Palm Beach Steamship Agency, Inc. v. M/V Legend II et al
Plaintiff: Palm Beach Steamship Agency, Inc.
Defendant: Dean's Shipping Ltd., M/V Legend II and Dean's Shipping Co. Ltd.
Intervenor Defendant: Ernest R. Dean
Intervenor Plaintiff: Caterpillar Financial Services Corporation
Case Number: 9:2011cv80172
Filed: February 10, 2011
Court: US District Court for the Southern District of Florida
Office: West Palm Beach Office
County: Palm Beach
Presiding Judge: Kenneth A Marra
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1333
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 23, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2011 Filing 43 WARRANT FOR ARREST IN REM Returned Executed as to M/V Legend, II, a 2006 RO-RO, Official No. 7000075. (ral)
March 23, 2011 Filing 42 WARRANT FOR ARREST IN REM Returned Executed as to M/V Legend II. (ral)
March 17, 2011 Opinion or Order Filing 41 ORDER DISMISSING CASE. All pending motions are denied as moot. This case is CLOSED. Signed by Judge Kenneth A. Marra on 3/17/2011. (ir)
March 17, 2011 Opinion or Order Filing 40 ORDER FOR RELEASE OF M/V LEGEND II re #39 Notice (Other) filed by Dean's Shipping Co. Ltd. Signed by Judge Kenneth A. Marra on 3/17/2011. (ir)
March 17, 2011 Filing 39 NOTICE by Dean's Shipping Co. Ltd. re #38 Notice (Other) Notice of Compliance with Omnibus Order (Attachments: #1 Text of Proposed Order Order to Release Vessel)(Cooper, Jonathan)
March 17, 2011 Filing 38 NOTICE by Dean's Shipping Co. Ltd. re #37 Order Compliance with Omnibus Order (Cooper, Jonathan)
March 16, 2011 Opinion or Order Filing 37 OMNIBUS ORDER re 35 Evidentiary Hearing held on 3/9/11. Signed by Judge Kenneth A. Marra on 3/16/2011. (ir)
March 16, 2011 Filing 36 NOTICE by Dean's Shipping Co. Ltd. re 35 Evidentiary Hearing, Notice of Filing Omnibus Order (Attachments: #1 Text of Proposed Order Omnibus Order on Post Arrest hearing)(Cooper, Jonathan)
March 9, 2011 Filing 35 Minute Entry for proceedings held before Judge Kenneth A. Marra: Evidentiary Hearing held on 3/9/2011 continued from 3/8/11. Parties settle and will submit proposed order. Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov (ir)
March 8, 2011 Filing 34 Minute Entry for proceedings held before Judge Kenneth A. Marra: Evidentiary Hearing held on 3/8/2011. Patrick Novak appeared by phone. Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov (ir)
March 8, 2011 Filing 33 Summons Issued as to Ernest R. Dean, Dean's Shipping Ltd.. (ots)
March 8, 2011 Filing 32 MOTION Relocate Vessel re #12 Order on Motion to Appoint Custodian, by National Maritime Services, Inc.. (Novak, Patrick)
March 7, 2011 Filing 31 NOTICE by National Maritime Services, Inc. of Filing Request for Payment of or Secuirty for Custodial Expenes Prior to Release) (Novak, Patrick) Modified converted to motion on 3/8/2011 (tp).
