Caterpillar Financial Services Corporation v. Sunnytime Seeding and Landscaping, LLC et al
| Caterpillar Financial Services Corporation |
| Patrick Todd Taylor, Janice Gilbert, Sunnytime Seeding and Landscaping, LLC, First National Bank & Trust, Patrick T. Taylor and Todd Taylor |
| 6:2010cv00316 |
| November 19, 2010 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Laurel |
| Edward B Atkins |
| Gregory F Van Tatenhove |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 27 JUDGMENT: 1) Caterpillar Financial Services Corporation GRANTED JUDGMENT against Sunnytime Seeding and Landscaping, LLC in amt. of $123,989.98 interest on the principal from 9/30/10 at rate of 8.25% per annum until date of entry of this judgment, late charges totaling $1,665.87 (13 late charges under the security agreement, all expenses and reasonable atty. fees together with interest on the Judgment amt. at the legal rate of interest effective on the date of entry of this Judgment computed daily and compounded annually, util paid in full. 2) CFSC has valid security interest in the 247 Caterpillar, and 257B Caterpillar. 3)Sunnytime shall remit to CFSC any and all proceeds from sale of 247 Caterpillar. 4) CFSC awarded immediate possession of the collateral. 5) CFSC awarded amt. of any damage and assembly costs. 6) CFSC to dispose of the Collateral. 7) Proceeds from sale of collateral will be applied pursuant to KRS 355.9-615. 8)CFSC will not be prejudiced from proceeding against defts Patrick Todd Taylor and Janice Gilbert if the 11 USC Sec. 362 automatic stay currently in effect is lifted or terminated. 9) This is a final and appealable Judgment. Signed by Gregory F. VanTatenhove on 11/1/11.(SWA)cc: COR |
| Filing 26 NOTICE OF FILING by Caterpillar Financial Services Corporation re #25 Memorandum Opinion & Order, Terminated Case,,,, Summary Judgment (Attachments: #1 Proposed Order)(Back, Adam) |
| Filing 25 MEMORANDUM OPINION & ORDER: 1. Summary judgment for Caterpillar is appropriate and Caterpillars motion [R. #24 ] is GRANTED; 2. As a result, the pre-trial conference and jury trial in this matter are CANCELLED; 3. In addition, the Court directs Caterpillar to file a proposed judgment in the record containing only that relief which Caterpillar is entitled to. The proposed judgment must be filed in the record by October 21, 2011. Case Terminated. Signed by Gregory F. Van Tatenhove on 10/12/2011.(RBB)cc: COR |
| ***MOTION SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re #24 MOTION for Summary Judgment by Caterpillar Financial Services Corporation (JMB) |
| Filing 24 MOTION for Summary Judgment by Caterpillar Financial Services Corporation Motions referred to Edward B Atkins. (Attachments: #1 Exhibit A (Note), #2 Exhibit B (Financing Statements), #3 Proposed Order)(Back, Adam) |
Filing 23
ORDER: On the Court's own motion, the undersigned Magistrate Judge hereby recuses himself from further service in this matter. ORDERED that the above-captioned civil action is reassigned to the Hon. Edward B. Atkins, Magistrate Judge of the United States District Court for the Eastern District of Kentucky. Case reassigned to Magistrate Judge Edward B Atkins for all further proceedings. Magistrate Judge Hanly A. Ingram no longer assigned to case. Signed by Magistrate Judge Hanly A. Ingram on 4/13/2011.(RBB)cc: COR
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Filing 22
