Case docket: The CIT Group/Equip v. Asterbadi

Case details

Court:	vaed
Docket #:	1:93-cv-00857
Case Name:	The CIT Group/Equip v. Asterbadi
PACER case #:	48626
Date filed:	1993-07-07
Date terminated:	1993-10-04
Assigned to:	District Judge James C. Cacheris
Case Cause:	28:1332 Diversity-Breach of Contract
Nature of Suit:	190 Contract: Other
Jury Demand:	None
Jurisdiction:	Diversity

Parties

Represented Party

Attorney & Contact Info

The CIT Group/Equipment Financing, Inc.
Plaintiff

Andrew Lynch Cole
Leitess Leitess Friedberg + Fedder PC
One Corporate Ctr
10451 Mill Run Cir
Suite 1000
Owings Mills, MD 21117
(410) 581-7400
Fax: 410-581-7410
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher Stuart Moffitt
Christopher S. Moffitt, P.C.
218 North Lee Street
Alexandria, VA 22314
(703) 683-0075
Email: moffittcs@rocketmail.com
TERMINATED: 05/06/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Nabil J. Asterbadi
Defendant

Dale A. Cooter
Cooter Mangold Tompert & Wayson LLP
5301 Wisconsin Ave., NW
Suite 500
Washington, DC 20015-4004
(202) 537-0700
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
1993-07-07	1	0		COMPLAINT Filing Fee $ 120.00 Receipt # 96434 (clerk) (Entered: 07/08/1993)
1993-07-16	2	0		Certificate of Compliance of the Secretary of the Commonwealth as to Nabil J. Asterbadi Answer due 8/5/93 for Nabil J. Asterbadi (mcke) (Entered: 07/19/1993)
1993-08-30	3	0		MOTION by The CIT Group/Equip for Entry of Default & judgment by default as to Nabil J. Asterbadi (mcke) (Entered: 09/01/1993)
1993-08-30	4	0		DECLARATION by Christopher S. Moffitt Re: [3-1] motion by The CIT Group/Equip for Entry of Default & judgment by default as to Nabil J. Asterbadi by The CIT Group/Equip (mcke) (Entered: 09/01/1993)
1993-08-30	5	0		CLERK'S ENTRY OF DEFAULT as to Nabil J. Asterbadi (mcke) (Entered: 09/01/1993)
1993-09-28	6	0		DECLARATION of Christopher S. Moffit Re: [3-1] motion by The CIT Group/Equip for Entry of Default & judgment by default as to Nabil J. Asterbadi The CIT Group/Equip (original note attached) (mcke) (Entered: 09/29/1993)
1993-10-04	7	0		ORDER, for Default Judgment for pltf against Nabil J. Asterbadi in the amount of $2,286,009.97, plus interest from May 31, 1993, on the sum of $2,184,950 at the rate of 1.5% per month, and attorney's fees of $347,742.50 signed by Judge James C. Cacheris ) Copies Mailed: yes (mcke) (Entered: 10/04/1993)
1994-04-11	8	0		NOTICE of partial satisfaction - filed by pltf (mcke) (Entered: 04/12/1994)
2003-08-22	9	0		Notice of partial satisfaction filed by plaintiff CIT Group (kjon) (Entered: 08/25/2003)
2004-01-13	10	0		MOTION by Nabil J. Asterbadi for Relief from Judgment , and by Nabil J. Asterbadi to Stay Enforcement of Judgment (clerk) (Entered: 01/15/2004)
2004-01-13	11	0		MEMORANDUM by Nabil J. Asterbadi in support of [10-1] motion by Nabil J. Asterbadi for Relief from Judgment , [10-2] motion by Nabil J. Asterbadi to Stay Enforcement of Judgment (clerk) Modified on 01/16/2004 (Entered: 01/15/2004)
2004-01-13	12	0		NOTICE of Hearing: Motion Hearing Deadline set for 10:00 1/30/04 for [10-1] motion by Nabil J. Asterbadi for Relief from Judgment, set for 10:00 1/30/04 for [10-2] motion by Nabil J. Asterbadi to Stay Enforcement of Judgment (clerk) (Entered: 01/15/2004)
2004-01-28	13	0		RESPONSE by CIT Group in opposition to [10-1] motion by Nabil J. Asterbadi for Relief from Judgment, [10-2] motion by Nabil J. Asterbadi to Stay Enforcement of Judgment (clar) (Entered: 01/29/2004)
