Caterpillar Financial Services Corporation v. Turner
| Caterpillar Financial Services Corporation |
| Turner and Stephen Ray Turner |
| Thompson Machinery Commerce Corporation |
| 3:2016cv00089 |
| May 11, 2016 |
| US District Court for the Northern District of Mississippi |
| Oxford Division Office |
| Panola |
| S Allan Alexander |
| Michael P Mills |
| Roy Percy |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on December 12, 2017. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 69 ABSTRACT of Judgment (jtm) |
| Filing 68 DEFAULT JUDGMENT in favor of Caterpillar Financial Services Corporation against Stephen Ray Turner. Signed by District Judge Michael P. Mills on 11/21/2017. (lpm) |
Filing 67
ORDER granting #65 Motion for Default Judgment. Signed by District Judge Michael P. Mills on 11/22/2017. (lpm)
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| Filing 66 MEMORANDUM IN SUPPORT re #65 MOTION for Default Judgment as to Stephen Ray Turner d/b/a Turner Dirt or In The Alternative, Summary Judgment filed by Caterpillar Financial Services Corporation. (Kidd, D.) |
| Filing 65 MOTION for Default Judgment as to Stephen Ray Turner d/b/a Turner Dirt or In The Alternative, Summary Judgment by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Declaration of Sherese Dossman) (Kidd, D.) |
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Filing 64
ORDER dismissing #37 Motion to Dismiss for Failure to State a Claim; dismissing #45 Motion to Dismiss for Failure to State a Claim; granting #62 Motion to Dismiss; dismissing #22 Motion to Strike. Signed by District Judge Michael P. Mills on 06/22/2017. (rmw)
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| Filing 63 MEMORANDUM IN SUPPORT re #62 MOTION to Dismiss filed by Caterpillar Financial Services Corporation. (Kidd, D.) |
| Filing 62 MOTION to Dismiss by Caterpillar Financial Services Corporation. (Kidd, D.) |
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Filing 61
ORDER denying #60 Motion to Extend CMO. Signed by Magistrate Judge Roy Percy on 5/4/17. (cs)
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| Filing 60 MOTION to Extend CMO Deadlines for Designating an Expert in Response to Turner's Counterclaim by Caterpillar Financial Services Corporation. (Kidd, D.) |
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Filing 59
ORDER CONTINUING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Roy Percy on 4/28/17. (cs)
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| Filing 58 NOTICE of Conference: Settlement Conference reset for 5/5/2017 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. (wsm) |
| Filing 57 NOTICE of Conference: Final Pretrial Conference reset for 12/11/2017 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. (wsm) |
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Filing 56
ORDER granting #51 Motion to Withdraw as Attorney. Attorney J. Hale Freeland and Beth Houston Smith terminated. Signed by Magistrate Judge Roy Percy on 3/22/17. (cs)
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| Filing 55 NOTICE of Conference: Settlement Conference reset for 4/4/2017 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. (wsm) |
| Filing 54 RESPONSE to Motion re #51 MOTION to Withdraw as Attorney (Joint Response) filed by Caterpillar Financial Services Corporation. (Kidd, D.) |
| Filing 53 REPLY to Response to Motion re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thompson Machinery Commerce Corporation. (White, Christine) |
| Filing 52 REPLY to Response to Motion re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caterpillar Financial Services Corporation. (Kidd, D.) |
| Filing 51 MOTION to Withdraw as Attorney by Stephen Ray Turner. (Attachments: #1 Exhibit A) (Freeland, J.) |
| Filing 50 MEMORANDUM IN SUPPORT re #49 Response in Opposition to Motion to Dismiss filed by Stephen Ray Turner. (Smith, Beth) |
| Filing 49 RESPONSE in Opposition re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stephen Ray Turner. (Smith, Beth) |
| Filing 48 MEMORANDUM IN SUPPORT re #47 Response in Opposition to Motion, #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stephen Ray Turner. (Smith, Beth) |
| Filing 47 RESPONSE in Opposition re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stephen Ray Turner. (Smith, Beth) |
| Filing 46 MEMORANDUM IN SUPPORT re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thompson Machinery Commerce Corporation. (White, Christine) |
| Filing 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thompson Machinery Commerce Corporation. (White, Christine) |