SCHEDULING ORDER AND REFERRAL TO MAGISTRATE JUDGE (CIVIL): ORDERED: 1) following deadlines shall be observed: a) parties have exchanged Rule 26(a)(1) info; b) Supplementation pursuant to 26(e) by 6/3/11; c) All fact discovery due by 6/17/11. 2) Parties to observe FRCivP 5(d) directives; 3) discovery disputes to be resolved as stated; DISPOSITIVE MOTIONS: a) Amended Pleadings and Motions to Join Additional Parties by 6/24/11 DISPOSITIVE MOTIONS due by 7/5/11; PRETRIAL: 1) Final Pretrial Conference set for 10/17/11 at 10:00 AM in LONDON; 2) No later than 7 days prior to pretrial conference, pretrial filings due as stated; 3) NLT Friday before FPTC parties shall file a) objections to witnesses and exhibits; b) motions in limine. 4) At FPTC parties shall be prepared to a) premark and display exhibits; b) advise Court exhibits have been displayed to opposing counsel; c) discuss stipulations; d) demonstrate ability to use Court's visual presentation system; e) discuss settlement; 5) Court copies of a) witness list; b) exhibit list; c) proposed instructions; d) proposed voir dire questions and e) statement of the case, to be provided to Chambers, via email; JURY TRIAL set for 10/31/11 at 10:00 AM in LONDON before Gregory F. Van Tatenhove. Trial to take app. 2 days; EXTENSIONS OF TIME shall be submitted upon motion prior to expiration of deadline; REFERRAL TO MJ: Matter referred to MJ Hanly A. Ingram to 1) supervise discovery and pretrial proceedings; 2. conduct all pretrial and status conferences, establishing and extending discovery deadlines and all other ddls and holdings such hrgs. as may be required, and ruling on non-dispositive motions, except motions in limine. Discovery due by 6/17/2011. Amended Pleadings due by 6/24/2011. Motion to Join Additional Parties due by 6/24/2011. Dispositive Motions due by 7/5/2011. FINAL PRETRIAL CONFERENCE set for 10/17/2011 at 10:00 AM in LONDON before Gregory F. VanTatenhove. JURY TRIAL set for 10/31/2011 at 10:00 AM in LONDON before Gregory F. VanTatenhove. Signed by Gregory F. VanTatenhove on 4/12/11.(SYH)cc: COR, Diary
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| Filing 21 NOTICE by Caterpillar Financial Services Corporation, Sunnytime Seeding and Landscaping, LLO, Janice Gilbert and Patrick Todd Taylor re #17 Report of Rule 26(f) Planning Meeting of Amendment of Certain Deadlines (Back, Adam) Modified on 4/13/2011 to add additional filers. (RBB). |
| Filing 20 FRCP 7.1 DISCLOSURE STATEMENT by Sunnytime Seeding and Landscaping, LLC. (Spurlock, Drayer) |
| Filing 19 Rule 7.1 Disclosures filed by Caterpillar Financial Services Corporation. (Back, Adam) Modified on 2/18/2011 to add identifying text (SYH). Modified on 3/17/2011 to modify text (SYH). |
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Filing 18
ORDER : First National Bank and Trusts Motion to be Dismissed as a Party Defendant #14 is GRANTED. First National is dismissed as a party Defendant and shall be removed from further distribution. First National Bank & Trust terminated. Motions terminated: #14 MOTION to Dismiss by First National Bank & Trust filed by First National Bank & Trust. Signed by Gregory F. VanTatenhove on 2/18/11.(SYH)cc: COR
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| Filing 17 JOINT REPORT of Rule 26(f) Planning Meeting. (Back, Adam) |
| ***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for scheduling: #17 Report of Rule 26(f) Planning Meeting (SYH) |
| ***MOTION SUBMITTED TO CHAMBERS of VanTatenhove for review: re #14 MOTION to Dismiss by First National Bank & Trust (SWA) |
| Filing 16 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Drayer Spurlock. #7 Answer to Complaint has been filed by Sunnytime Seeding and Landscaping without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (MRS) |
| Filing 15 ANSWER to #11 Amended Complaint, by First National Bank & Trust.(Jensen, Thomas) |
| Filing 14 MOTION to Dismiss by First National Bank & Trust (Attachments: #1 Exhibit Termination Statements, #2 Proposed Order)(Jensen, Thomas) |
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Filing 13
ORDER : 1) NLT 30 days from the DOE of this order, cnsl shall conduct the meeting of parties; 2) At the time of the meeting, cnsl shall exchange disclosures; 3) NLT 10 days after meeting, cnsl shall file a written joint report outlining the discovery plan; 4) In the event this matter involves a corporation or partnership, the party is directed to advise the Court at the time of the submission of the parties joint report of all parent corporations, subsidiaries, affiliates, members and/or partners with which it is associated. Rule 26 Meeting Report due by 2/22/2011.. Signed by Gregory F. VanTatenhove on 1/11/11. (Attachments: #1 AO 85)(SYH)cc: COR
