Caterpillar Financial Services Corporation v. Hi-Lo Farms, Inc. et al
| Caterpillar Financial Services Corporation |
| Hi-Lo Farms, Inc., Russell Ryals, Martha Cole and Coast Construction, LLC |
| 1:2019cv00295 |
| May 24, 2019 |
| US District Court for the Southern District of Mississippi |
| John C Gargiulo |
| Halil S Ozerden |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 6, 2020. A more recent docket listing may be available from PACER.
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| NOTICE of CANCELLED Calendar Setting. Per the Final Judgment #29 , the Telephone Conference set for 7/10/2020 before Magistrate Judge John C. Gargiulo is hereby CANCELLED. (AB) |
| Filing 29 FINAL JUDGMENT in favor of Caterpillar Financial Services Corporation in teh amount of $116,985.04, against Coast Construction, LLC, Hi-Lo Farms, Inc., Martha Cole, Russell Ryals. See Judgment for details. Signed by District Judge Halil S. Ozerden on 6/26/20. (JCH) |
| NOTICE of Hearing: Telephone Conference set for 7/10/2020 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) |
| Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference held on 6/5/2020. PARTICIPANTS: Dean Sterling Kidd (counsel for Plaintiff); Patrick A. Sheehan (counsel for Defendant Martha Cole). The parties continue to cooperate toward final resolution of the litigation. The final piece of construction equipment has been surrendered back to the Plaintiff. On or before June 19, 2020, the parties will submit an Agreed Judgment to Judge Ozerden's chambers. Should the default defendant, Russell Ryals, not cooperate in signing the agreed judgment, the plaintiff will either re-urge their Motion for Default Judgment or file a Motion for Summary Judgment. A status conference will be scheduled by separate entry. (AB) |
| Filing 28 NOTICE of Proof of Service as to Russell Ryals by Caterpillar Financial Services Corporation re #27 Order on Motion for TRO (Kidd, Dean) |
Filing 27
ORDER and Opinion Granting Plaintiff's Motion #24 for Temporary Restraining Order and Preliminary Injunction. Signed by District Judge Halil S. Ozerden on April 28, 2020. (AW)
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| Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference regarding status of settlement held on 4/14/2020. PARTICIPANTS: Dean Sterling Kidd (counsel for Plaintiff); Patrick A. Sheehan (counsel for Defendant Martha Cole). The Defendant Russell Ryals was unable to qualify for leasing of the final piece of equipment and appurtenances. While the parties are actively seeking a third party purchaser/lessor, the litigation remains active and scheduled for trial. A status conference will be scheduled by separate docket entry. (AB) |
| NOTICE of Hearing: Telephone Conference regarding status set for 6/5/2020 at 10:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) |
| Filing 26 NOTICE of Proof of Service as to Russell Ryals by Caterpillar Financial Services Corporation re #25 Memorandum in Support of Motion, #24 Emergency MOTION for Temporary Restraining Order (Kidd, Dean) |
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TEXT ONLY ORDER expediting briefing for Plaintiff's Emergency Motion #24 for Temporary Restraining Order. Defendants' Response to the Motion is due on or before April 16, 2020. Plaintiff's Reply is due three (3) days after Defendants file their response. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on April 10, 2020. (AW)
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| Filing 25 MEMORANDUM in Support re #24 Emergency MOTION for Temporary Restraining Order filed by Caterpillar Financial Services Corporation (Kidd, Dean) |
| Filing 24 Emergency MOTION for Temporary Restraining Order by Caterpillar Financial Services Corporation (Kidd, Dean) |
| Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference regarding status of settlement held on 3/19/2020. PARTICIPANTS: Dean Sterling Kidd (counsel for Plaintiff); Patrick A. Sheehan (counsel for Defendant Martha Cole). The parties continue to cooperate in furtherance of settlement. As to the final piece of equipment, Caterpillar is currently assessing Russell Ryals' credit to determine if it will lease the equipment, or demand its return. Plaintiff informs it may file necessary motion(s) to protect any interest it may have in the subject equipment. (AB) |
