Travelers Property Casualty Company of America v. Ocean Reef Charters LLC et al
| Travelers Property Casualty Company of America |
| Ocean Reef Charters LLC and Stonegate Bank |
| 9:2018cv81270 |
| September 20, 2018 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Marine |
| 28 U.S.C. § 1333 |
| None |
Docket Report
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This docket was last retrieved on October 26, 2021. A more recent docket listing may be available from PACER.
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Filing 57
ORDER granting #56 Motion to Withdraw as Attorney. Karl S. Essler withdrawn from case Notice of Termination delivered by US Mail to Karl Essler. Signed by Judge Donald M. Middlebrooks on 10/1/2018. See attached document for full details. (lk)
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Filing 56
Unopposed MOTION to Withdraw as Attorney by Karl Essler for / by Ocean Reef Charters LLC. Responses due by 11/13/2018 (Attachments: #1 Text of Proposed Order)(Lidondici, Darlene)
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Filing 55
ORDER ON JOINT STIPULATION OF DISMISSAL OF DEFENDANT-STONEGATE BANK;Denying as moot #51 Motion to Dismiss for Failure to State a Claim. Signed by Judge Donald M. Middlebrooks on 10/16/2018. See attached document for full details. (lk)
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Filing 54
ANSWER to Counterclaim PLAINTIFFS ANSWER TO DEFENDANT OCEAN REEF CHARTERS, LLCS COUNTERCLAIM by Travelers Property Casualty Company of America. (Shane, Richard)
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Filing 53
Joint SCHEDULING REPORT - Rule 26(f) by Travelers Property Casualty Company of America (Attachments: #1 Exhibit Proposed Order)(Shane, Richard)
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Filing 52
NOTICE by Travelers Property Casualty Company of America JOINT STIPULATION OF DISMISSAL OF DEFENDANT STONEGATE BANK (Attachments: #1 Exhibit Proposed Order) (Shane, Richard)
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Filing 51
MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Stonegate Bank. Responses due by 10/16/2018 (Moss, Andrew)
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Filing 50
NOTICE of Attorney Appearance by Christopher Rogers Fertig on behalf of Ocean Reef Charters LLC. Attorney Christopher Rogers Fertig added to party Ocean Reef Charters LLC(pty:dft). (Fertig, Christopher)
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Filing 49
ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against Travelers Property Casualty Company of America by Ocean Reef Charters LLC. (Lidondici, Darlene)
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Filing 48
PAPERLESS ORDER granting #46 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney P. Ryan McElduff. Signed by Judge Donald M. Middlebrooks on 10/1/2018. (kal)
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Filing 47
PAPERLESS ORDER granting #45 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James W. Carbin. Signed by Judge Donald M. Middlebrooks on 10/1/2018. (kal)
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Filing 46
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for P. Ryan McElduff. Filing Fee $ 75.00 Receipt # 113C-11028157 by Travelers Property Casualty Company of America. Responses due by 10/10/2018 (Attachments: #1 Text of Proposed Order)(Shane, Richard)
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Filing 45
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James W. Carbin. Filing Fee $ 75.00 Receipt # 113C-11028101 by Travelers Property Casualty Company of America. Attorney Richard David Shane added to party Travelers Property Casualty Company of America(pty:pla). Responses due by 10/10/2018 (Attachments: #1 Text of Proposed Order)(Shane, Richard)
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Filing 44
NOTICE of Attorney Appearance by Andrew Mitchell Moss on behalf of Stonegate Bank. Attorney Andrew Mitchell Moss added to party Stonegate Bank(pty:dft). (Moss, Andrew)
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Filing 43
NOTICE of Attorney Appearance by Kristen Marie Susik on behalf of Ocean Reef Charters LLC. Attorney Kristen Marie Susik added to party Ocean Reef Charters LLC(pty:dft). (Susik, Kristen)
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Filing 42
Bar Letter re: Admissions sent to attorney David M. Knapp and Kevin T. Merriman, mailing date September 20, 2018, (pt)
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Filing 41
Bar Letter re: Admissions sent to attorney Karl S. Essler, mailing date September 20, 2018, (pt)
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Filing 40
Bar Letter re: Admissions sent to attorney James William Carbin and Patrick Ryan McElduff, mailing date September 20, 2018, (pt)
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Filing 39
Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (jua)
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Filing 38
Case transferred in from New York Western; Case Number 6:17-cv-06670. Electronic file including transfer order and docket sheet received. .(jua).