2004-02-03	14	0		Memorandum in REPLY by Nabil J. Asterbadi to response to [10-1] motion by Nabil J. Asterbadi for Relief from Judgment, [10-2] motion by Nabil J. Asterbadi to Stay Enforcement of Judgment (clar) (Entered: 02/03/2004)
2004-02-06	15	0		ORDER, for reasons stated in open Court, that this matter is cont'd to 02/27/04 for hearing to determine whether or not the pltf's witness Shawn Mulgrew had the authority to execute the General Release. Hearing Deadline for 10:00 2/27/04 before Judge James C. Cacheris (signed by Judge James C. Cacheris) Copies Mailed: yes [EOD Date: 2/10/04] (dper) (Entered: 02/10/2004)
2004-02-25	16	0		NOTICE by Nabil J. Asterbadi to take deposition of The CIT Group/Equipment Financing, Inc. (kjon) (Entered: 02/25/2004)
2004-02-25	17	0		TRANSCRIPT for dates of 02/06/04 (JCC) (clerk) (Entered: 02/26/2004)
2004-02-26	18	0		OBJECTION by plaintiff CIT Group to notice of deposition served by Nabil J. Asterbadi (kjon) (Entered: 02/26/2004)
2004-02-27	19	0		AFFIDAVIT of Thomas E. Magrath (kjon) (Entered: 03/02/2004)
2004-02-27	20	0		ORDER for Steven Leitess to appear pro hac vice. Filing Fee Paid $ 50.00 (signed by Judge James C. Cacheris) [EOD Date: 3/2/04] (dper) (Entered: 03/02/2004)
2004-02-27	21	0		ORDER for reasons stated in open court, the pltf shall file its accounting with the Clerk of Court by 4 p.m. on 02-27-04; each party is permitted to conduct discovery, and that this matter is set for Bench Trial for 10:00 4/7/04 before Judge James C. Cacheris . The parties shall file their proposed findings of fact and conclusions of law w/clerk by close of business on Monday, 04-05-04. (signed by Judge James C. Cacheris) Copies Mailed: yes [EOD Date: 3/2/04] (dper) (Entered: 03/02/2004)
2004-03-03	22	0		TRANSCRIPT for dates of 02/27/04 - FILED - JCC (pmil) (Entered: 03/05/2004)
2004-03-09	23	0		EXPEDITED MOTION by CIT Group to Shorten Time for Carl Mosley, C.P.A. to Respond to Subpoena's Requesting Documents (pmil) (Entered: 03/09/2004)
2004-03-10	24	0		MOTION by Nabil J. Asterbadi for Protective Order (clar) (Entered: 03/11/2004)
2004-03-10	25	0		MEMORANDUM by Nabil J. Asterbadi in support of [24-1] motion by Nabil J. Asterbadi for Protective Order (clar) (Entered: 03/11/2004)
2004-03-10	26	0		NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 3/19/04 for [24-1] motion by Nabil J. Asterbadi for Protective Order (clar) (Entered: 03/11/2004)
2004-03-11	27	0		RESPONSE by Nabil J. Asterbadi in opposition to [23-1] motion by CIT Group to Shorten Time for Carl Mosley, C.P.A. to Respond to Subpoena's Requesting Documents (clar) (Entered: 03/12/2004)
2004-03-11	28	0		ORDER, for reasons stated in a telephone conference w/counsel for the parties, it is accordingly Ordered that [23-1] expedited motion by CIT Group to Shorten Time for Carl Mosley, C.P.A. to Respond to Subpoena's Requesting Documents is granted; and that [24-1] motion by Nabil J. Asterbadi for Protective Order is denied except that the deft may raise the question of atty/client privilege. (signed by Judge James C. Cacheris) Copies Mailed: yes [EOD Date: 3/15/04] (dper) (Entered: 03/15/2004)
