Rybovich Boat Company, LLC v. Shakra Holdings Limited et al
| Rybovich Boat Company, LLC |
| Vladimir Gusinsky a/k/a Vladimir Gusinski, in personam, Shakra Holdings Limited, M/Y Blue Star, a 1993 model 37.12 meter Keith Marine motor yacht bearing hull identification number PLK00027F293 and registered with the Cayman Islands Shipping Registry as Official Number 723333, her, Vladimir Gusinsky, Southern Cross Boatworks, Inc., M/Y Blue Star and Vladimir Gusinski |
| Yacht Chandlers, Inc., David Thornburn, Rodilin Thornburn, Bud Morken, III, Dave Talling, Dan Rankin, Marco Volschenk, Michael Brittenden, Maria Tuvilla, Gregor Tuvilla, Karen Magpantay, Frittzie Dumdum, Richard Lima and Mega Yacht Refinishing LLC |
| 9:2020cv80136 |
| January 29, 2020 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Dave Lee Brannon |
| Bruce E Reinhart |
| Other Statutory Actions |
| 28 U.S.C. § 1333 Admiralty - Services Rendered |
| None |
Docket Report
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This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.
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Filing 284
ORDER granting #283 Motion for Disbursement of Funds to Intervening Crew Plaintiffs' counsel, Fowler White Burnett P.A. in the amount of $5,887.20. Signed by Judge Roy K. Altman on 8/1/2022. See attached document for full details. (scn)
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Filing 283
Unopposed MOTION for Disbursement of Funds by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 282
STATUS REPORT (UPDATED) by Rybovich Boat Company, LLC (Martin, Farris)
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Filing 281
STATUS REPORT about Delivery of Artwork by Rybovich Boat Company, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Martin, Farris)
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Filing 280
ORDER - The Court hereby ORDERS that, by June 16, 202, the parties shall file a brief notice updating the Court on this issue. Signed by Judge Roy K. Altman on 6/13/2022. See attached document for full details. (scn)
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Filing 279
Chamber's NOTICE of Filing Attached E-mail (ls)
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Filing 278
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 4/13/2022. Total time in court: 10 minutes. Attorney Appearance(s): Robert Dewitt McIntosh, Clay Michael Naughton, Farris James Martin, III, Erik Hockman, Other appearances: U.S. Marshals Service Deputy Keith Lawson. Court Reporter: Francine Salopek, 305-301-3276 / [email protected]. (kmz)
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Filing 277
PAPERLESS NOTICE of Hearing: Status Conference set for 4/13/2022 12:30 PM before Judge Roy K. Altman. The parties shall appear via Zoom. The Meeting ID is 161 2752 2255. The passcode is 7777. (kmz)
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Filing 276
ORDER of Disbursement of Funds; Administratively Closing Case. Signed by Judge Roy K. Altman on 4/5/2022. See attached document for full details. (ls)
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Filing 275
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 4/5/2022. Total time in court: 15 minutes. Attorney Appearance(s): Robert Dewitt McIntosh, Clay Michael Naughton, Farris James Martin, III, Court Reporter: Francine Salopek, 305-301-3276 / [email protected]. (kmz)
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Filing 274
Order of Dismissal re #271 Notice of Voluntary Dismissal; Dismissing Claims by Intervening Plaintiff Mega Yacht Refinishing LLC. Signed by Judge Roy K. Altman on 4/4/2022. See attached document for full details. (ls)
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Filing 273
Order of Dismissal re #270 Notice of Voluntary Dismissal; Dismissing Claims by Intervening Plaintiff Yacht Chandlers, Inc. Signed by Judge Roy K. Altman on 4/4/2022. See attached document for full details. (ls)
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Filing 272
Order of Dismissal re #265 Notice of Voluntary Dismissal; Dismissing Claims by Intervening Plaintiff Southern Cross Boatworks, Inc. Signed by Judge Roy K. Altman on 4/1/2022. See attached document for full details. (ls)
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Filing 271
NOTICE of Voluntary Dismissal by Mega Yacht Refinishing LLC (Perry, James)
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Filing 270
NOTICE of Voluntary Dismissal by Yacht Chandlers, Inc. (Perry, James)
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Filing 269
PAPERLESS NOTICE of Hearing: The Status Conference originally set for 4/4/2022 is reset for 4/5/2022 at 4:30 PM before Judge Roy K. Altman. The parties shall appear via Zoom. The meeting ID is 161 2752 2255. The passcode is 7777. (kmz)
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Filing 268
PAPERLESS ORDER denying as moot #233 the Joint Motion for a Hearing in light of the Notice of Hearing [ECF No. 234] and the Paperless Minute Entry [ECF No. 237]. Signed by Judge Roy K. Altman on 4/1/2022. (kmz)
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Filing 267
PAPERLESS ORDER denying as moot #262 The Joint Motion for a Hearing in light of the Notice of Hearing [ECF No. 264]. Signed by Judge Roy K. Altman on 3/31/2022. (kmz)
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Filing 266
ORDER Directing Release of Tenders and Artwork from Arrest: granting #263 Unopposed Motion to Release Tenders and Artwork from Arrest. Signed by Judge Roy K. Altman on 3/24/2022. See attached document for full details. (ls)
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Filing 265
NOTICE of Voluntary Dismissal by Southern Cross Boatworks, Inc. (Irwin, David)
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Filing 264
PAPERLESS NOTICE of Hearing: Status Conference set for 4/4/2022 04:00 PM before Judge Roy K. Altman. The parties shall appear via Zoom. The meeting ID is 161 2752 2255. The passcode is 7777. (kmz)
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Filing 263
Unopposed MOTION for Return of Property and, in particular, to Release Property from Arrest and Provide Conditions for the Substitute Custodian to Release the Property to the New Owners by Rybovich Boat Company, LLC. (Attachments: #1 Exhibit A - Email exchange between Rybovich's counsel and U.S. Marshals Service confirming the winning bidders have paid 100% of the purchase price for the property)(Martin, Farris)
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Filing 262
Joint MOTION for Hearing About How the Case Should Proceed re #259 Order, #258 Scheduling Order,, by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 261
Clerks Confirmation of Sale of Various Paintings, i.e. Coastal Fortress with Felucca by Moonlight, "Tranquil Seascape", "Cutter in Choppy Seas", "Rocky Bay with Tranquil Sea", "River Shipping in Winter", "View of a Bay", Untitled (a frozen canal before an Italianate terrace), "View from the Forest", "Sailboat in Rough Sea", Untitled (ships in port), Untitled (houses on seashore), "Tree Grove", Untitled (ships with icebergs), "Study for Seascape", 35-foot Everglades 350EX (cuddy cabin) boat, Hull Identification Number RJD00171314, 18-foot Custom power boat, Hull Identification Number US-XIWS1801B314, 18-foot Boston Whaler power boat, Hull Identification Number US-BWCE0398K40 held on 3/10/2022. (Motion(s) Terminated: #257 Motion for Confirmation of Sale, filed by Rybovich Boat Company, LLC.) (ls)
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Filing 260
Clerks Notice to Filer re #257 Plaintiff's MOTION for Confirmation of Sale (Please note that this is a Request for Clerk's Confirmations of Sales). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls)
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Filing 259
ORDER Requiring Parties to file a Joint Motion for Hearing, by 3/21/2021. Signed by Judge Roy K. Altman on 3/20/2022. See attached document for full details. (ls)
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Filing 258
FIFTH AMENDED SCHEDULING ORDER: Jury Trial set for 4/19/2022 in Fort Lauderdale Division before Judge Roy K. Altman. Calendar Call set for 4/25/2022 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 3/18/2022. See attached document for full details. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 257
Plaintiff's MOTION for Confirmation of Sale << by Rybovich Boat Company, LLC. Responses due by 4/1/2022 (Attachments: #1 Exhibit 1 - proposed Confirmation of Sale of Painting, Coastal Fortress with Felucca by Moonlight, #2 Exhibit 2 - proposed Confirmation of Sale of Painting, Tranquil Seascape, #3 Exhibit 3 - proposed Confirmation of Sale of Painting, Cutter in Choppy Seas, #4 Exhibit 4 - proposed Confirmation of Sale of Painting Rocky Bay with Tranquil Sea, #5 Exhibit 5 - proposed Confirmation of Sale of Painting, River Shipping in Winter, #6 Exhibit 6 - proposed Confirmation of Sale of Painting, View of a Bay, #7 Exhibit 7 - proposed Confirmation of Sale of frozen canal before an Italianate terrace, #8 Exhibit 8 - proposed Confirmation of Sale of Painting, View from the Forest, #9 Exhibit 9 - proposed Confirmation of Sale of Painting, Sailboat in Rough Sea, #10 Exhibit 10 - proposed Confirmation of Sale of Painting, untilted ships in port, #11 Exhibit 11 - proposed Confirmation of Sale of Painting, untilted houses on seashore, #12 Exhibit 12 - proposed Confirmation of Sale of Painting, Tree Grove, #13 Exhibit 13 - proposed Confirmation of Sale Painting (water color on paper), untitled ships with icebergs, #14 Exhibit 14 - proposed Confirmation of Sale of Painting, Study for Seascape, #15 Exhibit 15 - proposed Confirmation of Sale of 35-foot Everglades power boat, #16 Exhibit 16 - proposed Confirmation of Sale of 18-foot Boston Whaler power boat, #17 Exhibit 17 - proposed Confirmation of Sale of 18-foot Custom power boat)(Martin, Farris) Modified Text on 3/21/2022 (ls).
