Naval Logistics, Inc. v. M/V Petrus et al
| NAVAL LOGISTICS, INC doing business as MIDDLE POINT MARINA and Naval Logistics, Inc. doing business as Middle Point Marina |
| GREG PACK and M/V PETRUS |
| Biscayne Towing & Salvage, Inc. |
| 1:2021cv20556 |
| February 9, 2021 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Marine |
| 46 U.S.C. § 0741 |
| None |
Docket Report
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Filing 30
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint and the Arrest Action. #26 . Therein, Defendants seek a twenty (20) day extension of time to respond to Plaintiff's Complaint so that they may fully investigate the facts, properly respond to the allegations, and formulate defenses. Id. at 3. Defendants argue that consolidation of this action with another related action before the Court may be appropriate, however they need more time to investigate the facts. Id. at 2. UPON CONSIDERATION of the Motion #26 , pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Defendants' response to Plaintiff's Complaint and the arrest action shall be due on or before May 4, 2021. Signed by Chief Judge K. Michael Moore on 4/8/2021. (hwr)
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| Filing 29 NOTICE of Attorney Appearance by Zachary Lincoln Foreman on behalf of Naval Logistics, Inc.. Attorney Zachary Lincoln Foreman added to party Naval Logistics, Inc.(pty:pla). (Foreman, Zachary) |
| Filing 28 Clerks Notice to Filer re #26 Defendant's MOTION for Extension of Time to Respond to Plaintiffs Complaint and the Arrest action . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 27 Intervenor COMPLAINT for Salvage, filed by Biscayne Towing & Salvage, Inc..(Black, Michael) |
| Filing 26 Defendant's Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint and the Arrest Action by M/V Petrus, Greg Pack. Responses due by 4/21/2021 (Vartak, Kavan) Modified Relief on 4/7/2021 (ls). |
| Filing 25 Supplemental Warrant In Rem Issued as to M/V Petrus. Signed by DEPUTY CLERK on 4/7/2021. See attached document for full details. (ls) |
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon Intervening Plaintiff Biscayne Towing & Salvage's ("Intervenor") Motion for Order Directing Issuance of Supplemental Warrant for Arrest In Rem. #20 . Therein, Intervenor requests that the Court direct the Clerk of the Court to issue a supplemental warrant of arrest in rem. Local Admiralty Rule E(2)(a) provides that "[c]oincident with the filing of an intervening complaint, the offering party shall prepare and file a supplemental warrant of arrest and/or supplemental process of attachment and garnishment. Upon receipt of the intervening complaint and supplemental process, the Clerk of the Court shall conform a copy of the intervening complaint and shall issue the supplemental process." Local Admiralty Rule E. Here, Intervenor filed its Motion to Intervene #19 with the Intervening Complaint attached thereto [19-1] on April 6, 2021. The Court granted the Motion to Intervene on April 7, 2021 and directed Intervenor to file the Intervening Complaint separately on the docket. 23 . 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 Intervenor's Motion for Order Directing Issuance of Supplemental Warrant for Arrest In Rem #20 is GRANTED. Pursuant to Supplemental Rule for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure (C)(1) and Local Admiralty Rule C, the Clerk of the Court is directed to issue a warrant for arrest in rem and/or summons to the United States Marshal for the Southern District of Florida. Signed by Chief Judge K. Michael Moore on 4/7/2021. (hwr)
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Unopposed Motion to Intervene by Biscayne Towing & Salvage, Inc. ("Intervenor"). #19 . Therein, Intervenor moves to intervene in this action so that it may assert its claims against the M/V Petrus ("subject vessel"), in rem. Local Admiralty Rule E(2)(a) provides that "any person having a claim against a vessel or property previously arrested or attached by the Marshal may, as a matter of right, file an intervening complaint at any time before an order is entered by the Court scheduling the vessel or property for sale." Local Admiralty Rule E. Here, Intervenor argues that the subject vessel "was arrested by the Marshal on or about February 17, 2021 and turned over to the Plaintiff as substitute custodian." #19 at 2. Further, the subject vessel "remains under arrest and no order scheduling the vessel for sale has been entered." Id. Accordingly, 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 Intervenor's Motion to Intervene is GRANTED. Intervenor shall file its Intervening Complaint separately on the docket on or before April 9, 2021. Signed by Chief Judge K. Michael Moore on 4/7/2021. (hwr)
