SHM Ballena Isle, LLC v. M/Y Red Chili
| SHM Ballena Isle, LLC and SHM Ballena Isle, LLC doing business as Ballena Isle Marina |
| M/Y Red Chili |
| 3:2023cv05107 |
| October 5, 2023 |
| US District Court for the Northern District of California |
| Joseph C Spero |
| Contract: Marine |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 CLERK'S NOTICE. Vacating Initial Case Mgmt Conference set for 01/05/2024. This case will be closed pursuant to Order #22 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 11/8/2023) |
Filing 22
Order. Signed 11/8/2023 by Magistrate Judge Joseph C. Spero granting #21 Ex Parte Application [Ex Parte Application for Order Requiring Release of Defendant Vessel from Custody. Release the U.S. Marshal and the Substitute Custodian from Duties and, Dismissal of Action w/Prejudice].(klh, COURT STAFF) (Filed on 11/8/2023)
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| Filing 21 Ex Parte Application for Order Requiring Release of Defendant Vessel, Dismissal of Action with Prejudice filed by SHM Ballena Isle, LLC. (Attachments: #1 Declaration [Declaration of Philip E. Weiss in Support of Ex Parte Application for Order Requiring Release of Vessel From Custody, Dismissal, Etc.], #2 Proposed Order [Proposed Order Requiring Release of Vessel From Custody, Dismissal, Etc.]) (Weiss, Philip) (Filed on 11/8/2023) |
| Filing 20 NOTICE of Vessel Arrest by SHM Ballena Isle, LLC (gba, COURT STAFF) (Filed on 10/26/2023) |
| Filing 19 Summons Issued as to M/Y Red Chili. (gba, COURT STAFF) (Filed on 10/6/2023) |
| Filing 18 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/29/2023. Initial Case Management Conference set for 1/5/2024 02:00 PM in San Francisco, Courtroom D, 15th Floor. (gba, COURT STAFF) (Filed on 10/6/2023) |
| Filing 17 CERTIFICATE OF SERVICE re #15 Order on Ex Parte Application, #16 In Admiralty Warrant for Action in Rem, #14 Order on Motion for Issuance of Warrant in rem, #11 Supplemental Brief. (klh, COURT STAFF) (Filed on 10/6/2023) |
| Filing 16 In Admiralty Warrant For Action In Rem issued. (klh, COURT STAFF) (Filed on 10/6/2023) |
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Filing 15
Order. Signed 10/6/2023 by Magistrate Judge Joseph C. Spero granting #5 Ex Parte Application [Ex Parte Application For Appointment of Substitute Custodian and For Authorization For Movement of Defendant Vessels].(klh, COURT STAFF) (Filed on 10/6/2023)
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Filing 14
Order. Signed 10/6/2023 by Magistrate Judge Joseph C. Spero granting #4 Motion for Issuance of Warrant in rem.(klh, COURT STAFF) (Filed on 10/6/2023)
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| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by SHM Ballena Isle, LLC.. (Weiss, Philip) (Filed on 10/6/2023) |
| Filing 12 CORRECTED Declaration of Stephen Orosz in Support of #5 Ex Parte Application for Appointment of Substitute Custodian and for Authorization for Movement of Defendant Vessels Note: This Declaration Replaces Previously Filed One Filed in Error filed by SHM Ballena Isle, LLC. (Related document(s) #5 ) (Weiss, Philip) (Filed on 10/6/2023) Modified on 10/9/2023 (gba, COURT STAFF). |
| Filing 11 Supplemental Brief in Response to #10 Order filed by SHM Ballena Isle, LLC. (Attachments: #1 Declaration of Philip E. Weiss in Support of Plaintiff's Supplemental Brief in Response to Court's October 5, 2023 Order, #2 Exhibit A and B to Declaration of Philip E. Weiss in Support of Plaintiff's Supplemental Brief in Response to Court's October 5, 2023 Order]) (Related document(s) #10 ) (Weiss, Philip) (Filed on 10/5/2023) Modified on 10/9/2023 (gba, COURT STAFF). |
