Harley-Davidson Credit Corp. v. JHD Holdings, Inc. et al
| Harley-Davidson Credit Corp. |
| Sara J. Pomeroy, H2D Motorcycle Ventures LLC and JHD Holdings, Inc. |
| 3:2019cv00155 |
| February 26, 2019 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 60 Brief in Opposition by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy re: #44 Motion for Sanctions filed by Harley-Davidson Credit Corp. and in Response to Declaration of Mr. Putnam (Attachments: #1 Exhibit A- Proof of Clearing of Payment) (Stein, Alon) Modified on 4/26/2019 (jat). |
| Filing 59 Declaration of Brian Putnam in response to Order #57 (Attachments: #1 Exhibit A - Uncompleted Payment, #2 Exhibit B - 4.20.19 Sale, #3 Exhibit C - Daily Sales Reported on 4.23.19, #4 Exhibit D - 4.20.19 Sale Payment) (Fleming, Daniel) Modified on 4/26/2019 (jat). |
| Filing 58 Response to Order #57 by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy (Attachments: #1 Exhibit A- Acknowledgment of Receipt of TRO and Agreement to Abide by its terms) (Stein, Alon) Modified on 4/26/2019 (jat). |
Filing 57
** TEXT ONLY ORDER ** The court held a telephonic hearing on plaintiff's motion for sanctions and to expand scope of the preliminary injunction. See Dkt. #44 . Plaintiff appeared by counsel, Daniel Fleming; defendants appeared by counsel, Alon Stein. As stated during the hearing, the court will stay a decision on plaintiff's motion until it receives further information from the parties. Defendants have until April 25, 2019, to submit proof that the new management of the Iron Town dealership in New Berlin is aware of this court's injunction, Dkt. #16 -1, and intend to comply with it. Plaintiff has until April 25 to report on the status of the approximately $59,000 owed and promised to plaintiff for sales made during the injunction. By April 30, defendants must inform the court of the status of the Boardtracker dealership in Janesville. This report must be supported by a declaration or affidavit from someone with personal knowledge. It should explain who is running the dealership, the extent of its current operations, the plan for future operations, and precautions taken to protect plaintiff's collateral. The court orders that this report and supporting documentation may be filed under seal, following the court's requirements for under-seal filings, which are set out in Administrative Order No. 337. Signed by District Judge James D. Peterson on 4/24/2019. (jls)
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| Minute Entry for proceedings held before District Judge James D. Peterson: Telephone Motion Hearing held on 4/23/2019 re #44 Motion for Sanctions filed by Harley-Davidson Credit Corp. [1:00] (Court Reporter cs.) (skv) |
| Filing 56 Supplement to Response by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy re: #44 Motion for Sanctions filed by Harley-Davidson Credit Corp., (Attachments: #1 A - Payment of $6,304.45) (Stein, Alon) Modified on 4/23/2019. (lak) |
| Filing 55 Brief in Opposition by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy re: #44 Motion for Sanctions filed by Harley-Davidson Credit Corp. (Responding to April 12, 2019 Supplement filed by Plaintiff) (Attachments: #1 Group Exhibit A - $17,194 and $8,419 Payments, #2 Exhibit B - $11,649.15 Payment) (Stein, Alon) Modified on 4/23/2019. (lak) |
| Filing 54 Brief in Opposition by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy re: #44 Motion for Sanctions filed by Harley-Davidson Credit Corp. (Replacement of 4/12 Filing.), (Attachments: #1 Exhibit A - April 4, 2009 E-mail Chain, #2 Exhibit B - Replacement Wire, #3 Exhibit C1 - E-mail Exchange between Counsel, #4 Exhibit C2 - Sales Report E-mail, #5 Exhibit D - Payment, #6 Exhibit E - Articles, #7 Exhibit F - March 8, 2019 Transcript) (Stein, Alon) Modified on 4/17/2019. (lak) |
