge G. Patrick Murphy: Day 2 of Bench Trial completed on 4/11/2012. (Court Reporter Molly Clayton.) (lmm)
April 11, 2012 Filing 116 DEPOSITION - Excerpts of deposition of Robert Turner taken on 1/10/2011 and read to the court on 4/10/2012. (lmm)
April 10, 2012 Filing 115 JOINT STIPULATION re Exhibits (lmm)
April 10, 2012 Filing 114 Minute Entry for proceedings held before Judge G. Patrick Murphy: Day 1 of Bench Trial held on 4/10/2012. GRANTING #110 MOTION to Bar Unpleaded Defense and to Prohibit Evidence at Trial filed by Caterpillar Financial Services Corporation. DENYING as MOOT #105 MOTION in Limine filed by Caterpillar Financial Services Corporation. The court GRANTS oral motion of plaintiff to dismiss S Coal Comapny. S Coal Company terminated. (Court Reporter Laura Blatz.) (lmm)
April 10, 2012 Set Hearing: Bench Trial will continue on 4/11/2012 at 08:00 AM in East St. Louis Courthouse before Judge G. Patrick Murphy. (lmm)
April 9, 2012 Filing 113 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Peoples National Bank, N.A.. (Horn, Evie)
April 9, 2012 Filing 112 NOTICE of Appearance by Marvin G. Miller on behalf of Peoples National Bank, N.A. (Miller, Marvin)
April 9, 2012 Filing 111 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Caterpillar Financial Services Corporation. (Jacober, Matthew)
April 3, 2012 Filing 110 MOTION to Bar Unpleaded Defense and to Prohibit Evidence at Trial by Caterpillar Financial Services Corporation. (Doyle, Daniel)
April 2, 2012 Filing 109 Minute Entry for proceedings held before Judge G. Patrick Murphy: Final Pretrial Conference held on 4/2/2012. BENCH TRIAL remains SET 4/10/2012 at 8:00 AM in East St Louis Courthouse before Judge G. Patrick Murphy. (Court Reporter Molly Clayton.) (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 2, 2012 Filing 108 TRIAL BRIEF by Peoples National Bank, N.A.. (Horn, Evie)
April 2, 2012 Filing 107 TRIAL BRIEF by Caterpillar Financial Services Corporation. (Jacober, Matthew)
March 22, 2012 Filing 106 MEMORANDUM in Support re #105 MOTION in Limine to Exclude Parol Evidence filed by Caterpillar Financial Services Corporation. (Doyle, Daniel)
March 22, 2012 Filing 105 MOTION in Limine by Caterpillar Financial Services Corporation. (Doyle, Daniel)
March 19, 2012 Filing 104 RETURN OF SERVICE EXECUTED by Caterpillar Financial Services Corporation on 2/24/2012. (Thompson, Jaimie)
March 19, 2012 Filing 103 RETURN OF SERVICE EXECUTED by Caterpillar Financial Services Corporation on 2/24/2012. (Thompson, Jaimie)
March 19, 2012 Filing 102 RULE 26(a)(3) Disclosures, Designations, and Objections byCaterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Exhibit List)(Thompson, Jaimie)
March 19, 2012 Opinion or Order Filing 101 ORDER: GRANTING #97 Consent MOTION for Extension of Time filed by Caterpillar Financial Services Corporation. Plaintiff SHALL file their Rule 26(a)(3) disclosures instanter. Signed by Judge G. Patrick Murphy on 3/19/2012. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 19, 2012 Filing 100 NOTICE OF ERRORS AND/OR DEFICIENCIES re #97 Motion for Extension of Time filed by Caterpillar Financial Services Corporation. See attached document for specifics (lmm)
March 19, 2012 Filing 99 NOTICE by Caterpillar Financial Services Corporation Notification of Withdraw of Subpoena Issued to Walter L. Hawkins, Jr. (Doyle, Daniel)
