Bordelon Marine LLC v. ETRAC, INC. et al
| Bordelon Marine LLC |
| National Oceanographic and Atmospheric Administration, United States Of America, ETRAC, INC. and Martin L Heidman |
| Ruben Ravelo, Jesus A Diaz, Juan A Paan, Sr., The Florida Keys Commercial Fishermen's Association, Manuel Ravelo, Emilia C Paan-Palma, Juan A Paan, Jr., Ricardo Diaz and Frank Arencibia, Sr. |
| 4:2020cv10098 |
| August 18, 2020 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Other Statutory Actions |
| 28 U.S.C. § 1333 |
| None |
Docket Report
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This docket was last retrieved on October 12, 2020. A more recent docket listing may be available from PACER.
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Filing 41
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Extension of Time to Hold the Mandatory Scheduling Conference. #37 . Therein, Plaintiff requests that the Court extend the deadline for the Parties to complete their scheduling conference to November 6, 2020. UPON CONSIDERATION of the Motion #37 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Unopposed Motion for Extension of Time to Hold the Mandatory Scheduling Conference #37 is GRANTED. The Parties shall conduct a scheduling conference on or before November 6, 2020. It is further ORDERED that the Parties will file with the Court a joint scheduling report within five (5) days of the scheduling conference. Signed by Chief Judge K. Michael Moore on 10/12/2020. (tsr)
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Filing 40
PAPERLESS ORDER. THIS CAUSE came before the Court upon Third-Party Plaintiff's Motion for Miranda L. Soucie, Esq. to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #36 . 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 #36 is GRANTED. Miranda L. Soucie, Esq. may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to msoucie@spiroslaw.com. Signed by Chief Judge K. Michael Moore on 10/9/2020. (hwr)
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Filing 39
PAPERLESS ORDER. THIS CAUSE came before the Court upon Third-Party Plaintiff's Motion for Matthew Duco, Esq. to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #35 . 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 #35 is GRANTED. Matthew Duco, Esq. may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to mduco@spiroslaw.com. Signed by Chief Judge K. Michael Moore on 10/9/2020. (hwr)
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Filing 38
PAPERLESS ORDER. THIS CAUSE came before the Court upon Third-Party Plaintiff's Motion for James Spiros, Esq. to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #34 . 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 #34 is GRANTED. James Spiros, Esq. may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jspiros@spiroslaw.com. Signed by Chief Judge K. Michael Moore on 10/9/2020. (hwr)
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| Filing 37 Unopposed MOTION for Extension of Time to complete scheduling conference by Bordelon Marine LLC. Responses due by 10/23/2020 (Attachments: #1 Text of Proposed Order)(Little, Ryon) |
| Filing 36 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Miranda Soucie. Filing Fee $ 200.00 Receipt # AFLSDC-13658987 by Frank Arencibia, Sr, Jesus A Diaz, Ricardo Diaz, Juan A Paan, Jr., Juan A Paan, Sr., Emilia C Paan-Palma, Manuel Ravelo, Ruben Ravelo, The Florida Keys Commercial Fishermen's Association. Responses due by 10/22/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Petros, William) |
| Filing 35 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew Duco. Filing Fee $ 200.00 Receipt # AFLSDC-13658953 by Frank Arencibia, Sr, Jesus A Diaz, Ricardo Diaz, Juan A Paan, Jr., Emilia C Paan-Palma, Manuel Ravelo, Ruben Ravelo, The Florida Keys Commercial Fishermen's Association. Responses due by 10/22/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Petros, William) |
| Filing 34 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James Spiro. Filing Fee $ 200.00 Receipt # AFLSDC-13658916 by Frank Arencibia, Sr, Jesus A Diaz, Ricardo Diaz, Juan A Paan, Jr., Emilia C Paan-Palma, Manuel Ravelo, Ruben Ravelo, The Florida Keys Commercial Fishermen's Association. Responses due by 10/22/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Petros, William) |
| Filing 33 Cross-Defendant's ANSWER to Crossclaim and Affirmative Defenses by ETRAC, INC.. (Kelley, Allan) |
| Filing 32 REPLY to Response to Motion re #25 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by Frank Arencibia, Sr, Jesus A Diaz, Ricardo Diaz, Juan A Paan, Jr., Emilia C Paan-Palma, Manuel Ravelo, The Florida Keys Commercial Fishermen's Association. (Petros, William) |
| Filing 31 Bordelon Marine LLC's ANSWER to Counterclaim and Affirmative Defenses by Bordelon Marine LLC. (Little, Ryon) |
| Filing 30 Summons Issued as to Martin L Heidman. (lbc) |
| Filing 29 NOTICE of Filing Proposed Summons(es) on a Third-Party Complaint by Martin L Heidman. Attorney William Lawrence Petros added to party Martin L Heidman(pty:dft). (Petros, William) |
| Filing 28 RESPONSE in Opposition re #25 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by Bordelon Marine LLC. Replies due by 10/6/2020. (Little, Ryon) |
| Filing 27 Defendant's ANSWER and Affirmative Defenses to Complaint by ETRAC, INC.. (Kelley, Allan) |
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Filing 26
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #23 . 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 #23 is GRANTED. John D. Giffin may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to john.giffin@kyl.com. Signed by Chief Judge K. Michael Moore on 9/16/2020. (tgr)
