Caterpillar Financial Services Corporation v. Cleveland Crane & Shovel Sales, Inc.
Plaintiff: Caterpillar Financial Services Corporation
Defendant: Cleveland Crane & Shovel Sales, Inc.
Case Number: 1:2011cv01634
Filed: August 5, 2011
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: James S Gwin
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on June 18, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 18, 2012 Filing 51 Stipulated Dismissal approved 6/18/12 by Judge James S. Gwin. (Related Doc. #50 ) (M,G)
June 15, 2012 Filing 50 Notice of Dismissal Under FRCP 41(a)(1) filed by Caterpillar Financial Services Corporation. (Webster, Jordan)
May 11, 2012 Opinion or Order Filing 49 Order signed by Judge James S. Gwin on 5/11/12 that upon representation of the parties that all issues have been resolved the docket is marked settled and dismissed with prejudice. The Court retains jurisdiction as set forth in this entry. (M,G)
May 10, 2012 Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. Mediation Conference held on 5/10/2012. In attendance were: Attorney Jordan Webster for the plaintiff and Plaintiff's in-house counsel, Lee M. Norsted; Attorney Stephen M.Bales for the defendant and Defendant representative Bill Aurelius. Case settled. Notice of dismissal to be filed by 5/24/12. Referral Terminated (Court Reporter: Heidi Geizer.)Time: 4 hours 20 minutes. (R,N)
May 2, 2012 Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephone Status Conference was held on 5/2/12. In attendance were: Attorney Jordan Webster for the Plaintiff; Attorneys Lee Norsted and Stephen Bales for the Defendant. At the parties request, the mediation conference originally set for 5/17/12 has been rescheduled and will be held on 5/10/2012 at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. Parties to have mediation statements to the Court by 5/7/12. Time: 10 minutes. (R,N)
April 26, 2012 Filing 48 IMPORTANT: Notice of Telephone Status Conference set for 5/2/2012 at 10:00 AM before Magistrate Judge Kenneth S. McHargh. The Court will forward the call in information via email. (R,N)
April 24, 2012 Filing 47 Response to #44 Objection to Qualification of Expert Witness John Thompson filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A-Aurelius Deposition Excerpts, #2 Exhibit B-Defendant's Amended Answers to Interrogatories (Excerpts))(Webster, Jordan)
April 23, 2012 Opinion or Order Filing 46 Order setting mediation conference to be held on 5/17/2012 at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. Parties are to comply with the dates listed within this Order. Signed by Magistrate Judge Kenneth S. McHargh on 4/23/12. (R,N)
April 19, 2012 Opinion or Order Filing 45 Order referring case to Magistrate Judge Kenneth S. McHargh for Mediation. Judge James S. Gwin on 4/19/12. (S,HR)
April 17, 2012 Filing 44 Objection to Qualification of Expert Witness John Thompson filed by Defendant Cleveland Crane & Shovel Sales, Inc.. (Attachments: #1 Exhibit A - Thompson Report)(De Santis, Nicholas) Modified text, termed motion, contacted attorney regarding wrong filing event and regenerated NEF on 4/17/2012 (H,LA).
April 10, 2012 Filing 43 Supplemental Appendix (Second) filed by Caterpillar Financial Services Corporation. Related document(s) #42 . (Attachments: #1 SEE attached Exhibits added separately below. Exhibit C; H; U; W; DD; EE; FF)(Webster, Jordan) (Additional attachment(s) added on 4/17/2012: #2 Exhibit C Deposition of Steven Zeiger (Supp. excerpts), #3 Exhibit H Deposition of Thomas Austin, Vol. I (supp. excerpts), #4 Exhibit U Deposition of Thomas Austin, Vol. II (supp. excerpts), #5 Exhibit W Deposition of Richard Light (supp. excerpts), #6 Exhibit DD Cross Collateral Security/Cross Default Agreement, #7 Exhibit EE Sept. 15, 2009 Email, #8 Exhibit FF May 2012 collateral valuation) (H,LA). Modified to attach exhibits separately, described appropriately, and regenerated NEF on 4/17/2012 (H,LA).
April 10, 2012 Filing 42 Reply Brief in support of #36 Motion for summary judgment filed by Caterpillar Financial Services Corporation. (Webster, Jordan) Modified text on 4/16/2012 (H,LA).
April 10, 2012 Filing 41 Reply in support of #35 Motion for summary judgment filed by Cleveland Crane & Shovel Sales, Inc.. (De Santis, Nicholas) Modified text on 4/16/2012 (H,LA).