March 16, 2012 Filing 98 OBJECTION to #96 Rule 26(a)(3) Disclosures Designations and Objections by Caterpillar Financial Services Corporation. (Thompson, Jaimie)
March 16, 2012 Filing 97 Consent MOTION for Extension of Time by Caterpillar Financial Services Corporation. (Attachments: # 1 Rule 26(a)(3) Disclosures, # 2 Exhibit Exhibit List)(Thompson, Jaimie)
March 8, 2012 Filing 96 RULE 26(a)(3) Disclosures, Designations, and Objections byPeoples National Bank, N.A.. (Attachments: #1 Exhibit)(Wernsman, Brian)
March 1, 2012 Filing 95 RULE 26(a)(3) Disclosures, Designations, and Objections byPeoples National Bank, N.A.. (Attachments: #1 Exhibit Exhibit list)(Horn, Evie)
February 29, 2012 Filing 94 RETURN OF SERVICE EXECUTED by Caterpillar Financial Services Corporation on 2/21/12. (Thompson, Jaimie)
January 30, 2012 Filing 93 Minute Entry for proceedings held before Judge G. Patrick Murphy: Status Conference held on 1/30/2012. Final Pretrial Conference SET for 4/2/2012 at 01:30 PM in East St. Louis Courthouse before Judge G. Patrick Murphy. Bench Trial SET for 4/10/2012 at 08:00 AM in East St. Louis Courthouse before Judge G. Patrick Murphy. Prior to the final pretrial conference, the parties shall electronically file a trial memorandum setting out their respective positions. Prior to the bench trial, the parties shall electronically file their proposed findings of fact and conclusions of law. (Court Reporter Molly Clayton.) (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 5, 2012 Filing 92 NOTICE of Appearance by Matthew A. Jacober on behalf of Caterpillar Financial Services Corporation (Jacober, Matthew)
January 4, 2012 Filing 91 NOTICE of Hearing: Status Conference SET for 1/30/2012 at 08:00 AM in East St. Louis Courthouse before Judge G. Patrick Murphy. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 7, 2011 Filing 90 SUMMONS Returned Executed by Caterpillar Financial Services Corporation. S. Coal Company served on 12/5/2011, answer due 12/27/2011. (Thompson, Jaimie)
November 21, 2011 Filing 89 Affirmative Defenses to #86 Amended Complaint, by Peoples National Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Horn, Evie)
November 21, 2011 Filing 88 ANSWER to #86 Amended Complaint, by Peoples National Bank, N.A..(Horn, Evie)
November 15, 2011 Filing 87 Summons Reissued as to S. Coal Company. (jlrr )
November 14, 2011 Filing 86 AMENDED COMPLAINT against Peoples National Bank, N.A., S. Coal Company, filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Errata 13)(Thompson, Jaimie)
November 8, 2011 Opinion or Order Filing 85 ORDER SETTING ASIDE #84 Clerk's Entry of Default against S. Coal Company; DENYING #68 MOTION for Summary Judgment filed by Peoples National Bank, N.A.; and DENYING #72 MOTION for Summary Judgment filed by Caterpillar Financial Services Corporation. Plaintiff Caterpillar Financial Services Corporation is ORDERED to file a Fourth Amended Complaint on or before November 21, 2011, to establish the citizenship of S. Coal Company and Peoples National Bank, N.A. (Amended Pleadings due by 11/21/2011.) Signed by Judge G. Patrick Murphy on 11/8/2011. (ssd)
September 8, 2011 Filing 84 DEFAULT SET ASIDE per Order filed 11/8/2011: Clerk's ENTRY OF DEFAULT as to S Coal Company on 9/8/11. (drb) Modified on 11/8/2011 (lmm).
