Case details

Court: scd
Docket #: 7:09-cv-00603
Case Name: Mitsubishi Motors Credit of America Inc v. Gibson et al
PACER case #: 165203
Date filed: 2009-03-10
Date terminated: 2011-07-08
Assigned to: Honorable J Michelle Childs
Case Cause: 28:1332 Diversity-Other Contract
Nature of Suit: 190 Contract: Other
Jury Demand: None
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Mitsubishi Motors Credit of America Inc
Plaintiff
John Witherspoon Foster
Kilpatrick Townsend and Stockton PO Box 11607 Columbia, SC 29211 803-744-3400 Fax: 803-765-0081 Email: jfoster@kilpatricktownsend.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew C Brandon
Kilpatrick Stockton 1100 Peachtree Street Suite 2800 Atlanta, GA 30309-4530 404-815-6048 Email: abrandon@kilpatrickstockton.com
TERMINATED: 06/09/2010 PRO HAC VICE

Burleigh L Singleton
Kilpatrick Stockton 1100 Peachtree Street Suite 2800 Atlanta, GA 30309-4530 404-815-6500 Fax: 404-815-6555 Email: bsingleton@kilpatrickstockton.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Paul M Gibson
Defendant
TERMINATED: 06/05/2009
Susan E Beasley
Defendant
as Trustee of the Susan E Beasley Revocable Trust
Andrew Todd Darwin
Holcombe Bomar Gunn and Bradford PO Box 1897 Spartanburg, SC 29304 864-585-4273 Fax: 864-585-3844 Email: tdarwin@holcombebomar.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Randy Lowell
Willoughby and Hoefer PO Box 8416 Columbia, SC 29202-8416 803-252-3300 Fax: 803-256-8062 Email: rlowell@willoughbyhoefer.com
TERMINATED: 12/04/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tracey Colton Green
Willoughby and Hoefer PO Box 8416 Columbia, SC 29202-8416 803-252-3300 Fax: 803-256-8062 Email: tgreen@willoughbyhoefer.com
TERMINATED: 12/04/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan E Beasley Revocable Trust
Defendant
Andrew Todd Darwin
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Randy Lowell
(See above for address)
TERMINATED: 12/04/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tracey Colton Green
(See above for address)
TERMINATED: 12/04/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Justice for Consumers LLC
Intervenor
TERMINATED: 02/28/2011
Susan F Campbell
McGowan Hood and Felder 1517 Hampton Street Columbia, SC 29201 803-779-0100 Email: scampbell@mcgowanhood.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew J Johnston
Andrew Johnston Law Office PO Box 3252 Spartanburg, SC 29304 864-591-1093 Fax: 864-591-1371 Email: ajohnston@spartanburglegal.com
ATTORNEY TO BE NOTICED

John M Read , IV
Pillsbury and Read Law Firm 1204-A E Washington Street Greenville, SC 29601 864-241-9828 Fax: 864-241-9818 Email: jread@prlawpa.com
ATTORNEY TO BE NOTICED

Patrick Eugene Knie
Knie Law Firm PO Box 5159 Spartanburg, SC 29304 864-582-5118 Fax: 864-585-1615 Email: pknie@knielaw.com
ATTORNEY TO BE NOTICED

Rodney F Pillsbury
Pillsbury Law Firm 111 Toy St Greenville, SC 29601 864-271-3511 Fax: 864-271-3590 Email: rpillsbury@prlawpa.com
ATTORNEY TO BE NOTICED

William E Hopkins , Jr
Beasley Allen Crow Methvin Portis and Miles PO Box 4160 Montgomery, AL 36104 334-269-2343 Fax: 334-954-7555 Email: bill.hopkins@beasleyallen.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1 0 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 1983330.), filed by Mitsubishi Motors Credit of America Inc. (Attachments: # 1 Exhibit A Automotive Agreement, # 2 Exhibit B Automotive Guaranty, # 3 Exhibit C Reaffirmation of Guarantors, # 4 Exhibit D Agreements, # 5 Exhibit E Suzuki Guaranty, # 6 Exhibit F Title to Real Estate)(awil) (Entered: 03/10/2009)
3 0 Local Rule 26.01 Answers to Interrogatories by Mitsubishi Motors Credit of America Inc.(awil) (Entered: 03/10/2009)
4 0 Summons Issued as to Paul M Gibson. (awil) (Entered: 03/10/2009)
5 0 Summons Issued as to Susan E Beasley Revocable Trust. (awil) (Entered: 03/10/2009)
