| Save 25% on a pre-paid one year subscription. |
|
|
 37 |
Filed: 7/7/2016, Entered: 7/7/2016 |
|
|
STIPULATION of Dismissal by Wells Fargo Equipment Finance, Inc.. (Himelfarb, David)
|
|
 Request |
 |
|
|
| 36 |
Filed: 3/30/2016, Entered: 3/30/2016 |
|
|
JOINT SUBMISSION pursuant to Local Rule 16.1 by Wells Fargo Equipment Finance, Inc..(Himelfarb, David)
|
|
Request |
|
|
|
| 35 |
Filed: 3/3/2016, Entered: 3/3/2016 |
 |
|
Judge Mark G. Mastroianni: JOINT STIPULATION AND ORDER Approved, cc:cl. (Healy, Bethaney)
|
|
Request |
|
|
|
| 34 |
Filed: 3/3/2016, Entered: 3/3/2016 |
|
|
Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 33 Motion to Continue and for Entry of Joint Stipulation and Order. Allowed. The Status Conference has been continued to March 18, 2016 at 11:00 AM in Franklin Courtroom. (Healy, Bethaney)
|
|
|
|
|
|
| 33 |
Filed: 3/2/2016, Entered: 3/2/2016 |
|
|
Joint MOTION to Continue Status Conference to March 14, 2016 and, Joint MOTION for Order to Enter the Parties' Joint Stipulation and Order as an Order of the Court ( Responses due by 3/16/2016) by Wells Fargo Equipment Finance, Inc.. (Attachments: # 1 Text of Proposed Order (Joint Stipulation and Proposed Order))(Himelfarb, David)
|
|
Request |
|
|
|
| 32 |
Filed: 3/2/2016, Entered: 3/2/2016 |
|
|
ELECTRONIC NOTICE OF RESCHEDULING ISSUED. The Status Conference originally set for March 3, 2016 is hereby continued to March 18, 2016 at 11:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Healy, Bethaney)
|
|
|
|
|
|
| 31 |
Filed: 2/10/2016, Entered: 2/10/2016 |
|
|
SUMMONS to Trustee Returned Executed People's United Bank served on 1/22/2016, answer due 2/12/2016. (Himelfarb, David)
|
|
Request |
|
|
|
| 30 |
Filed: 2/10/2016, Entered: 2/10/2016 |
|
|
SUMMONS to Trustee Returned Executed Crestmark Bank served on 1/22/2016, answer due 2/12/2016. (Himelfarb, David)
|
|
Request |
|
|
|
| 29 |
Filed: 2/10/2016, Entered: 2/10/2016 |
|
|
SUMMONS Returned Executed Matuszko Trucking, Inc., served on 1/22/2016, answer due 2/12/2016. (Himelfarb, David)
|
|
Request |
|
|
|
| 28 |
Filed: 2/9/2016, Entered: 2/9/2016 |
|
|
ANSWER to 2 Complaint, by Matuszko Trucking, Inc.,.(Basch, Adam)
|
|
Request |
|
|
|
| 27 |
Filed: 1/28/2016, Entered: 1/28/2016 |
|
|
Set/Reset Hearings: Status Conference set for 3/3/2016 at 11:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Healy, Bethaney)
|
|
|
|
|
|
| 26 |
Filed: 1/28/2016, Entered: 1/28/2016 |
|
|
Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Counsel appear for Motion Hearing held on 1/28/2016 re 4 Motion for Trustee Process, Motion for Installation of GPS Tracking, and for Replevin. Attorney Himelfarb moves orally to unseal the case. Attorney Basch has no objection. Court allows the unsealing of the case. Arguments heard. Order to issue. Defendant shall file its answer by February 11, 2016. Counsel shall appear for a status conference on March 3, 2016, at 11:00 a.m. (Court Reporter: Alice Moran atalice.moran@verizon.net.)(Attorneys present: Himelfarb, Basch) (Healy, Bethaney)
|
|
|
|
|
|
| 25 |
Filed: 1/28/2016, Entered: 1/28/2016 |
|
|
Judge Mark G. Mastroianni: ORDER entered. FINAL ORDER OF GRANTING TRUSTEE PROCESS ATTACHMENT AND PLAINTIFF'S REQUEST FOR REPLEVIN. See the attached order for details. (Lindsay, Maurice)
|
|
Request |
|
|
|
| 24 |
Filed: 1/28/2016, Entered: 1/28/2016 |
|
|
AFFIDAVIT of Theodore Matuszko in Opposition to 4 Motion for Trustee Process, Motion for Installation of GPS Tracking, and for Replevin. (Healy, Bethaney)
|
|
Request |
|
|
|
| 23 |
Filed: 1/28/2016, Entered: 1/28/2016 |
|
|
Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 22 Motion to Unseal Case. (Healy, Bethaney)
|
|
|
|
|
|
| 22 |
Filed: 1/28/2016, Entered: 1/28/2016 |
|
|
ORAL MOTION (made during oral arguments) to Unseal Case by Wells Fargo Equipment Finance, Inc. (Healy, Bethaney)
|
|
|
|
|
|
| 20 |
Filed: 1/27/2016, Entered: 1/27/2016 |
|
|
REVISED - DISCLOSURE UNDER OATH of Trustee Ann Marie Mavin by People's United Bank. (Lindsay, Maurice)
