Nimbus Boat Rental, Corp. . et al v. Garcel et al
| Nimbus Boat Rental, Corp., Cristian Valdes and Elaine Leyva |
| Angel Garcel, Jet Skis in Miami, Corp. and F/V NIRVANA |
| 1:2022cv22645 |
| August 19, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 65 DEFENDANTS ANGEL GARCEL AND JET SKIS IN MIAMI, CORP.S ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes by Jet Skis in Miami, Corp., Angel Garcel. (Lopez, Javier) |
| Filing 64 REPORT AND RECOMMENDATIONS as to ECF No. 14 referral for post-arrest hearing under Supplemental Rules C(3) and E(4)(f). Recommending that request to vacate arrest be granted, arrest vacated, #17 Warrant of Arrest In Rem quashed, and vessel released. Objections to R&R due by 10/17/2022 Signed by Magistrate Judge Lauren Fleischer Louis on 10/7/2022. See attached document for full details. (elm) |
| Filing 63 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Continued Evidentiary Hearing held on 9/27/2022. Witnesses Christian Valdes, Captain Julio Sjogreen and Elaine Leyva testified. Defense composite exhibits' D2, D6, D10, D16, D29 admitted. Plaintiff's composite exhibit A-3 admitted. Total time in court: 6 hour(s). Attorney Appearance(s): Javier Asis Lopez, Facundo M. Scialpi, Luis Fernandez, Robert Nelson Pelier. Other appearances: Spanish Interpreters Sergio Alvarez and Carmen Fernandez. Court Reporter: Quanincia Hill, 305-523-5634 / Quanincia_Hill@flsd.uscourts.gov. (aw) Modified on 10/5/2022 to reflect correct date of hearing (aw). |
| Filing 62 MOTION to Amend/Correct Motion for Leave of Court to Move Vessel from the Substitute Custodian and to preserve status quo by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes. Responses due by 10/14/2022 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Pelier, Robert) |
Filing 61
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Motion for Leave of Court to Move the Vessel Nirvana from Substitute Custodian (Motion). #55 . At the end of the Motion, Plaintiffs state, The Plaintiffs have conferred with Defense counsel as per 7.1(a)(3) prior to the filing of the within motion, #55 at 2. However, Plaintiffs do not state that the parties have been unable to resolve the issue, or whether Defendant agrees with the relief requested. Local Rule 7.1(a)(3) provides that "counsel for the movant shall confer... with all parties... in a good faith effort to resolve by agreement the issues to be raised in the motion" and must certify in their motion either " (A) that counsel for the movant has conferred with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion and has been unable to do so; or (B) that counsel for the movant has made reasonable efforts to confer with all parties or non-parties who may be affected by the relief sought in the motion, which efforts shall be identified with specificity in the statement (including the date, time, and manner of each effort), but has been unable to do so. " Local Rule 7.1(a)(3) cautions, "[f]ailure to comply with the requirements of this Local Rule may be cause for the Court to grant or deny the motion and impose on counsel an appropriate sanction." Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiffs Motion #55 is DENIED WITHOUT PREJUDICE. Plaintiffs may refile a Motion for Leave of Court to Move the Vessel Nirvana from Substitute Custodian in compliance with the Southern District of Florida Local Rules. Signed by Judge K. Michael Moore on 9/28/2022. (rfr)
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| Filing 60 Witness List Amended by Angel Garcel, Jet Skis in Miami, Corp... (Lopez, Javier) |
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Filing 59
AMENDED PAPERLESS ORDER denying Plaintiffs' #53 Motion to Compel Production of Records and Evidence for Continued Evidentiary Hearing. This Amended Paperless Order is entered to correct that the Continued Show Cause Hearing is set for September 27, 2022. See ECF No. 50 . The #53 Motion continues to reveal a misunderstanding about the nature and scope of the Show Cause Hearing under Supplemental Rule E(4)(f) and Local Admiralty Rule C(7), and the relative burdens each Party bears therein. See Advisory Notes to Local Admiralty Rule C(2) ("Under this rule, the claimant or intervenor may petition the Court to order the plaintiff to establish probable cause for the arrest of the property. Therefore, at an early stage of the litigation, plaintiff can be required to establish a prima facie case...."). That there are competing claims of ownership is not determinative at this point. See James v. M/V EAGLE EXP., No. CA 12-423-MJ-C, 2012 WL 3068791, at *3 (S.D. Ala. July 27, 2012) ("Nor should the court conduct a mini-trial at this stage of the case."). The Show Cause Hearing was continued to September 27, 2022 for these limited purposes: (1) to afford Defense counsel, in fairness, an opportunity to cross-examine Plaintiff Valdes, and (2) to permit Plaintiffs a third opportunity to establish probable cause to support their claim of ownership and the existence of exigent circumstances that supported the issuance of the #17 Warrant of Arrest In Rem without judicial review. Accordingly, the #53 Motion to Compel is DENIED. Signed by Magistrate Judge Lauren Fleischer Louis on 9/23/2022. (elm)
