Crestmark Equipment Finance v. Charles Deweese Construction, Inc. et al
Plaintiff: Crestmark Equipment Finance
Defendant: Charles Deweese Construction, Inc., Jed Holding Company, LLC, Drakes Creek Holding Company, LLC, Charles DeWeese and Penny DeWeese
Case Number: 1:2022cv00071
Filed: June 10, 2022
Court: US District Court for the Western District of Kentucky
Presiding Judge: Greg N Stivers
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2022 Filing 38 Corporate Disclosure Statement by Drakes Creek Holding Company, LLC. (Bordy, Neil)
August 8, 2022 Filing 37 Corporate Disclosure Statement by Jed Holding Company, LLC. (Bordy, Neil)
August 8, 2022 Filing 36 ANSWER to #1 Complaint,,,, by Charles Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company, LLC. (Bordy, Neil)
August 8, 2022 Filing 35 NOTICE of Appearance by Neil Charles Bordy on behalf of Charles Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company, LLC (Bordy, Neil)
August 1, 2022 Filing 34 NOTICE of Appearance by Jason J DeJonker on behalf of Crestmark Equipment Finance (DeJonker, Jason)
August 1, 2022 Filing 33 NOTICE of Appearance by Aaron Davis on behalf of Crestmark Equipment Finance (Davis, Aaron)
July 13, 2022 Filing 32 ATTORNEY NOTICE of Deficiency to Jason DeJonker re #17 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: attorney not an ECF Registered filer. Failure to comply will be brought to the attention of the Court. Response due by 8/1/2022. (KJA)
July 13, 2022 Filing 31 ATTORNEY NOTICE of Deficiency to Aaron Davis re #16 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: attorney not an ECF Registered filer. Failure to comply will be brought to the attention of the Court. Response due by 8/1/2022. (KJA)
July 11, 2022 Opinion or Order Filing 30 AGREED ORDER GRANTING PENNY DEWEESE HER FIRST EXTENSION OF TIME TO RESPOND TO COMPLAINT by Chief Judge Greg N. Stivers on 7/11/2022 granting #23 Proposed Agreed Order. Answer due 8/8/2022. cc: Counsel; Aaron Davis; Jason DeJonker(JWM)
July 11, 2022 Opinion or Order Filing 29 AGREED ORDER GRANTING JED HOLDING COMPANY, LLC, ITS FIRST EXTENSION OF TIME TO RESPOND TO COMPLAINT by Chief Judge Greg N. Stivers on 7/11/2022 granting #25 Proposed Agreed Order. Answer due 8/8/2022. cc: Counsel; Aaron Davis; Jason DeJonker (JWM)
July 11, 2022 Opinion or Order Filing 28 AGREED ORDER GRANTING DRAKES CREEK HOLDING COMPANY, LLC, ITS FIRST EXTENSION OF TIME TO RESPOND TO COMPLAINT by Chief Judge Greg N. Stivers on 7/11/2022 granting #24 Proposed Agreed Order. Answer due 8/8/2022. cc: Counsel; Aaron Davis; Jason DeJonker(JWM)
July 11, 2022 Opinion or Order Filing 27 AGREED ORDER GRANTING CHARLES DEWEESE HIS FIRST EXTENSION OF TIME TO RESPOND TO COMPLAINT by Chief Judge Greg N. Stivers on 7/11/2022 granting #22 Proposed Agreed Order. Answer due 8/8/2022. cc: Counsel; Aaron Davis; Jason DeJonker(JWM) Modified edit dist on 7/11/2022 (JWM).