6 0 Summons Issued as to Susan E Beasley. (awil) (Entered: 03/10/2009)
7 0 SUMMONS Returned Executed by Mitsubishi Motors Credit of America Inc. Paul M Gibson served on 3/12/2009, answer due 4/1/2009. (Foster, John) (Entered: 03/26/2009)
8 0 SUMMONS Returned Executed by Mitsubishi Motors Credit of America Inc. Susan E Beasley served on 3/12/2009, answer due 4/1/2009. (Foster, John) (Entered: 03/26/2009)
9 0 SUMMONS Returned Executed by Mitsubishi Motors Credit of America Inc. Susan E Beasley Revocable Trust served on 3/12/2009, answer due 4/1/2009. (Foster, John) (Entered: 03/26/2009)
10 0 ANSWER to 1 Complaint, by Susan E Beasley, Susan E Beasley Revocable Trust.(Green, Tracey) . Modified on 4/1/2009 to correct case number on document as verified by filing user (awil). (Entered: 04/01/2009)
11 0 Local Rule 26.01 Answers to Interrogatories by Susan E Beasley, Susan E Beasley Revocable Trust.(Green, Tracey). Modified on 4/1/2009 to correct case number on document as verified by filing user (awil). (Entered: 04/01/2009)
15 0 SCHEDULING ORDER Rule 26(f) Conference Deadline 4/21/2009, 26(a) Initial Disclosures due by 5/5/2009, Rule 26 Report due by 5/5/2009, Amended Pleadings due by 6/15/2009, Plaintiffs ID of Expert Witness due by 7/15/2009, Defendants ID of Expert Witnesses Due by 8/14/2009, Records Custodian Affidavit due by 8/14/2009, Discovery due by 9/14/2009, Motions due by 9/28/2009, Rule 26(a)(3) Disclosures due by 12/4/2009, Jury Selection Deadline 1/5/2010. Signed by Honorable Henry M Herlong, Jr on 4/1/09. (awil) (Entered: 04/01/2009)
16 0 CERTIFICATE OF SERVICE by Susan E Beasley, Susan E Beasley Revocable Trust re 10 Answer to Complaint, 11 Local Rule 26.01 Answers to Interrogatories (Green, Tracey) . Modified on 4/2/2009 to replace incorrect document with correct document as provided by filing user (awil). (Entered: 04/02/2009)
20 0 REQUEST FOR ENTRY OF DEFAULT byMitsubishi Motors Credit of America Inc. (Foster, John) (Entered: 04/27/2009)
21 0 Clerk's ENTRY OF DEFAULT as to Paul M Gibson. (awil) (Entered: 04/28/2009)
22 0 Joint Rule 26(f) Report by Mitsubishi Motors Credit of America Inc., Susan E. Beasley, Susan E. Beasley Revocable Trust(Foster, John) Modified to add filers listed on document on 5/6/2009 (alew, ). (Entered: 05/05/2009)
23 0 MEDIATION ORDER Mediation Due by 9/21/2009. Signed by Honorable Henry M Herlong, Jr on 5/7/09. (awil) (Entered: 05/07/2009)
24 0 MOTION for Entry of Default Judgment Against Defendant Paul M. Gibson by Mitsubishi Motors Credit of America Inc. Response to Motion due by 5/29/2009 (Attachments: # 1 Ex. A to Motion, # 2 Ex. B to Motion, # 3 Memorandum in Support of Motion, # 4 Declaration of Jason E. Boyd)Proposed order is being emailed to chambers with copy to opposing counsel(Foster, John) Modified on 5/12/2009 to remove proposed orders (awil). (Entered: 05/11/2009)
25 0 Amended MOTION for Default Judgment as to Paul M. Gibson by Mitsubishi Motors Credit of America Inc. Response to Motion due by 6/1/2009 (Attachments: # 1 Memo in Support of Motion for Entry of Default, # 2 Declaration of Jason E. Boyd)Proposed order is being emailed to chambers with copy to opposing counsel(Foster, John) (Entered: 05/12/2009)
28 0 ORDER granting 25 Motion for Default Judgment as set out. Signed by Honorable Henry M Herlong, Jr on 6/5/09.(awil) (Entered: 06/05/2009)
29 0 DEFAULT JUDGMENT in favor of Mitsubishi Motors Credit of America Inc against Paul M Gibson. (awil) (Entered: 06/05/2009)
32 0 WRIT OF EXECUTION Against Paul M. Gibson in the amount as set out. (awil) (Entered: 06/24/2009)
33 0 PLAINTIFF'S ID OF EXPERT WITNESSES by Mitsubishi Motors Credit of America Inc.(Foster, John) (Entered: 07/15/2009)
