West Coast Fiberglass Specialist LLC
| West Coast Fiberglass Specialist LLC |
| Timothy A. Krebs, Zachariah Woodmancy, Clay Walter Krebs and M/V Lyman 27' 1995 Bearing Hull ID LYM27010K95 |
| Christopher W. Hunter |
| 2:2020cv00879 |
| November 4, 2020 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Mac R McCoy |
| Contract: Marine |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 42 RESPONSE in Opposition re #36 MOTION for Alicia M.Phidd,Esq. to Withdraw as Attorney and docket 41 filed by Christopher W. Hunter, West Coast Fiberglass Specialist LLC. (Phidd, Alicia) |
| Filing 41 MEMORANDUM in support re #33 Notice (Other) Motion to Supplement Witness List and To Permit Deposition to Be Used at Hearing on Motion to Vacate Arrest and Incorporated Memorandum of Law filed by Clay Walter Krebs, Timothy A. Krebs, Zachariah Woodmancy. (Walters, Joel) |
| Filing 40 STIPULATION for Rescheduling of Continued Evidentiary Hearing by Clay Walter Krebs, Timothy A. Krebs, Zachariah Woodmancy. (Walters, Joel) |
Filing 39
TEXT ORDER: Based upon the parties' compliance with the Court's Text Order to Show Cause (Doc. 31), the order to show cause is discharged. (See Docs. 33, 35, 37, 38). Signed by Magistrate Judge Mac R. McCoy on 12/28/2020. (WJF)
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| Filing 38 RESPONSE TO ORDER TO SHOW CAUSE re 31 Order to show cause filed by West Coast Fiberglass Specialist LLC. (Attachments: #1 Exhibit Email to non party witness requesting availability)(Phidd, Alicia) |
| Filing 37 NOTICE of Exhibit List by West Coast Fiberglass Specialist LLC re #24 Order pdf, 31 Order to show cause (Phidd, Alicia) |
| Filing 36 MOTION for Alicia M.Phidd,Esq. to Withdraw as Attorney by Christopher W. Hunter, West Coast Fiberglass Specialist LLC. (Attachments: #1 Exhibit Covid19 Order)(Phidd, Alicia) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 35 RESPONSE TO ORDER TO SHOW CAUSE re 31 Order to show cause filed by Clay Walter Krebs, Timothy A. Krebs, Zachariah Woodmancy. (Walters, Joel) |
| Filing 34 NOTICE of filing verification of Zachariah Woodmancy by Zachariah Woodmancy re #27 Answer to Complaint,Counterclaim (Walters, Joel) |
| Filing 33 NOTICE of filing Witness & Exhibit List for Evidentiary Hearing by Clay Walter Krebs, Timothy A. Krebs, M/V Lyman 27' 1995 Bearing Hull ID LYM27010K95, Zachariah Woodmancy re #24 Order pdf (Walters, Joel) |
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Filing 32
ORDER denying as moot #30 Plaintiff [sic] Response to Defendant's [sic] Motion to Change Date of Hearing and Plaintiff Motions the Court to have the Defendants Comply with the Two Track Orders [sic], Ordinary Procedure and Clarifies Misinformation in Defendant's [sic] Motion to Change Date of Evidentiary Hearing, which the Court construes as a motion to compel, in light of the Answer, (Doc. #27), filed by Defendants. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/23/2020. (WJF)
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Filing 31
TEXT ORDER to show cause. No later than 12/30/2020, the parties must each show good cause why they failed to comply with the Court's 12/15/2020 Order, (Doc. #24), requiring them to file their respective witness and exhibit lists for the evidentiary hearing. Additionally, the parties must file their respective witness and exhibit lists for the evidentiary hearing no later than 12/30/2020. Failure to comply with this Order may result in the imposition of appropriate sanctions, including but not limited to the exclusion of evidence or witnesses from the evidentiary hearing, dismissal of the action, or entry of a default. Signed by Magistrate Judge Mac R. McCoy on 12/23/2020. (WJF)