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Filing 58
PAPERLESS ORDER STRIKING #46 , #56 NOTICES OF FILING SUPPLEMENTAL AUTHORITY. THIS CAUSE is before the Court upon a sua sponte review of the record. Plaintiffs have now filed a second Notice of Filing Supplemental Authority, ECF No. #56 . The Local Rules specifically limit the number and order of memoranda that may be filed in support of or in opposition to a motion: "[n]o further or additional memoranda of law shall be filed and served without prior leave of Court. All materials in support of any motion, response, or reply, including affidavits and declarations, shall be served with the filing." S.D. Fla. L.R. 7.1(c)(1). Neither the Local Rules nor the Federal Rules of Civil Procedure contemplate the piecemeal presentation of legal or factual support to a motion after its filing. To the extent a party learns of supplemental authority germane to a pending dispute, the Local Rules require that a notice of supplemental authority "state the reasons for the filing of the supplemental citations[.]" S.D. Fla. L.R. 7.8. Here, the Notices fail to earnestly engage with or even explain whatsoever the particular relevance of the attached supplemental authorities to this case or to any point of law argued, and thus neither Notice complies with the Local Rules. Because Plaintiffs' Notices fail to comply with the Local Rules of this Court, it is ORDERED AND ADJUDGED that ECF Nos. #46 and #56 are STRICKEN. Signed by Magistrate Judge Lauren Fleischer Louis on 9/23/2022. (elm)
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Filing 57
PAPERLESS ORDER denying Plaintiffs' #53 Motion to Compel Production of Records and Evidence for Continued Evidentiary Hearing. The #53 Motion continues to reveal a misunderstanding about the nature and scope of the Show Cause Hearing under Supplemental Rule E(4)(f) and Local Admiralty Rule C(7), and the relative burdens each Party bears therein. See Advisory Notes to Local Admiralty Rule C(2) ("Under this rule, the claimant or intervenor may petition the Court to order the plaintiff to establish probable cause for the arrest of the property. Therefore, at an early stage of the litigation, plaintiff can be required to establish a prima facie case...."). That there are competing claims of ownership is not determinative at this point. See James v. M/V EAGLE EXP., No. CA 12-423-MJ-C, 2012 WL 3068791, at *3 (S.D. Ala. July 27, 2012) ("Nor should the court conduct a mini-trial at this stage of the case."). The Show Cause Hearing was continued to September 29, 2022 for these limited purposes: (1) to afford Defense counsel, in fairness, an opportunity cross-examine Plaintiff Valdes, and (2) to permit Plaintiffs a third opportunity to establish probable cause to support their claim of ownership and the existence of exigent circumstances that supported the issuance of the #17 Warrant of Arrest In Rem without judicial review. Accordingly, the #53 Motion to Compel is DENIED. Signed by Magistrate Judge Lauren Fleischer Louis on 9/23/2022. (elm)
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| Filing 56 STRICKEN Notice of Supplemental Authority Relevant to the Issues of Ownership Subject of the Ongoing Proceedings Regarding the Arrest of the Vessel by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes (Attachments: #1 Supplement 1, #2 Supplement 2, #3 Supplement 3, #4 Supplement 4, #5 Supplement 5, #6 Supplement 6, #7 Supplement 7, #8 Supplement 8) (Pelier, Robert) Modified on 9/23/2022 per DE 58 Order (kpe). |
| Filing 55 MOTION for Alternative Marina re #12 Plaintiff's MOTION to Appoint Universal Marine Center as Custodian , #20 Order on Motion to Appoint Custodian Global Power Services USA, Corp., d/b/a Yachtland Logistics by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes. (Attachments: #1 Exhibit A)(Pelier, Robert) |
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Filing 54
