Nissan Motor Acceptance Corporation v. Robert Allen Nissan of Helena et al
Plaintiff: Nissan Motor Acceptance Corporation
Defendant: Robert T. Allen and Robert Allen Nissan of Helena
Case Number: 6:2019cv00016
Filed: February 22, 2019
Court: US District Court for the District of Montana
Presiding Judge: Charles C Lovell
Nature of Suit: Negotiable Instrument
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2019 Filing 33 Unopposed MOTION for Extension of Time to File Answer re #31 Order, Set Deadlines, Terminate Motions Murry Warhank appearing for Defendants Robert T. Allen, Robert Allen Nissan of Helena (Attachments: #1 Proposed Order) (Warhank, Murry)
March 27, 2019 Opinion or Order Filing 32 ORDER & PRELIMINARY INJUNCTION. Signed by Judge Charles C. Lovell on 3/27/2019. (Attachments: #1 Ex A, #2 Ex B) (HEG)
March 27, 2019 Opinion or Order Filing 31 ORDERED: Defendants have up to and including April 22, 2019, to file their answer to Plaintiffs Verified Complaint. Signed by Judge Charles C. Lovell on 3/27/2019. (HEG)
March 26, 2019 Filing 30 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,,, Murry Warhank appearing for Defendants Robert T. Allen, Robert Allen Nissan of Helena (Attachments: #1 Text of Proposed Order Exhibit) (Warhank, Murry)
March 26, 2019 Filing 29 Submission of Proposed Order Preliminary Injunction Order re: #28 Stipulated Motion of Parties to Preliminary Injunction; [proposed] Preliminary Injunction. (Attachments: #1 Exhibit A - Inventory, #2 Exhibit B-Description of Personal Property) (Ellingsen, Mark)
March 25, 2019 Filing 28 Stipulated Motion of Parties to Preliminary Injunction; [proposed] Preliminary Injunction Mark A. Ellingsen appearing for Plaintiff Nissan Motor Acceptance Corporation (Attachments: #1 Exhibit A, #2 Exhibit B) (Ellingsen, Mark)
March 25, 2019 Filing 27 Stipulated Motion Joint Request to Vacate Hearing and to Enter Stipulated Preliminary Injunction Order Mark A. Ellingsen appearing for Plaintiff Nissan Motor Acceptance Corporation (Attachments: #1 Exhibit A) (Ellingsen, Mark)
March 25, 2019 Opinion or Order Filing 26 ORDERED: the parties shall meet on or before March 27, 2019, to prepare a joint status report, to be filed by Plaintiffs counsel no later than 4:00 p.m. (Mountain Daylight Time) on March 27, 2019. IT IS FURTHER ORDERED that the parties shall exchange exhibits and file exhibit lists (in portrait format). The parties shall file all exhibits electronically, along with the exhibit list, no later than 4:00 p.m. (Mountain Daylight Time) on March 27, 2019. IT IS FURTHER ORDERED that any party planning to call witnesses shall file a witness list no later than 4:00 p.m. (Mountain Daylight Time) on March 27, 2019. The witness list shall state the full name of each witness and a brief description of the nature and substance of the witness's testimony. See order for complete details. Signed by Judge Charles C. Lovell on 3/25/2019. (HEG)
March 19, 2019 Opinion or Order Filing 25 IT IS HEREBY ORDERED that the hearing currently set for March 29, 2019 is VACATED and reset for 10:00 a.m. on March 28, 2019, in Courtroom II, United States Courthouse, 901 Front Street, Helena, Montana. Signed by Judge Charles C. Lovell on 3/19/2019. (HEG) Modified on 3/19/2019 Tina Brilz to report (HEG).
