Defiance Charters, L.L.C.
| Defiance Charters, L.L.C. |
| In the Matter of Defiance Charters, LLC, as Owners of the M/V Polaris for Exoneration from or Limitation of Liability |
| 0:2019cv63004 |
| December 6, 2019 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Marine |
| 46 U.S.C. ยง 0185 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 Clerks Receipt for deposit into the registry per order of the court (DE#10) received on 1/21/2020 in the amount of $ 1001.00, receipt number FLS100201889. (vt) |
Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner's Motion for Clarification. #11 , 13 . Therein, Petitioner seeks clarification of the class of claimants to which the Petitioner must mail a copy of the Court's Monition and Injunction Order pursuant to that Order #10 . #11 at 1. The Court's Monition and Injunction Order defines the class of claimants to which Petitioner must mail a copy of the Monition and Injunction Order as "each person, or that person's attorney, claiming damages as a result of the incident described in the complaint." #10 8. However, the Federal Rules of Civil Procedure Admiralty Rule F(4) defines the class of claimants that must receive notice of the complaint as "all persons asserting claims with respect to which the complaint seeks limitation." Fed. R. Civ. P. Admiralty R. F(4). "In an abundance of caution," Petitioner now seeks clarification as to whether the Court's definition of the class of claimants that must receive a copy of the Monition and Injunction Order differs from the class of claimants that must receive notice of the complaint as defined in Federal Rules of Civil Procedure Admiralty Rule F(4). Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Clarification is GRANTED. The Court's Monition and Injunction Order #10 does not enlarge or modify Federal Rules of Civil Procedure Admiralty Rule F(4)'s class of claimants to which Petitioner must provide notice of the complaint. Instead, the Monition and Injunction Order only requires that Petitioner mail a copy of the Court's Monition and Injunction Order to those whom notice of the complaint must be issued pursuant to Admiralty Rule F(4). Signed by Chief Judge K. Michael Moore on 1/15/2020. (mh01)
|
| Filing 13 NOTICE MOTION/ Request for clarification of Court's Order (ECF#10_ #11 Notice (Other) by Defiance Charters, L.L.C.. Responses due by 1/28/2020 (dj) Modified on 1/14/2020 see de#11 for image(dj). |
| Filing 12 Clerks Notice to Filer re #11 Notice (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (dj) |
| Filing 11 NOTICE/ Request for clarification of Court's Order (ECF #10) by Defiance Charters, L.L.C. of Request for Clarification of Court Order (Haisfield, Melaina) Modified on 1/14/2020 (dj). Modified on 1/14/2020 see de#13 (dj). |
|
Filing 10
Monition and Injunction ORDER Signed by Chief Judge K. Michael Moore on 1/6/2020. See attached document for full details. (mh01)
|
| Filing 9 STIPULATION - Ad Interim Stipulation of Value by Defiance Charters, L.L.C. (Attachments: #1 Exhibit Affidavit of Vessel Value, #2 Text of Proposed Order Proposed Order Approving Ad Interim Stipulation)(Haisfield, Melaina) |
|
Filing 8
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record. On December 6, 2019, Petitioner Defiance Charter, LLC filed a Complaint for Exoneration From or Limitation of Liability. #1 . Local Admiralty Rule F(1) provides that "[u]pon the [petitioner]'s filing of an Ad Interim Stipulation of Value or otherwise posting a deposit or transfer in compliance with Supplemental Rules F(1) and F(2), the Court shall immediately issue a Monition and Injunction pursuant to Supplemental Rule F(3)." In Petitioner's Complaint, Petitioner states that "[it] concurrently file[d] its Ad Interim Stipulation of Value." However, the record evidences that no such stipulation has been filed on the record as of the date of the Order. Accordingly, Petitioner is hereby ORDERED to file an Ad Interim Stipulation in compliance with Federal Rules of Civil Procedure Supplemental Rules F(1) and F(2) and the Southern District of Florida Local Admiralty Rules on or before January 9, 2020. Signed by Chief Judge K. Michael Moore on 1/2/2020. (mh01)
|
|
Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Renewed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #5 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #5 is GRANTED. Todd D. Lochner may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to tlochner@boatinglaw.com. Signed by Chief Judge K. Michael Moore on 12/17/2019. (mh01)
|
| Filing 6 CLERK'S NOTICE - Local Rule states that "... who the Court and opposing counsel may readily communicate regarding the conduct of the case, upon whom filings shall be served..." Local Counsel deactivated her primary email address on December 12, 2019, and CM/ECF notes her email address is Inactive. In order to receive Notices in this case, Local Counsel must activate her email address re #5 Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Todd D. Lochner. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Fili filed by Defiance Charters, L.L.C. (pt) |
| Filing 5 Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Todd D. Lochner. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #3 Motion to Appear Pro Hac Vice, by Defiance Charters, L.L.C.. Responses due by 12/30/2019 (Attachments: #1 Exhibit Certification of Todd Lochner, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certification of Consent to Electronic Service, #4 Text of Proposed Order Proposed Order Granting Pro Hac Vice)(Haisfield, Melaina) |
|
Filing 4
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Todd D. Lochner. #3 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #3 is DENIED WITHOUT PREJUDICE. Local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures, as required by Local Rule 4(b)(3) and Section 2B of the CM/ECF Administrative Procedures. Local counsel is instructed to file a renewed pro hac vice motion that complies with the Local Rules. Signed by Chief Judge K. Michael Moore on 12/13/2019. (mh01)
|
| Filing 3 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Todd D. Lochner. Filing Fee $ 75.00 Receipt # 113C-12222071 by Defiance Charters, L.L.C.. Responses due by 12/26/2019 (Attachments: #1 Exhibit Certification of Todd Lochner, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting Pro Hac Vice)(Haisfield, Melaina) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) |
| Filing 1 COMPLAINT for Exoneration or Limitation against Claimants. Filing fees $ 400.00 receipt number 113C-12205580, filed by Defiance Charters, L.L.C.. (Attachments: #1 Exhibit 1-Affidavit of Vessel Value, #2 Text of Proposed Order Notice of Complaint, #3 Text of Proposed Order Proposed Order Approving Ad Interim Stipulation, #4 Text of Proposed Order Order for Proof of Claims, Notice, Stay, #5 Exhibit Civil Cover Sheet)(Haisfield, Melaina) |
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 Florida Southern 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
| Search for this case: Defiance Charters, L.L.C. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| In re: In the Matter of Defiance Charters, LLC, as Owners of the M/V Polaris for Exoneration from or Limitation of Liability | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Defiance Charters, L.L.C. | |
| Represented By: | Melaina Diane Haisfield |
| Represented By: | Todd D. Lochner |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
