Case Details

CourtSouthern District of Indiana
Docket number3:11-cv-00069
Date case filed2011-05-31
Date case closed2012-06-15
Date of latest filing
Assigned toJudge Richard L. Young
Case cause28:1441 Petition for Removal
Nature of suit220 Real Property: Foreclosure
Jury demandNone
Demand
JurisdictionU.S. Government Defendant

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-05-31 NOTICE OF REMOVAL from Dubois Superior Court, case number 19D01-1104-MF-00075, filed by US SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 State Court Record)(SMD) (Entered: 05/31/2011)
22011-05-31 CIVIL COVER SHEET, filed by Defendant US SMALL BUSINESS ADMINISTRATION. (SMD) (Entered: 05/31/2011)
32011-05-31 NOTICE of Appearance by Jeffrey L. Hunter on behalf of Defendant US SMALL BUSINESS ADMINISTRATION. (SMD) (Entered: 05/31/2011)
42011-05-31 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (SMD) (Entered: 05/31/2011)
52011-05-31 MAGISTRATE JUDGE'S Summary of CMP Notice. (SMD) (Entered: 05/31/2011)
62011-05-31 MOTION for Extension of Time to 6/30/11 to answer complaint, filed by Defendant US SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(SMD) (Entered: 05/31/2011)
72011-05-31 ORDER granting 6 Motion for Extension of Time to File Answer to 6/30/2011. Signed by Magistrate Judge William G. Hussmann, Jr., on 5/31/2011. (NRN) (Entered: 06/01/2011)
82011-06-27 EXHIBIT re 1 Notice of Removal. (Attachments: # 1 State Court Record Appearance, # 2 State Court Record Appearance of Responding Party, # 3 State Court Record Appearance of Responding Party, # 4 State Court Record Answer of Defendant, # 5 State Court Record Summons)(MDS) (Entered: 06/27/2011)
92011-06-29 NOTICE of Substitution of Appearance by Jill Z. Julian replacing Jeffrey L. Hunter on behalf of US SMALL BUSINESS ADMINISTRATION (Julian, Jill) (Entered: 06/29/2011)
102011-06-29 Second MOTION for Extension of Time to July 30, 2011 to File a Response to Plaintiff's Complaint to Foreclose Commercial Mortgage & for Other Relief, filed by Defendant US SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Julian, Jill) (Entered: 06/29/2011)
112011-07-05 ORDER granting 10 Motion for Extension of Time to File Answer to 7/30/2011. Signed by Magistrate Judge William G. Hussmann, Jr., on 7/5/2011. (NRN) (Entered: 07/05/2011)
122011-07-28 NOTICE of Appearance by David Ralph Krebs on behalf of Plaintiff BANCO POPULAR NORTH AMERICA. (Krebs, David) (Entered: 07/28/2011)
132011-07-28 NOTICE of Appearance by Bradley J. Buchheit on behalf of Plaintiff BANCO POPULAR NORTH AMERICA. (Buchheit, Bradley) (Entered: 07/28/2011)
142011-08-01 ANSWER to Complaint to Foreclose Commercial Mortgage and for Other Relief, filed by US SMALL BUSINESS ADMINISTRATION.(Julian, Jill) (Entered: 08/01/2011)
152011-08-01 COUNTERCLAIM against BANCO POPULAR NORTH AMERICA, CROSSCLAIM ADVANCED ROOFING PRODUCTS and against CITY OF HUNTINGTONBURG, UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, FOX METALS & CUSTOM PRODUCTS, LLC, TREASURER OF DUBOIS COUNTY, INDIANA, STERLING COMMERCIAL PROPERTIES, LLC, INDIANA STATEWIDE CERTIFIED DEVELOPMENT CORPORATION, filed by US SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Exhibit A- Note, # 2 Exhibit B- Mortgage, # 3 Exhibit C- Assignment of Real Estate Mortgage, # 4 Exhibit D- Assignment of Leases & Rents, # 5 Exhibit E- Unconditional Guarantee)(Julian, Jill) (Entered: 08/01/2011)