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Filing 256
Amended United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to 18-foot Boston Whaler power boat, Hull Identification Number US-BWCE0398K405 (ls)
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Filing 255
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to 18-foot Custom power boat, Hull Identification Number US-XIWS1801B314 (ls)
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Filing 254
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to 18-foot Boston Whaler power boat, Hull Identification Number US-BWCE0398K405 (ls)
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Filing 253
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to 35-foot Everglades 350EX (cuddy cabin) boat, Hull Identification Number RJD00171314 (ls)
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Filing 252
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "Study for Seascape" (ls)
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Filing 251
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting - Untitled (ships with icebergs) (ls)
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Filing 250
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "Tree Grove" (ls)
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Filing 249
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting - Untitled (houses on seashore) (ls)
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Filing 248
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting - Untitled (ships in port) (ls)
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Filing 247
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "Sailboat in Rough Sea" (ls)
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Filing 246
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "View from the Forest" (ls)
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Filing 245
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting - Untitled (a frozen canal before an Italianate terrace) (ls)
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Filing 244
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "View of a Bay" (ls)
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Filing 243
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "River Shipping in Winter" (ls)
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Filing 242
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "Rocky Bay with Tranquil Sea" (ls)
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Filing 241
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "Cutter in Choppy Seas" (ls)
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Filing 240
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "Tranquil Seascape" (ls)
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Filing 239
United States Marshal Return on Order of Sale, Sale Date 3/10/2022 as to Painting "Coastal Fortress with Felucca by Moonlight" (ls)
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Filing 238
ORDER granting in part and denying in part #226 Motion for a Supplemental Award of Custodia Legis Expenses and for Confirmation of Credit Bidding Authority. Signed by Judge Roy K. Altman on 2/18/2022. See attached document for full details. (ls)
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Filing 237
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 2/18/2022. Total time in court: 42 minutes. Attorney Appearance(s): Adam B. Cooke, Robert Dewitt McIntosh, Farris James Martin, III, Court Reporter: Francine Salopek, 305-301-3276 / [email protected]. (kmz)
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Filing 236
NOTICE by Rybovich Boat Company, LLC re 235 Order, (Martin, Farris)
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Filing 235
PAPERLESS ORDER requiring Rybovich Boat Company, by the end of today, February 17, 2022, to file a Notice on the docket that delineates how much of the total amount of custodia legis fees (both what has been requested and what has been awarded thus far) were for the storage of the M/Y Blue Star and how much were for the storage of the tenders. Signed by Judge Roy K. Altman on 2/17/2022. (kmz)
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Filing 234
PAPERLESS NOTICE of Hearing: Video Motion Hearing set for 2/18/2022 10:30 AM before Judge Roy K. Altman regarding #226 Plaintiff's Motion for Partial Summary Judgment. The parties shall appear via Zoom. The meeting ID is 161 2752 2255. The passcode is 7777. (kmz)
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Filing 233
MOTION for Hearing re #226 Plaintiff's MOTION for Partial Summary Judgment requesting a Supplemental Award of Custodia Legis Expenses and Confirmation of Rybovich's Credit Bidding Authority by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (McIntosh, Robert)
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Filing 232
PAPERLESS ORDER granting #231 the Unopposed Motion for an Extension of Time for the U.S. Marshal to Sell the M/Y Blue Star's Tenders and Artwork. The deadline for the sale of the tenders is extended through February 18, 2022, and the deadline for the sale of the artwork is extended through February 25, 2022. Signed by Judge Roy K. Altman on 1/26/2022. (kmz)
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Filing 231
Unopposed MOTION for Extension of Time for the Marshal to Sell Blue Star's Tenders and Artwork re #225 Order by Rybovich Boat Company, LLC. Responses due by 1/28/2022 (Martin, Farris)
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Filing 230
FOURTH AMENDED SCHEDULING ORDER: Jury Trial set for 3/28/2022 in Fort Lauderdale Division before Judge Roy K. Altman. Calendar Call set for 3/22/2022 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 1/5/2022. See attached document for full details. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 229
PRETRIAL STIPULATION by Rybovich Boat Company, LLC (Attachments: #1 Exhibit 1 - Rybovich's Trial Exhibit List, #2 Exhibit 2 - Southern Cross' Trial Exhibit List, #3 Exhibit 3 - Yacht Chandler's Trial Exhibit List, #4 Exhibit 4 - Crewmembers' Trial Exhibit List, #5 Exhibit 5 - Mega Yacht's Trial Exhibit List, #6 Exhibit 6 - Rybovich's Trial Witness List, #7 Exhibit 7 - Southern Cross' Trial Witness List, #8 Exhibit 8 - Yacht Chandler's Trial Witness List, #9 Exhibit 9 - Crew Plaintiffs' Trial Witness List, #10 Exhibit 10 - Mega Yacht's Trial Witness List)(Martin, Farris)
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Filing 228
RESPONSE in Opposition re #226 Plaintiff's MOTION for Partial Summary Judgment requesting a Supplemental Award of Custodia Legis Expenses and Confirmation of Rybovich's Credit Bidding Authority filed by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. Replies due by 12/23/2021. (Cooke, Adam)
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Filing 227
AFFIDAVIT signed by: Timothy Sargent II re #226 Plaintiff's MOTION for Partial Summary Judgment requesting a Supplemental Award of Custodia Legis Expenses and Confirmation of Rybovich's Credit Bidding Authority by Rybovich Boat Company, LLC (Martin, Farris)
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Filing 226
Plaintiff's MOTION for Partial Summary Judgment requesting a Supplemental Award of Custodia Legis Expenses and Confirmation of Rybovich's Credit Bidding Authority by Rybovich Boat Company, LLC. Responses due by 12/27/2021 (Martin, Farris)
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Filing 225
ORDER Directing Sale of Tenders and Artwork. Signed by Judge Roy K. Altman on 12/9/2021. See attached document for full details. (ls)
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Filing 224
PAPERLESS ORDER granting #223 Plaintiff Rybovich's Motion for an Extension of Time to File the Motion for a Supplemental Award of Custodia Legis Expenses. The Plaintiff shall file its motion by December 11, 2021. Signed by Judge Roy K. Altman on 12/8/2021. (kmz)
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Filing 223
Plaintiff's MOTION for Extension of Time to file motion for Supplemental Award of Custodia Legis Fees and Expenses re #220 Scheduling Order, by Rybovich Boat Company, LLC. Responses due by 12/21/2021 (Martin, Farris)
