Caterpillar Financial Services Corporation v. Iztaccihuatl 2501
| Caterpillar Financial Services Corporation |
| Iztaccihuatl 2501 |
| Barcazas y Remolques, S.A. de C.V. |
| 2:2020cv01521 |
| May 25, 2020 |
| US District Court for the Eastern District of Louisiana |
| Lance M Africk |
| Dana Douglas |
| Contract: Marine |
| 46 U.S.C. § 31325 |
| None |
Docket Report
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This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 50 NOTICE of Proces Verbal by USM regarding sale of barge on 2/25/2021. (cwa) |
| Filing 49 JUDGMENT entered in favor of Caterpillar Financial Services Corporation against Iztaccihuatl 2501. Signed by Judge Lance M Africk on 12/31/2020. (cc: USM)(blg) |
Filing 48
ORDER granting #31 Motion for final order of sale of the Vessel. Signed by Judge Lance M Africk on 12/31/2020. (cc: USM) (blg)
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Filing 47
ORDER AND REASONS granting #30 Motion for Summary Judgment. Signed by Judge Lance M Africk on 12/31/2020. (blg)
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| Filing 46 Minute Entry for proceedings held before Judge Lance M Africk: Telephone Status Conference held on 12/29/2020. (blg) |
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Filing 45
ORDER denying #40 Motion for Leave to File Sur-Reply. Signed by Judge Lance M Africk on 12/16/2020. (blg)
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| Filing 44 Minute Entry for proceedings held before Judge Lance M Africk: Final Pretrial Conference held on 12/16/2020. (blg) |
| Filing 43 RESPONSE/MEMORANDUM in Opposition filed by Caterpillar Financial Services Corporation re #40 MOTION for Leave to File Sur-Reply Memorandum in Support of Its Opposition to Plaintiff's Motion for Summary Judgment . (McNeil, Adam) |
| Filing 42 Joint Proposed Pretrial Order by Caterpillar Financial Services Corporation, Barcazas y Remolques, S.A. de C.V., Iztaccihuatl 2501 (McNeil, Adam) Modified text/filers on 12/14/2020 (cwa). |
| Filing 41 Correction of Docket Entry by Clerk re #40 MOTION for Leave to File Sur-Reply Memorandum in Support of Its Opposition to Plaintiff's Motion for Summary Judgment. Document does not contain Magistrate Judge. All future pleadings must reflect Magistrate (3). Additionally, attachment was imaged as 8-1/2" x 14". All documents should be 8-1/2" x 11". Clerk has corrected the image. (cwa) |
| Filing 40 EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum in Support of Its Opposition to Plaintiff's Motion for Summary Judgment by Barcazas y Remolques, S.A. de C.V. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit A)(Strickland, Timothy) (Attachment 3 replaced on 12/14/2020) (cwa). Modified text on 12/14/2020 (cwa). |
| Filing 39 REPLY to Response to Motion filed by Caterpillar Financial Services Corporation re #31 MOTION For Interlocutory Sale of Vessel and Authority to Credit Bid. (mp) |
| Filing 38 REPLY to Response to Motion filed by Caterpillar Financial Services Corporation re #30 MOTION for Summary Judgment. (mp) |
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Filing 37
ORDER: IT IS ORDERED that the #34 and #35 Motions for Leave to File Reply are GRANTED. Signed by Judge Lance M Africk on November 17, 2020. (mp)
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| Filing 36 RESPONSE/MEMORANDUM in Opposition filed by Barcazas y Remolques, S.A. de C.V. re #30 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex A_1st Amd to Loan Agreement, #2 Exhibit ExB_2nd Promissory Note, #3 Statement of Contested/Uncontested Facts Statement of Material Facts in Dispute)(Strickland, Timothy) |
| Filing 35 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum In Support of Motion for Interlocutory Sale of Vessel and Authority to Credit Bid by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(McNeil, Adam) |
| Filing 34 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum In Support of Motion for Summary Judgment and for Enforcement of First Preferred Ship Mortgage by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(McNeil, Adam) |