March 7, 2011 Filing 30 AFFIDAVIT signed by : James W. Stroup. re #27 Amended Complaint by Palm Beach Steamship Agency, Inc. (Stroup, James)
March 7, 2011 Filing 28 NOTICE of Attorney Appearance by Patrick Edward Novak on behalf of National Maritime Services, Inc. (Novak, Patrick)
March 4, 2011 Filing 29 Clerks Notice to Filer re #25 Defendant's MOTION for Hearing Emergency Motion for Post-Arrest Hearing. Emergency Document Filed Electronically; ERROR - Emergency matters may not be filed electronically, they must be filed in the conventional paper format in the division where the judge is chambered. The Clerk contacted Chambers and corrected the docket text to indicate the document is an emergency matter. It is not necessary to refile this document but future filings must comply with the CM/ECF Administrative Procedures and Local Rules. (dj)
March 4, 2011 Filing 27 First AMENDED COMPLAINT against Dean's Shipping Co. Ltd., Dean's Shipping Ltd., M/V Legend II, filed by Palm Beach Steamship Agency, Inc.. (Attachments: #1 Exhibit 1 - Invoices supporting First Amended Verified Complaint)(Stroup, James)
March 4, 2011 Opinion or Order Filing 26 ORDER granting #25 Motion for Post Arrest/Bond Hearing. Signed by Judge Kenneth A. Marra on 3/4/2011. (ir)
March 4, 2011 Filing 25 EMERGENCY Defendant's MOTION for Hearing Emergency Motion for Post-Arrest Hearing by Dean's Shipping Co. Ltd., Dean's Shipping Ltd., M/V Legend II. (Attachments: #1 Text of Proposed Order Order Granting Request for Post Arrest Hearing)(Cooper, Jonathan) Modified on 3/7/2011 (dj).to reflect document text
March 4, 2011 Reset Hearings: Post Arrest/Bond Hearing set for 3/8/2011 02:30 PM in West Palm Beach Division before Judge Kenneth A. Marra. (ir)
March 2, 2011 Filing 24 Supplemental Warrant In Rem Issued as to M/V Legend II. Signed by Judge Kenneth A. Marra on 3/2/2011. (ir)
March 2, 2011 Opinion or Order Filing 23 ORDER granting #19 Motion for Issuance of Supplemental Warrant in rem. Signed by Judge Kenneth A. Marra on 3/2/2011. (ir)
March 2, 2011 Opinion or Order Filing 22 ORDER granting #18 Motion to Re-Appoint Custodian. Signed by Judge Kenneth A. Marra on 3/2/2011. (ir)
March 2, 2011 Filing 21 NOTICE by National Maritime Services, Inc. re #12 Order on Motion to Appoint Custodian, (of Filing Custodial Expenses) (Novak, Patrick)
February 28, 2011 Filing 20 United States Marshal Return on Order of Sale, Sale Date 2/15/11 (M/V Legend, II, a 2006 RO-RO, Official No. 7000075). (ral)
February 28, 2011 Filing 19 MOTION for Issuance of Warrant in rem Supplemental by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit Order Directing Clerk, #2 Exhibit Supplemental Warrant of Arrest)(Blumstein, Mark) Modified Text on 3/1/2011 (ls).
February 28, 2011 Filing 18 MOTION to Re-Appoint National Maritime Services, Inc. as Custodian by Caterpillar Financial Services Corporation. Responses due by 3/17/2011 (Attachments: #1 Exhibit Affidavit, #2 Exhibit Consent)(Blumstein, Mark) Modified on 3/1/2011 (ls).
February 28, 2011 Filing 17 Intervenor COMPLAINT, filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit Transcript of Register, #2 Exhibit Loan Agreement, #3 Exhibit Amended and Restated Note, #4 Exhibit Mortgage - Deed of Covenants, #5 Exhibit Guaranty, #6 Exhibit Loan Amendment, #7 Exhibit Default Notice, #8 Exhibit Panama Registry)(Blumstein, Mark)
February 25, 2011 Filing 16 CLAIM by Dean's Shipping Co. Ltd., M/V Legend II. (Attachments: #1 Affidavit Verification)(Cooper, Jonathan) Modified on 2/28/2011 (ls).
