Bank of the West v. Alpha Asbestos Abatement, Inc. et al
| Bank of the West |
| Caterpillar Financial Services Corporation, Michael J. Mazzaglia, Aramsco, Inc., Alpha Asbestos Abatement, Inc., US Internal Revenue Service, Bedford, NH, Town of and Gloria J. Mazzaglia |
| 1:2015cv00505 |
| December 16, 2015 |
| US District Court for the District of New Hampshire |
| Concord Office |
| Joseph N Laplante |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on October 25, 2016. A more recent docket listing may be available from PACER.
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| Filing 30 JUDGMENT is hereby entered in accordance with #29 Stipulation and order thereon, Order on Motion to Dismiss, Clerk's Order and Order on Motion for Default. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (cmp) |
//ENDORSED ORDER approving #29 Stipulation. Text of Order: Approved. So Ordered by Chief Judge Joseph N. Laplante.(cmp)
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| Filing 29 STIPULATION re: Final Judgment and Distribution of Interplead Funds by Alpha Asbestos Abatement, Inc., Caterpillar Financial Services Corporation, Michael J. Mazzaglia, US Internal Revenue Service(Burkhardt, Jeremy) |
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Filing 28
ORDER FOR DEFAULT JUDGMENT AGAINST ARAMSCO, INC., AND GLORIA MAZZAGLIA So Ordered by Chief Judge Joseph N. Laplante.(cmp)
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Filing 27
ENDORSED ORDER granting #26 Motion for Default Judgment. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante.(cmp)
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| Filing 26 Partially Assented to MOTION for Default Judgment as to Defendants Aramsco, Inc. and Gloria J. Mazzaglia filed by US Internal Revenue Service. Follow up on Objection on 10/17/2016. (Attachments: #1 Proposed Order Proposed Default Judgment Order)(Burkhardt, Jeremy) |
| ENDORSED ORDER re #24 Motion for Default. Text of Order: Pursuant to Fed. R. Civ. P. 55(a), default shall enter against entered against Defendants Aramsco, Inc. and Gloria J. Mazzaglia. Service on Aramsco's then designated corporate agent is proper under RSA 293-A:5.04 and abode service on Mazzaglia is proper under RSA 510:2. So ordered. So Ordered by Clerk of Court Daniel J. Lynch.(cmp) |
| Filing 25 STATUS REPORT by US Internal Revenue Service (Burkhardt, Jeremy) |
| Filing 24 MOTION for Default as to Gloria J. Mazzaglia and Aramsco, Inc. filed by US Internal Revenue Service. Follow up on Objection on 8/12/2016. (Attachments: #1 Exhibit (Affidavit), #2 Proposed Order)(Burkhardt, Jeremy) |
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ENDORSED ORDER reviewing #23 Status Report. Text of Order: Reviewed. Next status report due on or before 8/22/2016. So Ordered by Chief Judge Joseph N. Laplante.(jb)
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| Filing 23 STATUS REPORT by US Internal Revenue Service (Burkhardt, Jeremy) |
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ENDORSED ORDER reviewing #22 Status Report. Text of Order: Reviewed. Next status report due 7/23/16. So Ordered by Chief Judge Joseph N. Laplante.(jb)
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| Filing 22 STATUS REPORT by Caterpillar Financial Services Corporation : Settlement Negotiations Ongoing(McCraw, Thomas) |
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Filing 21
ORDER approving (with changes) #20 Proposed Discovery Plan. Length of Trial 1 day. Case Track: Standard. So Ordered by Chief Judge Joseph N. Laplante. Discovery deadline 8/31/2016. Summary Judgment Motions due by 9/15/2016. (jb)
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| TRIAL NOTICE: Pretrial Statements due 10/3/2016. LR 16.2(d) Objections due 10/17/2016. Final Pretrial Conference set for 10/24/2016 at 10:00 AM before Chief Judge Joseph N. Laplante. Bench Trial set for the two-week period beginning 11/1/2016 at 09:30 AM before Chief Judge Joseph N. Laplante. (jb) |
