Legal Notices

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION CIVIL ACTION NO. 2:21-cv-00046 DEERE CREDIT SERVICES, INC. Plaintiff, v. DAVIS CONTRACTING & EXCAVATING LLC. et al., Defendants. ORDER Before the Court is Plaintiff Deere Credit Services, Inc.’s Motion for Order of Publication. ECF No. 11 . For cause shown, the Motion is GRANTED. Notice is hereby given to DAVIS CONTRACTING & EXCAVATING LLC and JOSHUA S. DAVIS that Plaintiff Deere Credit Services, Inc. has filed a Complaint in the United States District Court for the Southern District of West Virginia being Case Number 2:21-cv-00046 and styled Deere Credit Services, Inc. v. Davis Contracting & Excavating LLC and Joshua S. Davis. The object of this action is to (1) be awarded immediate and permanent possession of all equipment either leased or purchased by Davis Contracting & Excavating LLC under two certain Lease Agreements and two certain Loan Contracts and (b) a money judgment in the amount of $120,000, subject to a dollar-for-dollar credit for the net proceeds recovered from foreclosing on said equipment. A copy of the Complaint and Summons may be obtained from the Clerk of the United States District Court for the Southern District of West Virginia at 300 Virginia Street East, Suite 400, Charleston, WV 25301. Case 2:21-cv-00046 Document 12 Filed 07/16/21 Page 1 of 2 PageID #: 89 It appearing by affidavit filed in this action that Deere has twice attempted to serve process by delivery via? the Mingo County Sheriff, and that such process has twice been returned without being executed, it is hereby ORDERED that Davis Contracting & Excavating LLC and Joshua S. Davis must serve upon Deere’s counsel, W. Bradley Sorrells, whose address is 700 Virginia Street, East, Suite 400, Charleston, WV 25301, an Answer including any related counterclaim, or other defenses to the Complaint filed in this action on or before the 31st day of August, 2021, otherwise judgment by default will be taken against him at any time thereafter. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: July 15, 2021 Joseph R. Goodwin United States District LC-113912 07-23,30;2021