Overseas Salvage v. M/Y MOZZ II
| Overseas Salvage |
| M/Y MOZZ II, a 2012 88 foot Sunseeker recreational vessel, her boats, engines, generators, tackle, rigging, apparel, furniture, furnishings, equipment, contents and appurtenances, etc. and M/Y Mozz II |
| 1:2022cv23040 |
| September 21, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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This docket was last retrieved on November 18, 2022. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE of Compliance of holding Scheduling Conference by M/Y Mozz II re 12 Pretrial Order,,,,,,,,,,,,,,,,,,,, (Wagner, Scott) |
| Filing 35 HEARING EXHIBITS D1-D9 by M/Y Mozz II. (Attachments: #1 Exhibit Salvage Agreement, #2 Exhibit Seacock Invoice for Repairs before Trip, #3 Exhibit Affidavit of Edgardo Bathich, #4 Exhibit Affidavit of Maximiliano Latrach, #5 Exhibit Affidavit of Maria Costanza Bathich, #6 Exhibit Affidavit of Ignacia Allamand, #7 Exhibit Day of Incident Video - Filed Conventionally by USB, #8 Exhibit Photo of Valve on Engine where Water Exited, #9 Exhibit Water coming out of Engine not Hose Video - Filed Conventionally by USB)(Wagner, Scott) |
| Filing 34 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): P1-P6 re: November 17, 2022 evidentiary hearing on Defendants Motion to Vacate (D.E. 15) by Alexander Philip Koffler on behalf of Overseas Salvage (Koffler, Alexander) |
| Filing 33 HEARING EXHIBITS OVERSEAS SALVAGE's exhibits admitted into evidence at the November 17, 2022 evidentiary hearing on Defendants Motion to Vacate (D.E. 15) P1-P6 by Overseas Salvage. (Attachments: #1 Exhibit 1.P1- OVERSEAS SALVAGE Exhibit 1 - Pure Salvage Agreement, #2 Exhibit 2.P2- OVERSEAS SALVAGE Exhibit 2 - Declaration of Jarrett Little, #3 Exhibit 3.P3- OVERSEAS SALVAGE Exhibit 3 - Declaration of Marcus Mitchell, #4 Exhibit 4.P4- OVERSEAS SALVAGE Exhibit 4 - Declaration of Stevan Rice, #5 Exhibit 5.P5- OVERSEAS SALVAGE Exhibit 5 - Declaration of Timothy Morgan, #6 Exhibit 6.P6- OVERSEAS SALVAGE Exhibit 6 - Verified Complaint and all exhibits thereto)(Koffler, Alexander) |
| Filing 32 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Fairness Hearing held on 11/17/2022, Status Conference held on 11/17/2022. Court to enter a report and recommendation. Attorney Appearance(s): Scott Andrew Wagner, Christopher Rogers Fertig, Alexander Philip Koffler, (Digital 13:36:39) Total time in court: 2 hour(s) : 49 minutes. (dgj) |
Filing 31
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Dismiss. #30 . Therein, Plaintiff requests a seven (7) day extension of time to respond to Defendants' Motion to Dismiss, #17 , in order to further brief the issues raised by Defendants at the Parties' evidentiary hearing in front of Magistrate Judge Louis on November 17, 2022. See #30 at 12. Defendant does not oppose the request. Id. 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 #30 is GRANTED. Plaintiff shall file its response to Defendant's Motion to Dismiss #17 on or before November 25, 2022. Signed by Judge K. Michael Moore on 11/17/2022. (fpi)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #17 MOTION to Dismiss with Prejudice #1 Complaint, for Lack of Standing by Overseas Salvage. (Attachments: #1 Text of Proposed Order)(Koffler, Alexander) |
| Filing 29 Exhibit List for Hearing by M/Y Mozz II.. (Wagner, Scott) |
| Filing 28 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Status Conference held on 11/15/2022. Total time in court: 11 minutes. Attorney Appearance(s): Alexander Philip Koffler and Christopher Rogers - Counsel for the Plaintiff; Fertig,Scott Andrew Wagner -Counsel for the Defendant. (Digital 13:59:07) (kan) |
| Filing 27 Exhibit List for the Fairness Hearing on Defendant, M/Y MOZZ IIs Motion to Vacate (D.E. 15) set by the Court for hearing (D.E. 18, 22) by Overseas Salvage.. (Koffler, Alexander) |
