Caterpillar Financial Services Corporation v. Graham

Filing 30

ORDERED that, on or before April 30, 2015, Plaintiff shall inform the Court whether it intends to withdraw or advance its motion for summary judgment. Further ordered that, on or before April 30, 2015, Defendant Kight shall file a response to Plaintiff's motion for summary judgment or an otherwise responsive pleading. (Compliance due by 4/30/2015). Signed by Judge Dudley H. Bowen on 4/2/15. (cmr)

ORIGINAL

F'LEO
U.S.
DISTBICT
COURT
rHE
AUnUSTlolv.

THE I'NITED STATES DISTRICT COURT FOR
SOUTHERN DISTRICT OF GEORGIA
DUBI,IN DIVISION

IN

2015 -2. Att 35
APR
lt:

CATERPILLAR FINANCIAL
SERVICES CORPORATION.

Pfaintiff,

c v 3 1 4- 0 2 3
.]OSHUA KIGHT,
in his official
as Conservator
.l

a

Aa

capaciLy
for

alrrh:m

De fendanE

ORDER

filed

On March 6, 2014, Plaintiff
purportedly

amouncs

colfect

owed by

Ehen Defendant

Graham ("Graham") as personal- guarantor
that

notes

were secured

SepEember 24,
ilr.l.rman|-

20!4,

lD.).

by heavy

PLaint.iff

n6

I?

to multiple

equipment.
f il-ed

)

1-6, 2014,

Graham's

Claude

commercial

as collateral

a

motion

wcre

Resnonses

seeking t.o

a complaint

due

summary

for
On

. On

oI.

befOfe

October 20, 2014.
on october
motion

to

that

of

although
purported

dementsia.
the

legal-

guaranLee

(Doc.
issues
are

by

deadline

complicat j-ons rel-ated

address
onset

extend

no!

no,

counsel

to

days

Graham's

21 .)

regarding

sixty

f il,ed

a consent

in

earl-y

order

rapid

and

Counsel- asserted
the

complicated,

enforcement
the

to

Lhat,
of

liquidation

the
of

the

of

amount

the

loan

outsstanding

claim

is

complicated
the

agreements,

Lhe number

by

numerous separaLe

, and Graham's Chapter Ll- bankruptcy

collateral
recentl-y

been converted
granted

The Court

t.he extension

December

substitute

the

of

that

had
(Id.)

case.
deadfine

for

(Doc. no. 22.)

December 20, 2Of4.
On

and reset

sales

filing

to a Chapter 7 liquidation

l-8,

2014,

Joshua Kight,

Graham's

Conservat.or
(Doc. no.

Graham ("Kight,,),

necessitated

by Graham's severe dement.ia, which eliminated

to manage his

also

requested

filing

his

judgment.

under

matter

to

craham's

of

commercial

Pl-aintiff

significant

t.hat if

Graham as Defendant

in

agreement

regarding

a consent

agreement

must

County,

Georgia.

be

this

approved

Upon that

by

judgment,
the

court,s

had

anticipated

case and if

his

for

summary
Kight

regarding

remaining

and

Kight

for

issues

additional

bal-ance

relayed

his

resolving

the
(Id. )

litigation.
were substituted
the parties
then

Probate

as
was

dead]ine

the Court. that

purporLed

. The parties

counsel- explained

the

motion

contracts,

to

Graham's counsel-

identified
the

substitution

of

Counsel informed

calculation

witshout

Plaintiff's

discovery,

aIl

multiple

concerns

t'o

This

affairs.

a t.hree monLh extension

(Doc. no. 24.)

's

Pl-aintiff

own financial-

response

reviewed

23.)

moved

this

had

case.

for

counsef

Defendant in

capacity

of

that
Court

approval , Kight

for

reach

an

settlement'
for

Dodge

would be

authorized

to execute
judgment.

consent
requested

his

any settlement
For

deadl-ine

those

reasons,

respond

to

summary j udgment be extended

agreement and encry of a

to

Plaintiff's

of part.ies

pursuant

and extended

to

Rule of

Federal

t,he dead]ine

granted

to March 23,
now passed

26.1

ThaL deadl-ine

filed

no response to P1aint.if f 's motion
IS

has

THEREFOREORDEREDthat,

Plaint.if

withdraw

f

shaLL inform

or advance its

the

motion

Defendant

Kight

shall

motion
against.

for

faifs

to

do

so,

summary j udgnen!

20a5.

(Doc. nos.
Kight

25 &
has

summary judgmenE.

for

before

whether

on or before

the

25 (b)

Procedure

April

30,

it. intends

to

summary judgment.

f il-e a response

Court

to

April

Plaintiff's

responsive

30, 2015,
motion

pleading.

as unopposed

Georgia,

If

may deem Plaintiff,
and enter

judgment

Defendant.

ORDEREIfrfERED at Augusta,
20L5

for

substitution

CiviL

on or

summary j udgment or an otherwise

Defendant

the

and Defendant

Court

for

IT IS FURTHERORDERED
that,

for

motion

from Decembe:r 20, 2014, to March

For good cause shown, the Court

2015,

counsel

(rd. )

23, 2O!5.

IT

Graham's

this

2"d day of April,

s