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| Filing 30 RESPONSE re 28 Order on Motion to Continue, #26 MOTION to Continue Hearing on Motion to Vacate Arrest and Incorporated Memorandum of Law filed by West Coast Fiberglass Specialist LLC. (Attachments: #1 Exhibit Receipt of Waiver of Service of Summons Mailed, #2 Exhibit Track Two Notice Emailed to Claimants, #3 Exhibit Track Two Violations By Defendants, #4 Exhibit Defendant Indicates Not Signing Waiver as Moot, #5 Exhibit Email)(Phidd, Alicia) Modified on 12/23/2020 (RMT). |
| Filing 29 NOTICE canceling Evidentiary Hearing hearing scheduled for 12/30/2020 at 9:30 AM (jmc) |
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Filing 28
ENDORSED ORDER granting #26 Claimants' Motion to Continue Hearing on Motion to Vacate Arrest and Incorporated Memorandum of Law. Due to the nature of Claimants' request, the Court finds good cause to rule on the instant Motion without awaiting a response. Accordingly, the Court hereby cancels the in-person evidentiary hearing on 12/30/2020 at 9:30 a.m. The parties are ordered to confer immediately for the purpose of selecting 4 mutually agreeable alternate dates to propose to the Court for the rescheduled hearing. No later than 12/30/2020, the parties must file a joint notice advising the Court of the 4 mutually agreeable alternate dates for the Court's consideration. The Court will consider the parties' joint proposal and re-notice the hearing on one of the proposed dates. Signed by Magistrate Judge Mac R. McCoy on 12/22/2020. (WJF)
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| Filing 27 Verified ANSWER and affirmative defenses to #1 Complaint , Affirmative Defenses, COUNTERCLAIM against West Coast Fiberglass Specialist LLC, Christopher W. Hunter by M/V Lyman 27' 1995 Bearing Hull ID LYM27010K95, Clay Walter Krebs, Zachariah Woodmancy, Timothy A. Krebs. (Attachments: #1 Exhibit A - 7-27-20 Email, #2 Exhibit B - Bertram Invoice, #3 Exhibit C - 10-9-20 Email, #4 Exhibit D - 10-23-20 Order)(Walters, Joel) |
| Filing 26 MOTION to Continue Hearing on Motion to Vacate Arrest and Incorporated Memorandum of Law by All Defendants. (Walters, Joel) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 25 NOTICE of hearing: In-person Evidentiary Hearing set for 12/30/2020 at 09:30 AM before Magistrate Judge Mac R. McCoy in Courtroom 6B. (jmc) |
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Filing 24
ORDER re: #18 Claimants' Motion to Vacate Arrest and Request for Prompt Hearing. The Court sets an in-person evidentiary hearing for 12/30/2020 at 9:30 a.m. before the Undersigned. The Clerk of Court will issue an appropriate notice of hearing. At the hearing, Plaintiff "shall be required to show why the arrest or attachment should not be vacated or other relief granted consistent with" the Supplemental Admiralty Rules. See Fed. R. Civ. P. Supp. Admiralty R. E(4)(f); M.D. Fla. R. 7.03(g). On or before noon on Wednesday 12/23/2020 the parties shall file their respective witness and exhibit lists for the evidentiary hearing. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/15/2020. (WJF)
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| Filing 23 NOTICE by West Coast Fiberglass Specialist LLC (Attachments: #1 Exhibit Proof of Publication)(Phidd, Alicia) |
| Filing 22 NOTICE of lis pendens by West Coast Fiberglass Specialist LLC (Attachments: #1 Exhibit Lis Pendens)(Phidd, Alicia) |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by Clay Walter Krebs, Timothy A. Krebs. (Walters, Joel) |
| Filing 20 RESPONSE in Opposition re #18 MOTION to Vacate #11 Order on Motion for Issuance of Warrant In Rem filed by West Coast Fiberglass Specialist LLC. (Attachments: #1 Exhibit Email re Fed Attys aware of case, #2 Exhibit Tim Krebs Contacts WCFS and not counsel, #3 Exhibit WCFS return check re-need to deposit in registry, #4 Exhibit Email re Involved Vessel Owner in Repairs, #5 Exhibit Email re reduce bill)(Phidd, Alicia) |
