Nissan Motor Acceptance Corporation v. Corley Nissan, LLC et al
| New Mexico District Court | |
| Judge: | Kea W Riggs |
| Referred: | Laura Fashing |
| Case #: | 1:19-cv-00427 |
| Nature of Suit | 150 Contract - Recovery of Overpayment & Enforcement of Judgment |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | May 09, 2019 |
| Last checked: Tuesday Nov 05, 2019 1:38 AM MST |
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Defendant
Eddie B. Corley, Sr.
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Represented By
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Defendant
Corley Automotive Group, Inc.
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Represented By
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Defendant
Corley Nissan, LLC
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Represented By
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Defendant
Debora M. Money
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Represented By
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Plaintiff
Nissan Motor Acceptance Corporation
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Represented By
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| Docket last updated: 07/05/2024 11:59 PM MDT |
| Wednesday, January 29, 2020 | ||
| 41 | 41
NOTICE of Voluntary Dismissal of Case by Nissan Motor Acceptance Corporation (Harrigan, Ryan)
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| Friday, January 17, 2020 | ||
| 39 | 39
STATUS REPORT by Nissan Motor Acceptance Corporation (Harrigan, Ryan)
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| ORDER by Magistrate Judge Laura Fashing. Pursuant to Fed. R. Civ. P. 16 (b)(2) and based on the request of the parties, the Court finds good cause to delay entering a scheduling order at this time to allow the parties additional time to attempt to resolve this matter without further Court intervention. IT IS THEREFORE ORDERED that the parties are to file a status report no later than 2/21/2020 if closing documents have not been filed by that time. The status report should address the status of negotiations, and the need for a scheduling order. Status Report due by 2/21/2020. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) | ||
| Friday, January 03, 2020 | ||
| PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Chief District Judge William P. Johnson no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) | ||
| Friday, December 20, 2019 | ||
| ORDER by Magistrate Judge Laura Fashing. Pursuant to Fed. R. Civ. P. 16 (b)(2) and based on the request of the parties, the Court finds good cause to delay entering a scheduling order at this time to allow the parties additional time to attempt to resolve this matter without further Court intervention. IT IS THEREFORE ORDERED that the parties are to file a status report no later than 1/21/2020 if closing documents have not been filed by that time. The status report should address the status of negotiations, and the need for a scheduling order. Status Report due by 1/21/2020. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) | ||
| Thursday, December 19, 2019 | ||
| 36 | 36
STATUS REPORT by Nissan Motor Acceptance Corporation (Harrigan, Ryan)
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| Wednesday, September 18, 2019 | ||
| 34 | 34
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Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 9/18/2019. (ccp)
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| ORDER by Magistrate Judge Laura Fashing. Pursuant to Fed. R. Civ. P. 16 (b)(2) and based on the concurrence of the parties, the Court finds good cause to delay entering a scheduling order at this time to allow the parties additional time to attempt to resolve this matter without further Court intervention.STATUS REPORT ORDER by Magistrate Judge Laura Fashing. The parties are hereby ordered to file a status report no later than 12/18/2019 if closing documents have not been filed by that time. The status report should address the status of negotiations, and the need for a scheduling order. Status Report due by 12/18/2019. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) | ||
| Friday, August 09, 2019 | ||
| 33 | 33
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ORDER by Magistrate Judge Laura Fashing VACATING the telephonic Status Conference set for 8/21/2019 at 02:00 PM in Albuquerque and RESCHEDULING it for 9/18/2019 at 03:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda)
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| Friday, July 26, 2019 | ||
| 32 | 32
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ORDER by Magistrate Judge Laura Fashing setting a telephonic Status Conference for 8/21/2019 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (pv)
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| Thursday, June 20, 2019 | ||
| 31 | 31
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PRELIMINARY INJUNCTION ORDER by Chief District Judge William P. Johnson. (mag)
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Att: 1
Exhibit Preliminary Injunction Exhibit,
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Att: 2
Exhibit Preliminary Injunction Exhibit
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| Friday, June 14, 2019 | ||
