Xcoal Energy & Resources v. Acciaierie D'Italia S.P.A.
| Xcoal Energy & Resources |
| Acciaierie D'Italia S.P.A. |
| Lott Ship Agency, Inc., Pangaea Logistics Solutions (BVI), Ltd. and Javelin Global Commodities Ltd |
| 1:2023cv00361 |
| September 22, 2023 |
| US District Court for the Southern District of Alabama |
| William E Cassady |
| Terry F Moorer |
| Contract: Marine |
| 28 U.S.C. § 1333 Marine-Contract Dispute |
| Plaintiff |
Docket Report
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| Filing 82 Document endorsed NOTED by District Judge Terry F. Moorer: #6 Corporate Disclosure Statement filed by Xcoal Energy & Resources. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (tot) |
| Filing 81 ANSWER to #71 Counterclaim by Xcoal Energy & Resources. (Hails, Edward) Modified on 11/13/2023 (tot). |
| Filing 80 Document endorsed NOTED by District Judge Terry F. Moorer: Corporate Disclosure Statement filed by Acciaierie D'Italia S.P.A. (Doc. #76 ): A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (mab) |
| Filing 79 REPLY to Response to Motion #61 re Javelin's Motion for Leave to File its Complaint in Intervention filed by Javelin Global Commodities Ltd. (Balart, Luis) |
| REFERRAL OF #79 Reply to Response in Opposition to Motion for Leave to File Complaint in Intervention to Judge Moorer. (tot) |
| Filing 78 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement #76 filed by Acciaierie D'Italia S.P.A., Corporate Disclosure Statement #6 filed by Xcoal Energy & Resources (Cassady, William) |
| Filing 77 Supplemental Submission and Update Concerning Rule 41 Issue (Doc. #55 ), filed by Acciaierie D'Italia S.P.A.. (Herrington, David) |
| Filing 76 Corporate Disclosure Statement filed by Defendants Acciaierie D'Italia S.P.A., ArcelorMittal SA, Invitalia identifying Other Affiliate ArcelorMittal SA, Other Affiliate Invitalia for Acciaierie D'Italia S.P.A... (Herrington, David) |
| REFERRAL OF #77 Supplemental Submission and Update Concerning Rule 41 Issue to Judge Moorer. (mab) |
| Filing 75 RESPONSE in Opposition re #61 MOTION for Leave to File its Complaint in Intervention filed by Xcoal Energy & Resources. (Hails, Edward) |
| REFERRAL OF #75 Response in Opposition to #61 Motion for Leave to file Complaint in Intervention to Judge Moorer. (mab) |
Filing 74
ENDORSED ORDER granting #73 Motion for Leave to File. The supplemental brief shall be filed no later than 10/27/2023. Signed by District Judge Terry F. Moorer on 10/25/2023. (KJA)
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| Filing 73 MOTION for Leave to File Supplemental Briefing on Rule 41 Issue filed by Acciaierie D'Italia S.P.A.. (Herrington, David) |
| REFERRAL OF #73 MOTION for Leave to File Supplemental Briefing on Rule 41 Issue to Judge Moorer. (tot) |
| Filing 72 Blank Disclosure Statement E-Mailed to Counsel for Defendant Acciaierie D'Italia S.P.A.; Disclosure Statement Due 10/27/2023. (tot) |
| Filing 71 ANSWER to #1 Complaint, , COUNTERCLAIM against Xcoal Energy & Resources by Acciaierie D'Italia S.P.A.. (Herrington, David) |
| Answer to #71 Counterclaim due from Xcoal Energy & Resources pursuant to FRCP 12(a)(1)(B). (mab) |
| REFERRAL OF #68 Objection to #55 Notice of Voluntary Dismissal; #69 Memorandum of Law in Support of Rule 41(a)(1)(A)(i) #55 Motion to Dismiss; and #70 Objection to #55 Motion to Vacate Attachment, to the Extent is is Framed as a Motion to Dismiss Pursuant to Fed.R.Civ.P. 41 to Judge Moorer. (mab) |
| Filing 70 Objection to #55 Motion to Vacate Attachment, to the Extent is is Framed as a Motion to Dismiss Pursuant to Fed.R.Civ.P. 41, filed by Acciaierie D'Italia S.P.A.. (Herrington, David) |
| Filing 69 MEMORANDUM of Law in Support of Rule 41(a)(1)(A)(i) #55 Motion to Dismiss, filed by Xcoal Energy & Resources (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Hails, Edward) |
| Filing 68 Objection to re: #55 Notice of Voluntary Dismissal, filed by Javelin Global Commodities Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Balart, Luis) |
| REFERRAL OF #62 Notice of filing Proposed Order to Judge Moorer. (tot) |
| Filing 67 CERTIFICATE OF SERVICE by Acciaierie D'Italia S.P.A. re #66 Response (Herrington, David) |