34 0 Joint MOTION for Extension of Time (Joint Motion to Modify Certain Deadlines In the Court's April 1, 2009 Conference and Scheduling Order) by Mitsubishi Motors Credit of America Inc. Response to Motion due by 8/25/2009 Proposed order is being emailed to chambers with copy to opposing counsel(Foster, John). Modified on 8/11/2009 to replace document with corrected signature as provided by filing user (awil). (Entered: 08/07/2009)
37 0 AMENDED SCHEDULING ORDERDefendants ID of Expert Witnesses Due by 8/14/2009, Records Custodian Affidavit due by 8/14/2009, Discovery due by 12/1/2009, Motions due by 12/16/2009, Rule 26(a)(3) Disclosures due by 1/29/2010, Jury Selection Deadline 3/2/2010. Signed by Honorable Henry M Herlong, Jr on 8/11/09. (awil) (Entered: 08/12/2009)
39 0 DEFENDANT'S ID OF EXPERT WITNESSES by Susan E Beasley, Susan E Beasley Revocable Trust.(Green, Tracey) (Entered: 08/14/2009)
41 0 MOTION to Appear Pro Hac Vice by Andrew C. Brandon ( Filing fee $ 250 receipt number 04200000000002270935) by Mitsubishi Motors Credit of America Inc. Response to Motion due by 9/15/2009 No proposed order(Foster, John) (Main Document 41 replaced on 9/2/2009) (awil). Modified on 9/2/2009 to replace incorrect document with corrected document as provided by filing user (awil). (Entered: 08/28/2009)
43 0 TEXT ORDER granting 41 Motion to Appear Pro Hac Vice. Entered by Honorable Henry M Herlong, Jr on 9/2/09.(awil) (Entered: 09/02/2009)
45 0 Joint MOTION for Extension of Time to Conduct Mediation by Mitsubishi Motors Credit of America Inc, Susan E. Beasley and Susan E. Beasley Revocable Trust. Response to Motion due by 10/2/2009 Proposed order is being emailed to chambers with copy to opposing counsel(Foster, John) Modified on 9/15/2009 to add filers listed on document (awil). (Entered: 09/14/2009)
46 0 ORDER granting 45 Motion for Extension of Time as set out. Signed by Honorable Henry M Herlong, Jr on 9/15/09.(awil) (Entered: 09/15/2009)
47 0 MOTION to Withdraw as Attorney by Susan E Beasley. Response to Motion due by 11/24/2009 (Attachments: # 1 Addendum Signature Page)No proposed order(Green, Tracey) (Main Document 47 replaced on 11/9/2009) (awil, ). Modified on 11/9/2009 to correct case number on document as verified by filing user (awil). (Entered: 11/06/2009)
48 0 CERTIFICATE OF SERVICE by Susan E Beasley re 47 MOTION to Withdraw as Attorney (Green, Tracey) (Main Document 48 replaced on 11/9/2009). Modified on 11/9/2009 to correct case number on document as verified by filing user (awil). (Entered: 11/06/2009)
50 0 CERTIFICATE OF SERVICE by Susan E Beasley re 47 MOTION to Withdraw as Attorney, 48 Certificate of Service (Green, Tracey) (Entered: 11/09/2009)
51 0 Case Reassigned to Judge Honorable R Bryan Harwell. Judge Honorable Henry M Herlong, Jr no longer assigned to the case. (glev, ) (Entered: 11/17/2009)
52 0 RESPONSE in Opposition re 47 MOTION to Withdraw as Attorney Response filed by Mitsubishi Motors Credit of America Inc.Reply to Response to Motion due by 12/7/2009 (Attachments: # 1 Exhibit A: Excerpt from Deposition of Susan E. Beasley)(Foster, John) (Entered: 11/24/2009)
55 0 ORDER granting 47 Motion to Withdraw as Attorney. Defendants shall have 30 days to retain new counsel. All deadlines are stayed for 30 days. Signed by Magistrate Judge William M Catoe on 12/4/09.(ladd, ) (Entered: 12/04/2009)
57 0 NOTICE of Appearance by Andrew Todd Darwin on behalf of Susan E Beasley, Susan E Beasley Revocable Trust (Darwin, Andrew) (Entered: 12/30/2009)
58 0 MOTION Entry of a Charging Order Regarding Paul M. Gibsons Interests In Gibsons Financial Holdings, LLC by Mitsubishi Motors Credit of America Inc. Response to Motion due by 1/25/2010 (Attachments: # 1 Declaration of Andrew C. Brandon, # 2 Exhibit 1 - South Carolina Secretary of State's website entry for Gibson's Financial Holdings, LLC, # 3 Exhibit 2 - 2008 Schedule K-1 issued by Gibson Financial to Paul Gibson, # 4 Exhibit 3 - Excerpts of the transcript of the September 30, 2009 deposition of Paul Gibson)Proposed order is being emailed to chambers with copy to opposing counsel(Foster, John) (Entered: 01/08/2010)
