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)

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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

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