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17-1768 - TCF Inventory Finance, Inc. v. Marker Oil Company, Inc. et al


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17-1768 - TCF Inventory Finance, Inc. v. Marker Oil Company, Inc. et al
September 1, 2017
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TEMPORARY RESTRAINING ORDER signed by District Judge John A. Mendez on 8/31/17. TCFIF shall post a bond in the amount of $1,000,000.00 (one million dollars). This Temporary Restraining Order shall expire on 9/13/2017 unless otherwise extended by this Court. A Preliminary Injunction Hearing is SET for 9/12/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. The Court will also hear TCFIF's application for a writ of possession on 9/12/2017 at 01:30 PM. Any response to the application and entry of a preliminary injunction and to the application for writ of possession shall be filed and served on or before 9/6/2017 at 5:00 p.m. FCFIF may file a reply by 9/8/2017 at 5:00 p.m. (Kastilahn, A) (Main Document 14 replaced on 9/1/2017) (Kastilahn, A). Modified on 9/6/2017 (Kastilahn, A).
September 11, 2017
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ORDER for WRIT of POSSESSION signed by District Judge John A. Mendez on 9/11/2017 ORDERING defendant Marker Oil Company Inc. to TRANSFER possession of the property described in Exhibit 1 and any keys, titles, manufacturer's statement or certificate of origin, and other documentation relating to the property described in Exhibit 1 to TCFIF without delay. It is FURTHER ORDERED that the Clerk shall issue a Writ of Possession DIRECTING the United States Marshal to seize and deliver the property described in Exhibit 1 to TCFIF. The United States Marshal may enter 205 N. Main Street, Alturas, CA 96101 to take possession of the property listed in Exhibit 1. (Donati, J)
September 29, 2017
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DEFAULT JUDGMENT against Marker Oil Company, Inc. and Billy Leon Marker, Jr. in the principal amount of $1,071,192.69. (Benson, A.)
November 27, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 11/26/2017 ORDERING Within 21 days of the 11/17/2017 hearing, defendant Billy Marker Jr., shall file statement addressing whether he intends to defend this action if plaintiff's 26 motion to vacate the Clerk's entry of default judgment is granted; Within 28 days of the 11/17/2017 hearing, plaintiff shall file a statement; The Clerk of the Court shall enter the appearance of Billy Marker Jr., and serve a copy of this order on him. (Reader, L)
February 12, 2018
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e 2/16/18 hearing of Plaintiff's Motion is VACATED. (Mena-Sanchez, L)ORDER signed by Magistrate Judge Deborah Barnes on 2/9/18 ORDERING that Plaintiff's 1/18/18 Motion for leave to file a sur-reply 35 is GRANTED. The undersigned will consider Plaintiff's sur-reply filed on 1/18/18 (ECF No. 35-1); and Th
April 5, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/5/2018 RECOMMENDING that 26 motion to vacate the Clerk's entry of default judgment be granted, 25 default judgment be vacated, 26 motion for default judgment by the Court be denied without prejudice to renewal, and Defendants be ordered to file a motion seeking to set aside the entry of default within 14 days of an order adopting these findings and recommendations. Referred to District Judge John A. Mendez.Objections due within 14 days after being served with these findings and recommendations. (York, M)
April 12, 2018
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ORDER signed by District Judge John A. Mendez on 4/11/2018 GRANTING 38 Motion for Contempt. The Court SANCTIONS Defendants, jointly and severally, and orders them to pay $139,653.28 to TCFIF within 30 days after entry of this order as compensation for the eight units. The Court further orders Defendants, jointly and severally, to pay an additional $15,000.00 to TCFIF within 30 days after entry of this order as reimbursement to TCFIF for its reasonable attorneys' fees and costs. (Zignago, K.)
May 4, 2018
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ORDER signed by District Judge John A. Mendez on 5/4/18 GRANTING Final Default Judgment. (Kaminski, H)
May 8, 2018
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40. (Fabillaran, J)FINAL JUDGMENT signed by District Judge John A. Mendez on 5/8/2018 in favor of Plaintiff TCF Inventory Finance, Inc. and against Defendants Marker Oil Company, Inc, and Billy Leon Marker, Jr., jointly and severally, in the amount of $1,079,110.