Colon et al v. All Claimants Arising out of the Yamaha AR 190's October 12, 2020 Voyage in the Vicinity of Haulover Sandbar
Petitioner: Marco A. Colon and Robert S. Batista
Claimant: All Claimants Arising out of the Yamaha AR 190's October 12, 2020 Voyage in the Vicinity of Haulover Sandbar, Marie Desir Joseph and Jonas Fontilus
Case Number: 1:2021cv20965
Filed: March 11, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Nature of Suit: Marine
Cause of Action: 46 U.S.C. § 0185
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2021 Filing 24 First Certificate of Other Affiliates/Corporate Disclosure Statement by Robert S. Batista, Marco A. Colon identifying Other Affiliate Progressive American Insurance Company for Marco A. Colon, Robert S. Batista (Mescolotto, Andrew)
May 7, 2021 Filing 23 MOTION for Leave to File Conventionally by Jonas Fontilus, Marie Desir Joseph. (Attachments: #1 Exhibit)(drz)
May 6, 2021 Opinion or Order Filing 22 ORDER STRIKING CONVENTIONAL FILING #20 Notice of Withdrawal of Motion filed by Jonas Fontilus, Marie Desir Joseph Signed by Judge Beth Bloom on 5/6/2021. See attached document for full details. (drz)
May 6, 2021 Filing 21 Clerk's Notice of Filing Deficiency Re: #20 Notice of Withdrawal of Motion filed by Jonas Fontilus, Marie Desir Joseph. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (drz)
May 6, 2021 Filing 20 STRICKEN PER ORDER DE#22 -NOTICE OF WITHDRAWING RESPONDENT'S MOTION TO VACATE DEFAULT by Jonas Fontilus, Marie Desir Joseph (drz) Modified on 5/6/2021 (drz).
May 5, 2021 Opinion or Order Filing 19 OMNIBUS ORDER ON MOTION FOR ENTRY OF FINAL DEFAULT JUDGMENT AND MOTION TO VACATE CLERKS DEFAULT granting #16 Motion for Default Judgment ; denying as moot #17 Motion to Vacate #16 Unopposed MOTION for Default Judgment (FINAL) Against All Persons and Entities Who Did Not File Either an Answer or a Claim., #17 MOTION to Vacate #14 Clerks Entry/Non-Entry of Default MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, ; granting #17 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document All Claimants Arising out of the Yamaha AR 190's October 12, 2020 Voyage in the Vicinity of Haulover Sandbar. Answer due 5/10/2021; Jonas Fontilus. Answer due 5/10/2021; Marie Desir Joseph. Answer due 5/10/2021. Signed by Judge Beth Bloom on 5/5/2021. See attached document for full details. (drz) Modified on 5/6/2021 (drz). Modified Text on 5/6/2021 (drz).
May 4, 2021 Filing 18 Clerk's Notice of Filing Deficiency Re: #17 MOTION to Vacate #14 Clerks Entry/Non-Entry of Default MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, filed by Jonas Fontilus, Marie Desir Joseph. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (drz)
May 4, 2021 Filing 17 MOTION to Vacate #14 Clerks Entry/Non-Entry of Default ( Responses due by 5/18/2021)and Renewal of MOTION for Extension of Time to File an Answer as to #1 Complaint, by Jonas Fontilus, Marie Desir Joseph. (Attachments: #1 Exhibit)(drz)
April 28, 2021 Filing 16 Unopposed MOTION for Default Judgment (FINAL) Against All Persons and Entities Who Did Not File Either an Answer or a Claim. by Robert S. Batista, Marco A. Colon. (Attachments: #1 Exhibit A - Text of Proposed Order)(Mescolotto, Andrew)
April 28, 2021 Opinion or Order Filing 15 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 5/18/2021 Signed by Judge Beth Bloom on 4/28/2021. See attached document for full details. (drz)
April 28, 2021 Filing 14 Clerks Entry of Default as to NON-FILING CLAIMANTS - Motions Terminated: #13 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 4/28/2021. (drz)
April 27, 2021 Filing 13 Unopposed MOTION for Clerks Entry of Default Against All Claimants that Failed to Claim by April 26, 2021 as Required by the Court's Order [DE 5] as to All Claimants Arising out of the Yamaha AR 190's October 12, 2020 Voyage in the Vicinity of Haulover Sandbar by Marco A. Colon, Robert S. Batista. (Mescolotto, Andrew)