| Filing 33 DEFICIENT: RESPONSE/MEMORANDUM in Opposition filed by Barcazas y Remolques, S.A. de C.V. re #30 MOTION for Summary Judgment . (Attachments: #1 Exhibit ExA_BYR_1st Amd Loan Agreement, #2 Exhibit ExB_BYR_2nd Promissory Note, #3 Proposed Order Prop Order Denying Vessel Sale)(Strickland, Timothy) Modified on 11/10/2020 (mp). |
| Filing 32 RESPONSE/MEMORANDUM in Opposition filed by Barcazas y Remolques, S.A. de C.V. re #31 MOTION For Interlocutory Sale of Vessel and Authority to Credit Bid . (Strickland, Timothy) |
| Filing 31 MOTION For Interlocutory Sale of Vessel and Authority to Credit Bid by Caterpillar Financial Services Corporation. Motion(s) will be submitted on 11/18/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(McNeil, Adam) |
| Filing 30 MOTION for Summary Judgment by Caterpillar Financial Services Corporation. Motion(s) will be submitted on 11/18/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 1A, #4 Exhibit 1B, #5 Exhibit 1C, #6 Exhibit 1D, #7 Exhibit 1E, #8 Exhibit 1F, #9 Exhibit 1G, #10 Exhibit 2, #11 Statement of Contested/Uncontested Facts, #12 Notice of Submission)(McNeil, Adam) |
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Filing 29
Minute Order for proceedings held before Judge Lance M Africk: Telephonic Status Conference held on 10/20/2020. IT IS ORDERED that Caterpillar Financial Services Corporation may file both a timely motion for summary judgment and a timely motion to sell the vessel. Signed by Judge Lance M. Africk. (mp)
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| Filing 28 Witness and Exhibit List by All Defendants. (Strickland, Timothy) |
| Filing 27 Witness and Exhibit List by Caterpillar Financial Services Corporation. (McNeil, Adam) |
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Filing 26
ORDER: A status conference will be held BY TELEPHONE with respect to the filing of a motion for summary judgment in the above-captioned case on Tuesday, October 20, 2020 at 9:30 A.M. Signed by Judge Lance M Africk on October 9, 2020.(mp)
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| Filing 25 Minute Entry for proceedings held before Magistrate Judge Dana Douglas: Settlement Conference held on 9/25/2020. A settlement could not be confected at this time. Counsel are instructed to notify the undersigned if an additional settlement conference would be beneficial prior to trial. (cg) |
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Filing 24
ORDER - A settlement conference in the above captioned matter is hereby SCHEDULED for Friday, September 25, 2020 at 10:00 A.M. before United States Magistrate Judge Dana M. Douglas. Each party shall provide, in confidence, a concise settlement memorandum. The memorandum shall be submitted three (3) working days prior to the conference and shall be no longer than three (3) pages double spaced. The memorandum shall be emailed directly to: efile-douglas@laed.uscourts.gov. The email subject line should read: "Settlement Position Paper for [case number] on [date of conference]". Signed by Magistrate Judge Dana Douglas on 8/26/20.(cg)
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| Filing 23 Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 8/26/2020. The previously scheduled pretrial and trial dates remain in effect. A settlement conference has been scheduled with U.S. Magistrate Judge Dana M. Douglas on September 18, 2020 at 10:00 a.m. (mp) |
| Filing 22 STATUS REPORT by Barcazas y Remolques, S.A. de C.V., Caterpillar Financial Services Corporation (McNeil, Adam) |
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Filing 21
ORDER - A STATUS CONFERENCE will be held BY TELEPHONE on WEDNESDAY, AUGUST 26, 2020 at 9:30 A.M. COUNSEL SHALL FURNISH THE COURT WITH THE NAME AND TELEPHONE NUMBER OF WHO WILL PARTICIPATE IN THE CONFERENCE TWO DAYS PRIOR TO THE CONFERENCE AS STATED HEREIN. Signed by Judge Lance M Africk on 7/29/20.(cg)
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Filing 20
SCHEDULING ORDER:Status Conference set for 8/26/2020 09:30 AM before Judge Lance M Africk. All discovery must be completed by 11/2/2020. Final Pretrial Conference set for 12/16/2020 10:30 AM before Judge Lance M Africk. Bench Trial set for 1/19/2021 08:30 AM before Judge Lance M Africk. Signed by Case Manger. (Attachments: #1 Pretrial Notice Form)(NEF: Mag. Judge)(mp)
