Benicia Harbor Corp. v. M/V Ida Louise, Official No. 224620
Plaintiff: Benicia Harbor Corporation Doing business as Benicia Marina
Defendant: M/V IDA LOUISE, Official No. 224620
Not Classified By Court: Lady Benjamin PD Cannon
Counter Defendant: Benicia Harbor Corporation
Case Number: 2:2023cv00205
Filed: February 2, 2023
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Daniel J Calabretta
Referring Judge: Carolyn K Delaney
Nature of Suit: Other Statutory Actions
Cause of Action: 49 U.S.C. ยง 781 Forfeiture
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2023 Filing 52 WRIT of VENDITIONI EXPONAS ISSUED (original to USM) (Benson, A.) Modified on 10/27/2023 (Benson, A.).
October 26, 2023 Opinion or Order Filing 51 ORDER signed by District Judge Daniel J. Calabretta on 10/26/23 DENYING #39 Lady Benjamin's Cross-Motion to Vacate Arrest and GRANTING #32 Plaintiff's Motion for Interlocutory Sale. Defendant M/V IDA LOUISE, U.S. registry official number 224620, is be sold by the U.S. Marshal for the Eastern District of CA at a public auction; Clerk to issue a Writ of Venditioni Exponas; upon service of a certified copy of this order on the USM, the USM is to give notice of said public sale (or to direct Plaintiff to give notice). The successful bidder is required to pay the USM consistent with Local Rule 570(b) and this order. USM to file a report after the completion of the sale, but no later than one court day before payment of the balance is due. The sale to be confirmed as a matter of course without any affirmative action by the Court if no written objections are timely filed with the Court; the successful purchaser to present a form of order reflecting the confirmation of the sale for entry by the Clerk on or after the fifth day of the sale; USM to transfer title to the purchaser upon presentation of the confirmation order signed by the Clerk; the proceeds from the sale to be deposited into the registry of the Court pending the Court's determination of the disposition of such proceeds. (Benson, A.) (certified copy to USM) Modified on 10/27/2023 (Benson, A.).
October 18, 2023 Filing 50 PROPOSED ORDER re Granting Plaintiffs Motion For Interlocutory Sale Of Vessel And Conditions Of Sale; And Denying Owners Motion To Vacate Arrest re #32 MOTION for Interlocutory Sale of Vessel, #44 Notice to Reschedule Hearing on Motion by Benicia Harbor Corporation. (Kelley, Max)
October 12, 2023 Filing 49 MINUTES FOR MOTION HEARING held before District Judge Daniel J. Calabretta on 10/12/2023. M. Kelley appeared for Plaintiff. P. Jackson, M. Cho appeared for Lady Benjamin PD Cannon. The Court SUBMITTED Plaintiff's #32 Motion for Interlocutory Sale of Vessel and Lady Benjamin PD Cannon's #39 Cross-Motion to Vacate Arrest Order. Order to issue. Court Reporter: R. Alvarez - ECRO. [TEXT ONLY ENTRY] (Michel, G.)
October 11, 2023 Opinion or Order Filing 48 ORDER signed by District Judge Daniel J. Calabretta on 10/10/2023 GRANTING #47 Application for Pro Hac Vice. Added attorney Patrick A. Jackson, PHV for Lady Benjamin PD Cannon. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Donati, J)
October 9, 2023 Filing 47 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Lady Benjamin PD Cannon for attorney Patrick A. Jackson to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-11120154) (Cho, Maria)
September 27, 2023 Filing 46 OPPOSITION by Benicia Harbor Corporation to #39 Motion for Miscellaneous Relief. (Kelley, Max)
September 13, 2023 Filing 45 NOTICE to RESCHEDULE HEARING on #39 Motion for Miscellaneous Relief : Motion Hearing set for 10/12/2023 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Cho, Maria)
September 11, 2023 Filing 44 NOTICE to RESCHEDULE HEARING on #32 Motion for Miscellaneous Relief, : Motion Hearing set for 10/12/2023 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Kelley, Max)
September 7, 2023 Filing 43 CIVIL NEW CASE DOCUMENTS ISSUED. (Attachments: #1 Standing Order in Civil Cases) (Michel, G.)
