Caterpillar Financial Services Corporation v. Lakeside Marine, Inc. et al
| Caterpillar Financial Services Corporation |
| Lakeside Marine, Inc., Lakeside Marine Group, Lowell Joy, Lakeside Marine Boat Sales, LLC and Elaine Joy |
| 3:2010cv01820 |
| August 18, 2010 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Ottawa |
| Jack Zouhary |
| Negotiable Instrument |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 24
Order Staying Case. Further proceedings are hereby stayed and the case is considered CLOSED, subject to reopening upon timely motion, filed by Plaintiff or other party, after either a dismissal of the bankruptcy action or the granting of relief from the stay. Judge Jack Zouhary on 6/2/11. (C,D)
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| Filing 23 Notice of Filing Bankruptcy filed by Elaine Joy, Lowell Joy. (Attachments: #1 Exhibit)(Hubbell, Bradley) Modified on 5/23/2011 (M,L). |
| Filing 22 Minute Order of Status Conference held on 05/03/11 Time: 45 minutes - At request of counsel, settlement conference set for 5/4/11 was vacated and re-set for a telephone status conference set for 5/24/2011 at 02:00 PM before Magistrate Judge Vernelis K. Armstrong. The Court will initiate this call. Magistrate Judge Vernelis K. Armstrong on 05/03/11. (L,JA) |
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Order (non-document) referring case to Magistrate Judge Vernelis K. Armstrong for Settlement. Judge Jack Zouhary on 4/29/11. (C,D)
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| NOTICE. [non-document] At the request of parties, the Status Conference set for 5/4/11 at 10:00 AM will now be a Settlement Conference before Magistrate Judge Vernelis Armstrong in Chambers 222. Lead counsel and client attendance required. Ex parte statements due 4/29/11. (S,Na) |
| Notice [non-document] of Status Conference to set further scheduling dates set for 5/4/2011 at 10:00 AM in Chambers 203 before Judge Jack Zouhary. (C,D) |
| Minutes of proceedings [non-document] before Judge Jack Zouhary.Telephone Conference held on 3/30/11. Counsel to file Stipulated Judgment Entry or schedule a further conference with the Court by 4/8/11. (15 min) (S,Na) |
| Minutes of proceedings[non-document] before Judge Jack Zouhary.Telephone Conference held on 3/29/11. Further Telephone Conference set for 3/30/11 at 4:00 PM. The Court will initiate the call. (15 min) (S,Na) |
| Filing 21 CASE MANAGEMENT CONFERENCE ORDER. CMC held on 3/22/11. Case is assigned to the standard track. Further Status Phone Conference set for 3/29/11 at 3:00 PM before Judge Jack Zouhary. Counsel shall be prepared to advise re the status of settlement talks. (30 min) Judge Jack Zouhary on 3/23/11. (S,Na) |
| Filing 20 Default Judgment in favor of Caterpillar Financial Services Corporation against Lakeside Marine Boat Sales, LLC, Lakeside Marine, Inc. Judge Jack Zouhary on 3/21/11. (C,D) |
| Filing 19 Initial Disclosures filed by Elaine Joy, Lowell Joy. (Hubbell, Bradley) |
| Filing 18 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Caterpillar Financial Services Corporation, Elaine Joy, Lowell Joy. (Smith-Rivera, Kimberly) |
| Notice [non-document] of Case Management Conference. The CMC previously set for 3/23/11 at 2:00 PM has been reset due to a scheduling conflict. The case management conference will now be held on 3/22/2011 at 03:00 PM at Chambers 203 before Judge Jack Zouhary. Attorneys shall be present in person; parties shall be available by phone. (C,D) |
| Notice [non-document]. Case Management Conference set for 3/18/11 is vacated and reset for 3/23/11 at 2:00 PM at Chambers 203 before Judge Jack Zouhary. Attorneys shall be present in person; parties shall be available by phone. (S,Na) |
| Filing 17 Proposed Order granting Motion for Default Judgment filed by Caterpillar Financial Services Corporation. Related document(s) #14 . (Smith-Rivera, Kimberly) |