2004-03-16	29	0		EXPEDITED MOTION by CIT Group for an Order Compelling Deft Nabil Asterbadi to Show Cause Why He Should Not Be Held In Contempt for Disobeying Subpoenas , by CIT Group for an Order Compelling Production of Documents , by CIT Group for an Order Imposing Sanctions (LARGE PLEADING) (SENT TO JCC) (pmil) Modified on 03/16/2004 (Entered: 03/16/2004)
2004-03-16	30	0		NOTICE of Attorney Appearance for Nabil J. Asterbadi by Dale A. Cooter (pmil) (Entered: 03/17/2004)
2004-03-18	31	0		RESPONSE by Nabil J. Asterbadi in opposition to [29-1] motion by CIT Group for an Order Compelling Deft Nabil Asterbadi to Show Cause Why He Should Not Be Held In Contempt for Disobeying Subpoenas, [29-2] motion by CIT Group for an Order Compelling Production of Documents, [29-3] motion by CIT Group for an Order Imposing Sanctions (clar) (Entered: 03/18/2004)
2004-03-19	32	0		ORDER, for reasons stated in open court, denying [29-1] motion by CIT Group for an Order Compelling Deft Nabil Asterbadi to Show Cause Why He Should Not Be Held In Contempt for Disobeying Subpoenas, denying [29-2] motion by CIT Group for an Order Compelling Production of Documents, denying [29-3] motion by CIT Group for an Order Imposing Sanctions. Deft Asterbadi's counsel shall identify which documents produced to each document request category by close of business 3/19/04. (signed by Judge James C. Cacheris) Copies Mailed: yes [EOD Date: 3/22/04] (dper) (Entered: 03/22/2004)
2004-03-19	33	0		Response by Nabil J. Asterbadi to Pltf's Requests for Production of Documents (pmil) (Entered: 03/22/2004)
2004-03-26	34	0		NOTICE of WITHDRAWAL OF MOTION by Nabil J. Asterbadi Withdrawing [10-1] motion by Nabil J. Asterbadi for Relief from Judgment of 10/04/93 w/out prejudice to the prosecution of the independent action filed by Dr. Asterbadi seeking relief from the 10/04/93 judgment CA: 1:04-cv-286; Dr. Asterbadi is NOT withdrawing and will continue to seek relief from the 10/04/93 judgment pursuant to FRCP 60(b)(5) on the grounds that the judgment has been released. The motion remains set for hrg on 04/07/04 (pmil) (Entered: 03/30/2004)
2004-04-05	35	0		TRANSCRIPT for dates of 03/11/04 - JCC - FILED (telephone cnf proceedings) (pmil) (Entered: 04/05/2004)
2004-04-05	36	0		TRANSCRIPT for dates of 03/19/04 - JCC - FILED (pmil) (Entered: 04/05/2004)
2004-04-06	37	0		PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW filed by Defy Nabil J. Asterbadi (pmil) (Entered: 04/07/2004)
2004-04-06	38	0		PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW filed by Pltf CIT Group/Equipment Financing, Inc. (pmil) (Entered: 04/07/2004)
2004-04-15	39	0		TRIAL TRANSCRIPT for dates of 04/07/04 - FILED - JCC (pmil) (Entered: 04/20/2004)
2004-04-21	40	0		POST-TRIAL MEMORANDUM OF LAW filed by defendant Nabil J. Asterbadi (pmil) (Entered: 04/21/2004)
2004-04-22	41	0		Post-Hearing Memorandum filed by plaintiff CIT Group (LARGE PLEADING) (pmil) (Entered: 04/22/2004)
2004-04-23	42	0		MOTION by CIT Group for Christopher S. Moffitt to Withdraw as Attorney (clar) (Entered: 04/26/2004)
2004-04-23	43	0		NOTICE of Hearing: Motion Hearing Deadline before Judge James C. Cacheris set for 10:00 4/30/04 for [42-1] motion by CIT Group for Christopher S. Moffitt to Withdraw as Attorney (clar) (Entered: 04/26/2004)
2004-04-28	44	0		Amended NOTICE of Hearing: Motion Hearing Deadline before Judge James C. Cacheris set for 10:00 5/7/04 for [42-1] motion CIT Group for Christopher S. Moffitt to Withdraw as Attorney (clar) (Entered: 04/28/2004)
