Caterpillar Financial Services Corporation v. Raimy Eymard L/B, et al
| Caterpillar Financial Services Corporation |
| Offshore Marine Contractors, Inc., Raimy Eymard L/B, Michael M. Eymard, Raimy D. Eymard and Louis J. Eymard, II |
| 2:2019cv00855 |
| February 4, 2019 |
| US District Court for the Eastern District of Louisiana |
| Nannette Jolivette Brown |
| Karen Wells Roby |
| Contract: Marine |
| 46 U.S.C. § 31325 |
| None |
Docket Report
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This docket was last retrieved on July 20, 2020. A more recent docket listing may be available from PACER.
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Filing 47
ORDER granting: #46 MOTION to Dismiss Case with Prejudice. Signed by Chief Judge Nannette Jolivette Brown on 7/20/2020.(cwa)
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| Filing 46 Joint STIPULATION of Dismissal With Prejudice by All Parties (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Bohman, Martin) Modified text on 7/14/2020 (jls). Modified on 7/20/2020 (cwa). |
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Filing 45
ORDERED that the #42 Consent Motion to Continue Submission Date and the #40 Motion to Reset and Proceed with Pending Motions Against Non-debtor Guarantors are MOOT. IT IS FURTHER ORDERED that the parties may file the appropriate motions to reopen the matter once the bankruptcy court rules on the matters discussed at the 2/11/2020 status conference. Signed by Chief Judge Nannette Jolivette Brown on 3/3/2020. (jls)
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| Filing 44 Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Status Conference held on 2/11/2020. The parties discussed keeping this case stayed and administratively closed while the bankruptcy court resolves certain issues in the above-referenced matter. (jls) |
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Filing 43
ORDER: IT IS HEREBY ORDERED that a status conference is set in the above captioned matter for February 11, 2020 at 3:00 PM. Status Conference set for 2/11/2020 at 03:00 PM before Chief Judge Nannette Jolivette Brown. Signed by Chief Judge Nannette Jolivette Brown on 1/31/2020.(mm)
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| Filing 42 EXPARTE/CONSENT MOTION to Continue Submission Date on Motions to Strike and for Summary Judgment by Louis J. Eymard, II, Michael M. Eymard, Raimy D. Eymard. (Attachments: #1 Proposed Order)(Bohman, Martin) Modified text on 1/22/2020 (jls). |
| Filing 41 Correction of Docket Entry by Clerk re #40 MOTION Reset and Proceed with Pending Motions Against Non-Debtor Guarantors . **First page of memorandum in support filed upside down. Clerk has corrected image. It is preferred that future pleading be printed to pdf format as opposed to being scanned.** (jls) |
| Filing 40 MOTION Reset and Proceed with Pending Motions Against Non-Debtor Guarantors by Caterpillar Financial Services Corporation. Motion(s) will be submitted on 1/29/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Hannan, Christopher) Modified text on 1/8/2020 (jls). (Attachment 1 replaced to correct page orientation on 1/8/2020) (jls). |
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Filing 39
ORDER Granting #38 MOTION to Continue re #34 Motion to Strike and #35 Summary Judgment Noticed for Submission on 12/18/2019. IT IS FURTHER ORDERED that the submission dates of the motions are continued until the scope of the automatic stay occasioned by Offshore Marine's Chapter 11 filing can be resolved and/or a Motion to Sever filed, or until such other relief as to the non-debtor entities is requested from and granted by the Court. IT IS FURTHER ORDERED that the case is Stayed and Administratively closed, to be reopened upon motion if circumstances change and the case can proceed to final judgment. Signed by Chief Judge Nannette Jolivette Brown on 12/19/2019.(ajn)
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| Filing 38 EXPARTE/CONSENT MOTION to Continue Motions to Strike and for Summary Judgment Noticed for Submission on December 18, 2019 by Louis J. Eymard, II, Michael M. Eymard, Raimy D. Eymard, Offshore Marine Contractors, Inc.. (Attachments: #1 Exhibit, #2 Proposed Order)(Bohman, Martin) |
| Filing 37 NOTICE OF FILING BANKRUPTCY by Offshore Marine Contractors, Inc. (Attachments: #1 Exhibit)(Bohman, Martin) |
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Filing 36
