LMP YACHTS, LLC
Plaintiff: LMP YACHTS, LLC
Respondent: Douglas Alexander
Claimant: HMY Yacht Sales Inc.
Case Number: 1:2019cv21407
Filed: April 12, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Referring Judge: Edwin G Torres
Nature of Suit: Marine
Cause of Action: 46 U.S.C. § 0185
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Opinion or Order Filing 19 Order Requiring Discovery And Scheduling Conference And Order Referring Non-Dispositive Pretrial and Discovery Matters To The Magistrate Judge. REFERRING CASE to Magistrate Judge Edwin G. Torres for all non-dispositive pretrial and discovery motions. Signed by Judge Robert N. Scola, Jr on 7/9/2019. See attached document for full details. (mee)
July 3, 2019 Set/Reset Deadlines/Hearings as to #15 MOTION for Summary Judgment . Responses due by 7/12/2019 per DE 18 (cbr)
July 3, 2019 Opinion or Order Filing 18 PAPERLESS ORDER granting LMP's motion for extension of time to respond to the Claimant's motion for summary judgment #16 . The Court required the Claimant to expedite its apparent opposition to the requested enlargement and respond to the motion by 10 AM on July 3, 2019 17 . Claimant failed to do so. As a result, the Court treats the motion for extension of time as unopposed and grants it by default. See S.D. Fla. L.R. 7.1(c). LMP's deadline to respond to the Claimant's motion for summary judgment is now July 12, 2019. Signed by Judge Robert N. Scola, Jr. (zlz)
July 2, 2019 Opinion or Order Filing 17 PAPERLESS ORDER expediting the Claimant's opposition to LMP's motion for extension of time to respond to the Claimant's motion for summary judgment #16 . The Claimant shall respond to the motion and state his opposition by 10 am tomorrow, July 3, 2019, which is also LMP's deadline to respond to the motion for summary judgment. Signed by Judge Robert N. Scola, Jr. (zlz)
July 2, 2019 Filing 16 MOTION for Extension of Time to File Response/Reply/Answer as to #15 MOTION for Summary Judgment by LMP YACHTS, LLC. (Attachments: #1 Text of Proposed Order)(Drawas, Jesse)
June 19, 2019 Filing 15 MOTION for Summary Judgment by Douglas Alexander. Responses due by 7/3/2019 (Attachments: #1 Affidavit affidavit of attorney, #2 Exhibit letters, #3 Exhibit email admission, #4 Text of Proposed Order)(Irwin, David)
May 20, 2019 Filing 14 SERVICE (Proof) by Publication by LMP YACHTS, LLC. Last Publication date 5/14/2019. Claims/Positions/Written Defenses/Answers/etc., due by 6/13/2019. (Attachments: #1 Exhibit A - Proof of publication)(Davant, Charles)
May 20, 2019 Filing 13 NOTICE of Attorney Appearance by Gustavo A. Martinez-Tristani on behalf of HMY Yacht Sales Inc.. Attorney Gustavo A. Martinez-Tristani added to party HMY Yacht Sales Inc.(pty:clm). (Martinez-Tristani, Gustavo)
May 17, 2019 Filing 12 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against LMP YACHTS, LLC by Douglas Alexander. Attorney David Edward Irwin added to party Douglas Alexander(pty:res). (Attachments: #1 Exhibit Letter of Undertaking)(Irwin, David)
May 17, 2019 Filing 11 Claim for indemnity and contribution,, ANSWER and Affirmative Defenses to Complaint and Third Party claim for Indemnity and Contribution by HMY Yacht Sales Inc.. Attorney Matthew John Valcourt added to party HMY Yacht Sales Inc.(pty:clm). (Valcourt, Matthew)
April 26, 2019 Opinion or Order Filing 10 PAPERLESS ORDER: Petitioner LMP Yachts, the owner of a 62' AZIMUT boat (the "Vessel"), files an unopposed motion to partially modify stay and injunction for sole purpose of conducting the deposition of Alden Trollip #9 . Previously, the Court entered an order "restrain[ing], stay[ing] and enjoin[ing]" "further prosecution of any action or proceeding against" LMP Yachts arising out of the incident at issue in this proceeding until a hearing and determination of this action to exonerate or limit LMP Yacht's liability. Douglas Alexander claims he was injured when a boat wake produced by the Vessel disrupted a vessel Alexander was a passenger aboard. The Court's prior order stayed a suit brought in Florida state court by Alexander seeking recovery for those claimed injuries. Alden Trollip