|
|
Request |
|
|
|
| 19 |
Filed: 1/27/2016, Entered: 1/27/2016 |
|
|
DISCLOSURE of Trustee Leie Hamilton by People's United Bank. (Lindsay, Maurice)
|
|
Request |
|
|
|
| 18 |
Filed: 1/27/2016, Entered: 1/27/2016 |
|
|
NOTICE of Appearance by Adam J. Basch on behalf of Matuszko Trucking, Inc., (Lindsay, Maurice)
|
|
Request |
|
|
|
| 17 |
Filed: 1/25/2016, Entered: 1/25/2016 |
|
|
Remark - Documents 12, 13, 15, & 16 e-mailed to the Pltf. on Friday, 1/22/2016. (Finn, Mary)
|
|
|
|
|
|
| 21 |
Filed: 1/22/2016, Entered: 1/28/2016 |
|
|
Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 8 Motion to Seal Document. Plaintiffs Motion for Impoundment (Dkt. No. 8) is ALLOWED as to the period from the date of this Order through the hearing to be held at 9:30 am on Thursday, January 28, 2016. This case and all related documents shall continue to be sealed during that time. Any request for the further extension of this Order will be considered at the hearing on January 28, 2016. (Healy, Bethaney)
|
|
|
|
|
|
| 16 |
Filed: 1/22/2016, Entered: 1/22/2016 |
|
|
Summons to Trustee Issued as to Crestmark Bank. (Finn, Mary)
|
|
Request |
|
|
|
| 15 |
Filed: 1/22/2016, Entered: 1/22/2016 |
|
|
Summons to Trustee Issued as to People's United Bank. (Finn, Mary) (Finn, Mary).
|
|
Request |
|
|
|
| 14 |
Filed: 1/22/2016, Entered: 1/22/2016 |
|
|
Set/Reset Hearings: Hearing on the Merits set for 1/28/2016 09:30 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Finn, Mary)
|
|
|
|
|
|
| 13 |
Filed: 1/22/2016, Entered: 1/22/2016 |
|
|
Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered Plaintiff has filed an Ex Parte Motion for trustee process attachment; a pre-trial replevin order; and/or an order compelling Defendant to allow GPS tracking devices to be installed on the trailers owned by Plaintiff and leased to Defendant. Upon consideration of the materials filed by Plaintiff, including the complaint and attached exhibits (Dkt. No. 2), Declaration of Henry C. Majel, Jr. (Dkt. No. 7); and Plaintiffs Memorandum of Law in support of its motion (Dkt. No. 6), the Court finds there is a reasonable likelihood Plaintiff will recover judgment in an amount equal to or greater than $ 286,005.20 and the nature of the claim makes it unlikely that there would be liability insurance available to satisfy a potential judgment. For these reasons, the court ALLOWS Plaintiffs Ex Parte Motion as to the request for trustee process attachment (Dkt. No. 4) and ORDERS an attachment on trustee process of all funds of Defendant, Matuszko Trucking, Inc., entrusted to or deposited in the hands or possession of the trustees, Peoples United Bank and Crestmark Bank, not to exceed the combined amount of $ 286,005.20, the amount of total arrearage owed by Defendant as of January 6, 2016. Plaintiff has also requested the court order pre-trial replevin and/or compel Defendant to grant Plaintiff access to the leased trailers so that Plaintiff may install GPS tracking devices on the trailers. The court DENIES Plaintiffs pre-trial replevin request at this time. Plaintiffs request to install GPS tracking devices is ALLOWED and the court ORDERS Defendant to provide Plaintiff with an accurate listing of the locations of all trailers leased under the 103, 104, and 105 leases within 24 hours of being served with a copy of this order and to grant Plaintiff access to all trailers so that Plaintiffs may equip each trailer with a GPS tracking unit at Plaintiffs expense. Once Defendant provides information regarding the locations of the trailers and grants Plaintiff access to them for the purpose of installing GPS tracking devices, the court further ORDERS that Plaintiff refrain from exercising any contractual rights to repossess the trailers extrajudiciously for the duration of this order. Notwithstanding Plaintiffs footnote 1 to their Memorandum in support of their motion (Dkt. No. 4), Plaintiffs decision to serve