| Minute Entry for proceedings held before Chief Judge Joseph N. Laplante. PRETRIAL CONFERENCE held on 5/23/2016. Order to issue. (Defts Atty: In Person: Cynthia Proctor Gilman (& client), Thomas Kincaid McCraw; Telephonically: Steven Dean)(Total Hearing Time: 32 minutes) (jb) |
| Filing 20 Proposed Discovery Plan by Caterpillar Financial and US IRS filed by Caterpillar Financial Services Corporation. (McCraw, Thomas) |
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Filing 19
PROCEDURAL ORDER re Pretrial Conference scheduled for May 23, 2016 at 2:00 p.m. before Chief Judge Joseph N. Laplante. So Ordered by Chief Judge Joseph N. Laplante.(jb)
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| NOTICE OF PRETRIAL CONFERENCE. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. While not mandatory, the court prefers that the Joint Discovery Plan filed in accordance with Fed. R. Civ. P. 26(f) specify a summary judgment deadline which falls after the close of discovery, but at least 120 days before trial. Pretrial Conference set for 5/23/2016 02:00 PM before Chief Judge Joseph N. Laplante. Joint Discovery Plan due by 5/16/2016. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(cmp) |
| Release of Court Ordered Funds: Check No. 170941, dated 3/31/2016, in the amount of $4,629.23, made payable to Bank of the West c/o Lawrence Edelman, Esq., Pierce Atwood LLP, Pease International Tradeport, One New Hampshire Ave Suite 350, Portsmouth NH. (jb) |
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///ENDORSED ORDER granting #15 Partially Assented to MOTION to Dismiss Plaintiff Bank of the West as a Party, to Discharge it from Liability with Respect to the Surplus Realized on Foreclosure and to Assess Costs and Fees. Text of Order: Granted. While the court issued its March 8, 2016, order in order to ensure that it considered the interests of all parties, and has reviewed and considered Alpha's response, the fees and costs do not appear excessive or unreasonable. So Ordered by Chief Judge Joseph N. Laplante.(jb)
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| Filing 18 RESPONSE re #17 Affidavit, Objection filed by Alpha Asbestos Abatement, Inc.. (Gilman, Cynthia) |
| Filing 17 AFFIDAVIT re #15 Partially Assented to MOTION to Dismiss Plaintiff Bank of the West as a Party, to Discharge it from Liability with Respect to the Surplus Realized on Foreclosure and to Assess Costs and Fees filed by Bank of the West (Attachments: #1 Exhibit A-Client Detailed Time and Expense Report)(Edelman, Lawrence) |
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ENDORSED ORDER taking under advisement #15 Motion to Dismiss Plaintiff Bank of the West as a Party, to Discharge it from Liability with Respect to the Surplus Realized on Foreclosure and to Assess Costs and Fees. Text of Order: Under advisement pending an appropriate specific, duly supported request by the plaintiff for fees and costs, subject to review and response by all parties of record. So Ordered by Chief Judge Joseph N. Laplante.(jb)
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| Filing 16 RESPONSE to Motion re #15 Partially Assented to MOTION to Dismiss Plaintiff Bank of the West as a Party, to Discharge it from Liability with Respect to the Surplus Realized on Foreclosure and to Assess Costs and Fees filed by US Internal Revenue Service. (Burkhardt, Jeremy) |
| Filing 15 Partially Assented to MOTION to Dismiss Plaintiff Bank of the West as a Party, to Discharge it from Liability with Respect to the Surplus Realized on Foreclosure and to Assess Costs and Fees filed by Bank of the West. Follow up on Objection on 2/29/2016.(Edelman, Lawrence) |
| Court Ordered Funds Deposited on behalf of/by in the amount of $147,915.78, receipt no. 14649013064. Deposited pursuant to #13 Order of Distribution of Funds (cmp) |