| Filing 66 RESPONSE to #64 Objection to Report and Recommendations filed by Acciaierie D'Italia S.P.A.. (Herrington, David) |
| Filing 65 REPLY to #64 Objection to Report and Recommendations filed by Javelin Global Commodities Ltd. (Balart, Luis) |
| REFERRAL OF Responses (Docs. #65 , #66 ) to Objection (Doc. #64 ) to Report and Recommendation (Doc. #51 ) to Judge Moorer. (mab) |
| Filing 64 OBJECTION to #51 Report and Recommendations by Xcoal Energy & Resources. (Hails, Edward) |
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Filing 63
ORDER VACATING MARITIME ATTACHMENT AND ARREST, The Writ of Foreign Attachment as to the property aboard the M/V BULK DESTINY (IMO No. 9781994) is hereby VACATED, and the vessel is released from seizure. U.S. Marshal is authorized to serve the Master of the M/V BULK DESTINY via e-mail and the Master's satellite phone. Signed by District Judge Terry F. Moorer on 10/12/2023. (certified copy to USM) (mab)
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| Filing 62 NOTICE of Filing Proposed Order by Javelin Global Commodities Ltd re: 59 Order,, in re Vacating Maritime Attachment and Arrest (Balart, Luis) |
| Filing 61 MOTION for Leave to File its Complaint in Intervention filed by Javelin Global Commodities Ltd. (Balart, Luis) |
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Filing 60
ENDORSED ORDER denying #57 Motion to Amend #57 Scheduling Order. First, the cargo of coal and ship have not been released primarily because the parties cannot agree on the wording of a release order. Secondly, Xcoal has phrased its agreement to release the cargo and ship in a "Motion to Vacate" that cites Rule 41 generally as its basis for the motion. The intent of the motion, however, appears to be a consent to release after the filing of two motions to vacate. See Rule E(5)(c)(Release by Consent or Stipulation). And finally, the recommendation was to grant the two pending motions to vacate filed by ADI and Javelin. Even assuming there may be findings or conclusions in the report and recommendation with which one could disagree, the bottom line is that all parties, including Xcoal, are now in agreement that the arrest and attachment orders should be vacated. See Doc. 55. For these reasons, the request to allow more time for the filing of objections is DENIED. Signed by Magistrate Judge William E. Cassady on 10/12/23. (Cassady, William)
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Filing 59
TEXT Order vacating the referral to the Magistrate Judge of Plaintiff XCoal Energy & Resources' Motion to Vacate Attachment (Doc. 55). The parties shall file their proposed order(s) regarding the release of the boat and cargo by 12:00 p.m. on October 12, 2023. Additionally, the parties shall brief the issue on Rule 41 on or before October 17, 2023. re: #55 MOTION to Vacate Attachment (Docs. #9 , #13 ) filed by Xcoal Energy & Resources. Signed by District Judge Terry F. Moorer on 10/12/2023. (KJA)
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| Minute Entry for proceedings held before District Judge Terry F. Moorer: Telephone Conference held on 10/12/2023. Court Reporter Roy Isbell. Parties are to file proposed order(s) to release the vessel by Noon (CT) today (10/12/23). (mab) |
| REFERRAL OF #64 Objection to Report and Recommendations to Judge Moorer. (mab) |
| MOTIONS REFERRED: #61 MOTION for Leave to File its Complaint in Intervention Referred to Judge Terry F. Moorer. (mab) |
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Filing 58
TEXT-ONLY ORDER: A Telephone Conference is set in this matter for 8:30 a.m. on 10/12/2023. To access the conference, counsel are to use the following numbers: Bridge Teleconference # 571-353-2301; Guest ID 002111702#. Signed by District Judge Terry F. Moorer on 10/11/2023. (mab)
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| Filing 57 MOTION for Entry of an Amended Briefing Schedule on R&R, filed by Xcoal Energy & Resources. (Attachments: #1 Text of Proposed Order) (Hails, Edward) |
| Filing 56 NOTICE of Voluntary Dismissal by Pangaea Logistics Solutions (BVI), Ltd. (Betbeze, Jaime) |