March 19, 2019 Opinion or Order Filing 24 TEMPORARY RESTRAINING ORDER: Defendants and their principals, agents, employees and other representatives: May sell or lease the Collateral in the ordinary course of business only as provided in this Order. (See order for complete details.) IT IS FURTHER ORDERED that Plaintiff shall not be required to provide security. IT IS FURTHER ORDERED that an expedited hearing of Plaintiff's Motion for Preliminary Injunction is set down on Thursday, March 28, 2019, at 10 :00 a.m. in Courtroom II, United States Courthouse, Helena. Signed by Judge Charles C. Lovell on 3/19/2019. (Attachments: #1 Exhibit A, #2 Exhibit B) (HEG)
March 19, 2019 Filing 23 MINUTE ENTRYMinute Entry for proceedings held before Judge Charles C. Lovell: Status Conference held on 3/19/2019. Pamela Combo and Andrew Elliott present on behalf of Plaintiff and Murry Warhank present on behalf of Defendants. Court reviews proceedings to date. Court states Plaintiff are entitled to TRO and Court has selected a hearing date for court to consider preliminary injunction, 3/28; Court has modified the proposed TRO and allows counsel to review before signing it. Counsel heard. Recess. Court resumes with counsel. Court confirms with parties the 3/28 for prelim hearing and parties agree and court sets hearing for 10:00 a.m. Court hears from parties regarding TRO. Plt requests replevin hearing also be set for 3/28 and Court agrees. Plt has no objections to proposed TRO, and states counsel has met regarding proposed order as suggested by court, and asks for time to get that accomplished today. Plaintiff asks court set bond at a minimum amount. Dft counsel heard on bond issue. Recess. Court resumes with all parties, court confirms the TRO reached by parties and presented to the Court. Court has signed/entered TRO and it is in full force and effect. Hearing for Preliminary Injunction and hearing for claim and delivery will be set for 3/28 at 10:00 a.m. (Court Reporter Tina Briliz.) (Law Clerk: R. French), (Hearing held in Helena) (DED)
March 19, 2019 Filing 22 AFFIDAVIT of Service for Plaintiff's Ex Parte Motion for Appearance and Temporary Substitution of Local Counsel; Affidavit of Mark A. Ellingsen in Support; Affidavit of Pamela D. Combo in Support; and Order served on Jackson, Murdo & Grant, P.C. as Registered Agent for Robert Allen Nissan of Helena, Inc. on March 15, 2019, filed by Nissan Motor Acceptance Corporation. (Ellingsen, Mark)
March 18, 2019 Filing 21 NOTICE of Appearance by Murry Warhank on behalf of All Defendants (Warhank, Murry)
March 18, 2019 Filing 20 AFFIDAVIT of Service for Plaintiff's Ex Parte Motion for Appearance and Temporary Substitution of Local Counsel; Affidavit of Mark A. Ellingsen in Support; Affidavit of Pamela D. Combo in Support; and Order served on Robert T. Allen on March 15, 2019, filed by Nissan Motor Acceptance Corporation. (Ellingsen, Mark)
March 15, 2019 Filing 19 AFFIDAVIT of Service for Motion for Temporary Restraining Order and Preliminary Injunction, Memorandum of Points and Authorities in Support of Motion for Temporary Restraining Order, Affidavit of Jeff Griffin in Support of Order to Show Cause Re Claim and Request for Temporary Restraining Order and Order served on Jackson, Murdo & Grant, P.C. as Registered Agent for Robert Allen Nissan of Helena, Inc. on March 14, 2019, filed by Nissan Motor Acceptance Corporation. (Ellingsen, Mark)
March 14, 2019 Opinion or Order Filing 18 ORDER granting #17 Motion for Appearance and Temporary Substitution of Local Counsel. Signed by Judge Charles C. Lovell on 3/14/2019. (JEC)
March 13, 2019 Filing 17 MOTION for Leave to Appear , MOTION to Substitute Attorney Mark A. Ellingsen appearing for Plaintiff Nissan Motor Acceptance Corporation (Attachments: #1 Affidavit of Mark A. Ellingsen in Support of Plaintiffs Ex Parte Motion for Appearance and Temporary Substitution of Local Counsel, #2 Affidavit of Pamela D. Combo in Support of Plaintiff's Ex Parte Motion for Appearance and Temporary Substitution of Local Counsel, #3 Text of Proposed Order Order Granting Plaintiff's Ex Parte Motion for Appearance and Temporary Substitution of Local Counsel) (Ellingsen, Mark) Modified on 3/14/2019 to remove restriction per Order #18 . (JEC).
