Caterpillar Financial Services Corporation v. Cooterneck Lane, LLC
| Caterpillar Financial Services Corporation |
| Cooterneck Lane, LLC |
| 3:2010cv00993 |
| October 21, 2010 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| E Clifton Knowles |
| John T Nixon |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 12, 2012. A more recent docket listing may be available from PACER.
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Filing 33
ORDER: Plaintiff s counsel avers that in the course of obtaining judgment, Plaintiff incurred attorney's fees and costs totaling $7,036.33. (Doc. No. 32.) Plaintiff attached as an exhibit a billing statement describing with particularity the activities, hours billed, and hourly rates charged by the three attorneys and two paralegals who worked on this case, and describing various additional expenses incurred by Plaintiff. (Doc. No. 32-1.) Upon review of the documented fees arid costs, the Court finds Plaintiffs requested award to be reasonable. Accordingly, the Court GRANTS Plaintiffs Motion and awards Plaintiff attorney's fees and costs in the amount of $7,036.33. It is so ORDERED. Entered this 11th day of July, 2012. Signed by Senior Judge John T. Nixon on 7/11/12. (afs)
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| Filing 32 AFFIDAVIT re #31 MOTION for Attorney Fees and Costs of Courtney H. Gilmer by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Billing statements)(Gilmer, Courtney) |
| Filing 31 MOTION for Attorney Fees and Costs by Caterpillar Financial Services Corporation. (Gilmer, Courtney) |
| Filing 30 ENTRY OF JUDGMENT re #29 DEFAULT JUDGMENT. (afs) Modified on 5/21/2012 (rd). |
| Filing 29 DEFAULT JUDGMENT: Pending is Plaintiff's Motion for Default Judgment against Defendant (Docket Entry No. 27). The motion is granted as noted below. Signed by Keith Throckmorton, Clerk of Court, on 5/18/12. (afs) |
| Filing 28 AFFIDAVIT re #27 MOTION for Default Judgment as to Defendant Cooterneck Lane, LLC of Courtney H. Gilmer by Caterpillar Financial Services Corporation. (Gilmer, Courtney) |
| Filing 27 MOTION for Default Judgment as to Defendant Cooterneck Lane, LLC by Caterpillar Financial Services Corporation. (Attachments: #1 Attachment - Proposed Default Judgment)(Gilmer, Courtney) |
| Filing 26 ENTRY OF DEFAULT re #20 Motion for Entry of Default. Signed by Keith Throckmorton, Clerk of Court on 10/4/2011. (hb) |
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Filing 25
ORDER Pending before the Court is a Motion to Withdraw (Doc. No. #23 ), filed by Harris, Brown & Associates, PLLC, Tyree B. Harris and Katherine A. Brown, who serve as counsel for Defendant Cooterneck Lane, LLC. Filed with the Motion is a Memorandum in Support, explaining that Defendant's counsel wish to withdraw because of Defendant's failure to cooperate or communicate regarding defense of this action. (Doc. No. #24 .) Under Local Rule 83.01(g), a Motion to Withdraw must certify that the withdrawing attorney has given notice to the client at least fourteen days prior to filing the motion, specify the manner of such notice, and attach a copy of the notice. The current Motion has not met these requirements. Accordingly, the Motion is DENIED without prejudice to refile in compliance with Local Rule 83.01(g). Signed by Senior Judge John T. Nixon on 9/26/2011. (hb)
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| Filing 24 MEMORANDUM in Support of #23 MOTION to Withdraw as Attorney filed by Cooterneck Lane, LLC. (Brown, Katherine) |
| Filing 23 MOTION to Withdraw as Attorney by Cooterneck Lane, LLC. (Brown, Katherine) |
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Filing 22
ORDER: Pursuant to the Motion for Entry of Default filed by the Plaintiff on September 13, 2011 (Docket Entry No. #20 ), the Initial Case Management Conference scheduled for September 22, 2011, at 1:30 p.m., is CANCELLED, to be reset by separate Order, if necessary. Signed by Magistrate Judge E. Clifton Knowles on 9/19/2011. (hb)
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| Filing 21 DECLARATION of Courtney H. Gilmer filed by Caterpillar Financial Services Corporation re: #20 MOTION for Entry of Default. (Gilmer, Courtney) |
| Filing 20 MOTION for Entry of Default by Caterpillar Financial Services Corporation. (Gilmer, Courtney) |
