Tug Construction, LLC v. MV Lela Franco, O.N. 1258229 et al

Plaintiff: Tug Construction, LLC
Defendant: MV Lela Franco, O.N. 1258229 and Harley Marine Financing, LLC
Case Number: 2:2019cv02134
Filed: March 21, 2019
Court: US District Court for the Central District of California
Presiding Judge: Charles F Eick
Referring Judge: Stephen V Wilson
Nature of Suit: Contract: Marine
Cause of Action: 28:1333
Jury Demanded By: None

Docket Report

This docket was last retrieved on May 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 14, 2019 Filing 43 SCHEDULING NOTICE by Judge Stephen V. Wilson: The hearing on the Motion for Attorney Fees #32 and the hearing on the Application to Tax Costs #34 are vacated and off-calendar, pursuant to the Notice of Withdrawal #42 , filed on 05/13/2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
May 13, 2019 Filing 42 Notice of Withdrawal of Motion for Attorney Fees #32 filed by PLAINTIFF Tug Construction, LLC. (Attachments: #1 Proof of Service)(Perez, Phillip)
May 10, 2019 Opinion or Order Filing 41 SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: It is unclear, based on the language of the Stipulation for Dismissal #39 , whether Plaintiff's motion for attorneys' fees #32 needs to be addressed. Plaintiff is ORDERED to respond to this inquiry by May 20, 2019. If Plaintiff intends to pursue its motion for attorneys' fees #32 , Plaintiff is also ORDERED by May 20, 2019 to provide a more detailed calculation of the fees that leads to the sum of $41,184.84. The hearing on the motion, currently set for May 20, 2019 at 1:30 p.m., is continued to June 10, 2019 at 1:30 p.m THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
April 29, 2019 Opinion or Order Filing 40 ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE by Judge Stephen V. Wilson, re Stipulation to Dismiss Case #39 . Case Terminated. Made JS-6. (mrgo)
April 26, 2019 Filing 39 STIPULATION to Dismiss Case filed by PLAINTIFF Tug Construction, LLC. (Attachments: #1 Proposed Order GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE, #2 PROOF OF SERVICE)(Perez, Phillip)
April 18, 2019 Filing 38 PROOF OF SERVICE filed by Plaintiff Tug Construction, LLC, re Notice of Lodging #37 , Declaration (Motion related) #33 , Declaration (Motion related) #35 , NOTICE OF MOTION AND MOTION for Attorney Fees #32 , Memorandum in Support of Motion #36 , APPLICATION to the Clerk to Tax Costs against Defendant Harley Marine Financing, LLC #34 served on 4/17/19 and 4/1819. (Webster, Jess)
April 18, 2019 Filing 37 NOTICE OF LODGING filed Proposed Order re NOTICE OF MOTION AND MOTION for Attorney Fees #32 , Memorandum in Support of Motion #36 (Webster, Jess)
April 17, 2019 Filing 36 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Attorney Fees #32 filed by Plaintiff Tug Construction, LLC. (Webster, Jess)
April 17, 2019 Filing 35 DECLARATION of Neil Klein in support of NOTICE OF MOTION AND MOTION for Attorney Fees #32 filed by Plaintiff Tug Construction, LLC. (Webster, Jess)
April 17, 2019 Filing 34 APPLICATION to the Clerk to Tax Costs against Defendant Harley Marine Financing, LLC filed by Plaintiff Tug Construction, LLC. Application set for hearing on 5/20/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Exhibit) (Webster, Jess)
April 17, 2019 Filing 33 DECLARATION of Chris Helmer in support of NOTICE OF MOTION AND MOTION for Attorney Fees #32 filed by Plaintiff Tug Construction, LLC. (Webster, Jess)
April 17, 2019 Filing 32 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Tug Construction, LLC. Motion set for hearing on 5/20/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Exhibit) (Webster, Jess)
April 11, 2019 Filing 31 SERVICE by Publication filed by Plaintiff Tug Construction, LLC. Dates of publication are: April 2, 2019. (Attachments: #1 Proof of Service)(Perez, Phillip)
April 3, 2019 Opinion or Order Filing 30 SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: The Order to Show Cause hearing, set for 4/4/2019 is vacated and off-calendar. Plaintiff is ordered to file a noticed motion for fees and costs by April 17, 2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
April 3, 2019 Opinion or Order Filing 29 ORDER by Judge Stephen V. Wilson: granting #23 Non-Resident Attorney Jess G. Webster APPLICATION to Appear Pro Hac Vice on behalf of plaintiff TUG CONSTRUCTION, LLC, designating Philip Allan Trajan Perez as local counsel. (mrgo)
