Birch Shipping Ltd. v. O.W. Bunker China Ltd. (HK) et al
| Birch Shipping Ltd. |
| O.W. Bunker China Ltd. (HK), O.W. Bunker USA Inc., O.W. Bunker North America Inc., O.W. Bunker & Trading A/S, Chemoil Latin America, Inc. and ING Bank N.V. |
| 1:2014cv09282 |
| November 21, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Valerie E. Caproni |
| Marine |
| 28 U.S.C. ยง 1335 |
| None |
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Filing
204
ORDER: IT IS HEREBY ORDERED that all previously scheduled conferences and other deadlines are cancelled. IT IS FURTHER ORDERED that this action will be dismissed with prejudice on April 9, 2021, unless before that date one or more of the parties fil es a letter with the Court requesting that the action not be dismissed and explaining why the action should not be dismissed in light of the parties' settlement. To be clear, any request that the action not be dismissed must be filed before Ap ril 9, 2021; any request filed on or after that date may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, not later than April 2, 2021, they must submit (1) their settleme nt agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 79 1 F.3d 354 (2d Cir. 2015). IT IS FURTHER ORDERED that upon dismissal, the Court will order the Clerk of Court to disburse the amount deposited (plus interest). By no later than Friday, April 9, 2021, the parties must jointly inform the Court what amount is to be paid to each of the parties. In the same joint letter, the parties must inform the Court to whom the checks should be made payable and to what address they should be sent. SO ORDERED., ( Motions due by 4/9/2021.) (Signed by Judge Valerie E. Caproni on 2/05/2021) (ama)
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Filing
196
ORDER: IT IS HEREBY ORDERED that any motion by Plaintiff Birch Shipping Ltd. to be fully released from this matter is due no later than Friday, January 8, 2021. Any responses in opposition to the motion are due no later than Friday, January 29, 20 21. Any reply in support of the motion is due no later than Friday, February 5, 2021. IT IS FURTHER ORDERED that this matter will proceed to a bench trial. Any motions in limine are due no later than Friday, January 15, 2021. Any responses are due n o later than Friday, February 5, 2021. IT IS FURTHER ORDERED that a Joint Pretrial Order ("JPTO") and each side's respective proposed Findings of Fact and Conclusions of Law are due no later than Friday, February 26, 2021. With resp ect to the JPTO, the parties must follow Rule 8 of the undersigned's Individual Practice Rules in Civil Cases. In addition to complying with Rule 8, the JPTO must include a joint proposed format for remote testimony, including the remote tria l operator, desired technological platform, and method for handling exhibits. IT IS FURTHER ORDERED that the Court will aim to schedule the final pretrial conference and trial during the second quarter of 2021. The parties will receive at least one month's advance notice of trial. IT IS FURTHER ORDEREDthat if the parties reach a resolution of this matter, they must promptly notify the Court. (Motions due by 1/15/2021., Pretrial Order due by 2/26/2021., Responses due by 2/5/2021, Replies due by 2/5/2021.) (Signed by Judge Valerie E. Caproni on 12/15/2020) (rro)
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Filing
191
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Wednesday, December 2, 2020, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information by email before the conference. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly enco uraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Wednesday, Novemb er 25, 2020. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. So Ordered. (Settlement Conference set for 12/2/2020 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 10/28/2020) (js)
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Filing
189
ORDER: On Friday, October 16, 2020, the Honorable Valerie E. Caproni assigned this matter to my docket for settlement. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. A s soon as practicable, the parties are directed to contact Courtroom Deputy Rachel Slusher, rachel_slusher@nysd.uscourts.gov, to schedule a settlement conference for a time when they believe it would be productive. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 10/20/2020) (js)
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Filing
187
ORDER: IT IS HEREBY ORDERED that the parties are to appear for a telephone conference on Tuesday, December 15, 2020, at 2:30 P.M. The parties must submit a joint letter of no more than five pages by no later than Tuesday, December 8, 2020, providing an update on the status of the dispute and the prospect for settlement. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 9282. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. SO ORDERED., ( Telephone Conference set for 12/15/2020 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/16/2020) (ama)
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