SCHEDULING ORDER: Final Pretrial Conference set for 6/30/2020 at 2:00 PM. Bench Trial set for 7/20/2020 at 9:00 AM. All discovery must be completed by 5/21/2020. Issued by the Clerk for Chief Judge Nannette Jolivette Brown.(jls)
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| Filing 35 MOTION for Summary Judgment on In Personam Claims by Caterpillar Financial Services Corporation. Motion(s) will be submitted on 12/18/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Statement of Contested/Uncontested Facts, #5 Notice of Submission)(Hannan, Christopher) |
| Filing 34 MOTION to Strike #21 Answer and Affirmative Defenses by Caterpillar Financial Services Corporation. Motion(s) will be submitted on 12/18/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Hannan, Christopher) Modified text/link on 12/4/2019 (pp). |
| Filing 33 **DEFICIENT MOTION for Summary Judgment on In Personam Claims by Caterpillar Financial Services Corporation. Motion(s) will be submitted on 12/18/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Notice of Submission, #5 Statement of Contested/Uncontested Facts)(Hannan, Christopher) Modified on 12/4/2019 (pp).** |
| Filing 32 Statement of Corporate Disclosure by Caterpillar Financial Services Corporation identifying Corporate Parent Caterpillar, Inc. for Caterpillar Financial Services Corporation (Hannan, Christopher) |
| Filing 31 REPLY to Response to Motion filed by Caterpillar Financial Services Corporation re #24 MOTION to Compel Turnover/Peaceful Surrender of In Rem Defendant Vessel. (mp) |
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Filing 30
ORDER granting #28 Motion for Leave to File Reply Memorandum. Signed by Chief Judge Nannette Jolivette Brown on November 20, 2019. (mp)
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| Filing 29 NOTICE: Scheduling Conference set for 12/3/2019 at 3:30 PM before case manager by telephone. By Clerk.(jls) |
| Filing 28 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Hannan, Christopher) |
| Filing 27 RESPONSE/MEMORANDUM in Opposition filed by Offshore Marine Contractors, Inc. re #24 MOTION to Compel Turnover/Peaceful Surrender of In Rem Defendant Vessel . (Attachments: #1 Exhibit, #2 Exhibit)(Bohman, Martin) |
| Filing 26 RESPONSE/MEMORANDUM in Opposition filed by Louis J. Eymard, II, Michael M. Eymard, Raimy D. Eymard re #24 MOTION to Compel Turnover/Peaceful Surrender of In Rem Defendant Vessel . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Bohman, Martin) |
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Filing 25
ORDER granting #22 Motion to set aside preliminary entry of default under Rule 55(c). The Clerk of Court's #20 Preliminary Entry of Default is SET ASIDE. Signed by Chief Judge Nannette Jolivette Brown on 11/7/2019. (mm)
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| Filing 24 MOTION to Compel Turnover/Peaceful Surrender of In Rem Defendant Vessel by Caterpillar Financial Services Corporation. Motion(s) will be submitted on 11/20/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Notice of Submission)(Hannan, Christopher) Modified text on 10/30/2019 (pp). |
| Filing 23 RESPONSE/MEMORANDUM of No Opposition to Motion filed by Caterpillar Financial Services Corporation re #22 MOTION to Set Aside Default re #20 Order on Motion for Entry of Default and Statement of Non-Opposition. (Hannan, Christopher) Modified text on 10/30/2019 (pp). |
| Filing 22 MOTION to Set Aside Default re #20 Order on Motion for Entry of Default by Louis J. Eymard, II, Michael M. Eymard, Raimy D. Eymard, Offshore Marine Contractors, Inc. Motion(s) will be submitted on 11/6/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit)(Morse, Harry) Modified text on 10/21/2019 (jls). |
| Filing 21 ANSWER to #1 Complaint by Louis J. Eymard, II, Michael M. Eymard, Raimy D. Eymard, Offshore Marine Contractors, Inc..Attorney Harry E. Morse added to party Louis J. Eymard, II(pty:dft), Attorney Harry E. Morse added to party Michael M. Eymard(pty:dft), Attorney Harry E. Morse added to party Raimy D. Eymard(pty:dft), Attorney Harry E. Morse added to party Offshore Marine Contractors, Inc.(pty:dft).(Morse, Harry) Modified on 10/10/2019 (pp). |
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Filing 20
ORDER GRANTING #18 Motion for Entry of Default as to Louis J. Eymard, II, Michael M. Eymard, Raimy D. Eymard, and Offshore Marine Contractors, Inc. Signed by Clerk on 10/10/2019. (jls) Modified text on 10/10/2019 (jls).
