RMK Merrill Stevens, LLC v. M/Y Ocean Drive et al
| RMK Merrill Stevens, LLC |
| M/Y Ocean Drive, JUST FUNKY, LLC and Potential Claimants |
| Grasshopper Bank, N.A. |
| Ocean Drive Marine Ventures LLC |
| 1:2024cv21441 |
| April 17, 2024 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Kathleen M Williams |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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This docket was last retrieved on June 7, 2024. A more recent docket listing may be available from PACER.
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Filing 32
PAPERLESS ORDER denying without prejudice #27 MOTION for Issuance of Warrant in rem by Grasshopper Bank, N.A. Intervening Plaintiff seeks the issuance of a supplemental warrant of arrest in rem. But the vessel was already arrested by the U.S. Marshals on April 25, 2024, pursuant to a motion filed by Plaintiff. [ECF Nos. #7 , #11 ]. Therefore, any re-filed motion will address (with supporting legal authority) why it is necessary to issue a second arrest warrant for a vessel that has already been arrested. Additionally, the Undersigned will require Intervening Plaintiff to confer with Plaintiff and include a certificate of conferral in any re-filed motion for the issuance of a supplemental warrant of arrest in rem. Signed by Magistrate Judge Jonathan Goodman on 6/7/2024. (mkr)
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| Filing 31 Clerk's Notice of Docket Correction re 29 Clerk's Notice to Filer re: Electronic Case, Summons(es). Correction Other. Clerk's Notice Entered in Error by Clerk. (drz) |
| Filing 30 Summons Issued as to Ocean Drive Marine Ventures LLC. (drz) |
| Filing 29 Clerk's Notice to Filer re: Summons(es) will not be issued. Summons(es) are not required for Intervenor Complaints and will not be issued. (drz) |
| Filing 28 Amended Intervenor COMPLAINT , filed by Grasshopper Bank, N.A.. (Attachments: #1 Exhibit, #2 Summon(s))(Cooke, Adam) |
| Filing 27 MOTION for Issuance of Warrant in rem by Grasshopper Bank, N.A.. (Attachments: #1 Text of Proposed Order, #2 Warrant)(Cooke, Adam) |
| Filing 26 Intervenor COMPLAINT , filed by Grasshopper Bank, N.A.. (Attachments: #1 Exhibit, #2 Summon(s))(Cooke, Adam) |
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Filing 25
PAPERLESS ORDER. THIS MATTER is before the Court on Grasshopper Bank, N.A.'s Motion for Leave to Intervene (DE #21 ) ("Motion"). In the Motion, Grasshopper Bank, N.A. seeks to intervene in this in rem action pursuant to Southern District of Florida Local Admiralty Rule E(2)(a). Upon review of the Motion, the record, and applicable law, it is ORDERED AND ADJUDGED that Grasshopper Bank, N.A.'s Motion is GRANTED. Grasshopper Bank N.A. shall file its intervening complaint WITHIN THREE DAYS of the date of this Order. Signed by Judge Kathleen M. Williams on 6/3/2024. (bja)
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Filing 24
ORDER granting #23 Unopposed Motion to Inspect Vessel. Signed by Magistrate Judge Jonathan Goodman on 5/31/2024. See attached document for full details. (mkr)
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| Filing 23 Unopposed MOTION to Inspect the M/Y OCEAN DRIVE by M/Y Ocean Drive. (Attachments: #1 Text of Proposed Order)(Black, Michael) |
| Filing 22 M/Y Ocean Drive's ANSWER and Affirmative Defenses to Complaint by M/Y Ocean Drive. (Black, Michael) |
| Filing 21 MOTION to Intervene by Grasshopper Bank, N.A.. (Attachments: #1 Exhibit)(Cooke, Adam) |
| Filing 20 NOTICE of Striking #18 MOTION for Issuance of Warrant in rem filed by Grasshopper Bank, N.A., #17 Intervenor Complaint filed by Grasshopper Bank, N.A. by Grasshopper Bank, N.A. (Cooke, Adam) |