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Filing 222
ORDER granting #185 Motion for Order of Sale. Signed by Judge Roy K. Altman on 11/29/2021. See attached document for full details. (scn)
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Filing 221
ORDER denying #187 Motion to Separate the Artwork as a Non-Appurtenance. Signed by Judge Roy K. Altman on 11/29/2021. See attached document for full details. (scn)
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Filing 220
THIRD AMENDED SCHEDULING ORDER: Jury Trial set for 1/18/2022 in Fort Lauderdale Division before Judge Roy K. Altman. Calendar Call set for 1/11/2022 1:45 PM in Fort Lauderdale Division before Judge Roy K. Altman. In Limine Motions due by 12/7/2021. Dispositive Motions due by 12/7/2021. Motions due by 12/7/2021. Pretrial Stipulation due by 12/28/2021. Signed by Judge Roy K. Altman on 11/8/2021. See attached document for full details. (scn)
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Filing 219
PAPERLESS ORDER denying #218 the Parties' Joint Motion for a Status Conference. The Court is well aware of the facts and circumstances of this case. If the Court believes that additional argument would be useful in resolving either of the pending motions, then it will schedule a status conference. Signed by Judge Roy K. Altman on 11/5/2021. (kmz)
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Filing 218
Joint MOTION for Hearing re #185 Plaintiff's MOTION for Order of Sale of M/Y Blue Star's Tenders through a U.S. Marshal's Sale, #187 MOTION Separate Artwork by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 217
PAPERLESS ORDER striking #216 the Notification of Ninety Days Expiring. Signed by Judge Roy K. Altman on 10/21/2021. (kmz)
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Filing 216
"STRICKEN" Notification of Ninety Days Expiring by Rybovich Boat Company, LLC re #185 Plaintiff's MOTION for Order of Sale of M/Y Blue Star's Tenders through a U.S. Marshal's Sale filed by Rybovich Boat Company, LLC (Martin, Farris) Modified on 10/25/2021 (ls). (per DE #217)
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Filing 215
NOTICE by Shakra Holdings Limited NOTICE OF ATTORNEYS CHARGING LIEN (Naughton, Clay)
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Filing 214
PAPERLESS ORDER denying as moot #210 the Motion for a Status Hearing on the Amended Motion for Confirmation of Sale in light of #212 the Order Confirming the Amended Motion for Confirmation of Sale. Signed by Judge Roy K. Altman on 9/20/2021. (kmz)
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Filing 213
NOTICE by Rybovich Boat Company, LLC re 211 Order, to File a Joint Motion to Authorize the Sale of the Tenders (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Composite Exhibit)) (Martin, Farris)
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Filing 212
ORDER confirming #207 Amended Motion for Confirmation of Sale. Signed by Judge Roy K. Altman on 9/15/2021. See attached document for full details. (scn)
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Filing 211
PAPERLESS ORDER requiring the parties to file a joint motion to authorize the sale of the tenders. The motion shall include a proposed order authorizing the sale and detailing the agreed-to terms of the sale (and any marketing efforts). The joint motion and proposed order must be filed by September 17, 2021. Signed by Judge Roy K. Altman on 9/7/2021. (kmz)
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Filing 210
Plaintiff's MOTION for Hearing /Status Conference by Rybovich Boat Company, LLC. (Stroup, James)
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Filing 209
PAPERLESS ORDER denying as moot #197 Defendant Shakra Holding's Objection to the Marshal's Sale and #202 Plaintiff Rybovich Boat Company's Motion for Confirmation of the Sale, in light of #207 Plaintiff Rybovich Boat Company's Amended Motion for Confirmation of the Sale and Motion for Refund of the Cash Bid. Signed by Judge Roy K. Altman on 8/13/2021. (kmz)
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Filing 208
SECOND AMENDED SCHEDULING ORDER: Jury Trial set for 12/6/2021 in Fort Lauderdale Division before Judge Roy K. Altman. Calendar Call set for 11/30/2021 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman. In Limine Motions due by 11/9/2021. Pretrial Stipulation due by 11/23/2021. Signed by Judge Roy K. Altman on 8/12/2021. See attached document for full details. (mc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 207
Amended MOTION for Confirmation of Sale of M/Y Blue Star, including two personal watercraft, by Rybovich Boat Company, LLC. Responses due by 8/26/2021 (Attachments: #1 Text of Proposed Order)(Martin, Farris)
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Filing 206
NOTICE OF WITHDRAWAL OF MOTION by Rybovich Boat Company, LLC re #202 Plaintiff's MOTION for Confirmation of Sale of M/Y Blue Star filed by Rybovich Boat Company, LLC (Martin, Farris)
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Filing 205
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 8/12/2021. Attorney Appearance(s): Robert Dewitt McIntosh, Clay Michael Naughton, James Hubert Perry, II, James Weller Stroup, David Edward Irwin, (kmz)
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Filing 204
PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** The Video Status Conference originally set for August 9, 2021 at 1:00 PM is reset for Thursday, August 12, 2021 at 12:00 PM. The parties shall appear via Zoom. The meeting ID is 161 2752 2255. The passcode is 7777. (kmz)
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Filing 203
PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** The Video Status Conference originally set for August 9, 2021 at 1:00 PM is reset for August 11, 2021 at 12:00 PM. The parties shall appear via Zoom. The meeting ID is 161 2752 2255. The passcode is 7777. (kmz)
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Filing 202
Plaintiff's MOTION for Confirmation of Sale of M/Y Blue Star by Rybovich Boat Company, LLC. Responses due by 8/23/2021 (Attachments: #1 Text of Proposed Order of Confirmation of Sale of M/Y Blue Star)(Martin, Farris)
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Filing 201
PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** The Video Status Conference originally set for August 9, 2021 at 1:00 PM is reset for August 10, 2021 at 1:00 PM. The parties shall appear via Zoom. The meeting ID is 161 2752 2255. The passcode is 7777. Status Conference set for 8/10/2021 01:00 PM before Judge Roy K. Altman. (kmz)
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Filing 200
RESPONSE in Opposition re #197 MOTION Objection to Sale re #196 United States Marshal Return on Order of Sale filed by Rybovich Boat Company, LLC. Replies due by 8/16/2021. (Martin, Farris)
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Filing 199
Clerks Notice to Filer re #197 MOTION Objection to Sale re #196 United States Marshal Return on Order of Sale . Wrong Event Selected - Document is NOT a Motion; ERROR - The Filer selected the wrong event. The correction was made by the Clerk. It is not necessary to refile this document. (cqs)
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Filing 198
PAPERLESS ORDER denying as moot #158 Rybovich Boat Company's Motion for Entry of Judgment under Rule 56(b) for the Supplemental Award of Custodia Legis Fees and Expenses from January 23, 2021 through May 10, 2021, in light of #190 the Order allowing credit bidding and awarding custodia legis fees and expenses from January 23, 2021 through July 1, 2021. Signed by Judge Roy K. Altman on 8/6/2021. (kmz)
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Filing 197
Objection to Sale re #196 United States Marshal Return on Order of Sale by Shakra Holdings Limited. (Naughton, ClayText Modified on 8/9/2021 (cqs).
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Filing 196
Amended United States Marshal Return on Order of Sale, Sale Date 7/30/2021 Modified text on 8/3/2021 (mee).
