Caterpillar Financial Services Corporation v. River Oaks Construction, Inc. et al
| Caterpillar Financial Services Corporation |
| Jean Fleming, River Oaks Construction, Inc. and Raymond Scott Fleming |
| 2:2009cv01037 |
| September 25, 2009 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| John T Copenhaver |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 25
ORDER OF DISMISSAL directing that Caterpillar Financial's claims as set forth in the Complaint against Defendants Raymond Scott Fleming and Jean Fleming be DISMISSED WITH PREJUDICE. Signed by Judge John T. Copenhaver, Jr. on 6/25/2010. (cc: attys and the Defendants Raymond Scott Fleming and Jean Fleming) (mkw)
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| Filing 24 PROPOSED ORDER Order of Dismissal by Caterpillar Financial Services Corporation (Rapp, Brandy) |
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Filing 23
ORDER directing plaintiff to submit a proposed order dismissing the individual defendants by 07/02/2010. Signed by Judge John T. Copenhaver, Jr. on 6/23/2010. (cc: attys; any unrepresented parties) (mkw)
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Filing 22
ORDER GRANTING MOTION FOR ENTRY OF JUDGMENT BY DEFAULT granting plaintiff's #20 MOTION for Entry of Judgment by Default; directing that Caterpillar Financial is entitled to possession of the Caterpillar 320CL Excavator (Serial No. ANB03018) ("Excavator # 1") and is entitled to exercise all of its rights pursuant to Contract # 2 and the Uniform Commercial Code; River Oaks to return Excavator # 1 to Caterpillar Financial; judgment be entered against River Oaks Construction, Inc. for its default under the Contracts in the amount of $190,611.00, which includes late charges and interest through 1/5/2010; interest to continue to accrue at the contract rate of interest as follows: 3.93% per annum as to $37,579.74 pursuant to Contract # 1; the judgment rate of interest as to $31,719.32 pursuant to Contract # 2; the judgment rate of interest as to $16,944.00 pursuant to Contract # 3; and at 7.49% per annum as to $104,367.94 pursuant to Contract # 4; River Oaks Construction, Inc. to be liable for payment of attorneys' fees and costs in the amount of $7,807.03, as provided in the Contracts, plus any future attorneys' fees, costs and expenses incurred in executing on this Order; in the event of recovery and subsequent sale of Excavator # 1, River Oaks Construction, Inc. is entitled to credit on the judgment granted herein in an amount equal to the net sale proceeds received from the sale of Excavator #1, after the deduction of costs of repossession and sale of Excavator #1, and all attorneys' fees and other expenses, fees and costs that are properly recoverable by Caterpillar Financial under Contract # 2. Signed by Judge John T. Copenhaver, Jr. on 6/16/2010. (cc: attys; River Oaks Construction, Inc., P.O. Box 4570, Chapmanville, WV 25508) (taq) (Modified on 6/17/2010 to correct the amount of the judgment as to Contract #1 from $437,579.74 to $37,579.74) (skh).
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| Filing 21 AFFIDAVIT of Sherese Dossman, Special Accounts Representative for Caterpillar Financial Services Corporation, dated June 14, 2010, filed on behalf of Caterpillar Financial Services Corporation re: #20 MOTION by Caterpillar Financial Services Corporation for Entry of Default Judgment by the Court against River Oaks Construction, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rapp, Brandy) |
| Filing 20 MOTION by Caterpillar Financial Services Corporation for Entry of Default Judgment by the Court against River Oaks Construction, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Rapp, Brandy) |
| Filing 19 RETURN RECEIPT CARD RECEIVED re: #17 Clerk's Entry of Default, signed on 06/01/2010 by an agent of the same on behalf of River Oaks Construction, Inc. (mkw) |
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Filing 18
ORDER pursuant to the #17 Clerk's Entry of Default, directing that in the event plaintiff seeks default judgment against River Oaks Construction, Inc., to submit by 6/9/2010, a motion for entry of default judgment, with appropriate exhibits and affidavits, along with a detailed proposed order granting the relief requested. Signed by Judge John T. Copenhaver, Jr. on 5/26/2010. (cc: attys; registered office address for River Oaks Construction, Inc.) (taq)
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| Filing 17 CLERK'S ENTRY OF DEFAULT as to River Oaks Construction, Inc. granting #16 MOTION by Caterpillar Financial Services Corporation for Entry of Default as to River Oaks Construction, Inc. (cc: attys, defendant River Oaks Construction, Inc. via certified mail) (mkw) |
