Harley-Davidson Credit Corp. v. Elworths' Harley-Davidson Sales & Service, Inc. et al
Plaintiff: Harley-Davidson Credit Corp.
Defendant: Greg Elworth, Mary Jo Elworth and Elworths' Harley-Davidson Sales & Service, Inc.
Case Number: 4:2010cv03094
Filed: May 19, 2010
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Richard G. Kopf
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 25, 2011 Opinion or Order Filing 61 MEMORANDUM AND ORDER - IT IS ORDERED: Defendant Greg Elworth's motion to set aside default (filing 58 ) is denied. Pursuant to Federal Rule of Civil Procedure 55(b), a hearing shall be conducted by the court on Friday, May 27, 2011 at 11:30 a. m. in Courtroom No. 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, Nebraska, for the purpose of receiving evidence to determine the truth of allegations in the plaintiff's complaint and the amount of the plaintiff 9;s damages and attorney's fees, if any. Evidence may be presented by affidavit at the hearing. The clerk shall mail a copy of this memorandum and order to the defendants at the following addresses: Elworths' Harley-Davidson Sales & Servi ce, Inc., 2311 Riverside Blvd., Norfolk, NE 68701; Gregory J. Elworth, 101 East Street, Hoskins, NE 68740; Mary Jo Elworth, 514 Lincoln St., Norfolk, NE 68701; Mary Jo Elworth, c/o Jan Einspahr, Attorney, 601 S. 13th, P. O. Box 402, Norfolk, NE 68701. Ordered by Judge Richard G. Kopf. (Copies mailed as directed) (TEL)
March 11, 2011 Opinion or Order Filing 59 MEMORANDUM AND ORDER that the plaintiff shall have 14 days to respond to the defendants 58 Motion to Set Aside Default. The defendants shall have 7 days thereafter to reply. Hearing on plaintiff's 54 Motion for Default Judgment, currently scheduled for March 23, 2011, is continued until further order of the court. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(ADB, )
November 20, 2010 Opinion or Order Filing 48 MEMORANDUM AND ORDER: Telephone Conference set for 11/24/2010 at 03:00 PM before Magistrate Judge Cheryl R. Zwart. The telephonic conference will be held on the record, and the call will be placed by the court. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se parties)(CRZ)
September 20, 2010 Opinion or Order Filing 46 MEMORANDUM AND ORDER - 1) The defendants have adequately responded to the court's show cause order, (filing no. 44 ). 2) The defendants' deadline for complying with the court's prior order, (filing no. 33 ), is continued. 3) Unless t he plaintiff has filed a motion for voluntary dismissal of this case by October 28, 2010, on or before October 29, 2010, the defendant, Elworths' Harley-Davidson Sales & Service, Inc., shall obtain the services of substitute counsel and have tha t attorney file an appearance on its behalf, and defendants Greg Elworth and Mary Jo Elworth shall either: (1) obtain the services of substitute counsel and have that attorney file an appearance in their behalf; or (2) indicate, by pleading, that the y will litigate this case and their defenses without counsel. 4) Absent timely compliance with paragraph (3) of this order, the court may enter a default against the non-complying defendant(s) without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Pursuant to Chambers, copies mailed to defendants at all the addresses listed in Order 44 .)(JAB)
August 24, 2010 Opinion or Order Filing 44 MEMORANDUM AND ORDER that the defendants are each given until September 9, 2010 to show cause why a default should not be entered. Absent timely compliance with this order, the court may enter a default against the non-complying defendant(s) without further notice. The clerk shall mail a copy of this order to the defendants as listed in this order. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (JSF)
July 19, 2010 Opinion or Order Filing 37 ORDER TO SHOW CAUSE. On or before August 2, 2010 Attorney Timothy S. Harris shall register for admission to practice in this court and shall register for the System or show cause by written affidavit why he cannot comply with the rules of the court. Show Cause Deadline set for 8/2/2010.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
July 13, 2010 Opinion or Order Filing 33 MEMORANDUM AND ORDER -The motion of counsel for the defendants to withdraw, filing no. 32 , is granted, effective upon the filing of a certificate of service or affidavit indicating that the defendants have been served with a copy of this order. Cor porations may not proceed pro se. Therefore the defendant, Elworths Harley-Davidson Sales & Service, Inc., is given until August 13, 2010 in which to obtain the services of substitute counsel and have that attorney file an appearance on its behalf. Defendants Greg Elworth and Mary Jo Elworth are given until August 13, 2010 in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance in their behalf; or (2) indicate, by pleading, that they will litigate this case and their defenses without counsel. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
May 27, 2010 Opinion or Order Filing 24 TEMPORARY RESTRAINING ORDER granting in part and denying in part and part held in abeyance 2 Motion for TRO and granting in part and denying in part and part held in abeyance 8 Amended Motion for TRO. The Defendants shall surrender the Motorcyc les to the Plaintiff's representatives. The Defendants shall not further encumber their physical assets. That the Court will schedule a hearing on a Preliminary Injunction at a mutually convenient time upon the request of the Plaintiff. Ordered by Judge Richard G. Kopf. (JAE) Modified on 5/27/2010 add text regarding abeyance (JAE).
May 20, 2010 Opinion or Order Filing 11 ORDER. Upon consideration of the motion and amended motion for temporary restraining order and injunction (filings 2 and 8 ),IT IS ORDERED that:(1)A hearing on said motions will be conducted on Wednesday, May 26, 2010, at 2:00 p.m., before the und ersigned United States district judge, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. (2)The plaintiff shall give notice to the defendants of said hearing by serving a copy of this order on defendants at least one day prior to the aforementioned hearing date. Ordered by Judge Richard G. Kopf. (KLL, )
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Defendant: Greg Elworth
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Defendant: Mary Jo Elworth
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Defendant: Elworths' Harley-Davidson Sales & Service, Inc.
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Plaintiff: Harley-Davidson Credit Corp.
Represented By: Timothy S. Harris
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