April 3, 2012 Filing 40 Opposition to #36 Motion for summary judgment filed by Cleveland Crane & Shovel Sales, Inc.. (Attachments: #1 Attorney Affidavit regarding compliance with page limit., #2 Austin Depo. Vol. I excerpts., #3 Aurelius Depo. excerpts., #4 Austin Depo. Vol. II excerpts., #5 Zeiger Depo. excerpts., #6 Light Depo. excerpts., #7 Renaud Depo. excerpts., #8 Answers to Admissions, #9 Hughes Depo. excerpts., #10 Defendant's deposition exhibits., #11 Plaintiff's deposition exhibits.)(De Santis, Nicholas)
April 3, 2012 Filing 39 Supplemental Appendix in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment filed by Caterpillar Financial Services Corporation. Related document(s) #38 , #36 . (Attachments: #1 SEE Additional attachments exhibits uploaded individually below: Exhibit Evidentiary Materials)(Webster, Jordan) Modified to create additional link on 4/6/2012 (H,LA). (Additional attachment(s) added on 4/17/2012: #2 Exhibit C Deposition of Steven Zeiger (supp. excerpts), #3 Exhibit D Deposition of Earl William Aurelius (supp. excerpts), #4 Exhibit L Deposition of Fred Leach (supp. excerpts), #5 Exhibit U Deposition of Thomas Austin, Vol. II (supp. excerpts), #6 Exhibit W Deposition of Richard Light (supp. excerpts), #7 Exhibit Z Correspondence between G. Dunkel and P. Russ, #8 Exhibit AA Complaint filed against Zeiger Cran Rental et al., #9 Exhibit BB Deposition of Kyle Renaud (excerpted), #10 Exhibit CC 4/22/2011 demand letter) (H,LA). Modified to correctly add exhibits individually, properly label, and regenerated NEF on 4/17/2012 (H,LA).
April 3, 2012 Filing 38 Opposition to #35 Motion for summary judgment filed by Caterpillar Financial Services Corporation. (Webster, Jordan)
March 20, 2012 Filing 37 Brief in Support of Motion for Summary Judgment filed by Caterpillar Financial Services Corporation. Related document(s) #36 . (Webster, Jordan)
March 20, 2012 Filing 36 Motion for summary judgment filed by Plaintiff Caterpillar Financial Services Corporation. (Attachments: #1SEE additional attachments added below with exhibits separately attached Exhibit A - Appendix, #2 Proposed Order)(Webster, Jordan) (Additional attachment(s) added on 4/17/2012: #3 Exh. A Master Loan & Security Agreement, #4 Exh. B Schedule No. 004 to Master Loan & Security Agreement, #5 Exh. C Deposition of Steven Zeiger (excerpted), #6 Exh. D Deposition of Earl William Aurelius (excerpted), #7 Exh. E 7/11/08 UCC Financing Statements, #8 Exh. F 9/8/09 Substitution Agreement, #9 Exh. G 8/21/09 Memorandum, #10 Exh. H Deposition of Thomas Austin, Vol. I (excerpted), #11 Exh. I 9/3/09 Subordination Agreement, #12 Exh. J Sept. 2009 UCC Financing Statements, #13 Exh. K 4/5/10 Email from F. Leach to B. Aurelius, #14 Exh. L Deposition of Fred Leach (excerpted), #15 Exh. M 4/12/10 Quotation, #16 Exh. N 4/16/10 Email from W. Aurelius to F. Leach with attached invoice & wiring instructions, #17 Exh. O 4/16/10 email from M. Sibert to F. Leach & S. Sibert confirming deposit, #18 Exh. P 4/19/10 Invoice, #19 Exh. Q 4/20/10 Email, #20 Exh. R 4/26/10 fax with payment confirmation, #21 Exh. S Deposition of Kristine Clements (excerpted), #22 Exh. T Def's Amended Ans and Resp. to Plaintiff's 1st set of Interrogatories and 1st Req. for Prod. of Documents, #23 Exh. U Deposition of Thomas Austin, Vol. II (excerpted), #24 Exh. V 4/29/10 email from T. Austin to K. Clements, #25 Exh. W Deposition of Richard Light (excerpted), #26 Exh. X 7/19/10 email with attached invoice, #27 Exh. Y 8/19/09 Invoice) (H,LA). Modified to upload attachments indivually, described in detail, regenerated NEF on 4/17/2012 (H,LA).
