Bailey v. Plains All American Pipeline, L.P. et al
Plaintiff: Mr. Kenneth J Bailey
Defendant: Plains All American Pipeline, L.P., Plains Product Terminals, LLC, Ocean Yield ASA, TransMontaigne Operating Company, LP, Navig8 Chemical Tankers, Inc. and Navig8 Chemical Tankers 10, Inc.
Case Number: 3:2019cv01441
Filed: March 20, 2019
Court: US District Court for the Northern District of California
Presiding Judge: James Donato
Referring Judge: Kandis A Westmore
Nature of Suit: Marine
Cause of Action: 28 U.S.C. § 1333
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2021 Opinion or Order Filing 66 Order. In response to Dkt. No. 65, the parties may invite the lien claimant to participate in settlement discussions, but the Court has no authority over non-parties. The parties are directed to select an ADR method and advise the Court of their choice. The Court will not refer the case to a magistrate judge at this time. Signed by Judge James Donato on 8/17/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 8/17/2021)
August 10, 2021 Filing 65 STIPULATION WITH PROPOSED ORDER and Request for Further Case Management Conference filed by Kenneth J Bailey. (Villeggiante, Michael) (Filed on 8/10/2021)
July 7, 2021 Set Deadlines/Hearings: Designation of Experts due by 9/24/2021. Rebuttal Reports due by 10/15/2021. (lrcS, COURT STAFF) (Filed on 7/7/2021)
July 7, 2021 Filing 64 ***DISREGARD FILED IN ERROR***ORDER. (lrcS, COURT STAFF).
July 7, 2021 Opinion or Order Filing 63 SECOND AMENDED SCHEDULING ORDER. Signed by Judge James Donato on 7/7/2021. (jdlc1S, COURT STAFF) (Filed on 7/7/2021)
June 23, 2021 Filing 62 STIPULATION WITH PROPOSED ORDER Request to Extend Discovery Deadlines filed by TransMontaigne Operating Company, LP. (Attachments: #1 Declaration of Counsel in Support of Joint Stipulated Request to Extend Discovery Deadlines, #2 Proposed Order Granting Joint Stipulated Request to Extend Discovery Deadlines)(Huber, Marisa) (Filed on 6/23/2021)
May 26, 2021 Filing 61 NOTICE of Change of Address by Marisa Gale Huber (Huber, Marisa) (Filed on 5/26/2021)
April 9, 2021 Opinion or Order Filing 60 AMENDED SCHEDULING ORDER. Signed by Judge James Donato on 4/9/2021. (jdlc1S, COURT STAFF) (Filed on 4/9/2021)
March 29, 2021 Filing 59 STIPULATION WITH PROPOSED ORDER Request to Extend Discovery Deadlines filed by TransMontaigne Operating Company, LP. (Attachments: #1 Declaration of Counsel in Support of Joint Stipulated Request to Extend Discovery Deadlines, #2 Proposed Order Granting Joint Stipulated Request to Extend Discovery Deadlines)(Huber, Marisa) (Filed on 3/29/2021)
May 15, 2020 Opinion or Order Filing 58 CASE MANAGEMENT SCHEDULING ORDER: Close of Expert Discovery due by 6/7/2021. Close of Fact Discovery due by 3/29/2021. Designation of Experts due by 4/26/2021. Dispositive Motion due by 7/12/2021. Rebuttal Reports due by 5/17/2021. Jury Selection set for 12/13/2021 09:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Jury Trial set for 12/13/2021 09:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Pretrial Conference set for 11/4/2021 01:30 PM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato.. Signed by Judge James Donato on 5/15/2020. (lrcS, COURT STAFF) (Filed on 5/15/2020)
May 13, 2020 #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #57 Answer to Crossclaim filed by Navig8 Ch emical Tankers 10, Inc. (mclS, COURT STAFF) (Filed on 5/13/2020)
May 12, 2020 Filing 57 Navig8 Chemical Tankers 10 Inc. ANSWER to #55 Defendant Transmontaigne Operating Company LPs Cross-Claim by Navig8 Chemical Tankers 10, Inc.. (Luk, Galin) (Filed on 5/12/2020) Modified on 5/13/2020 (mclS, COURT STAFF).
May 6, 2020 Filing 56 ANSWER TO CROSSCLAIM #53 Crossclaim, byTransMontaigne Operating Company, LP. (Huber, Marisa) (Filed on 5/6/2020)
April 22, 2020 #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #54 Answer to Amended Complaint filed by Tr ansMontaigne Operating Company, LP (mclS, COURT STAFF) (Filed on 4/22/2020)
April 21, 2020 Filing 55 CROSSCLAIM against Navig8 Chemical Tankers 10, Inc.. Filed byTransMontaigne Operating Company, LP. (Huber, Marisa) (Filed on 4/21/2020)
April 21, 2020 Filing 54 ANSWER to #50 Fourth Amended Complaint byTransMontaigne Operating Company, LP. (Huber, Marisa) (Filed on 4/21/2020) Modified on 4/22/2020 (mclS, COURT STAFF).