| NOTICE of Hearing: Telephone Conference regarding status of settlement set for 4/14/2020 at 10:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) |
| Reset Hearing: Telephone Conference regarding status of settlement RESET (TIME CHANGE ONLY) for 3/19/2020 at 1:30 PM before Magistrate Judge John C. Gargiulo. Counsel are to call into the Court's AT&T Connect TeleConference number 877-336-1829, Access Code: 5650398#. (AB) |
| Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference regarding status of settlement held on 3/3/2020. PARTICIPANTS: Dean Sterling Kidd (counsel for Plaintiff); Patrick A. Sheehan (counsel for Defendant Martha Cole). The parties have made significant progress toward settlement. The parties have resolved one of the two subject pieces of equipment. They are currently negotiating the second piece of equipment. Mr. Sheehan offered to contact Defendant Russell Ryals in order to convey the offer as to the second piece of equipment. A status conference will be scheduled by separate docket entry. (AB) |
| NOTICE of Hearing: Telephone Conference regarding status of settlement set for 3/19/2020 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) |
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Filing 23
CASE MANAGEMENT ORDER: Disclosure due by 3/13/2020. Bench Trial set for a three week trial calendar beginning on 2/1/2021 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 1/19-21/2021 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 7/28/2020. Motions for Amended Pleadings due by 3/27/2020. Motions for Joinder of Parties due by 3/27/2020. Designate Experts Plaintiff Deadline due by 4/27/2020. Designate Experts for Defendant Deadline due by 5/27/2020. Motions due by 8/11/2020. Settlement Conference set for 10/29/2020 at 1:30 PM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. ADR Report due by 1/12/2021. Proposed Pretrial Order due by 1/19/2021. EDT: 2-3 days. Parties do not consent. Signed by Magistrate Judge John C. Gargiulo on 2/28/2020 (AB)
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| NOTICE of Hearing: Telephone Conference regarding status of settlement set for 3/3/2020 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) |
| Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 2/28/2020. PARTICIPANTS: Blythe K. Lollar (counsel for Plaintiff); Patrick A. Sheehan (counsel for Defendants Hi-Lo Farms, Inc. and Martha Cole). The parties are actively involved in settlement negotiations. The Court will schedule a status conference by separate docket entry. A Case Management Order will be entered. (AB) |
| Filing 22 NOTICE of Appearance by Blythe K. Lollar on behalf of Caterpillar Financial Services Corporation (Lollar, Blythe) |
| Reset Hearing: Due to a conflict with the Court's calendar, the Telephonic Case Management Conference is RESET for 2/28/2020 at 11:30 AM before Magistrate Judge John C. Gargiulo. Counsel will follow all other instructions given in the Rule 16(a) Initial Order #21 . (AB) |
| Filing 21 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 2/21/2020 at 10:30 AM before Magistrate Judge John C. Gargiulo. (AB) |
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Filing 20
ORDER Denying Without Prejudice Caterpillar Financial Services Corporation's Motions [17, 18, 19] for Default Judgment. Signed by District Judge Halil S. Ozerden on January 6, 2020. (AW)
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| Filing 19 MOTION for Default Judgment as to Coast Construction, LLC by Caterpillar Financial Services Corporation (Attachments: #1 Exhibit 1 - Declaration)(Kidd, Dean) |
| Filing 18 MOTION for Default Judgment as to Russell Ryals by Caterpillar Financial Services Corporation (Attachments: #1 Exhibit 1 - Declaration)(Kidd, Dean) |
| Filing 17 MOTION for Default Judgment as to Hi-Lo Farms, Inc. by Caterpillar Financial Services Corporation (Attachments: #1 Exhibit 1 - Declaration)(Kidd, Dean) |
| Filing 16 Clerk's ENTRY OF DEFAULT against defendants Coast Construction, LLC and Hi-Lo Farms, Inc. (ASJ) |