59 0 Letter from Rodney Pillsbury requesting that the court not grant any foreclosure rights - filed at the direction of the court. (awil) (Entered: 02/23/2010)
60 0 MOTION to Intervene by Justice for Consumers, LLC. Response to Motion due by 3/15/2010 (Attachments: # 1 Exhibit Settmt agmt limited to ID of parties, # 2 Exhibit Mortgage cherokee county, # 3 Exhibit Mortgage-recorded-spartanburg-county, # 4 Exhibit Note, # 5 Exhibit Subpoena to Pillbury, # 6 Exhibit Subpoena to Knie, # 7 Exhibit Pillsbury Declaration, # 8 Exhibit Proposed Order, # 9 Exhibit Proposed Complaint)No proposed order(Campbell, Susan) (Entered: 02/25/2010)
62 0 RESPONSE in Opposition re 60 MOTION to Intervene Response filed by Mitsubishi Motors Credit of America Inc.Reply to Response to Motion due by 3/23/2010 (Foster, John) (Entered: 03/15/2010)
63 0 REPLY to Response to Motion re 60 MOTION to Intervene (Plaintiff's Response in Opposition) Response filed by Justice for Consumers LLC. (Campbell, Susan) (Entered: 03/23/2010)
67 0 ORDER granting 60 Motion to Intervene. Signed by Magistrate Judge William M Catoe on 4/13/10.(ladd, ) (Entered: 04/13/2010)
68 0 MOTION to Withdraw as Attorney (Motion To Allow Andrew C. Brandon To Withdraw As Counsel Of Record For Plaintiff And Plaintiffs Certificate Of Consent To Such Withdrawal) by Mitsubishi Motors Credit of America Inc. Response to Motion due by 6/24/2010 No proposed order(Foster, John) (Entered: 06/07/2010)
69 0 TEXT ORDER granting 68 Motion to Withdraw as Attorney for Andrew Brandon. Signed by Honorable R Bryan Harwell on 6/9/10.(awil) (Entered: 06/09/2010)
71 0 NOTICE of Hearing on Motion: 58 MOTION Entry of a Charging Order Regarding Paul M. Gibsons Interests In Gibsons Financial Holdings, LLC : Motion Hearing set for 6/22/2010 03:30 PM in Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable R Bryan Harwell. (awil) (Entered: 06/14/2010)
72 0 AMENDED NOTICE of Hearing on Motion: 58 MOTION Entry of a Charging Order Regarding Paul M. Gibsons Interests In Gibsons Financial Holdings, LLC : Motion Hearing set for 6/22/2010 02:00 PM in Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable R Bryan Harwell. PLEASE NOTE CHANGE OF TIME.(awil) (Entered: 06/15/2010)
73 0 SECOND AMENDED NOTICE: NOTICE OF STATUS CONFERENCE AND HEARING ON MOTION: 58 MOTION for Entry of a Charging Order Regarding Paul M. Gibsons Interests In Gibsons Financial Holdings, LLC : Motion Hearing set for 6/22/2010 02:00 PM - Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable R Bryan Harwell. (awil) (Entered: 06/17/2010)
74 0 Minute Entry. Proceedings held before Honorable R Bryan Harwell: granting 58 Motion. Motion Hearing held on 6/22/2010. Counsel to provide revised order to chambers and serve the complaint within this week. Court Reporter Geri Kirkley. (pbri, ) (Entered: 06/22/2010)
76 0 Third Party Intervenor COMPLAINT, filed by Justice for Consumers LLC. (Campbell, Susan) Modified on 6/29/2010 to remove attachments. (alew, ). (Entered: 06/28/2010)
78 0 Letter from Jennifer K. Stone. Filed per direction of Chambers. (Attachments: # 1 Revised Proposed Charging Order) (hcic) (Entered: 07/02/2010)
79 0 CHARGING ORDER against Defendant Paul M. Gibson's membership interest in Gibson's Financial Holdings, LLC. Signed by Honorable R Bryan Harwell on 7/2/04. (jtho, ) (Entered: 07/06/2010)
80 0 ANSWER to 76 Intervenor Complaint by Mitsubishi Motors Credit of America Inc.(Foster, John) Modified on 7/20/2010 to remove duplicative text (awil). (Entered: 07/19/2010)
