Fluence Energy, LLC v. M/V/BBC Finland
| Fluence Energy, LLC |
| M/V/BBC Finland and M/V BBC Finland |
| 3:2021cv01239 |
| July 8, 2021 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Jill L Burkhardt |
| Other Statutory Actions |
| 28 U.S.C. § 1333 ad |
| None |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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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).
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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).
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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).
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Filing 27
Corporate Disclosure Statement by M/V BBC Finland. No Corporate Parents/Interested Parties. (Brucculeri, Frank) (jpp).
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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).
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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)
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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)
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Filing 23
NOTICE of Disassociation and Withdrawal of Counsel For Attorney Danielle M. Mayer by Fluence Energy, LLC (Mayer, Danielle) (jpp).
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Filing 22
NOTICE of Party With Financial Interest by M/V BBC Finland VERIFIED STATEMENT OF INTEREST (Brucculeri, Frank)
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Filing 21
ORDER granting #19 Joint Motion to release vessel. Signed by Judge Roger T. Benitez on 7/16/2021. (cc: USM) (jpp) (dlg).
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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).
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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).
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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)
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Filing 16
Joint MOTION to Appoint Custodian [Relating to ECF No. 6-2 and ECF No. 8] by Fluence Energy, LLC. (Mayer, Danielle) (jpp).
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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)
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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)
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Filing 14
Proof of Service by Fluence Energy, LLC. (Mayer, Danielle) Modified on 7/13/2021 to term, efiling is not a motion. (jpp).
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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).
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Filing 12
Proof of Service by Fluence Energy, LLC. (Mayer, Danielle) Modified on 7/12/2021 to term, efiling is not a motion. (jpp).
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Filing 11
NOTICE of Appearance by Danielle Mayer on behalf of Fluence Energy, LLC (Mayer, Danielle) (jpp).
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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).
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Filing 8
SUPPLEMENTAL DOCUMENT by Fluence Energy, LLC Supplemental Declaration. (Attachments: #1 Exhibit 1)(Mayer, Danielle) (jpp).
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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).
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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).
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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).
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Filing 4
Corporate Disclosure Statement by Fluence Energy, LLC. No Corporate Parents/Interested Parties. (Mayer, Danielle) (jpp).
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Filing 3
NOTICE of Party With Financial Interest by Fluence Energy, LLC (Mayer, Danielle) (jpp).
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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)
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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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