Mitsubishi Motors Credit of America Inc v. Suzuki Outlet of Myrtle Beach SC LLC et al
Mitsubishi Motors Credit of America Inc |
Suzuki Outlet of Myrtle Beach SC LLC doing business as Myrtle Beach Mitsubishi and Alexander Barletta |
Mitsubishi Motors North America Inc |
4:2008cv03393 |
October 6, 2008 |
US District Court for the District of South Carolina |
Contract: Other Office |
Horry |
Terry L Wooten |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Defendant |
Docket Report
This docket was last retrieved on September 20, 2010. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 99 JUDGMENT - This action is hereby dismissed in its entirety. (prou, ) |
Filing 98 ORDER granting #92 Motion for Judgment on Partial Findings; granting #94 Motion to Dismiss. Signed by Honorable Terry L Wooten on 9/17/2010. (hcic) |
Filing 95 STIPULATION of Dismissal Without Prejudice as to Suzuki Outlet of Myrtle Beach SC LLC by Mitsubishi Motors Credit of America Inc, Alexander Barletta. (Foster, John) Modified on 8/23/2010 to add filer listed on document and to edit text (prou, ). |
Filing 94 Joint MOTION to Dismiss With Prejudice by Alexander Barletta, Mitsubishi Motors Credit of America Inc. Response to Motion due by 9/2/2010 Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Thomas E Rogers, III.(Foster, John) |
Filing 93 NOTICE of Cancellation of Hearing: Pretrial Conference scheduled for 8/17/2010 at 9:30 AM and Jury Selection scheduled for 8/30/2010 at 9:30 AM have been cancelled. (prou, ) |
Filing 92 MOTION for Judgment on Partial Findings Motion for Entry of Final Judgment of Dismissal of Third Party Complaint by Mitsubishi Motors North America Inc. Response to Motion due by 8/30/2010 No proposed orderMotions referred to Thomas E Rogers, III.(McKelvey, Steven) |
Filing 91 NOTICE of Hearing: Jury Selection set for 8/30/2010 09:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable Terry L Wooten. Pretrial Conference set for 8/17/2010 09:30 AM in Florence #2, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable Terry L Wooten. (prou, ) |
Filing 89 TEXT ORDER granting #88 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas E Rogers, III on 6/18/2010.(prou, ) |
Filing 88 MOTION to Withdraw as Attorney (Motion To Allow Andrew C. Brandon To Withdraw As Counsel Of Record For Plaintiff And Plaintiffs Certificate Of Consent To Such Withdrawal) by Mitsubishi Motors Credit of America Inc. Response to Motion due by 6/24/2010 No proposed orderMotions referred to Thomas E Rogers, III.(Foster, John) |
Filing 87 ORDER granting #86 Motion to Appear Pro Hac Vice for Burleigh L. Singleton Signed by Honorable Terry L Wooten on 5/18/2010.(prou, ) |
Filing 86 MOTION to Appear Pro Hac Vice by Burleigh L. Singleton ( Filing fee $ 250 receipt number 0420-2700586) by Mitsubishi Motors Credit of America Inc. Response to Motion due by 5/20/2010 (Attachments: #1 Exhibit Present and Previous Pro Hac Vice In This Court, #2 Exhibit Certificate of Good Standing)No proposed order(Foster, John) |
Filing 85 ORDER granting #80 Motion to Appear Pro Hac Vice for Andrew C Brandon Signed by Honorable Terry L Wooten on 4/29/2010.(prou, ) |
Filing 84 Additional Attachments to Main Document #80 MOTION to Appear Pro Hac Vice by Andrew C. Brandon ( Filing fee $ 250 receipt number 0420-2683951) Certificate of Good Standing for Andrew C. Brandon. (Foster, John) |
Filing 83 DELETION OF DOCKET ENTRY NUMBER 81 Reason: Duplicative filing of document #80 . (prou, ) |
Filing 80 MOTION to Appear Pro Hac Vice by Andrew C. Brandon ( Filing fee $ 250 receipt number 0420-2683951) by Mitsubishi Motors Credit of America Inc. Response to Motion due by 5/11/2010 No proposed order(Foster, John) Modified on 4/29/2010; see document #84 for additional attachment (prou, ). |
Filing 79 TEXT ORDER granting #77 Motion for Extension of Time Signed by Magistrate Judge Thomas E Rogers, III on 4/5/2010.(prou, ) |