| Filing 16 MOTION by Caterpillar Financial Services Corporation for Entry of Default by Clerk against River Oaks Construction, Inc. (Attachments: #1 Affidavit)(Rapp, Brandy) |
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Filing 15
ORDER directing that the stay as to River Oaks Construction, Inc. entered by this court on 04/14/2010, is lifted, effective this date. Signed by Judge John T. Copenhaver, Jr. on 5/21/2010. (cc: attys; any unrepresented parties) (mkw)
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| Filing 14 MEMORANDUM by Caterpillar Financial Services Corporation in support of #13 MOTION by Caterpillar Financial Services Corporation To Lift Stay of Proceedings as to Defendant River Oaks Construction, Inc. (Rapp, Brandy) |
| Filing 13 MOTION by Caterpillar Financial Services Corporation To Lift Stay of Proceedings as to Defendant River Oaks Construction, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order Granting Plaintiff's Motion to Lift Stay of Proceedings as to Defendant River Oaks Construction, Inc.)(Rapp, Brandy) (Modified on 5/3/2010 to remove duplicate text) (skh). |
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Filing 12
ORDER denying without prejudice Plaintiff Caterpillar Financial Services Corporation's #11 MOTION for Entry of Default Pursuant to Rule 55(a), FRCivP; further directing that this action is stayed in its entirety pending the conclusion of the bankruptcy proceedings but a motion to reopen this case may be filed by any party when the bankruptcy proceedings are concluded or at any time when it becomes apparent that this case may proceed. Signed by Judge John T. Copenhaver, Jr. on 4/14/2010. (cc: attys, to the principal office address for River Oaks Construction, Inc., at P.O. Box 4570, Chapmanville, WV 25508; and to trustee Arthur M. Standish, P.O. Box 1588, Charleston, WV 25326) (mkw) (Modified text to conform to filed document on 4/15/2010) (skh).
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| Filing 11 MOTION by Caterpillar Financial Services Corporation for Entry of Default by Clerk against River Oaks Construction, Inc. (Attachments: #1 Affidavit of Brandy M. Rapp)(Rapp, Brandy) (Modified description of attachment on 2/12/2010) (skh). |
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Filing 10
ORDER directing that this action be stayed as to Raymond Scott Fleming and Jean Fleming pending the conclusion of the bankruptcy proceedings; the parties other than Raymond Scott Fleming and Jean fleming are directed to show cause in writing by 01/20/2010, why the action should not be stayed in its entirety pending the conclusion of the bankruptcy proceedings. Signed by Judge John T. Copenhaver, Jr. on 12/22/2009. (cc: attys) (mkw)
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| Filing 9 SUGGESTION OF BANKRUPTCY UPON THE RECORD as to Raymond Scott Fleming and Jean Fleming by Caterpillar Financial Services Corporation (Rapp, Brandy) |
| Filing 8 WAIVER OF SERVICE EXECUTED. Waiver signed by Jean Fleming on November 9, 2009. Jean Fleming waiver mailed on 9/28/2009, answer due 11/27/2009. (Rapp, Brandy) |
| Filing 7 WAIVER OF SERVICE EXECUTED. Waiver signed by Scott Fleming on November 9, 2009. River Oaks Construction, Inc. waiver mailed on 9/28/2009, answer due 11/27/2009. (Rapp, Brandy) |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Scott Fleming on November 9, 2009. Raymond Scott Fleming waiver mailed on 9/28/2009, answer due 11/27/2009. (Rapp, Brandy) |
| Filing 5 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS (Form 1A) by Caterpillar Financial Services Corporation for Raymond Scott Fleming, with proposed WAIVER OF SERVICE OF SUMMONS FORM (Form 1B). (Attachments: #1 Waiver of Service, #2 Complaint, #3 Certificate of Service)(Rapp, Brandy) |
| Filing 4 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS (Form 1A) by Caterpillar Financial Services Corporation for Jean Fleming, with proposed WAIVER OF SERVICE OF SUMMONS FORM (Form 1B). (Attachments: #1 Waiver of Service, #2 Complaint, #3 Certificate of Service)(Rapp, Brandy) |
| Filing 3 NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS (Form 1A) by Caterpillar Financial Services Corporation for River Oaks Construction, Inc., with proposed WAIVER OF SERVICE OF SUMMONS FORM (Form 1B). (Attachments: #1 Waiver of Service, #2 Complaint, #3 Certificate of Service)(Rapp, Brandy) |
| Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge Stanley for discovery. (cc: attys; any unrepresented party) (mkw) |
| CASE assigned to Judge John T. Copenhaver, Jr. (skh) |
| Filing 1 COMPLAINT. Filing Fee $350.00. Receipt # 0425-1097012. (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Civil Cover Sheet) (mkw) |
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