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Filing 195
REPLY to Response to Motion re #187 MOTION Separate Artwork filed by Shakra Holdings Limited. (Naughton, Clay)
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Filing 194
United States Marshal Return on Order of Sale, Sale Date 7/30/2021. (scn)
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Filing 193
PAPERLESS NOTICE of Zoom Hearing: Video Status Conference set for 8/9/2021 at 01:00 PM before Judge Roy K. Altman. The parties shall appear via Zoom. The meeting ID is 161 2752 2255. The passcode is 7777. (kmz)
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Filing 192
Clerks Receipt for Registry Deposit received on 7/30/2021 in the amount of $ 75,000.00, receipt number FLS900007466 (ls)
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Filing 191
United States Marshal Return on Order of Sale, Sale Date 7/30/2021 (ls)
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Filing 190
ORDER granting #173 Motion to Credit Bid its Custodia Legis Expenses at the U.S. Marshals Auction. Signed by Judge Roy K. Altman on 7/29/2021. See attached document for full details. (ls)
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Filing 189
NOTICE by Rybovich Boat Company, LLC re #157 Order, #173 Plaintiff's MOTION to credit bid its custodia legis expenses at the U.S. Marshals Auction (Martin, Farris)
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Filing 188
RESPONSE in Opposition re #187 MOTION Separate Artwork as Non-Appurtenance filed by Rybovich Boat Company, LLC. Replies due by 8/2/2021. (Attachments: #1 Exhibit)(Martin, Farris)
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Filing 187
MOTION Separate Artwork by M/Y Blue Star, Shakra Holdings Limited. (Attachments: #1 Exhibit 1)(Naughton, Clay)
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Filing 186
STATUS REPORT Concerning the Offer to Purchase Artwork by Rybovich Boat Company, LLC (Martin, Farris)
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Filing 185
Plaintiff's MOTION for Order of Sale of M/Y Blue Star's Tenders through a U.S. Marshal's Sale by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 184
REPLY to Response to Motion re #173 Plaintiff's MOTION to credit bid its custodia legis expenses at the U.S. Marshals Auction filed by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 183
RESPONSE in Opposition re #173 Plaintiff's MOTION to credit bid its custodia legis expenses at the U.S. Marshals Auction filed by M/Y Blue Star. Replies due by 7/22/2021. (Naughton, Clay)
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Filing 181
NOTICE by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk of Filing Extended Offer regarding Artwork (Attachments: #1 Exhibit) (Cooke, Adam)
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Filing 182
ORDER re status conference held on 7/12/2021. Signed by Judge Roy K. Altman on 7/12/2021. See attached document for full details. (scn)
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Filing 180
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 7/12/2021. Total time in court: 44 minutes. Attorney Appearance(s): Robert Dewitt McIntosh, Clay Michael Naughton, James Hubert Perry, II, Farris James Martin, III, David Edward Irwin, Court Reporter: Francine Salopek, 954-769-5686 / [email protected]. (kmz)
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Filing 179
NOTICE by Rybovich Boat Company, LLC of Filing Offer for Purchase of Artwork (Attachments: #1 Exhibit Composit Exhibit 1) (Stroup, James)
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**2:00 pm hearing cancelled and rescheduled to 3:00 pm SEE ECF No.178** (tas)
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Filing 177
STIPULATION by All Plaintiffs to Allow the Substitute Custodian, Rybovich Boat Company, LLC, to Credit Bid the Amount of its Custodia Legis Fees and Expenses at the U.S. Marshal's Sales of the M/Y Blue Star, the Tenders, Personal Watercraft and Artwork by Rybovich Boat Company, LLC (Stroup, James)
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Filing 178
PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** The Status Conference originally set for 7/12/2021 at 2:00 PM via Zoom before Judge Roy K. Altman is rescheduled for 7/12/2021 at 3:00 PM. The meeting ID is 161 2752 2255. The passcode is 7777. (kmz)
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Filing 176
ORDER Setting Status Conference: Status Conference Re: Motions set for 7/12/2021 2:00 PM via Zoom before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 7/7/2021. See attached document for full details. (scn)
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Filing 175
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 7/7/2021. Total time in court: 45 minutes. Attorney Appearance(s): Adam B. Cooke, Robert Dewitt McIntosh, James Hubert Perry, II, James Weller Stroup, Court Reporter: Francine Salopek, 954-769-5686 / [email protected]. (kmz)
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Filing 174
PAPERLESS NOTICE of Zoom Hearing: Video Status Conference set for 7/7/2021 11:00 AM in Fort Lauderdale Division before Judge Roy K. Altman. The parties shall appear via Zoom. The meeting ID is 161 2752 2255. The passcode is 7777. (kge)
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Filing 173
Plaintiff's MOTION to credit bid its custodia legis expenses at the U.S. Marshals Auction by Rybovich Boat Company, LLC. (Stroup, James)
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Filing 172
United States Marshal Return Unexecuted on Order of Sale, Expiration Date of online Auction 6/24/2021. (scn)
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Filing 171
OMNIBUS ORDER granting in part and denying in part #111 Motion for Summary Judgment; granting #112 Motion for Summary Judgment. Signed by Judge Roy K. Altman on 6/29/2021. See attached document for full details. (scn)
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Filing 170
AFFIDAVIT Declaration signed by: David Thornburn re #162 Proposed Findings of Fact by Southern Cross Boatworks, Inc. (Irwin, David)
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Filing 169
REPLY to Response to Motion re #158 Renewed MOTION for Entry of Judgment under Rule 54(b) for supplemental award of custodia legis fees and expenses from January 23, 2021 through May 10, 2021 filed by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 168
RESPONSE in Opposition re #158 Renewed MOTION for Entry of Judgment under Rule 54(b) for supplemental award of custodia legis fees and expenses from January 23, 2021 through May 10, 2021 filed by M/Y Blue Star, Shakra Holdings Limited. Replies due by 6/16/2021. (Naughton, Clay)
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Filing 167
AMENDED SCHEDULING ORDER: Jury Trial set for 8/30/2021 before Judge Roy K. Altman. Calendar Call set for 8/24/2021 1:45 PM before Judge Roy K. Altman. Pretrial Stipulation due by 8/16/2021. Signed by Judge Roy K. Altman on 6/4/2021. See attached document for full details. (scn)
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Filing 166
Proposed Findings of Fact and Proposed Conclusions of Law and Proposed Final Judgment by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 165
Proposed Findings of Fact and Proposed Conclusions of Law by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (Cooke, Adam)
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Filing 164
Exhibit List by Southern Cross Boatworks, Inc... (Irwin, David)
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Filing 163
Exhibit and Witness List Witness List by Southern Cross Boatworks, Inc... (Irwin, David)
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Filing 162
Proposed Findings of Fact and Proposed Conclusions of Law by Southern Cross Boatworks, Inc.. (Irwin, David)
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Filing 161
AFFIDAVIT Declaration in Support of Findings of Fact signed by: Pablo Munoz by Southern Cross Boatworks, Inc. (Irwin, David)
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Filing 160
NOTICE by Malinka Tacuma Wade Moye re #159 Declaration. (scn)
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Filing 159
DECLARATION of Third Party by: Malinka Tacuma Wade Moye. (scn)
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Filing 158
Renewed MOTION for Entry of Judgment under Rule 54(b) for supplemental award of custodia legis fees and expenses from January 23, 2021 through May 10, 2021 by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 157
ORDER re Joint Status Report on the Sale of the Vessel ECF No. #145 . Signed by Judge Roy K. Altman on 5/24/2021. See attached document for full details. (scn)
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Filing 156
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 5/24/2021. Total time in court: 30 minutes. Attorney Appearance(s): Adam B. Cooke, Robert Dewitt McIntosh, Clay Michael Naughton, James Hubert Perry, II, James Weller Stroup, Court Reporter: Francine Salopek, 954-769-5686 / [email protected]. (kge)
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Filing 155
PAPERLESS ORDER denying without prejudice the #148 Plaintiffs Motion for Partial Summary Judgment regarding custodia legis fees. Per the #50 Courts Scheduling Order, the deadline for motions for summary judgment was April 6, 2021, so this motion is late. If the motion isnt one for summary judgment, then it fails to comply with the requirements of S.D. Fla. L.R. 7.1(a)(3). The Plaintiff shall file an amended motion complying with the Local Rules by May 25, 2021. Signed by Judge Roy K. Altman on 5/23/2021. (kge)
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Filing 154
PAPERLESS NOTICE of RESCHEDULING Video Hearing: Zoom Status Conference previously set for 5/25/21 is RESCHEDULED to 5/24/2021 10:30 AM in Fort Lauderdale Division before Judge Roy K. Altman. The parties shall appear via Zoom. The Meeting ID is 161 2752 2255. The passcode is 7777. (kge)
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Filing 153
PAPERLESS NOTICE of Video Hearing: Zoom Status Conference set for 5/25/2021 10:30 AM in Fort Lauderdale Division before Judge Roy K. Altman. The parties shall appear via Zoom. The Meeting ID is 161 2752 2255. The passcode is 7777. (kge)
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Filing 152
Case Reassignment of Paired Magistrate Judge to Magistrate Judge Bruce E. Reinhart. Magistrate Judge Dave Lee Brannon no longer assigned to case. (yar)
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Filing 151
PAPERLESS ORDER granting the #147 Unopposed Motion for Extension of Time to file pre-trial stipulation. The parties shall file their pre-trial stipulations by June 4, 2021. Signed by Judge Roy K. Altman on 5/20/2021. (kge)
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Filing 150
PAPERLESS ORDER requiring any party objecting to the terms of sale outlined in the #145 Intervening Plaintiffs status report to respond by May 21, 2021. Signed by Judge Roy K. Altman on 5/20/2021. (kge)
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Filing 149
AFFIDAVIT in Support of Rybovich's Motion for Supplemental Award for custodia legis services provided from January 23, 2021 to May 10, 2021 signed by: Timothy W. Sargent II re #148 Plaintiff's MOTION for Partial Summary Judgment concerning custodial legis services provided to M/Y Blue Star and its appurtenances for January 23, 2021 to May 10, 2021 by Rybovich Boat Company, LLC (Martin, Farris)
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Filing 148
Plaintiff's MOTION for Partial Summary Judgment concerning custodial legis services provided to M/Y Blue Star and its appurtenances for January 23, 2021 to May 10, 2021 by Rybovich Boat Company, LLC. Responses due by 6/2/2021 (Martin, Farris)
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Filing 147
Unopposed MOTION for Extension of Time to file pre-trial stipulation re #50 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, by Mega Yacht Refinishing LLC. Responses due by 6/1/2021 (Perry, James)
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Filing 146
NOTICE by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk re #145 Status Report, of Filing Signed Declaration of G. Robert Toney (Attachments: #1 Affidavit) (Cooke, Adam) Modified Text on 5/19/2021 (ls).