| Set Deadlines as to #44 Motion for Sanctions. Telephone Motion Hearing set for 4/23/2019 at 03:30 PM before Judge James D. Peterson. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5504. (jat) |
| Filing 53 Disregard. See #54 . Modified on 4/17/2019. (lak) |
| Filing 52 Supplemental Declaration of Brian Putnam filed by Plaintiff Harley-Davidson Credit Corp. re: #44 Motion for Sanctions, (Attachments: #1 Exhibit A - 4.10.19 Audit Report Regarding 4033) (Fleming, Daniel) |
| Filing 51 Brief in Reply by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy in Support of #33 Motion to Dismiss, (Attachments: #1 Exhibit - E-mail String) (Stein, Alon) |
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Filing 50
** TEXT ONLY ORDER **Plaintiff's motion to expedite its motion for sanctions, Dkt. #47 , is GRANTED in part. Defendants may have until April 12, 2019, to file a response to plaintiff's motion for sanctions. If the court needs further input from the parties, the court will ask for it. Signed by District Judge James D. Peterson on 4/8/19. (jat)
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Filing 49
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Amendments to Pleadings due 5/17/2019. Dispositive Motions due 11/4/2019. Settlement Letters due 2/28/2020. Motions in Limine due 3/6/2020. Response to Motion due 3/20/2020. Final Pretrial Conference set for 4/1/2020 at 04:00 PM. Court Trial set for 4/6/2020 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 4/5/19. (jat)
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| Filing 48 Declaration of Daniel C. Fleming filed by Plaintiff Harley-Davidson Credit Corp. in Support re: #47 Motion to Expedite Briefing and Telephonic Hearing Schedule Pursuant to 28 USCS 1657. (Fleming, Daniel) |
| Filing 47 Motion to Expedite Briefing and Telephonic Hearing Schedule Pursuant to 28 USCS 1657 by Plaintiff Harley-Davidson Credit Corp. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 4/12/2019. (Attachments: #1 Text of Proposed Order) (Fleming, Daniel) |
| Filing 46 Declaration of Brian Putnam filed by Plaintiff Harley-Davidson Credit Corp. re: #44 Motion for Sanctions, (Attachments: #1 Exhibit A - March 18, 2019 and March 22, 2019 Daily Sales Reports, #2 Exhibit B - March 29, 2019 E-mail, #3 Exhibit C - Screen Shot from HDCC e-Pay Portal, #4 Exhibit D - Iron Town NSF Notification, #5 Exhibit E - Boardtracker NSF Notification, #6 Exhibit F - March 27, 2019 Audit Report) (lak) |
| Filing 45 Brief in Support of #44 Motion for Sanctions by Plaintiff Harley-Davidson Credit Corp. (lak) |
| Filing 44 Motion for Sanctions and to Expand the Scope of the Preliminary Injunction by Plaintiff Harley-Davidson Credit Corp., (Attachments: #1 Text of Proposed Order) (lak) |
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 4/5/2019 [:10] (cak) |
| Set Deadlines as to #44 Motion for Sanctions. Brief in Opposition due 4/19/2019. Brief in Reply due 4/26/2019. (jat) |
| Filing 43 Disregard. See #44 , #45 and #46 . Modified on 4/5/2019. (lak) |
| Filing 42 Brief in Opposition by Plaintiff Harley-Davidson Credit Corp. re: #33 Motion to Dismiss filed by JHD Holdings, Inc., H2D Motorcycle Ventures LLC, Sara J. Pomeroy. (Fleming, Daniel) |
| Filing 41 Report of Rule 26(f) Planning Meeting by Plaintiff Harley-Davidson Credit Corp. (Fleming, Daniel) Modified on 3/28/2019. (lak) |
| Filing 40 Transcript of Injunctive Hearing, held 3/8/19 before Judge James D. Peterson. Court Reporter: CS. Please review the court's new policy regarding electronic transcripts of court proceedings: see #Electronic Transcript Instructions. (jat) |
| Filing 39 Notice of Appearance filed by James K. Haney for Plaintiff Harley-Davidson Credit Corp. (Haney, James) |
| Filing 38 Amendment to #1 Complaint by Plaintiff Harley-Davidson Credit Corp. Amendment by Interlineation to Verified Complaint, and Order. (Fleming, Daniel) Modified on 3/12/2091. (lak) |
