In Re: Yang Ming Marine Transport Corporation
| Yang Ming Marine Transport Corporation and Hapag-Lloyd Aktiengesellschaft |
| NYK Shipmanagement Pte Ltd, Jessica Ship Holding SA, Chidori Ship Holding LLC, Master and crew of the M/V ONE APUS and Ocean Network Express Ptd. Lte |
| 8:2021mc00016 |
| March 31, 2021 |
| US District Court for the Central District of California |
| David O Carter |
| John D Early |
| Other Statutory Actions |
| None |
Docket Report
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Filing 25
MINUTE (In Chambers) Order Denying Requests and Closing Actions by Magistrate Judge John D. Early. The Court finds the issues raised in the Actions are now moot, DENIES the Applications and Petition in the Actions as moot, and ORDERS that each Action be closed. (see document for further details) (hr)
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| Filing 24 STATUS REPORT filed by Movant Hapag-Lloyd Aktiengesellschaft. (Lempriere, Philip) |
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Filing 23
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early: re: Status Report #22 . In light of the Status Report, the Court will take no action in any of the Actions at this time except: (1) in the Hapag Action, the Court WITHDRAWS the Report and Recommendation (Hapag Action, Dkt. 6) and DENIES the ex parte application to file an Amended Application (Hapag Action, Dkt. 7) as moot, without prejudice; and (2) in the HMM Action, the Court GRANTS the ex parte application to Supplement Points and Authorities (HMM Action, Dkt. 8) but takes no further action on the substance of the request. Counsel for Hapag is ordered to file a further Status Report in each of the Actions when the Vessel departs the Court's jurisdiction or when the parties confirm that they have no further disputes to be determined by the Court, whichever occurs first, at which time the Applications/Petitions in the Actions will be denied as moot and the Actions administratively closed. (mba)
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| Filing 22 STATUS REPORT filed by Movant Hapag-Lloyd Aktiengesellschaft. (Lempriere, Philip) |
| Filing 21 MINUTES OF Telephonic Hearing re Status held before Magistrate Judge John D. Early: The matter was called and counsel made appearances. Out-of-state counsel for certain insurers and for a recovery agent were also on the call. Counsel for Hapag Lloyd Aktiengesellschaft agreed to prepare and file a status report with the Court by 3:00 p.m. on Monday, April 12, 2021. (see document for further details) Tape #: CS 04/09/21. (bm) |
| Filing 20 REFUND OF $353.00 made payable on 04/09/2021 to Galin Luk for payment made on 03/31/2021 Re: APPLICATION for Refund of Fees Paid Re: Deficiency in Attorney Case Opening - optional html form, #7 #8 . (rdj) |
| Filing 19 MEMORANDUM in Opposition to Yang Ming's Petition [DKT 1] filed by Respondents Chidori Ship Holding LLC, Jessica Ship Holding SA, Master and crew of the M/V ONE APUS. (Attachments: #1 Declaration of Alan Nakazawa)(Attorney Alan Nakazawa added to party Chidori Ship Holding LLC(pty:res), Attorney Alan Nakazawa added to party Jessica Ship Holding SA(pty:res), Attorney Alan Nakazawa added to party Master and crew of the M/V ONE APUS(pty:res))(Nakazawa, Alan) |
| Filing 18 PROOF OF SERVICE filed by Petitioner Yang Ming Marine Transport Corporation, Yang Ming Marine Transport Corporation, re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #12 , Minutes of In Chambers Order/Directive - no proceeding held,,,,, #11 Proof of Service on Samuel Coluzzi served on April 8, 2021. (Luk, Galin) |
| Filing 17 DECLARATION of Galin G. Luk re Proof of Service (subsequent documents), #13 , Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #12 , Minutes of In Chambers Order/Directive - no proceeding held,,,,, #11 , Proof of Service (subsequent documents), #14 , Proof of Service (subsequent documents), #15 Declaration of Galin G. Luk Regarding Service to Counsel of Emergency Verified Petition of Yang Ming Transport Corp. for an Order Pursuant to Fed. R. Civ. P. Rule 27 to Preserve Testimony and Evidence and an Ex Parte Application Pursuant to 28 U.S.C. 1782 to Obtain Order for Discovery for use in Foreign Proceedings filed by Petitioner Yang Ming Marine Transport Corporation, In Re Yang Ming Marine Transport Corporation. (Luk, Galin) |