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Filing 145
STATUS REPORT by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk (Attachments: #1 Exhibit)(Cooke, Adam)
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Filing 144
ORDER - Granting #135 Second MOTION for Order of Sale filed by Michael Brittenden, Karen Magpantay, Bud Morken, III, Frittzie Dumdum, Marco Volschenk, David Thornburn, Richard Lima, Dan Rankin, Maria Tuvilla, Gregor Tuvilla, Rodilin Thornburn, Dave Talling. Joint Status Report due by 5/17/2021. Signed by Judge Roy K. Altman on 5/14/2021. See attached document for full details. (scn)
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Filing 143
Clerks Notice to Filer re #141 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#142]. It is not necessary to refile this document. (ls)
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Filing 142
Notification of Ninety Days Expiring by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk re #111 MOTION for Summary Judgment filed by Michael Brittenden, Karen Magpantay, Bud Morken, III, Frittzie Dumdum, Marco Volschenk, David Thornburn, Richard Lima, Dan Rankin, Maria Tuvilla, Gregor Tuvilla, Rodilin Thornburn, Dave Talling (ls)(See Image at DE #141)
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Filing 141
NOTICE by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk re #111 MOTION for Summary Judgment of 90 days expiring. (Cooke, Adam)
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Filing 140
NOTICE by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk re #135 Second MOTION for Order of Sale of No Response (Cooke, Adam) Modified Text on 5/10/2021 (ls).
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Filing 139
PAPERLESS ORDER granting the #138 Unopposed Motion for Extension of Time. The parties shall file the Joint Pre-Trial Stipulation by May 18, 2021. Signed by Judge Roy K. Altman on 5/6/2021. (kge)
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Filing 138
Unopposed MOTION for Extension of Time to File Joint Pre-Trial Stipulation re #50 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, by Rybovich Boat Company, LLC. Responses due by 5/18/2021 (Martin, Farris)
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Filing 137
Notification of Ninety Days Expiring by Rybovich Boat Company, LLC re #113 Statement filed by Rybovich Boat Company, LLC, #112 Plaintiff's MOTION for Summary Judgment and Memorandum of Law in Support Thereof filed by Rybovich Boat Company, LLC (Martin, Farris)
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Reset Deadlines as to #135 Second MOTION for Order of Sale . Responses due by 5/5/2021 Replies due by 5/10/2021. (ls)(per DE #136)
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Filing 136
PAPERLESS ORDER requiring expedited briefing on the #134 Plaintiffs Second Motion for Interlocutory Sale. Any party who objects to the proposed sale outlined in the #134 Plaintiffs Motion shall respond by May 5, 2021. If the Plaintiffs choose to reply, they shall file a Reply by 12:00 pm on May 10, 2021. Signed by Judge Roy K. Altman on 4/30/2021. (kge)
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Filing 135
Second MOTION for Order of Sale by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (Cooke, Adam)
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Filing 134
RESPONSE in Opposition re #127 MOTION for Approval of Vessel Sale filed by M/Y Blue Star, Shakra Holdings Limited. Replies due by 4/20/2021. (Attachments: #1 Exhibit EX A - Blue Star Value Report)(Naughton, Clay)
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Filing 133
United States Marshal Return on Order of Sale. No official bids made/received on the day of the sale. (scn)
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Filing 132
CLERK'S NOTICE - Attorney Admissions has not updated address information for attorney Robert Dewitt McIntosh re #131 Notice of Change of Address, Email or Law Firm Name,,,. Attorney has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (cw)
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Filing 131
NOTICE of Change of Address, Email or Law Firm Name by Robert Dewitt McIntosh. Attorney Robert Dewitt McIntosh added to party Michael Brittenden(pty:intvp), Attorney Robert Dewitt McIntosh added to party Frittzie Dumdum(pty:intvp), Attorney Robert Dewitt McIntosh added to party Richard Lima(pty:intvp), Attorney Robert Dewitt McIntosh added to party Karen Magpantay(pty:intvp), Attorney Robert Dewitt McIntosh added to party Bud Morken, III(pty:intvp), Attorney Robert Dewitt McIntosh added to party Dan Rankin(pty:intvp), Attorney Robert Dewitt McIntosh added to party Dave Talling(pty:intvp), Attorney Robert Dewitt McIntosh added to party David Thornburn(pty:intvp), Attorney Robert Dewitt McIntosh added to party Rodilin Thornburn(pty:intvp), Attorney Robert Dewitt McIntosh added to party Gregor Tuvilla(pty:intvp), Attorney Robert Dewitt McIntosh added to party Maria Tuvilla(pty:intvp), Attorney Robert Dewitt McIntosh added to party Marco Volschenk(pty:intvp). (McIntosh, Robert)
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Filing 130
ORDER granting #128 Motion to Restrict Public Access. The Clerk of Court shall RESTRICT public, non-party access to Page 6 of Exhibit 1 [ECF No. 127-1] to the Plaintiff's Motion for Approval of Vessel Sale [ECF No. 127] by placing the aforementioned Page under seal. It shall remain under seal until further order from this Court. Signed by Judge Roy K. Altman on 4/5/2021. See attached document for full details. (scn)
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Filing 129
ORDER granting #127 Motion For Approval of Vessel Sale. Signed by Judge Roy K. Altman on 4/5/2021. See attached document for full details. (scn)
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Filing 128
MOTION to Restrict Public Access to Document Filed re #127 MOTION for Approval of Vessel Sale by Rybovich Boat Company, LLC. (Attachments: #1 Text of Proposed Order)(Stroup, James)
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Filing 127
MOTION for Approval of Vessel Sale by Rybovich Boat Company, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Stroup, James)
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Filing 126
CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Adam B. Cooke re #125 Notice of Change of Address, Email or Law Firm Name. Attorney Adam B. Cooke has not completed the required procedures for updating their information with the Court. After filing a Notice in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
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Filing 125
NOTICE of Change of Address, Email or Law Firm Name by Adam B. Cooke (Cooke, Adam)
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Filing 124
ORDER granting #123 Unopposed Motion for Approval of Published Sale Notice. Signed by Judge Roy K. Altman on 3/18/2021. See attached document for full details. (ls)
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Filing 123
Unopposed MOTION for Approval of Published Sale Notice by Rybovich Boat Company, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Stroup, James)
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Filing 122
PAPERLESS ORDER granting the #121 Third Motion for Leave to Perform Work on Vessel. The substitute custodian Rybovich Boat Company LLC may perform the repairs detailed in [121-1] Exhibit A of the #121 Motion. Signed by Judge Roy K. Altman on 2/16/2021. (kge)
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Filing 121
Third MOTION for Leave to Perform Work on Vessel by Rybovich Boat Company, LLC. (Attachments: #1 Exhibit A)(Martin, Farris)
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Filing 120
NOTICE of Change of Address, Email or Law Firm Name by Adam B. Cooke (Cooke, Adam)
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Filing 119
REPLY to Response to Motion re #111 MOTION for Summary Judgment filed by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (Attachments: #1 Exhibit)(Cooke, Adam)
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Filing 118
STATUS REPORT concerning removal and storage of M/Y Blue Star's artwork by Rybovich Boat Company, LLC (Attachments: #1 Exhibit A - Bellissima Report)(Martin, Farris)
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Filing 117
RESPONSE in Opposition re #111 MOTION for Summary Judgment filed by M/Y Blue Star, Shakra Holdings Limited. Replies due by 2/3/2021. (Naughton, Clay)
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Filing 116
AFFIDAVIT signed by: David Thornburn re #113 Statement by Rybovich Boat Company, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Martin, Farris)
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Filing 115
AFFIDAVIT signed by: Timothy W. Sargent II re #113 Statement by Rybovich Boat Company, LLC (Martin, Farris)
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Filing 114
AFFIDAVIT signed by: Craig Simon re #113 Statement by Rybovich Boat Company, LLC (Attachments: #1 Exhibit A)(Martin, Farris)
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Filing 113
Statement of: Material Facts in Support of its Motion for Summary Judgment by Rybovich Boat Company, LLC re #112 Plaintiff's MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Martin, Farris)
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Filing 112
Plaintiff's MOTION for Summary Judgment and Memorandum of Law in Support Thereof by Rybovich Boat Company, LLC. Responses due by 2/10/2021 (Martin, Farris)
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Filing 111