162011-08-05 Summons Issued as to BANCO POPULAR NORTH AMERICA, CITY OF HUNTINGTONBURG, FOX METALS & CUSTOM PRODUCTS, LLC, STERLING COMMERCIAL PROPERTIES, LLC, TREASURER OF DUBOIS COUNTY, INDIANA, UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, B & A METALS & CUSTOM BUILT CO. and ADVANCED ROOFING PRODUCTS. (SMD) (Entered: 08/08/2011)
172011-08-17 NOTICE of Appearance by Steven E. Ripstra on behalf of Defendant TREASURER OF DUBOIS COUNTY, INDIANA. (Ripstra, Steven) (Entered: 08/17/2011)
182011-08-17 NOTICE of Appearance by Steven E. Ripstra on behalf of Cross Defendant TREASURER OF DUBOIS COUNTY, INDIANA. (Ripstra, Steven) (Entered: 08/17/2011)
192011-08-17 ANSWER to 15 CounterclaimCrossclaim, filed by TREASURER OF DUBOIS COUNTY, INDIANA.(Ripstra, Steven) (Entered: 08/17/2011)
202011-08-25 Banco Popular North America's ANSWER to 15 CounterclaimCrossclaim of the United States of America, filed by All Plaintiffs.(Buchheit, Bradley) (Entered: 08/25/2011)
212011-08-26 Summons (Alias) as to STERLING COMMERCIAL PROPERTIES, LLC. (SMD) (Entered: 08/26/2011)
222011-09-02 NOTICE - Status Conference set for 11/7/2011 08:15 AM Telephonic before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr., on 9/2/2011.(NRN) (Entered: 09/02/2011)
232011-09-15 MOTION for Service by Publication, filed by Cross Claimant US SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Julian, Jill) (Entered: 09/15/2011)
242011-09-23 ORDER granting 23 Motion for Service by Publication. Signed by Magistrate Judge William G. Hussmann, Jr on 9/23/2011. (SMD) (Entered: 09/23/2011)
252011-11-07 RETURN OF SERVICE by All Plaintiffs of Alias Summons served on Sterling Commercial Properties and Fox Metals & Custom Product (Buchheit, Bradley) Modified on 11/8/2011 (MDS). (Entered: 11/07/2011)
262011-11-14 Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Status Conference held on 11/7/2011. Dispositive Motions due by 3/7/2012. Telephonic Status Conference set for 4/24/2012 08:30 AM before Magistrate Judge William G. Hussmann Jr. (SMD) (Entered: 11/14/2011)
272011-11-30 RETURN of Service by CMRRR, filed by US SMALL BUSINESS ADMINISTRATION. BANCO POPULAR NORTH AMERICA served on 8/9/2011. (Julian, Jill) (Entered: 11/30/2011)
282011-11-30 RETURN of Service by CMRRR, filed by US SMALL BUSINESS ADMINISTRATION. TREASURER OF DUBOIS COUNTY, INDIANA served on 8/9/2011. (Julian, Jill) (Entered: 11/30/2011)
292011-11-30 RETURN of Service by CMRRR, filed by US SMALL BUSINESS ADMINISTRATION. ADVANCED ROOFING PRODUCTS served on 8/10/2011. (Julian, Jill) (Entered: 11/30/2011)
302011-11-30 RETURN of Service by CMRRR, filed by US SMALL BUSINESS ADMINISTRATION. CITY OF HUNTINGTONBURG served on 8/9/2011. (Julian, Jill) (Entered: 11/30/2011)
312011-11-30 RETURN of Service by CMRRR, filed by US SMALL BUSINESS ADMINISTRATION. STERLING COMMERCIAL PROPERTIES, LLC served on 8/10/2011. (Julian, Jill) (Entered: 11/30/2011)
322011-11-30 SERVICE by Publication filed by US SMALL BUSINESS ADMINISTRATION. Last publication date November 3, 2011. (Julian, Jill) (Entered: 11/30/2011)