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Filing 37
OPINION and ORDER: The court's temporary restraining order, Dkt. #16 -1, is CONVERTED into a preliminary injunction. Signed by District Judge James D. Peterson on 3/8/19. (jat)
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| Filing 36 Minute Entry for proceedings held before District Judge James D. Peterson: Injunctive Hearing held on 3/8/2019. [1:09] (Court Reporter CS.) (jls) |
| Filing 35 Amended Affirmative Defenses by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy. (Stein, Alon) Modified on 3/8/2019. (lak) |
| Filing 34 ANSWER with Jury Demand by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy, (Attachments: #1 Exhibit - Verification) (Stein, Alon) Modified on 3/29/2019: Per #41 , plaintiff and defendants request a non-jury trial. (lak) |
| Filing 33 MOTION TO DISMISS COUNTS IV, V, VI, VII, PURSUANT TO RULE 12(b)(6) by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy. Brief in Opposition due 3/29/2019. Brief in Reply due 4/8/2019. (Stein, Alon) |
| Filing 32 Brief in Opposition by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy re: #5 Motion for TRO, (Attachments: #1 Exhibit - Motorcycle Dealer Contract, #2 Exhibit - Redacted E-mail) (Stein, Alon) Modified on 3/8/2019. (lak) |
| Filing 31 Response to Amended Proposed Findings of Fact by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy re: #5 Motion for TRO, (Attachments: #1 Exhibit A - Redacted E-mails, #2 Exhibit B - E-mails, #3 Exhibit - Verification) (Stein, Alon) Modified on 3/8/2019: Detailed e-mail sent to counsel. (lak) |
| Set Telephone Conference: Telephone Pretrial Conference set for 4/5/2019 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (jat) |
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Filing 30
** TEXT ONLY ORDER **Plaintiff has filed a motion in which it asks the court to impose special requirements on the witnesses who will be testifying by telephone during the hearing scheduled for March 8. Dkt. #29 . The motion is DENIED. If plaintiff believed that special requirements were necessary, it should have raised that issue when defendants filed the motion to allow their witnesses to appear by phone. Even now, plaintiff does not provide any basis for believing that the requirements it requests are necessary. Signed by District Judge James D. Peterson on 3/6/19. (jat)
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| Filing 29 Motion to Ensure Appropriate Safeguards During Contemporaneous Transmission from a Different Location Pursuant to F.R.C.P. 43(a) by Plaintiff Harley-Davidson Credit Corp. Response due 3/12/2019. (Fleming, Daniel) Modified on 3/5/2019. (lak) |
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Filing 28
** TEXT ONLY ORDER ** The court held a telephonic conference with the parties. Plaintiff appeared by Daniel Fleming. Defendants appeared by Alon Stein. As stated at the conference, defendants' motion to dismiss the case for improper venue, Dkt. #26 , is DENIED. The court is persuaded that the agreements cited by defendants do not prohibit plaintiff from filing an action in this district. Defendants' motion to continue the hearing on plaintiff's motion for a temporary restraining order, Dkt. #22 , is GRANTED. The hearing will be held at 1:00 p.m. on Friday, March 8. Defendants' opposition materials are due by 9:00 a.m. on March 8. Defendants' motion to allow Eric Pomeroy and Sara Pomeroy to appear by telephone, Dkt. #27 , is GRANTED. Defendants are directed to contact the clerk's office to provide a telephone number where the witnesses may be reached for the hearing. Signed by District Judge James D. Peterson on 3/4/2019. (jls)
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| Set Hearings: Telephone Status Conference set for 3/4/2019 at 10:00 AM before Judge James D. Peterson. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5504. (jat) |