| 30 | 30
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STIPULATION Re Preliminary Injunction Order by Nissan Motor Acceptance Corporation (Harrigan, Ryan)
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| Thursday, June 06, 2019 | ||
| 29 | 29
Clerk's Minutes for proceedings held before Chief District Judge William P. Johnson: Motion Hearing held on 6/6/2019 re12 MOTION for Writ of Replevin or, in the Alternative, Injunctive Relief filed by Nissan Motor Acceptance Corporation. (Court Reporter M. Loughran) (meq)
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| 28 | 28
NOTICE of Appearance by Mark D. Jarmie on behalf of Eddie B. Corley, Sr, Corley Automotive Group, Inc., Corley Nissan, LLC, Debora M. Money (Jarmie, Mark)
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| Wednesday, June 05, 2019 | ||
| 27 | 27
NOTICE of Appearance by Frank T Apodaca on behalf of Nissan Motor Acceptance Corporation (Apodaca, Frank)
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| Tuesday, June 04, 2019 | ||
| 26 | 26
AFFIDAVIT of Service for Order Setting Preliminary Injunction Hearing and Directing Plaintiff to Give Defendants Notice served on Corley Automotive Group, Inc. on June 3, 2019, filed by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| 25 | 25
AFFIDAVIT of Service for Order Setting Preliminary Injunction Hearing and Directing Plaintiff to Give Defendants Notice served on Debora M. Money on June 3, 2019, filed by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| 24 | 24
AFFIDAVIT of Service for Order Setting Preliminary Injunction Hearing and Directing Plaintiff to Give Defendants Notice served on Eddie B. Corley, Sr. on June 3, 2019, filed by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| 23 | 23
AFFIDAVIT of Service for Order Setting Preliminary Injunction Hearing and Directing Plaintiff to Give Defendants Notice served on Corley Nissan, LLC on June 3, 2019, filed by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| Friday, May 31, 2019 | ||
| 22 | 22
NOTICE of Hearing on12 Motion for Writ of Replevin or, in the Alternative, Injunctive Relief : Motion Hearing set for 6/6/2019 at 10:30 AM in Albuquerque - 540 Bonito Courtroom before Chief District Judge William P. Johnson. The Court directs Plaintiff to serve a copy of this notice to adverse parties. (mag)
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| 21 | 21
AFFIDAVIT of Service for Motion for Writ of Replevin or Injunctive Relief, Memorandum, Affidavit, Ex Parte Application for Hearing, Notices of Judge Assignment served on Corley Automotive Group, Inc. on May 29, 2019, filed by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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AFFIDAVIT of Service for Motion for Writ of Replevin or Injunctive Relief, Memorandum, Affidavit, Ex Parte Application for Hearing, Notices of Judge Assignment served on Debora M. Money on May 29, 2019, filed by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| 19 | 19
AFFIDAVIT of Service for Motion for Writ of Replevin or Injunctive Relief, Memorandum, Affidavit, Ex Parte Application for Hearing, Notices of Judge Assignment served on Eddie B. Corley, Sr. on May 29, 2019, filed by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| 18 | 18
AFFIDAVIT of Service for Motion for Writ or Injunctive Relief, Memorandum, Affidavit, Ex Parte Application for Hearing, Notices of Judge Assignment served on Corley Nissan, LLC on May 29, 2019, filed by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| Thursday, May 23, 2019 | ||
| PLEASE TAKE NOTICE that this case has been reassigned to Chief District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Sr. District Judge Robert C. Brack no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) | ||
| Wednesday, May 22, 2019 | ||
| 15 | 15
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Ex Parte MOTION for Hearing re12 MOTION for Writ of Replevin or, in the Alternative, Injunctive Relief by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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AFFIDAVIT re12 MOTION for Writ of Replevin or, in the Alternative, Injunctive Relief ,13 Memorandum in Support of Motion for Writ of Replevin or, in the Alternative, Injunctive Relief by Nissan Motor Acceptance Corporation (Harrigan, Ryan)
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Att: 1
Exhibit A - Wholesale Agreement,
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Att: 2
Exhibit B - UCC Financing Statement,
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Att: 3
Exhibit C - Sign Lease Agreement,
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Att: 4
Exhibit D - January 10, 2019 Letter,
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Att: 5
Exhibit E - Forbearance Agreement,
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Att: 6
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Exhibit F - List of SOT Vehicles,
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Att: 7
Exhibit G - List of Vehicle Collateral,
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Att: 8
6 pgs
Exhibit H - Dealer Financial Statement,
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Att: 9
Exhibit I - Continuing Guaranty Agreements
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| 13 | 13