was a first mate on the Vessel that day and is a witness to the subject incident. Trollip is a resident of South Africa and, by chance, is in the United States until April 29, 2019, when he is scheduled to return to South Africa. Petitioner is unsure when Trollip will travel back to the United States. Thus, Petitioner seeks an order partially modifying the Court's earlier order staying prosecution of all claims against LMP Yachts related to the underlying incident for the limited purpose of permitting interested parties to depose Trollip today, April 26, 2019, when he is still in the United States. Having considered the motion and the record in this case, the Court grants the motion #9 . The Courts prior Order Approving Ad Interim Stipulation, Directing Issuance of Monition and Injunction #7 is hereby modified for the sole purpose of allowing the noticed deposition of Alden Trollip to proceed on April 26, 2019. The stay will remain in place and in full force and effect as to any and all other proceedings against Petitioner and in all other respects. Signed by Judge Robert N. Scola, Jr. (zlz)
April 24, 2019 Filing 9 Unopposed MOTION to Partially Modify Stay and Injunction For Sole Purpose of Conducting the Deposition of Alden Trollip re #7 Order,,, Terminate Motions,, by LMP YACHTS, LLC. (Attachments: #1 Exhibit A - Second Amended Notice of Taking Deposition, #2 Text of Proposed Order)(Davant, Charles)
April 16, 2019 Filing 8 NOTICE OF PETITION FOR EXONERATION FROM OR LIMITATION OF LIABILITY Signed by Judge Robert N. Scola, Jr on 4/16/2019. See attached document for full details. (mee)
April 16, 2019 Opinion or Order Filing 7 ORDER APPROVING AD INTERIM STIPULATION, DIRECTING ISSUANCE OF MONITION AND INJUNCTION, Motions terminated per ORDER: #6 MOTION for Entry of Order Approving Petitioner's Ad Interim Stipulation and Directing Issuance of Monition and Injunction re #4 Notice (Other), #3 Stipulation, #5 Notice (Other), filed by LMP YACHTS, LLC. Motions terminated per Order: #6 MOTION for Entry of Order Approving Petitioner's Ad Interim Stipulation and Directing Issuance of Monition and Injunction re #4 Notice (Other), #3 Stipulation, #5 Notice (Other), filed by LMP YACHTS, LLC. Signed by Judge Robert N. Scola, Jr on 4/16/2019. See attached document for full details. (mee)
April 15, 2019 Filing 6 MOTION for Entry of Order Approving Petitioner's Ad Interim Stipulation and Directing Issuance of Monition and Injunction re #4 Notice (Other), #3 Stipulation, #5 Notice (Other), by LMP YACHTS, LLC. (Davant, Charles)
April 15, 2019 Filing 5 NOTICE by LMP YACHTS, LLC re #1 Complaint, #4 Notice (Other), #3 Stipulation Notice of filing Notice of Petition For Exoneration from or Limitation of Liability (Attachments: #1 Exhibit A - Notice of Petition for Exoneration from or Limitation of Liability) (Davant, Charles)
April 15, 2019 Filing 4 NOTICE by LMP YACHTS, LLC re #3 Stipulation Notice of filing Proposed Order Approving Ad Interim Stipulation and Directing Issuance of Monition and Injunction (Attachments: #1 Text of Proposed Order Proposed Order Approving Ad Interim Stipulation, Directing Issuance of Monition and Injunction) (Davant, Charles)
April 15, 2019 Filing 3 STIPULATION Petitioner's Ad Interim Stipulation of Value and Stipulation For Costs by LMP YACHTS, LLC (Davant, Charles)
April 12, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (cds)
April 12, 2019 Filing 1 COMPLAINT Petition for Exoneration From or Limitation of Liability against All Parties. Filing fees $ 400.00 receipt number 113C-11555264, filed by LMP YACHTS, LLC. (Attachments: #1 Civil Cover Sheet)(Davant, Charles)

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Plaintiff: LMP YACHTS, LLC
Represented By: Charles Stuart Davant
Represented By: Jesse Daniel Drawas
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Respondent: Douglas Alexander
Represented By: David Edward Irwin
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Claimant: HMY Yacht Sales Inc.
Represented By: Matthew John Valcourt
Represented By: Gustavo A. Martinez-Tristani
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