Caterpillar Financial Services Corporation v. Mountain Reclamation and Construction LLC et al
| Caterpillar Financial Services Corporation |
| Eddie L. Hurley, Mountain Reclamation and Construction LLC and Eddie Hurley |
| 7:2017cv00177 |
| November 17, 2017 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Pike |
| Karen K Caldwell |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 15 NOTICE by Caterpillar Financial Services Corporation to Withdraw its notice to take deposition (Kilburn, Patrick) |
| Attorney Update. Attorney James M. Lloyd & Patrick James Kilburn added for Caterpillar Financial Services Corporation, per DE #14. (TDA) |
| Filing 14 NOTICE to Take Deposition of Eddie L. Hurley a/k/a Eddie Hurley on 03/18/2020 at 11:00 a.m. by Caterpillar Financial Services Corporation.(Kilburn, Patrick) |
Filing 13
DEFAULT JUDGMENT AND ORDER OF DELIVERY re #12 : Judgment by default is ENTERED against the dfts as follows: 1. Count I, Judgment in personam against Mountain Reclamation and Construction LLC and Eddie L. Hurley, jointly and severally in amt $80,560.41 as of 6/2/17 + late & other charges. 2. Count II, Judgment in personam against Mountain Reclamation and Construction LLC and Eddie L. Hurley, jointly and severally in amt $51,228.32 as of 5/31/17 + late & other charges. 3. Count III, Judgment in personam against Mountain Reclamation and Construction LLC and Eddie L. Hurley, jointly and severally in amt $66,065.64 w/ int rate of 5.20% or $9.54 per diem from 9/20/17 until paid, late & other charges. 4. Count IV, Judgment in personam against Mountain Reclamation and Construction LLC and Eddie L. Hurley, jointly and severally in amt $12,550.02 w/ int rate of 5.699910% or $1.99 per diem from 10/11/17 until paid, late & other charges. 5. Count V, Judgment in personam against Mountain Reclamation and Construction LLC and Eddie L. Hurley, jointly and severally in amt $107,833.60 as of 12/1/17 + late & other charges. 6. All Leases, Contracts and Guaranties are valid and enforceable of dfts. 7. Caterpillar Financial interest in 2016 Lease Equipment is awarded immediate possession. 8. Dfts ordered to immediately deliver and surrender possession w/in 7 days of entry of Judgment. 9. Dfts claims in 2016 Leased Equipment are foreclosed and barred from asserting any claims. 10. Dfts ordered, restrained and enjoined from removing, destroying, deteriorating or causing damage to 2016 Leased Equipment. 11. Caterpillar awarded court costs in amt of $500. 12. Caterpillar awarded reasonable attorneys fees to be determined by Court. This is a final and appealable judgment. No just cause for delay. Signed by Judge Karen K. Caldwell on 4/17/2018. (TDA) cc: COR & Dfts
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #12 AMENDED MOTION for Default Judgment and Order of Delivery by Caterpillar Financial Services Corporation. (TDA) |
| Filing 12 AMENDED MOTION for Default Judgment by Caterpillar Financial Services Corporation and Order of Delivery (Attachments: #1 Affidavit Doc # 8-1, #2 Affidavit Doc # 8-2, #3 Proposed Order Doc # 8-3)(Pavey, Gregory) |
| Filing 11 CLERK'S ENTRY OF DEFAULT re #10 as to Eddie L. Hurley & Mountain Reclamation and Construction LLC. cc: COR, MRC & Hurley (TDA) Modified cc: on 3/8/2018 (TDA). |
| Filing 10 MOTION for Entry of Default by Caterpillar Financial Services Corporation Against Mountain Reclamation and Construction LLC and Eddie L. Hurley (Attachments: #1 Affidavit in Support of Request for Entry of Default, #2 Proposed Order /Entry of Default Judgment)(Pavey, Gregory) |
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Filing 9
ORDER: Plas Motion for Default Judgment (DE #8 ) is DENIED. Signed by Judge Karen K. Caldwell on 3/5/2018. (TDA) cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #8 MOTION for Default Judgment by Caterpillar Financial Services Corporation (TDA) |
| Filing 8 MOTION for Default Judgment by Caterpillar Financial Services Corporation (Attachments: #1 Affidavit of Jamie Jarrett, #2 Affidavit of Gregory D. Pavey, #3 Proposed Order (Default Judgment and Order of Delivery))(Pavey, Gregory) |
| Filing 7 SUMMONS Returned Executed by Caterpillar Financial Services Corporation via Pike County Sheriff to Eddie L. Hurley served on 12/14/2017, answer due 1/4/2018. (Pavey, Gregory) |
| Filing 6 SUMMONS Returned Executed by Caterpillar Financial Services Corporation via Pike County Sheriff to Mountain Reclamation and Construction LLC served on 12/14/2017, answer due 1/4/2018. (Pavey, Gregory) |
| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Caterpillar Financial Services Corporation identifying Corporate Parent Caterpillar, Inc. for Caterpillar Financial Services Corporation.. (Pavey, Gregory) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Gregory Pavey. #1 Complaint, has been filed by Caterpillar Financial Services Corporation 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 (TDA) |
| Filing 3 Summons Issued as to Eddie L. Hurley, Mountain Reclamation and Construction LLC; Summons issued and returned to counsel electronically. (TDA) |
| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-3941709), filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - 2014 Lease I, #2 Exhibit B - 2014 Guaranty I, #3 Exhibit C - 2014 Lease II, #4 Exhibit D - 2014 Guaranty II, #5 Exhibit E - 2015 Contract, #6 Exhibit F - Assignment, #7 Exhibit G - 2015 Guaranty, #8 Exhibit H - 2016 Contract, #9 Exhibit I - Assignment, #10 Exhibit J - 2016 Guaranty, #11 Exhibit K - 2016 Lease, #12 Civil Cover Sheet, #13 Summons MRC, #14 Summons Hurley)(TDA) |
| Conflict Check run. (TDA) |
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