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Filing 12
ORDER : The Court is satisfied that it has subject matter jurisdiction overthis case. The Court will enter a separate order regarding the parties' planning meeting and report. Signed by Gregory F. VanTatenhove on 1/11/11.(SYH)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO ADAM BACK re #11 Amended Complaint: ERROR #1 Exhibits A-D were filed as one attachment: Each exhibit must be filed as a separate attachment with a clear and concise description; Clerk attached each exhibit as a separate attachment with an appropriate description. In the future, attach each exhibit separately and name each attachment. ERROR #2 : Attachments were insufficiently described as Exhibits A,B,C,D. The Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel.; cc: COR (SWA) |
| ***FILE SUBMITTED TO CHAMBERS of Van Tatenhove for review: #11 Amended Complaint, #10 RESPONSE to Court Order #8 . (SWA) |
| Filing 11 AMENDED COMPLAINT (filed in response to Order [R. 8]) against All Defendants, filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A, B, C & D)(Back, Adam) (Additional attachment(s) added on 1/6/2011: #2 Exhibit A - Security Agreement and Promissory Note, #3 Exhibit B - Installment Sale Contract, #5 Exhibit C - Guaranty of Payment - Todd Taylor, #6 Exhibit D - Guaranty of Payment - Janice Gilbert) (MRS). |
| Filing 10 RESPONSE to #8 filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 2009 Annual Report)(Back, Adam) |
| Filing 9 SUMMONS Returned Executed by Caterpillar Financial Services Corporation via personal service to Janice Gilbert served on 12/2/2010, answer due 12/27/2010. (Back, Adam) |
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Filing 8
ORDER: Accordingly, and the Court being otherwise sufficiently advised, it is hereby ORDERED that the plaintiff make a suitable curative filing, see 28 U.S.C. 1653, within ten (10) days from the date of entry of this Order. Signed by Gregory F. VanTatenhove on 12/27/2010.(MRS)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Van Tatenhove for review and Order for Meeting and Report: #7 Answer to Complaint, #4 Answer to Complaint, #1 Complaint. (SWA) |
| Filing 7 ANSWER to #1 Complaint, with Jury Demand by Janice Gilbert, Sunnytime Seeding and Landscaping, LLC, Patrick Todd Taylor.(Spurlock, Drayer) |
| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by First National Bank & Trust identifying Corporate Parent First National London Bankshares Corp. for First National Bank & Trust.. (Jensen, Thomas) |
| Filing 5 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Thomas Jensen. #4 Answer to Complaint has been filed by First National Bank & Trust without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RBB) |
| Filing 4 ANSWER to #1 Complaint, by First National Bank & Trust.(Jensen, Thomas) |
| Conflict Check run. (SYH) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Caterpillar Financial Services Corporation identifying Corporate Parent Caterpillar Inc. for Caterpillar Financial Services Corporation. (SYH) |
| Filing 2 Summons Issued as to All Defendants ; issued summons returned to counsel via US Mail (SYH) |
| Filing 1 COMPLAINT ( Filing fee $350; receipt number 1892410), filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A--Security Agreement and Promissory Note, #2 Exhibit B--Installment Sale Contract, #3 Exhibit C--Guaranty of Payment, #4 Exhibit D--Guaranty of Payment, #5 Civil Cover Sheet, #6 Case Assignment, #7 Summons --Proposed-All Defendants)(SYH) |
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