April 2, 2019 Filing 28 CERTIFICATE of Interested Parties filed by Defendant Harley Marine Financing, LLC, identifying Plaintiff Tug Construction, LLC. (Sims, Nancy)
April 2, 2019 Filing 27 ANSWER to Complaint (Attorney Civil Case Opening), #1 [Verified Complaint for Arrest of Vessel] filed by Defendant Harley Marine Financing, LLC.(Attorney Nancy Nguyen Sims added to party Harley Marine Financing, LLC(pty:dft))(Sims, Nancy)
April 2, 2019 Filing 26 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jess G. Webster to Appear Pro Hac Vice on behalf of Plaintiff Tug Construction, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23475898) #23 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt)
April 1, 2019 Opinion or Order Filing 25 ORDER UPON STIPULATION FOR IMMEDIATE RELEASE OF M/V LELA FRANCO, O.N. 1258229, TO PLAINTIFF TUG CONSTRUCTION, LLC by Judge Stephen V. Wilson, re Stipulation for Order, #24 . It is hereby ORDERED that Tug Construction, as sole owner of the LELA FRANCO, is entitled to the immediate possession of the Vessel; and it is FURTHER ORDERED, that the U.S. Marshal, with provision having been made for its costs, release the LELA FRANCO from arrest forthwith and immediately return the Vessel to Plaintiff Tug Construction or Tug Construction's designated agent, deduct its costs from the Tug Construction's deposit with the U.S. Marshal, and promptly return the balance of the deposit to Tug Construction; (see document for details). (mrgo)
April 1, 2019 Filing 24 Joint STIPULATION for Order FOR IMMEDIATE RELEASE OF M/V LELA FRANCO, O.N. 1258229, TO PLAINTIFF TUG CONSTRUCTION, LLC filed by PLAINTIFF Tug Construction, LLC. (Attachments: #1 Proposed Order UPON STIPULATION FOR IMMEDIATE RELEASE OF M/V LELA FRANCO, O.N. 1258229, TO PLAINTIFF TUG CONSTRUCTION, LLC, #2 PROOF OF SERVICE)(Perez, Phillip)
April 1, 2019 Filing 23 APPLICATION of Non-Resident Attorney Jess G. Webster to Appear Pro Hac Vice on behalf of Plaintiff Tug Construction, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23475898) filed by PLAINTIFF Tug Construction, LLC. (Attachments: #1 Proposed Order ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Perez, Phillip)
April 1, 2019 Opinion or Order Filing 22 SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson - The plaintiff is ordered to file a Notice of Settlement, before the close of business today. The Order to Show Cause hearing is continued to Thursday, April 4, 2019 at 11:00 a.m. The hearing will be vacated upon the filing of the Notice of Settlement. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
April 1, 2019 Filing 21 PROOF OF SERVICE filed by PLAINTIFF Tug Construction, LLC, re Order on Motion to Expedite, Order on Motion for Order to Show Cause #19 , Renewed EX PARTE APPLICATION to Expedite Answer to Verified Complaint Renewed EX PARTE APPLICATION for Order to Show Cause re: why the possession of the LELA FRANCO should not be delivered by the U.S. Marshal to Tug Construction, and why the Court should not enter judgment against Harley Marine Financing, LLC #18 served on 3/29/19. (Perez, Phillip)
April 1, 2019 Filing 20 PROOF OF SERVICE Executed by Plaintiff Tug Construction, LLC, upon Defendant Harley Marine Financing, LLC served on 3/25/2019, answer due 4/15/2019. Service of the Summons and Complaint were executed upon Rosalind Gantman, Assistant Secretary for Washington Corporate Services, Inc., Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Perez, Phillip)
March 28, 2019 Opinion or Order Filing 19 ORDER ON EX PARTE APPLICATION #18 REQUIRING EXPEDITED ANSWER TO VERIFIED COMPLAINT AND TO SHOW CAUSE by Judge Stephen V. Wilson: See order for details. Hearing set for April 2, 2019 at 11:00 a.m. (pc)
March 27, 2019 Filing 18 Renewed EX PARTE APPLICATION to Expedite Answer to Verified Complaint , Renewed EX PARTE APPLICATION for Order to Show Cause re: why the possession of the LELA FRANCO should not be delivered by the U.S. Marshal to Tug Construction, and why the Court should not enter judgment against Harley Marine Financing, LLC filed by PLAINTIFF Tug Construction, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Declaration of Trajan Perez, #6 Declaration of Vanessa Williams-Hall, #7 Proposed Order Requiring Expedited Answer to Verified Complaint and to Show Cause, #8 Proof of Service) (Perez, Phillip)