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Filing 10
ORDER TO FILE SUPPLEMENTAL BRIEF BY OCTOBER 13, 2023. Signed by Judge Joseph C. Spero on October 5, 2023. (jcslc1, COURT STAFF) (Filed on 10/5/2023)
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| Filing 9 Certificate of Interested Entities or Persons by SHM Ballena Isle, LLC identifying Corporate Parent SHM Ballena Isle, LLC for SHM Ballena Isle, LLC. (Weiss, Philip) (Filed on 10/5/2023) Modified on 10/9/2023 (gba, COURT STAFF). |
| Filing 8 NOTICE of Request for Review in Accordance with F.R.C.P. Supplemental Admiralty Rule C by SHM Ballena Isle, LLC re #5 Ex Parte Application for Appointment of Substitute Custodian and for Authorization For Movement of Defendant Vessels, #4 MOTION for Issuance of Warrant in rem, Ex Parte Application For Order Authorizing Issuance of a Warrant for Arrest of Defendant Vessel, #1 Complaint, (Weiss, Philip) (Filed on 10/5/2023) Modified on 10/9/2023 (gba, COURT STAFF). |
| Filing 7 Declaration of Philip E. Weiss in Support of #4 Ex Parte Application for Order Authorizing Issuance of a Warrant for Arrest of Defendant Vessel, #6 MOTION for Issuance of Warrant in rem, Proposed Warrant for Action In Rem, #1 Complaint, Declaration of Philip E. Weiss Regarding Exigent Circumstances Justifying Issuance By Court Clerk Of Arrest Warrant and Summons If Court Review is Impractical filed by SHM Ballena Isle, LLC. (Related document(s) #4 , #6 , #1 ) (Weiss, Philip) (Filed on 10/5/2023) Modified on 10/9/2023 (gba, COURT STAFF). |
| Filing 6 [Proposed Warrant For Action In Rem] filed by SHM Ballena Isle, LLC. (Weiss, Philip) (Filed on 10/5/2023) Modified on 10/6/2023 (klh, COURT STAFF). |
| Filing 5 Ex Parte Application for Appointment of Substitute Custodian and For Authorization for Movement of Defendant Vessels filed by SHM Ballena Isle, LLC. (Attachments: #1 Declaration of Stephen Orosz In Support of Ex Parte Application for Appointment of Substitute Custodian and for Authorization for Movement of Defendant Vessel], #2 Proposed Order Appointing Substitute Custodian and Authorizing Movement of Defendant Vessels]) (Weiss, Philip) (Filed on 10/5/2023) Modified on 10/9/2023 (gba, COURT STAFF). |
| Filing 4 Ex Parte Application for Order Authorizing Issuance of a Warrant For Arrest of Defendant Vessel filed by SHM Ballena Isle, LLC. (Attachments: #1 Declaration of Philip E. Weiss In Support of Ex Parte Application For Order Authorizing Issuance of a Warrant for Arrest of Defendant Vessel, #2 Proposed Order Authorizing Issuance of Warrant for Arrest of Defendant Vessel]) (Weiss, Philip) (Filed on 10/5/2023) Modified on 10/9/2023 (gba, COURT STAFF). |
| Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/19/2023. (as, COURT STAFF) (Filed on 10/5/2023) |
| Filing 2 Proposed Summons. (Weiss, Philip) (Filed on 10/5/2023) |
| Filing 1 COMPLAINT for Vessel Arrest, Interlocutory Sale and for Money Damages For Breach of Maritime Contract, Trespass, and Quantum Meruit against M/Y Red Chili (Filing fee $ 402, receipt number ACANDC-18710582.). Filed by SHM Ballena Isle, LLC. (Attachments: #1 Exhibit A to Verified Complaint For Vessel Arrest, Interlocutory Sale and for Money Damages for Breach of Maritime Contract, Trespass and Quantum Meruit], #2 Civil Cover Sheet) (Weiss, Philip) (Filed on 10/5/2023) Modified on 10/9/2023 (gba, COURT STAFF). |
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