| Filing 55 MOTION to Vacate Attachment (Docs. #9 , #13 ), filed by Xcoal Energy & Resources. (Attachments: #1 Text of Proposed Order) (Hails, Edward) |
| MOTIONS REFERRED: #55 MOTION to Vacate Attachment (Doc. #9 ); Referred to Judge William E. Cassady. (mab) |
| REFERRAL OF #56 Notice of Voluntary Dismissal Without Prejudice of Complaint in Intervention (Doc. #31 ) to Judge Cassady. (mab) |
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Filing 54
ORAL ORDER entered by Magistrate Judge William E. Cassady on 10/10/2023: For the reasons as set forth on the record this date, the Defendant's Motion to Shorten Period for Objections to Report and Recommendation (Doc. #52 ) is GRANTED in part. Any objections to the report and recommendation shall be filed no later than 4:00 p.m. (CT) on October 12, 2023. Any responses to the objections shall be filed no later than 4:00 p.m. (CT) on October 13, 2023. (mab)
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Filing 53
TEXT-ONLY ORDER: A telephone conference is set in this matter for October 10, 2023, at 3:30 p.m. on the Defendant's Motion to Shorten Period for Objections to Report and Recommendation (Doc. #52 ). To access the conference, the parties are to use the following numbers: Bridge Teleconference # 571-353-2301; Guest ID 002111702#. Signed by Magistrate Judge William E. Cassady on 10/10/2023. (mab)
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| Filing 52 MOTION to Shorten Time for Objections to Report and Recommendation filed by Acciaierie D'Italia S.P.A.. (Upchurch, Michael) |
| Filing 51 REPORT AND RECOMMENDATION, it is recommended that both the motion of ADI (Doc. #44 ) and the motion of and Javelin (Doc. #16 ) to vacate the Rule B Attachment (Doc. #9 ) be GRANTED. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge William E. Cassady on 10/10/2023. (mab) |
| MOTIONS REFERRED: #52 MOTION to Shorten Time for Objections to Report and Recommendation; Referred to Judge William E. Cassady. (mab) |
| Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Telephone Conference held on 10/10/2023 re: Defendant's Motion to Shorten Period for Objections to Report and Recommendation (Doc. #52 ). Court Reporter Roy Isbell. (mab) |
| Filing 50 Intervenor COMPLAINT Against Xcoal Energy & Resources, filed by Javelin Global Commodities Ltd. (Balart, Luis) (certified copy of document issued to USM and mailed to Substitute Custodian) Modified on 10/6/2023 (mab). |
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Filing 49
Order re: Court preliminary determination that the motions to vacate should be granted and the motion for security of costs is moot. The Court designates ADI as a prevailing party on the motion to vacate and is requested to prepare and send to Chambers a proposed report and recommendation as soon as practicable. Signed by Magistrate Judge William E. Cassady on 10/5/2023. (mab)
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| Filing 48 ENDORSED ORDER granting #40 Motion for Hearing. The hearing was held on October 3, 2023 with counsel for all parties participating. The Court was advised that all evidence relevant to the pending motions to vacate and for the requirement that security be posted has been presented and that an additional hearing on these motions will not be necessary. (Cassady, William) |
| Filing 47 RESPONSE in Opposition re #44 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support filed by Xcoal Energy & Resources. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Hails, Edward) |
| REFERRAL OF #46 Response in Opposition to #43 MOTION for Security for Costs Under Supplemental Rule E(2)(b) to Judge Cassady. (mab) |
| REFERRAL OF #47 Response in Opposition to #44 Emergency MOTION to Vacate Maritime Arrest and Attachment, to Judge Cassady. (mab) |
| Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Hearing held on 10/3/2023 re: #16 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support filed by Javelin Global Commodities Ltd; #43 MOTION for Security for Costs Under Supplemental Rule E(2)(b) filed by Javelin Global Commodities Ltd; and #44 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support filed by Acciaierie D'Italia S.P.A.. Court Reporter Roy Isbell. (mab) |
