Ward v. M/Y UTOPIA IV et al
| Eric Ward |
| M/Y UTOPIA IV, Official No.1305829, MMSI No. 339328000, her engines, tackle, gear, appurtenances, etc., in rem, UTOPIA YACHTING LLC, in personam, M/Y Utopia IV and Utopia Yachting LLC |
| Gordon Brown, Fred Wennberg and SAMUEL PARROTT |
| 1:2022cv23847 |
| November 22, 2022 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Marine |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 Intervenor COMPLAINT , filed by SAMUEL PARROTT. (Attachments: #1 Exhibit A - ALM Crew agreement Sam Parrott)(Vartak, Kavan) |
Filing 23
ORDER granting #20 Motion to Intervene. Signed by Judge Robert N. Scola, Jr on 1/17/2023. See attached document for full details. (pcs)
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| Filing 22 NOTICE by Utopia Yachting LLC and M/V Utopia of Non-Objection to Samuel Parrotts Motion to Intervene [DE 20] (Bayer, Neil) |
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Filing 21
PAPERLESS ORDER: expediting the briefing schedule and resetting the deadline for any party to respond in opposition to Intervening Plaintiff Samuel Parrott's motion to intervene. (ECF No. 20.) Responses in opposition to the motion, if any, shall be filed no later than January 16, 2023. Signed by Judge Robert N. Scola, Jr. (cst)
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| Filing 20 MOTION to Intervene by SAMUEL PARROTT. Attorney Kavan Vartak added to party SAMUEL PARROTT (pty:intvp). (Attachments: #1 Exhibit INTERVENING VERIFIED COMPLAINT OF SEAMAN SAMUEL PARROTT)(Vartak, Kavan) |
| Filing 19 ANSWER and Affirmative Defenses to Complaint (Correct file attached) by M/Y Utopia IV. (Bayer, Neil) |
| Filing 18 ANSWER and Affirmative Defenses to Complaint by M/Y Utopia IV. (Bayer, Neil) |
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Filing 17
PAPERLESS ORDER: denying the Defendants' motion to set aside the Court's order granting motions to intervene. #13 . As an initial matter, the Defendants' failure to timely respond constitutes sufficient grounds for the Court to have granted the motions by default, and the Defendants' failure to timely respond does not constitute excusable neglect. Solaroll Shade & Shutter Corp. v. Bio-Energy Sys., Inc., 803 F.2d 1130, 1132 (11th Cir. 1986) ("an attorney's negligent failure to respond to a motion does not constitute excusable neglect."). Further, although the Intervening Plaintiffs' motions may not have stated so explicitly, the motions established sufficient grounds for intervention as of right under Federal Rule of Civil Procedure 24(a)(2). Signed by Judge Robert N. Scola, Jr. (cst)
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| Filing 16 Intervenor COMPLAINT INTERVENING VERIFIED COMPLAINT OF SEAMAN FRED WENNBERG, filed by Fred Wennberg.(Vartak, Kavan) |
| Filing 15 Intervenor COMPLAINT INTERVENING VERIFIED COMPLAINT OF SEAMAN GORDON BROWN, filed by Gordon Brown.(Vartak, Kavan) |
| Filing 14 ANSWER and Affirmative Defenses to Complaint by Utopia Yachting LLC. (Bayer, Neil) |
| Filing 13 MOTION to Set Aside #12 Order on Motion to Intervene,,, and Motion for Leave to File Response in Opposition to Motions to Intervene #8 and #9 by M/Y Utopia IV, Utopia Yachting LLC. (Attachments: #1 Exhibit Response in Opposition to Motions to Intervene [DE 8 & 9])(Bayer, Neil) |
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Filing 12
ORDER, granting #8 Motion to Intervene ; granting #9 Motion to Intervene. The Intervening Plaintiffs must file their complaints in this matter as separate docket entries no later than January 9, 2023. Signed by Judge Robert N. Scola, Jr on 1/5/2023. See attached document for full details. (mee)
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Filing 11
PAPERLESS ORDER: granting the Defendants' unopposed motion for extension of time to respond to the complaint. #10 . The Defendants shall respond to the complaint no later than January 6, 2023. Signed by Judge Robert N. Scola, Jr. (cst)
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint RE: Seaman, until and including January 6, 2023 by M/Y Utopia IV, Utopia Yachting LLC. Attorney Neil Bayer added to party M/Y Utopia IV(pty:dft), Attorney Neil Bayer added to party Utopia Yachting LLC(pty:dft). (Bayer, Neil) |
| Reset Response/Answer Due Deadline: M/Y Utopia IV response/answer due 1/6/2023; Utopia Yachting LLC response/answer due 1/6/2023. PER DE#11 (cds) |
| Filing 9 MOTION to Intervene by Fred Wennberg. Attorney Kavan Vartak added to party Fred Wennberg(pty:intvp). (Attachments: #1 Exhibit A - Fred Wennberg Complaint, #2 B - Verification)(Vartak, Kavan) |
| Filing 8 MOTION to Intervene by Gordon Brown. Attorney Kavan Vartak added to party Gordon Brown(pty:intvp). (Attachments: #1 Exhibit A - Gordon Brown Complaint, #2 Exhibit B - Verification)(Vartak, Kavan) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint RE: Seaman, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Eric Ward. Utopia Yachting LLC served on 12/5/2022, response/answer due 12/27/2022. (Vartak, Kavan) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint RE: Seaman, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Eric Ward. M/Y Utopia IV served on 12/5/2022, response/answer due 12/27/2022. (Vartak, Kavan) |
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Filing 5
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/23/2022. See attached document for full details. (fbn)
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Filing 4
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 11/23/2022. See attached document for full details. (mab)
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| Filing 3 Summons Issued as to M/Y Utopia IV and Utopia Yachting LLC. (mab) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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 RE: Seaman against M/Y UTOPIA IV, Official No.1305829, MMSI No. 339328000, her engines, tackle, gear, appurtenances, etc., in rem, UTOPIA YACHTING LLC, in personam. CLERKS NOTICE: Please be advised that this Seamans Action filed pursuant to 28 USC 1916 defers prepayment of the filing fee until the termination of the case, filed by Eric Ward. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Vartak, Kavan) |
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