Dann Ocean Towing, Inc. v. Guidry et al
Plaintiff: Dann Ocean Towing, Inc.
Defendant: Wade A Guidry, Crosby Tugs, LLC and Wade A. Guidry
Case Number: 8:2019cv02015
Filed: August 14, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Thomas G Wilson
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2019 Filing 36 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 10/3/2019. Court Reporter: Scott N. Gamertsfelder (TWL)
October 3, 2019 Opinion or Order Filing 35 ENDORSED ORDER granting Dann Ocean Towing, Inc.'s unopposed oral motion for extension of time. Dann Ocean Towing's response to Crosby Tugs, LLC's Motion to Dismiss is due December 3, 2019. Signed by Judge Virginia M. Hernandez Covington on 10/3/2019. (MWS)
October 3, 2019 Opinion or Order Filing 34 ENDORSED ORDER: For the reasons discussed on the record during the October 3, 2019, Case Management Hearing, the parties' oral motion to bifurcate is denied. However, based on the parties' representations at the hearing, the Court has given an extended period for the parties to conduct discovery in this matter. Accordingly, the parties are advised that the Court will not move the dispositive motions deadline or trial date. Signed by Judge Virginia M. Hernandez Covington on 10/3/2019. (MWS)
October 3, 2019 Opinion or Order Filing 33 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 6/17/2021 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Trial set for July 2021 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 2/8/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 10/3/2019. (MWS)
October 1, 2019 Opinion or Order Filing 32 ENDORSED ORDER granting Defendant Crosby Tugs, LLC's Unopposed Motion to Appear by Telephone at Case Management Conference, which is currently scheduled for October 3, 2019. (Doc. #31). Counsel is directed to call the reserved conference toll free number at 1-888-684-8852. The access code to enter the telephone conference is: 2564072 followed by the # (pound) key. Counsel will then be prompted to enter the participant security code, followed by the # (pound) key. This conference will be activated at 8:50 a.m. so the conference may start promptly at 9:00 a.m. Counsel should contact courtroom deputy, Tamecika Lee at Tamecika_lee@flmd.uscourts.gov for the participant security code. Counsel is advised to use a landline in a quiet environment during the hearing. Signed by Judge Virginia M. Hernandez Covington on 10/1/2019. (MWS)
September 30, 2019 Filing 31 MOTION to Appear Telephonically at Case Management Conference by Crosby Tugs, LLC. (Shusta, Timothy)
September 30, 2019 Filing 30 REPLY to #13 Counterclaim by Dann Ocean Towing, Inc. Related document: #13 Answer to Complaint,Counterclaim filed by Wade A. Guidry.(Thiel, Eric)
September 30, 2019 Filing 29 NOTICE of hearing: Case Management Hearing set for 10/3/2019 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (TWL)
September 26, 2019 Opinion or Order Filing 28 ENDORSED ORDER granting in part and denying in part #27 Motion. The Clerk is directed to schedule a case management hearing for October 3, 2019, at 9 am. The Court will consider motions to appear by phone when those motions are filed as separate pleadings. Signed by Judge Virginia M. Hernandez Covington on 9/26/2019. (Covington, Virginia)
September 25, 2019 Filing 27 Joint MOTION for miscellaneous relief, specifically to Set Case Management Conference by Dann Ocean Towing, Inc. (Thiel, Eric)
September 20, 2019 Opinion or Order Filing 26 ORDER granting #21 defendant's motion for Zachary J. Ardoin to appear pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 9/20/2019. (DMS)
September 20, 2019 Opinion or Order Filing 25 ORDER granting #20 defendant's motion for Joseph E. Lee, III, to appear pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 9/20/2019. (DMS)
September 20, 2019 Opinion or Order Filing 24 ORDER granting #19 defendant's motion for Miles P. Clements to appear pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 9/20/2019. (DMS)
September 20, 2019 Filing 22 MOTION to dismiss for lack of jurisdiction and for Improper Venue by Crosby Tugs, LLC. (Attachments: #1 Exhibit Declaration of Wade Savoy)(Shusta, Timothy)
September 19, 2019 Filing 21 MOTION for Zachary J. Ardoin to appear pro hac vice by Crosby Tugs, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Shusta, Timothy) Motions referred to Magistrate Judge Thomas G. Wilson.
September 19, 2019 Filing 20 MOTION for Joseph E. Lee, III to appear pro hac vice by Crosby Tugs, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Shusta, Timothy) Motions referred to Magistrate Judge Thomas G. Wilson.
September 19, 2019 Filing 19 MOTION for Miles P. Clements to appear pro hac vice by Crosby Tugs, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Shusta, Timothy) Motions referred to Magistrate Judge Thomas G. Wilson.