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| Filing 25 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by Frank Arencibia, Sr, Jesus A Diaz, Ricardo Diaz, Juan A Paan, Jr., Juan A Paan, Sr., Emilia C Paan-Palma, Manuel Ravelo, Ruben Ravelo, The Florida Keys Commercial Fishermen's Association. Responses due by 9/29/2020 (Attachments: #1 Exhibit 1)(Petros, William) |
| Filing 24 COUNTERCLAIM against Bordelon Marine LLC, CROSSCLAIM against ETRAC, INC., THIRD PARTY COMPLAINT against Martin L Heidman, filed by Frank Arencibia, Sr, Emilia C Paan-Palma, Jesus A Diaz, Juan A Paan, Jr., Ruben Ravelo, Ricardo Diaz, Juan A Paan, Sr., Manuel Ravelo, The Florida Keys Commercial Fishermen's Association. (Attachments: #1 Exhibit A)(Petros, William) |
| Filing 23 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John D. Giffin. Filing Fee $ 200.00 Receipt # AFLSDC-13524234 by ETRAC, INC.. Responses due by 9/29/2020 (Attachments: #1 Certification of John D. Giffin, #2 Text of Proposed Order)(Kelley, Allan) |
| Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bordelon Marine LLC. The Florida Keys Commercial Fishermen's Association served on 9/3/2020, answer due 9/24/2020. (Little, Ryon) |
| Filing 21 NOTICE of Attorney Appearance by Allan Richard Kelley on behalf of ETRAC, INC.. Attorney Allan Richard Kelley added to party ETRAC, INC.(pty:dft). (Kelley, Allan) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Motion for Lawrence R. Plunkett, Jr. to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #9 . 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 #9 is GRANTED. Lawrence R. Plunkett, Jr., may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to lplunkett@rapllclaw.com. Signed by Chief Judge K. Michael Moore on 9/10/2020. (tsr)
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| Filing 19 SUMMONS (Affidavit) Returned Executed by Bordelon Marine LLC. National Oceanographic and Atmospheric Administration served on 8/27/2020, answer due 10/26/2020. (Little, Ryon) |
| Filing 18 SUMMONS (Affidavit) Returned Executed by Bordelon Marine LLC. United States Of America served on 8/27/2020, answer due 10/26/2020. (Little, Ryon) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bordelon Marine LLC. Ricardo Diaz served on 8/25/2020, answer due 9/15/2020. (Little, Ryon) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bordelon Marine LLC. Manuel Ravelo served on 8/26/2020, answer due 9/16/2020. (Little, Ryon) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bordelon Marine LLC. Juan A Paan, Jr. served on 8/26/2020, answer due 9/16/2020. (Little, Ryon) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bordelon Marine LLC. Emilia C Paan-Palma served on 8/26/2020, answer due 9/16/2020. (Little, Ryon) |
| 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 Bordelon Marine LLC. Juan A Paan, Sr. served on 8/26/2020, answer due 9/16/2020. (Little, Ryon) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bordelon Marine LLC. Ruben Ravelo served on 8/25/2020, answer due 9/15/2020. (Little, Ryon) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bordelon Marine LLC. Jesus A Diaz served on 8/25/2020, answer due 9/15/2020. (Little, Ryon) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bordelon Marine LLC. Frank Arencibia, Sr served on 8/25/2020, answer due 9/15/2020. (Little, Ryon) |
| Filing 9 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lawrence R. Plunkett, Jr.. Pay.gov Agency Tracking ID FLSDC-13476395. Filing Fee $ 200.00 by Bordelon Marine LLC. Responses due by 9/23/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Little, Ryon) |
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Filing 8
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lawrence R. Plunkett, Jr. #7 . 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 #7 is DENIED WITHOUT PREJUDICE. Local counsel for Plaintiff did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures, as required by Local Rule 4(b)(3) and Section 2B of the CM/ECF Administrative Procedures. Local counsel is instructed to file an updated pro hac vice motion that complies with the Local Rules. Signed by Chief Judge K. Michael Moore on 9/9/2020. (tsr)
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| Filing 7 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lawrence R. Plunkett, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-13476395 by Bordelon Marine LLC. Responses due by 9/21/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Little, Ryon) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. 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 referred to United States Magistrate Judge Jacqueline Becerra 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 Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 8/19/2020. (tsr)
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Filing 5
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. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three 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 Chief Judge K. Michael Moore on 8/19/2020. (tsr)
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| Filing 4 Summons Issued as to National Oceanographic and Atmospheric Administration, United States Of America (pcs) |
| Filing 3 Summons Issued as to Frank Arencibia, Sr, Jesus A Diaz, Ricardo Diaz, ETRAC, INC., Juan A Paan, Jr., Juan A Paan, Sr., Emilia C Paan-Palma, Manuel Ravelo, Ruben Ravelo, The Florida Keys Commercial Fishermen's Association. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) |
| Filing 1 COMPLAINT For Declaratory Relief against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13370326, filed by Bordelon Marine LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) ETRAC, #3 Summon(s) U.S.A., #4 Summon(s) NOAA, #5 Summon(s) FKCFA, #6 Summon(s) Arencibia Sr., #7 Summon(s) J Diaz, #8 Summon(s) R Diaz, #9 Summon(s) J Paan Jr., #10 Summon(s) J Paan Sr., #11 Summon(s) E Paan-Palma, #12 Summon(s) R Ravelo, #13 Summon(s) M Ravelo)(Little, Ryon) |
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