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Filing 19
ORDER granting #13 Motion for Appointment of Substitute Custodian. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/8/2020. (WJF)
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| Filing 18 MOTION to Vacate #11 Order on Motion for Issuance of Warrant In Rem by Clay Walter Krebs, Timothy A. Krebs. (Attachments: #1 Exhibit July 27, 2020 email, #2 Exhibit October 9, 2020 email, #3 Exhibit October 23, 2020 order, #4 Exhibit Proposed order)(Walters, Joel) |
| Filing 17 NOTICE of Restricted Appearance by Joel W. Walters on behalf of Clay Walter Krebs, Timothy A. Krebs (Walters, Joel) |
| Filing 16 US Marshal 285 form for arrest of vessel on 11/20/20 re Lyman 27' 1995 Bearing Hull ID-LYM27010K495 Florida Registration #FL4248MT. (MLS) |
| Filing 15 NOTICE by West Coast Fiberglass Specialist LLC re #11 Order on Motion for Issuance of Warrant In Rem ARREST OF VESSEL (Phidd, Alicia) |
| Filing 14 NOTICE of filing Proposed Order by West Coast Fiberglass Specialist LLC re #13 MOTION to Appoint Custodian J & R Marine Services Inc (Phidd, Alicia) |
| Filing 13 MOTION to Appoint Custodian J & R Marine Services Inc by West Coast Fiberglass Specialist LLC. (Attachments: #1 Exhibit Sub Custodian JR Marine Sevices Declaration, #2 Exhibit Sub Custodian JR Marine Services Insurance, #3 Exhibit Sub Custodian JR Marine Services Consent and Indemnification)(Phidd, Alicia) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 11
ORDER granting #3 Motion for Order Directing the Issuance of Warrant of Arrest for Defendant. Pursuant to Supplemental Rule (C)(1) and Local Admiralty Rule 7.03(b)(1), the Clerk of Court is directed to issue a warrant of arrest in the above-styled action in the form attached as an exhibit to this Order. Furthermore, the Clerk of Court is directed to supply the United States Marshals Service with certified copies of all documents required by the United States Marshals Service to effectuate the arrest of Defendant Vessel. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/10/2020. (Attachments: #1 Exhibit Warrant for Arrest In Rem) (McCoy, Mac)
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| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #4 Related case order and track 2 notice by West Coast Fiberglass Specialist LLC. (Phidd, Alicia) |
| Filing 9 SUMMONS issued as to Clay Walter Krebs, Timothy A. Krebs, Zachariah Woodmancy. (RMT) |
| Filing 8 PROPOSED summons to be issued by West Coast Fiberglass Specialist LLC. (Phidd, Alicia) |
| Filing 7 PROPOSED summons to be issued by West Coast Fiberglass Specialist LLC. (Phidd, Alicia) |
| Filing 6 PROPOSED summons to be issued by West Coast Fiberglass Specialist LLC. (Phidd, Alicia) |
| Filing 5 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by West Coast Fiberglass Specialist LLC. Related case(s): yes (Phidd, Alicia) |
| Filing 4 TRACK TWO AND CORPORATE DISCLOSURE ORDER. Signed by All Divisional Judges on 11/5/2020. (jmc) |
| Filing 3 MOTION for Issuance of Warrant In Rem by All Plaintiffs. (Attachments: #1 Proposed Summons Warrant for In Rem, #2 Text of Proposed Order Proposed Order)(Phidd, Alicia) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Mac R. McCoy. New case number: 2:20-cv-879-FtM-66MRM. (SJB) |
| Filing 1 COMPLAINT against Timothy A. Krebs (Filing fee $ 400 receipt number 113A-17512857) filed by West Coast Fiberglass Specialist LLC. (Attachments: #1 Exhibit Plaintiff Verification Signed, #2 Civil Cover Sheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7)(Phidd, Alicia) |
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