Caterpillar Financial Services Corporation v. Phelps Energy and Resources, LLC
| Caterpillar Financial Services Corporation |
| Phelps Energy and Resources, LLC |
| 7:2021cv00015 |
| March 12, 2021 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Robert E Wier |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 JUDGMENT: 1. Court enters DEFAULT JUDGMENT in favor of Pla Caterpillar Financial Services Corp., and against Dft Phelps Energy & Resources, LLC, in amount of $138,813.34, as of March 11, 2021, +interest at 4.13% ($15.22 per diem) to date of judgment, @ post-judgment rate from date of judgment; 2. Pla has first and prior perfected lien in collatral; 3. Pla entitled to lawful possession of the collateral. Dft fulfill duties under Terms and Conditions per Plas directions; 4. Court retains jurisdiction over any matter pertaining to this Judgment. Pla may seek post-judgment collection relief as warranted; 5. Court defers attorneys' fee pending a post-judgment motion; 6. Caterpillar may seek further relief under proper post-judgment remedies; and 7. This is a final and appealable Judgment, resolving all claims; and 8. Caterpillar shall recover its taxable costs. Signed by Judge Robert E. Wier on 5/21/2021. (TDA) cc: COR and Phelps Energy and Resources by US Mail |
Filing 10
ORDER re #9 : 1. Court enters DEFAULT JUDGMENT in favor of Pla Caterpillar Financial Services Corp., and against Dft Phelps Energy & Resources, LLC, in amount of $138,813.34, as of March 11, 2021, +interest at 4.13% ($15.22 per diem) to date of judgment, @ post-judgment rate from date of judgment; 2. Pla entitled to lawful possession of the collateral. Dft fulfill duties under Terms and Conditions per Plas directions; 3. Court retains jurisdiction over any matter pertaining to this Judgment. Pla may seek post-judgment collection relief as warranted; 4. Court defers attorneys' fee pending a post-judgment motion; 5. Caterpillar may seek further relief under proper post-judgment remedies; and 6. This is a final and appealable Judgment, resolving all claims; and 7. Caterpillar shall recover its taxable costs. Signed by Judge Robert E. Wier on 5/21/2021. (TDA) cc: COR & Phelps Energy via US Mail in paper
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| Filing 9 MOTION for Judgment by Caterpillar Financial Services Corporation (Attachments: #1 Affidavit of Caterpillar (Bill Schowalter), #2 Affidavit of Counsel (Gregory Pavey), #3 Proposed Order)(Pavey, Gregory) |
| Filing 8 CLERK'S ENTRY OF DEFAULT as to Phelps Energy and Resources, LLC #7 MOTION for Entry of Default by Caterpillar Financial Services Corporation. cc: COR and Phelps Energy and Resources, LLC by US Mail (TDA) |
| Filing 7 MOTION for Entry of Default by Caterpillar Financial Services Corporation Motions referred to Edward B. Atkins. (Attachments: #1 Affidavit of Felisa S. Moore, #2 Proposed Order)(Moore, Felisa) |
| Filing 6 SUMMONS Returned Executed by Caterpillar Financial Services Corporation via Pike County Sheriff to Phelps Energy and Resources, LLC served on 3/24/2021, answer due 4/14/2021. (Pavey, Gregory) |
| Filing 5 Summons Issued as to Phelps Energy and Resources, LLC; Summons issued and returned to counsel electronically. (RCB) |
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Filing 4
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (RCB)cc: COR
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| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Caterpillar Financial Services Corporation (RCB) |
| Filing 1 COMPLAINT for Amounts Due Under Installment Contract and for Possession of Collateral filed by Caterpillar Financial Services Corporation. (Filing fee $402; receipt number 0643-4919123) (Attachments: #1 Exhibit A - Installment Contract, #2 Exhibit B - Assignment, #3 Exhibit C - UCC Financing Statement, #4 Civil Cover Sheet, #5 Proposed Summons)(RCB) |
| Conflict Check run. (RCB) |
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| Defendant: Phelps Energy and Resources, LLC | |
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| Plaintiff: Caterpillar Financial Services Corporation | |
| Represented By: | Felisa Sue Moore |
| Represented By: | Gregory D. Pavey |
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