Century Bank v. M/Y SUMMER 69 et al
| Century Bank |
| M/Y SUMMER 69, a 2003 130 Westport Motor Yacht Official No. 1143060, along with her boats, engines, boilers, tackle, equipment, apparel, furnishings, freights, and appurtenances, etc., M/V 689, a 2016 42 Scout 420 LXF Official No. 1261594, along with her boats, engines, boilers, tackle, equipment, apparel, furnishings, freights, and appurtenances, etc., M/Y SUMMER 69 and M/V 689 |
| 0:2023cv61616 |
| August 22, 2023 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Alicia O Valle |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty - Foreclose Ship's Mortgage |
| None |
Docket Report
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Filing 27
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 10/21/2024 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal. Calendar Call set for 10/16/2024 10:30 AM will be held via ZOOM before Judge Raag Singhal. Amended Pleadings due by 11/30/2023. Discovery due by 7/3/2024. Expert Discovery due by 7/3/2024. Joinder of Parties due by 11/30/2023. Mediation Deadline 7/10/2024. In Limine Motions due by 8/21/2024. Dispositive Motions due by 7/17/2024. Motions due by 7/17/2024. Pretrial Stipulation due by 10/4/2024. Pursuant to 28 U.S.C. 636 and this District's Magistrate Judge Rules, all discovery matters are referred to Judge Alicia O. Valle. Signed by Judge Raag Singhal on 10/16/2023. See attached document for full details. (rbe) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 26 Notice of Action/Publication filed by Century Bank. All Defendants. (McMinn, Jineane) |
| Filing 25 ANSWER and Affirmative Defenses to Amended Complaint (Marine Biology Research, LLC, Appearing Via Limited Appearance Claim of Owner Only) by M/V 689, M/Y SUMMER 69, Marine Biology Research, LLC. (Mescolotto, Andrew) |
| Filing 24 First Certificate of Other Affiliates/Corporate Disclosure Statement by M/V 689, M/Y SUMMER 69, Marine Biology Research, LLC identifying Other Affiliate Robert Aranda, Jr. for Marine Biology Research, LLC (Mescolotto, Andrew) |
| Filing 23 CLAIM of Owner as to In Rem Defendants (Limited Apperance) by M/V 689, M/Y SUMMER 69. (Mescolotto, Andrew) |
| Filing 22 NOTICE of Attorney Appearance by Andrew Nicholas Mescolotto on behalf of M/V 689, M/Y SUMMER 69. Attorney Andrew Nicholas Mescolotto added to party M/V 689(pty:dft), Attorney Andrew Nicholas Mescolotto added to party M/Y SUMMER 69(pty:dft). (Mescolotto, Andrew) |
| Filing 21 NOTICE by Century Bank Notice of Filing Abstracts of Title (Attachments: #1 Exhibit Abstract of Title for M/V Summer 69, #2 Exhibit Abstract of Title for M/V 689) (McMinn, Jineane) |
| Filing 20 NOTICE by Century Bank Notice of Service (Attachments: #1 Exhibit Exhibits 1-3) (McMinn, Jineane) |
| Filing 19 Notice of Action/Publication filed by Century Bank. Marine Biology Research, LLC answer/written defenses due by 9/29/2023; Ryan G. Boone answer/written defenses due by 9/29/2023. (McMinn, Jineane) |
| Filing 18 WARRANT FOR ARREST IN REM Returned Executed as to M/V 689, M/V Summer 69. (pcs) Modified text on 9/6/2023 (pcs). |
| Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement by Century Bank identifying Other Affiliate Century Financial Services Corporation for Century Bank (McMinn, Jineane) |
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Filing 16
ORDER granting #10 Motion for Appointment of Substitute Custodian. G. Robert Toney and Associates, Inc. appointed. Signed by Judge Raag Singhal on 8/28/2023. See attached document for full details. (rbe)
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| Filing 15 Warrant In Rem Issued as to M/V 689. Signed by DEPUTY CLERK on 8/28/2023. See attached document for full details. (rbe) |
| Filing 14 Warrant In Rem Issued as to M/Y SUMMER 69. Signed by DEPUTY CLERK on 8/28/2023. See attached document for full details. (rbe) |
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Filing 13
ORDER granting #9 Motion for Issuance of Warrant of Arrest in rem of M/V SUMMER 689. Signed by Judge Raag Singhal on 8/28/2023. See attached document for full details. (rbe)
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Filing 12
ORDER granting #8 Motion for Issuance of Warrant of Arrest in rem of M/V SUMMER 69. Signed by Judge Raag Singhal on 8/28/2023. See attached document for full details. (rbe)
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Filing 11
ORDER REQUIRING SCHEDULING REPORT. Signed by Judge Raag Singhal on 8/25/2023. See attached document for full details. (nan)
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| Filing 10 MOTION to Appoint G. Robert Toney and Associates, Inc. d/b/a National Liquidators as Custodian by Century Bank. Responses due by 9/8/2023 (Attachments: #1 Exhibit Declaration of Frank Kups, #2 Exhibit Consent and Indemnification Agreement for the Appointment of a Substitute Custodian, #3 Text of Proposed Order Appointing Substitute Custodian)(McMinn, Jineane) |
| Filing 9 MOTION for Issuance of Warrant in rem of M/V 689 by Century Bank. (Attachments: #1 Text of Proposed Order Directing Issuance of Warrant in rem of M/V 689, #2 Warrant For Arrest in rem of M/V 689)(McMinn, Jineane) |
| Filing 8 MOTION for Issuance of Warrant in rem of M/V Summer 69 by Century Bank. (Attachments: #1 Text of Proposed Order Directing Issuance of Warrant of Arrest in rem of M/V Summer 69, #2 Warrant Warrant of Arrest in rem of M/V Summer 69)(McMinn, Jineane) |
| Filing 7 First AMENDED COMPLAINT against All Defendants, filed by Century Bank. (Attachments: #1 Exhibit Complaint Exhibits A-G)(McMinn, Jineane) |
| Filing 6 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 8/25/2023. (jgr) |
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Filing 5
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 8/25/2023. (jgr)
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| Filing 4 NOTICE by Century Bank re #1 Complaint, Amended Civil Cover Sheet (McMinn, Jineane) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Blank Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the completed Civil Cover Sheet attached within 24 hours of the notice. (bb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16863841, filed by Century Bank. (Attachments: #1 Exhibit Complaint Exhibits A-G, #2 Civil Cover Sheet, #3 Summon(s), #4 Summon(s))(McMinn, Jineane) |
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| Plaintiff: Century Bank | |
| Represented By: | Jineane Rae McMinn |
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| Defendant: M/Y SUMMER 69, a 2003 130 Westport Motor Yacht Official No. 1143060, along with her boats, engines, boilers, tackle, equipment, apparel, furnishings, freights, and appurtenances, etc. | |
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| Defendant: M/V 689, a 2016 42 Scout 420 LXF Official No. 1261594, along with her boats, engines, boilers, tackle, equipment, apparel, furnishings, freights, and appurtenances, etc. | |
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| Defendant: M/Y SUMMER 69 | |
| Represented By: | Andrew Nicholas Mescolotto |
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