April 16, 2020 #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #52 Answer to Amended Complaint filed by Na vig8 Chemical Tankers 10, Inc. (mclS, COURT STAFF) (Filed on 4/16/2020)
April 15, 2020 Filing 53 CROSSCLAIM Cross-Claimant Navig8 Chemical Tanker 10 Inc.s Cross Claim for Equitable Indemnity, Contribution and Declaratory Relief Against Cross-Defendant Transmontaigne Operating Company LP; and Roes 1 through 20, inclusive against TransMontaigne Operating Company, LP. Filed byNavig8 Chemical Tankers 10, Inc.. (Luk, Galin) (Filed on 4/15/2020)
April 15, 2020 Filing 52 Navig8 Chemical Tankers 10 Inc. ANSWER to #50 Fourth Amended Complaint byNavig8 Chemical Tankers 10, Inc. (Luk, Galin) (Filed on 4/15/2020) Modified on 4/16/2020 (mclS, COURT STAFF).
April 2, 2020 Filing 51 Minute Entry for proceedings held before Judge James Donato: Initial Case Management Conference held on 4/2/2020.Total Time in Court: 10 minutes. Court Reporter: Not Reported. (lrcS, COURT STAFF) (Date Filed: 4/2/2020)
April 1, 2020 Filing 50 AMENDED COMPLAINT (4th) against Navig8 Chemical Tankers 10, Inc., TransMontaigne Operating Company, LP. Filed byKenneth J Bailey. (Villeggiante, Michael) (Filed on 4/1/2020)
April 1, 2020 Filing 49 STIPULATION to file 4th Amended Complaint per FRCP 15(a)(2) filed by Kenneth J Bailey. (Villeggiante, Michael) (Filed on 4/1/2020)
March 27, 2020 Opinion or Order Filing 48 ORDER. The case management conference scheduled for April 2, 2020, at 10:00 a.m., will be held telephonically. The parties are directed to contact CourtCall at 866-582-6878 by March 31, 2020, to schedule their appearances. The parties should call in from a landline if at all possible. A single speaker for each party should be designated for the conference, and phone lines must be muted except when speaking. Signed by Judge James Donato on 3/27/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 3/27/2020)
March 26, 2020 Filing 47 JOINT CASE MANAGEMENT STATEMENT Including Joint FRCP Rule 26(F) Report filed by TransMontaigne Operating Company, LP. (Huber, Marisa) (Filed on 3/26/2020)
March 24, 2020 Opinion or Order Filing 46 ORDER re #44 Stipulation. Signed by Judge James Donato on 3/24/2020. (jdlc1S, COURT STAFF) (Filed on 3/24/2020)
March 20, 2020 Filing 45 AMENDED COMPLAINT (3d) against TransMontaigne Operating Company, LP, Navig8 Chemical Tankers 10, Inc.. Filed byKenneth J Bailey. (Villeggiante, Michael) (Filed on 3/20/2020)
March 20, 2020 #Electronic filing error. Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials on future filings. Re:[4 5] Amended Complaint filed by Kenneth J Bailey (mclS, COURT STAFF) (Filed on 3/20/2020)
March 17, 2020 Filing 44 STIPULATION WITH PROPOSED ORDER re #39 Clerk's Notice of Entry of Default Stipulation (and Proposed Order) for Relief from Clerks Entry of Default, Amendment of Complaint and Dismissal of a Defendant Without Prejudice filed by Navig8 Chemical Tankers, Inc.. (Luk, Galin) (Filed on 3/17/2020)
February 28, 2020 Opinion or Order Filing 43 CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 4/2/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 3/26/2020. Signed by Judge James Donato on 2/28/2020. (lrcS, COURT STAFF) (Filed on 2/28/2020)
February 25, 2020 Opinion or Order Filing 42 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 02/25/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 2/25/2020)
February 24, 2020 Filing 41 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 2/24/2020)
February 18, 2020 Filing 40 FURTHER UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Kenneth J Bailey and TransMontaigne Operating Company, LP. (Villeggiante, Michael) (Filed on 2/18/2020) Modified on 2/19/2020 (jjbS, COURT STAFF). Modified on 2/19/2020 (jjbS, COURT STAFF).