September 8, 2011 Filing 83 NOTICE OF ERRORS AND/OR DEFICIENCIES re #82 Motion for Default Judgment filed by Caterpillar Financial Services Corporation. Proposed document was attached to filing. Proposed documents are to be e-mailed rather than e-filed. In this instance, clerk will prepare order and file accordingly. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 7, 2011 Filing 82 MOTION for Default Judgment as to S. Coal Company by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed Order)(Thompson, Jaimie)
May 25, 2011 Filing 81 RESPONSE to #76 Response in Opposition to Motion, Reply in Support of Caterpillar Financial Services Corporation's Motion for Partial Summary Judgment filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 29, #2 Exhibit 30, #3 Exhibit 31, #4 Exhibit 32, #5 Exhibit 33)(Doyle, Daniel)
May 18, 2011 Opinion or Order Filing 80 ORDER. Due to defense counsel's representations that settlement negotiations would be futile, the Settlement Conference before Magistrate Judge Donald G. Wilkerson on 5/25/2011 at 9:00 a.m. is CANCELED. Signed by Magistrate Judge Donald G. Wilkerson on 5/18/11. (alg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 13, 2011 Filing 79 SUMMONS Returned Executed by Caterpillar Financial Services Corporation. S. Coal Company served on 5/10/2011, answer due 5/31/2011. (Doyle, Daniel)
May 11, 2011 Filing 78 RESPONSE to #69 Memorandum in Support of Motion, Statement of Facts and Plaintiff's Additional Statement of Uncontroverted Material Fact filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Doyle, Daniel)
May 11, 2011 Filing 77 MEMORANDUM in Opposition re #68 MOTION for Summary Judgment filed by Caterpillar Financial Services Corporation. (Doyle, Daniel)
May 11, 2011 Filing 76 RESPONSE in Opposition re #72 MOTION for Summary Judgment filed by Peoples National Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Horn, Evie)
May 3, 2011 Filing 75 NOTICE OF ERRORS AND/OR DEFICIENCIES re #70 Exhibit, filed by Peoples National Bank, N.A., #71 Exhibit filed by Peoples National Bank, N.A. See attached document for specifics. (drb)
May 2, 2011 Filing 74 Summons Issued as to S. Coal Company. (drb)
April 29, 2011 Filing 73 MEMORANDUM in Support re #72 MOTION for Summary Judgment filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Errata 27, #28 Exhibit 28)(Doyle, Daniel)
April 29, 2011 Filing 72 MOTION for Summary Judgment by Caterpillar Financial Services Corporation. Responses due by 6/3/2011 (Doyle, Daniel)
April 29, 2011 Filing 71 EXHIBIT by Peoples National Bank, N.A.. Exhibit to #69 Memorandum in Support of Motion,. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21)(Horn, Evie)
April 29, 2011 Filing 70 EXHIBIT by Peoples National Bank, N.A.. Exhibit to #69 Memorandum in Support of Motion,. (Attachments: #1 Exhibit 10-PART 1, #2 Exhibit 10-PART 2, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15)(Horn, Evie)
April 29, 2011 Filing 69 MEMORANDUM in Support re #68 MOTION for Summary Judgment filed by Peoples National Bank, N.A.. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3, #4 Exhibit Ex 4, #5 Exhibit Ex 5, #6 Exhibit Ex 6, #7 Exhibit Ex 7, #8 Exhibit Ex 8, #9 Exhibit Ex 9)(Horn, Evie)
April 29, 2011 Filing 68 MOTION for Summary Judgment by Peoples National Bank, N.A.. Responses due by 6/3/2011 (Horn, Evie)
April 22, 2011 Set/Reset Deadlines as to Response to any Dispositive Motions due by 5/11/2011 (tkm )
April 21, 2011 Opinion or Order Filing 67 ORDER GRANTING #66 Consent MOTION to Continue Settlement Conference filed by Caterpillar Financial Services Corporation. The Settlement Conference is RESET for 5/25/2011 at 09:00 AM in the East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 4/21/11. (alg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 21, 2011 Filing 66 Consent MOTION to Continue Settlement Conference by Caterpillar Financial Services Corporation. (Doyle, Daniel)