September 17, 2019 Opinion or Order Filing 23 ORDER granting #14 defendant's motion for Daniel S. Foley to appear pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 9/17/2019. (DMS)
September 17, 2019 Filing 18 APPEARANCE of non-resident counsel and designation of local counsel by Timothy Peter Shusta on behalf of Crosby Tugs, LLC. Local Counsel: Timothy P. Shusta. Non-Resident Counsel: Joseph E. Lee. (Shusta, Timothy)
September 17, 2019 Filing 17 APPEARANCE of non-resident counsel and designation of local counsel by Timothy Peter Shusta on behalf of Crosby Tugs, LLC. Local Counsel: Timothy P. Shusta. Non-Resident Counsel: Zachary J. Ardoin. (Shusta, Timothy)
September 17, 2019 Filing 16 APPEARANCE of non-resident counsel and designation of local counsel by Timothy Peter Shusta on behalf of Crosby Tugs, LLC. Local Counsel: Timothy P. Shusta. Non-Resident Counsel: Miles P. Clements. (Shusta, Timothy)
September 17, 2019 Filing 15 NOTICE of Appearance by Timothy Peter Shusta on behalf of Crosby Tugs, LLC. (Shusta, Timothy)
September 17, 2019 ***PRO HAC VICE FEES paid by attorney Zachary J. Ardoin, appearing on behalf of Crosby Tugs, LLC (Filing fee $150 receipt number TPA058159.) (TDC)
September 17, 2019 ***PRO HAC VICE FEES paid by attorney Miles P. Clements, appearing on behalf of Crosby Tugs, LLC (Filing fee $150 receipt number TPA058159.) (TDC)
September 17, 2019 ***PRO HAC VICE FEES paid by attorney Joseph E. Lee, III appearing on behalf of Crosby Tugs, LLC (Filing fee $150 receipt number TPA058159.) (TDC)
September 12, 2019 ***PRO HAC VICE FEES paid by attorney William A. Kempner, III, appearing on behalf of Wade A. Guidry (Filing fee $150 receipt number TPA058106.) Related document: #14 Unopposed MOTION for Daniel S. Foley to appear pro hac vice. (WCD)
September 11, 2019 Filing 14 Unopposed MOTION for Daniel S. Foley to appear pro hac vice by Wade A. Guidry. (Kempner, William) Motions referred to Magistrate Judge Thomas G. Wilson.
September 9, 2019 Filing 13 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Dann Ocean Towing, Inc. by Wade A. Guidry.(Kempner, William)
August 23, 2019 Opinion or Order Filing 12 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 25, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 8/23/2019. (MWS)
August 23, 2019 Filing 11 RETURN of service executed on 8/21/2019 by Dann Ocean Towing, Inc. as to Crosby Tugs, LLC. (Attachments: #1 Main Document Proof of Service on Crosby Tugs LLC)(Thiel, Eric)
August 23, 2019 Filing 10 RETURN of service executed on 8/21/2019 by Dann Ocean Towing, Inc. as to Wade A. Guidry. (Attachments: #1 Main Document Proof of Service on Wade Guidry)(Thiel, Eric)
August 22, 2019 Filing 9 ***TERMINATED, contacted counsel to refile using proper event.***PROOF of service by Dann Ocean Towing, Inc. (Attachments: #1 Main Document Proof of Service on Crosby Tugs, LLC)(Thiel, Eric) Modified text on 8/23/2019 (LNR).
August 22, 2019 Filing 8 ***TERMINATED, contacted counsel to refile using proper event.***PROOF of service by Dann Ocean Towing, Inc. (Attachments: #1 Main Document Proof of Service on Wade Guidry)(Thiel, Eric) Modified text on 8/23/2019 (LNR).
August 22, 2019 Filing 7 CORPORATE Disclosure Statement by Dann Ocean Towing, Inc. (Thiel, Eric)
August 22, 2019 Filing 6 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Dann Ocean Towing, Inc. Related case(s): no (Thiel, Eric)
August 20, 2019 Opinion or Order Filing 5 ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/20/2019. (TWL)
August 20, 2019 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 8/20/2019. (TWL)
August 15, 2019 Filing 3 SUMMONS issued as to Crosby Tugs, LLC, Wade A. Guidry. (LNR)
August 14, 2019 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:19-cv-2015-T-33TGW. (SJB)
August 14, 2019 Filing 1 COMPLAINT against Crosby Tugs, LLC, Wade A. Guidry (Filing fee $ 400 receipt number 113A-15803044) filed by Dann Ocean Towing, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons to Wade A. Guidry, #3 Proposed Summons to Crosby Tugs, LLC)(Thiel, Eric)

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Defendant: Wade A Guidry
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Defendant: Crosby Tugs, LLC
Represented By: Miles P. Clements
Represented By: Zachary J. Ardoin
Represented By: Joseph E. Lee
Represented By: Timothy Peter Shusta
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Defendant: Wade A. Guidry
Represented By: Daniel S. Foley
Represented By: William A. Kempner, III
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Plaintiff: Dann Ocean Towing, Inc.
Represented By: Eric C. Thiel
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