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| Filing 19 Statement of Corporate Disclosure by Barcazas y Remolques, S.A. de C.V. (Strickland, Timothy) |
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Filing 18
ORDER granting #16 Motion to Appear Pro Hac Vice as to Stacey Norstrud and #17 Motion to Appear Pro Hac Vice as to Timothy W. Strickland. Signed by Judge Lance M Africk on July 21, 2020. (Attachments: #1 Notice to Visiting Attorneys) (mp)
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| Filing 17 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Timothy Strickland (Filing fee $ 100 receipt number ALAEDC-8409466) by Barcazas y Remolques, S.A. de C.V.. (Attachments: #1 Exhibit Ex1-Certificate of Good Standing, #2 Exhibit Ex 2-Affidavit of Timothy Strickland, #3 Exhibit Ex 3-Consent to E-Filing form, #4 Proposed Order Proposed Order Granting Motion PHV)(McAlpine, Michael) |
| Filing 16 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Stacey Norstrud (Filing fee $ 100 receipt number ALAEDC-8409275) by Barcazas y Remolques, S.A. de C.V.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Affidavit, #3 Exhibit Consent to E-Filing form, #4 Proposed Order Proposed Order Granting Motion PHV)(McAlpine, Michael) |
| Filing 15 PRELIMINARY CONFERENCE ORDER: A Preliminary Conference by Telephone is set for 7/28/2020 09:30 AM before the Case Manager. Call-in instructions provided herein. Signed by Case Manager. (mp) |
| Filing 14 Original ANSWER to #1 Complaint by Barcazas y Remolques, S.A. de C.V..(McAlpine, Michael) Modified text on 7/20/2020 (mp). |
| Filing 13 Verification Statement of Right or Interest by Barcazas y Remolques, S.A. de C.V. (Attachments: #1 Affidavit)(McAlpine, Michael) (Attachment 1 resized & replaced on 6/29/2020) (mp). Modified on 7/1/2020 (caa). |
| Filing 12 Statement of Corporate Disclosure by Caterpillar Financial Services Corporation identifying Corporate Parent Caterpillar Inc for Caterpillar Financial Services Corporation (McNeil, Adam) |
| Filing 11 WARRANT Returned Executed as to Iztaccihuatl 2501 on 6/12/20. (mp) |
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Filing 10
ORDER OF RECUSAL. Judge Jane Triche Milazzo recused. Case reassigned to Judge Lance M Africk. Signed by Judge Jane Triche Milazzo on 5/28/2020. (NEF: Section I)(am)
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Filing 9
ORDER: GRANTING #4 Motion to Appoint/Substitute Custodian, as set forth in document. Signed by Judge Jane Triche Milazzo on 5/27/2020. (3cc: USM) (am)
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| Filing 8 WARRANT of Arrest of Vessel in rem issued. (3cc: USM) (am) |
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Filing 7
ORDER: GRANTING #3 Motion for Issuance of Warrant in rem, as set forth in document.. Signed by Judge Jane Triche Milazzo on 5/27/2020. (3cc: USM) (am)
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Filing 6
ORDER OF RECUSAL. Judge Susie Morgan recused. Case reassigned to Judge Jane Triche Milazzo. Signed by Judge Susie Morgan on 5/26/2020.(sbs) (NEF: Section H)
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| Filing 5 Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Dana Douglas. (go) |
| Filing 4 EXPARTE/CONSENT MOTION to Appoint Custodian and Move Vessel by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A, #2 Proposed Order)(McNeil, Adam) Modified text on 5/26/2020 (sbs). |
| Filing 3 EXPARTE/CONSENT MOTION for Issuance of Warrant of Arrest in rem by Caterpillar Financial Services Corporation. (Attachments: #1 Proposed Order, #2 Warrant of Vessel Arrest)(McNeil, Adam) Modified text on 5/26/2020 (sbs). (Attachment 1 replaced on 5/26/2020) (ecm). |
| Filing 2 Summons Submitted for Issuance (McNeil, Adam) |
| Filing 1 COMPLAINT against Iztaccihuatl 2501 (Filing fee $400 receipt number ALAEDC-8316681) filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 3A, #5 Exhibit 4, #6 Exhibit 5, #7 Civil Cover Sheet)Attorney Adam C. McNeil added to party Caterpillar Financial Services Corporation(pty:pla).(McNeil, Adam) (Attachments 1-3 replaced on 5/26/2020) (sbs). |
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