July 10, 2022 Filing 26 NOTICE by Charles Deweese Construction, Inc. re #20 Notice of Bankruptcy (Attachments: #1 Exhibit A - Notice of Bankruptcy Case Filing) (Yeager, Tyler)
July 8, 2022 Filing 25 Proposed Agreed Order Granting Extension of Time to Respond to Complaint by Jed Holding Company, LLC. (Bordy, Neil)
July 8, 2022 Filing 24 Proposed Agreed Order Granting Extension of Time to Respond to Complaint by Drakes Creek Holding Company, LLC. (Bordy, Neil)
July 8, 2022 Filing 23 Proposed Agreed Order Granting Extension of Time to Respond to Complaint by Penny Deweese. (Bordy, Neil)
July 8, 2022 Filing 22 Proposed Agreed Order Granting Extension of Time to Respond to Complaint by Charles Deweese. (Bordy, Neil)
July 8, 2022 Filing 21 NOTICE of Appearance by Neil Charles Bordy on behalf of Charles Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, Jed Holding Company, LLC (Bordy, Neil)
July 6, 2022 Filing 20 NOTICE OF BANKRUPTCY Upon the Record as to Charles Deweese Construction, Inc. (Yeager, Tyler)
July 6, 2022 Filing 19 SUGGESTION OF BANKRUPTCY as to Charles DeWeese Construction, Inc. - Plaintiff's Notice of Defendant Charles DeWeese Construction, Inc.'s Suggestion of Bankruptcy (Zeigler, Jessalyn)
June 30, 2022 Filing 18 NOTICE of No Response to Motion for Writ of Possession and Request for Entry of Order and Issuance of Writ by Crestmark Equipment Finance (Attachments: #1 Exhibit A - Compliance Affidavit) (Zeigler, Jessalyn)
June 29, 2022 Opinion or Order Filing 17 ORDER FOR ADMISSION PRO HAC VICE by Chief Judge Greg N. Stivers on 6/29/2022 granting #15 Motion for Jason DeJonker to Appear Pro Hac Vice cc: Counsel; Aaron Davis; Jason DeJonker(JWM)
June 29, 2022 Opinion or Order Filing 16 ORDER FOR ADMISSION PRO HAC VICE by Chief Judge Greg N. Stivers on 6/29/2022 granting #14 Motion for Aaron Davis to Appear Pro Hac Vice cc: Counsel; Aaron Davis; Jason DeJonker(JWM)
June 24, 2022 Filing 15 MOTION for Jason DeJonker to Appear Pro Hac Vice (Filing fee $125, receipt number B3300251) by Plaintiff Crestmark Equipment Finance (Attachments: #1 Envelope, #2 Certificate of Good Standing, #3 Proposed Order) (DLW) Receipt No. B3300251 has been voided. New Receipt No: B33002253 Modified on 6/27/2022 (CDL).
June 24, 2022 Filing 14 MOTION for Aaron Davis to Appear Pro Hac Vice (Filing fee $125, receipt number B3300251) by Plaintiff Crestmark Equipment Finance (Attachments: #1 Envelope, #2 Certificate of Good Standing, #3 Proposed Order) (DLW) Receipt No. B3300251 has been voided. New Receipt No: B33002253 Modified on 6/27/2022 (CDL).
June 23, 2022 Filing 13 SUMMONS Returned Executed by Crestmark Equipment Finance. Penny Deweese served on 6/17/2022, answer due 7/8/2022. (Zeigler, Jessalyn)
June 23, 2022 Filing 12 SUMMONS Returned Executed by Crestmark Equipment Finance. Jed Holding Company, LLC served on 6/17/2022, answer due 7/8/2022. (Zeigler, Jessalyn)
June 23, 2022 Filing 11 SUMMONS Returned Executed by Crestmark Equipment Finance. Drakes Creek Holding Company, LLC served on 6/17/2022, answer due 7/8/2022. (Zeigler, Jessalyn)
June 23, 2022 Filing 10 SUMMONS Returned Executed by Crestmark Equipment Finance. Charles Deweese Construction, Inc. served on 6/17/2022, answer due 7/8/2022. (Zeigler, Jessalyn)
June 23, 2022 Filing 9 SUMMONS Returned Executed by Crestmark Equipment Finance. Charles Deweese served on 6/17/2022, answer due 7/8/2022. (Zeigler, Jessalyn)
June 22, 2022 Filing 8 Corporate Disclosure Statement identifying Corporate Parent Meta Financial Group, Inc. for Crestmark Equipment Finance. by Crestmark Equipment Finance. (Zeigler, Jessalyn)
