CATERPILLAR FINANCIAL SERVICES CORPORATION v. PENN DEVELOPMENT SERVICES, LP et al
| CATERPILLAR FINANCIAL SERVICES CORPORATION |
| GERALD R. SOLOMON, JAN R. KIKTA, PENN TRANSPORTATION SERVICES, INC, PENN DEVELOPMENT SERVICES, LP and GARY M. PRODEN |
| 2:2011cv01368 |
| October 27, 2011 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Fayette |
| Maureen P Kelly |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 16, 2012. A more recent docket listing may be available from PACER.
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Filing 37
ORDER approving #36 Stipulation of Dismissal as to Defendants Gerald R. Solomon and Gary M. Proden with prejudice and without costs. Signed by Magistrate Judge Maureen P. Kelly on 7/13/2012. (dgg)
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| Filing 36 STIPULATION of Dismissal with Prejudice and Without Costs as to Defendants Gerald R. Solomon and Gary M. Proden by CATERPILLAR FINANCIAL SERVICES CORPORATION. (Meriwether, Nicholas) |
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Filing 35
ORDER granting #33 Joint Motion Regarding Alternative Dispute Resolution (ADR) filed by Caterpillar Financial Services Corporation, ("Plaintiff"), defendant Gerald R. Solomon ("Solomon") and defendant Gary M. Proden ("Proden together with Plaintiff and Solomon, the "Movants"), to the extent a settlement or another disposition is not reached prior thereto, Movants shall participate in Court-sponsored non-binding arbitration during the first two weeks of September of 2012, with a Court-sponsored arbitrator to be selected by the parties forthwith. On or before 6/29/2012, the parties shall agree upon an arbitrator and schedule an arbitration to take place during the first two weeks of September 2012. Counsel for plaintiff is directed to file a notice on or before 7/2/2012 as to the name of the arbitrator and date of the arbitration. Signed by Magistrate Judge Maureen P. Kelly on 6/13/2012. (dgg)
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Filing 34
ORDER granting #32 Motion to Withdraw as Attorney for Gerald R. Solomon. Attorney George T. Snyder terminated. Signed by Magistrate Judge Maureen P. Kelly on 6/13/2012. (dgg)
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| Filing 33 Joint MOTION regarding Alternative Dispute Resolution (ADR) by CATERPILLAR FINANCIAL SERVICES CORPORATION, GARY M. PRODEN, GERALD R. SOLOMON. (Attachments: #1 Proposed Order) (Meriwether, Nicholas) |
| Filing 32 MOTION to Withdraw as Attorney by GERALD R. SOLOMON. (Attachments: #1 Proposed Order) (Snyder, George) |
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ORDER that Post-Discovery Status Conference set for 8/22/2012 at 08:30 AM before Magistrate Judge Maureen P. Kelly. Signed by Magistrate Judge Maureen P. Kelly on 6/1/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dgg)
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Filing 31
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 6/6/2012. Amended Pleadings & Joinder of Parties due by 6/22/2012. Discovery due by 8/16/2012. Parties to complete the ADR process they selected by a date to be determined by the filing of a joint motion by 6/12/2012. The Court will conduct a post-discovery status/settlement conference at a date to be set by the Court. Signed by Magistrate Judge Maureen P. Kelly on 5/24/2012. (dgg)
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| Filing 30 Minute Entry for Initial Case Management Conference held before Magistrate Judge Maureen P. Kelly on 5/24/2012. OUTCOME: Reviewed the nature of claims against Mr. Solomon and Mr. Proden. The parties provided the Court with detailed facts and context. 2. Discovery to close 8/16/2012. A separate scheduling order will issue. 3. The parties agreed to substantial informal discovery. The Court directed Plaintiff to prepare a chart relative to the commercial reasonableness of the same prices of the equipment at issue. Said chart is to include: a description of each piece of equipment along with serial number, the appraised value, the "green book" value, the sale price, the date sold, name of the third party/broker who sold the equipment and the name of the purchaser. Plaintiff is to produce relevant supporting documentation. This chart and documentation is to be produced as soon as practicable to counsel for Defendants. 4. In light of the question of the commercial reasonableness of the sale prices, the Court will entertain a motion to differ ADR. 5. Following consultation with Plaintiff, on or before 6/12/2012, counsel for Plaintiff will draft, circulate and file a joint motion to assign case for ADR immediately or a joint motion to defer ADR until a set date during the first two weeks in September. The Court discussed with all parties the identity of a possible mediator/facilitator. (Court Reporter: none) (dgg) |