MOTION for Summary Judgment by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. Responses due by 1/27/2021 (Attachments: #1 Affidavit, #2 Affidavit)(Cooke, Adam)
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Filing 110
ORDER re Report Regarding the Sale of the Vessel and Removal of its Tenders and Artwork [ECF No. 109] in accordance with this Court's Order granting the Motion for Order of Sale of the M/Y Blue Star [ECF No. 107]. Signed by Judge Roy K. Altman on 12/23/2020. See attached document for full details. (scn)
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Filing 109
REPORT REGARDING Sale of Vessel and Removal of Tenders and Artwork by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk (Attachments: #1 Exhibit)(Cooke, Adam)
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Filing 108
ORDER TO SHOW CAUSE. Show Cause Response due by 12/21/2020. Signed by Judge Roy K. Altman on 12/21/2020. See attached document for full details. (scn)
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Filing 107
Clerks Notice of Docket Correction re #106 Order on Motion for Order of Sale, Order on Motion for Leave to Proceed in forma pauperis. Document Restricted Due to Error in the title/other; The correct document has been attached to this notice. (mf)
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Filing 106
ORDER granting #82 Motion To Compel Appraisal. USM Service NOT Ordered. Joint Status Report due by 12/14/2020. Signed by Judge Roy K. Altman on 12/9/2020. See attached document for full details. (scn)
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Filing 105
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Motion Hearing held on 12/9/2020 re #82 Motion for Order of Sale/Interlocutory Sale of Vessel MOTION for Leave to Proceed in forma pauperis or Otherwise be excused from paying a Custodia Legis Deposit filed by Michael Brittenden, Karen Magpantay, Bud Morken, III, Frittzie Dumdum, Marco Volschenk, David Thornburn, Richard Lima, Dan Rankin, Maria Tuvilla, Gregor Tuvilla, Rodilin Thornburn, Dave Talling. Total time in court: 45 minutes. Attorney Appearance(s): Clay Michael Naughton, James Hubert Perry, II, James Weller Stroup, David Edward Irwin, Court Reporter: Francine Salopek, 954-769-5686 / [email protected]. (kge)
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Filing 104
PAPERLESS NOTICE of Zoom Videoconference Hearing: re #82 Motion for Order of Sale/Interlocutory Sale of Vessel MOTION for Leave to Proceed in forma pauperis or Otherwise be excused from paying a Custodia Legis Deposit. The Motion Hearing set for 12/9/2020 01:00 PM in Fort Lauderdale Division before Judge Roy K. Altman shall be conducted via Zoom Videoconference. The Meeting ID is 161 144 9885. The Password is 7777. (kge)
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Filing 103
PAPERLESS ORDER denying as moot the 99 Motion for Hearing in light of the 101 Courts Notice scheduling a telephonic motion hearing on the #82 Motion for Order of Sale. Signed by Judge Roy K. Altman on 11/25/2020. (kge)
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Filing 102
PAPERLESS ORDER denying as moot the 96 Motion for Hearing in light of the 101 Courts Notice scheduling a telephonic motion hearing on the #82 Motion for Order of Sale. Signed by Judge Roy K. Altman on 11/25/2020. (kge)
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Filing 101
PAPERLESS NOTICE of Hearing: re #82 Motion for Order of Sale/Interlocutory Sale of Vessel MOTION for Leave to Proceed in forma pauperis or Otherwise be excused from paying a Custodia Legis Deposit Telephonic Motion Hearing set for 12/9/2020 01:00 PM in Fort Lauderdale Division before Judge Roy K. Altman. The parties are directed to appear telephonically. At that time, the parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline. (kge)
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Filing 100
Second Clerks Notice to Filer re #98 Notice (Other),. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls)
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Filing 99
MOTION for Hearing re #82 Motion for Order of Sale/Interlocutory Sale of Vessel MOTION for Leave to Proceed in forma pauperis or Otherwise be excused from paying a Custodia Legis Deposit by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (ls)(See Image at DE #98)
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Filing 98
NOTICE by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk re #94 Order on Motion for Miscellaneous Relief, of filing Condition (Attachments: #1 Exhibit) (Cooke, Adam) Modified to add missing event 99 request for hearing on 11/13/2020 (ls).
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Filing 97
Clerks Notice to Filer re #95 Notice (Other),. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls)
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Filing 96
MOTION for Hearing by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (ls)(See Image at DE #95)
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Filing 95
NOTICE of Filing Condition and Value Surveys by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk re #94 Order on Motion for Miscellaneous Relief, (Attachments: #1 Tony Rossitto Condition Survey, #2 Jason Dunbar Appraisal) (Cooke, Adam) Modified Text and to add missing event 96 request for hearing on 10/30/2020 (ls).
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Filing 94
ORDER granting #90 MOTION TO COMPEL APPRAISAL. The parties shall NOTIFY the Court once the vessel has been appraised so that the Court may set a hearing on the Motion for Interlocutory Sale [ECF No. 82]. Signed by Judge Roy K. Altman on 10/14/2020. See attached document for full details. (scn)
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Set Deadlines as to #90 Expedited MOTION for Survey of Vessel and Appraisal Artwork . Responses due by 10/9/2020 Replies due by 10/13/2020. (ls)(per DE #93)
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Filing 93
PAPERLESS ORDER requiring any party objecting to the #90 Intervening Plaintiffs Expedited Motion for Survey of Vessel and Appraisal Artwork to respond by October 9, 2020 at 12:00 p.m. EST. Any replies shall be filed by October 13, 2020 at 12:00 p.m. EST. Signed by Judge Roy K. Altman on 10/5/2020. (kge)
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Filing 92
NOTICE by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk re #90 Expedited MOTION for Survey of Vessel and Appraisal Artwork of filing Declaration in Support (Attachments: #1 Affidavit of Captain David Thornburn) (Cooke, Adam) Modified Text on 10/6/2020 (ls).
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Filing 91
FINAL MEDIATION REPORT by F. David Famulari. Disposition: Case did not settle.(Famulari, F.)
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Filing 90
Expedited MOTION for Survey of Vessel and Appraisal Artwork by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (Cooke, Adam) Modified Text on 10/5/2020 (ls).
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Filing 89
REPLY to Response to Motion re #82 Motion for Order of Sale/Interlocutory Sale of Vessel MOTION for Leave to Proceed in forma pauperis or Otherwise be excused from paying a Custodia Legis Deposit filed by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (Cooke, Adam)
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Filing 88
WARRANT FOR ARREST IN REM Returned Executed as to M/Y Blue Star. (supplemental arrest by an intervening plaintiff) (scn)
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Filing 87
WARRANT FOR ARREST IN REM Returned Executed as to M/Y Blue Star. (scn)
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Filing 86
RESPONSE in Opposition re #82 Motion for Order of Sale/Interlocutory Sale of Vessel MOTION for Leave to Proceed in forma pauperis or Otherwise be excused from paying a Custodia Legis Deposit filed by Rybovich Boat Company, LLC. Replies due by 9/24/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Martin, Farris)
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Reset Deadlines as to #82 Motion for Order of Sale/Interlocutory Sale of Vessel MOTION for Leave to Proceed in forma pauperis or Otherwise be excused from paying a Custodia Legis Deposit. Responses due by 9/18/2020 per DE 85 Order. (mc)
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Filing 85
PAPERLESS ORDER granting the #84 Plaintiffs Unopposed Motion for Extension of Time. The Plaintiff shall file its response to the Intervening Crew Plaintiffs Motion for Interlocutory Sale #82 by September 18, 2020. Signed by Judge Roy K. Altman on 9/14/2020. (kge)
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Filing 84
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #82 Motion for Order of Sale/Interlocutory Sale of Vessel MOTION for Leave to Proceed in forma pauperis or Otherwise be excused from paying a Custodia Legis Deposit by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 83
Clerks Notice to Filer re #82 MOTION for Interlocutory Sale of Vessel and to Proceed in Forma Pauperis or Otherwise Be Excused from Paying Custodia Legis Deposit . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. AND Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
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Filing 82
Motion for Order of Sale/Interlocutory Sale of Vessel by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (Attachments: #1 Exhibit)(Cooke, Adam) Modified Relief on 9/1/2020 (ls). Added MOTION for Leave to Proceed in forma pauperis or Otherwise be excused from paying a Custodia Legis Deposit on 9/1/2020 (ls).