| Filing 46 RESPONSE in Opposition re #43 MOTION for Security for Costs Under Supplemental Rule E(2)(b) filed by Xcoal Energy & Resources. (Hails, Edward) |
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Filing 45
Order re: #43 MOTION for Security for Costs Under Supplemental Rule E(2)(b) filed by Javelin Global Commodities Ltd, #44 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support filed by Acciaierie D'Italia S.P.A., #40 MOTION for Hearing on Motion to Vacate filed by Acciaierie D'Italia S.P.A., ( Motion Hearing set for 10/3/2023 01:30 PM in US Courthouse, Courtroom 3B, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady.). Signed by Magistrate Judge William E. Cassady on 10/2/2023. (eec)
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| MOTIONS REFERRED: #44 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support ; Referred to Judge William E. Cassady. (mab) |
| Filing 44 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support filed by Acciaierie D'Italia S.P.A.. (Attachments: #1 Declaration of Domenico Ponzio, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10) (Herrington, David) |
| Filing 43 MOTION for Security for Costs Under Supplemental Rule E(2)(b) filed by Javelin Global Commodities Ltd. (Balart, Luis) |
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Filing 42
Order, pending that determination by the parties as to whether they intend toconsent, it is ORDERED that pursuant to 28 U.S.C. 636(b)(1), this case is REFERRED to the Magistrate Judge for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by District Judge Terry F. Moorer on 9/29/2023. (mab)
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Filing 41
ORDER, GRANTING #39 Motion and Application for Admission Pro Hac Vice of David H. Herrington. Signed by District Judge Terry F. Moorer on 9/29/2023. (mab)
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| Filing 40 MOTION for Hearing on Motion to Vacate filed by Acciaierie D'Italia S.P.A.. (White, Jarrod) |
| Filing 39 MOTION and APPLICATION for David H. Herrington to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3277616, Online Credit Card Payment) filed by Acciaierie D'Italia S.P.A.. (Attachments: #1 Exhibit Motion and Application for Admission Pro Hac Vice, #2 Exhibit Good Standing Certificate) (Herrington, David) |
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Filing 38
TEXT-ONLY ORDER: A brief telephone status conference is set in this matter for 11:00 a.m. (CT) on 9/29/2023. Counsel are to access the conferencing using the following numbers: Bridge Teleconference # 571-353-2301; Guest ID 002111702#. Signed by District Judge Terry F. Moorer on 9/29/2023. (mab)
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| Minute Entry for proceedings held before District Judge Terry F. Moorer: Telephone Status Conference held on 9/29/2023. Court Reporter Roy Isbell. (mab) |
| MOTIONS REFERRED: #39 MOTION and APPLICATION for David H. Herrington to Appear Pro Hac Vice; Referred to Judge Terry F. Moorer. (mab) |
| MOTIONS REFERRED: #43 MOTION for Security for Costs Under Supplemental Rule E(2)(b) Referred to Judge William E. Cassady. (mab) |
| REFERRAL OF Emergency Motion to Vacate Maritime Arrest and Attachment (Doc. #16 ), Responses (Docs. #21 , #23 ), Reply (Doc. #32 ), and Notices of filing proposed Orders (Docs. #34 , #36 , #37 ); and #40 Motion for Hearing on Motion to Vacate (Doc. #40 ) to Judge William E. Cassady. (mab) |
| Filing 37 NOTICE of Filing Proposed Order by Javelin Global Commodities Ltd re: #16 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support (Balart, Luis) |
| Filing 36 NOTICE of Filing Proposed Order by Pangaea Logistics Solutions (BVI), Ltd. (Betbeze, Jaime) |
| Filing 35 NOTICE by Acciaierie D'Italia S.P.A. of Restricted Appearance (Upchurch, Michael) Modified on 9/28/2023 (mab). |
| Filing 34 NOTICE of Filing Proposed Order by Xcoal Energy & Resources (Hails, Edward) Modified on 9/28/2023 (mab). |
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Filing 33
TEXT ORDER granting #30 Motion for Leave to File. Signed by District Judge Terry F. Moorer on 9/28/2023. (KJA)