| Filing 29 CONSENT to Trial/Jurisdiction by US Magistrate Judge by CATERPILLAR FINANCIAL SERVICES CORPORATION, GARY M. PRODEN, GERALD R. SOLOMON. (Meriwether, Nicholas) |
| Filing 28 STIPULATION selecting ADR process by CATERPILLAR FINANCIAL SERVICES CORPORATION, GARY M. PRODEN, GERALD R. SOLOMON (Meriwether, Nicholas) |
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ORDER - Counsel is reminded that they still owe the Court the ADR Stipulation and consent forms, available on the Court Website. These documents were due by 5/17/2012 and have yet to be filed. Counsel is advised they must be filed today. Signed by Magistrate Judge Maureen P. Kelly on 5/23/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dgg)
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| Filing 27 REPORT of Rule 26(f) Planning Meeting. (Meriwether, Nicholas) |
| INITIAL LOCAL RULE 16.1 SCHEDULING CONFERENCE: Case Management Conference set for 5/24/2012 at 02:00 PM before Magistrate Judge Maureen P. Kelly. Rule 26 Meeting Report, ADR Stipulation, and election form, available on the Court's Website, either electing to have a district judge assigned or consenting to have a U.S. Magistrate Judge assigned to case, due by 5/17/2012. Signed by Magistrate Judge Maureen P. Kelly on 4/17/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dgg) |
| Filing 26 ANSWER to #1 Complaint, and Affirmative Defenses by GARY M. PRODEN. (Zamosky, Arthur) |
| Filing 25 ANSWER to #1 Complaint, by GERALD R. SOLOMON. (Snyder, George) |
| Update Answer Deadline: Answer due 4/3/2012. (dgg) |
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Filing 24
ORDER approving stipulation to set aside default judgments as to Gary M. Proden and Gerald R. Solomon. Defendants' responses to Complaint are due by 4/3/2012. Signed by Magistrate Judge Maureen P. Kelly on 3/12/2012. (dgg) Modified on 3/13/2012 to correct typo. (ksa)
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Filing 23
ORDER OF RECUSAL. Signed by Chief Judge Gary L. Lancaster on 2/13/12. (map)
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| Magistrate Judge Maureen P. Kelly presiding. (mjl) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #21 Motion Stipulation to set aside default judgments. ERROR: Wrong event selected. CORRECTION: Re-docketed as Stipulation. This message is for informational purposes only. (ksa) Modified on 2/17/2012. (tt) |
| Filing 22 STIPULATION to Set Aside Default Judgments re #18 Clerk's Entry of Judgment, #17 Clerk's Entry of Judgment by CATERPILLAR FINANCIAL SERVICES CORPORATION, GARY M. PRODEN, GERALD R. SOLOMON. "Document previously filed electronically." (ksa) |
| Filing 21 MOTION Stipulation of Plaintiff, Gary M. Proden and Gerald R. Solomon to Set Aside Default Judgments in the Matter by GARY M. PRODEN. (Zamosky, Arthur) Modified on 2/9/2012 ERROR: Wrong event selected. Document removed from public view and redocketed. (ksa) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #20 Motion to Set Aside Judgment. ERROR: Incorrect filer selected. CORRECTION: Correct filer GARY M. PRODEN properly linked to Motion. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE re #20 Motion to Set Aside Judgment. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa) |
| Filing 20 MOTION to Set Aside Judgment against Gary M. Proden re #18 Clerk's Entry of Judgment by GARY M. PRODEN. (Attachments: #1 Exhibit, #2 Proposed Order) (Zamosky, Arthur) Modified on 2/3/2012 filers modified. (ksa) Modified on 2/3/2012 document linkage corrected. Document linked to document #18 . (ksa) |
| Filing 19 CLERK'S ENTRY OF DEFAULT JUDGMENT in favor of CATERPILLAR FINANCIAL SERVICES CORPORATION against JAN R. KIKTA in the amount of $2,253,798.88. (ksa) |