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Filing 81
Plaintiff, Rybovich Boat Company, LLC's ANSWER to Intervenor Complaint (DE 56) by Rybovich Boat Company, LLC. (Attachments: #1 Exhibit 1)(Martin, Farris)
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Filing 80
ANSWER to Intervenor Complaint ANSWER TO MEGA YACHT REFINISHING LLCS INTERVENING VERIFIED COMPLAINT by M/Y Blue Star, Shakra Holdings Limited. (Naughton, Clay)
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Filing 79
ANSWER to Intervenor Complaint ANSWER TO YACHT CHANDLERS INC.S INTERVENING VERIFIED COMPLAINT by M/Y Blue Star, Shakra Holdings Limited. (Naughton, Clay)
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Filing 78
WARRANT FOR ARREST IN REM Returned Executed as to M/Y Blue Star, a 1993 142' Keith Marine motor yacht, Cayman Is. official number 723333. (ls)
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Filing 77
Clerks Notice to Filer re #75 Certificate of Service. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#76]. It is not necessary to refile this document. (ls)
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Filing 76
WARRANT FOR ARREST IN REM Returned Executed as to M/Y Blue Star, a 1993 142' Keith Marine motor yacht, Cayman Is. official number 723333. (ls)(See Image at DE #75)
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Filing 75
CERTIFICATE OF SERVICE by Southern Cross Boatworks, Inc. re #28 Warrant In Rem Issued Returned Executed (Irwin, David)
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Set Deadlines: Mediation Hearing set for 9/30/2020 10:00 AM (ls)(per DE #74)
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Filing 74
PAPERLESS ORDER granting the #72 Joint Motion to Reschedule Mediation. The mediation conference previously scheduled for August 19, 2020 with F. David Famulari shall now take place on September 30, 2020 at 10:00 am. Signed by Judge Roy K. Altman on 8/19/2020. (kge)
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Filing 73
Clerks Notice to Filer re #72 Joint MOTION TO RESCHEDULE MEDIATION . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
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Filing 72
Joint Motion to Continue/Reschedule Mediation by Vladimir Gusinsky, M/Y Blue Star, Shakra Holdings Limited. (Attachments: #1 Text of Proposed Order)(Naughton, Clay) Modified Relief on 8/19/2020 (ls).
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Filing 71
WARRANT FOR ARREST IN REM Returned Executed as to M/YBlueStar. (scn)
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Filing 70
SUPPLEMENTAL Warrant In Rem Issued as to Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. Signed by DEPUTY CLERK on 7/28/2020. See attached document for full details. (scn)
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Filing 69
Supplemental Warrant In Rem Issued as to Yacht Chandlers, Inc. Signed by DEPUTY CLERK on 7/22/2020. See attached document for full details. (scn)
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Filing 67
Supplemental Warrant In Rem Issued as to Mega Yacht Refinishing LLC. Signed by DEPUTY CLERK on 7/22/2020. See attached document for full details. (scn)
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Filing 68
ORDER granting #64 Supplemental Motion for Issuance of Warrant in REM. Signed by Judge Roy K. Altman on 7/21/2020. See attached document for full details. (scn)
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Filing 66
ORDER granting #63 Motion for Issuance of Warrant in REM. Signed by Judge Roy K. Altman on 7/21/2020. See attached document for full details. (scn)
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Filing 65
ANSWER to Intervenor Complaint of Crew by M/Y Blue Star, Shakra Holdings Limited. (Naughton, Clay)
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Filing 64
Unopposed MOTION for Issuance of Warrant in rem by Yacht Chandlers, Inc.. (Attachments: #1 Text of Proposed Order Order Directing the Issuance of Supplemental Warrant of Arrest, #2 Warrant Proposed Supplemental Warrant for Arrest In Rem)(Perry, James)
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Filing 63
Unopposed MOTION for Issuance of Warrant in rem by Mega Yacht Refinishing LLC. (Attachments: #1 Text of Proposed Order Order Directing Issuance of Supplemental Warrant of Arrest, #2 Warrant Proposed Supplemental Warrant for Arrest In Rem)(Perry, James)
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Filing 62
Intervenor COMPLAINT , filed by Mega Yacht Refinishing LLC. (Attachments: #1 Exhibit A to Verified Complaint in Intervention)(Perry, James)
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Filing 61
ORDER Scheduling Mediation before F. David Famulari. Mediation Hearing set for 8/19/2020 10:00 AM. Signed by Judge Roy K. Altman on 7/10/2020. See attached document for full details. (ls)
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Filing 60
PAPERLESS ORDER granting #51 Motion to Intervene; granting #54 Motion to Intervene; and granting #57 Motion for Issuance of Warrant in rem. Signed by Judge Roy K. Altman on 7/10/2020. (vve)
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Filing 59
Plaintiff's NOTICE of Mediator Selection and Hearing. Selected/Added F. David Famulari as Mediator. Mediation Hearing set for 8/19/2020 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Stroup, James)
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Filing 58
Intervenor COMPLAINT , filed by Yacht Chandlers, Inc.. (Attachments: #1 Exhibit Exhibit A to Complaint in Intervention, #2 Exhibit Exhibit B to the Complaint in Intervention)(Perry, James)
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Filing 57
MOTION for Issuance of Warrant in rem by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (Attachments: #1 Text of Proposed Order, #2 Warrant)(Cooke, Adam)
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Filing 56
Intervenor COMPLAINT , filed by Michael Brittenden, Bud Morken, III, Gregor Tuvilla, Rodilin Thornburn, Frittzie Dumdum, Dan Rankin, Dave Talling, Richard Lima, Maria Tuvilla, David Thornburn, Marco Volschenk, Karen Magpantay.(Cooke, Adam)
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Filing 55
ORDER granting #54 Unopposed Motion to Intervene. Signed by Judge Roy K. Altman on 6/25/2020. See attached document for full details. (scn)
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Filing 54
Unopposed MOTION to Intervene by Mega Yacht Refinishing LLC. (Attachments: #1 Exhibit Exhibit A Complaint in Intervention, #2 Exhibit Exhibit A to the Complaint in Intervention, #3 Text of Proposed Order Proposed Order on Motion to Intervene)(Perry, James)
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Filing 53
NOTICE of Attorney Appearance by James Hubert Perry, II on behalf of Mega Yacht Refinishing LLC. Attorney James Hubert Perry, II added to party Mega Yacht Refinishing LLC(pty:intvp). (Perry, James)
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Filing 52
Order Setting Discovery Procedure. Signed by Magistrate Judge Dave Lee Brannon on 6/25/2020. See attached document for full details. (scn)
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Filing 51
MOTION to Intervene by David Thornburn, Rodilin Thornburn, Bud Morken, III, Dave Talling, Dan Rankin, Marco Volschenk, Michael Brittenden, Maria Tuvilla, Gregor Tuvilla, Karen Magpantay, Frittzie Dumdum, Richard Lima. Attorney Adam B. Cooke added to party David Thornburn(pty:intvp), Attorney Adam B. Cooke added to party Rodilin Thornburn(pty:intvp), Attorney Adam B. Cooke added to party Bud Morken, III(pty:intvp), Attorney Adam B. Cooke added to party Dave Talling(pty:intvp), Attorney Adam B. Cooke added to party Dan Rankin(pty:intvp), Attorney Adam B. Cooke added to party Marco Volschenk(pty:intvp), Attorney Adam B. Cooke added to party Michael Brittenden(pty:intvp), Attorney Adam B. Cooke added to party Maria Tuvilla(pty:intvp), Attorney Adam B. Cooke added to party Gregor Tuvilla(pty:intvp), Attorney Adam B. Cooke added to party Karen Magpantay(pty:intvp), Attorney Adam B. Cooke added to party Frittzie Dumdum(pty:intvp), Attorney Adam B. Cooke added to party Richard Lima(pty:intvp). (Attachments: #1 Exhibit 1)(Cooke, Adam)
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Filing 50
