Bunge, S.A. v. ADM International Sarl et al
| Bunge, S.A. |
| ADM International Sarl |
| ADM International Holdings, Inc., Agri Port Services, LLC, American Petroleum Tankers LLC, American Petroleum Tankers X LLC, American River Transportation Co., LLC, Archer-Daniels-Midland Company, Ashland Specialty Ingredients G.P., Crowley Global Ship Management, Inc., Koch Fertilizer, LLC and Mosaic Fertilizer, LLC |
| 1:2022cv00026 |
| January 6, 2022 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 4, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 48 NOTICE OF SERVICE of Objections and Responses to Plaintiff's Interrogatories filed by Ashland Specialty Ingredients G.P..(Viceconte, Christopher) |
| Filing 46 NOTICE of Appearance by Christopher Viceconte and Jennifer M. Rutter on behalf of Ashland Specialty Ingredients G.P. (Viceconte, Christopher) Modified on 3/4/2022 (nms). |
| CORRECTING ENTRY: The noticed filed at D.I. 47 has been removed as it was duplicative of the notice filed at D.I. #46 . (nms) |
| Filing 45 Official Transcript of Oral Argument held on 2/10/22 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/23/2022. Redacted Transcript Deadline set for 4/4/2022. Release of Transcript Restriction set for 5/31/2022. (Triozzi, Heather) |
Filing 44
ORDER Granting #38 MOTION for Extension of Time to Respond to First Amended Complaint (*Reset Answer Deadlines: ADM International Sarl answer due 3/18/2022). Signed by Judge Richard G. Andrews on 3/1/2022. (nms)
|
| Filing 43 Letter to Judge Andrews from Joelle Florax regarding Request to Proceed. (Florax, Joelle) |
|
Filing 42
ORAL ORDER: The Court read the status report. (D.I. #41 ). As both parties want nothing to happen while the appeal is pending, the Court cannot see why Defendant wants to brief a motion to dismiss that will in all likelihood not be resolved until after the Court of Appeals resolves the appeal. The Court suggests the parties save expense and stipulate to a stay. Ordered by Judge Richard G. Andrews on 2/22/2022. (nms)
|
| Filing 41 Joint Status Report, by Bunge, S.A.. (Houseal, Timothy) Modified on 2/22/2022 (nms). |
| Filing 40 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Archer-Daniels-Midland Company for ADM International Sarl filed by ADM International Sarl. (Florax, Joelle) |
| Filing 39 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #37 Notice of Appeal (Third Circuit) filed by Bunge, S.A.. USCA Case Number 21-2706. USCA Case Manager: Tim McIntyre (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (tm, ) |
| Set Answering Brief Deadline re #38 MOTION for Extension of Time to Respond to First Amended Complaint. Answering Brief/Response due date per Local Rules is 3/1/2022. (nms) |
| Filing 38 MOTION for Extension of Time to Respond to First Amended Complaint - filed by ADM International Sarl. (Attachments: #1 Exhibit 1, #2 Proposed Order Proposed Order)(Florax, Joelle) Modified on 2/15/2022 (nms). |
| Filing 37 NOTICE OF APPEAL of 35 Oral Order. Appeal filed by Bunge, S.A.. (Houseal, Timothy) Modified on 2/15/2022 (nms). |
| APPEAL - Credit Card Payment of $505.00 received re #37 Notice of Appeal (Third Circuit) filed by Bunge, S.A.. ( Filing fee $505, receipt number ADEDC-3802443.) (Houseal, Timothy) |
| Filing 36 NOTICE OF SERVICE of Supplement in Opposition to ADMI Motion to Vacate and Second Declaration of Richard Sarll, filed by Bunge, S.A..(Houseal, Timothy) Modified on 2/10/2022 (nms). |
|
Filing 35
ORAL ORDER: The motion to vacate the order (D.I. #21 ) is GRANTED in part and DISMISSED as not ripe in part and moot in part. Specifically, the order as to Mosaic is VACATED. The order as to the garnishees who have been voluntarily withdrawn is moot. The order as to the other garnishees is not ripe. The motion for a hearing (D.I. #22 ) resulted in a hearing and is therefore DISMISSED as moot in that regard. The supplement to Defendants motion to vacate (D.I. #32 ) is not actually a separate motion and it is deactivated as such. Ordered by Judge Richard G. Andrews on 2/10/2022. (nms)
|
| CORRECTING ENTRY: The supplemental brief filed at D.I. 35 on 2/10/2022, has been removed from the docket. Briefing on the motions was completed with the filing of D.I. #34 . Should Plaintiff wish to file a Sur-Reply Brief or supplement the briefing it needs to get Court approval (see Local Rule 7.1.2(b)). (nms) |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Hearing on motions D.I. #21 and D.I. #22 held on 2/10/2022. Counsel for Plaintiff: T. Houseal. Counsel for Defendant: J. Florax. Counsel is directed to file a joint status report 10 days from today. (Court Reporter Heather Triozzi.) (lak) |