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Motion for Extension of Time. #51 . 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 Motion for Extension of Time #51 is GRANTED. Defendants shall respond to the Complaint on or before October 13, 2022. Signed by Judge K. Michael Moore on 9/23/2022. (rfr)
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| Filing 53 MOTION to Compel PRODUCTION OF RECORDS AND EVIDENCE FOR CONTINUED EVIDENTIARY PROCEEDING by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes. Responses due by 10/7/2022 (Attachments: #1 Exhibit A, #2 Exhibit B)(Pelier, Robert) |
| Filing 52 TRANSCRIPT of evidentiary hearing held on 9-20-2022 before Magistrate Judge Lauren Fleischer Louis, 1-74 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/12/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/20/2022. (Savino, Dawn) |
| Filing 51 MOTION for Extension of Time to Respond to Complaint re #1 Complaint, by Angel Garcel, Jet Skis in Miami, Corp.. Responses due by 10/5/2022 (Lopez, Javier) |
| Filing 50 PAPERLESS Minute Entry for proceedings before Lauren Fleischer Louis: A Continued Show Cause/Evidentiary Hearing held on 9/20/2022. Witnesses Jhonathan Zitman and Cristian Valdes testified. Defense exhibit #42 with translation. Plaintiff's exhibit #'s 1, B, C-1 C-2, C-4, C-5, E (ECF 2511). A Continued Show Cause/Evidentiary Hearing is set for September 27, 2022 at 9:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida. Total time in court: 2 hour(s) : 30 minutes. Attorney Appearance(s): Javier Asis Lopez, Facundo M. Scialpi, Luis Fernandez, Robert Nelson Pelier, Other appearances: Plaintiffs Cristian Valdes, Elaine Leyva and Defendant Angel Garcel. Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (aw) |
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Filing 49
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Facundo M. Scialpi to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #34 . 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 #34 is GRANTED. Facundo M. Scialpi may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to fscialpi@kttlaw.com. Signed by Judge K. Michael Moore on 9/21/2022. (rfr)
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Filing 48
PAPERLESS ORDER STRIKING #33 , #44 NOTICES OF FILING SERVICE OF SUBPOENA. THIS CAUSE is before the Court upon a sua sponte review of the record. Plaintiffs have filed a Notice of Filing Service of Subpoena Duces Tecum Ad Testificandum to Angel Garcel, ECF No. #33 , and Notice of Filing Service of Subpoena Duces Tecum Ad Testificandum to Camila de Santiago, ECF No. #44 . The Local Rules specifically provide that "[i]nitial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; and (5) notices of taking depositions or notices of serving subpoenas." S.D. Fla. L.R. 26.1(b). The filing of the Notices at this time is improper. Accordingly, it is ORDERED AND ADJUDGED that ECF Nos. #33 and #44 are STRICKEN. Signed by Magistrate Judge Lauren Fleischer Louis on 9/20/2022. (elm)
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| Filing 46 STRICKEN Notice of Supplemental Authority by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement) (Pelier, Robert) Modified on 9/23/2022 per DE 58 Order(kpe). |
| Filing 47 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Show Cause/Evidentiary Hearing held on 9/19/2022. Witness sequestration rule invoked. Witnesses Bernard Calot, Christopher Pliske and Jhonathan Zitman testified. Show Cause/Evidentiary Hearing continued to 9/20/2022 at 1:00 p.m. in Miami Division before Magistrate Judge Lauren Fleischer Louis. Total time in court: 2 hour(s) : 40 minutes. Attorney Appearance(s): Javier Asis Lopez, Facundo M. Scialpi, Luis Fernandez, Robert Nelson Pelier. Other appearances: Plaintiffs' Cristian Valdes (assisted by a Spanish Interpreter) and Elaine Leyva. Defendant Angel Garcel (assisted by a Spanish Interpreter). Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (aw). |
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Filing 45
PAPERLESS ORDER Resetting Continued Hearing. The Continued Show Cause Hearing is reset for September 20, 2022 at 1:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida. Signed by Magistrate Judge Lauren Fleischer Louis on 9/19/2022. (aw)
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| Filing 44 STRICKEN - NOTICE by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes of Filing Service of Subpoena Duces Tecum Ad Testificandum to Camila de Santiago (Pelier, Robert) Modified/Stricken per DE 48 on 9/20/2022 (pes). |
| Filing 43 NOTICE by Angel Garcel, Jet Skis in Miami, Corp. (of Filing Proof of Service) (Attachments: #1 Exhibit A- Proof of Service) (Lopez, Javier) |