Filing 78 AMENDED CONFERENCE AND SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 4/16/2010, Defendants ID of Expert Witnesses Due by 5/3/2010, Records Custodian Affidavit due by 6/14/2010, Discovery due by 5/3/2010, Motions due by 5/17/2010, Rule 26(a)(3) Disclosures due by 6/14/2010, Jury Selection Deadline 7/19/2010, ADR Statement due by 5/17/2010, Mediation Due by 6/14/2010. Motions in limine must be filed at least one week prior to date of trial. Parties shall furnish the Court pretrial briefs ten (10) business days prior to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on 4/5/2010. (prou, ) |
Filing 77 Joint MOTION for Extension of Time of Certain Deadlines in the August 10, 2009 Conference and Scheduling Order by Alexander Barletta, Mitsubishi Motors Credit of America Inc. Response to Motion due by 3/26/2010 Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Thomas E Rogers, III.(Foster, John) |
Filing 76 REPLY by Mitsubishi Motors North America Inc to #69 Amended Answer to Complaint, Third Party Complaint, Counterclaim; Modified on 3/8/2010 to correct event type. (prou, ) |
Filing 75 MMCA's ANSWER to Counterclaim #69 of Defendant Alexander Barletta by Mitsubishi Motors Credit of America Inc.(Foster, John) |
Filing 73 ADR STATEMENT/CERTIFICATION by Mitsubishi Motors Credit of America Inc(Foster, John) |
Filing 72 ADR STATEMENT/CERTIFICATION by Alexander Barletta(Boan, Jason) |
Filing 70 ORDER denying #49 Motion to Dismiss Defendants' counterclaims; granting #52 Motion to Dismiss Third Party Complaint Signed by Honorable Terry L Wooten on 2/23/2010.(prou, ) |
Filing 69 AMENDED ANSWER to #1 Complaint, COUNTERCLAIM, AND THIRD PARTY COMPLAINT against Mitsubishi Motors Credit of America Inc by Alexander Barletta. (prou, ) |
Filing 68 ORDER granting #54 Motion to Amend/Correct Signed by Magistrate Judge Thomas E Rogers, III on 2/16/2010.(prou, ) |
Filing 67 NOTICE of Cancellation of Hearing: Telephone Motion Hearing set for 02/16/10 at 10:30 AM before Judge Thomas E Rogers, III, HAS BEEN CANCELLED. (sste ) |
Filing 66 NOTICE of Telephone Conference Hearing on #54 MOTION to Amend/Correct #28 Answer to Complaint, Third Party Complaint, Counterclaim: Telephone Conference Motion Hearing set for 2/16/2010 10:30 AM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before Magistrate Judge Thomas E Rogers III. Attorney Jason Preston Boan should initiate the call and have all parties on the line before calling the Court at (843) 676-3820.(prou, ) |
Filing 65 ORDER re #20 MOTION for Release of Bond Obligation filed by Mitsubishi Motors Credit of America Inc. The plaintiff's obligation to maintain Fidelity and Deposit Company of Maryland Surety Bond Number 889734, a copy of which has been entered into the record at Docket Entry #10, has expired. The plaintiffs are now free to cancel Surety Bond Number 889734. (Doc. #10). Signed by Honorable Terry L Wooten on 11/25/09. (swel, ) |
Filing 64 Minute Entry. Proceedings held before Honorable Terry L Wooten: granting #20 Motion for Release of Bond Obligation; Status Conference via telephone conference held on 11/19/2009. Court Reporter Raymond D. Simmons. (amil, ) |
Filing 63 NOTICE of Hearing: Telephone Status Conference re #20 MOTION for Release of Bond Obligation set for 11/19/2009 10:15 AM in Florence #2, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable Terry L Wooten. All parties must be on the line before calling 843-676-3820. This status conference is scheduled for approximately 10 minutes.(prou, ) |
Filing 61 REPLY to Barletta's Response to Motion re #52 MOTION to Dismiss Third Party Complaint Response filed by Mitsubishi Motors North America Inc; Modified on 9/1/2009 to correct event type. (prou, ) |
Filing 60 RESPONSE in Opposition re #54 MOTION to Amend/Correct #28 Answer to Complaint, Third Party Complaint, Counterclaim. Response filed by Mitsubishi Motors North America Inc. Reply to Response to Motion due by 9/3/2009 (McKelvey, Steven) Modified on 8/25/2009 to remove duplicative text (prou, ). |
Filing 59 RESPONSE in Opposition re #54 MOTION to Amend/Correct #28 Answer to Complaint, Third Party Complaint, Counterclaim. Response filed by Mitsubishi Motors Credit of America Inc. Reply to Response to Motion due by 9/3/2009 (Foster, John) Modified on 8/25/2009 to remove duplicative text (prou, ). |
