Automotive Finance Corporation v. Caspian Auto House Inc. et al
| Automotive Finance Corporation |
| Caspian Auto House Inc. doing business as Caspian Auto Motors, Certified Auto Deal Inc. doing business as Certified Auto Deal, Autoline of VA Inc., EAE Auto Motors Inc., Elshan Bayramov, Babak M Bayramov, Caspian Auto House Inc. a Virginia corporation doing business as Caspian Auto Motors and Certified Auto Deal Inc. a Virginia corporation doing business as Certified Auto Deal |
| 1:2023cv01679 |
| December 8, 2023 |
| US District Court for the Eastern District of Virginia |
| Claude M Hilton |
| Lindsey R Vaala |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 39 Certificate of Compliance received from Commonwealth of Virginia State Corporation Commission, Certified Auto Deal Inc. served on 2/1/2024, answer due 2/22/2024. (Dest) |
| Filing 38 Letter from the 4th Circuit requesting the transmittal of record in re #27 Notice of Appeal. (Cwel) |
| Filing 37 USCA Case Number 24-1075 4th Circuit case manager Marcy E. Beall for #27 Notice of Appeal, filed by Elshan Bayramov. (Cwel) |
| Assembled INITIAL Electronic Record Transmitted to 4CCA in re #27 Notice of Appeal (Cwel) |
| Filing 35 Alias Summons Issued as to Certified Auto Deal Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney) (Dest) |
| Filing 36 USCA Appeal Fees received $605 receipt number 100005448 in re #27 Notice of Appeal filed by Elshan Bayramov. (Dest) |
| Filing 34 Proposed Summons re #1 Complaint, on Certified Auto Deal Inc. (Alias) by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 33 Summons Returned Unexecuted by Automotive Finance Corporation as to Certified Auto Deal Inc.. (Gehrig, Nicholas) |
| Notice of Correction re #29 MOTION to Strike #26 Waiver of, #16 Answer to Complaint, #25 MOTION to Amend/Correct, #18 MOTION to Dismiss, #27 Notice of Appeal, #19 Waiver of. Unfortunately the Motion was filed without a Notice of Hearing Date. The filing user has been notified to file a Notice of Hearing Date, or Notice of Waiver of Oral Argument. (Dest) |
Filing 32
ORDERED that the Motion to Amend/Vacate is DENIED. It is further ORDERED that the Motion to Dismiss is DENIED. Each party must file a responsive pleading within twenty-one (21) days of this order. For corporate defendants, counsel must file a responsive pleading. For individual defendants, each must personally file their own responsive pleading if they intend to proceed pro se. Signed by District Judge Claude M. Hilton on 01/12/2024. (dvanm)
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Filing 31
ORDERED that the Clerk of Court for the Eastern District of Virginia receive and process the funds for the bond and deposit the funds in the Court Registry. Signed by District Judge Claude M. Hilton on 01/12/2023. (dvanm)
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| Filing 30 Memorandum in Support re #29 MOTION to Strike #26 Waiver of, #16 Answer to Complaint, #25 MOTION to Amend/Correct, #18 MOTION to Dismiss, #27 Notice of Appeal, #19 Waiver of filed by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 29 MOTION to Strike #26 Waiver of, #16 Answer to Complaint, #25 MOTION to Amend/Correct, #18 MOTION to Dismiss, #27 Notice of Appeal, #19 Waiver of by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 28 Transmission of Notice of Appeal to US Court of Appeals re #27 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (swil) |
| Notice of Correction re #24 Proposed Summons. Unfortunately the Clerk's office is unable to issued the Proposed Summons at this time. The previously issued summons for this defendant must be returned to the Clerk's office as "Executed" or "Unexecuted" for the Clerk's office to reissue Alias Summons. (Dest) |
| Filing 27 NOTICE OF APPEAL as to #22 Order by Elshan Bayramov. (swil) |
| Filing 26 Ex Parte Notice of Waiver of Oral Argument re #25 Ex Parte MOTION Requesting Court to Amend/Vacate its Order of January 06, 2024, or Alternatively, to Suspend Enforcement of Order Prior to Appeal by Elshan Bayramov (swil) |
| Filing 25 Ex Parte MOTION Requesting Court to Amend/Vacate its Order of January 06, 2024, or Alternatively, to Suspend Enforcement of Order Prior to Appeal by Elshan Bayramov. (swil) |
| Filing 24 Proposed Summons re #1 Complaint, on Certified Auto Deal Inc. (Alias) by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 23 SUMMONS Returned Executed by Automotive Finance Corporation EAE Auto Motors Inc. served on 12/15/2023, answer due 1/5/2024 (Gehrig, Nicholas) |
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Filing 22