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Filing 37
ORDER granting #16 Motion to Change Venue; granting #18 Motion to Change Venue insofar as it requests the transfer of venue but is otherwise denied as moot; finding as moot #30 Motion for leave to file supplemental evidence. The Clerk is directed to transfer this case to the Southern District of Florida. Signed by Hon. Elizabeth A. Wolford on 8/31/18. (TF)
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Filing 36
Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Patrick McElduff, Esq. appearing on behalf of plaintiff. Karl Essler, Esq. and Darlene Lidondici, Esq. appearing on behalf of defendant Ocean Reef Charters LLC. Kevin Merriman, Esq. appearing on behalf of defendant Stonegate Bank. Motion Hearing held on 8/8/2018 re #16 MOTION to Change Venue filed by Ocean Reef Charters LLC, #30 MOTION Leave to File Supplemental Evidence re #28 Reply to Response to Motion filed by Ocean Reef Charters LLC, and #18 MOTION to Change Venue filed by Stonegate Bank. Motions Submitted: #16 MOTION to Change Venue, #30 MOTION Leave to File Supplemental Evidence re #28 Reply to Response to Motion, and #18 MOTION to Change Venue. Court reserves and will issue a written decision. (Court Reporter Karen Bush.) (KJA)
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Filing 35
TEXT ORDER regarding #16 Motion to Change Venue by Ocean Reef Charters LLC, #18 Motion to Change Venue by Stonegate Bank, and #30 Motion for Leave to File Supplemental Evidence by Ocean Reef Charters LLC. A Motion Hearing (oral argument) is set for Wednesday, August 8, 2018, at 12:30 P.M. in U.S. Courthouse, 100 State Street, Rochester, New York. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/4/2018. (PFC)
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Filing 34
MEMORANDUM in Support re #30 MOTION Leave to File Supplemental Evidence re #28 Reply to Response to Motion filed by Ocean Reef Charters LLC. (Essler, Karl)
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Filing 33
DECLARATION re #30 MOTION Leave to File Supplemental Evidence re #28 Reply to Response to Motion filed by Stonegate Bank filed by Stonegate Bank. (Attachments: #1 Certificate of Service)(Knapp, David)
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Filing 32
MEMORANDUM in Opposition re #30 MOTION Leave to File Supplemental Evidence re #28 Reply to Response to Motion filed by Travelers Property Casualty Company of America. (Carbin, James)
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Filing 31
TEXT ORDER re #30 Motion for Leave to File Supplemental Evidence re #28 Reply to Response to Motion by Ocean Reef Charters LLC. Response papers are due on or before February 21, 2018. Reply papers are due on or before February 28, 2018. Upon receipt of all papers, the Court will determine if oral argument is necessary and, if so, will advise the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/31/2018. (PFC)
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Filing 30
MOTION Leave to File Supplemental Evidence re #28 Reply to Response to Motion by Ocean Reef Charters LLC. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Certificate of Service)(Essler, Karl)
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Filing 29
REPLY to Response to Motion re #18 MOTION to Change Venue filed by Stonegate Bank. (Attachments: #1 Declaration, #2 Certificate of Service)(Merriman, Kevin)
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Filing 28
REPLY to Response to Motion re #16 MOTION to Change Venue filed by Ocean Reef Charters LLC. (Essler, Karl)
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Filing 27
DECLARATION signed by D. Lidondici filed by Ocean Reef Charters LLC filed by Ocean Reef Charters LLC. (Essler, Karl)
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Filing 26
DECLARATION signed by Thomas F. Craig III re #22 Declaration, filed by Travelers Property Casualty Company of America filed by Travelers Property Casualty Company of America. (McElduff, Patrick)
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Filing 25
RESPONSE in Opposition re #18 MOTION to Change Venue filed by Travelers Property Casualty Company of America. (McElduff, Patrick)
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Filing 24
RESPONSE in Support re #18 MOTION to Change Venue filed by Ocean Reef Charters LLC. (Essler, Karl)
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Filing 23
DECLARATION re #16 MOTION to Change Venue , #21 Memorandum in Opposition to Motion filed by Travelers Property Casualty Company of America filed by Travelers Property Casualty Company of America. (Attachments: #1 Exhibit 4 of P. Ryan McElduff Declaration, #2 Exhibit 5 of P. Ryan McElduff Declaration, #3 Exhibit 6 of P. Ryan McElduff Declaration, #4 Exhibit 7 of P. Ryan McElduff Declaration)(McElduff, Patrick)
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Filing 22
DECLARATION re #16 MOTION to Change Venue , #21 Memorandum in Opposition to Motion filed by Travelers Property Casualty Company of America filed by Travelers Property Casualty Company of America. (Attachments: #1 Exhibit 1 of Thomas F. Craig III Declaration, #2 Exhibit 2 of Thomas F. Craig III Declaration, #3 Exhibit 3 of Thomas F. Craig III Declaration)(McElduff, Patrick)
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Filing 21
MEMORANDUM in Opposition re #16 MOTION to Change Venue filed by Travelers Property Casualty Company of America. (McElduff, Patrick)
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Filing 20
DECLARATION re #16 MOTION to Change Venue filed by Stonegate Bank filed by Stonegate Bank. (Attachments: #1 Certificate of Service)(Merriman, Kevin)
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Filing 19
