Bartell Hotels v. S/V Scotch Miss
Plaintiff: Bartell Hotels A California Limited Partnership doing business as Half Moon Marina
Defendant: S/V Scotch Miss
Case Number: 3:2023cv00482
Filed: March 16, 2023
Court: US District Court for the Southern District of California
Presiding Judge: William V Gallo
Referring Judge: Barry Ted Moskowitz
2 Judge: Thomas J Whelan
Nature of Suit: Contract: Marine
Cause of Action: 46 U.S.C. § 31301 Federal Maritime Lien Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 8, 2023 Filing 26 CERTIFICATE OF SERVICE by Bartell Hotels re #25 Order, Set Hearings [Certificate of Service of Order Scheduling Settlement Dispute Hearing on Eric Dutra, Vessel Owner] (Weiss, Philip) (jpp).
May 8, 2023 Opinion or Order Filing 25 ORDER scheduling Settlement Dispute hearing for 5/22/2023 at 11:00am. Signed by Magistrate Judge William V. Gallo on 5/08/2023.(jpp)
May 8, 2023 Filing 24 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Joint Telephonic Status Conference held on 5/8/2023 regarding #23 Notice of Breach of Settlement. Written order to follow. (no document attached) (kxh)
May 7, 2023 Filing 23 NOTICE [Notice of Breach of Settlement Agreement] by Bartell Hotels re #16 Order, Set Hearings, #17 Notice (Other), #22 Notice Consent and Reference of a Civil Action to a Magistrate Judge (Attachments: #1 Declaration [Declaration of Philip E. Weiss Regarding Notice of Breach of Settlement Agreement], #2 Exhibit [Exhibits A-F to Declaration of Philip E. Weiss Regarding Notice of Breach of Settlement Agreement], #3 Proof of Service Certificate of Service - Notice of Breach of Settlement Agreement, Weiss Declaration in Support, Exhibits A-F])(Weiss, Philip) (jpp).
April 27, 2023 Filing 22 Notice, Consent and Reference of a Civil Action to a Magistrate Judge. Signed by Judge Barry Ted Moskowitz on 4/27/2023. (sjt)
April 26, 2023 Opinion or Order Filing 21 Order of Final Judgment of Dismissal. Signed by Judge Barry Ted Moskowitz on 4/26/2023.(sjt)
April 25, 2023 Opinion or Order Filing 20 ORDER granting #19 Ex Parte Application for Order Vacating Warrant for Arrest in Action In Rem and Directing U.S. Marshal to Release Defendant Vessel. Signed by Magistrate Judge William V. Gallo on 4/25/2023. (kxh)
April 25, 2023 Filing 19 MOTION to Vacate #18 Notice (Other) [Ex Parte Application for Order Vacating Warrant for Arrest in Action In Rem and Directing U.S. Marshal to Release Defendant Vessel] by Bartell Hotels. (Weiss, Philip) (sjt).
April 25, 2023 Filing 18 Joint MOTION to Dimiss [Joint Stipulation for Dismissal With Prejudice] by Bartell Hotels (Weiss, Philip) Modified to correct on 4/26/2023 (QC mailer sent re: Stipulations to be filed as Joint Motions (sjt).
April 25, 2023 Filing 17 NOTICE [Consent to Jurisdiction By A United States Magistrate Judge] by Bartell Hotels (Weiss, Philip)(QC Mailer sent re: consent to be sent in paper to District Judge) (sjt).