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Filing 44
ORDER granting #43 Motion for Extension of Time to Answer Thompson Machinery Commerce Corporation answer due 2/14/2017. Signed by Magistrate Judge Roy Percy on 2/8/16. (cs)
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| Filing 43 MOTION for Extension of Time to File Answer re #35 Counterclaim (Unopposed) by Thompson Machinery Commerce Corporation. (White, Christine) |
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Filing 42
ORDER EXTENDING DEADLINES. Signed by Magistrate Judge Roy Percy on 2/1/17. (cs)
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| Set/Reset Deadlines: Plaintiffs Designation of Experts due by 4/3/2017. Defendants Designation of Experts due by 5/3/2017. Discovery due by 7/7/2017. Motions due by 8/4/2017. (cs) |
| Filing 41 NOTICE of Attorney Appearance by Christine Crockett White on behalf of Thompson Machinery Commerce Corporation (White, Christine) |
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Filing 40
ORDER granting #39 Motion for Extension of Time to File Response to #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 2/27/2017. Signed by District Judge Michael P. Mills on 1/30/2017. (lpm)
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| Filing 39 Consent MOTION for Extension of Time to File Response/Reply as to #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Stephen Ray Turner. (Smith, Beth) |
| Filing 38 MEMORANDUM IN SUPPORT re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caterpillar Financial Services Corporation. (Kidd, D.) |
| Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Caterpillar Financial Services Corporation. (Kidd, D.) |
| Filing 36 Summons Issued as to Thompson Machinery Commerce Corporation. Emailed to attorney for service. (jtm) |
| Filing 35 Amended COUNTERCLAIM to Join Thompson Machinery against Caterpillar Financial Services Corporation, Thompson Machinery Commerce Corporation, filed by Stephen Ray Turner. (Smith, Beth) |
| NOTICE OF CORRECTION re #34 Counterclaim - Attorney to refile counterclaim against both counter-defendants (adding new counter-defendant to docket). (jtm) |
| Filing 34 Amended COUNTERCLAIM to Join Thompson Machinery against Caterpillar Financial Services Corporation, filed by Stephen Ray Turner. (Smith, Beth) |
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Filing 33
ORDER granting #26 Motion to Amend Counterclaim to Join Party. Signed by Magistrate Judge Roy Percy on 1/11/17. (cs)
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| Filing 32 NOTICE of Trial: Non-Jury Trial RESET for 1/8/2018 09:30 AM in Oxford Courtroom 3 East before District Judge Michael P. Mills. (spw) |
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Filing 31
ORDER granting #23 Motion to Continue Trial. Signed by District Judge Michael P. Mills on 12/29/16. (lpm)
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| Filing 30 REPLY to Response to Motion re #26 First MOTION to Amend/Correct #9 Answer to Complaint, Counterclaim and Join Party filed by Stephen Ray Turner. (Smith, Beth) |
| Filing 29 RESPONSE in Opposition re #26 First MOTION to Amend/Correct #9 Answer to Complaint, Counterclaim and Join Party filed by Caterpillar Financial Services Corporation. (Kidd, D.) |
| Filing 28 REPLY to Response to Motion re #22 MOTION to Strike #20 Jury Demand , or in the Alternative, Conduct Discovery on the Validity of the Contracts' Jury Trial Waivers filed by Caterpillar Financial Services Corporation. (Kidd, D.) |
| Filing 27 RESPONSE in Opposition re #22 MOTION to Strike #20 Jury Demand , or in the Alternative, Conduct Discovery on the Validity of the Contracts' Jury Trial Waivers filed by Stephen Ray Turner. (Smith, Beth) |
| Filing 26 First MOTION to Amend/Correct #9 Answer to Complaint, Counterclaim and Join Party by Stephen Ray Turner. (Attachments: #1 Exhibit) (Smith, Beth) |
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Filing 25
ORDER governing Pretrial Conference and Preparation of final Pretrial Order. Signed by Magistrate Judge Roy Percy on 11/29/16. (wsm)
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| Filing 24 NOTICE of Conference: Final Pretrial Conference set for 9/18/2017 03:00 PM in Judge Percy Chambers before Magistrate Judge Roy Percy. (wsm) |
| Filing 23 MOTION to Continue Trial by Stephen Ray Turner. (Freeland, J.) |
| Filing 22 MOTION to Strike #20 Jury Demand , or in the Alternative, Conduct Discovery on the Validity of the Contracts' Jury Trial Waivers by Caterpillar Financial Services Corporation. (Kidd, D.) |