| Minute Entry for proceedings held before District Judge James D. Peterson: Telephone Status Conference held on 3/4/2019 [:20] (skv) |
| Filing 27 Motion to Appear by Telephone at the Injunction Hearing (Eric Pomeroy and/or Sara Pomeroy) by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy. (Stein, Alon) |
| Filing 26 MOTION TO DISMISS for Lack of Jurisdiction Pursuant to Rule 12(b)(3) by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy. Brief in Opposition due 3/25/2019. Brief in Reply due 4/3/2019. (Stein, Alon) |
| Filing 25 Brief in Reply by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy in Support of #22 MOTION for Extension of Time. (Stein, Alon) |
| Filing 24 Declaration of Daniel C. Fleming filed by Plaintiff Harley-Davidson Credit Corp. in Opposition re: #22 MOTION for Extension of Time. (Fleming, Daniel) Modified on 3/4/2019. (lak) |
| Filing 23 Notice by Plaintiff Harley-Davidson Credit Corp. Letter Brief in lieu of a formal Brief. (Attachments: #1 Exhibit A - Order Granting Ex Parte Motion for TRO) (Fleming, Daniel) |
| Filing 22 Motion for Extension of Time by Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 3/8/2019. (Stein, Alon) |
| Filing 21 Notice of Appearance (Amended) filed by Alon Stein for Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy. (Stein, Alon) |
| Filing 20 Notice of Appearance filed by Alon Stein for Defendants H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy. (Stein, Alon) |
| Filing 19 Summons Returned Executed as to Sara Pomeroy. (Fleming, Daniel) Modified on 3/1/2019. (lak) |
| Filing 18 Summons Returned Executed as to H2D Motorcycle Venture LLC. (Fleming, Daniel) Modified on 3/1/2019. (lak) |
| Filing 17 Summons Returned Executed as to JHD Holdings, Inc. (Fleming, Daniel) Modified on 3/1/2019. (lak) |
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Filing 16
OPINION and ORDER granting #5 Motion for TRO (as modified in attachment); denying #10 , #14 Motions to Seal. Signed by District Judge James D. Peterson on 2/28/19. (Attachments: #1 Order for Temporary Restraining Order) (jat)
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| Filing 15 Notice by Plaintiff Harley-Davidson Credit Corp. re: #5 Ex Parte Motion for Temporary Restraining Order. (Ex Parte Document) Proposed Temporary Restraining Order. (Ex Parte Document) (Fleming, Daniel) |
| Minute Entry for proceedings held before District Judge James D. Peterson: Telephone Status Conference held on 2/28/2019 [:30] (skv) |
| Set Deadlines as to #Procedure to be followed on Motions for Injunctive Relief attached. Defendants may file written materials in response to TRO by by 8:00 a.m. on 3/5/2019. Injunctive Hearing set for 3/5/2019 at 01:00 PM. (jat) |
| Filing 14 Motion to Seal ECF No. 12 Amended Statement of Proposed Facts and ECF No. 13 Declaration of Brian Putnam by Plaintiff Harley-Davidson Credit Corp. Motions referred to Magistrate Judge Stephen L. Crocker. (Fleming, Daniel) |
| Filing 13 Declaration of Brian Putnam filed by Plaintiff Harley-Davidson Credit Corp. re: #5 Motion for TRO, (Ex Parte Document) (Attachments: #1 Exhibit A - NSF Payments (Redacted), #2 Exhibit B - Wire Transfer (Redacted)) (Fleming, Daniel) |
| Filing 12 Amended Proposed Findings of Fact filed by Plaintiff Harley-Davidson Credit Corp. re: #5 Motion for TRO. (Ex Parte Document) (Fleming, Daniel) |
| Filing 11 Exhibits to #1 Complaint filed by Harley-Davidson Credit Corp., (Attachments: #1 Exhibit D - H2D Collateralized Guaranty, #2 Exhibit F - UCC Search, #3 Exhibit G - JHD Collateralized Guaranty, #4 Exhibit H - Pomeroy Continuing Guaranty, #5 Exhibit AA - February 14, 2019 Email, #6 Exhibit AB - HDCC February 14, 2019 Letter to H2D Motorcycle Ventures, #7 Exhibit AC - HDCC February 14, 2019 Letter to JHD Holdings) (Fleming, Daniel) Modified on 2/27/2019. (lak) |
