Fluence Energy, LLC v. M/V/BBC Finland
Plaintiff: Fluence Energy, LLC
Defendant: M/V/BBC Finland and M/V BBC Finland
Case Number: 3:2021cv01239
Filed: July 8, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Roger T Benitez
Referring Judge: Jill L Burkhardt
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1333 ad
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2021 Opinion or Order Filing 30 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16103388.) (Application to be reviewed by Clerk.) (Wells, Dixie) (rmc).
September 3, 2021 Opinion or Order Filing 29 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16101147.) (Application to be reviewed by Clerk.) (Chamberlin, Andrew) (rmc).
August 19, 2021 Opinion or Order Filing 28 NOTICE AND ORDER setting Early Neutral Evaluation Conference and Case Management Conferences. Early Neutral Evaluation set for 9/29/2021 at 9:00am. Joint Discovery Plan due 9/20/2021. Signed by Magistrate Judge Jill L. Burkhardt on 8/19/2021.(jpp) (dlg).
August 13, 2021 Opinion or Order Filing 27 Corporate Disclosure Statement by M/V BBC Finland. No Corporate Parents/Interested Parties. (Brucculeri, Frank) (jpp).
August 13, 2021 Opinion or Order Filing 26 ANSWER to #1 Complaint, and Affirmative Defenses of Specially Appearing Claimant to the Vessel by M/V BBC Finland.(Brucculeri, Frank)Attorney Frank C Brucculeri added to party M/V BBC Finland(pty:dft)(jpp).
August 10, 2021 Opinion or Order Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/15/2021 before Judge Roger T. Benitez. Court Reporter/Transcriber: Ellen L. Simone. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2021. Redacted Transcript Deadline set for 9/10/2021. Release of Transcript Restriction set for 11/8/2021. (akr)
August 10, 2021 Opinion or Order Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/14/2021 before Judge Roger T. Benitez. Court Reporter/Transcriber: Ellen L. Simone. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2021. Redacted Transcript Deadline set for 9/10/2021. Release of Transcript Restriction set for 11/8/2021. (akr)
August 6, 2021 Opinion or Order Filing 23 NOTICE of Disassociation and Withdrawal of Counsel For Attorney Danielle M. Mayer by Fluence Energy, LLC (Mayer, Danielle) (jpp).
July 23, 2021 Opinion or Order Filing 22 NOTICE of Party With Financial Interest by M/V BBC Finland VERIFIED STATEMENT OF INTEREST (Brucculeri, Frank)
July 16, 2021 Opinion or Order Filing 21 ORDER granting #19 Joint Motion to release vessel. Signed by Judge Roger T. Benitez on 7/16/2021. (cc: USM) (jpp) (dlg).
July 16, 2021 Opinion or Order Filing 20 MOTION for Release of Bond Obligation by M/V BBC Finland. (Eilert, Anita)Attorney Anita M Eilert added to party M/V BBC Finland(pty:dft) (jpp).
July 16, 2021 Opinion or Order Filing 19 Joint MOTION for Order to Release Vessel From Arrest by Fluence Energy, LLC. (Attachments: #1 Stipulation in Support of Motion To Release Vessel From Arrest)(Mayer, Danielle) (jpp).
July 16, 2021 Opinion or Order Filing 18 ORDER granting #16 Plaintiff's request for appointment of a Substitute Custodian. Alan Swimmer appointed. Signed by Judge Roger T. Benitez on 7/16/2021. (cc: USM) (jpp)
July 16, 2021 Opinion or Order Filing 16 Joint MOTION to Appoint Custodian [Relating to ECF No. 6-2 and ECF No. 8] by Fluence Energy, LLC. (Mayer, Danielle) (jpp).