2004-05-06	45	0		ORDER granting [42-1] motion by CIT Group for Christopher S. Moffitt to Withdraw as Attorney (Terminated attorney Christopher Stuart Moffitt for CIT Group. That Christopher S. Moffitt is hereby relieved as counsel for the pltf herein. ( signed by Judge James C. Cacheris ) Copies Mailed: yes [EOD Date: 5/7/04] (mcke) (Entered: 05/07/2004)
2004-06-15	46	0		MEMORANDUM OPINION re: deft's motion for relief from Judgment or to Stay Enforcement of Judgment (signed by Judge James C. Cacheris) Copies Mailed: yes (dper) (Entered: 06/16/2004)
2004-06-15	47	0		ORDER denying [10-1] motion by Nabil J. Asterbadi for Relief from Judgment, denying [10-2] motion by Nabil J. Asterbadi to Stay Enforcement of Judgment (signed by Judge James C. Cacheris) Copies Mailed: yes [EOD Date: 6/16/04] (dper) (Entered: 06/16/2004)
2004-08-24	48	0		MOTION by Nabil J. Asterbadi for Correction of Judgment of 10/04/93 With Regard to Interest (pmil) Modified on 08/26/2004 (Entered: 08/26/2004)
2004-08-24	49	0		MEMORANDUM OF POINTS AND AUTHORITIES by Nabil J. Asterbadi in support of [48-1] motion by Nabil J. Asterbadi for Correction of Judgment With Regard to Interest (pmil) (Entered: 08/26/2004)
2004-08-24	50	0		NOTICE of Hearing: Motion Hearing Deadline before Judge James C. Cacheris set for 10:00 9/10/04 for [48-1] motion by Nabil J. Asterbadi for Correction of Judgment with Regard to Interest (pmil) (Entered: 08/26/2004)
2004-09-08	51	0		RESPONSE by CIT Group in opposition to [48-1] motion by Nabil J. Asterbadi for Correction of Judgment of 10/04/93 With Regard to Interest (clar) (Entered: 09/09/2004)
2004-09-24	52	0		MEMORANDUM OPINION RE: Defts Motion for Correction of Judgment of 10/04/93 - FILED ( signed by Judge James C. Cacheris ) Copies Mailed: yes (pmil) (Entered: 09/28/2004)
2004-09-24	53	0		ORDER DENYING [48-1] motion by Nabil J. Asterbadi for Correction of Judgment of 10/04/93 With Regard to Interest ( signed by Judge James C. Cacheris ) Copies Mailed: yes [EOD Date: 9/28/04] (pmil) (Entered: 09/28/2004)
2004-10-04	54	0		NOTICE OF APPEAL OF [52-1] Memorandum Opinion,[53-1] Order of 09/24/04 by Nabil J. Asterbadi transmitted to the USCA. FILING FEE $ 255.00 RECEIPT # 100 175517 Copies sent to CIT Group, Nabil J. Asterbadi (pmil) (Entered: 10/08/2004)
2004-11-08	55	0		Certification of completion sent to USCA re: [54-1] appeal by Nabil J. Asterbadi (pmil) (Entered: 11/08/2004)
2004-11-26	56	0		Notice of Partial SATISFACTION OF JUDGMENT filed by The CIT Group/Equip (karn) (Entered: 11/26/2004)
2004-12-06	57	0		NOTICE OF PARTIAL SATISFACTION OF JUDGMENT payments made and received as follows: Credits against principal 07/21/93 (sale of collateral): $1,699,327.96; Credits against attys fees (voluntary Reduction): $259,740.20; Credits against accrued interest: $81,500.00; leaving a principal due of $586,682.01, attorneys' fees due of $88,002.30, and accrued but unpaid interest of $1,175,009.89 as of 12/03/04, for a total due as of 12/03/04 of $1,849,694.20. Copies Mailed: (pmil) (Entered: 12/08/2004)
2005-04-04	58	0		Copy of Opinion of USCA re: Decided 4/1/05 affirmed the District Court decision; attached copy of judgment will not take effect until issuance of the mandate. (mcke) (Entered: 04/04/2005)
2005-04-26	59	0		JUDGMENT OF USCA (certified copy) with copy of opinion of USCA affirms the judgment of the District Court re: [54-1] appeal (mcke) (Entered: 04/26/2005)