| Filing 10 Motion to Seal by Plaintiff Harley-Davidson Credit Corp. Motions referred to Magistrate Judge Stephen L. Crocker. (Fleming, Daniel) Modified on 2/28/2019. (lak) |
| Filing 9 Summons Issued as to H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy. (jat) |
| Filing 8 Declaration of Daniel C. Fleming filed by Plaintiff Harley-Davidson Credit Corp. re: #5 Motion for TRO. (Ex Parte Document) (Fleming, Daniel) |
| Filing 7 Proposed Findings of Fact filed by Plaintiff Harley-Davidson Credit Corp. re: #5 Motion for TRO. (Ex Parte Document) (Fleming, Daniel) |
| Filing 6 Brief in Support of #5 Motion for TRO by Plaintiff Harley-Davidson Credit Corp. (Ex Parte Document) (Fleming, Daniel) |
| Filing 5 Ex Parte Motion for Temporary Restraining Order (Ex Parte Document) by Plaintiff Harley-Davidson Credit Corp. (Fleming, Daniel) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jat) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (jat) |
| Set Ex Parte Telephone Status Conference: Ex Parte Telephone Status Conference set for 2/27/2019 at 04:00 PM before Judge James D. Peterson. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5504. (jat) |
| Filing 4 Notice by Plaintiff Harley-Davidson Credit Corp. re: #3 Ex Parte Motion for Order to Show Cause. (Ex Parte Document) Letter Respectfully Requesting 24 Hours' Notice of the Date and Time of Any Hearing or Oral Argument. (Fleming, Daniel) |
| Filing 3 Disregard. See #5 - #8 . (Ex Parte Document) Modified on 2/27/2019. (lak) |
| Filing 2 Corporate Disclosure Statement by Plaintiff Harley-Davidson Credit Corp. (Fleming, Daniel) |
| Filing 1 COMPLAINT against H2D Motorcycle Ventures LLC, JHD Holdings, Inc., Sara J. Pomeroy, ( Filing fee $ 400 receipt number 0758-2416468.), filed by Harley-Davidson Credit Corp., (Attachments: #1 Exhibit A - Customer Financing Agreement, #2 Exhibit B - Fax Cover Sheet and UCC Financing Statements (Appearing Sideways), #3 Exhibit C - Continuing Guaranty, #4 Exhibit D - Collateralized Guaranty (See #11 .), #5 Exhibit E - Customer Financing Agreement, #6 Exhibit F - Fax Cover Sheet and Documents (See #11 .), #7 Exhibit G - Collateralized Guaranty (See #11 .), #8 Exhibit H - Continuing Guaranty (See #11 .), #9 Exhibit I - Letter dated October 23, 2018, #10 Exhibit J - Letter dated October 23, 2018, #11 Exhibit K - E-mail dated November 8, 2018, #12 Exhibit L - E-mail dated January 3, 2019, #13 Exhibit M - E-mail dated January 3, 2019, #14 Exhibit N - E-mail dated January 18, 2019, #15 Exhibit O - Forbearance Agreement, #16 Exhibit P - Forbearance Agreement, #17 Exhibit Q - E-mail dated January 30, 2019, #18 Exhibit R - E-mal dated January 30, 2019, #19 Exhibit S - Document, #20 Exhibit T - E-mail dated January 31, 2019, #21 Exhibit U - E-mail dated February 4, 2019, #22 Exhibit V - Audit Report by Location, #23 Exhibit W - E-mail dated February 4, 2019, #24 Exhibit X - E-mail dated February 5, 2019, #25 Exhibit Y - E-mail dated February 6, 2019, #26 Exhibit Z - E-mail dated February 7, 2019, #27 Exhibit AA - E-mail dated February 14, 2019 (See #11 .), #28 Exhibit AB - Letter dated February 14, 2019 (See #11 .), #29 Exhibit AC - Letter dated February 14, 2019 (See #11 .), #30 Exhibit AD - Audit Report by Location, #31 JS-44 Civil Cover Sheet, #32 Summons as to Defendant JHD Holdings Inc., #33 Summons as to Defendant H2D Motorcycle Ventures LLC, #34 Summons as to Defendant Sara J. Pomeroy) (Fleming, Daniel) Modified on 2/27/2019: Added all exhibit descriptions. Several have pages that are sideways and must be refiled. Detailed e-mails sent to counsel. (lak) |
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