March 11, 2019 Filing 16 AFFIDAVIT of Service for Motion for Temporary Restraining Order and Preliminary Injunction, Memorandum of Points and Authorities in Support of Motion for Temporary Restraining Order, Affidavit of Jeff Griffin in Support of Order to Show Cause Re Claim and Request for Temporary Restraining Order and Order served on Robert T. Allen on March 11, 2019, filed by Nissan Motor Acceptance Corporation. (Ellingsen, Mark)
March 11, 2019 Set Deadlines: Defendants Answers due on or before 3/26/2019 per #7 . (HEG)
March 8, 2019 Opinion or Order Filing 15 ORDERED that the parties shall appear for a status conference on Tuesday, March 19, 2019 at 10:00 a.m. in Courtroom II, United States Courthouse, 901 Front Street,Helena, Montana. Plaintiff shall personally serve Defendants with a copy of its motion and supporting documents and this order on or before Tuesday, March 12, 2019. Signed by Judge Charles C. Lovell on 3/8/2019. (HEG) Modified on 3/11/2019 Tina Brilz to report .(HEG).
March 8, 2019 Filing 14 AFFIDAVIT of Service for Verified Complaint, Summons and Order to Show Cause served on Robert T. Allen on March 5, 2019, filed by Nissan Motor Acceptance Corporation. (Ellingsen, Mark)
March 8, 2019 Filing 13 AFFIDAVIT of Service for Verified Complaint, Summons and Order to Show Cause served on Jackson, Murdo & Grant, P.C. as Registered Agent for Robert Allen Nissan of Helena, Inc. on March 4, 2019, filed by Nissan Motor Acceptance Corporation. (Ellingsen, Mark)
March 7, 2019 Filing 12 Notice of Correction: re #8 MOTION for Temporary Restraining Order and Preliminary Injunction. The filing error relates to: Multiple Motion Types Not Selected. See the attached document for a brief description of the error made. (HEG)
March 6, 2019 Filing 11 Submission of Proposed Order re: #8 MOTION for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit A-Vehicle Collateral as of March 5, 2019, #2 Exhibit B-Dealer Financial Statement) (Ellingsen, Mark)
March 6, 2019 Filing 10 AFFIDAVIT in Support re #6 MOTION for Order to Show Cause on NMAC's Second Claim for Relief-Claim and Delivery of Personal Property, #8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Nissan Motor Acceptance Corporation. (Attachments: #1 Exhibit A-Automotive Wholesale Financing and Security Agreement, #2 Exhibit B-UCC Filings, #3 Exhibit C-Lease Plan and Security Agreement, #4 Exhibit D-Daily Loaners as of March 5, 2019, #5 Exhibit E-Demand Letter Dated January 11, 2019, #6 Exhibit F-Vehicles Sold Out of Trust as of January 31, 2019, #7 Exhibit G-Vehicles Sold Out of Trust as of March 5, 2019, #8 Exhibit H-Vehicle Collateral as of March 5, 2019, #9 Exhibit I-Dealer Financial Statement) (Ellingsen, Mark)
March 6, 2019 Filing 9 Brief/Memorandum in Support re #8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Nissan Motor Acceptance Corporation. (Attachments: #1 Exhibit A-Automotive Wholesale Financing and Security Agreement, #2 Exhibit B-UCC Filings, #3 Exhibit C-Lease Plan Financing and Security Agreement, #4 Exhibit D-Daily Loaners as of March 5, 2019, #5 Exhibit E-Demand Letter Dated January 11, 2019, #6 Exhibit F-Vehicles Sold Out of Trust as of January 31, 2019, #7 Exhibit G-Vehicles Sold Out of Trust as of March 5, 2019, #8 Exhibit H-Vehicle Collateral as of March 5, 2019, #9 Exhibit I-Dealer Financial Statement) (Ellingsen, Mark) Modified on 3/7/2019 to link to Motions(HEG).