April 27, 2021 Filing 12 NOTICE of Compliance with Supplemental Rule F and Court Order by Robert S. Batista, Marco A. Colon (Attachments: #1 Exhibit A - Letter Enclosing Monition) (Mescolotto, Andrew)
April 27, 2021 Filing 11 NOTICE by Robert S. Batista, Marco A. Colon OF FILING AFFIDAVIT OF PUBLICATION FROM THE MIAMI DAILY BUSINESS REVIEW (Attachments: #1 Exhibit A - Affidavit of Publication) (Mescolotto, Andrew)
April 27, 2021 Opinion or Order Filing 10 PAPERLESS ORDER denying without prejudice ECF No. #8 Motion for Extension of Time for failure to comply with the pre-filing conference requirement pursuant to Local Rule 7.1(a)(3). Signed by Judge Beth Bloom (ta00)
April 26, 2021 Filing 9 Clerk's Notice of Filing Deficiency Re: #8 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, filed by Jonas Fontilus, Marie Desir Joseph. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (drz)
April 26, 2021 Filing 8 MOTION for Extension of Time to File Answers, Claim & Affirmative Defenses and Initial Answers, Claims & Affirmative Defenses as to #1 Complaint, by Jonas Fontilus, Marie Desir Joseph. (drz)
March 18, 2021 Filing 7 NOTICE OF CLAIMANTS OF COMPLAINT FOR LIMITATION OF LIABILITY (ail)
March 15, 2021 Filing 6 NOTICE by Robert S. Batista, Marco A. Colon re #5 Order on Motion for Miscellaneous Relief,, Notice of Known Claimants (Mescolotto, Andrew)
March 12, 2021 Opinion or Order Filing 5 OMNIBUS ORDER APPROVING PETITIONERS LETTER OF UNDERTAKING, DIRECTING ISSUANCE OF MONITION AND INJUNCTION, AND DIRECTING PUBLICATION OF NOTICE granting #4 Motion for Entry of Order Approving Letter of Undertaking and Directing Issuance of Monition and Injunction. Re: #4 Unopposed MOTION FOR ENTRY OF ORDER APPROVING LETTER OF UNDERTAKING AND DIRECTING ISSUANCE OF MONITION AND INJUNCTION filed by Robert S. Batista, Marco A. Colon. Signed by Judge Beth Bloom on 3/15/2021. See attached document for full details. (drz)
March 11, 2021 Filing 4 Unopposed MOTION FOR ENTRY OF ORDER APPROVING LETTER OF UNDERTAKING AND DIRECTING ISSUANCE OF MONITION AND INJUNCTION by Robert S. Batista, Marco A. Colon. (Attachments: #1 Exhibit A - Letter of Undertaking to Stand As Security, #2 Exhibit B - Notice to Claimants of LOLA, #3 Exhibit C - Text of Proposed Order)(Mescolotto, Andrew)
March 11, 2021 Filing 3 AFFIDAVIT Declaration of Post Voyage Value of Subject Vessel (Declaration Under Penalty of Perjury Used Due to Covid-19) signed by: Allister Dredge by Robert S. Batista, Marco A. Colon (Mescolotto, Andrew)
March 11, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (pcs)
March 11, 2021 Filing 1 COMPLAINT For Exoneration from or in the Alternative Limitation of Liability against All Claimants Arising out of the Yamaha AR 190's October 12, 2020 Voyage in the Vicinity of Haulover Sandbar. Filing fees $ 402.00 receipt number AFLSDC-14514027, filed by Marco A. Colon, Robert S. Batista. (Attachments: #1 Exhibit A - Fontilus Boating Safety Certificate, #2 Civil Cover Sheet)(Mescolotto, Andrew)

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Petitioner: Marco A. Colon
Represented By: Andrew Nicholas Mescolotto
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Petitioner: Robert S. Batista
Represented By: Andrew Nicholas Mescolotto
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Claimant: All Claimants Arising out of the Yamaha AR 190's October 12, 2020 Voyage in the Vicinity of Haulover Sandbar
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Claimant: Marie Desir Joseph
Represented By: Michael Phillip Borell
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Claimant: Jonas Fontilus
Represented By: Michael Phillip Borell
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