| Filing 18 CLERK'S ENTRY OF DEFAULT JUDGMENT in favor of CATERPILLAR FINANCIAL SERVICES CORPORATION against GARY M. PRODEN in the amount of $2,253,798.88. (ksa) Default Judgment SET ASIDE by #24 Order of 3/12/2012. Modified on 3/15/2012. (tt) |
| Filing 17 CLERK'S ENTRY OF DEFAULT JUDGMENT in favor of CATERPILLAR FINANCIAL SERVICES CORPORATION against GERALD R. SOLOMON in the amount of $2,253,798.88. (ksa) Default Judgment SET ASIDE by #24 Order of 3/12/2012. Modified on 3/15/2012. (tt) |
| Filing 16 CLERK'S ENTRY OF DEFAULT JUDGMENT in favor of CATERPILLAR FINANCIAL SERVICES CORPORATION against PENN TRANSPORTATION SERVICES, INC in the amount of $2,759,054.51. (ksa) |
| Filing 15 CLERK'S ENTRY OF DEFAULT JUDGMENT in favor of CATERPILLAR FINANCIAL SERVICES CORPORATION against PENN DEVELOPMENT SERVICES, LP in the amount of $2,759,054.51. (ksa) |
| Filing 14 CERTIFICATE OF SERVICE by CATERPILLAR FINANCIAL SERVICES CORPORATION re #13 Request for Default Judgment. (Meriwether, Nicholas) |
| Filing 13 REQUEST by CATERPILLAR FINANCIAL SERVICES CORPORATION for entry of DEFAULT JUDGMENT against All Defendants. (Attachments: #1 Affidavit, #2 Proposed Default Judgment - Penn Development Services, LP, #3 Proposed Default Judgment - Penn Transportation Services, Inc., #4 Proposed Default Judgment - Gerald R. Solomon, #5 Proposed Default Judgment - Gary M. Proden, #6 Proposed Default Judgment - Jan R. Kikta) (Meriwether, Nicholas) |
| Filing 12 CLERK'S ENTRY OF DEFAULT as to JAN R. KIKTA, PENN DEVELOPMENT SERVICES, LP, PENN TRANSPORTATION SERVICES, INC, GARY M. PRODEN, GERALD R. SOLOMON. (ksa) |
| Filing 11 CERTIFICATE OF SERVICE by CATERPILLAR FINANCIAL SERVICES CORPORATION re #10 Request for Default . (Meriwether, Nicholas) |
| Filing 10 REQUEST by CATERPILLAR FINANCIAL SERVICES CORPORATION for entry of DEFAULT against All Defendants. (Attachments: #1 Affidavit, #2 Proposed Order) (Meriwether, Nicholas) |
| Filing 9 Stipulation for Extension of Time to Answer by CATERPILLAR FINANCIAL SERVICES CORPORATION. Answer due from All Defendants on 1/3/2012. (Meriwether, Nicholas) Modified on 11/29/2011 to indicate date answer is due. (ksa) |
| Update Answer Deadline: Answer from all defendants due 1/3/2012. (map) |
| Filing 8 Disclosure Statement identifying Caterpillar, Inc. as corporate parent or other affiliate, by CATERPILLAR FINANCIAL SERVICES CORPORATION. (Meriwether, Nicholas) |
| Filing 7 SUMMONS/Return of Service Returned Executed by CATERPILLAR FINANCIAL SERVICES CORPORATION. PENN DEVELOPMENT SERVICES, LP served on 10/28/2011, answer due 11/18/2011. (Meriwether, Nicholas) |
| Filing 6 SUMMONS/Return of Service Returned Executed by CATERPILLAR FINANCIAL SERVICES CORPORATION. PENN TRANSPORTATION SERVICES, INC served on 10/28/2011, answer due 11/18/2011. (Meriwether, Nicholas) |
| Filing 5 SUMMONS/Return of Service Returned Executed by CATERPILLAR FINANCIAL SERVICES CORPORATION. GERALD R. SOLOMON served on 10/28/2011, answer due 11/18/2011. (Meriwether, Nicholas) |
| Filing 4 SUMMONS/Return of Service Returned Executed by CATERPILLAR FINANCIAL SERVICES CORPORATION. JAN R. KIKTA served on 10/28/2011, answer due 11/18/2011. (Meriwether, Nicholas) |
| Filing 3 SUMMONS/Return of Service Returned Executed by CATERPILLAR FINANCIAL SERVICES CORPORATION. GARY M. PRODEN served on 10/28/2011, answer due 11/18/2011. (Meriwether, Nicholas) |
| Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (map) |
| Filing 1 COMPLAINT against JAN R. KIKTA, PENN DEVELOPMENT SERVICES, LP, PENN TRANSPORTATION SERVICES, INC, GARY M. PRODEN, GERALD R. SOLOMON (Filing fee $350, receipt number 0315-2138669), filed by CATERPILLAR FINANCIAL SERVICES CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Summons for Penn Development Services, LP, #13 Summons for Penn Transportation Services, Inc, #14 Summons for Gerald R. Solomon, #15 Summons for Gary M. Proden, #16 Summons for Jan R. Kikta) (ksa) |
| Summons Issued as to *JAN R. KIKTA, PENN DEVELOPMENT SERVICES, LP, PENN TRANSPORTATION SERVICES, INC, GARY M. PRODEN, GERALD R. SOLOMON* (ksa) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 11/3/2011. (ksa) |
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