September 7, 2023 Filing 42 CLERK'S NOTICE: Pursuant to the 41 Minute Order Reassigning Case, this action is Randomly REASSIGNED to District Judge Daniel J. Calabretta for all further proceedings. District Judge John A. Mendez is no longer associated with this case. The case number on all future filed documents shall be: 2:23-cv-0205 DJC CKD. (TEXT ONLY ENTRY)(Donati, J)
September 6, 2023 Filing 41 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 09/06/2023: On the Court's own motion and pursuant to the senior status of District Judge John A. Mendez, the Clerk's Office is DIRECTED to reassign this case to another district judge for all further proceedings. Any hearing dates and deadlines previously set in this matter are VACATED. Counsel SHALL set the hearing on the motion for interlocutory sale of vessel and cross-motion to vacate arrest order before the reassigned judge. (cc: Sac. Operations Supervisor) (York, M)
September 6, 2023 Filing 40 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 09/06/2023: Defendant shall file a reply to the opposition by September 20, 2023; and a response to the cross-motion due by September 20, 2023. The hearing set for 9/26/2023 is hereby VACATED. (York, M)
September 6, 2023 Filing 39 OPPOSITION and CROSS-MOTION to VACATE ARREST ORDER to #32 Motion for Interlocutory Sale of Vessel by Lady Benjamin PD Cannon (Attachments: #1 Declaration)(Cho, Maria) Modified on 9/6/2023 (York, M).
September 6, 2023 Opinion or Order Filing 38 ORDER signed by Senior District Judge John A. Mendez on 09/06/2023 GRANTING #37 Ex Parte Application. Counsel is DIRECTED to file forthwith Lady Benjamins' opposition and cross-motion. (York, M)
September 5, 2023 Filing 37 EX PARTE APPLICATION by Lady Benjamin PD Cannon for to File and Serve a Late Opposition to Plaintiff's Motion for Interlocutory Sale of Vessel #32 . (Attachments: #1 Declaration of Counsel, #2 Exhibit A - Proposed Order, #3 Exhibit B - Opposition and Cross-Motion)(Cho, Maria)
September 1, 2023 Filing 36 REPLY by Benicia Harbor Corporation re #32 Motion for Miscellaneous Relief,. (Kelley, Max)
August 11, 2023 Filing 35 NOTICE to RESCHEDULE HEARING on Plaintiff's #32 Motion for Interlocutory Sale of Vessel : Motion Hearing set for 9/26/2023 at 01:30 PM in Courtroom 6 before Senior Judge John A. Mendez. (Kelley, Max)
August 10, 2023 Filing 34 MINUTE ORDER (Text Only Entry) issued by M York Courtroom Deputy for Senior District Judge John A. Mendez on 08/10/2023: Plaintiff's #32 Motion for Interlocutory Sale of Vessel is noticed for hearing on a date not designated for the Court's civil law and motion calendar. Consequently, the hearing set for 09/19/2023 is VACATED. Counsel shall contact M York, Courtroom Deputy for District Judge John A. Mendez, via email to obtain an available date to re-notice the motion for hearing. Ms. York can be reached at: MYork@caed.uscourts.gov. (York, M)
August 10, 2023 Filing 33 PROPOSED ORDER re #32 Plaintiff's Motion for Interlocutory Sale of Vessel by Benicia Harbor Corporation. (Kelley, Max) Modified on 8/10/2023 (York, M).
August 10, 2023 Filing 32 MOTION for INTERLOCUTORY SALE OF VESSEL by Benicia Harbor Corporation. Motion Hearing set for 9/19/2023 at 01:30 PM in Courtroom 6 before Senior Judge John A. Mendez. (Attachments: #1 Declaration, #2 Proposed Order)(Kelley, Max) Modified on 8/10/2023 (York, M).