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Filing 26
PAPERLESS ORDER Setting Status Conference. A Telephonic Status Conference is set for November 15, 2022, at 2:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Telephonic appearance may be made by dialing 1 (866) 434-5269, enter access code 9978869 followed by the (#) sign, and enter security code 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 11/15/2022. (nce)
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| Filing 25 Witness List for Fairness Hearing by M/Y Mozz II.. (Wagner, Scott) |
| Filing 24 Witness List for the Fairness Hearing on Defendant, M/Y MOZZ IIs Motion to Vacate (D.E. 15) set by the Court for hearing (D.E. 18, 22) by Overseas Salvage.. (Koffler, Alexander) |
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Filing 23
PAPERLESS ORDER denying Defendant's #20 Motion, and Rescheduling Hearing. At the request of both counsel, and in light of the recently issued Tropical Storm Watch, it is hereby ORDERED that the Fairness Hearing currently set for November 9, 2022, at 9:00 AM is now reset to occur on November 17, 2022, at 1:30 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida. It is FURTHER ORDERED that Defendant's #20 Joint Motion to Continue is DENIED as moot. Signed by Magistrate Judge Lauren Fleischer Louis on 11/8/2022. (nce)
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| Filing 22 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Re: Status Conference held on 11/8/2022. (Status Conference reset for 11/17/2022 01:30 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis.) Total time in court: 7 minutes. Attorney Appearance(s): Scott Andrew Wagner, Christopher Rogers Fertig, (Digital 13:18:10) (kan) Modified text on 11/15/2022 (kan). |
| Filing 21 RESPONSE to Motion re #15 MOTION to Vacate #1 Complaint, MOTION for Fairness Hearing filed by Overseas Salvage. Replies due by 11/15/2022. (Attachments: #1 Exhibit 1 - Little Declaration, #2 Exhibit 2 - Mitchell Declaration, #3 Exhibit 3 - Rice Declaration, #4 Exhibit 4 - Morgan Declaration, #5 Exhibit 5 - Salvage Decisions)(Fertig, Christopher) |
| Filing 20 Agreed MOTION to Continue re 18 Order Setting Hearing on Motion, 19 Order Setting Status Conference, by M/Y Mozz II. Responses due by 11/21/2022 (Wagner, Scott) |
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Filing 19
PAPERLESS ORDER Setting Status Conference. A Telephonic Status Conference is set for November 8, 2022, at 1:15 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Telephonic appearance may be made by dialing 1 (866) 434-5269, enter access code 9978869 followed by the (#) sign, and enter security code 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 11/7/2022. (nce)
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Filing 18
PAPERLESS ORDER Setting Fairness Hearing. A hearing on Defendant's #15 Motion to Vacate is set for November 9, 2022, at 9:00 AM, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida. Signed by Magistrate Judge Lauren Fleischer Louis on 11/4/2022. (nce)
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| Filing 17 MOTION to Dismiss with Prejudice #1 Complaint, for Lack of Standing by M/Y Mozz II. Responses due by 11/18/2022 (Wagner, Scott) |
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Filing 16
PAPERLESS ORDER REFERRING MOTIONS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law and/or issue a Report and Recommendation regarding Defendant's Motion to Vacate Complaint, Motion for Fairness Hearing. #15 . Signed by Judge K. Michael Moore on 11/2/2022. (fpi)