April 21, 2011 Opinion or Order Filing 65 ORDER: At the request of defendant, there being no objection by plaintiff, Dispositive Motions deadline is EXTENDED to 4/29/2011. Plaintiff shall file its response to any dispositive motion by 5/11/2011. Signed by Judge G. Patrick Murphy on 4/21/2011. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 19, 2011 Filing 64 Affirmative Defenses to Third #62 Amended Complaint, by Peoples National Bank, N.A.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13)(Horn, Evie)
April 19, 2011 Filing 63 ANSWER to #62 Amended Complaint, Answer to 3rd Amended Complaint by Peoples National Bank, N.A..(Horn, Evie)
April 6, 2011 Filing 62 AMENDED COMPLAINT Third Amended Complaint against Peoples National Bank, N.A., filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Doyle, Daniel)
March 28, 2011 Filing 61 Minute Entry for proceedings held before Judge G. Patrick Murphy: Motion Hearing held on 3/28/2011. DENYING #46 MOTION to Dismiss Count IV filed by Peoples National Bank N.A. Plaintiff's oral motion to amend is GRANTED. Amended Pleadings due by 4/11/2011. (Court Reporter Molly Clayton.) (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 15, 2011 Filing 60 NOTICE by Caterpillar Financial Services Corporation of Intent to Issue and Serve Subpoenas to Produce Documents, Information or Objects (Thompson, Jaimie)
February 25, 2011 Filing 59 NOTICE of Appearance by Jaimie L. Thompson on behalf of Caterpillar Financial Services Corporation (Thompson, Jaimie)
February 15, 2011 Filing 58 NOTICE of Hearing on #46 MOTION to Dismiss Count IV: Motion Hearing set for 3/28/2011 at 10:00 AM in East St. Louis Courthouse before Judge G. Patrick Murphy. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 7, 2011 Filing 57 NOTICE OF ERRORS AND/OR DEFICIENCIES re #56 Notice of Appearance filed by Caterpillar Financial Services Corporation. See attached document for specifics (tkm )
February 4, 2011 Filing 56 NOTICE of Appearance by Daniel D. Doyle on behalf of Caterpillar Financial Services Corporation (Doyle, Daniel)
February 3, 2011 Opinion or Order Filing 55 AMENDED SCHEDULING ORDER. Discovery due by 4/5/2011. Dispositive Motions due by 4/22/2011. Settlement Conference is RESET for 5/13/2011 at 09:00 AM in the East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 2/3/11. (alg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 3, 2011 Opinion or Order Filing 54 ORDER GRANTING #53 Motion for Extension of Time to Complete Discovery. Amended Scheduling Order to issue. Signed by Magistrate Judge Donald G. Wilkerson on 2/3/11. (alg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 3, 2011 Filing 53 MOTION for Extension of Time to Complete Discovery by Peoples National Bank, N.A.. (Wernsman, Brian)
January 26, 2011 Filing 52 NOTICE by Peoples National Bank, N.A. Certificate of Service-Expert (Horn, Evie)
January 26, 2011 Filing 51 RESPONSE in Opposition re #46 MOTION to Dismiss Count IV filed by Caterpillar Financial Services Corporation. (Hardy, Ryan)
January 26, 2011 Opinion or Order Filing 50 ORDER: Due to a scheduling conflict with the Court's calendar, the Settlement Conference is RESET for 2/16/2011 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 1/26/2011. (jmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 25, 2011 Filing 49 NOTICE by Caterpillar Financial Services Corporation Certificate of Service of Plaintiff's Expert Report (Hardy, Ryan)
January 3, 2011 Opinion or Order Filing 48 ORDER granting re #43 MOTION to Appear Pro Hac Vice by Attorney Ryan C. Hardy $100 fee paid, entered 1/3/2011. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 30, 2010 Filing 47 MEMORANDUM in Support re #46 MOTION to Dismiss Count IV filed by Peoples National Bank, N.A.. (Attachments: #1 Exhibit Prom Note Sec Agmts, #2 Exhibit 7-14-06 UCC, #3 Exhibit 7-14-06 Subordination Agmt, #4 Exhibit 8-27-08 UCC, #5 Exhibit 9-6-2005 CT PEC UCC, #6 Exhibit 7-29-08 Subord Agmt, #7 Exhibit 6-25-09 Am Subord Agmt, #8 Exhibit PNB sale notice, #9 Exhibit CFSC consent, #10 Exhibit CFSC sale notice)(Horn, Evie)
