TOWNLEY, INC. v. SCL NIELSEN MULTIMODAL TRANSPORT, INC. et al
| TOWNLEY, INC. |
| SCL NIELSEN MULTIMODAL TRANSPORT, INC., HSIN SILK ROAD SHIPPING USA, INC., NINGBO HSRNINGBO JOHANG INTERNATIONAL LOGISTICS CO., LTD and Container Nos. LYGU3535483, LYGU3536237, LYGU3534511 and LYGU3534189 |
| 2:2022cv02701 |
| April 22, 2022 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Jean P Rosenbluth |
| Contract: Marine |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 38 NOTICE of Related Case(s) filed by Plaintiff TOWNLEY, INC.. Related Case(s): 22-cv-02711, 22-cv-03660, 22-04075, 22-02630 (Price, Kristen) |
| Filing 37 DEFAULT BY CLERK F.R.Civ.P.55(a) as to SCL Nielsen Multimodal Transport, Inc., Hsin Silk Road Shipping USA, Inc. (iv) |
| Filing 36 EX PARTE APPLICATION for Entry of Default against defendants HSIN SILK ROAD SHIPPING USA, INC., SCL NIELSEN MULTIMODAL TRANSPORT, INC. filed by Plaintiff TOWNLEY, INC.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Price, Kristen) |
| Filing 35 PROOF OF SERVICE Executed by Plaintiff TOWNLEY, INC., upon Defendant HSIN SILK ROAD SHIPPING USA, INC. served on 5/10/2022, answer due 5/31/2022. Service of the Summons and Complaint were executed upon Wei Yang in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Price, Kristen) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff TOWNLEY, INC., upon Defendant SCL NIELSEN MULTIMODAL TRANSPORT, INC. served on 5/11/2022, answer due 6/1/2022. Service of the Summons and Complaint were executed upon Felicia Vargas - Customer Solution Administrator in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Price, Kristen) |
| Filing 33 NOTICE OF DEFICIENCY Re: Ex Parte Application for Entry of Default against defendants HSIN SILK ROAD SHIPPING USA, INC., SCL NIELSEN MULTIMODAL TRANSPORT, INC. #32 . The Clerk cannot enter the requested relief as: No proof of service/waiver of service on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (iv) |
| Filing 32 EX PARTE APPLICATION for Entry of Default against defendants HSIN SILK ROAD SHIPPING USA, INC., SCL NIELSEN MULTIMODAL TRANSPORT, INC. filed by Plaintiff TOWNLEY, INC.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Price, Kristen) |
| Filing 31 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Innovative Terminal Services on 5/18/2022. Remarks: # of Deputies: 2. Total Deputy Time: 4 hours. R/T Mileage: 104. # of Vehicles: 2. (iv) |
| Filing 30 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Innovative Terminal Services on 5/18/2022. Remarks: # of Deputies: 2. Total Deputy Time: 4 hours. R/T Mileage: 104. # of Vehicles: 2. (iv) |
Filing 29
ORDER Appointing Substitute Custodian by Judge Michael W. Fitzgerald. THEREFORE, IT IS HEREBY ORDERED that the United States Marshal for the Central District of California, be, and he is hereby, authorized and directed upon his seizure of said in rem defendants, pursuant to the Warrant for Arrest, to surrender the possession thereof to the substitute custodian named herein, and that upon such surrender the Marshal shall be discharged from his duties and responsibilities for the safekeeping of said in rem defendants and held harmless from any and all claims whatever arising out of said substituted possession and safekeeping. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 28 WARRANT IN REM as to Container Nos. LYGU3535483, LYGU3536237, LYGU3534511 and LYGU3534189 issued (rolm) |
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Filing 27
ORDER Granting Plaintiff's Second Ex Parte Application for Issuance of Warrant of Arrest and Appointment of Substitute Custodian by Judge Michael W. Fitzgerald. Before the Court is Plaintiff Townley, Inc.s Second Ex Parte Application for Issuance of Warrant of Arrest and Appointment of Substitute Custodian (the Second Application), filed on May 5, 2022. (Docket No. 26). The Second Application is GRANTED. granting #26 EX PARTE APPLICATION for Issuance of Warrant in rem (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 26 Second EX PARTE APPLICATION for Issuance of Warrant in Rem as to Arrest of in rem defendants Container Nos. LYGU3535483, LYGU3536237, LYGU3534511, LYGU3534189, and their contents filed by plaintiff TOWNLEY, INC.. (Attachments: #1 Memorandum in support of 2nd Ex Parte Application, #2 Proposed Order Appointing Substitute Custodian, #3 Proposed Warrant, #4 Notice of Arrest, #5 Declaration Re Mailing of Documents Return Receipt Requested) (Price, Kristen) |
