Komatsu Financial Limited Partnership v. Kirby Land Company, Inc.
Plaintiff: Komatsu Financial Limited Partnership
Defendant: Kirby Land Company, Inc.
Case Number: 5:2018cv01336
Filed: October 2, 2018
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Irene C Berger
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2018 Opinion or Order Filing 16 MOTION by Kirby Land Company, Inc. to Set Aside Default (Hussell, John)
November 27, 2018 Opinion or Order Filing 15 REPLY by Komatsu Financial Limited Partnership to #14 Response In Opposition. (Hanna, William)
November 21, 2018 Opinion or Order Filing 14 RESPONSE by Kirby Land Company, Inc. in opposition to #12 MOTION by Komatsu Financial Limited Partnership to Strike Untimely #8 Answer to Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ellis, Andrew)
November 14, 2018 Opinion or Order Filing 13 PROPOSED ORDER Agreed Order Awarding Plaintiff Right of Entry by Komatsu Financial Limited Partnership, Kirby Land Company, Inc. (Hanna, William) (Modified on 11/14/2018 to add party filer)(ts).
November 9, 2018 Opinion or Order Filing 12 MOTION by Komatsu Financial Limited Partnership to Strike Untimely #8 Answer to Complaint (Hanna, William)
November 7, 2018 Opinion or Order Filing 11 ORDER AND NOTICE: Rule 12(b) Motions 11/28/2018. Rule 26(f) Meeting 12/5/2018. Last day to file report of Rule 26(f) Meeting 12/12/2018. Scheduling Conference at 10:30 AM on 1/9/2019 in Beckley. Entry of Scheduling Order 1/16/2019. Last Day to make Rule 26(a)(1) disclosures 1/23/2019. Signed by Judge Irene C. Berger on 11/7/2018. (cc:attys; any unrepresented party) (msa)
November 5, 2018 Opinion or Order Filing 10 RETURN RECEIPT CARD received re: #9 Clerk's Entry of Default; signed 11/1/2018 by Cindy White, verifying Kirby Land Company, Inc.'s receipt of #6 Clerk's Entry of Default and #9 Order. (slr) (Modified text on 11/6/2018) (slr).
October 30, 2018 Opinion or Order Filing 9 CLERK'S ENTRY OF DEFAULT as to Kirby Land Company, Inc. (cc: counsel of record; Defendant, via cert. mail, RRR). (slr) (Additional attachment(s) added on 10/30/2018: #1 Certified Return Receipt) (slr).
October 30, 2018 Opinion or Order Filing 8 ANSWER TO #1 Complaint by Kirby Land Company, Inc. (Hussell, John)
October 30, 2018 Opinion or Order Filing 7 TRANSMITTED CERTIFIED COPY of #6 Order to attorneys and Defendant. (slr)
October 30, 2018 Opinion or Order Filing 6 ORDER: Directing the Clerk to enter a default, pursuant to Fed. R. Civ. P. 55(a), against the Defendant Kirby Land Company, Inc.; holding in abeyance the #5 MOTION for Default Judgment Pursuant to Rule 55(b)(2), FRCivP, pending the entry of default. Signed by Judge Irene C. Berger on 10/30/2018. (cc: attys; any unrepresented party; Defendant) (slr) (Modified cc: line on 10/31/2018) (slr).
October 29, 2018 Opinion or Order Filing 5 MOTION by Komatsu Financial Limited Partnership for Entry of Default Judgment by the Court against Kirby Land Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hanna, William)
October 9, 2018 Opinion or Order Filing 4 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 10/3/2018 as to Kirby Land Company, Inc. (slr)
October 2, 2018 Opinion or Order CASE assigned to Judge Irene C. Berger. (klc)
October 2, 2018 Opinion or Order Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: attys; any unrepresented party) (btm)
October 2, 2018 Opinion or Order Filing 2 ELECTRONIC SUMMONS ISSUED as to Kirby Land Company, Inc., re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (btm)
October 2, 2018 Opinion or Order Filing 1 COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-6831583. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Summons, #6 Civil Cover Sheet) (btm)

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Plaintiff: Komatsu Financial Limited Partnership
Represented By: James W. Lane, Jr.
Represented By: William J. Hanna
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Defendant: Kirby Land Company, Inc.
Represented By: John F. Hussell, IV
Represented By: John D. Wooton, Jr.
Represented By: Andrew L. Ellis
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