December 30, 2010 Filing 46 MOTION to Dismiss Count IV by Peoples National Bank, N.A.. Responses due by 2/1/2011 (Horn, Evie)
December 30, 2010 Filing 45 Affirmative Defenses to #42 Amended Complaint, by Peoples National Bank, N.A.. (Attachments: #1 Exhibit Prom Note, Sec Agmt, #2 Exhibit 7-14-06 PNB UCC, #3 Exhibit Subordination Agmt, #4 Exhibit 8-27-08 PNB UCC, #5 Exhibit 9-6-05 CT-PEC UCC, #6 Exhibit 7-29-08 Subordination Agmt, #7 Exhibit 6-25-09 Am Subordination Agmt, #8 Exhibit Bill of Sale, #9 Exhibit Settlement Agmt, #10 Exhibit PEC Guaranty, #11 Exhibit Release, #12 Exhibit CFSC Consent)(Horn, Evie)
December 30, 2010 Filing 44 ANSWER to #42 Amended Complaint, by Peoples National Bank, N.A..(Horn, Evie)
December 30, 2010 Filing 43 MOTION to Appear Pro Hac Vice by AttorneyRyan C. Hardy $100 fee paid,receipt number 0754-1297538 by on behalf of Caterpillar Financial Services Corporation. (Hardy, Ryan)
December 17, 2010 Filing 42 AMENDED COMPLAINT Second Amended Complaint against Peoples National Bank, N.A., filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Doyle, Daniel)
December 17, 2010 Opinion or Order Filing 41 ORDER GRANTING #40 Plaintiff's Motion for Leave to File Second Amended Complaint. Plaintiff is directed to e-file its Second Amended Complaint by December 20, 2010. Signed by Magistrate Judge Donald G. Wilkerson on 12/17/10. (alg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 16, 2010 Filing 40 MOTION for Leave to File Second Amended Complaint by Caterpillar Financial Services Corporation. (Doyle, Daniel)
December 10, 2010 Filing 39 Affirmative Defenses to #32 Amended Complaint, by Peoples National Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Horn, Evie)
December 10, 2010 Filing 38 ANSWER to #32 Amended Complaint, by Peoples National Bank, N.A..(Horn, Evie)
December 6, 2010 Set/Reset Deadlines: Second Amended Complaint due by 12/17/2010. (tkm )
December 3, 2010 Opinion or Order Filing 37 ORDER GRANTING #36 Plaintiff's Motion for Extension of Time to Amend. Plaintiff shall have until 12/17/10 to file a second amended complaint. Signed by Magistrate Judge Donald G. Wilkerson on 12/3/10. (alg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 3, 2010 Filing 36 MOTION for Extension of Time to Amend Complaint by Caterpillar Financial Services Corporation. (Doyle, Daniel)
November 22, 2010 Opinion or Order Filing 35 ORDER GRANTING #34 MOTION for Extension of Time to File Answer re #32 Amended Complaint filed by Peoples National Bank, N.A. Defendant Peoples National Bank, N.A. shall file its answer or other responsive pleading by 12/10/2010. Signed by Magistrate Judge Donald G. Wilkerson on 11/22/10. (alg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 19, 2010 Filing 34 MOTION for Extension of Time to File Answer re #32 Amended Complaint, by Peoples National Bank, N.A.. (Wernsman, Brian)
November 16, 2010 Filing 33 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #31 Notice (Other) filed by Caterpillar Financial Services Corporation. See attached document for specifics (tkm )
November 15, 2010 Filing 32 AMENDED COMPLAINT against Peoples National Bank, N.A., filed by Caterpillar Financial Services Corporation. (Attachments: #1 Equipment Schedule, #2 Financing Statement, #3 Loan Amendment, #4 Financing Statement, #5 Financing Statement, #6 Bill of Sale, #7 Collateral Control Agreement, #8 Financing Statement, #9 Letter, #10 Notice, #11 Bill of Sale)(Doyle, Daniel)
November 15, 2010 Set Deadlines: Amended Complaint due by 11/17/2010. (tkm )
November 12, 2010 Filing 31 ENTRY STRICKEN - NOTICE by Caterpillar Financial Services Corporation Notice of Intent to Issue and Serve Subpoena (Hughes, Laura) Modified on 11/16/2010 (tkm ).