June 5, 2023 Opinion or Order Filing 31 PRETRIAL SCHEDULING ORDER signed by Senior Judge John A. Mendez on 06/05/23: SETTING the as follows: Dispositive Motions: 12/27/24; Discovery: 10/25/24; Expert Witness Disclosures: 09/06/24; Supplemental disclosure: 09/20/24; Motion Hearing set for 2/25/2025 at 01:30 AM in Courtroom 6 (JAM) before Senior Judge John A. Mendez; Final Pretrial Conference set for 4/25/2025 at 10:00 AM in Courtroom 6 (JAM) before Senior Judge John A. Mendez; Jury Trial set for 6/9/2025 at 09:00 AM in Courtroom 6 (JAM) before Senior Judge John A. Mendez.(Licea Chavez, V)
May 30, 2023 Filing 30 JOINT STATUS REPORT by Benicia Harbor Corporation. (Kelley, Max)
May 9, 2023 Filing 29 ANSWER by Benicia Harbor Corporation.(Kelley, Max)
May 2, 2023 Filing 28 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Cho, Maria)
April 28, 2023 Filing 27 AMENDED CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Mena-Sanchez, L)
April 28, 2023 Filing 26 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Senior Judge John A. Mendez and Magistrate Judge Carolyn K. Delaney. The new case number is: 2:23-cv-00205-JAM CKD. (Mena-Sanchez, L)
April 24, 2023 Filing 25 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Kelley, Max)
April 19, 2023 Filing 24 MINUTE ORDER issued by Courtroom Deputy, L. Kennison for Magistrate Judge Carolyn K. Delaney on 4/19/2023: The court's records show that all parties have yet to submit the Consent/Decline designation regarding the jurisdiction of the magistrate judge for all purposes, including the entry of final judgment, pursuant to 28 U.S.C. 636(c). See ECF No. #9 . Under Fed. R. Civ. P. 73(b)(1), the parties are under no obligation to consent and a party's response is kept confidential. However, a Consent/Decline designation assists the court in determining how the action will be administratively processed. Accordingly, within fourteen (14) days of this order, any party who has yet to submit the Consent/Decline form shall do so. See ECF No. 9-1 (Consent/Decline Form). (Text Only Entry)(Kennison, L)
April 18, 2023 Filing 23 ANSWER, COUNTERCLAIM against Benicia Harbor Corporation by Lady Benjamin PD Cannon. by Lady Benjamin PD Cannon.(Cho, Maria)
March 31, 2023 Filing 22 CERTIFICATE / PROOF of SERVICE by Benicia Harbor Corporation. (Kelley, Max)
March 30, 2023 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/29/23 ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/29/23 ORDERING That the items of personal property listed on the attached EXHIBIT A are not appurtenances to the Defendant Vessel IDA LOUISE ("Defendant Vessel") and may be removed from the Defendant Vessel by the Substitute Custodian and returned to the Vessel's putative owner Lady Benjamin Cannon, or her authorized agent William Goodyear, at a mutually convenient location, date, and time to be agreed upon by the Parties and the Substitute Custodian, as a soon as reasonably possible. Furthermore, the Substitute Custodian is to provide notice to the U.S. Marshal by delivering a copy of this Order to his or her office. (Licea Chavez, V)
March 28, 2023 Filing 20 STATEMENT Pursuant to FRCP Suppl. Rule C(6) filed by Lady Benjamin PD Cannon re #18 Notice of Proof of Publication. Attorney Cho, Maria added. (Cho, Maria) Modified on 3/30/2023 (Reader, L).
March 28, 2023 Filing 19 STIPULATION and PROPOSED ORDER for Removal of Personal Property from Vessel Ida Louise by Benicia Harbor Corporation. (Attachments: #1 Proposed Order)(Kelley, Max) Modified on 3/30/2023 (Reader, L).
March 23, 2023 Filing 18 PROOF of PUBLICATION by Benicia Harbor Corporation re #17 Order. (Kelley, Max) Modified on 3/24/2023 (Perdue, C.).