March 22, 2019 Opinion or Order Filing 17 NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
March 22, 2019 Filing 16 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick. The Magistrate Judge has read and considered "Plaintiff's Ex Parte Application for Order, etc.", ("the Application"), filed 3/21/19. The Magistrate Judge has issued the proposed "Order Authorizing Issuance of a Warrant for Arrest of Vessel." The Application is denied without prejudice to the extent the Application requests an "Order Requiring Expedited Answer to Verified Complaint and to Show Cause" because the Magistrate Judge lacks authority to grant this request. (sp)
March 22, 2019 Filing 15 WARRANT IN REM as to M/V Lela Franco, O.N. 1258229 issued. (sp)
March 22, 2019 Opinion or Order Filing 14 ORDER Appointing Substitute Custodian by Magistrate Judge Charles F. Eick. Plaintiff's Application for Appointment of Substitute Custodian is granted. (See document for further details.)(sp)
March 22, 2019 Opinion or Order Filing 13 ORDER Authorizing Issuance of Warrant for Arrest of Vessel by Magistrate Judge Charles F. Eick. It is Hereby Ordered that the Clerk shall issue a Warrant of Arrest for the M/V Lela Franco, Official Number 1258229, her tackle, engines, etc., as prayed for in the Verified Complaint. (sp)
March 21, 2019 Filing 12 EX PARTE APPLICATION for Issuance of Warrant in Rem as to Warrant for Arrest of Vessel , EX PARTE APPLICATION for Order to Show Cause re: why the possession of the LELA FRANCO should not be delivered by the U.S. Marshal to Tug Construction, and why the Court should not enter judgment against Harley Marine Financing, LLC , EX PARTE APPLICATION to Expedite Answer to Verified Complaint filed by PLAINTIFF Tug Construction, LLC. (Attachments: #1 Proposed Warrant FOR ARREST OF VESSEL (RULE D), #2 Proposed Order AUTHORIZING ISSUANCE OF WARRANT FOR ARREST OF VESSEL, #3 Proposed Order REQUIRING EXPEDITED ANSWER TO VERIFIED COMPLAINT AND TO SHOW CAUSE) (Perez, Phillip)
March 21, 2019 Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Harley Marine Financing, LLC. (ghap)
March 21, 2019 Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant MV Lela Franco, O.N. 1258229. (ghap)
March 21, 2019 Filing 9 EX PARTE APPLICATION to Appoint Substitute Custodian National Liquidators & National Maritime Services filed by PLAINTIFF Tug Construction, LLC. (Attachments: #1 Declaration OF G. ROBERT TONEY IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN, #2 Proposed Order APPOINTING SUBSTITUTE CUSTODIAN) (Perez, Phillip)
March 21, 2019 Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
March 21, 2019 Filing 7 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Charles F. Eick. (ghap)
March 21, 2019 Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Tug Construction, LLC (Perez, Phillip)
March 21, 2019 Filing 5 NOTICE of Interested Parties filed by PLAINTIFF Tug Construction, LLC, identifying TUG CONSTRUCTION, LLC; M/V LELA FRANCO, O.N. 1258229; HARLEY MARINE FINANCING, LLC. (Perez, Phillip)
March 21, 2019 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by PLAINTIFF Tug Construction, LLC. (Perez, Phillip)
March 21, 2019 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by PLAINTIFF Tug Construction, LLC. (Perez, Phillip)
March 21, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Tug Construction, LLC. (Perez, Phillip)
March 21, 2019 Filing 1 COMPLAINT Receipt No: 0973-23419591 - Fee: $400, filed by PLAINTIFF Tug Construction, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Declaration Of Christine Helmer, #11 Declaration Of Jess Webster) (Attorney Phillip Allan Trajan Perez added to party Tug Construction, LLC(pty:pla))(Perez, Phillip)

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Plaintiff: Tug Construction, LLC
Represented By: Phillip Allan Trajan Perez
Represented By: Jess G Webster
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Defendant: MV Lela Franco, O.N. 1258229
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Defendant: Harley Marine Financing, LLC
Represented By: Nancy Nguyen Sims
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