January 8, 2020 Filing 39 Corrected Clerk's Notice ENTRY OF DEFAULT as to Navig8 Chemical Tankers, Inc. (jjbS, COURT STAFF) (Filed on 1/8/2020)
January 3, 2020 Filing 38 Clerk's DECLINATION OF DEFAULT as to Navig8 Chemical Tankers, Inc. (Related documents(s) #36 )(jjbS, COURT STAFF) (Filed on 1/3/2020)
January 3, 2020 Filing 37 CERTIFICATE OF SERVICE by Kenneth J Bailey (Hague Certificate) (Villeggiante, Michael) (Filed on 1/3/2020)
January 3, 2020 #Electronic filing error. No caption Page. Please refer to Civil Local Rules 3-4 re first page requirement and re-file in its entirety. Re: #35 Certificate of Service filed by Ken neth J Bailey. (jjbS, COURT STAFF) (Filed on 1/3/2020)
January 2, 2020 Filing 36 MOTION for Entry of Default of Navig8 Chemical Tankers, Inc. filed by Kenneth J Bailey. (Attachments: #1 Declaration of Michael Villeggiante in Support of Plaintiff's Request to Enter Default)(Villeggiante, Michael) (Filed on 1/2/2020)
January 2, 2020 Filing 35 CERTIFICATE OF SERVICE by Kenneth J Bailey (Hague Certificate) (Villeggiante, Michael) (Filed on 1/2/2020)
November 25, 2019 Filing 34 CLERK'S NOTICE: The parties are hereby notified that the Initial Case Management Conference is rescheduled to 2/25/2020 at 1:30 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Kandis A. Westmore. The Case Management Statement is now due by 2/18/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 11/25/2019)
November 22, 2019 Filing 33 Updated JOINT CASE MANAGEMENT STATEMENT filed by Kenneth J Bailey and TransMontaigne Operating Company LP. (Villeggiante, Michael) (Filed on 11/22/2019) Modified on 11/25/2019 (jjbS, COURT STAFF).
August 29, 2019 Filing 32 CLERK'S NOTICE. Notice is hereby given that the Initial Case Management Conference set for 9/3/2019 is rescheduled to 12/3/2019 at 1:30 pm. A joint case management statement is due by 11/26/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 8/29/2019)
August 27, 2019 Filing 31 JOINT CASE MANAGEMENT STATEMENT Including Joint FRCP Rule 26(f) Report filed by TransMontaigne Operating Company, LP. and Kenenth J. Bailey(Huber, Marisa) (Filed on 8/27/2019) Modified on 8/28/2019 (jjbS, COURT STAFF). Modified on 8/28/2019 (jjbS, COURT STAFF).
August 27, 2019 Filing 30 Certificate of Interested Entities by Kenneth J Bailey (Villeggiante, Michael) (Filed on 8/27/2019)
August 20, 2019 Filing 29 Answer to #22 Second Amended Complaint by TransMontaigne Operating Company, LP. (Huber, Marisa) (Filed on 8/20/2019) Modified on 8/20/2019 (jjbS, COURT STAFF).
August 16, 2019 Filing 28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Huber, Marisa) (Filed on 8/16/2019)
August 14, 2019 Filing 27 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Villeggiante, Michael) (Filed on 8/14/2019)
August 14, 2019 Filing 26 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmfS, COURT STAFF) (Filed on 8/14/2019)
August 13, 2019 Filing 25 NOTICE of Appearance by Jennifer Tomlin Sanchez (Sanchez, Jennifer) (Filed on 8/13/2019)
July 31, 2019 Filing 24 Summons Issued as to Navig8 Chemical Tankers, Inc. (jjbS, COURT STAFF) (Filed on 7/31/2019)
July 30, 2019 Filing 23 Proposed Summons. (Villeggiante, Michael) (Filed on 7/30/2019)
July 30, 2019 Filing 22 SECOND AMENDED COMPLAINT against TransMontaigne Operating Company, LP, Navig8 Chemical Tankers, Inc. Filed by Kenneth J Bailey. (Villeggiante, Michael) (Filed on 7/30/2019) Modified on 7/31/2019 (jjbS, COURT STAFF).
July 30, 2019 Filing 21 STIPULATION to File Second Amended Complaint Pursuant to FRCP 15(a)(2) filed by Kenneth J Bailey and TransMontaigne Operating Company, LP. (Villeggiante, Michael) (Filed on 7/30/2019) Modified on 7/31/2019 (jjbS, COURT STAFF).