| Filing 42 Exhibit and Witness List (Amended) for Defendants by Angel Garcel, Jet Skis in Miami, Corp... (Attachments: #1 Exhibit Jet Skis Annual Report, #2 Exhibit Texts to Zitman (1), #3 Exhibit Texts to Zitman (2))(Lopez, Javier) |
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Filing 41
PAPERLESS ORDER granting #39 Defendants' Amended Motion to Quash Subpoena Duces Tecum. Review of the subpoena Defendants seek to quash, attached as Exhibit A to the Motion, commands Defendant Angel Garcel to appear before the Court for the Show Cause Hearing set for 1:30 PM on Monday, September 19, 2022. The subpoena also commands Defendant Garcel to bring a list of 30 documents with him to the Show Cause Hearing. The subpoena, which is dated September 14, 2022, fails to provide sufficient time to comply. Accordingly, the #39 Amended Motion to Quash Subpoena Duces Tecum is GRANTED. The September 14, 2022 Subpoena Duces Tecum Ad Testificandum for Hearing, directed to Defendant Angel Garcel, is hereby QUASHED. This Order does NOT absolve Mr. Garcel from appearing at the September 19, 2022 Show Cause Hearing, as previously ordered by the Court. See (ECF No. 27). Signed by Magistrate Judge Lauren Fleischer Louis on 9/17/2022. (elm)
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| Filing 40 RESPONSE in Support re #37 Defendant's MOTION to Quash SUBPOENA DUCES TECUM, #39 Amended MOTION to Quash Subpoena Duces Tecum filed by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes. (Fernandez, Luis) |
| Filing 39 Amended MOTION to Quash Subpoena Duces Tecum by Angel Garcel, Jet Skis in Miami, Corp.. (Attachments: #1 Exhibit Exhibit A)(Lopez, Javier) |
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Filing 38
PAPERLESS ORDER requiring expedited supplementation as to #37 Defendants' Motion to Quash Subpoena Duces Tecum. Upon review, the Motion is facially deficient for failure to properly certify conferral with the parties or non-parties who may be affected by the relief sought prior to bringing the Motion. Compliance with Local Rule 7.1(a)(3) is not a mere technicality. Although Defendants may have already done so, the record should reflect that such efforts were made in compliance with the Local Rule and the undersigned's Discovery Practices and Procedures. And if Defendants did not undertake these measures, they must cure that defect before the Motion is adjudicated. Furthermore, the Motion fails to sufficiently identify let alone attach the subpoena Defendants seek to quash. Accordingly, no later than 12:00 noon on Saturday, September 17, 2022, Defendants shall timely file a certificate of conference on the docket and a copy of the subpoena at issue. Signed by Magistrate Judge Lauren Fleischer Louis on 9/16/2022. (elm)
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| Filing 37 Defendant's MOTION to Quash SUBPOENA DUCES TECUM by Angel Garcel, Jet Skis in Miami, Corp.. (Lopez, Javier) |
| Filing 36 Witness List by Angel Garcel, Jet Skis in Miami, Corp... (Lopez, Javier) |
| Filing 35 Exhibit List by Angel Garcel, Jet Skis in Miami, Corp... (Lopez, Javier) |
| Filing 34 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Facundo M. Scialpi. Filing Fee $ 200.00 Receipt # AFLSDC-15956415 by Angel Garcel, Jet Skis in Miami, Corp.. Responses due by 9/30/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Lopez, Javier) |
| Filing 33 STRICKEN - NOTICE by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes of Service of Subpoena on Angel Garcel (Pelier, Robert) Modified/Stricken per DE 48 on 9/20/2022 (pes). |
| Filing 32 Exhibit and Witness List in Compliance with DE 30 by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes.. (Pelier, Robert) |
| Filing 31 NOTICE of Attorney Appearance by Javier Asis Lopez on behalf of Angel Garcel, Jet Skis in Miami, Corp. (Lopez, Javier) |
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Filing 30
PAPERLESS ORDER requiring witness lists. This Cause is before the Court upon a sua sponte review the record. A Show Cause Hearing is set for Monday, September 19, 2022 before the undersigned United States Magistrate Judge. By no later than 5:00 PM (ET) on Friday, September 16, 2022, any party who intends to present live testimony must file a witness list identifying the witness(es) that the party intends to call at the Show Cause Hearing. All exhibits shall be pre-marked for the hearing and served on opposing counsel by no later than Friday, September 16, 2022. Signed by Magistrate Judge Lauren Fleischer Louis on 9/14/2022. (elm)
