Harley-Davidson Credit Corp. v. Elworths' Harley-Davidson Sales & Service, Inc. et al
| Harley-Davidson Credit Corp. |
| Greg Elworth, Mary Jo Elworth and Elworths' Harley-Davidson Sales & Service, Inc. |
| 4:2010cv03094 |
| May 19, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
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)
|
|
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, )
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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).
|
|
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, )
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nebraska District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