February 14, 2011 Filing 15 AMENDED Warrant In Rem Issued as to M/V Legend II. Signed by Judge Kenneth A. Marra on 2/14/2011. (ir)
February 14, 2011 Filing 14 Warrant In Rem Issued as to M/V Legend II. Signed by Judge Kenneth A. Marra on 2/14/2011. (ir)
February 14, 2011 Opinion or Order Filing 13 ORDER granting #11 Motion for Issuance of Warrant in rem. Signed by Judge Kenneth A. Marra on 2/14/2011. (ir)
February 14, 2011 Opinion or Order Filing 12 ORDER granting #5 Motion to Appoint Custodian National Maritime Services, Inc. appointed; granting #7 Motion to Appoint Custodian National Maritime Services, Inc. appointed. Signed by Judge Kenneth A. Marra on 2/14/2011. (ir)
February 14, 2011 Filing 11 Plaintiff's MOTION for Issuance of Warrant in rem by Palm Beach Steamship Agency, Inc.. (Attachments: #1 Text of Proposed Order Directing the Issuance of the Warrant of Arrest, #2 Warrant of Arrest in Rem)(Stroup, James)
February 11, 2011 Filing 10 Clerks Notice to Filer re #9 Plaintiff's MOTION for Issuance of Warrant in rem of M/V Legend II. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (ls)
February 11, 2011 Filing 9 Plaintiff's MOTION for Issuance of Warrant in rem of M/V Legend II by Palm Beach Steamship Agency, Inc.. (Attachments: #1 Text of Proposed Order Directing the Issuance of the Warrant of Arrest and/or Summons)(Stroup, James)
February 11, 2011 Filing 8 AFFIDAVIT signed by : Alan Swimmer, President of National Maritime Services, Inc.. re #6 Consent and Indemnification Agreement, #7 Plaintiff's MOTION to Appoint National Maritime Services, Inc. as Custodian by Palm Beach Steamship Agency, Inc. (Stroup, James)
February 11, 2011 Filing 7 Plaintiff's MOTION to Appoint National Maritime Services, Inc. as Custodian by Palm Beach Steamship Agency, Inc.. Responses due by 2/28/2011 (Attachments: #1 Text of Proposed Order Appointing Substitute Custodian)(Stroup, James)
February 11, 2011 Filing 6 Consent and Indemnification Agreement by Palm Beach Steamship Agency, Inc. (Stroup, James)
February 11, 2011 Filing 5 Plaintiff's MOTION to Appoint National Maritime Services, Inc. as Custodian by Palm Beach Steamship Agency, Inc.. Responses due by 2/28/2011 (Stroup, James)
February 11, 2011 Filing 4 Notice of Entry of Parties Listed on 3 Clerks Notice to Filer re: Electronic Case into CM/ECF. New Filer(s)/Party(s): Dean's Shipping Co. Ltd. and Dean's Shipping Co. Ltd.. (Stroup, James)
February 11, 2011 Filing 3 Clerks Notice to Filer re: Electronic Case - Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. (yha)
February 10, 2011 Filing 2 Judge Assignment RE: Electronic Complaint to Judge Kenneth A. Marra (yha)
February 10, 2011 Filing 1 COMPLAINT (Verified) against M/V Legend II, a 2006 Ro-Ro, Official No. 7000075. Filing fee $ 350.00 receipt number 113C-3511263, filed by Palm Beach Steamship Agency, Inc.. (Attachments: #1 Exhibit 1 - Invoices supporting Verified Complaint in rem, #2 Civil Cover Sheet)(Stroup, James)

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Defendant: Dean's Shipping Ltd.
Represented By: Jonathan Scott Cooper
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Defendant: M/V Legend II
Represented By: Jonathan Scott Cooper
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Defendant: Dean's Shipping Co. Ltd.
Represented By: Jonathan Scott Cooper
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Intervenor defendant: Ernest R. Dean
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Intervenor plaintiff: Caterpillar Financial Services Corporation
Represented By: Mark Blumstein
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Plaintiff: Palm Beach Steamship Agency, Inc.
Represented By: James Weller Stroup
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