TEXT ORDER re #18 MOTION to Change Venue. Response papers are due on or before January 18, 2018. Reply papers are due on or before January 25, 2018. Upon receipt of all papers, the Court will determine if oral argument is necessary, and, if so, inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/21/17. (PFC)
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Filing 18
MOTION to Change Venue by Stonegate Bank. (Attachments: #1 Declaration of Yates Padgett, #2 Memorandum in Support, #3 Certificate of Service)(Knapp, David)
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Filing 17
TEXT ORDER re #16 MOTION to Change Venue. Response papers are due on or before January 12, 2018. Reply papers are due on or before January 19, 2018. Upon receipt of all papers, the Court will determine if oral argument is necessary, and, if so, inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/15/17. (PFC)
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Filing 16
MOTION to Change Venue by Ocean Reef Charters LLC. (Attachments: #1 Affidavit Affirmation of K. Essler, #2 Exhibit Ex 1 Travelers Ins Policy Declaration Page, #3 Exhibit Ex 2 Ocean Reef Corp Filing, #4 Exhibit Ex 3 Stonegate Bank Corp Filing, #5 Exhibit Ex 4 Hull & Co. Corp Filing, #6 Exhibit Ex 5 Offshore Marine Corp Filing, #7 Declaration Declaration of R Gollel, #8 Memorandum in Support Memorandum of Law)(Essler, Karl)
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Filing 15
CONTINUATION OF EXHIBITS to #1 Complaint, Policy. (McElduff, Patrick)
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Filing 14
Corporate Disclosure Statement by Stonegate Bank. (Knapp, David)
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Filing 13
TEXT ORDER granting #11 MOTION for Limited Admission Pro Hac Vice of Darlene Lidondici. Signed by Hon. Elizabeth A. Wolford on 12/11/17. (PFC) -CLERK TO FOLLOW UP-
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Pro Hac Vice fee: $ 150, receipt number ROC010118 re #11 (TF)
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E-Filing Notification: #11 MOTION for Limited Admission Pro Hac Vice of Darlene Lidondici. Attorney to mail check to the Clerk's Office by 12/11/17. (TF)
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Filing 12
TEXT ORDER re #9 STIPULATION of Extension by Ocean Reef Charters LLC. Pursuant to the stipulation, defendant Ocean Reef Charters LLC must file and serve an answer or a pre-answer motion on or before December 15, 2017. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/05/2017. (PFC)
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Filing 11
MOTION for Limited Admission Pro Hac Vice of Darlene Lidondici by Ocean Reef Charters LLC. (Attachments: #1 Exhibit Petition for Pro Hac Vice Admission, #2 Exhibit Sponsor Affidavit, #3 Exhibit Attorney Oath, #4 Exhibit Civility Oath, #5 Exhibit Attorney Data Base Form, #6 Exhibit CM/ECF Registrartion Form)(Essler, Karl)
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Filing 10
Corporate Disclosure Statement by Ocean Reef Charters LLC. (Essler, Karl)
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Filing 9
STIPULATION of Extension by Ocean Reef Charters LLC. (Essler, Karl)
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Filing 8
STIPULATION AND ORDER, Answer due date updated as to Stonegate Bank answer due 12/22/2017. Signed by Hon. Elizabeth A. Wolford on 12/1/17. (TF)
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Filing 7
STIPULATION Extension of Time to Answer by Stonegate Bank. (Knapp, David)
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E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required RE #5 AFFIDAVIT of Service for Proof of Service and #4 AFFIDAVIT of Service for Proof of Service (TF)
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RE: #5 and #6 SUMMONS Returned Executed by Travelers Property Casualty Company of America. Ocean Reef Charters LLC served on 11/14/2017, answer due 12/5/2017; Stonegate Bank served on 11/13/2017, answer due 12/4/2017. (TF)
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Filing 6
NOTICE of Appearance by James William Carbin on behalf of Travelers Property Casualty Company of America (Carbin, James)
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Filing 5
AFFIDAVIT of Service for Proof of Service by Harry C. Kovalesky, DueProcess Service served on Diane Massey on behalf of Stonegate Bank on November 14, 2017, filed by Travelers Property Casualty Company of America. (McElduff, Patrick)
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Filing 4
AFFIDAVIT of Service for Proof of Service by Shawn Fahy, DueProcess Service served on Nancy Dougherty on behalf of Ocean Reef Charters LLC on November 14, 2017, filed by Travelers Property Casualty Company of America. (McElduff, Patrick)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
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Filing 3
Summons Issued as to Ocean Reef Charters LLC, Stonegate Bank. (TF)
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Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil opening. (TF)
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E-Filing Notification: Modified plaintiff's name on docket and caption to reflect correct name RE #1 COMPLAINT (TF)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TF)
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Filing 2
Corporate Disclosure Statement by Travelers Property Casualty of America. (McElduff, Patrick)
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Filing 1
COMPLAINT against Ocean Reef Charters LLC, Stonegate Bank $ 400 receipt number 0209-2899833, filed by Travelers Property Casualty of America. (Attachments: #1 Civil Cover Sheet, #2 SUMMONS STONEGATE, #3 Summons Ocean Reef)(McElduff, Patrick)
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