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| Filing 22 NOTICE of Attorney Appearance by Michael T. Moore on behalf of M/V Petrus, Greg Pack. Attorney Michael T. Moore added to party M/V Petrus(pty:dft), Attorney Michael T. Moore added to party Greg Pack(pty:dft). (Moore, Michael) |
| Filing 21 NOTICE of Attorney Appearance by Kavan Vartak on behalf of M/V Petrus, Greg Pack. Attorney Kavan Vartak added to party M/V Petrus(pty:dft), Attorney Kavan Vartak added to party Greg Pack(pty:dft). (Vartak, Kavan) |
| Filing 20 MOTION for Issuance of Warrant in rem by Biscayne Towing & Salvage, Inc.. (Attachments: #1 Warrant)(Black, Michael) |
| Filing 19 Unopposed MOTION to Intervene by Biscayne Towing & Salvage, Inc.. Attorney Michael Charles Black added to party Biscayne Towing & Salvage, Inc.(pty:intvp). (Attachments: #1 Exhibit A - Intervening Complaint, #2 Text of Proposed Order)(Black, Michael) |
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Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Default Judgment. #17 . Rule 55(b) of the Federal Rules of Civil Procedure provides that a court may enter default judgment against a party who has defaulted. Fed. R. Civ. P. 55(b). However, default judgment cannot be entered until the Clerk of the Court has entered default against a party that has failed to defend. See generally Fed. R. Civ. P. 55. Here, Plaintiff has not yet moved for default, so its request for default judgment is premature. Accordingly, it is ORDERED AND ADJUGED that Plaintiff shall amend and refile its motion to reflect the first relief it seeks. It is FURTHER ORDERED that the Motion #17 is hereby STRICKEN. The Clerk of Court is directed to STRIKE the Motion #17 . Signed by Chief Judge K. Michael Moore on 4/5/2021. (hwr)
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| Filing 17 "STRICKEN" Plaintiff's MOTION for Default Judgment by Naval Logistics, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Scheer, Dominic) Modified on 4/6/2021 (ls). (per DE #18) |
| Filing 16 WARRANT FOR ARREST IN REM Returned Executed as to M/V Petrus. (scn) |
| Filing 15 SERVICE (Proof) by Publication by Naval Logistics, Inc.. Last Publication date 3/15/2021. Claims/Positions/Written Defenses/Answers/etc., due by 4/14/2021. (Attachments: #1 Exhibit Certification of Publication Notice)(Scheer, Dominic) |
| Filing 14 NOTICE of Striking #12 Notice (Other) filed by Naval Logistics, Inc., (Scheer, Dominic) Modified document link on 3/25/2021 (ls). |
| Filing 13 Clerks Notice to Filer re #12 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Service (Proof) by Publication; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the correct event. (ls) |
| Filing 12 "STRICKEN" NOTICE by Naval Logistics, Inc. Notice of Filing Proof of Publication (Attachments: #1 Exhibit) (Scheer, Dominic) Modified on 3/25/2021 (ls). (per DE #14) |
| Filing 11 NOTICE by Naval Logistics, Inc. of Action in Rem and Arrest of Vessel (Scheer, Dominic) |
| Filing 10 Clerks Notice to Filer re #8 Summons Returned Executed,. Incorrect Party Selected; ERROR - The incorrect party was selected as served. The correction was made by the Clerk and filing was re-docketed, see [de#9]. It is not necessary to refile this document. (ls) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Naval Logistics, Inc.. Greg Pack served on 2/19/2021, answer due 3/12/2021. (ls)(See Image at DE #8) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Naval Logistics, Inc.. Naval Logistics, Inc. served on 2/19/2021, answer due 3/12/2021. (Scheer, Dominic) |
| Filing 7 Warrant In Rem Issued as to M/V Petrus. Signed by DEPUTY CLERK on 2/10/2021. See attached document for full details. (jas) |
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Filing 6
ORDER GRANTING #4 Motion to Appoint Custodian; GRANTING #5 Motion for Issuance of Warrant in rem. Signed by Chief Judge K. Michael Moore on 2/10/2021. See attached document for full details. (hwr)
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| Filing 5 Ex Parte MOTION for Issuance of Warrant in rem by Naval Logistics, Inc. (Attachments: #1 Text of Proposed Order, #2 Warrant)(Scheer, Dominic) |
| Filing 4 Plaintiff's MOTION to Appoint Middle Point Marina as Custodian by NAVAL LOGISTICS, INC. Responses due by 2/23/2021 (Attachments: #1 Exhibit Consent and Indemnification Agreement, #2 Exhibit Affidavit of Substitute Custodian, #3 Exhibit Order Appointing Substitute Custodian, #4 Exhibit Estimate)(Scheer, Dominic) |
| Filing 3 Summons Issued as to GREG PACK. (scn) |
| 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 Lauren F. Louis 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. (scn) |
| Filing 1 COMPLAINT VERIFIED COMPLAINT against NAVAL LOGISTICS, INC d/b/a MIDDLE POINT MARINA. Filing fees $ 402.00 receipt number AFLSDC-14361440, filed by NAVAL LOGISTICS, INC d/b/a MIDDLE POINT MARINA. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Exhibit Exhibit c, #7 Exhibit Exhibit D)(Scheer, Dominic) |
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