Naval Logistic, Inc. v. M/V BLOND et al
| Naval Logistic, Inc. d/b/a Middle Point Marina and Naval Logistic, Inc. doing business as Middle Point Marina |
| M/V BLOND, in rem, THOROUGHBRED MOTORS INC., in personam, M/V BLOND and THOROUGHBRED MOTORS INC. |
| 1:2023cv21595 |
| April 28, 2023 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Kathleen M Williams |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Motion for Extension of Time to Respond to the Complaint (DE #14 ). The Motion was filed after the close of business on June 12, 2023, the day Defendants' response was due. Thus, the Motion failed to comply with this Court's Practices and Procedures, which state that "[a]bsent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline." The Motion does not proffer "good cause" for the failure to comply with the Court's Practices and Procedures. Additionally, the Motion fails to set forth "good cause" for the extension as required by Local Rule 7.1. Nonetheless, because the Motion is unopposed, it is ORDERED AND ADJUDGED that the Motion (DE #14 ) is GRANTED. Defendants shall respond to Plaintiff's complaint on or before June 20, 2023. Going forward, all motions and filings by the Parties must comply fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court. Signed by Judge Kathleen M. Williams on 6/13/2023. (rm04)
|
| Filing 14 Consent MOTION for Extension of Time to File Response/Reply/Answer by M/V BLOND, THOROUGHBRED MOTORS INC.. Attorney Marcus Kimminau Soares added to party M/V BLOND(pty:dft), Attorney Marcus Kimminau Soares added to party THOROUGHBRED MOTORS INC.(pty:dft). (Soares, Marcus) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Naval Logistic, Inc.. THOROUGHBRED MOTORS INC. served on 5/22/2023, response/answer due 6/12/2023. (Foreman, Zachary) |
| Filing 12 Summons Issued as to THOROUGHBRED MOTORS INC. (pcs) |
| Filing 11 NOTICE by Naval Logistic, Inc. Summons in Civil Action (Foreman, Zachary) |
| Filing 10 Clerk's Notice to Filer re: Summons(es) will not be issued. Summons(es) NOT issued for the following reasons Named Defendant need to be listed first on the Summons not Rodney Dessberg. (pcs) |
| Filing 9 NOTICE of Filing Proposed Summons(es) Summons in Civil Action by Naval Logistic, Inc. (Foreman, Zachary) |
| Filing 8 MOTION for Issuance of Warrant in rem Ex Parte Motion for Issuance of Arrest Warrant by Naval Logistic, Inc.. (Attachments: #1 Exhibit A Warrant for Arrest In Rem, #2 Exhibit B Order Directing the Issuance of the Warrant of Arrest)(Foreman, Zachary) |
| Filing 7 MOTION to Appoint Middle Point Marina as Custodian Motion for Appointment of Substitute Custodian by Naval Logistic, Inc.. Responses due by 5/24/2023 (Attachments: #1 Exhibit A Consent and Indemnification Agreement, #2 Exhibit B Affidavit of Robby Kessel, #3 Exhibit C Proposed Order)(Foreman, Zachary) |
|
Filing 6
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Ex Parte Motion for Issuance of Arrest Warrant (DE #4 ) and Plaintiff's Motion for Appointment of Substitute Custodian (DE #3 ). Plaintiff's Verified Complaint (DE #1 ) identifies M/V BLOND, a 90-foot Inace motor vessel bearing Official Number 1027502, as a Defendant in rem. However, Plaintiff requests that a substitute custodian be appointed for a 58-foot Monterey motor vessel. See (DE #3 at 1). This vessel is not named in Plaintiff's Verified Complaint. Additionally, Plaintiff's Ex Parte Motion for Issuance of Arrest Warrant provides no identifying information for the vessel Plaintiff seeks to arrest, referring only to "Vessel" or "Defendant Vessel." See generally (DE #4 ). Therefore, Plaintiff has failed to sufficiently identify the vessel for which it seeks the relief requested in its pending motions (DE #3 ; DE #4 ). Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Ex Parte Motion for Issuance of Arrest Warrant (DE #4 ) and Plaintiff's Motion for Appointment of Substitute Custodian (DE #3 ) are DENIED WITHOUT PREJUDICE. If Plaintiff wishes to subsequently request this relief, it must sufficiently and accurately identify the vessel for which it seeks such relief. Signed by Judge Kathleen M. Williams on 5/9/2023. (rm04)
|
|
Filing 5
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES: REFERRING CASE to Magistrate Judge Lisette M. Reid for all Discovery disputes and Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 5/8/2023. See attached document for full details. (caw)
|
| Filing 4 MOTION for Issuance of Warrant in rem Ex Parte Motion for Issuance of Arrest Warrant by Naval Logistic, Inc.. (Attachments: #1 Exhibit A Warrant for Arrest, #2 Exhibit B Proposed Order)(Foreman, Zachary) |
| Filing 3 Plaintiff's MOTION to Appoint Middle Point Marina as Custodian Motion for Appointment of Substitute Custodian by Naval Logistic, Inc.. Responses due by 5/19/2023 (Attachments: #1 Exhibit A Consent and Indemnification Agreement, #2 Exhibit B Affidavit, #3 Exhibit C Proposed Order)(Foreman, Zachary) |
| 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 Lisette M. Reid 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. (aao) |
| Filing 1 COMPLAINT Verified Complaint against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16579285, filed by Naval Logistic, Inc. d/b/a Middle Point Marina. (Attachments: #1 Exhibit A Shipyard Agreement, #2 Civil Cover Sheet)(Foreman, Zachary) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