| Filing 19 Clerk's Notice to Filer re: DE #17 Intervenor Complaint. Summons will not be issued. Summons NOT issued for the following reasons: Intervening Complaint filed without leave of the Court. Summonses will not be issued. (drz) |
| Filing 18 Stricken per DE #20 - MOTION for Issuance of Warrant in rem by Grasshopper Bank, N.A.. (Attachments: #1 Text of Proposed Order, #2 Supplemental Warrant)(Cooke, Adam) Modified text on 5/28/2024 (drz). |
| Filing 17 Stricken per DE #20 - Intervenor COMPLAINT , filed by Grasshopper Bank, N.A.. (Attachments: #1 Exhibit, #2 Summon(s))(Cooke, Adam) Modified text on 5/28/2024 (drz). |
| Filing 16 SERVICE (Proof) by Publication by RMK Merrill Stevens, LLC. Last Publication date 5/13/2024. Claims/Positions/Written Defenses/Answers/etc., due by 6/12/2024. (Attachments: #1 Exhibit A - Affidavit of Publication + Notice)(Butto, Gino) |
| Filing 15 Clerk's Notice to Filer re #14 Notice of Action/Publication. Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Service (Proof) by Publication; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must refile the document using the correct event. (ls) |
| Filing 14 Notice of Action/Publication filed by RMK Merrill Stevens, LLC. Potential Claimants answer/written defenses due by 6/3/2024. (Attachments: #1 Exhibit A - Affidavit of Publication + Notice) (Butto, Gino) |
| Filing 13 CLAIM Claim of Owner by Ocean Drive Marine Ventures LLC. (Black, Michael) |
| Filing 12 NOTICE of Attorney Appearance by Michael Charles Black on behalf of M/Y Ocean Drive. Attorney Michael Charles Black added to party M/Y Ocean Drive(pty:dft). (Black, Michael) |
| Filing 11 WARRANT FOR ARREST IN REM Returned Executed as to M/Y Ocean Drive-one 1998 124' Broward bearing Official No. 945782 and Hull ID No. BWD00505K888. (drz) |
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Filing 9
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/19/2024. See attached document for full details. (fbn)
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| Filing 10 Warrant In Rem Issued as to M/Y Ocean Drive. Signed by DEPUTY CLERK on 4/18/2024. See attached document for full details. (drz) |
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Filing 8
ORDER granting #5 Motion to Appoint Custodian. Signed by Magistrate Judge Jonathan Goodman on 4/18/2024. See attached document for full details. (mkr)
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Filing 7
ORDER granting #4 Motion for Issuance of Warrant in rem. Signed by Magistrate Judge Jonathan Goodman on 4/18/2024. See attached document for full details. (mkr)
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters and Notice of Court Practice and Procedures. Signed by Judge Kathleen M. Williams on 4/18/2024. See attached document for full details. (drz)
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| Filing 5 MOTION to Appoint RMK Merrill Stevens, LLC as Custodian by RMK Merrill Stevens, LLC. Responses due by 5/2/2024. (Attachments: #1 Exhibit 1 - Estimated Custodial Charges, #2 Certification Consent & Indemnification Agreement, #3 Text of Proposed Order Appointing Substitute Custodian for Vessel)(Butto, Gino) |
| Filing 4 MOTION for Issuance of Warrant in rem by RMK Merrill Stevens, LLC. (Attachments: #1 Text of Proposed Order Directing Issuance of Warrant, #2 Warrant For Arrest in rem)(Butto, Gino) |
| Filing 3 Summons Issued as to JUST FUNKY, LLC. (nwn) |
| 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 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. (nwn) |
| Filing 1 COMPLAINT TO FORECLOSE ON MARITIME LIEN FOR NECESSARIES against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17457099, filed by RMK Merrill Stevens, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) at to Just Funky LLC, #3 Exhibit A - Agreement, #4 Exhibit B - Invoices)(Butto, Gino) |
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