| Filing 25 FIRST AMENDED COMPLAINT against Defendants Container Nos. LYGU3535483, LYGU3536237, LYGU3534511 and LYGU3534189, HSIN SILK ROAD SHIPPING USA, INC., NINGBO HSRNINGBO JOHANG INTERNATIONAL LOGISTICS CO., LTD, SCL NIELSEN MULTIMODAL TRANSPORT, INC. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff TOWNLEY, INC. (Attachments: #1 Exhibit A)(Price, Kristen) |
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Filing 24
ORDER Denying Plaintiff's Ex Parte Application for Issuance of Warrant in Rem as to Arrest of in Rem Defendants by Judge Michael W. Fitzgerald. Because the Application is not supported by a valid maritime lien, the Application is DENIED without prejudice. Whether the in personam defendants have breached a contract or, indeed, are committing some form of extortion is not something to be decided in an in rem proceeding. The Court notes that Docket No. 23 was improperly filed as an Ex Parte Application. The proposed Warrant for Arrest should have been filed with a Notice of Lodging. The Clerk is directed to terminate the gavel at Docket No. 23. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS.) denying #18 EX PARTE APPLICATION for Issuance of Warrant in rem (rolm)
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| Filing 23 EX PARTE APPLICATION for Issuance of Warrant in Rem as to Arrest of in rem defendants filed by plaintiff TOWNLEY, INC.. (Attachments: #1 Proposed Warrant Notice of Arrest) (Price, Kristen) |
| Filing 22 DECLARATION of Steven W. Block in support of EX PARTE APPLICATION for Issuance of Warrant in Rem as to Arrest of in rem defendants Container Nos. LYGU3535483, LYGU3536237, LYGU3534511, and LYGU3534189 #18 filed by Plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 21 DECLARATION of Power Hsu in support of EX PARTE APPLICATION for Issuance of Warrant in Rem as to Arrest of in rem defendants Container Nos. LYGU3535483, LYGU3536237, LYGU3534511, and LYGU3534189 #18 filed by Plaintiff TOWNLEY, INC.. (Attachments: #1 Exhibit 1)(Price, Kristen) |
| Filing 20 DECLARATION of Zeljan Nonkovic in support of EX PARTE APPLICATION for Issuance of Warrant in Rem as to Arrest of in rem defendants Container Nos. LYGU3535483, LYGU3536237, LYGU3534511, and LYGU3534189 #18 filed by Plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 19 MEMORANDUM in Support of EX PARTE APPLICATION for Issuance of Warrant in Rem as to Arrest of in rem defendants Container Nos. LYGU3535483, LYGU3536237, LYGU3534511, and LYGU3534189 #18 filed by Plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 18 EX PARTE APPLICATION for Issuance of Warrant in Rem as to Arrest of in rem defendants Container Nos. LYGU3535483, LYGU3536237, LYGU3534511, and LYGU3534189 filed by plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 17 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant NINGBO HSRNINGBO JOHANG INTERNATIONAL LOGISTICS CO., LTD. (iv) |
| Filing 16 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant SCL NIELSEN MULTIMODAL TRANSPORT, INC. (iv) |
| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant HSIN SILK ROAD SHIPPING USA, INC. (iv) |
| Filing 14 Corporate Disclosure Statement and NOTICE of Interested Parties filed by Plaintiff TOWNLEY, INC., (Price, Kristen) |
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 10 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (jtil) |
| Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Jean P. Rosenbluth. (jtil) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff TOWNLEY, INC.. (Price, Kristen) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33177125 - Fee: $402, filed by plaintiff TOWNLEY, INC.. (Attachments: #1 Exhibit A) (Attorney Kristen Price added to party TOWNLEY, INC.(pty:pla))(Price, Kristen) |
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