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| Filing 15 MOTION to Vacate #1 Complaint, , MOTION for Fairness Hearing by M/Y Mozz II. Responses due by 11/14/2022 (Attachments: #1 Exhibit A - June 2022 Invoice for Repair of Seacocks Post-Survey, Pre-Incident, #2 Exhibit B - Statement of Guest Mr. Bathich, #3 Exhibit C - Statement of Guest Mr. Latrach, #4 Exhibit D - Statement of Guest Ms. Bathich, #5 Exhibit E - Statement of Crew Member Ignacia Allamand, #6 Exhibit F - Captain Rice Email)(Wagner, Scott) |
| Filing 14 CLAIM of Owner by M/Y Mozz II. (Wagner, Scott) |
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Filing 13
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS 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 referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 9/28/2022. (fpi)
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Filing 12
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 9/28/2022. (fpi)
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Filing 11
ORDER granting #9 Motion for Return of Property. Signed by Judge K. Michael Moore on 9/27/2022. See attached document for full details. (soy)
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| Filing 10 WARRANT FOR ARREST IN REM Returned Executed as to M/Y MOZZ II, a 2012 88' Sunseeker recreational vessel, her boats, etc. (drz) |
| Filing 9 Joint MOTION for Return of Property for Defendant Vessel by M/Y Mozz II. (Attachments: #1 Text of Proposed Order)(Wagner, Scott) |
| Filing 8 NOTICE of Attorney Appearance by Scott Andrew Wagner on behalf of M/Y Mozz II. Attorney Scott Andrew Wagner added to party M/Y Mozz II(pty:dft). (Wagner, Scott) |
| Filing 7 CLERK'S NOTICE of Compliance re #5 Order granting Motion for Issuance of Warrant in rem, Order granting Motion to Appoint Custodian. (Warrant In Rem Issued as to M/Y Mozz II). (jas) |
| Filing 6 Warrant In Rem Issued as to M/Y Mozz II. Signed by DEPUTY CLERK on 9/23/2022. See attached document for full details. (jas) |
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Filing 5
ORDER granting #3 Motion for Issuance of Warrant in rem; granting #4 Motion to Appoint Custodian. Signed by Judge K. Michael Moore on 9/23/2022. See attached document for full details. (fpi)
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| Filing 4 MOTION to Appoint MIRAGE YACHT, INC. as Custodian (Substitute Custodian of Defendant vessel, M/Y MOZZ II) by Overseas Salvage. Responses due by 10/6/2022 (Attachments: #1 Exhibit Ex. 1 - Mirage Yacht Custodial Rate Sheet, #2 Exhibit Ex. 2 - Consent and Indemnification Agreement, #3 Text of Proposed Order)(Koffler, Alexander) |
| Filing 3 MOTION for Issuance of Warrant in rem for arrest of vessel by Overseas Salvage. (Attachments: #1 Warrant Warrant of arrest in rem, #2 Text of Proposed Order)(Koffler, Alexander) |
| 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. (pc) |
| Filing 1 COMPLAINT (Verified) against M/Y MOZZ II, a 2012 88 foot Sunseeker recreational vessel, her boats, engines, generators, tackle, rigging, apparel, furniture, furnishings, equipment, contents and appurtenances, etc.. Filing fees $ 402.00 receipt number AFLSDC-15967384, filed by Overseas Salvage. (Attachments: #1 Exhibit Ex. 1 - Pure salvage agreement, #2 Exhibit Ex. 2 - List of known salvors, #3 Civil Cover Sheet)(Koffler, Alexander) |
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| Plaintiff: Overseas Salvage | |
| Represented By: | Alexander Philip Koffler |
| Represented By: | Christopher Rogers Fertig |
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| Defendant: M/Y MOZZ II, a 2012 88 foot Sunseeker recreational vessel, her boats, engines, generators, tackle, rigging, apparel, furniture, furnishings, equipment, contents and appurtenances, etc. | |
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| Defendant: M/Y Mozz II | |
| Represented By: | Scott Andrew Wagner |
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