| Filing 14 Defendant United States of America's ANSWER to Complaint filed by US Internal Revenue Service.(Burkhardt, Jeremy) |
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Filing 13
ORDER re: Deposited Funds. So Ordered by Chief Judge Joseph N. Laplante.(cmp)
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ENDORSED ORDER mooting #5 Motion Directing that State Court Transfer Interpleaded Surplus. Text of Order: moot So Ordered by Chief Judge Joseph N. Laplante.(cmp)
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| Filing 12 NOTICE of Attorney Appearance by Cynthia Proctor Gilman on behalf of Alpha Asbestos Abatement, Inc., Michael J. Mazzaglia Attorney Cynthia Proctor Gilman added to party Alpha Asbestos Abatement, Inc.(pty:dft), Attorney Cynthia Proctor Gilman added to party Michael J. Mazzaglia(pty:dft).(Gilman, Cynthia) |
| Filing 11 Certified Copies of State Court Record. State Court Case No. 216-2015-cv-00728, Hillsborough County Superior Court(Burkhardt, Jeremy) |
| Filing 10 Disclosure Statement by Caterpillar Financial Services Corporation disclosing a parent company, one or more publicly traded companies, and no merger agreement. (McCraw, Thomas) |
| Filing 9 ANSWER to Complaint filed by Caterpillar Financial Services Corporation.(McCraw, Thomas) |
| Filing 8 NOTICE of Attorney Appearance by Thomas Kincaid McCraw, Jr on behalf of Caterpillar Financial Services Corporation with Certificate of Service Attorney Thomas Kincaid McCraw, Jr added to party Caterpillar Financial Services Corporation(pty:dft).(McCraw, Thomas) |
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ENDORSED ORDER granting #2 Motion to Extend Time to Answer re #1 Notice of Removal. Text of Order: Granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) So Ordered by Chief Judge Joseph N. Laplante.(cmp)
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///ENDORSED ORDER granting #6 Motion to Dismiss Town of Bedford. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante.(cmp)
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| Filing 7 NOTICE of Attorney Appearance by Barton L. Mayer on behalf of Bedford, NH, Town of Bedford (Mayer, Barton) |
| Filing 6 Assented to MOTION to Dismiss as to the Town of Bedford Only filed by Bedford, NH, Town of. Attorney Barton L. Mayer added to party Bedford, NH, Town of(pty:dft).(Mayer, Barton) |
| Filing 5 MOTION for Order Directing that State Court Transfer Interpleaded Surplus filed by Bank of the West. Follow up on Objection on 1/4/2016.(Edelman, Lawrence) |
| Filing 4 Disclosure Statement by Bank of the West disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Edelman, Lawrence) |
| Filing 3 NOTICE of Attorney Appearance by Lawrence M. Edelman on behalf of Bank of the West (Edelman, Lawrence) |
| Filing 2 Assented to MOTION to Extend Time to Answer to February 8, 2016 filed by U.S. Internal Revenue Service.(Burkhardt, Jeremy) |
| Case assigned to Chief Judge Joseph N. Laplante. The case designation is: 1:15-cv-505-JL. Please show this number with the judge designation on all future pleadings. (de) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(de) |
| Filing 1 NOTICE OF REMOVAL from Hillsborough Superior Court Northern District, case number 216-215-cv-00728 (No fee paid, USA or IFP.) filed by U.S. Internal Revenue Service. State Court Record Follow Up 1/4/2016. (Attachments: #1 Original Writ of Summons and Complaint, #2 Notice of Removal to Counsel, #3 Notice of Removal to State Court Clerk, #4 Civil Cover Sheet) Registry funds deposited in the State Court should be transferred to the US District Court. Counsel should refer to LR 67.2, as a court order directing the transfer of funds must be entered prior to receipt of such funds. The removing party shall inform the depositing party to effectuate the transfer process.(Burkhardt, Jeremy) |
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