April 25, 2023 Opinion or Order Filing 16 ORDER Following Early Neutral Evaluation. Settlement Disposition Conference set for 5/2/2023 at 08:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 4/25/2023. (kxh)
April 25, 2023 Filing 15 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Early Neutral Evaluation Conference held on 4/25/2023. Case settled. Order to follow. (no document attached) (kxh)
April 19, 2023 Opinion or Order Filing 14 NOTICE AND ORDER for Early Neutral Evaluation Conference Early Neutral Evaluation set for 4/25/2023 at 07:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 4/19/2023.(djk)
April 17, 2023 Filing 13 Minute Entry for proceedings held before Judge Barry Ted Moskowitz: Status Hearing held on 4/17/2023; Mr. Dutra can remove his personal property within 14 days. Case referred to Magistrate Gallo for an accelerated ENE; Parties should contact the Magistrate Judge. Defendant's oral motion for appointed counsel - Denied. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Philip Weiss). (Defendant Attorney Eric Dutra, Pro Se). (no document attached) (rfm)
April 12, 2023 Filing 12 CERTIFICATE OF SERVICE by Bartell Hotels re #2 Summons Issued, #7 Order on Motion for Issuance of Warrant in rem, #1 Complaint, #10 Scheduling Order, #6 Order on Motion to Substitute Custodian [Certificate of Service of Verified Complaint, Summons, Order Authorizing Vessel Arrest, Order Appointing Substitute Custodian, Ex Parte Applications, Declarations, Notice of Vessel Arrest and Scheduling Order Dated April 7, 2023 on Eric Dutra, Vessel Owner via E-Mail Delivery on April 12, 2023] (Weiss, Philip) (alns).
April 12, 2023 Filing 11 CERTIFICATE OF SERVICE by Bartell Hotels re #2 Summons Issued, #7 Order on Motion for Issuance of Warrant in rem, #1 Complaint, #10 Scheduling Order, #6 Order on Motion to Substitute Custodian [Certificate of Service of Verified Complaint, Summons, Order Authorizing Vessel Arrest, Order Appointing Substitute Custodian, Ex Parte Applications, Declarations, Notice of Vessel Arrest and Scheduling Order Dated April 7, 2023 on Eric Dutra, Vessel Owner via Certified Mail Delivery on April 7, 2023] (Weiss, Philip) (alns).
April 7, 2023 Opinion or Order Filing 10 SCHEDULING ORDER: Status Hearing set for 4/17/2023 03:30 PM before Judge Barry Ted Moskowitz.. Signed by Judge Barry Ted Moskowitz on 4/7/2023.(alns)(jms).
April 6, 2023 Filing 9 WAIVER OF SERVICE Returned Executed by Bartell Hotels, as to S/V Scotch Miss. (alns)
March 29, 2023 Opinion or Order Filing 7 ORDER granting #3 Motion for Issuance of Warrant in rem. Signed by Judge Barry Ted Moskowitz on 3/29/2023. (sjt)
March 29, 2023 Opinion or Order Filing 6 ORDER granting #4 Motion to Substitute Custodian.. Signed by Judge Barry Ted Moskowitz on 3/29/2023. (sjt)
March 17, 2023 Filing 5 MINUTE ORDER OF RECUSAL. Judge Thomas J. Whelan is no longer assigned. Case reassigned to Judge Barry Ted Moskowitz for all further proceedings. The new case number is 23-cv-0482-BTM-WVG.(no document attached) (dim)
March 16, 2023 Filing 4 MOTION to Substitute Custodian [Ex Parte Application For Appointment of Substitute Custodian] by Bartell Hotels. (Attachments: #1 Declaration [Declaration of Bradley S. Oliver In Support of Ex Parte Application For Appointment of Substitute Custodian])(Weiss, Philip)
March 16, 2023 Filing 3 MOTION for Issuance of Warrant in rem [Ex Parte Application For Order Authorizing Issuance of a Warrant For Arrest of Defendant Vessel] by Bartell Hotels. (Attachments: #1 Declaration [Declaration of Philip E. Weiss In Support of Ex Parte Application For Order Authorizing Issuance Of A Warrant For Arrest Of Defendant Vessel], #2 Notice [Warrant For Action In Rem])(Weiss, Philip)
March 16, 2023 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. (mjw)
March 16, 2023 Filing 1 COMPLAINT against S/V Scotch Miss ( Filing fee $ 402 receipt number ACASDC-17674208.), filed by Bartell Hotels. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)The new case number is 3:23-cv-482-W-WVG. Judge Thomas J. Whelan and Magistrate Judge William V. Gallo are assigned to the case. (Weiss, Philip)(mjw)

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Plaintiff: Bartell Hotels A California Limited Partnership doing business as Half Moon Marina
Represented By: Philip E Weiss
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Defendant: S/V Scotch Miss
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