March 20, 2012 Filing 35 Motion for summary judgment filed by Defendant Cleveland Crane & Shovel Sales, Inc.. (Attachments: #1 Affidavit Attorney Affidavit regarding memoranda page limit, #2 Exhibit Austin Depo. excerpts, #3 Exhibit Renaud Depo. excerpts, #4 Exhibit Zeiger Depo. excerpts, #5 Exhibit Aurelius Depo. excerpts, #6 Exhibit Austin Depo. Vol. II excerpts, #7 Exhibit Light Depo. excerpts, #8 Exhibit Answers to Admissions, #9 Exhibit Hughes Depo. excerpts)(De Santis, Nicholas)
March 15, 2012 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 3/15/12 denying defendant's motion to approve confidentiality and protective order. (Related Doc. #30 ) (M,G)
March 14, 2012 Filing 34 Minutes of status conference before Judge James S. Gwin on 3/13/12. (Court Reporter: none; Time: 20 min.) (M,G)
February 22, 2012 Opinion or Order Filing 33 Marginal Entry Order signed by Judge James S. Gwin on 2/22/12 granting the parties' motion for an extension of the assigned dispositive deadlines. Dispositive discovery due 3/14/12, motions to be filed by 3/20/12, responses due 4/3/12 and replies due 4/10/12. The Court will entertain no further motions for extension. (Related Doc. #32 ) (M,G)
February 21, 2012 Filing 32 Joint Motion for extension of Case Management Order Deadlines filed by Plaintiff Caterpillar Financial Services Corporation. Related document(s) #24 . (Attachments: #1 Proposed Order)(Webster, Jordan)
February 21, 2012 Filing 31 Attorney Appearance by Nicholas C. De Santis, III filed by on behalf of Cleveland Crane & Shovel Sales, Inc.. (De Santis, Nicholas)
February 1, 2012 Filing 30 Motion to Approve Confidentiality and Protective Order filed by Plaintiff Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Stipulation of Confidentiality and Protective Order)(Webster, Jordan) Modified exhibit name on 2/6/2012 (H,KR).
January 23, 2012 Filing 29 Notice to take Deposition of Two Deponents on February 15, 2012 filed by Cleveland Crane & Shovel Sales, Inc.. (Bales, Stephen)
January 23, 2012 Filing 28 Notice to take Deposition of Three Deponents on February 8-9, 2012 filed by Cleveland Crane & Shovel Sales, Inc.. (Bales, Stephen)
January 6, 2012 Filing 27 Notice to take Deposition of Four Deponents on January 18, 19 and 20, 2012 filed by Cleveland Crane & Shovel Sales, Inc.. (Bales, Stephen)
December 13, 2011 Opinion or Order Filing 26 Marginal Entry Order signed by Judge James S. Gwin on 12/13/11 granting the motion for admission pro hac vice of Attorney Jordan M. Webster on behalf of plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #25 ) (M,G)
December 8, 2011 Filing 25 Motion for attorney Jordan M. Webster to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5066874, filed by Plaintiff Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Affidavit of Jordan M. Webster in Support of Motion, #2 Proposed Order)(Palmer, Timothy)
December 1, 2011 Opinion or Order Filing 24 Marginal Entry Order signed by Judge James S. Gwin on 12/1/11 granting the parties' joint motion to modify the assigned dispositive deadlines. Preliminary discovery due by 2/29/12, dispositive motions to be filed by 3/6/12, responses due 3/20/12 and replies due 3/27/12. (Related Doc. #22 ) (M,G)
December 1, 2011 Opinion or Order Filing 23 Marginal Entry Order signed by Judge James S. Gwin on 12/1/11 granting defendant's motion for an extension of the deadline to add parties and amend pleadings; deadline extended to 12/22/11. (Related Doc. #21 ) (M,G)
November 28, 2011 Filing 22 Joint Motion to modify Case Management Order filed by Plaintiff Caterpillar Financial Services Corporation, Defendant Cleveland Crane & Shovel Sales, Inc.. (Bales, Stephen) Modified text on 11/28/2011 (H,KR).
November 21, 2011 Filing 21 Motion to extend deadlines in the Case Management Order filed by Defendant Cleveland Crane & Shovel Sales, Inc.. (Bales, Stephen) Modified text on 11/22/2011 (H,KR).