March 6, 2023 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/03/23 GRANTING #15 Ex Parte Application. The Notice of Action in Rem and Arrest of Vessel is to be published once weekly for 2 consecutive weeks in the Sacramento Bee. Plaintiff shall file a sworn proof of publication by or on behalf of the publisher of the Sacramento Bee not later than 28 days after the second date of publication of the Notice of Action in Rem and Arrest of Vessel.(Licea Chavez, V)
March 2, 2023 Filing 16 PROPOSED ORDER re #15 Ex Parte Application by Benicia Harbor Corporation. (Kelley, Max) Modified on 3/3/2023 (Benson, A.).
March 2, 2023 Filing 15 EX PARTE APPLICATION for Order of Publication by Benicia Harbor Corporation (Kelley, Max) Modified on 3/3/2023 (Benson, A.).
February 23, 2023 Filing 14 WARRANT RETURNED Executed as to M/V Ida Louise. (Benson, A.)
February 3, 2023 Filing 13 NOTICE of APPEARANCE by Marc T. Cefalu on behalf of Benicia Harbor Corporation. Attorney Cefalu, Marc T. added. (Cefalu, Marc)
February 2, 2023 Filing 12 WARRANT of Arrest of Vessel issued. [Original to USM] (Donati, J)
February 2, 2023 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/2/2023 GRANTING #3 Ex Parte Application. The Clerk is DIRECTED to issue a Warrant for the Arrest of the Vessel and the US Marshal is AUTHORIZED to serve the warrant on the vessel and take custody in this district. (cc USM- Certified Copy with Warrant for Arrest) (Donati, J)
February 2, 2023 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/2/2023 GRANTING #5 Ex Parte Application Appointing Substitute Custodian. (Donati, J)
February 2, 2023 Filing 9 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Kastilahn, A)
February 2, 2023 Filing 8 SUMMONS ISSUED as to *M/V IDA LOUISE, Official No. 224620* with answer to complaint due within *21* days. Attorney *Max Lee Kelley* *Cox, Wootton, Lerner, Griffin & Hansen LLP* *900 Front St., Suite 350* *San Francisco, CA 94111*. (Kastilahn, A)
February 2, 2023 Filing 7 REQUEST for REVIEW of MARITIME ARREST by Benicia Harbor Corporation re #3 Ex Parte Application by Benicia Harbor Corporationby Benicia Harbor Corporation. (Kelley, Max)
February 2, 2023 Filing 6 PROPOSED ORDER re #5 Ex Parte Application by Benicia Harbor Corporation. (Kelley, Max)
February 2, 2023 Filing 5 EX PARTE APPLICATION by Benicia Harbor Corporation for An Order Appointing Substitute Custodian. (Attachments: #1 Affidavit Of John Ash )(Kelley, Max)
February 2, 2023 Filing 4 PROPOSED ORDER re #3 Ex Parte Application by Benicia Harbor Corporation. (Kelley, Max)
February 2, 2023 Filing 3 EX PARTE APPLICATION by Benicia Harbor Corporation for An Order Directing the Issuance Of A Warrant Of Maritime Arrest. (Attachments: #1 Proposed Order(Kelley, Max)
February 2, 2023 Filing 2 CORPORATE DISCLOSURE STATEMENT by Plaintiff Benicia Harbor Corporation. (Kelley, Max)
February 2, 2023 Filing 1 COMPLAINT against M/V IDA LOUISE, Official No. 224620, by Benicia Harbor Corporation. Attorney Kelley, Max Lee added. (Filing fee $ 402, receipt number ACAEDC-10678229) (Kelley, Max) (Attachment(s): #1 Civil Cover Sheet)

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Plaintiff: Benicia Harbor Corporation Doing business as Benicia Marina
Represented By: Max Lee Kelley
Represented By: Marc T. Cefalu
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Defendant: M/V IDA LOUISE, Official No. 224620
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Not classified by court: Lady Benjamin PD Cannon
Represented By: Maria Cho
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Counter defendant: Benicia Harbor Corporation
Represented By: Marc T. Cefalu
Represented By: Max Lee Kelley
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