| Filing 34 REPLY BRIEF re #21 MOTION to Vacate the Order of Maritime Attachment and Corresponding Writs Issued in Favor of Bunge, S.A., #32 SUPPLEMENT Motion to Vacate and Memorandum in Support filed by ADM International Sarl. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Florax, Joelle) |
| Filing 33 ANSWERING BRIEF in Opposition re #21 MOTION to Vacate the Order of Maritime Attachment and Corresponding Writs Issued in Favor of Bunge, S.A., and #32 SUPPLEMENT Motion to Vacate and Memorandum in Support, filed by Bunge, S.A..Reply Brief due date per Local Rules is 2/11/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Houseal, Timothy) Modified on 2/7/2022 (nms). |
| Filing 32 SUPPLEMENT Motion to Vacate and Memorandum in Support - filed by ADM International Sarl. (Attachments: #1 Proposed Order)(Florax, Joelle) Modified on 2/4/2022 (nms). |
| Filing 31 NOTICE of Voluntary Dismissal by Bunge, S.A. as to Garnishees ADM International Holdings, Inc., Agri Port Services, LLC, American Petroleum Tankers LLC, American River Transportation Co., LLC and Koch Fertilizer, LLC only (Houseal, Timothy) |
| Filing 30 FIRST Amended Complaint with Request for Issue of Process of Maritime Attachment and Garnishment, against ADM International Sarl- filed by Bunge, S.A.. (Attachments: #1 Exhibits A-C)(Houseal, Timothy) Modified on 2/4/2022 (nms). |
| Remark: The in person hearing on motions D.I. #21 and D.I. #22 set for 2/10/2022, at 10:00 AM, will now be held in Courtroom 6B. (lak) |
|
Filing 29
ORAL ORDER: Responses to the Motion to Vacate (D.I. #21 ), and the Motion for Hearing (D.I. #22 ) are now due by 2/4/2022. An in person hearing on the motions is set for 2/10/2022, at 10:00 AM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 2/1/2022. (nms)
|
|
Filing 28
ORDER: The Motion for Extension of Time (D.I. #27 ) is GRANTED. Defendant's deadline to file a response to the Writ of Maritime Attachment and Garnishment and the accompanying Interrogatories is extended to twenty-one days after the Court issues a ruling on Defendant's Motion to Vacate (D.I. #21 ), or to twenty-one days after the Court vacates this Order, whichever comes first. Signed by Judge Richard G. Andrews on 2/1/2022. (nms)
|
| Filing 27 MOTION for Extension of Time to Respond to Writs of Maritime Attachment and Interrogatories - filed by ADM International Holdings, Inc., Agri Port Services, LLC, American River Transportation Co., LLC, Archer-Daniels-Midland Company. (Attachments: #1 Proposed Order)(Florax, Joelle) Modified on 2/1/2022 (nms). |
| Filing 26 7.1.1 STATEMENT re #21 MOTION to Vacate the Order of Maritime Attachment and Corresponding Writs Issued in Favor of Bunge, S.A., and #22 MOTION for Hearing Pursuant to Admiralty Rule E(4)(f) on Motion to Vacate Maritime Attachment and for a Stay of Obligation to Respond to Writs of Attachment with Interrogatories, by ADM International Sarl. (Florax, Joelle) Modified on 1/27/2022 (nms). |
| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Amanda Dodds Price - filed by ADM International Sarl. (Attachments: #1 Certification of Counsel)(Florax, Joelle) |
| Filing 24 MOTION for Pro Hac Vice Appearance of Attorney Emily S. Huggins Jones - filed by ADM International Sarl. (Attachments: #1 Certification of Counsel)(Florax, Joelle) |
| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney John J. Reilly - filed by ADM International Sarl. (Attachments: #1 Certification of Counsel)(Florax, Joelle) |
| Pro Hac Vice Attorneys John J. Reilly, and Emily H. Jones for ADM International Sarl added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
|
SO ORDERED, re #24 MOTION for Pro Hac Vice Appearance of Attorney Emily S. Huggins Jones, filed by ADM International Sarl, and #25 MOTION for Pro Hac Vice Appearance of Attorney Amanda Dodds Price, filed by ADM International Sarl. Signed by Judge Richard G. Andrews on 1/27/2022. (nms)
|
| Pro Hac Vice Attorney Amanda Price for ADM International Sarl added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
|
SO ORDERED, re #23 MOTION for Pro Hac Vice Appearance of Attorney John J. Reilly, filed by ADM International Sarl. Signed by Judge Richard G. Andrews on 1/27/2022. (nms)
|
| LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. The records of this case do not reflect such an averments by counsel for DI #21 and D.I. DI #22 . Please file the averment using the event code STATEMENT, found under OTHER DOCUMENTS. (nms) |
| Set Answering Brief Deadline re #21 MOTION to Vacate the Order of Maritime Attachment and Corresponding Writs Issued in Favor of Bunge, S.A., and #22 MOTION for Hearing Pursuant to Admiralty Rule E(4)(f) on Motion to Vacate Maritime Attachment and for a Stay of Obligation to Respond to Writs of Attachment with Interrogatories. Answering Brief/Response due date per Local Rules is 2/9/2022. (nms) |