November 15, 2011 Filing 20 Notice of Service of Subpoena filed by Cleveland Crane & Shovel Sales, Inc.. (Attachments: #1 Exhibit Subpoena to Cisco Equipment)(Bales, Stephen)
October 21, 2011 Opinion or Order Filing 19 Order signed by Judge James S. Gwin on 10/21/11 that plaintiff identify experts by 11/28/12 and defendant shall make expert identification by 12/19/11. (M,G)
October 21, 2011 Opinion or Order Filing 18 Case Management Conference Plan/Order signed by Judge James S. Gwin on 10/21/11. Case assigned to the Standard Track. Parties to be joined and pleadings amended by 11/22/11. Preliminary discovery to be completed by 1/30/12. Dispositive motions to be filed by 2/6/12 with responses due by 2/20/12 and replies by 2/27/12. All discovery to be completed by 5/21/12. Status conference set for 3/13/12 at 12:00 noon and final pretrial conference set for 6/12/12 at 12:00 noon, both in Chambers 18A (Cleveland). Jury trial is assigned on a two-week standby basis beginning 6/18/12 at 8:00 a.m., Courtroom 18A (Cleveland). (M,G) Modified on 10/24/2011 by replacing original to correct date of trial; regenerated NEF. (M,G)
October 21, 2011 Filing 17 Minutes of case management conference before Judge James S. Gwin on 10/18/11. (Court Reporter: none; Time: 30 min.) (M,G)
October 19, 2011 Filing 16 Notice of Service of Subpoenas filed by Cleveland Crane & Shovel Sales, Inc.. (Attachments: #1 Exhibit Subpoena to Atlantic Leasing, #2 Exhibit Subpoena to Zeiger Crane, #3 Exhibit Subpoena to People's United Finance, #4 Exhibit Subpoena to Wells Fargo Equipment)(Bales, Stephen)
October 14, 2011 Filing 15 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Caterpillar Financial Services Corporation. (Attachments: #1 Certification of Service)Related document(s) #8 .(Palmer, Timothy)
October 14, 2011 Opinion or Order Filing 14 Marginal Entry Order signed by Judge James S. Gwin on 10/14/11 granting plaintiff's motion for representative to attend the case management conference via telephone. Counsel shall bring to the conference a number at which the representative can be reached by telephone. (Related Doc. #13 ) (M,G)
October 7, 2011 Filing 13 Motion to excuse personal representative of Plaintiff from attending Case Management/Scheduling Conference in person filed by Plaintiff Caterpillar Financial Services Corporation. Related document(s) #12 , #8 . (Palmer, Timothy) Modified text on 10/11/2011 (H,KR).
September 21, 2011 Opinion or Order Filing 12 Marginal Entry Order signed by Judge James S. Gwin on 9/21/11 granting defendant's motion to continue the case management conference. Conference reset, per agreement of all counsel, to 10/18/11 at 4:00 p.m. (Related Doc. #11 ) (M,G)
September 21, 2011 Filing 11 Motion to continue Case Management Conference or alternatively allow counsel to participate by phone filed by Defendant Cleveland Crane & Shovel Sales, Inc.. Related document(s) #8 . (Bales, Stephen) Modified text on 9/21/2011 (H,KR).
August 30, 2011 Filing 10 Answer to Complaint with Jury Demand filed by Cleveland Crane & Shovel Sales, Inc.. (Bales, Stephen)
August 15, 2011 Filing 9 Entry of Appearance by Timothy P. Palmer filed on behalf of Caterpillar Financial Services Corporation. (Palmer, Timothy) Modified text on 8/15/2011 (H,KR).
August 10, 2011 Opinion or Order Filing 8 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 8/10/11 setting a conference for 10/13/11 at 10:30 a.m., Chambers 18A (Cleveland). (M,G)
August 9, 2011 Filing 7 Magistrate Consent Package issued on 8/9/11 on behalf of Judge James S. Gwin. (M,G)
August 5, 2011 Opinion or Order Filing 6 Marginal Entry Order signed by Judge James S. Gwin on 8/5/11 granting defendant's motion for an extension of time until 8/30/11 to file an answer to the complaint. (Related Doc. #4 ) (M,G)
August 5, 2011 Filing 5 Magistrate Consent Form issued. (K,K)
August 5, 2011 Filing 4 Motion for enlargement of time until August 30, 2011 to answer Complaint filed by Plaintiff Cleveland Crane & Shovel Sales, Inc.. (Bales, Stephen) Modified text on 8/5/2011 (H,KR).
August 5, 2011 Filing 3 Corporate Disclosure Statement filed by Cleveland Crane & Shovel Sales, Inc.. (Bales, Stephen)
August 5, 2011 Filing 2 Civil Cover Sheet filed by Cleveland Crane & Shovel Sales, Inc. Related document #1 . (Bales, Stephen) Modified text on 8/5/2011 (H,KR).
August 5, 2011 Filing 1 Notice of Removal from Cuyahoga County Common Pleas, case number CV 11-758920 Filing fee $ 350, receipt number 0647-4848730.. Filed by Cleveland Crane & Shovel Sales, Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Electronic Docket Sheet) (Bales, Stephen)
August 5, 2011 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kenneth S. McHargh. (K,K)
August 5, 2011 Judge James S. Gwin assigned to case. (K,K)

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Plaintiff: Caterpillar Financial Services Corporation
Represented By: Jordan M. Webster
Represented By: Timothy P. Palmer
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Defendant: Cleveland Crane & Shovel Sales, Inc.
Represented By: John E. Redeker
Represented By: Stephen M. Bales
Represented By: Nicholas C. De Santis, III
Represented By: Shelly R. LaSalvia
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