June 17, 2022 Filing 7 MEMORANDUM re #6 Motion for Writ (Attachments: #1 Exhibit A -CEFI Master Agreement, #2 Exhibit B - Schedules 1-3, #3 Exhibit C - CEFI Financing Statements, #4 Exhibit D - Charles CEFI Guaranty, #5 Exhibit E - First National Agreement, #6 Exhibit F - First National Master Schedule, #7 Exhibit G - List of Collateral, #8 Exhibit H - First National Financing Statements, #9 Exhibit I - Charles First National Guaranty, #10 Exhibit J - Jed First National Guaranty, #11 Exhibit K - CEFI Statement of Amounts, #12 Exhibit L - Demand Letters, #13 Exhibit M - Zimbo Affidavit, #14 Exhibit N - Davis Affidavit, #15 Proposed Order O - Proposed Order) by Crestmark Equipment Finance. (Zeigler, Jessalyn)
June 17, 2022 Filing 6 MOTION for Writ of Possession by Plaintiff Crestmark Equipment Finance (Attachments: #1 Proposed Order Proposed Writ of Possession) (Zeigler, Jessalyn)
June 13, 2022 Filing 5 Summons Issued as to Drakes Creek Holding Company, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JWM)
June 13, 2022 Filing 4 NOTICE of Filing by Crestmark Equipment Finance (Attachments: #1 Summons to Drakes Creek Holding Company) (Zeigler, Jessalyn)
June 10, 2022 Filing 3 Summons Issued as to Charles Deweese Construction, Inc., Charles Deweese, Penny Deweese, and Jed Holding Company, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (CDL) Modified to edit text on 6/13/2022 (JWM).
June 10, 2022 Filing 2 Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (CDL)
June 10, 2022 Filing 1 COMPLAINTagainst Charles Deweese Construction, Inc., Charles Deweese, Penny Deweese, Drakes Creek Holding Company, LLC, and Jed Holding Company, LLC (Filing fee $ 402, receipt number AKYWDC-3599742), filed by Crestmark Equipment Finance. (Attachments: #1 Exhibit 1 - CEFI Master Agreement, #2 Exhibit 2 - Schedule 1, #3 Exhibit 3 -Schedule 2, #4 Exhibit 4 - Schedule 3, #5 Exhibit 5 - CEFI Financing Statements, #6 Exhibit 6 - Charles CEFI Guaranty, #7 Exhibit 7 - Penny CEFI Guaranty, #8 Exhibit 8 - First National Master Agreement, #9 Exhibit 9 - First National Master Schedule, #10 Exhibit 10 - First National Financing Statements, #11 Index 11 - Charles First National Guaranty, #12 Exhibit 12 - Penny First National Guaranty, #13 Exhibit 13 - Jed First National Guaranty, #14 Exhibit 14 - Drakes First National Guaranty, #15 Exhibit 15 - Indigo Agreement, #16 Exhibit 16 - Notice and Acknowledgement of Assignment, #17 Exhibit 17 - Demand Letters, #18 Exhibit 18- CEFI Statement of Amounts, #19 Exhibit 19 - First National Statement of Amounts, #20 Cover Sheet, #21 Summons Tendered) (CDL) Modified on 6/13/2022 to correct spelling. (CDL)

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Plaintiff: Crestmark Equipment Finance
Represented By: Jessalyn H. Zeigler
Represented By: Aaron Davis
Represented By: Jason J DeJonker
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Defendant: Charles Deweese Construction, Inc.
Represented By: Tyler R. Yeager
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Defendant: Jed Holding Company, LLC
Represented By: Neil Charles Bordy
Represented By: William P. Harbison
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Defendant: Drakes Creek Holding Company, LLC
Represented By: Neil Charles Bordy
Represented By: William P. Harbison
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Defendant: Charles DeWeese
Represented By: Neil Charles Bordy
Represented By: William P. Harbison
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Defendant: Penny DeWeese
Represented By: Neil Charles Bordy
Represented By: William P. Harbison
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