Filing 57 ORDER granting #50 Motion to Appear Pro Hac Vice Signed by Honorable Terry L Wooten on 8/21/2009.(prou, ) |
Filing 56 RESPONSE in Opposition re #52 MOTION to Dismiss Third Party Complaint Response filed by Alexander Barletta.Reply to Response to Motion due by 8/31/2009 (Boan, Jason) |
Filing 55 REPLY to Response to Motion re #49 MOTION to Dismiss. Response filed by Mitsubishi Motors Credit of America Inc; Modified on 8/17/2009 to correct event type. (prou, ) |
Filing 54 MOTION to Amend/Correct #28 Answer to Complaint, Third Party Complaint, Counterclaim, by Alexander Barletta. Response to Motion due by 8/24/2009 (Attachments: #1 Exhibit A - Amended Answer, Counterclaim, and Third Party Complaint of Alexander Bartlett) No proposed order. Motions referred to Thomas E Rogers, III.(Boan, Jason) Modified on 8/5/2009 to add description to exhibit and to remove proposed order (prou, ). |
Filing 53 RESPONSE in Opposition re #49 MOTION to Dismiss and Memorandum Response filed by Alexander Barletta.Reply to Response to Motion due by 8/14/2009 (Boan, Jason) |
Filing 52 MOTION to Dismiss Third Party Complaint by Mitsubishi Motors North America Inc. Response to Motion due by 8/21/2009 (Attachments: #1 Memo in Support)No proposed orderMotions referred to Thomas E Rogers, III.(McKelvey, Steven) |
Filing 50 MOTION to Appear Pro Hac Vice by Charles Everett Boyd, Jr. ( Filing fee $ 250 receipt number 04200000000002207375) by Mitsubishi Motors North America Inc. Response to Motion due by 8/10/2009 (Attachments: #1 Affidavit Application for Pro Hac Vice Admission)Proposed order is being emailed to chambers with copy to opposing counsel(McKelvey, Steven) |
Filing 49 MOTION to Dismiss by Mitsubishi Motors Credit of America Inc. Response to Motion due by 8/3/2009 (Attachments: #1 Memo in Support of Mitsubishi Motors Credit of America, Inc.'s Motion to Dismiss)No proposed orderMotions referred to Thomas E Rogers, III.(Foster, John) |
Filing 47 SCHEDULING ORDER : Amended Pleadings due by 8/3/2009, Plaintiffs ID of Expert Witness due by 8/31/2009, Defendants ID of Expert Witnesses Due by 9/30/2009, Records Custodian Affidavit due by 4/2/2010, Discovery due by 2/17/2010, Motions in limine must be filed at least one week prior to date of trial, Motions due by 3/4/2010, Rule 26(a)(3) Disclosures due by 4/2/2010, Jury Selection Deadline 5/3/2010, ADR Statement due by 3/4/2010, Mediation Due by 4/2/2010, Parties shall furnish the Court pretrial briefs ten (10) business days prior to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on 7/10/09. (swel, ) |
Filing 46 TEXT ORDER granting #45 Motion for Extension of Time to Answer Signed by Magistrate Judge Thomas E Rogers, III on 7/10/09.(swel, ) |
Filing 45 Consent MOTION for Extension of Time to File Answer Alexander Barletta's Third Party Complaint by Mitsubishi Motors North America Inc, Alexander Barletta. Response to Motion due by 7/27/2009 Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Thomas E Rogers, III.(McKelvey, Steven) Modified on 7/10/2009 to add filer listed on document (prou, ). |
Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion held on October 7, 2008, before Judge Terry L. Wooten. Court Reporter/Transcriber Vince Rolland, Telephone number 843.615.1654. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 7/29/2009. Redacted Transcript Deadline set for 8/10/2009. Release of Transcript Restriction set for 10/6/2009. (vrol, ) |
Filing 43 SUMMONS Returned Executed by Alexander Barletta. Mitsubishi Motors North America Inc served on 6/22/2009, answer due 7/13/2009. (Boan, Jason) |
Filing 41 Rule 26(f) Report by Mitsubishi Motors Credit of America Inc, Alexander Barletta.(Foster, John) |
Filing 40 TEXT ORDER granting #37 Motion for Extension of Time. Signed by Magistrate Judge Thomas E Rogers, III on 6/25/09.(swel, ) |
Filing 38 ORDER REFERRING CASE to Magistrate Judge Thomas E Rogers, III FOR FULL PRE TRIAL, NON DISPOSITIVE MOTIONS. Signed by Honorable Terry L Wooten on 6/25/2009. Motions referred to Thomas E Rogers, III.(prou, ) |