| Filing 21 NOTICE of Trial: Non-Jury Trial set for 10/16/2017 09:30 AM in Oxford Courtroom 3 East before District Judge Michael P. Mills. (est 3 days) (spw) |
| Filing 20 DEMAND for Trial by Jury. (Smith, Beth) |
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Filing 19
ORDER scheduling settlement conference for 3/31/17 at 9:00 a.m. in Oxford, MS before Magistrate Judge Percy. Signed by Magistrate Judge Roy Percy on 11/3/16. (wsm)
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Filing 18
CASE MANAGEMENT ORDER Final Pretrial Conference set for 9/18/2017 03:00 PM in Judge Percy Chambers before Magistrate Judge Roy Percy. Discovery due by 5/1/2017. Amendments/Joinder of Parties due by 12/1/2016. Plaintiffs Designation of Experts due by 2/1/2017. Defendants Designation of Experts due by 3/1/2017. Motions due by 5/16/2017. Settlement Conference set for 3/31/2017 09:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 11/3/16. (wsm)
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| Filing 17 Minute Entry for proceedings held before Magistrate Judge Roy Percy: Case Management Conference held on 11/3/2016. (wsm) |
| Filing 16 NOTICE OF SERVICE of Initial Disclosures by J. Hale Freeland on behalf of Stephen Ray Turner to Counsel for Caterpillar Financial Services Corporation. (Freeland, J.) |
| Filing 15 NOTICE OF SERVICE of Initial Disclosures by D. Sterling Kidd on behalf of Caterpillar Financial Services Corporation to Stephen Ray Turner d/b/a Turner Dirt. (Kidd, D.) |
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Filing 14
AGREED ORDER SETTING ASIDE ENTRY OF DEFAULT per #11 Motion to Set Aside Default. Signed by District Judge Michael P. Mills on 10/24/2016. (lpm)
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| Filing 13 ANSWER to #9 Answer to Complaint, Counterclaim by Caterpillar Financial Services Corporation. (Kidd, D.) |
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Filing 12
ORDER. Signed by Magistrate Judge Roy Percy on 10/14/16. (cs)
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| Case Reassigned to Magistrate Judge Roy Percy. For chambers contact information please see the following web site. ** www.msnd.uscourts.gov/judges-information ** Case Management Conference set for 11/3/2016 09:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. (jtm) |
| Filing 11 MOTION to Set Aside Default by Stephen Ray Turner. (Smith, Beth) |
| NOTICE OF CORRECTION: Signature and CM/ECF login do not match; Attorney requested to re-file document with matching signature and CM/ECF login per local rules; Motion terminated re #10 MOTION to Set Aside Default (tab) |
| Filing 10 MOTION to Set Aside Default by Stephen Ray Turner. (Freeland, J.) |
| Filing 9 ANSWER to #1 Complaint, , COUNTERCLAIM against Caterpillar Financial Services Corporation by Stephen Ray Turner. (Freeland, J.) |
| Filing 8 NOTICE of Attorney Appearance by Beth Houston Smith on behalf of Stephen Ray Turner (Smith, Beth) |
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Filing 7
INITIAL ORDER - RULE 16.1 Case Management Conference set for 11/3/2016 09:00 AM in Judge Alexander Chambers before Magistrate Judge S. Allan Alexander. Signed by Magistrate Judge S. Allan Alexander on 9/22/16. (wsm)
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| Filing 6 NOTICE of Attorney Appearance by J. Hale Freeland on behalf of Stephen Ray Turner (Freeland, J.) |
| Filing 5 Clerk's ENTRY OF DEFAULT as to Stephen Ray Turner (jtm) |
| Filing 4 MOTION for Entry of Default by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Declaration in Support of Application for Entry of Default) (Kidd, D.) |
| Filing 3 SUMMONS Returned Executed by D. Sterling Kidd on behalf of Caterpillar Financial Services Corporation Stephen Ray Turner served on 7/20/2016. (Kidd, D.) |
| Filing 2 Summons Issued as to Stephen Ray Turner. Emailed to attorney to serve. (tab) |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Michael P Mills and Magistrate Judge S Allan Alexander. (tab) |
| Filing 1 COMPLAINT, Filing fee $ 400, receipt number 0537-1321123, filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A Finance Lease, #2 Exhibit B Installment Sale Contract, #3 Exhibit C Assignment of Installment Sale Contract, #4 Exhibit D Finance Lease, #5 Exhibit E Cross Collateral Cross Default Agreement, #6 Exhibit F UCC Financial Statement, #7 Civil Cover Sheet) (tab) |
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