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| Filing 32 REPLY to Response to Motion #16 Javelin's Emergency Motion to Vacate Maritime Arrest and Attachment filed by Javelin Global Commodities Ltd. (Balart, Luis) |
| Filing 31 Intervenor COMPLAINT - Verified Complaint in Intervention (Intervenor Defendants: Javelin and Acciaierie d'Italia as owners of the 50,000 MTs), filed by Pangaea Logistics Solutions (BVI), Ltd.. (Attachments: #1 Declaration of Jaime W. Betbeze, #2 Verification of Complaint, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3) (Betbeze, Jaime) (Certified copy of document issued to USM and mailed to Substitute Custodian on 9/28/23) Modified on 10/6/2023 (mab). |
| Filing 30 MOTION for Leave to File Motion to Vacate filed by Acciaierie D'Italia S.P.A.. (Upchurch, Michael) |
| Filing 29 NOTICE of Appearance by Jay Nicklos Robinson on behalf of Acciaierie D'Italia S.P.A. (Robinson, Jay) |
| Filing 28 NOTICE of Appearance by Jarrod J. White on behalf of Acciaierie D'Italia S.P.A. (White, Jarrod) |
| Filing 27 NOTICE of Appearance by Michael E. Upchurch on behalf of Acciaierie D'Italia S.P.A. (Upchurch, Michael) |
| MOTIONS REFERRED: #30 MOTION for Leave to File Motion to Vacate Referred to Judge Terry F. Moorer. (mab) |
| REFERRAL OF Notices of filing Proposed Order by Xcoal Energy & Resources (Doc. #34 ); by Acciaierie D'Italia S.P.A.; (Doc. #35 ); and Pangaea Logistics Solutions (BVI), Ltd. (Doc. #36 ) to Judge Moorer (mab) |
| REFERRAL OF #37 Notice of filing Proposed Order by Javelin Global Commodities Ltd to Judge Moorer. (mab) |
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Filing 26
TEXT ORDER granting #25 Motion for Leave to File. The Complaint In Intervention should be docketed no later than 10/2/2023. Signed by District Judge Terry F. Moorer on 9/27/2023. (KJA)
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| Filing 25 MOTION for Leave to File Complaint In Intervention filed by Pangaea Logistics Solutions (BVI), Ltd.. (Attachments: #1 Proposed Order, #2 Verified Complaint In Intervention, #3 Declaration of Jaime Betbeze, #4 Verification of Complaint, #5 Ex. 1, #6 Ex. 2, #7 Ex. 3) (Betbeze, Jaime) |
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Filing 24
ORDER, GRANTING #17 Motions and Applications for Admission Pro Hac Vice of Attorneys Luis Etienne Balart (Doc. #17 ), Tyler Seth Blackledge (Doc. #18 ), and Michael J. Wray (Doc. #22 ). Signed by District Judge Terry F. Moorer on 9/27/2023. (mab)
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| Filing 23 RESPONSE in Opposition re #16 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support - Supplement filed by Xcoal Energy & Resources. (Attachments: #1 Exhibit 3) (Hails, Edward) |
| Filing 22 MOTION and APPLICATION for Michael J. Wray to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3275958, Online Credit Card Payment) filed by Xcoal Energy & Resources. (Wray, Michael) |
| Filing 21 RESPONSE in Opposition re #16 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support filed by Xcoal Energy & Resources. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Hails, Edward) |
| Filing 20 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement #6 filed by Xcoal Energy & Resources (Cassady, William) |
| Minute Entry for proceedings held before District Judge Terry F. Moorer: Hearing held on 9/27/2023 re #16 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support filed by Javelin Global Commodities Ltd. Matter taken under submission. Court Reporter Roy Isbell. (mab) |
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Filing 19
TEXT-ONLY ORDER: An in-person hearing is set in this matter on the Emergency Motion to Vacate Maritime Arrest and Attachment (Doc. #16 ) filed by movant Javelin Global Commodities (UK) Ltd for Wednesday, September 27, 2023, at 3:00 p.m. in US Courthouse, Courtroom 3B, 155 St. Joseph Street, Mobile, AL. Signed by District Judge Terry F. Moorer on 9/26/2023. (mab)
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| Filing 18 MOTION and APPLICATION for Tyler Seth Blackledge to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3275714, Online Credit Card Payment) filed by Javelin Global Commodities Ltd. (McDonald, Matthew) |