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| Filing 29 NOTICE by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes of Filing Business Records Affidavit as Per FRE 803(6) & 902(11)(14) (Pelier, Robert) |
| Filing 28 RESPONSE to Motion re #8 MOTION for Issuance of Warrant in rem Verified Response to Verified Statement of Interest and Motion for Order to Show Cause filed by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes. Replies due by 9/20/2022. (Pelier, Robert) |
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Filing 27
PAPERLESS ORDER granting #25 Motion for Order to Show Cause. On the motion of Jet Skis in Miami, Corp. and Angel Garcels, Claimants of the F/V NIRVANA, a 2005, 105 ft. RODMAN bearing Hull Number DLZ138521512, and in accordance with Supplemental Rule E(4)(f) and Local Admiralty Rule C(7), Plaintiffs are hereby ORDERED TO SHOW CAUSE, in writing, on or before September 13, 2022, why the arrest of the Vessel identified above should not be vacated, why exigent circumstances existed requiring the issuance of the warrant of arrest, and why the Court should not award attorney's fees, costs, and expenses incurred by Claimants owing to the arrest.Further, a Show Cause Hearing is set for Monday, September 19, 2022 at 1:30 PM before the undersigned United States Magistrate Judge at the United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida. All Parties, witnesses, and their counsel shall appear in person. Signed by Magistrate Judge Lauren Fleischer Louis on 9/7/2022. (elm)
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| Filing 26 WARRANT FOR ARREST IN REM Returned Executed as to F/V Nirvana. (pcs) |
| Filing 25 Statement of: RIGHT OR INTEREST IN A 2005 105 RODMAN, HULL IDENTIFICATION NUMBER DLZ138521512, AND MOTION FOR ORDER TO SHOW CAUSE by F/V NIRVANA, Angel Garcel, Jet Skis in Miami, Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit COMPOSITE B-2, #4 Exhibit COMPOSITE C-1, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit C-4, #8 Exhibit COMPOSITE C-5, #9 Exhibit COMPOSITE C-6, #10 Exhibit D, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K)(Lopez, Javier) |
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Filing 24
PAPERLESS ORDER denying as moot Plaintiffs' #9 Emergency Hearing Request on Plaintiffs' Motion for Order Directing Clerk to Issue Warrant of Arrest In Rem in light of Plaintiffs' #16 Response to the Court's Order requiring expedited response and setting a hearing, which states that "there is no additional immediate or emergency relief that the Plaintiffs request." Signed by Magistrate Judge Lauren Fleischer Louis on 8/24/2022. (elm)
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| Filing 23 Summons Issued as to Angel Garcel, Jet Skis in Miami, Corp.. (pcs) |
| Filing 22 NOTICE of Filing Proposed Summons(es) as to Defendant Jet Skis in Miami by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes re #1 Complaint, filed by Cristian Valdes, Elaine Leyva, Nimbus Boat Rental, Corp. (Pelier, Robert) |
| Filing 21 NOTICE of Filing Proposed Summons(es) as to Defendant Garcel by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes re #1 Complaint, filed by Cristian Valdes, Elaine Leyva, Nimbus Boat Rental, Corp. (Pelier, Robert) |
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Filing 20
ORDER granting #12 Motion for Appointment of Substitute Custodian. Signed by Judge K. Michael Moore on 8/23/2022. See attached document for full details. (soy)
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Filing 19
PAPERLESS Order Cancelling Motion Hearing set for August 24, 2022 at 10:30 AM per #16 Plaintiff's response that states the request for a hearing is moot. Signed by Magistrate Judge Lauren Fleischer Louis on 8/23/2022. (aw)
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| Filing 18 CLERK'S NOTICE of Issuance of Warrant re 11 Order on Motion for Issuance of Warrant in rem. Additional Notice of Electronic Filing (NEF) sent to United States Marshal Service (public entries only) (pes) |
| Filing 17 Warrant In Rem Issued as to F/V NIRVANA. Signed by DEPUTY CLERK on 8/23/2022. See attached document for full details. (pes) |
| Filing 16 Plaintiff's RESPONSE to 15 Order Setting Hearing on Motion,,,, by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes. (Pelier, Robert) |
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Filing 15