November 12, 2010 Opinion or Order Filing 30 ORDER GRANTING #28 Plaintiff's Motion for Leave to File First Amended Complaint. Plaintiff is directed to e-file its Amended Complaint by 11/17/10.Signed by Magistrate Judge Donald G. Wilkerson on 11/12/10. (alg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 10, 2010 Filing 29 RESPONSE in Opposition re #28 MOTION for Leave to File FIRST AMENDED COMPLAINT filed by Peoples National Bank, N.A.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Horn, Evie)
October 29, 2010 Filing 28 MOTION for Leave to File FIRST AMENDED COMPLAINT by Caterpillar Financial Services Corporation. (Doyle, Daniel)
October 4, 2010 Filing 27 Minute Entry for proceedings held before Judge G. Patrick Murphy: Motion Hearing held on 10/4/2010. DENYING #13 MOTION for Judgment on the Pleadings filed by Caterpillar Financial Services Corporation. (Court Reporter Molly Clayton.) (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 30, 2010 Filing 26 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #25 Notice (Other) filed by Peoples National Bank, N.A., #24 Notice (Other) filed by Caterpillar Financial Services Corporation. See attached document for specifics (tkm )
September 28, 2010 Filing 25 ENTRY STRICKEN - NOTICE by Peoples National Bank, N.A. Certificate of Service of Interrogatories to Plaintiff and Request for Production to Plaintiff (Wernsman, Brian) Modified on 9/30/2010 (tkm ).
September 28, 2010 Filing 24 ENTRY STRICKEN - NOTICE by Caterpillar Financial Services Corporation Certificate of Service for Plaintiff's First Interrogatories and First Request for Documents (Doyle, Daniel) Modified on 9/30/2010 (tkm ).
September 16, 2010 Filing 23 REPLY to Response to Motion re #13 MOTION for Judgment on the Pleadings filed by Caterpillar Financial Services Corporation. (Doyle, Daniel)
September 3, 2010 Filing 22 NOTICE of Appearance by Evie S. Horn on behalf of Peoples National Bank, N.A. (Horn, Evie)
September 3, 2010 Filing 21 MEMORANDUM in Opposition re #13 MOTION for Judgment on the Pleadings filed by Peoples National Bank, N.A.. (Wernsman, Brian)
September 3, 2010 Filing 20 RESPONSE to Motion re #13 MOTION for Judgment on the Pleadings filed by Peoples National Bank, N.A.. (Wernsman, Brian)
August 31, 2010 Opinion or Order Filing 19 ORDER REGARDING DISCOVERY. Signed by Magistrate Judge Donald G. Wilkerson on 8/31/2010. (jmp)
August 31, 2010 Opinion or Order Filing 18 ORDER AND NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 2/17/2011 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson.(jmp)
August 31, 2010 Opinion or Order Filing 17 SCHEDULING ORDER: Discovery due by 2/4/2011. Dispositive Motions due by 2/21/2011. Signed by Magistrate Judge Donald G. Wilkerson on 8/31/2010. (jmp)
August 31, 2010 Opinion or Order Filing 16 ORDER: Telephone Scheduling/Discovery Conference set for 9/2/2010 at 2:00 PM is hereby CANCELED. Scheduling orders to issue. Signed by Magistrate Judge Donald G. Wilkerson on 8/31/2010. (jmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 13, 2010 Filing 15 NOTICE of Hearing on #13 MOTION for Judgment on the Pleadings: Motion Hearing set for 10/4/2010 at 09:00 AM in East St. Louis Courthouse before Judge G. Patrick Murphy. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 5, 2010 Filing 14 MEMORANDUM in Support re #13 MOTION for Judgment on the Pleadings filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit Declaration of Tom Cherry)(Doyle, Daniel)