| Filing 17 MOTION and APPLICATION for Luis Etienne Balart to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3275711, Online Credit Card Payment) filed by Javelin Global Commodities Ltd. (McDonald, Matthew) |
| Filing 16 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support filed by Javelin Global Commodities Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 2, #6 Exhibit 3) (McDonald, Matthew) |
| Filing 15 Statement of Interest filed by Pangaea Logistics Solutions (BVI), Ltd. - Verified Statement of Interest filed by Pangaea Logistics Solutions (BVI), Ltd.. (Betbeze, Jaime) |
| MOTIONS REFERRED: #17 MOTION and APPLICATION for Luis Etienne Balart to Appear Pro Hac Vice; and #18 MOTION and APPLICATION for Tyler Seth Blackledge to Appear Pro Hac Vice; Referred to Judge Terry F. Moorer. (mab) |
| MOTIONS REFERRED: #16 Emergency MOTION to Vacate Maritime Arrest and Attachment and Memorandum in Support Referred to Judge Terry F. Moorer. (mab) |
| Filing 14 RETURN OF SERVICE of USM-285 served 9/23/2023 on M/V Bulk Destiny as to Cargo of Coal. (fz) Modified on 9/27/2023 (tot). |
| Filing 13 Warrant of Arrest and Writ of Foreign Attachment Issued as to Acciaierie D'Italia S.P.A. re: M/V BULK DESTINY (mab) (Main Document 13 replaced on 9/22/2023) (mab). |
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Filing 12
ORDER, GRANTING #5 Motion to Appoint Representative to Serve Vessel with Writ of Non-Resident Attachment. Signed by District Judge Terry F. Moorer on 9/22/2023. (mab)
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Filing 11
ORDER to Permit Repairs, Bunkering, Provisioning, Cargo Operations and Movement/Shifting of the Vessel, granting #4 Motion. Signed by District Judge Terry F. Moorer on 9/22/2023. (mab)
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Filing 10
ORDER Appointing Substitute Custodian, granting #3 Motion, and Appointing Lott Ship Agency, Inc. as substitute custodian. Signed by District Judge Terry F. Moorer on 9/22/2023. (mab)
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Filing 9
ORDER for Writ of Attachment and Garnishment Pursuant to Admiralty Rule B and Alabama Law, granting #2 Motion. Signed by District Judge Terry F. Moorer on 9/22/2023. (mab)
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| Filing 8 AFFIDAVIT re #1 Complaint, Verification of Rule B Complaint- declaration under penalty of perjury by Xcoal Energy & Resources. (Hails, Edward) |
| Filing 7 This action has been transferred from the docket of Magistrate Judge William E. Cassady and is now assigned to the docket of District Judge Terry F. Moorer. To ensure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix TFM-C after the case number on all future pleadings. (jmr) |
| Filing 6 Corporate Disclosure Statement filed by Plaintiff Xcoal Energy & Resources. (Hails, Edward) |
| Filing 5 MOTION to Appoint Process Server to serve vessel filed by Xcoal Energy & Resources. (Attachments: #1 Text of Proposed Order) (Hails, Edward) |
| Filing 4 MOTION to Shift Vessel filed by Xcoal Energy & Resources. (Attachments: #1 Text of Proposed Order) (Hails, Edward) |
| Filing 3 MOTION to Appoint Substitute Custodian filed by Xcoal Energy & Resources. (Attachments: #1 Affidavit, #2 Text of Proposed Order) (Hails, Edward) |
| Filing 2 MOTION for Writ of Attachment filed by Xcoal Energy & Resources. (Attachments: #1 Exhibit proposed writ, #2 Text of Proposed Order proposed order) (Hails, Edward) |
| Filing 1 COMPLAINT against Acciaierie D'Italia S.P.A. ( Filing fee $402 receipt number AALSDC-3273894, Online Credit Card Payment), filed by Xcoal Energy & Resources. 90 day Rule 4m deadline set for 12/21/2023. (Attachments: #1 Civil Cover Sheet civil cover sheet) (Hails, Edward) |
| MOTIONS REFERRED: #2 MOTION for Writ of Attachment; #3 MOTION to Appoint Substitute Custodian; #4 MOTION to Shift Vessel and #5 MOTION to Appoint Process Server to serve vessel; Referred to Judge Terry F. Moorer. (mab) |
| REFERRAL OF #8 Affidavit/Verification of Complaint to Judge Moorer. (mab) |
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