Caterpillar Financial Services Corporation v. Ford
| Caterpillar Financial Services Corporation |
| Ford and Jason P. Ford |
| 6:2017cv00018 |
| January 31, 2017 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Adair |
| David L Bunning |
| Danny C Reeves |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on April 11, 2017. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 AGREED JUDGMENT: 1. By execution of this Jgm, Ford enters his appearance w/in action for all purposes, including, but not limited to entry of this Jgm. 2. Ford admits all of the allegations of the Complaint. 3. Caterpillar Financial is a Delaware corp w/its principal place of business located in Nashville, Davidson County, TN, which is authorized to conduct business in the Commonwealth of KY. 4. Dft is a citizen of Commonwealth of KY, who resides at Evarts, Harlan County, KY. 5. Ford holds title to the equipment and machinery described as "Ford Collateral". 6. Federal diversity exists pursuant to 28 U.S.C. 1332. Ford owes $127,005.13, with int at 5.70%, finance charges, late charges, other costs. 7. Venue is proper pursuant to 28 U.S.C. 1391. 8. On or about 4/5/16, Ford, executed a Contract with Whayne Supply for the aggregate amount financed of $114,443.31, with payments and finance charges as set out. 9. Ford granted to Whayne Supply a valid and enforceable lien. 10. Pursuant to Contract #6546, Ford acknowledged and agreed that the contract may be assigned to Caterpillar Financial. 11. Caterpillar Financial is the holder and beneficiary of the Contract #6546. 12. Caterpillar perfected its security interest in the Ford Equipment by filing statement w/KY Secretary of State. 13. Ford obtained insurance coverage on equip. 14. Ford is in default as defined in Contract #6546. 15. Caterpillar has valid lien and security interest. 16. Upon default Caterpillar is entitled to enforce its security interest in the Ford Collateral. 17. Caterpillar is entitled to recover its court costs and reasonable attys' fees. 18. Caterpillar is awarded Jgm in personam against Ford under Contract #6546 in amt of $127,005.13, including insurance premiums, w/int at 5.70% annual or $17.43 per diem from 1/21/17 until paid, late charges and other costs, expenses and damages, including atty's fees which is first and prior to any other liens or ints of parties. 19. Ford may retain possession and use of the Ford Collateral, as long as payments are made. 20. Ford shall make payments on the Jgm Amount to Caterpillar Financial. 21. This Jgm shall not constitute a novation of Contract #6546, except as modified by this Jgm. 22. If Ford is in default Caterpillar may elect to declare the entire balance of Jgm to be immediately due. This is a final and appealable Jgm of the Court. Signed by Judge David L. Bunning on 04/11/2017.(KJA)cc: COR |
Filing 13
ORDER: IT IS ORDERED this matter is hereby DISMISSED as settled, and STRICKEN from the active docket of this Court. The parties may move to reopen this matter and return it to the active docket of the Court should the need arise under the terms of the Agreed Judgment. Signed by Judge David L. Bunning on 04/11/2017.(KJA)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #12 Proposed Agreed Order/Stipulation AGREED FINDINGS OF FACT, CONCLUSIONS OF LAW AND AGREED JUDGMENT by Caterpillar Financial Services Corporation (RC) |
| Filing 12 Proposed Agreed Order/Stipulation AGREED FINDINGS OF FACT, CONCLUSIONS OF LAW AND AGREED JUDGMENT by Caterpillar Financial Services Corporation. (Pavey, Gregory) |
| Attorney Update. Attorney Timothy Reed Wiseman for Caterpillar Financial Services Corporation added. (RBB) |
| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #10 Response to Order to Show Cause, #11 Affidavit in Support og Response to Order to Show Cause. (RBB) |
| Filing 11 AFFIDAVIT IN SUPPORT OF #10 RESPONSE TO #7 ORDER TO SHOW CAUSE by Caterpillar Financial Services Corporation (Affidavit of Sherese Dossman of Caterpillar Financial Services Corporation) filed by Caterpillar Financial Services Corporation. (Pavey, Gregory) Modified on 3/24/2017 (RBB). |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Caterpillar Financial Services Corporation #7 Plaintiff's Memorandum in Response to Court's March 16, 2017 Order filed by Caterpillar Financial Services Corporation. (Pavey, Gregory) |
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Filing 8
ORDER: pursuant to paragraph 5a of this Court's Assignment and Recusal Order filed May 18, 2016, this action is REASSIGNED by random draw to another Judge assigned to accept civil cases in London. Judge Danny C. Reeves recused. Case reassigned to Judge David L. Bunning for all further proceedings. Signed by Judge Danny C. Reeves on 3/16/2017.(RBB)cc: COR
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Filing 7
ORDER TO SHOW CAUSE: ORDERED that, on or before March 24, 2017, the plaintiff is directed to SHOW CAUSE why this matter should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Danny C. Reeves on 3/16/2017.(RBB)cc: COR
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| Filing 6 SUMMONS Returned Executed by Caterpillar Financial Services Corporation via Harlan County Sheriff to Jason P. Ford served on 3/10/2017, answer due 3/31/2017.(Pavey, Gregory) Modified to further explain document on 3/16/2017 (RBB). |
| NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re #5 Summons Returned Executed was an INCOMPLETE PDF document filed as main document; Attorney shall re-file the corrected Summons Returned Executed within seven (7) calendar days. *AWD* cc: COR (RBB) |
| Filing 5 STRICKEN FROM DOCKETI: INCOMPLETE DOCUMENT PURSUANT TO Notice of Action Striking Document on 3/16/2017. Modified on 3/16/2017 (RBB). |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Caterpillar Financial Services Corporation identifying Corporate Parent Caterpillar, Inc. for Caterpillar Financial Services Corporation.. (Pavey, Gregory) |
| Filing 3 Summons Issued as to Jason P. Ford; Summons issued and returned to counsel, Gregory D. Pavey, electronically (RBB) (RBB). |
| Filing 1 COMPLAINT (Filing fee $400; receipt number 0643-3708818), filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Contract #6546, #2 Exhibit B - Assignment, #3 Exhibit C - Financing Statements, #4 Exhibit D - Insurance Coverage, #5 Summons (proposed), #6 Civil Cover Sheet)(RBB) |
| Conflict Check run. (RBB) |
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