| Filing 16 Case Management Conference Scheduling notice with case management conference to be held on 3/18/2011 at 02:30 PM at Courtroom 209 before Judge Jack Zouhary. Counsel and parties to attend. If settlement discussions would be helpful at this stage of the case, please notify Chambers (419-213-5675) so that additional time can be set aside. (C,D) |
| Filing 15 Marginal Entry Order granting Motion for default judgment (Related Doc #14 ). Counsel are to submit proposed order on or before 2/28/11. Judge Jack Zouhary on 2/23/11.(C,D) |
| Filing 14 Motion for default judgment filed by Plaintiff Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit 1 - Affidavit of Plaintiff, #2 Exhibit 2 - Affidavit of Attorney Fees)(Smith-Rivera, Kimberly) |
| Filing 13 Default Entered on 12/13/2010 against Lakeside Marine Inc. a/k/a Lakeside Marine Group and Lakeside Boat Sales, LLC. Geri M. Smith, Clerk by DeAnna Cox, Deputy Clerk. (C,D) |
| Filing 12 Motion for entry of default filed by Plaintiff Caterpillar Financial Services Corporation. (Smith-Rivera, Kimberly) |
| Filing 11 Answer to #1 Complaint, for breach of fiduciary duty, conversion, fraud and constructive trust filed by Elaine Joy, Lowell Joy. (Hubbell, Bradley) Modified on 10/12/2010 (M,L). |
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Filing 10
Order granting #9 Motion for Extension of Time to Answer: Elaine Joy, Lowell Joy, Lakeside Marine Boat Sales, LLC and Lakeside Marine, Inc., answers due 10/7/2010. Judge Jack Zouhary on 9/10/2010.(C,D)
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| Filing 9 Motion for extension of time until October 7, 2010 to answer complaint filed by Elaine Joy, Lowell Joy, Lakeside Marine Boat Sales, LLC, Lakeside Marine, Inc.. (Attachments: #1 Proposed Order)(Hubbell, Bradley) Modified on 9/10/2010 (B,TM). |
| Filing 8 Return of Service by certified mail executed upon Lakeside Marine Boat Sales, LLC on 8/23/2010, filed on behalf of Caterpillar Financial Services Corporation. Related document(s) #4 , #1 . (B,TM) |
| Filing 7 Return of Service by certified mail executed upon Elaine Joy on 8/23/2010, filed on behalf of Caterpillar Financial Services Corporation. Related document(s) #4 , #1 . (B,TM) |
| Filing 6 Return of Service by certified mail executed upon Lowell Joy on 8/23/2010, filed on behalf of Caterpillar Financial Services Corporation. Related document(s) #4 , #1 . (B,TM) |
| Filing 5 Return of Service by certified mail executed upon Lakeside Marine, Inc., aka Lakeside Marine Group c/o Lowell Joy on 8/23/2010, filed on behalf of Caterpillar Financial Services Corporation. Related document(s) #4 , #1 . (B,TM) |
| Filing 4 Original Summons and Magistrate Consent Form issued for service upon Elaine Joy, Lowell Joy, Lakeside Marine Boat Sales, LLC, Lakeside Marine, Inc. (Attachment: #1 Magistrate Consent Form). (M,C) |
| Filing 3 Exhibit(s) to Complaint filed by Caterpillar Financial Services Corporation. Related document(s) #1 . (Attachments: #1 Exhibit A - Loan Agreement, #2 Exhibit B - Wholesale Floor Plan Security Agreement, #3 Exhibit C - Guaranty - Lowell Joy, #4 Exhibit D - Guaranty - Elaine Joy, #5 Exhibit E - Guaranty - Lakeside Marine Boat Sales, LLC, #6 Exhibit F - July 8, 2010 Letter from Caterpillar to Lakeside)(Smith-Rivera, Kimberly) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Caterpillar, Inc. for Caterpillar Financial Services Corporation filed by Caterpillar Financial Services Corporation. (Smith-Rivera, Kimberly) |
| Filing 1 Complaint for Breach of Contract, Breach of Fiduciary Duty, Conversion, Fraud and Constructive Trust against All Defendants. Filing fee paid $350, Receipt number 0647-4241786. Filed by Caterpillar Financial Services Corporation. (Attachments: #1 Civil Cover Sheet, #2 Summons to Lakeside Marine, Inc., #3 Summons to Lowell Joy, #4 Summons to Elaine Joy, #5 Summons to Lakeside Marine Boat Sales, LLC) (Smith-Rivera, Kimberly). Modified on 8/18/2010 (M,C). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Armstrong. (M,C) |
| Judge Jack Zouhary assigned to case. (M,C) |
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