81 0 Case Reassigned to Judge Honorable J Michelle Childs. Judge Honorable R Bryan Harwell no longer assigned to the case. (jpet, ) (Entered: 08/23/2010)
82 0 MOTION to Appear Pro Hac Vice by Burleigh L. Singleton ( Filing fee $ 250 receipt number 0420-3176621) by Mitsubishi Motors Credit of America Inc. Response to Motion due by 2/17/2011 (Attachments: # 1 Exhibit A - 6. Additional Bar memberships, # 2 Exhibit B - Present adn Previous Pro Hac Vice in this Court, # 3 Exhibit C - Certificate of Good Standing)No proposed order(Foster, John) (Entered: 01/31/2011)
83 0 TEXT ORDER granting 82 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 2/1/11.(awil) (Entered: 02/01/2011)
84 0 Joint MOTION to Dismiss Third-Party Complaint Filed By Justice For Consumers, LLC by Susan E Beasley, Justice for Consumers LLC, Mitsubishi Motors Credit of America Inc, Susan E Beasley Revocable Trust. Response to Motion due by 3/14/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Foster, John) (Entered: 02/25/2011)
85 0 ORDER granting 84 Motion to Dismiss complaint filed by Intervenor Justice for Consumers, LLC. Signed by Honorable J Michelle Childs on 2/28/11.(awil) (Entered: 02/28/2011)
87 0 NOTICE of Hearing: Bar Meeting set for 5/4/2011 09:30 AM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. ALL PARTIES MUST SUBMIT JOINT PROPOSED TRIAL DATES AT THE HEARING. (awil) (Entered: 04/18/2011)
89 0 Minute Entry for proceedings held before Honorable J Michelle Childs: Bar Meeting held on 5/4/2011. Anticipate trial will be 2 days. Court Reporter Karen Martin. (jtho, ) Modified on 5/4/2011 (jtho, )to edit text. (Entered: 05/04/2011)
90 0 NOTICE of Hearing: Bench Trial set for 7/6/2011 - 7/7/2011 09:30 AM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable J Michelle Childs. (jtho, ) (Entered: 05/04/2011)
91 0 TEXT ORDER: The court hereby orders the parties to submit proposed findings and conclusions of law via email to Judge Childss ECF email address no later than five (5) business days prior to trial. The parties are also ordered to exchange and mark exhibits no later than five (5) business days prior to trial. The parties are directed to file certifications with the Court indicating that they have complied with this directive on or before June 28, 2011. Signed by Honorable J Michelle Childs on 5/6/11. (jtho, ) (Entered: 05/06/2011)
93 0 DECLARATION by Mitsubishi Motors Credit of America Inc re 91 Order,, (Declaration of Burleigh L. Singleton and Certification Regarding Compliance with the Court's May 6, 2011 Text Order [Docket 91]). (Foster, John) (Main Document 93 replaced on 6/29/2011). Modified on 6/29/2011 to replace with corrected document provided by filing user (awil). (Entered: 06/28/2011)
94 0 DEPOSITION of Susan E. Beasley taken on November 9, 2009 by Mitsubishi Motors Credit of America Inc.(Foster, John) (Main Document 94 replaced on 7/6/2011). Modified on 7/6/2011 to replace incorrect document with correct document as provided by filing user (awil). (Entered: 07/05/2011)
95 0 DEPOSITION of Paul M. Gibson taken on September 30, 2009 by Mitsubishi Motors Credit of America Inc.(Foster, John) (Main Document 95 replaced on 7/6/2011). Modified on 7/6/2011 to replace incorrect document with correct document as provided by filing user (awil). (Entered: 07/05/2011)
98 0 STIPULATION of Dismissal by Susan E Beasley, Mitsubishi Motors Credit of America Inc, Susan E Beasley Revocable Trust. (Darwin, Andrew) (Main Document 98 replaced on 7/8/2011). Modified on 7/8/2011 to replace with corrected document provided by filing user (awil). (Entered: 07/08/2011)
99 0 STIPULATION of Dismissal Amended Stipulation of Dismissal by Susan E Beasley, Mitsubishi Motors Credit of America Inc, Susan E Beasley Revocable Trust. (Darwin, Andrew) (Entered: 07/08/2011) 2011-09-06 19:45:27 99797da9aebeb97cb2009f7bafe6019695e26eb7