July 15, 2021 Opinion or Order Filing 17 Minute Entry for proceedings held before Judge Roger T. Benitez: Status Hearing held on 7/15/2021. Counsel for both parties appeared and indicated they did not reach an agreement on the terms for a letter of undertaking. Plaintiff orally renewed its motion to appoint a substitute custodian, and Defendant indicated it had no objections to the appointment of a substitute custodian. The parties were referred to Magistrate Judge Michael S. Berg for a settlement conference. (Court Reporter/ECR Ellen Simone). (Plaintiff Attorney Danielle Mayer, Matthew P. Vafidis). (Vessel Owners Attorneys Bradley M. Rose).(no document attached) (gxr)
July 14, 2021 Opinion or Order Filing 15 Minute Entry for proceedings held before Judge Roger T. Benitez: Status Hearing held on 7/14/2021. Both parties agreed that the value of the Vessel is $7.5 million. Because the parties indicated they are close to reaching an agreement as to a Letter of Undertaking, which would allow the Vessel to depart San Diego and continue trading as well as avoid the need for appointment of a substitute custodian, this Status Hearing is continued to 7/15/2021 02:00 PM in Courtroom 5A before Judge Roger T. Benitez, to see if the parties can reach an agreement. Both parties shall appear before the Court at 2:00 p.m. on July 15, 2021 with either a stipulation resolving the issues of the Vessel arrest, bond, and Letter of Undertaking, or if the parties cannot resolve the issues, they will appear before Magistrate Judge Michael S. Berg in Courtroom 2C following the hearing for a Settlement Conference. Plaintiff shall also pay an additional $5,000.00 to compensate the U.S. Marshal Service for looking after the Vessel. (Court Reporter Ellen Simone). (Plaintiff Attorneys Matthew P. Vafidis, Danielle Mayer). (Vessel Owners Attorneys Bradley M. Rose, Frank C. Brucculeri).(no document attached) (gxr)
July 13, 2021 Opinion or Order Filing 14 Proof of Service by Fluence Energy, LLC. (Mayer, Danielle) Modified on 7/13/2021 to term, efiling is not a motion. (jpp).
July 12, 2021 Opinion or Order Filing 13 NOTICE of Appearance by Matthew P Vafidis on behalf of Fluence Energy, LLC (Vafidis, Matthew)Attorney Matthew P Vafidis added to party Fluence Energy, LLC(pty:pla) (jpp).
July 12, 2021 Opinion or Order Filing 12 Proof of Service by Fluence Energy, LLC. (Mayer, Danielle) Modified on 7/12/2021 to term, efiling is not a motion. (jpp).
July 12, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Danielle Mayer on behalf of Fluence Energy, LLC (Mayer, Danielle) (jpp).
July 12, 2021 Opinion or Order Filing 10 NOTICE of Compliance with the Court Order as to Service of the Arrest Order by Fluence Energy, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Mayer, Danielle) (jpp).
July 10, 2021 Opinion or Order Filing 8 SUPPLEMENTAL DOCUMENT by Fluence Energy, LLC Supplemental Declaration. (Attachments: #1 Exhibit 1)(Mayer, Danielle) (jpp).
July 9, 2021 Opinion or Order Filing 7 ORDER: (1) Authorizing issuance of Warrant for Arrest of Vessel pursuant to Supplemental Rule C; (2) Denying Plaintiff's request for Appointment of a Substitute Custodian; and (3) Granting Plaintiff's request for an Order permitting normal operations of Defendant Vesssel while under arrest. The Court sets a hearing for this matter for Wednesday, July 14, 2021, at 10:30am. Signed by Judge Roger T. Benitez on 7/09/2021. (jpp) Modified on 7/12/2021 (jpp).
July 8, 2021 Opinion or Order Filing 6 Ex Parte MOTION Plaintiff Fluence Energy, LLC's Ex Parte Application for Order Appointing Substituted Custodian and Order Permitting Normal Operations of Defendant Vessel While Under Arrest; Memorandum of Points and Authorities in Support Thereof by Fluence Energy, LLC. (Attachments: #1 Declaration Matthew Vafidis, #2 Declaration Alan Swimmer)(Mayer, Danielle) (jpp).
July 8, 2021 Opinion or Order Filing 5 Ex Parte MOTION Ex Parte Application and Notice for Review in Accordance with Supplemental Rule C and for Order Authorizing For Arrest of Vessel; Memorandum of Points Authorities by Fluence Energy, LLC. (Mayer, Danielle) (jpp).
July 8, 2021 Opinion or Order Filing 4 Corporate Disclosure Statement by Fluence Energy, LLC. No Corporate Parents/Interested Parties. (Mayer, Danielle) (jpp).
July 8, 2021 Opinion or Order Filing 3 NOTICE of Party With Financial Interest by Fluence Energy, LLC (Mayer, Danielle) (jpp).
July 8, 2021 Opinion or Order Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (sjt)
July 8, 2021 Opinion or Order Filing 1 COMPLAINT Against M/V BBC Finland (Filing fee $ 402 receipt number BCASDC-15905511). Filed by Fluence Energy, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1)The new case number is 3:21-cv-1239-BEN-JLB. Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Mayer, Danielle)(sjt)

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Plaintiff: Fluence Energy, LLC
Represented By: Danielle Mayer
Represented By: Matthew P Vafidis
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Defendant: M/V/BBC Finland
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Defendant: M/V BBC Finland
Represented By: Frank C Brucculeri
Represented By: Anita M Eilert
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