ORDER GRANTING PRELIMINARY INJUNCTION AS TO RETAIL INSTALLMENT CONTRACTS; and it is further ORDERED that AFC shall post a bond in the amount of $500; and it is further ORDERED that the Defendants provide to the Plaintiff, within 30 days of the date of this Order, the original retail installment contracts, and any other documentation regarding the sale of the vehicles identified on the attached Exhibit A. (See Order for details) Signed by District Judge Claude M. Hilton on 1/5/2024. (tarm)
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| Filing 21 Minute Entry for proceedings held before District Judge Claude M. Hilton: Motion Hearing held on 1/5/2024. Matter on for Preliminary Injunction Hearing. Motion argued and Proposed Order Granting Preliminary Injunction as to Retail Installment Contracts Entered and filed in open court. $500 bond to be posted by Plaintiff and the Defendants are to provide the original retail installments contracts within 30 days. (Attachments: #1 Documents received in open court by Defendants, #2 Exhibit A received in open court by Plaintiff) (Court Reporter: J. Egal)(tarm) |
| Filing 20 Declaration re #11 Memorandum in Support, #12 Order on Motion for TRO, #10 Emergency MOTION for Temporary Restraining Order , #13 Notice of Hearing Date by Automotive Finance Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Gehrig, Nicholas) |
| Filing 15 SUMMONS Returned Executed by Automotive Finance Corporation Autoline of VA Inc. served on 12/15/2023, answer due 1/5/2024 (Gehrig, Nicholas) |
| Filing 14 SUMMONS Returned Executed by Automotive Finance Corporation Caspian Auto House Inc. served on 12/15/2023, answer due 1/5/2024 (Gehrig, Nicholas) |
| Filing 19 NOTICE of Wavier of Oral Argument in re #18 MOTION to Dismiss, filed by Babak M Bayramov, Elshan Bayramov, Caspian Auto House Inc. (Dest) |
| Filing 18 MOTION to Dismiss, filed by Babak M Bayramov, Elshan Bayramov, Caspian Auto House Inc. (Dest) |
| Filing 17 AFFIDAVIT of Elshan Bayramov, filed by Elshan Bayramov. (Dest) |
| Filing 16 ANSWER to #1 Complaint, filed by Babak M Bayramov, Elshan Bayramov, Caspian Auto House Inc.(Dest) |
| Filing 13 Notice of Hearing Date re #10 Emergency MOTION for Temporary Restraining Order (Gehrig, Nicholas) |
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Filing 12
ORDERED that Plaintiff's Motion is DENIED IN PART. Plaintiff's request for a temporary restraining order is DENIED. It is further ORDERED that a hearing on the request for preliminary injunction shall be held on Friday, January 5, 2024, at 10:00 a.m. before the undersigned. Plaintiff must provide notice of the hearing to Defendants in accordance with Fed. R. Civ. P. 65(a). Signed by District Judge Claude M. Hilton on 12/15/2023. (tran)
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| Set Hearings: Preliminary Injunction Hearing set for 1/5/2024 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (tran) |
| Filing 11 Memorandum in Support re #10 Emergency MOTION for Temporary Restraining Order filed by Automotive Finance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gehrig, Nicholas) |
| Filing 10 Emergency MOTION for Temporary Restraining Order by Automotive Finance Corporation. (Attachments: #1 Proposed Order)(Gehrig, Nicholas) |
| Filing 9 Summons Issued as to Autoline of VA Inc., Babak M Bayramov, Elshan Bayramov, Caspian Auto House Inc., Certified Auto Deal Inc., EAE Auto Motors Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney) (Dest) |
| Notice of Correction: The filing user is being notified that a request for TRO must be made via a motion that in addition requires a notice of hearing or waiver of oral argument in re #1 Complaint. (jlan) |
| Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge Lindsey R. Vaala. (Dest) |
| Filing 8 Financial Interest Disclosure Statement (Local Rule 7.1) by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 7 Proposed Summons re #1 Complaint, BABAK M. OGLU BAYRAMOV by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 6 Proposed Summons re #1 Complaint, on Elshan Bayramov by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 5 Proposed Summons re #1 Complaint, on EAE Auto Motors Inc. by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 4 Proposed Summons re #1 Complaint, on Autoline of VA Inc. by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 3 Proposed Summons re #1 Complaint, on Certified Auto Deal Inc. by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 2 Proposed Summons re #1 Complaint, on Caspian Auto House Inc. by Automotive Finance Corporation. (Gehrig, Nicholas) |
| Filing 1 Complaint ( Filing fee $ 405, receipt number AVAEDC-9255763.), filed by Automotive Finance Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Civil Cover Sheet)(Gehrig, Nicholas) (Attachment 11 replaced to correct pdf fillable form on 12/11/2023) (Dest). |
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