First Service Bank v. World Aircraft, Inc. et al
| First Service Bank |
| World Aircraft, Inc. and Thomas Swarek |
| El Dorado Gas & Oil, Inc. |
| 1:2024cv00020 |
| January 19, 2024 |
| US District Court for the Southern District of Mississippi |
| Taylor B McNeel |
| Robert P Myers |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2024. A more recent docket listing may be available from PACER.
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Filing 31
REPLY to Response to Motion re #27 MOTION for Extension of Time to File Answer re #1 Complaint filed by Thomas Swarek (Attachments: #1 - Accident Report)(JCH)
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Filing 30
MEMORANDUM in Opposition re #27 MOTION for Extension of Time to File Answer re #1 Complaint, filed by First Service Bank (Robinson, Emerson)
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Filing 29
RESPONSE in Opposition re #27 MOTION for Extension of Time to File Answer re #1 Complaint, filed by First Service Bank (Attachments: #1 Exhibit 1, 28 U.S.C. 1746 Declaration of Darla McJunkins)(Robinson, Emerson)
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DOCKET ANNOTATION as to #28: Advising attorney that the Notice of Bankruptcy Case Filing should have been attached as an attachment to the Suggestion of Bankruptcy. Attorney is not required to re-file. (RLW)
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Filing 28
SUGGESTION OF BANKRUPTCY Upon the Record as to World Aircraft, Inc. by World Aircraft, Inc. (Sheehan, Patrick)
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Filing 27
MOTION for Extension of Time to File Answer re #1 Complaint, by Thomas Swarek (JCH)
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Filing 26
ANSWER to #1 Complaint, by Thomas Swarek.(JCH)
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DOCKET ANNOTATION as to # 26 - # 27. Defendant is advised that in the future, an Answer and a Motion should be 2 separately filed documents. (JCH)
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Filing 25
MEMORANDUM in Opposition re #17 MOTION to Set Aside Default filed by First Service Bank (Robinson, Emerson)
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Filing 24
RESPONSE in Opposition re #17 MOTION to Set Aside Default filed by First Service Bank (Robinson, Emerson)
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Filing 23
MEMORANDUM in Support re #22 MOTION to Strike #17 MOTION to Set Aside Default filed by First Service Bank (Robinson, Emerson)
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Filing 22
MOTION to Strike #17 MOTION to Set Aside Default by First Service Bank (Robinson, Emerson)
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Filing 21
MEMORANDUM in Opposition re #7 MOTION to Intervene filed by First Service Bank (Robinson, Emerson)
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Filing 20
RESPONSE in Opposition re #7 MOTION to Intervene filed by First Service Bank (Robinson, Emerson)
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Filing 19
MEMORANDUM in Support re #18 MOTION for Default Judgment as to World Aircraft, Inc. and Thomas Swarek filed by First Service Bank (Crawford, John)
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Filing 18
MOTION for Default Judgment as to World Aircraft, Inc. and Thomas Swarek by First Service Bank (Attachments: #1 Exhibit Affidavit of Darla McJunkins)(Crawford, John)
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Filing 17
MOTION to Set Aside Default by Thomas Swarek (JCH)
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Change of Address per address listed on document #17 : 1261 Pass Rd., Gulfport, MS 39501. (JCH)
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Filing 16
Clerk's ENTRY OF DEFAULT against defendants Thomas Swarek and World Aircraft, Inc. (ASJ)
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Filing 15
MOTION for Entry of Default as to World Aircraft, Inc. and Thomas Swarek by First Service Bank (Attachments: #1 Exhibit 1 - Affidavit of John A. Crawford, Jr.)(Crawford, John)
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Filing 14
Unopposed MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Intervene by First Service Bank (Crawford, John)
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TEXT ONLY ORDER granting #14 Unopposed Motion for Extension of Time to File Response/Reply as to #7 MOTION to Intervene. Plaintiff First Service Bank's Response/Reply to #7 Motion to Intervene is due by 2/22/2024. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on February 8, 2024 (pl)
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***TERMINATE HEARING: In light of the Notice of Withdrawal #12 filed by Plaintiff, Telephonic Status Conference set for 2/8/2024 is terminated. (KB)
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DOCKET ANNOTATION as to #12: Advising attorney when it is necessary to add verbiage to a docket entry, all the letters should not be capitalized. (RLW)
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Filing 13
NOTICE of Appearance by R. Michael Bolen on behalf of El Dorado Gas & Oil, Inc. (Attachments: #1 Supplement Dawn Ragan Order Approving Appointment as Chapter 11 Trustee for Intervenor, El Dorado Gas & Oil, Inc.)(Bolen, R.)