August 5, 2010 Filing 13 MOTION for Judgment on the Pleadings by Caterpillar Financial Services Corporation. Responses due by 9/7/2010 (Doyle, Daniel)
July 26, 2010 Filing 12 NOTICE TO COUNSEL: Telephone Scheduling/Discovery Conference set for 9/2/2010 at 2:00 PM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. (jmp)
July 21, 2010 Filing 11 RESPONSE to #10 Answer to Counterclaim RE: Answer to Affirmative to Counterclaim filed by Peoples National Bank, N.A.. (Wernsman, Brian)
July 19, 2010 Filing 10 ANSWER to #7 Counterclaim, by Caterpillar Financial Services Corporation.(Doyle, Daniel)
July 19, 2010 Filing 9 ANSWER TO AFFIRMATIVE DEFENSES re #6 by Caterpillar Financial Services Corporation. (Doyle, Daniel)
July 2, 2010 Filing 8 CJRA TRACK B assigned: Bench Trial set for presumptive month of 6/2011 in East St. Louis Courthouse before Judge G. Patrick Murphy. Signed by Judge G. Patrick Murphy on 7/2/2010. (lmm)
June 30, 2010 Filing 7 COUNTERCLAIM against Caterpillar Financial Services Corporation, filed by Peoples National Bank, N.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Wernsman, Brian)
June 30, 2010 Filing 6 Affirmative Defenses to #2 Complaint,, by Peoples National Bank, N.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Wernsman, Brian)
June 30, 2010 Filing 5 ANSWER to #2 Complaint,, by Peoples National Bank, N.A..(Wernsman, Brian)
June 30, 2010 Filing 4 NOTICE of Appearance by Brian C. Wernsman on behalf of Peoples National Bank, N.A. (Wernsman, Brian)
April 27, 2010 Filing 3 Summons Issued as to Peoples National Bank, N.A. (tkm )
April 19, 2010 Filing 2 COMPLAINT against Peoples National Bank, N.A. ( Filing fee $ 350 receipt number 0754-1096937.), filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit Equipment Schedule, #2 Exhibit Financing Statement, #3 Exhibit Loan Agreement, #4 Exhibit Financing Statement Amendment, #5 Exhibit Financing Statement Amendment, #6 Exhibit Financing Statement, #7 Exhibit Letter, #8 Exhibit Notice, #9 Exhibit Bill of Sale, #10 Civil Cover Sheet)(Hughes, Laura)
April 19, 2010 Filing 1 Case Opened. Documents may now be electronically filed. Case number 10-298-GPM must be placed on all documents prior to filing them electronically. (Attachments: #1 Consent to Magistrate Judge)(bkl)

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Search for this case: Caterpillar Financial Services Corporation v. Peoples National Bank, N.A.
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Plaintiff: Caterpillar Financial Services Corporation
Represented By: Matthew A. Jacober
Represented By: Daniel D. Doyle
Represented By: Laura Uberti Hughes
Represented By: Ryan C. Hardy
Represented By: Jaimie L. Mansfield
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Defendant: Peoples National Bank, N.A.
Represented By: Evie S. Horn
Represented By: Brian C. Wernsman
Represented By: Marvin G. Miller
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Defendant: S. Coal Company
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