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Filing 19
ORDER: The Initial Case Management Conference in this action is set for September 22, 2011, at 1:30 p.m. before the undersigned. Prior to the hearing, counsel for the parties are directed to confer on a Proposed Case Management Order for the progression of this case, which shall be submitted three (3) days prior to the Case Management Conference. IT IS SO ORDERED. Signed by Magistrate Judge E. Clifton Knowles on 8/26/11. (tmw)
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Filing 18
ORDER OF RECUSAL. Magistrate Judge Joe Brown recused. Case reassigned to Magistrate Judge E. Clifton Knowles for all further proceedings. Signed by Magistrate Judge Joe Brown on 8/24/11. (tmw)
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| Bar status of Atty Katherine Anne Brown of TN verified as active this date. (tmw) |
| Filing 17 NOTICE of Appearance by Tyree Bryson Harris, IV, and Katherine Ann Brown on behalf of Cooterneck Lane, LLC. (Harris, Tyree) Modified text on 7/26/2011 (tmw). |
| Bar status for Atty. Tyree Bryson Harris IV of TN verified as active on this date. (hb) |
| Filing 16 NOTICE of Appearance by Tyree Bryson Harris, IV on behalf of Cooterneck Lane, LLC (Harris, Tyree) |
| Filing 15 SUMMONS returned executed by Caterpillar Financial Services Corporation. Cooterneck Lane, LLC served on 3/21/2011. (Gilmer, Courtney) |
| Filing 14 Summons issued as to Cooterneck Lane, LLC. (hb) |
| Filing 13 Certified Mail Returned as Unclaimed as to #8 Order. Mail sent to Cooterneck Lane, LLC. (hb) |
| Filing 12 ACKNOWLEDGEMENT OF SERVICE of Green Card Executed on 1/5/11 and signed by Danny Silsbe re #10 Order. (af) |
| Filing 11 CERTIFIED MAIL RECEIPT re #10 Denial of Entry of Default. (hb) |
| Filing 10 DENIAL OF ENTRY OF DEFAULT signed by Keith Throckmorton, Clerk of Court on 1/3/2011. (hb) |
| Filing 9 CERTIFIED MAIL RECEIPT re #8 Order. (hb) |
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Filing 8
ORDER: A case management conference was scheduled in this matter for December 13, 2010. At the appointed hour no representative of the Defendant appeared. The Magistrate Judge did conduct a brief telephone conference with Plaintiff's counsel. Plaintiff's counsel advised they believed they had good service when the Defendant failed to pick up certified mail. Plaintiff advised that they planned to file a motion for default once the case management conference was over. She explained that she wanted to wait to see if someone would appear even though they had not filed a response at an earlier date. In view of the failure of anyone to appear on behalf of the Defendant, the Magistrate Judge is not able to enter a scheduling order and the Plaintiff is free to file for default as circumstances may dictate. The Magistrate Judge notes that the Defendant is not an individual and as such will have to be represented by an attorney. The Clerk is directed to send a copy of this order to the address shown for service on the Defendant by both regular and certified mail. Signed by Magistrate Judge Joe Brown on 12/16/2010. (hb)
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| Filing 7 AFFIDAVIT re #6 MOTION for Entry of Default of Courtney H. Gilmer by Caterpillar Financial Services Corporation. (Gilmer, Courtney) |
| Filing 6 MOTION for Entry of Default by Caterpillar Financial Services Corporation. (Gilmer, Courtney) |
| Filing 5 SUMMONS returned executed by Caterpillar Financial Services Corporation. Cooterneck Lane, LLC served on 11/9/2010. (Gilmer, Courtney) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Caterpillar Financial Services Corporation. (Gilmer, Courtney) |
| Filing 3 NOTICE of Initial Case Management Conference set for 12/13/2010 at 01:30 PM in Courtroom 783 before Magistrate Judge Joe Brown. (afs) |
| Attorney Status for Attorney(s) Blair Evans and Courtney H. Gilmer of Tennessee, verified as active on this date. (afs) |
| Filing 2 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirements. (afs) |
| Filing 1 COMPLAINT against Cooterneck Lane, LLC, filed by Caterpillar Financial Services Corporation. Filing fee paid, $350.00, Summons issued. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Attachment Summons, #11 Attachment Civil Cover Sheet)(afs) |
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