| Filing 22 MOTION for Hearing Pursuant to Admiralty Rule E(4)(f) on Motion to Vacate Maritime Attachment and for a Stay of Obligation to Respond to Writs of Attachment with Interrogatories - filed by ADM International Sarl. (Florax, Joelle) Modified on 1/27/2022 (nms). |
| Filing 21 MOTION to Vacate the Order of Maritime Attachment and Corresponding Writs Issued in Favor of Bunge, S.A. - filed by ADM International Sarl. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2)(Florax, Joelle) Modified on 1/27/2022 (nms). |
| Filing 20 NOTICE OF SERVICE of Process of Maritime Attachment and Garnishments, along with copies of the Orders for the issuance of the Writs and for service of the Writs, and Interrogatories re Writ of Garnishment, filed by Bunge, S.A..(Houseal, Timothy) |
| Filing 19 MOTION for Pro Hac Vice Appearance of Attorney J. Stephen Simms - filed by Bunge, S.A.. (Houseal, Timothy) |
|
SO ORDERED, re #19 MOTION for Pro Hac Vice Appearance of Attorney J. Stephen Simms, filed by Bunge, S.A.. Signed by Judge Richard G. Andrews on 1/14/2022. (nms)
|
| Pro Hac Vice Attorney J. Stephen Simms for Bunge, S.A. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (smg) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms) |
|
Filing 18
ORDER granting #4 MOTION and Memorandum For Appointment for Service of Writ of Maritime Attachment and Garnishment. Signed by Judge Colm F. Connolly on 1/7/2022. (myr)
|
|
Filing 17
ORDER granting #3 MOTION and Memorandum for Order for Issuance of Process of Maritime Attachment and Garnishment. Signed by Judge Colm F. Connolly on 1/7/2022. (myr)
|
| Remark: Case Submitted for Routine Judicial Assignment. (myr) |
| Remark: Exit copies to Duty Judge (CFC) (myr) |
| WRIT OF GARNISHMENT issued as to ADM International Holdings, Inc., Agri Port Services, LLC, American Petroleum Tankers LLC, American Petroleum Tankers X LLC, American River Transportation Co., LLC, Archer-Daniels-Midland Company, Ashland Specialty Ingredients G.P., Crowley Global Ship Management, Inc., Koch Fertilizer, LLC, Mosaic Fertilizer, LLC. (myr) |
| Filing 16 Summons Issued with Magistrate Consent Notice attached as to ADM International Sarl on 1/6/2022. (myr) |
| Filing 15 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Bunge, S.A. (myr) |
| Filing 14 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: Mosaic Fertilizer, LLC by Bunge, S.A. (myr) |
| Filing 13 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: Koch Fertilizer, LLC by Bunge, S.A. (myr) |
| Filing 12 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: Crowley Global Ship Management, Inc. by Bunge, S.A. (myr) |
| Filing 11 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: Ashland Specialty Ingredients G.P. by Bunge, S.A. (myr) |
| Filing 10 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: Archer-Daniels-Midland Company by Bunge, S.A. (myr) |
| Filing 9 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: American River Transportation Co., LLC by Bunge, S.A. (myr) |
| Filing 8 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: American Petroleum Tankers X LLC by Bunge, S.A. (myr) |
| Filing 7 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: American Petroleum Tankers LLC by Bunge, S.A. (myr) |
| Filing 6 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: Agri Port Services, LLC by Bunge, S.A. (myr) |
| Filing 5 APPLICATION for Writ of Maritime Attachment and Garnishment to Garnishee: ADM International Holdings, Inc. by Bunge, S.A. |
| Filing 4 MOTION and Memorandum For Appointment for Service of Writ of Maritime Attachment and Garnishment - filed by Bunge, S.A. (Attachments: #1 Text of Proposed Order)(myr) |
| Filing 3 MOTION and Memorandum for Order for Issuance of Process of Maritime Attachment and Garnishment - filed by Bunge, S.A. (Attachments: #1 Text of Proposed Order)(myr) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) |
| Filing 1 VERIFIED COMPLAINT WITH REQUEST FOR ISSUE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT filed against ADM International Holdings, Inc., ADM International Sarl, Agri Port Services, LLC, American Petroleum Tankers LLC, American Petroleum Tankers X LLC, American River Transportation Co., LLC, Archer-Daniels-Midland Company, Ashland Specialty Ingredients G.P., Crowley Global Ship Management, Inc., Koch Fertilizer, LLC, Mosaic Fertilizer, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3776376.) - filed by Bunge, S.A. (Attachments: #1 Letter to Clerk Requesting Expediting Motions #2 Civil Cover Sheet)(myr) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Delaware District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