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Filing 12
NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION by First Service Bank re #2 MOTION for Temporary Restraining Order OR PRELIMINARY INJUNCTION MOTION for Preliminary Injunction (Attachments: #1 Exhibit A -- Preliminary Report by Chapter 11 Trustee for Hugoton)(Crawford, John)
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SET HEARING: Telephonic Status Conference set for 2/8/2024 at 11:00 AM before District Judge Taylor B. McNeel. The Court will provide the call-in number to the parties via email. (KB)
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MINUTE ENTRY for proceedings held before District Judge Taylor B. McNeel: Telephonic Status Conference held on 1/29/2024. A follow-up Telephonic Status Conference will be set for 2/8/2024 at 11:00 AM. APPEARANCES: J. Crawford for Plaintiff; T. Swarek, Defendant; P. Sheehan for Movant El Dorado Gas & Oil, Inc. Court Reporter Sherri Penny, Telephone Number: 228-563-1781, E-mail: sherri_penny@mssd.uscourts.gov. (KB)
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DOCKET ANNOTATION as to #10 and #11: Advising attorney that the process service should have referenced the correct court in the court style of the Affidavit of Service or used the proof of service provided by the court. The Affidavit has United States Bankruptcy Court. Attorney is not required to re-file. (RLW)
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Filing 11
SUMMONS Returned Executed by First Service Bank. Thomas Swarek served on 1/24/2024, answer due 2/14/2024. (Crawford, John)
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Filing 10
SUMMONS Returned Executed by First Service Bank. World Aircraft, Inc. served on 1/24/2024, answer due 2/14/2024. (Crawford, John)
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DOCKET ANNOTATION as to #7: Advising attorney that El Dorado Gas & Oil, Inc. should not have been added as an Intervenor. The party should have been added as a Movant. Court staff will make correction. If the Motion is granted, court staff will change party role. (RLW)
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MINUTE ENTRY for proceedings held before District Judge Taylor B. McNeel: Telephonic Status Conference held on 1/25/2024. A follow-up Telephonic Status Conference will be scheduled in the near future to include Defendant Swarek. APPEARANCES: J. Crawford, B. Robinson, P. Murphy for Plaintiff; P. Sheehan for Movant El Dorado Gas & Oil, Inc. Court Reporter Kati Vogt, Telephone Number: 228-563-1780, E-mail: Kati_Vogt@mssd.uscourts.gov. (KB)
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SET HEARING: Telephonic Status Conference set for 1/29/2024 at 11:30 AM (Central Time) before District Judge Taylor B. McNeel. The Court will provide the call-in number to the parties via email. (KB)
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Filing 9
Corporate Disclosure Statement by First Service Bank identifying Corporate Parent First Service Bancshares, Inc. for First Service Bank. (Crawford, John)
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Filing 8
Corporate Disclosure Statement by El Dorado Gas & Oil, Inc. (Sheehan, Patrick)
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Filing 7
MOTION to Intervene by El Dorado Gas & Oil, Inc. (Sheehan, Patrick)
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SET HEARING: Telephonic Status Conference set for 1/25/2024 at 2:30 PM before District Judge Taylor B. McNeel. The Court will provide the call-in number to counsel via email. (KB)
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Filing 6
NOTICE of Appearance by Paul S. Murphy on behalf of First Service Bank (Murphy, Paul)
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Filing 5
NOTICE of Appearance by Emerson Barney Robinson, III on behalf of First Service Bank (Robinson, Emerson)
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Filing 4
Summons Issued as to Thomas Swarek, World Aircraft, Inc. (RLW)
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Remark: Copies of the original issued summonses for service and return were emailed to attorney. (RLW)
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DOCKET ANNOTATION as to #2: (1) This document requests several motion reliefs. Every motion relief should be selected from the list of motion titles. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings; and (2) L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description (The exhibit number should have also been included in the description box). Attorney is advised to follow this rule in future filings. DOCKET ANNOTATION as to #3: Advising attorney that the case number should have been included on the Memorandum in Support of Motion. Attorney is not required to re-file. (RLW)
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Filing 3
MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, filed by First Service Bank (Crawford, John) Modified on 1/22/2024 (RLW).
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Filing 2
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by First Service Bank (Attachments: #1 Exhibit 28 U.S.C. 1746 Declaration of Jamie Cook) (Crawford, John). Added MOTION for Preliminary Injunction on 1/22/2024 (RLW).
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Filing 1
COMPLAINT against Thomas Swarek, World Aircraft, Inc. (Filing fee $405.00, receipt number 5314317), filed by First Service Bank (Attachments: #1 Exhibit 1 - Loan Agreement, #2 Exhibit 2 - Term Note, #3 Exhibit 3 - Security Agreement, #4 Exhibit 4 - World Aircraft Guaranty, #5 Exhibit 5 - Swarek Guaranty, #6 Exhibit 6 - World Aircraft UCC, #7 Exhibit 7 - First Amendment, #8 Exhibit 8 - Letter from David Vandergriff, #9 Civil Cover Sheet) (RLW)
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