Filing 37 Consent MOTION for Extension of Time To Answer or Otherwise Respond to Alexander Barletta's Counterclaim by Mitsubishi Motors Credit of America Inc. Response to Motion due by 7/13/2009 Proposed order is being emailed to chambers with copy to opposing counsel(Foster, John) |
Filing 36 REPLY to Response to Motion re #20 MOTION for Release of Bond Obligation Response filed by Mitsubishi Motors Credit of America Inc. (Foster, John) |
Filing 35 Third Party Summons Issued as to Mitsubishi Motors North America, Inc. (swel, ) |
Filing 34 ***DOCUMENT MAILED #33 Scheduling Order, placed in U.S. Mail to Suzuki Outlet of Myrtle Beach SC LLC 431 Hospitality Lane Myrtle Beach, SC 29579 doing business as Myrtle Beach Mitsubishi (swel, ) |
Filing 33 SCHEDULING ORDER : Rule 26(f) Conference Deadline 6/23/2009, 26(a) Initial Disclosures due by 7/7/2009, Rule 26 Report due by 7/7/2009, Amended Pleadings due by 8/3/2009, Plaintiffs ID of Expert Witness due by 8/31/2009, Defendants ID of Expert Witnesses Due by 9/30/2009, Records Custodian Affidavit due by 4/2/2010, Discovery due by 2/17/2010, Motions in limine must be filed at least one week prior to date of trial, Motions due by 3/4/2010, Rule 26(a)(3) Disclosures due by 4/2/2010, Jury Selection Deadline 5/3/2010, ADR Statement due by 3/4/2010, Mediation Due by 4/2/2010, Parties shall furnish the Court pretrial briefs ten (10) business days prior to the date set for jury selection. Signed by Honorable Terry L Wooten on 6/3/09. (swel, ) |
Filing 30 Local Rule 26.01 Answers to Interrogatories by Alexander Barletta.(Boan, Jason) |
Filing 29 RESPONSE in Opposition re #20 MOTION for Release of Bond Obligation Response filed by Alexander Barletta.Reply to Response to Motion due by 6/12/2009 (Boan, Jason) |
Filing 28 Defendant/Third-Party Plaintiff Barletta's ANSWER to #1 Complaint,, THIRD PARTY COMPLAINT against Mitsubishi Motors North America, Inc., COUNTERCLAIM against Mitsubishi Motors Credit of America Inc by Alexander Barletta. (Boan, Jason) Modified on 6/3/2009 to remove summons (swel, ). |
Filing 27 ***DOCUMENT MAILED #26 Order on Motion for Default Judgment, placed in U.S. Mail to Suzuki Outlet of Myrtle Beach SC LLC 431 Hospitality Lane Myrtle Beach, SC 29579 (swel, ) |
Filing 26 ORDER denying #21 Motion for Default Judgment. Thedefendant will have up to 15 days to properly file an answer. The defendant will have up to 15 days to respond to the plaintiff's motion for release of bond obligation, or to consent to said release. (Doc. #20). Signed by Honorable Terry L Wooten on 5/18/09.(swel, ) |
Filing 25 REPLY to Response to Motion re #21 MOTION for Default Judgment as to Alexander Barletta (Plaintiff's Consolidated Brief (1) Opposing Defendant Barletta's Motion to Open Default and (2) Replying to Defendant Barletta's Respose In Opposition to Plaintiff's Motion for Entry of Default Judgment) Response filed by Mitsubishi Motors Credit of America Inc. (Foster, John) |
Filing 22 RESPONSE in Opposition re #21 MOTION for Default Judgment as to Alexander Barletta Defendant's Response filed by Alexander Barletta.Reply to Response to Motion due by 5/4/2009 (Attachments: #1 Affidavit, #2 Memo in Support, #3 Proposed Answer)(Boan, Jason) |
Filing 21 MOTION for Default Judgment as to Alexander Barletta by Mitsubishi Motors Credit of America Inc. Response to Motion due by 4/24/2009 (Attachments: #1 Exhibit A to Motion for Entry of Default Judgment- Memorandum Opinion, #2 Exhibit B to Motion for Entry of Default Judgment- Judgment, #3 Memo in Support of Motion for Entry of Default Judgment, #4 Affidavit Second Declaration of Gary Krawchuk, #5 Exhibit 1 to Declaration of Gary Krawchuk- Redacted copies of Invoices issued to Plaintiff by Kilpatrick Stockton LLP, #6 Exhibit 2 to Declaration of Gary Krawchuk- Redacted copies of Invoices Issued to Plaintiff by Wilcox, Buyck & Williams)Proposed order is being emailed to chambers with copy to opposing counsel(Foster, John) |