July 8, 2019 Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by TransMontaigne Operating Company, LP.. (Huber, Marisa) (Filed on 7/8/2019)
June 25, 2019 Filing 19 CLERK'S NOTICE Re: Consent or Declination: Defendant TransMontaigne Operating Company LP shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/9/2019. (dtmS, COURT STAFF) (Filed on 6/25/2019)
June 24, 2019 Filing 18 Certificate of Interested Entities by TransMontaigne Operating Company, LP re #17 Answer to Amended Complaint (Cummins, Michael) (Filed on 6/24/2019)
June 24, 2019 Filing 17 TRANSMONTAIGNE OPERATING COMPANY LPS ANSWER to Amended Complaint byTransMontaigne Operating Company, LP. (Cummins, Michael) (Filed on 6/24/2019)
June 12, 2019 Filing 16 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. You are hereby notified that the Initial Case Management Conference previously noticed for June 18, 2019 is continued to September 3, 2019 at 1:30 p.m. Updated Joint Case Management Statement due by 8/27/2019. Initial Case Management Conference set for 9/3/2019 at 01:30 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Kandis A. Westmore. The parties shall comply with the Northern District's Standing Order for All Judges in drafting their Joint Case Management Statement. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ivaS, COURTSTAFF) (Filed on 6/12/2019)
June 11, 2019 Filing 15 CASE MANAGEMENT STATEMENT filed by Kenneth J Bailey. (Villeggiante, Michael) (Filed on 6/11/2019)
May 31, 2019 Filing 14 Summons Issued as to TransMontaigne Operating Company, LP. (jlmS, COURT STAFF) (Filed on 5/31/2019)
May 30, 2019 Filing 13 CERTIFICATE OF SERVICE by Kenneth J Bailey (re Service of Plains PT) (Villeggiante, Michael) (Filed on 5/30/2019)
May 30, 2019 Filing 12 CERTIFICATE OF SERVICE by Kenneth J Bailey (re Service of Plains AAP) (Villeggiante, Michael) (Filed on 5/30/2019)
May 30, 2019 Filing 11 Proposed Summons. (Villeggiante, Michael) (Filed on 5/30/2019)
May 30, 2019 Filing 10 AMENDED COMPLAINT with Jury Demand against Ocean Yield ASA, Plains All American Pipeline, L.P., Plains Product Terminals, LLC, TransMontaigne Operating Company, LP . Filed by Kenneth J Bailey. (Villeggiante, Michael) (Filed on 5/30/2019) Modified on 5/31/2019 (jlmS, COURT STAFF).
April 3, 2019 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kenneth J Bailey.. (Villeggiante, Michael) (Filed on 4/3/2019)
March 25, 2019 Filing 8 NOTICE of Appearance by Michael Joseph Villeggiante, Jr (Villeggiante, Michael) (Filed on 3/25/2019)
March 21, 2019 Filing 7 Summons Issued as to Ocean Yield ASA, Plains All American Pipeline, L.P., Plains Product Terminals, LLC. (jjbS, COURT STAFF) (Filed on 3/21/2019)
March 20, 2019 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/11/2019. Initial Case Management Conference set for 6/18/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jjbS, COURT STAFF) (Filed on 3/20/2019)
March 20, 2019 Filing 5 Proposed Summons. (Weltin, Philip) (Filed on 3/20/2019)
March 20, 2019 Filing 4 Proposed Summons. (Weltin, Philip) (Filed on 3/20/2019)
March 20, 2019 Filing 3 Proposed Summons. (Weltin, Philip) (Filed on 3/20/2019)
March 20, 2019 Filing 2 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/3/2019. (ajsS, COURT STAFF) (Filed on 3/20/2019)
March 20, 2019 Filing 1 COMPLAINT and Jury Demand against All Defendants ( Filing fee $ 400, receipt number 0971-13186580.). Filed byKenneth J Bailey. (Attachments: #1 Civil Cover Sheet)(Weltin, Philip) (Filed on 3/20/2019)

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Search for this case: Bailey v. Plains All American Pipeline, L.P. et al
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Defendant: Plains All American Pipeline, L.P.
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Defendant: Plains Product Terminals, LLC
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Defendant: Ocean Yield ASA
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Defendant: TransMontaigne Operating Company, LP
Represented By: Michael J. Cummins
Represented By: Marisa Gale Huber
Represented By: Michael Joseph Cummins
Represented By: Jennifer Tomlin Sanchez
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Defendant: Navig8 Chemical Tankers, Inc.
Represented By: Galin G. Luk
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Defendant: Navig8 Chemical Tankers 10, Inc.
Represented By: Galin G. Luk
Represented By: Mitchell S. Griffin
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Plaintiff: Mr. Kenneth J Bailey
Represented By: Philip Ross Weltin
Represented By: Michael Joseph Villeggiante, Jr.
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