| Filing 15 MOTION for Entry of Default as to Hi-Lo Farms, Inc. by Caterpillar Financial Services Corporation (Attachments: #1 Exhibit A - Declaration in Support of Application for Entry of Default)(Kidd, Dean) |
| Filing 14 MOTION for Entry of Default by Caterpillar Financial Services Corporation (Attachments: #1 Exhibit A - Declaration in Support of Application for Entry of Default)(Kidd, Dean) |
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TEXT ONLY ORDER setting deadlines. Plaintiff's deadline for seeking a clerk's entry of default against Defendants Coast Construction, LLC, and Hi-Low Farms, Inc. is November 5, 2019. Plaintiff's deadline to file a motion applying to the Court for a default judgment against any Defendant is November 27, 2019. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 10/22/19 (HM)
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| Filing 13 Clerk's ENTRY OF DEFAULT against defendant Russell Ryals (ASJ) |
| DOCKET ANNOTATION as to #12: Advising attorney that the plaintiff's name should be listed in all future filed pleadings as it was filed in the Complaint. See name above the signature line. (RLW) |
| Filing 12 MOTION for Entry of Default as to Russell Ryals by Caterpillar Financial Services Corporation (Attachments: #1 Exhibit A - Declaration in Support of Application for Entry of Default)(Kidd, Dean) |
| Filing 11 SUMMONS Returned Executed by Caterpillar Financial Services Corporation. Coast Construction, LLC served on 9/26/2019, answer due 10/17/2019. (Kidd, Dean) |
| Filing 10 SUMMONS Returned Executed by Caterpillar Financial Services Corporation. Hi-Lo Farms, Inc. served on 9/24/2019, answer due 10/15/2019. (Kidd, Dean) |
| Filing 9 Summons Reissued as to Coast Construction, LLC, Hi-Lo Farms, Inc.. (wld) |
| Filing 8 SUGGESTION OF BANKRUPTCY Upon the Record by Hi-Lo Farms, Inc. (Sheehan, Patrick) |
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Filing 7
ORDER setting deadline for filing proof of service of process for Coast Construction, LLC, and Hi-Low Farms, Inc., and for moving for clerk's entry of default against Russell Ryals. Deadline is 10/16/19. Signed by Magistrate Judge John C. Gargiulo on 9/16/19 (HM)
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| Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference regarding service of process and representation held on 9/16/2019. PARTICIPANTS: Dean Sterling Kidd (counsel for Plaintiff); Patrick A. Sheehan (counsel for Defendant Martha Cole). An Order will follow. (AB) |
| Filing 6 Martha Cole's Seperate ANSWER to #1 Complaint,, by Martha Cole.(Sheehan, Patrick) |
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TEXT ONLY ORDER granting #4 Joint Motion to Set Agreed Responsive Pleading Deadline, filed by Plaintiff Caterpillar Financial Services Corporation and Defendants Hi-Lo Farms, Inc., Martha Cole, and Coast Construction, LLC. The deadline for Defendants to respond to the Complaint is 8/30/19. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 8/13/19 (HM)
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| Filing 5 NOTICE of Appearance by Patrick A. Sheehan on behalf of Martha Cole, Hi-Lo Farms, Inc. (Sheehan, Patrick) |
| Filing 4 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, (Set Answer Deadline Aug. 30, 2019) by Caterpillar Financial Services Corporation (Kidd, Dean) |
| Filing 3 SUMMONS Returned Executed by Caterpillar Financial Services Corporation. Russell Ryals served on 6/8/2019, answer due 7/1/2019. (Kidd, Dean) |
| Filing 2 Summons Issued as to Coast Construction, LLC, Martha Cole, Hi-Lo Farms, Inc., Russell Ryals. (RLW) |
| Filing 1 COMPLAINT against Coast Construction, LLC, Martha Cole, Hi-Lo Farms, Inc., Russell Ryals (Filing fee $400.00, receipt number 0538-3997903), filed by Caterpillar Financial Services Corporation (Attachments: #1 Exhibit A - First Installment Contract, #2 Exhibit B - Guaranty Agreement, #3 Exhibit C - Assignment, #4 Exhibit D - UCC Filing, #5 Exhibit E - Second Installment Contract, #6 Exhibit F - Assignment, #7 Exhibit G - UCC Filing, #8 Exhibit H - Lease Agreement, #9 Civil Cover Sheet) (RLW) |
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