Filing 20 MOTION for Release of Bond Obligation by Mitsubishi Motors Credit of America Inc. Response to Motion due by 4/6/2009 (Attachments: #1 Certificate of Service)No proposed order(Buyck, Mark) |
Filing 19 REQUEST FOR ENTRY OF DEFAULT byMitsubishi Motors Credit of America Inc. (Foster, John) |
Filing 17 SUMMONS Returned Executed by Mitsubishi Motors Credit of America Inc. Alexander Barletta served on 2/13/2009, answer due 3/5/2009. (Foster, John) (swel, ). Modified on 2/25/2009 to replace document with corrected signature as provided by filing user(swel, ). |
Filing 16 Minute Entry. Proceedings held before Honorable Terry L Wooten: Oral Argument Hearing held on 10/27/2008. Counsel Mark Buyck present for plaintiff. Defendant not given notice of hearing and was not present. Court will extend TRO and issue order pending further hearing or order of this court. Court Reporter Ray Simmons. (tsin, ) |
Filing 15 ***DOCUMENT MAILED #14 Order, placed in U.S. Mail to Suzuki Outlet of Myrtle Beach SC and Alexander Barletta (swel, ) |
Filing 14 ORDER that the terms of the #4 MOTION for Temporary Restraining Order filed by Mitsubishi Motors Credit of America Inc, and written #11 Order of this Court are to remain in effect pending further order of this Court. Signed by Honorable Terry L Wooten on 10/27/08. (swel, ) |
Filing 13 ORDER that the terms of the #4 MOTION for Temporary Restraining Order filed by Mitsubishi Motors Credit of America Inc, and #11 Order are to remain in effect until October 27, 2008 at 10:00 a.m. at which time a hearing on a preliminary injunction and the merits of this matter will be conducted. Signed by Honorable Terry L Wooten on 10/20/08. (swel, ) |
Filing 12 NOTICE of Hearing: Hearing on Preliminary Injunction and Hearing on the Merits set for 10/27/2008 10:00 AM in Florence #1, McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable Terry L Wooten. (swel, ) |
Filing 11 ORDER granting #4 MOTION for Temporary Restraining Order filed by Mitsubishi Motors Credit of America Inc. Signed by Honorable Terry L Wooten on 10/10/08. (swel, ) |
Filing 10 SURETY BOND in the amount of $ 1,690,700.00 posted by Mitsubishi Motors Credit of America Inc approved by the Clerk (amil, ) |
Filing 9 Minute Entry. Proceedings held before Honorable Terry L Wooten: Motion Hearing held on 10/7/2008 re #4 MOTION for Temporary Restraining Order filed by Mitsubishi Motors Credit of America Inc: Counsel Buyck, Singleton present; defendant Alexander Barletta present without counsel; oral argument presented; granting #4 Motion for TRO; Court to follow with written order and warrant attachment; the Court approves that the bond amount be set at $1,690,700.00. Court Reporter Vince Rolland. (amil, ) Modified on 10/8/2008 (amil, ). Modified on 10/8/2008 (amil, ). |
Filing 8 CERTIFICATE OF CONSULTATION by Mitsubishi Motors Credit of America Inc re #4 MOTION for Temporary Restraining Order. (Attachments: #1 Exhibit A - letter to Alexander Barletta)(Foster, John) Modified on 10/8/2008 to add description to exhibit (swel, ). |
Filing 7 NOTICE of Hearing on Motion #4 MOTION for Temporary Restraining Order : Motion Hearing set for 10/7/2008 03:00 PM in Florence #1, McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable Terry L Wooten. (amil, ) |
Filing 5 Summons Issued as to Suzuki Outlet of Myrtle Beach SC LLC, Alexander Barletta. (dsto, ) |
Filing 4 MOTION for Temporary Restraining Order by Mitsubishi Motors Credit of America Inc. Response to Motion due by 10/24/2008 (Attachments: #1 Memo in Support)Proposed order is being emailed to chambers with copy to opposing counsel(dsto, ) |
Filing 3 Local Rule 26.01 Answers to Interrogatories by Mitsubishi Motors Credit of America Inc.(dsto, ) |
Filing 1 COMPLAINT against Suzuki Outlet of Myrtle Beach SC LLC, Alexander Barletta ( Filing fee $ 350 receipt number 1742412.), filed by Mitsubishi Motors Credit of America Inc. (Attachments: #1 Exhibit A-Security Agreement, #2 Exhibit B-Guaranty, #3 Exhibit C-Assignment, #4 Exhibit D-Addendum, #5 Exhibit E-Correspondence, #6 Exhibit F-Correspondence #7 Declaration of Gary Krawchuk) (dsto, ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.