March 6, 2019 Filing 8 MOTION for Temporary Restraining Order and Preliminary Injunction Mark A. Ellingsen appearing for Plaintiff Nissan Motor Acceptance Corporation (Ellingsen, Mark) Modified on 3/7/2019 to add additional motion not selected during initial filing. (HEG)
March 1, 2019 Opinion or Order Filing 7 ORDERED: Plaintiff shall personally serve Defendant Robert Allen Nissan of Helena, Inc. and Defendant Robert T. Allen as required by Fed. R. Civ. P. 4, with a summons and complaint and a copy of this order on or before March 5, 2019. Plaintiff may also serve Defendants with any renewed motion at the time of service of the summons and complaint. IT IS FURTHER ORDERED that any defendant served on or before March 5, 2019 shall file an answer or otherwise appear on or before March 26, 2019. IT IS FURTHER ORDERED That the parties shall appear for a hearing before this Court at 10:00 a.m. on March 29, 2019, in Courtroom II, United States Courthouse, 901 Front Street, Helena, Montana at which time the Court will again consider this motion. Signed by Judge Charles C. Lovell on 3/1/2019. (HEG) Modified on 3/8/2019 Yvette Heinze to report (HEG).
February 28, 2019 Filing 6 MOTION for Order to Show Cause on NMAC's Second Claim for Relief-Claim and Delivery of Personal Property Mark A. Ellingsen appearing for Plaintiff Nissan Motor Acceptance Corporation (Attachments: #1 Memorandum in Support of Motion for Order to Show Cause, #2 Text of Proposed Order Order to Show Cause, #3 Exhibit A to Proposed Order to Show Cause) (Ellingsen, Mark)
February 26, 2019 Opinion or Order Filing 5 ORDER granting #4 Motion to Appear Pro Hac Vice. Copy of affidavit emailed to S. N. to add attorney information. Signed by Judge Charles C. Lovell on 2/26/2019. (HEG)
February 26, 2019 Filing 4 MOTION Andrew Elliott to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2269447.) Mark A. Ellingsen appearing for Plaintiff Nissan Motor Acceptance Corporation (Attachments: #1 Affidavit and Application of Andrew Elliott in Support of Motion for Admission of Andrew Elliott to Be Admitted Pro Hac Vice, #2 Proposed Order Granting Motion for Andrew Elliott to Appear Pro Hac Vice) (Ellingsen, Mark)
February 25, 2019 Remark: Per conversation with Counsel Ellingson's office, the original summonses will be mailed to counsel. (HEG)
February 25, 2019 Filing 3 Summons Issued as to Robert T. Allen, Robert Allen Nissan of Helena. (HEG)
February 22, 2019 Filing 2 Corporate Disclosure Statement by Nissan Motor Acceptance Corporation identifying Corporate Parent Nissan North America, Inc. for Nissan Motor Acceptance Corporation.. (Ellingsen, Mark)
February 22, 2019 Filing fee: $ 400., receipt number 0977-2268054 (HEG)
February 22, 2019 Filing 1 VERIFIED COMPLAINT FOR: Breach of Wholesale Agreement; Claim and Delivery; Injunctive Relief; Specific Performance; Breach of Sign Lease Agreement; Breach of Lease Plan Agreement; Breach of Gauranty against Robert T. Allen, Robert Allen Nissan of Helena, filed by Nissan Motor Acceptance Corporation. (Attachments: #1 Ex A-Wholesale Security Agreement, #2 Ex B-Finance Statements, #3 Ex C-Lease Agreement, #4 Ex D-Lease Financing & Security Agreement, #5 Ex E-Leased Vehicles, #6 Ex F-1/11/19 Demand Letter, #7 Ex G-Sold out of Trust Vehicles, #8 Ex H-Defendants Vehicle Collateral as of 2/4/19, #9 Ex I-Dealer Financial Statement, #10 Ex J-Robert T. Allen Continuing Gauranty Agreement, #11 Civil Cover Sheet) (HEG) Modified on 2/22/2019 to update complaint info (HEG).

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Defendant: Robert T. Allen
Represented By: Murry Warhank
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Defendant: Robert Allen Nissan of Helena
Represented By: Murry Warhank
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Plaintiff: Nissan Motor Acceptance Corporation
Represented By: Mark A. Ellingsen
Represented By: Pamela D. Combo
Represented By: Andrew S. Elliott
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