PAPERLESS ORDER requiring expedited response and setting hearing. This is before the Court on Plaintiffs' #9 Emergency Hearing Request on Plaintiffs' Motion for Order Directing Clerk to Issue Warrant of Arrest In Rem, which has been referred to me by the Honorable K. Michael Moore, United States District Judge. The request for a warrant of arrest in rem was granted on August 22, 2022, and therefore the Motion #9 appears moot to that extent. Accordingly, Plaintiffs are ORDERED to respond and identify what remaining emergency relief they seek and the date by which that relief is required. Response due on or before 5:00 PM (ET) on Tuesday, August 23, 2022. It is further ORDERED that an in-person Hearing on Plaintiffs' Emergency Motion #9 is tentatively set before the undersigned United States Magistrate Judge for Wednesday, August 24, 2022 at 10:30 AM at the United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida. Signed by Magistrate Judge Lauren Fleischer Louis on 8/22/2022. (elm)
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Filing 14
PAPERLESS ORDER REFERRING MOTION #9 TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is hereby REFERRED to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to Plaintiffs Emergency Hearing Request #9 and any post-arrest hearing pursuant to Supplemental Rules C(3) and E(4)(f). Signed by Judge K. Michael Moore on 8/22/2022. (soy)
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| Filing 13 Consent and Indemnification Agreement by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes (Pelier, Robert) |
| Filing 12 Plaintiff's MOTION to Appoint Universal Marine Center as Custodian by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes. Responses due by 9/6/2022 (Pelier, Robert) |
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Filing 11
PAPERESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Verified Motion for Issuance of a Warrant of Arrest and/or Summons #8 and Emergency Hearing Request on Plaintiffs' Motion #9 . Plaintiffs move this Court to enter an order directing the Clerk of Court to issue a warrant of arrest against the vessel F/V Nirvana, her boats, engines, tackle equipment, apparel, furnishings, freights and appurtenances, etc. pursuant to Supplemental Rule C(3). See generally #8 . In their Emergency Hearing Request, Plaintiffs' counsel certifies "that the application is compelled because of exigent circumstances" due to the imminent sale of the vessel. See #9 at 2. Pursuant to Supplemental Rule C(3), "[i]f the plaintiff or the plaintiff's attorney certifies that exigent circumstances make court review impracticable, the clerk must promptly issue a summons and a warrant for the arrest of the vessel or other property that is the subject of the action. The plaintiff has the burden in any post-arrest hearing under Rule E(4)(f) to show that exigent circumstances existed." Supplemental Rule C(3)(a)(ii). Accordingly, the Court GRANTS Plaintiffs' Verified Motion for Issuance of a Warrant of Arrest and/or Summons #8 . Pursuant to Supplemental Rule for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure C and Local Admiralty Rule C(2)(b), the Clerk of the Court is DIRECTED to issue a warrant of arrest in rem and/or summons to the United States Marshal for the Southern District of Florida. Signed by Judge K. Michael Moore on 8/22/2022. (soy)
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| Filing 10 NOTICE by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes in Support of Plaintiffs Motion for Warrant or Arrest of Vessel (Pelier, Robert) |
| Filing 9 EMERGENCY MOTION with Certification of Emergency included by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes. Responses due by 9/2/2022 (Pelier, Robert) |
| Filing 8 MOTION for Issuance of Warrant in rem Verified by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pelier, Robert) |
| Filing 7 NOTICE by Elaine Leyva, Nimbus Boat Rental, Corp., Cristian Valdes, F/V NIRVANA re 3 Clerk's Notice to Filer re: Electronic Case, Adding Party (Pelier, Robert) |
| Filing 6 Plaintiff's Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties as to Defendants. Filed by ELAINE LEYVA, NIMBUS BOAT RENTAL, CORP., Cristian Valdes (Pelier, Robert) |
| Filing 5 NOTICE by ELAINE LEYVA, NIMBUS BOAT RENTAL, CORP., Cristian Valdes re 4 Clerk's Notice to Filer re: Electronic Case (Pelier, Robert) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (mab) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (mab) |
| Filing 2 Clerks Notice of Judge Assignment to 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. (mab) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15884444, filed by NIMBUS BOAT RENTAL, CORP., Cristian Valdes, ELAINE LEYVA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Pelier, Robert) |
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