| Filing 16 PROOF OF SERVICE filed by Petitioner Yang Ming Marine Transport Corporation, Yang Ming Marine Transport Corporation, re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #12 , Minutes of In Chambers Order/Directive - no proceeding held,,,,, #11 Proof of Service on Kirsten Hansen served on April 8, 2021. (Luk, Galin) |
| Filing 15 PROOF OF SERVICE filed by Petitioner Yang Ming Marine Transport Corporation, Yang Ming Marine Transport Corporation, re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #12 , Minutes of In Chambers Order/Directive - no proceeding held,,,,, #11 Proof of Service of Orders on Ocean Network Express Pte. Ltd. served on April 7, 2021. (Luk, Galin) |
| Filing 14 PROOF OF SERVICE filed by Petitioner Yang Ming Marine Transport Corporation, Yang Ming Marine Transport Corporation, re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #12 , Minutes of In Chambers Order/Directive - no proceeding held,,,,, #11 Proof of Service on Chidori Ship Holding LLC and Jessica Ship Holding SA served on April 1, 2021. (Luk, Galin) |
| Filing 13 PROOF OF SERVICE filed by Petitioner Yang Ming Marine Transport Corporation, Yang Ming Marine Transport Corporation, re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #12 , Minutes of In Chambers Order/Directive - no proceeding held,,,,, #11 Proof of Service on Ocean Network Express Pte. Ltd. served on April 1, 2021. (Luk, Galin) |
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Filing 12
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early, re Order Setting Hearing. On March 26, 2021, Hapag Lloyd Aktiengesellschaft ("Hapag") filed an Application for Order Authorizing Discovery for Use in Foreign Proceedings Under 28 U.S.C. 1782 in Central District of California Case No. 8:21-mc-15-DOC-JDE (the "Hapag Action"), with the matter assigned to the current judicial officers on March 30, 2021. On March 30, 2021, HMM Co. Ltd. ("HMM") filed an Application for Order Pursuant to 28 U.S.C. 1782 to Obtain Discovery for in Foreign Proceedings in Central District of California Case No. 2:21-mc-474-DOC-JDE (the "HMM Action"), with the matter reassigned to the current judicial officers on April 6, 2021. On March 31, 2021, Yang Ming Marine Transport Corporation ("Yang Ming") filed an Emergency Verified Petition for an Order Pursuant to Fed. R. Civ. P. Rule 27 to Preserve Testimony and Evidence and an Ex Parte Application Pursuant to 28 U.S.C. 1782 to Obtain Order for Discovery for Use in Foreign Proceedings in Central District of California Case No. 8:21-mc-16-DOC-JDE (the "Yang Ming Action"), with the matter reassigned to the current judicial officers on April 5, 2021. The foregoing three actions are collectively referred to herein as the "Actions." As the Actions relate to the same underlying incident and seek orders compelling similar if not identical discovery on shortened notice, the Court finds the interests of justice would be served in having counsel in the Actions appear for a telephonic hearing on Friday, April 9. 2021 starting at 9:00 a.m.(SEE DOCUMENT FOR FURTHER DETAILS) (mba)
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Filing 11
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early re Service of Petition and this Order and Deadline for Filing Opposing Papers. Currently pending before the Court is Yang Ming Marine Transport Corporation's ("Movant") Emergency Verified Petition for an Order Pursuant to Fed. R. Civ. P. Rule 27 to Preserve Testimony and Evidence and an Ex Parte Application Pursuant to 28 U.S.C. 1782 to Obtain Order for Discovery for Use in Foreign Proceedings filed on March 31, 2021. On April 7, 2021, at 12:40 p.m., Movant filed a supplemental declaration advising, among other things, that it was advised on April 2, 2021 that counsel for Chidori and Jessica objected to the Petition and sought an opportunity to oppose the Petition. Movant is hereby ORDERED to, by 10:00 a.m. on April 8, 2021, file proof of service of the Petition and supporting papers and this Order on: (a) "each expected adverse party," including but not limited ONE, Chidori, Jessica, and NYK and any other person or entity that Movant reasonably expects is or may be an "adverse party" in any litigation involving Movant arising from the November 2020 container ship collapse; and (b) any person or entity from whom Movant seeks discovery as part of the Petition.(SEE DOCUMENT FOR FURTHER DETAILS) (mba)