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| Filing 19 Correction of Docket Entry by Clerk re #18 MOTION for Entry of Default as to Offshore Marine Contractors, Inc., Louis J. Eymard, II, Raimy D. Eymard, and Michael M. Eymard. **Caption on this document does not replicate the original complaint and should be rectified accordingly. ** (pp) |
| Filing 18 EXPARTE/CONSENT MOTION for Entry of Default as to Offshore Marine Contractors, Inc., Louis J. Eymard, II, Raimy D. Eymard, and Michael M. Eymard by Caterpillar Financial Services Corporation. (Attachments: #1 Affidavit in Support of Default, #2 Affidavit of Amounts Due, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Proposed Order)(Hayes, Kristen) |
| Filing 17 **DEFICIENT** Request by Caterpillar Financial Services Corporation for Entry of Default (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Hayes, Kristen) Modified on 9/20/2019 (jls). |
| Filing 16 WAIVER OF SERVICE Returned Executed; waiver sent to Louis J. Eymard, II on 3/25/2019, answer due 5/24/2019. (Hayes, Kristen) |
| Filing 15 WAIVER OF SERVICE Returned Executed; waiver sent to Raimy D. Eymard on 3/25/2019, answer due 5/24/2019. (Hayes, Kristen) |
| Filing 14 WAIVER OF SERVICE Returned Executed; waiver sent to Michael M. Eymard on 3/25/2019, answer due 5/24/2019. (Hayes, Kristen) |
| Filing 13 WAIVER OF SERVICE Returned Executed; waiver sent to Offshore Marine Contractors, Inc. on 3/25/2019, answer due 5/24/2019. (Hayes, Kristen) |
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Filing 12
ORDER granting #10 Motion to Substitute Attorney. Added attorney Christopher Matthew Hannan,Benjamin W. Janke for Caterpillar Financial Services Corporation. Attorney Adam C. McNeil terminated. Signed by Chief Judge Nannette Jolivette Brown on 2/22/2019. (jeg)
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| Filing 11 Correction of Docket Entry by Clerk re #10 MOTION to Withdraw Adam C. McNeil as Attorney, MOTION to Substitute Attorney. **Not necessary to select relief Motion to Withdraw for this document. Only the relief Motion to Substitute is necessary. Clerk modified docket text. No further action is necessary.** (mm) |
| Filing 10 EXPARTE/CONSENT MOTION to Substitute Attorney Christopher M. Hannan, Benjamin W. Janke, and Kristen L. Hayes by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed Order) Attorney Kristen Lewis Hayes added to party Caterpillar Financial Services Corporation(pty:pla).(Hayes, Kristen) Modified text/event on 2/21/2019 (mm). |
| Filing 9 WARRANT of Vessel Seizure issued. (mm) (3cc USM) |
| Filing 8 Correction of Docket Entry by Clerk re #1 Complaint. **1. Filing attorney did not properly format the pdf of the summons. The pdf's should not have the fillable purple boxes. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. 2. Filing attorney did not include all defendants in the case caption. A corrected complaint was subsequently provided to Clerk and has now been attached as the main document in rec doc. 1.** (mm) |
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Filing 7
ORDER granting #3 Motion to Appoint/Substitute Custodian. Signed by Chief Judge Nannette Jolivette Brown on 2/5/2019. (mm) (3cc USM)
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Filing 6
ORDER granting #2 Motion for Issuance of Warrant in rem. Signed by Chief Judge Nannette Jolivette Brown on 2/5/2019. (mm) (3cc USM)
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| Filing 5 Summons Issued as to Louis J. Eymard, II, Michael M. Eymard, Raimy D. Eymard, Offshore Marine Contractors, Inc. (Attachments: #1 Summons, #2 Summons, #3 Summons)(mm) |
| Filing 4 Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Karen Wells Roby. (ess) |
| Filing 3 EXPARTE/CONSENT MOTION to Appoint/Substitute Custodian by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Proposed Order)(McNeil, Adam) |
| Filing 2 EXPARTE/CONSENT MOTION for Issuance of Warrant of Arrest in rem by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed Order, #2 Proposed Pleading Warrant)(McNeil, Adam) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 053L-7403931) filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Civil Cover Sheet, #11 Summons, #12 Summons, #13 Summons, #14 Summons)Attorney Adam C. McNeil added to party Caterpillar Financial Services Corporation(pty:pla).(McNeil, Adam) (Attachment 11 replaced on 2/5/2019) (mm). (Attachment 12 replaced on 2/5/2019) (mm). (Attachment 13 replaced on 2/5/2019) (mm). (Attachment 14 replaced on 2/5/2019) (mm). (Main Document 1 replaced on 2/5/2019) (mm). |
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