MEMORANDUM in Support re12 MOTION for Writ of Replevin or, in the Alternative, Injunctive Relief filed by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| 12 | 12
MOTION for Writ of Replevin or, in the Alternative, Injunctive Relief by Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| PLEASE TAKE NOTICE that this case has been reassigned to Sr. District Judge Robert C. Brack as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Steven C. Yarbrough no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) | ||
| Tuesday, May 21, 2019 | ||
| 11 | 11
SUMMONS Returned Executed by Nissan Motor Acceptance Corporation. Corley Automotive Group, Inc. served on 5/20/2019, answer due 6/10/2019. (Harrigan, Ryan)
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| 10 | 10
SUMMONS Returned Executed by Nissan Motor Acceptance Corporation. Eddie B. Corley, Sr served on 5/20/2019, answer due 6/10/2019. (Harrigan, Ryan)
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| 9 | 9
SUMMONS Returned Executed by Nissan Motor Acceptance Corporation. Corley Nissan, LLC served on 5/20/2019, answer due 6/10/2019. (Harrigan, Ryan)
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| 8 | 8
SUMMONS Returned Executed by Nissan Motor Acceptance Corporation. Debora M. Money served on 5/17/2019, answer due 6/7/2019. (Harrigan, Ryan)
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| Monday, May 13, 2019 | ||
| 7 | 7
Corporate Disclosure Statement by Nissan Motor Acceptance Corporation identifying Corporate Parent Nissan North America, Inc. for Nissan Motor Acceptance Corporation. (Harrigan, Ryan)
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| Friday, May 10, 2019 | ||
| 6 | 6
NOTICE by Nissan Motor Acceptance Corporation of Association and Appearance of Attorneys Licensed Outside the District (Harrigan, Ryan)
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| Magistrate Judge Steven C. Yarbrough and Magistrate Judge Laura Fashing assigned. (mnb) | ||
| PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mnb) | ||
| Summons Issued as to Eddie B. Corley, Sr, Corley Automotive Group, Inc., Corley Nissan, LLC, Debora M. Money. (mnb) | ||
| Thursday, May 09, 2019 | ||
| 1 | 1
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COMPLAINT for Breach of Wholesale Agreement, Claim and Delivery, Injunctive Relief, Specific Performance, Breach of Sign Lease Agreement, and Breach of Guaranty against Nissan Motor Acceptance Corporation ( Filing Fee - Online Payment), filed by Nissan Motor Acceptance Corporation.(Harrigan, Ryan)
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A -Wholesale Agreement,
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Att: 3
Exhibit B - UCC Financing Statement,
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Att: 4
Exhibit C - Sign Lease Agreement,
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Att: 5
Exhibit D - January 10, 2019 Letter,
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Att: 6
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Exhibit E - Forbearance Agreement,
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Att: 7
Exhibit F - List of SOT Vehicles,
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Att: 8
Exhibit G - List of Vehicle Collateral,
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Att: 9
Exhibit H - Dealer Financial Statement,
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Att: 10
Exhibit I - Continuing Guaranty Agreements
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| Filing and Administrative Fees Received: $ 400 receipt number 1084-6424284 re1 Complaint,, filed by Nissan Motor Acceptance Corporation (Payment made via Pay.gov)(Harrigan, Ryan) | ||
| ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Nissan Motor Acceptance Corporation by Ryan Hart Harrigan on behalf of: Duane M. Geck Severson & Werson One Embarcadero Center, Suite 2600 San Francisco, CA 94111 (415) 398-3344 dmg@severson.com (Association Dues - Online Payment) (Harrigan, Ryan) | ||
| ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Nissan Motor Acceptance Corporation by Ryan Hart Harrigan on behalf of: Donald H. Cram Severson & Werson One Embarcadero Center, Suite 2600 San Francisco, CA 94111 (415) 398-3344 dhc@severson.com (Association Dues - Online Payment) (Harrigan, Ryan) | ||
| ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Nissan Motor Acceptance Corporation by Ryan Hart Harrigan on behalf of: Andrew S. Elliott Severson & Werson One Embarcadero Center, Suite 2600 San Francisco, CA 94111 (415) 398-3344 ase@severson.com (Association Dues - Online Payment) (Harrigan, Ryan) | ||
| Association Dues Received: $ 100 receipt number 1084-6424305 re: # 2 Association of Attorney Licensed Outside the District, filed by Nissan Motor Acceptance Corporation (Payment made via Pay.gov)(Harrigan, Ryan) | ||
| Association Dues Received: $ 100 receipt number 1084-6424307 re: # 3 Association of Attorney Licensed Outside the District, filed by Nissan Motor Acceptance Corporation (Payment made via Pay.gov)(Harrigan, Ryan) | ||
| Association Dues Received: $ 100 receipt number 1084-6424308 re: # 4 Association of Attorney Licensed Outside the District, filed by Nissan Motor Acceptance Corporation (Payment made via Pay.gov)(Harrigan, Ryan) | ||