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| Filing 10 DECLARATION of Galin G. Luk re Miscellaneous Document, #4 , Notice of Related Case(s) #5 , Transferring Case purs GO 21-01 (Related Case)(CV-34), #9 , Petition (Attorney Civil Case Opening),, #1 , Declaration, #3 , Declaration,, #2 Declaration of Galin G. Luk in Support of Emergency Verified Petition of Yang Ming Transport Corp. for an Order Pursuant to Fed. R. Civ. P. Rule 27 to Preserve Testimony And Evidence and an Ex Parte Application Pursuant to 28 U.S.C. 1782 to Obtain Order for Discovery for use in Foreign Proceedings filed by Petitioner Yang Ming Marine Transport Corporation, In Re Yang Ming Marine Transport Corporation. (Attachments: #1 Exhibit)(Luk, Galin) |
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:21-mc-00015 DOC(JDEx). Case transferred from Magistrate Judge Douglas F. McCormick and Judge James V. Selna to Judge David O. Carter and Magistrate Judge John D. Early for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:21-mc-00016 DOC(JDEx). Signed by Judge David O. Carter (rn)
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| Filing 8 APPLICATION for Refund of Fees Paid Re: Deficiency in Attorney Case Opening - optional html form, #7 filed by Petitioner Yang Ming Marine Transport Corporation, Yang Ming Marine Transport Corporation. (Attorney Galin G Luk added to party Yang Ming Marine Transport Corporation(pty:inre)) (Luk, Galin) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition (Attorney Civil Case Opening),, #1 . The following error(s) was found: Other error(s) with document(s): The filing fee for this case type is $49.00 The fee received on this case is $402. Counsel may request a refund by e-filing an Application for Refund of Fees form G-124. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Douglas F. McCormick. (car) |
| Filing 5 NOTICE of Related Case(s) filed by Petitioner Yang Ming Marine Transport Corporation. Related Case(s): 8:21-mc-00015, 2:21-mc-00474-VAP-PVCx (Luk, Galin) |
| Filing 4 [Proposed] Order Granting Emergency Verified Petition of Yang Ming Marine Transport Corp. For an Order Pursuant to Fed. R. Civ.P. Rule 27 to Preserve Testimony and Evidence and an Ex Parte Application Pursuant to 28 U.S.C. 1782 to Obtain Order for Discovery for Use in Foreign Proceedings re: Petition (Attorney Civil Case Opening),, #1 , Declaration, #3 , Declaration,, #2 (Luk, Galin) |
| Filing 3 DECLARATION of Andrew Rigden Green re Petition (Attorney Civil Case Opening),, #1 , Declaration,, #2 in Support of Emergency Verified Petition of Yang Ming Marine Transport Corp. For an Order Pursuant to Fed. R. Civ.P. Rule 27 to Preserve Testimony and Evidence and an Ex Parte Application Pursuant to 28 U.S.C. 1782 to Obtain Order for Discovery for Use in Foreign Proceedings filed by Petitioner Yang Ming Marine Transport Corporation. (Luk, Galin) |
| Filing 2 DECLARATION of Zeb Yang re Petition (Attorney Civil Case Opening),, #1 in Support of Emergency Verified Petition of Yang Ming Marine Transport Corp. For an Order Pursuant to Fed. R. Civ.P. Rule 27 to Preserve Testimony and Evidence and an Ex Parte Application Pursuant to 28 U.S.C. 1782 to Obtain Order for Discovery for Use in Foreign Proceedings filed by Petitioner Yang Ming Marine Transport Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Luk, Galin) |
| Filing 1 PETITION Emergency Verified Petition of Yang Ming Marine Transport Corp. For an Order Pursuant to Fed. R. Civ.P. Rule 27 to Preserve Testimony and Evidence and an Ex Parte Application Pursuant to 28 U.S.C. 1782 to Obtain Order for Discovery for Use in Foreign Proceedings with filing fee previously paid ($402.00 paid on 03/31/2021, receipt number ACACDC-31024193), filed by Petitioner Yang Ming Marine Transport Corporation. (Attorney Galin G Luk added to party Yang Ming Marine Transport Corporation(pty:pet))(Luk, Galin) |
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