PayCargo Finance LP v. Aspen American Insurance Company et al
| PayCargo Finance LP |
| Aspen American Insurance Company and Bay Maritimes Inc. |
| 1:2022cv22707 |
| August 25, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Other Statutory Actions |
| 46 U.S.C. § 0741 Shipping |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 18 RESPONSE in Opposition re #15 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by PayCargo Finance LP. Replies due by 10/25/2022. (Atkins, Wayne) |
Filing 17
PAPERLESS ORDER REFERRING #15 Defendant Aspen American Insurance Company's Motion to Dismiss. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, #15 Defendant Aspen American Insurance Company's Motion to Dismiss is REFERRED to United States Magistrate Judge Chris M. McAliley for a report and recommendation. Signed by Judge Kathleen M. Williams on 10/4/2022. (er01)
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| Filing 16 NOTICE of Attorney Appearance by Christopher Cullem Fiore on behalf of Aspen American Insurance Company, Aspen American Insurance Company. Attorney Christopher Cullem Fiore added to party Aspen American Insurance Company(pty:dft), Attorney Christopher Cullem Fiore added to party Aspen American Insurance Company(pty:dft). (Fiore, Christopher) |
| Filing 15 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Aspen American Insurance Company, Aspen American Insurance Company. Responses due by 10/18/2022 (Gurley, David) |
| Filing 14 NOTICE of Attorney Appearance by David E Gurley on behalf of Aspen American Insurance Company, Aspen American Insurance Company (Gurley, David) |
| Filing 13 Clerk's Entry of Default as to Bay Maritimes Inc. - Motions Terminated: #12 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 9/26/2022. (mee) |
| Filing 12 Plaintiff's MOTION for Clerk's Entry of Default as to Bay Maritimes Inc. by PayCargo Finance LP. (Attachments: #1 Text of Proposed Order Proposed Order)(Atkins, Wayne) |
| Filing 11 NOTICE of Attorney Appearance by Michael Allen Fant, Jr on behalf of Aspen American Insurance Company, Aspen American Insurance Company. Attorney Michael Allen Fant, Jr added to party Aspen American Insurance Company(pty:dft), Attorney Michael Allen Fant, Jr added to party Aspen American Insurance Company(pty:dft). (Fant, Michael) |
| Filing 10 NOTICE of Attorney Appearance by David E Gurley on behalf of Aspen American Insurance Company, Aspen American Insurance Company. Attorney David E Gurley added to party Aspen American Insurance Company(pty:dft). (Gurley, David) |
| Set/Reset Response/Answer Due Deadline: Aspen American Insurance Company response/answer due 10/4/2022; Aspen American Insurance Company response/answer due 10/4/2022. Per DE 9 Order. (ebz) |
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Filing 9
PAPERLESS ORDER. Defendant Aspen American Insurance Company filed an #8 Unopposed Motion seeking a thirty (30) day extension of time to respond to the Complaint. Defendant does not adequately explain the need for such a lengthy extension, stating only that its counsel requires additional time to investigate the allegations and confer with their client. The Complaint alleges a single claim for breach of contract which, on its face, does not appear complex. (ECF No. 1 at 4). Although Defendant does not justify a thirty-day extension, it has shown good cause for a shorter enlargement of time. Accordingly, the Court hereby ORDERS that the #8 Unopposed Moton for Extension of Time is GRANTED IN PART. Defendant Aspen American Insurance Company shall file its response to the Complaint no later than October 4, 2022. Signed by Magistrate Judge Chris M. McAliley on 9/19/2022. (nsy)
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| Filing 8 MOTION for Extension of Time to Answer Complaint re #1 Complaint, by Aspen American Insurance Company. Attorney David E Gurley added to party Aspen American Insurance Company(pty:dft). Responses due by 10/3/2022 (Gurley, David) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by PayCargo Finance LP. Bay Maritimes Inc. served on 8/31/2022, response/answer due 9/21/2022. (Atkins, Wayne) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by PayCargo Finance LP (Atkins, Wayne) |
| Filing 5 NOTICE of Change of Address, Email or Law Firm Name by Marcus Tan (Tan, Marcus) |
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES: Magistrate Judge Chris M. McAliley referred for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 8/29/2022. See attached document for full details. (mab)
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| Filing 3 Summons Issued as to Aspen American Insurance Company and Bay Maritimes Inc. (mab) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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 Aspen American Insurance Company, Bay Maritimes Inc.. Filing fees $ 402.00 receipt number AFLSDC-15901740, filed by PayCargo Finance LP. (Attachments: #1 Exhibit Ex A - Credit Agreement, #2 Exhibit Ex B - Default Final Judgment, #3 Exhibit Ex C - Form FMC 48, #4 Civil Cover Sheet Civil Cover Sheet, #5 Summon(s) Proposed Summons (Aspen), #6 Summon(s) Proposed Summons (Bay))(Atkins, Wayne) |
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