332011-12-09 MOTION for Entry of Default as to Defendants, STERLING COMMERCIAL PROPERTIES, LLC, an Indiana Limited Liability Company; FOX METALS AND CUSTOM PRODUCTS, LLC, an Indiana Limited Liability Company, d/b/a B & A METALS AND CUSTOM BUILT COMPONENTS; INDIANA STATEWIDE CERTIFIED DEVELOPMENT CORPORATION; CITY OF HUNTINGBURG; ADVANCE ROOFING PRODUCTS; UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, filed by Plaintiff BANCO POPULAR NORTH AMERICA. (Attachments: # (1) Exhibit A - Affidavit of Bradley J. Buchheit, # (2) Text of Proposed Order)(Buchheit, Bradley) Modified on 12/9/2011 (NRN). Modified on 1/25/2012 (MDS). (Entered: 12/09/2011)
342012-01-25 Clerk's ENTRY OF DEFAULT, re 33 MOTION for Entry of Default as to ADVANCED ROOFING PRODUCTS, B & A METALS & CUSTOM BUILT CO., CITY OF HUNTINGTONBURG, FOX METALS & CUSTOM PRODUCTS, LLC, INDIANA STATEWIDE CERTIFIED DEVELOPMENT CORPORATION, STERLING COMMERCIAL PROPERTIES, LLC, UNKNOWN OWNERS AND NON-RECORD CLAIMANTS. Signed by Clerk, Laura A. Briggs. (MDS) (Entered: 01/25/2012)
352012-03-06 MOTION for Summary Judgment , filed by Plaintiff BANCO POPULAR NORTH AMERICA. (Attachments: # 1 Text of Proposed Order Judgment Entry and Decree of Foreclosure)(Buchheit, Bradley) (Entered: 03/06/2012)
362012-03-06 BRIEF/MEMORANDUM in Support re 35 MOTION for Summary Judgment , filed by Plaintiff BANCO POPULAR NORTH AMERICA. (Buchheit, Bradley) (Entered: 03/06/2012)
372012-03-06 Designation of Evidence re 35 MOTION for Summary Judgment , 36 Brief/Memorandum in Support of Motion , filed by Plaintiff BANCO POPULAR NORTH AMERICA. (Buchheit, Bradley) (Entered: 03/06/2012)
382012-03-06 EXHIBIT re 37 Designation of Evidence (Exhibits A and B) by All Plaintiffs. (Attachments: # 1 Exhibit A - Affidavit of Cassandra House, # 2 Exhibit B - Petition of Attorney's Fees and Court Costs)(Buchheit, Bradley) Modified on 3/7/2012 (MDS). Modified on 4/4/2012 (TMD). (Entered: 03/06/2012)
392012-03-07 APPLICATION to Clerk for Entry of Default, filed by Cross Claimant US SMALL BUSINESS ADMINISTRATION. (Julian, Jill) (Entered: 03/07/2012)
402012-03-07 Submission of Entry of Default, filed by Cross Claimant US SMALL BUSINESS ADMINISTRATION. (Julian, Jill) (Entered: 03/07/2012)
412012-03-08 Clerk's ENTRY OF DEFAULT, re 39 Application as to ADVANCED ROOFING PRODUCTS, CITY OF HUNTINGTONBURG, FOX METALS & CUSTOM PRODUCTS, LLC, STERLING COMMERCIAL PROPERTIES, LLC, UNKNOWN OWNERS AND NON-RECORD CLAIMANTS. Signed by Clerk, Laura A. Briggs. (MDS) (Entered: 03/08/2012)
422012-04-02 RESPONSE to Motion re 35 MOTION for Summary Judgment , filed by Counter Claimant US SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Exhibit A- Third Party Lender Agreement)(Julian, Jill) (Entered: 04/02/2012)
432012-04-26 Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Status Conference held on 4/24/2012. (NRN) (Entered: 04/26/2012)
442012-05-07 PROPOSED / Judgment Entry and Decree of Foreclosure by All Plaintiffs. (Buchheit, Bradley) Modified on 5/8/2012 (SMD). (Entered: 05/07/2012)
452012-06-13 Joint MOTION to Enter Judgment Entry and Decree of Foreclosure, filed by Plaintiff BANCO POPULAR NORTH AMERICA, Defendants TREASURER OF DUBOIS COUNTY, INDIANA, US SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Exhibit A)(Buchheit, Bradley) (Entered: 06/13/2012)
462012-06-15 CLOSED - JUDGMENT ENTRY AND DECREE OF FORECLOSURE in favor of Plaintiff against Defendants. Signed by Judge Richard L. Young on 6/15/2012.(TMD) (Entered: 06/15/2012)