Caterpillar Financial Services Corporation v. Capriati Construction Corp, Inc.
| U.S. Trustee |
| Caterpillar Financial Services Corporation |
| Capriati Construction Corp, Inc. |
| 2:2017cv02637 |
| October 10, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F Boulware |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 29
ORDER AND MANDATE of USCA, Ninth Circuit, as to #19 Notice of Appeal. DISMISSED (Copies have been distributed pursuant to the NEF - JM)
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Filing 28
ORDER granting #27 Stipulation of Dismissal with Prejdudice; Signed by Judge Richard F. Boulware, II on 2/28/2019. (Copies have been distributed pursuant to the NEF - JM)
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| Filing 27 STIPULATION of Dismissal re #1 Bankruptcy Appeal by Appellant Caterpillar Financial Services Corporation. (Griffith, Blakeley) |
| Filing 26 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/8/2019. In light of the Notice of Settlement #25 , IT IS ORDERED that the parties shall file within sixty days either: (1) a stipulation to dismissal or (2) a status report explaining why settlement has not been finalized and including an estimation for the amount of time needed to finalize settlement. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 25 NOTICE of Settlement by Caterpillar Financial Services Corporation re #16 Proposed Findings of Fact and Conclusions of Law by USBC,. (Kinas, Robert) |
| Filing 24 REPLY to #23 Response, #17 Response, by Appellant Caterpillar Financial Services Corporation. (Griffith, Blakeley) |
| Filing 23 RESPONSE to #17 Response, by Appellee Capriati Construction Corp, Inc.. (Kung, Annie) |
| Filing 22 TRANSCRIPT DESIGNATION by Appellant Caterpillar Financial Services Corporation re #19 Notice of Appeal, #18 Transcript,,. (Dove, Kelly) |
| Filing 21 USCA ORDER for Time Schedule as to #19 Notice of Appeal, filed by Caterpillar Financial Services Corporation. USCA Case Number 18-16987. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 20 Designation of Transcripts and Transcript Order forms and instructions for #19 Notice of Appeal,. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov/Forms.aspx. (TR) |
| Filing 19 NOTICE OF APPEAL as to 15 Motion Hearing,,,, Terminate Deadlines/Hearings,,, by Appellant Caterpillar Financial Services Corporation. Filing fee $ 505, receipt number 0978-5278864. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Attachments: #1 Exhibit Representation Statement) (Kinas, Robert) |
| Filing 18 TRANSCRIPT of Proceedings, 15 Motion Hearing, held on 9/12/2018, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 10/30/2018. Redacted Transcript Deadline is set for 11/9/2018. Release of the Transcript Restriction is set for 1/7/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
| Filing 17 RESPONSE to #16 Proposed Findings of Fact and Conclusions of Law by USBC, by Appellant Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1 - Court's Findings of Facts re motion for summary judgment (excerpts), #2 Exhibit 2 - Trial Transcript, Day 2 (excerpts)) (Griffith, Blakeley) |
| Filing 16 Proposed Findings of Fact and Conclusions of Law. Signed by Bankruptcy Judge August B. Landis on 9/10/2018. Objections due by 10/9/2018. (JM) (Additional attachment(s) added on 9/27/2018: #1 Proposed Findings) (JM). Modified on 9/27/2018 (JM). |
| Filing 15 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/12/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Robert Kinas, Esq., Kelly Dove, Esq;; Def Counsel: Annie Kung, Esq.;; Court Reporter: Patty Ganci; Time of Hearing: 11:14 AM - 11:41 AM; Courtroom: 7C.The Court makes preliminary statements and hears representations from counsel as to the bankruptcy appeal in this case. For the reasons stated on the record at the hearing, the Court AFFIRMS the Order of the Bankruptcy Judge. The Transcript of the hearing will serve as the written Opinion and Order of the Court.The Clerk of Court is directed to close this case.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 8/31/2018. IT IS ORDERED that a hearing regarding the #6 Opening Brief, #10 Answering Brief, #13 Reply Brief is set for September 12, 2018 at at 11:00 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 13 REPLY BRIEF re #6 Brief by Appellant Caterpillar Financial Services Corporation. (Kinas, Robert) |
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Filing 12
ORDER granting #11 Stipulation; Reply Appeal Brief due by 1/30/2018. Signed by Judge Richard F. Boulware, II on 1/24/2018. (Copies have been distributed pursuant to the NEF - JM)
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| Filing 11 First STIPULATION FOR EXTENSION OF TIME (First Request) to File Reply Brief re 5 Minute Order Bankruptcy Briefing Schedule,,, by Appellant Caterpillar Financial Services Corporation. (Dove, Kelly) |
| Filing 10 ANSWERING BRIEF re #6 Brief by Appellee Capriati Construction Corp, Inc.. (Kung, Annie) |
| Filing 9 EXCERPTS of Record re #6 Brief by Caterpillar Financial Services Corporation Volume III. (Kinas, Robert) |
| Filing 8 EXCERPTS of Record re #6 Brief by Caterpillar Financial Services Corporation Volume II. (Kinas, Robert) |
| Filing 7 EXCERPTS of Record re #6 Brief by Caterpillar Financial Services Corporation Volume I. (Kinas, Robert) |
| Filing 6 OPENING BRIEF by Appellant Caterpillar Financial Services Corporation. (Kinas, Robert) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 12/12/2017. IT IS ORDERED that the appellant shall have a period of 14 days from the date of this order to file/serve an opening brief. Appellee shall have 14 days after to file/serve an answering brief. Thereafter, appellant shall have 14 days to file/serve a final reply brief. IT IS FURTHER ORDERED that appellant shall file and serve excerpts of the record as an appendix to the appellant brief pursuant to Fed. R. Bankr. P. 8009(b) and LR IC 2-2. Appellee may also file/serve an appendix with appellee brief which contains required material omitted by appellant. Opening brief due by 12/26/2017. Answering brief due by 1/9/2018. Reply brief due by 1/23/2018. (no image attached) (Copies have been distributed pursuant to the NEF - JM) |
| Filing 4 CERTIFICATE of Readiness. (JM) |
| Filing 3 STATUS REPORT Regarding Record on Appeal. (MR) |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II, on 10/11/2017. IT IS ORDERED that the designation of reporters and recorders transcripts (if any) as required by Fed. R. Bankr. P. 8009(a) shall be filed with the clerk of bankruptcy court so the certificate of readiness may be transmitted timely to the district court. If the designation was previously filed with the clerk of BAP, counsel shall file a copy of the same with the clerk of bankruptcy court. IT IS FURTHER ORDERED that all future documents filed in connection with this appeal shall bear the bankruptcy case number, adversary case number (if any) and the district court civil case number. For Bankruptcy Appeals, Attorneys are required to file Verified Petitions in accordance with LR IA 11-2. (no image attached) (Copies have been distributed pursuant to the NEF - JM) |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT, Bankruptcy Court case number 15-15722., filed by Caterpillar Financial Services Corporation. (Attachments: #1 Memo, #2 Referral, #3 Transmittal)(JM) |
| Case assigned to Judge Richard F. Boulware, II. (JM) |
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