this order on Defendant will be construed as signifying its consent to the temporary limitation the order imposes on any extrajudicial remedies otherwise available to it under its contracts with Defendant. The parties are to appear before the court for a hearing on the merits, after which the court will decide whether to continue, modify, or withdraw the attachment and the order with respect to the trailers. The hearing is set for 9:30 am on Thursday, January 28, 2016. Plaintiff is to notify Defendant of the hearing by serving a copy of the complaint and this order on Defendant NO LATER than 9:30 am EST on Monday, January 25, 2016. It is So Ordered. (Finn, Mary)
|
|
Request |
|
|
|
| 12 |
Filed: 1/19/2016, Entered: 1/19/2016 |
|
|
Summons Issued as to Matuszko Trucking, Inc.,. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Finn, Mary)
|
|
Request |
|
|
|
| 11 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
ELECTRONIC NOTICE of Reassignment. Judge Mark G. Mastroianni added. Magistrate Judge Katherine A. Robertson no longer assigned to case. (Abaid, Kimberly)
|
|
|
|
|
|
| 10 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
Magistrate Judge Katherine A. Robertson: ORDER entered. ORDER OF RECUSAL. (Calderon, Melissa)
|
|
Request |
|
|
|
| 9 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
Filing fee/payment: $ 400.00, receipt number SPR002762 for 2 Complaint, (Lindsay, Maurice)
|
|
|
|
|
|
| 8 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
Ex Parte MOTION to Impound 6 Memorandum in Support of Motion, 7 Affidavit in Support of Motion, 2 Complaint, 4 MOTION for Trustee Process MOTION MOTION for Order, 5 Proposed Document(s) submitted, 3 Corporate Disclosure Statement, by Wells Fargo Equipment Finance, Inc..(Lindsay, Maurice)
|
|
Request |
|
|
|
| 7 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
DECLARATION of Henry C. Magel, Jr., in Support WFEF's 4 MOTION for Trustee Process MOTION MOTION for Order filed by Wells Fargo Equipment Finance, Inc.. (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 J, # 10 Exhibit K, # 11 Exhibit L)(Lindsay, Maurice)
|
|
Request |
|
|
|
| 6 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
MEMORANDUM of Law in Support of WFEF'S 4 MOTION for Trustee Process MOTION MOTION for Order filed by Wells Fargo Equipment Finance, Inc.. (Lindsay, Maurice)
|
|
Request |
|
|
|
| 5 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
Proposed Document(s) submitted by Wells Fargo Equipment Finance, Inc. Document received: Proposed Order on Plaintiff's 4 Motion for a Pre-Trial Replevin. (Lindsay, Maurice)
|
|
Request |
|
|
|
| 4 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
Plaintiff's MOTION for (1) An Ex-Parte Trustee Process Attachment; (2)MOTION for A Pre-Trial Replevin Order: and/or (3)MOTION for An Order Compelling the Defendant to Allow GPS Tracking Devices to be Installed on WFEF'S Trailers by Wells Fargo Equipment Finance, Inc..(Lindsay, Maurice) Modified on 1/15/2016 to change the first relief of the motion to MOTION for Trustee Process. (Finn, Mary). Added 2 additional reliefs MOTION Miscellaneous Relief, MOTION for Order on 1/15/2016 (Finn, Mary).
|
|
Request |
|
|
|
| 3 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
CORPORATE DISCLOSURE STATEMENT by Wells Fargo Equipment Finance, Inc. identifying Corporate Parent Wells Fargo Bank, N.A., Other Affiliate WFC Holdings Corp., Other Affiliate Charter Holdings, Inc., Other Affiliate Wells Fargo & Co. for Wells Fargo Equipment Finance, Inc. (Lindsay, Maurice)
|
|
Request |
|
|
|
| 2 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
COMPLAINT against Matuszko Trucking, Inc., filed by Wells Fargo Equipment Finance, Inc.,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Cover & Category Sheets)(Lindsay, Maurice)
|
|
Request |
|
|
|
| 1 |
Filed: 1/15/2016, Entered: 1/15/2016 |
|
|
NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. (Abaid, Kimberly)
|
|
|
|
Update
Alerts