SCHEDULING ORDER: ( Jury Trial set for 7/19/2021 in Fort Lauderdale Division before Judge Roy K. Altman., Calendar Call set for 7/13/2021 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman., Amended Pleadings due by 7/27/2020., Discovery due by 3/22/2021., Expert Discovery due by 3/22/2021., Joinder of Parties due by 7/27/2020., Mediation Deadline 3/29/2021., In Limine Motions due by 5/4/2021., Motions due by 4/6/2021., Pretrial Stipulation due by 5/4/2021.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Discovery Matters. Signed by Judge Roy K. Altman on 6/24/2020. See attached document for full details. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 49
ORDER STRIKING #46 Intervenor Complaint filed by Michael Brittenden, Karen Magpantay, Bud Morken, III, Frittzie Dumdum, Marco Volschenk, David Thornburn, Richard Lima, Dan Rankin, Maria Tuvilla, Gregor Tuvilla, Rodilin Thornburn, Dave Talling; Intervenor Parties Richard Lima, M/Y Blue Star, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk, Michael Brittenden and Frittzie Dumdum terminated., Denying as Moot #47 MOTION for Issuance of Warrant in rem. Signed by Judge Roy K. Altman on 6/24/2020. See attached document for full details. (ls)
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Filing 48
Clerks Notice to Filer re: Intervenor Complaint. Party Role Not Selected. The Filer failed to select the Intervenor defendant. The correction was made. It is not necessary to re-file this document. (ls)
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Filing 47
MOTION for Issuance of Warrant in rem by Michael Brittenden, Frittzie Dumdum, Richard Lima, Karen Magpantay, Bud Morken, III, Dan Rankin, Dave Talling, David Thornburn, Rodilin Thornburn, Gregor Tuvilla, Maria Tuvilla, Marco Volschenk. (Attachments: #1 Text of Proposed Order, #2 Warrant)(Cooke, Adam)
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Filing 46
Intervenor COMPLAINT , filed by Bud Morken, III, Maria Tuvilla, Dave Talling, Frittzie Dumdum, Dan Rankin, Karen Magpantay, Gregor Tuvilla, David Thornburn, Richard Lima, Michael Brittenden, Rodilin Thornburn, Marco Volschenk.(Cooke, Adam)
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Filing 45
PAPERLESS ORDER granting #43 Unopposed Motion to Intervene. The Intervenor, Yacht Chandlers, Inc., shall file its Intervenor Complaint by June 26, 2020. Signed by Judge Roy K. Altman on 6/23/2020. (vve)
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Filing 44
Joint SCHEDULING REPORT - Rule 16.1 by Rybovich Boat Company, LLC (Martin, Farris)
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Filing 43
Unopposed MOTION to Intervene by Yacht Chandlers, Inc.. Attorney James Hubert Perry, II added to party Yacht Chandlers, Inc.(pty:intvp). (Attachments: #1 Exhibit Exhibit A Proposed Complaint in Intervention, #2 Exhibit Exhibit A to Complaint in Intervention, #3 Exhibit Exhibit B to Complaint in Intervention, #4 Text of Proposed Order Order granting Motion to Intervene)(Perry, James)
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Filing 42
Clerks Notice to Filer re #41 Notice of Attorney Appearance. Party Yacht Chandlers, Inc. Not Related to Case; CORRECTIVE ACTION REQUIRED - Filer must file a Notice of Striking, then refile the document in the appropriate case. (ls)
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Filing 41
NOTICE of Attorney Appearance by James Hubert Perry, II on behalf of Yacht Chandlers, Inc.. Attorney James Hubert Perry, II added to party Yacht Chandlers, Inc.(pty:intvp). (Perry, James)
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Filing 40
PAPERLESS ORDER granting #37 Unopposed Motion for Leave to Perform Work on Vessel. The substitute custodian, Rybovich Boat Company, may perform the repairs detailed in [37-1] Exhibit A of their Motion. Signed by Judge Roy K. Altman on 6/11/2020. (vve)
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Filing 39
Clerks Notice to Filer re #37 Unopposed MOTION for Order approving work to clean the A/C condenser coil on M/Y Blue Star . Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls)
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Filing 38
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report and Certificates of Interested Parties due by 6/18/2020. Signed by Judge Roy K. Altman on 6/8/2020. See attached document for full details. (jas)
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Filing 37
Second MOTION for Leave to Perform Work on Vessel by Rybovich Boat Company, LLC. (Attachments: #1 Exhibit A - Additional Work Authorization to Clean the A/C Condenser Coil on M/Y Blue Star)(Martin, Farris) Modified Text on 6/9/2020 (ls).
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Filing 36
PAPERLESS ORDER granting #30 Motion to Perform Work on Vessel. The substitute custodian, Rybovich Boat Company, may perform the repairs detailed in [30-1] Exhibit A of their #30 Motion. Signed by Judge Roy K. Altman on 5/14/2020. (vve)
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Filing 35
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Rybovich Boat Company, LLC identifying Other Affiliate RSBC Real Estate Company, LLLP, Ltd., Other Affiliate RSBC Delaware, LLC for Rybovich Boat Company, LLC (Martin, Farris)
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Filing 34
Defendant's Corporate Disclosure Statement by Shakra Holdings Limited (Naughton, Clay)
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Filing 33
RESPONSE to Motion re #30 MOTION for Leave to Perform Work on Vessel filed by M/Y Blue Star, Shakra Holdings Limited. Replies due by 5/18/2020. (Naughton, Clay)
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Filing 32
PAPERLESS ORDER expediting briefing re #30 Motion to Perform Repairs. Any opposition to the motion must be filed by May 11, 2020. If the Defendants do not oppose the relief requested, the Defendants shall file a notice of non-opposition by 5:00 p.m. today, May 8, 2020. Signed by Judge Roy K. Altman on 5/8/2020. (vve)
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Filing 31
Clerks Notice to Filer re #30 MOTION for Leave to Perform Repairs to M/Y Blue Star to Protect the Vessel from Inclement Weather . Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls)
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Set Deadlines as to #30 MOTION for Leave to Perform Work on Vessel . Responses due by 5/11/2020 (ls)(per DE #32)
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Filing 30
MOTION for Leave to Perform Work on Vessel by Rybovich Boat Company, LLC. Attorney Farris James Martin, III added to party Rybovich Boat Company, LLC(pty:cust). (Attachments: #1 Exhibit A - Service Proposal)(Martin, Farris) Modified Text on 5/8/2020 (ls).
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Filing 29
ANSWER to Intervenor Complaint by M/Y Blue Star, Shakra Holdings Limited. (Naughton, Clay)
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Filing 28
Supplemental Warrant In Rem Issued as to M/Y Blue Star. Signed by DEPUTY CLERK on 4/27/2020. See attached document for full details. (cbr)
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Filing 27
ORDER granting #24 Ex Parte Motion ; granting #25 Motion to Remove Scaffolding. Signed by Judge Roy K. Altman on 4/24/2020. See attached document for full details. (cbr)
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Filing 26
Rybovich Boat Company LLC's ANSWER to Intervenor Complaint and Affirmative Defenses by Rybovich Boat Company, LLC. (Martin, Farris)
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Filing 25
Unopposed MOTION to Remove Scaffolding by Southern Cross Boatworks, Inc.. (Attachments: #1 Exhibit Indemnification Agreement, #2 Text of Proposed Order)(Irwin, David) Modified Text on 04/20/2020 (ls).
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Filing 24
EX PARTE MOTION Ex Parte Application for Warrant for Arrest of Vessel in rem by Southern Cross Boatworks, Inc.. (Attachments: #1 Text of Proposed Order) (Irwin, David) Modified to unseal per DE #27 on 4/27/2020 (cbr).
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Filing 23
SERVICE (Proof) by Publication by Rybovich Boat Company, LLC. Last Publication date 4/7/2020. Claims/Positions/Written Defenses/Answers/etc., due by 5/7/2020. (Attachments: #1 Exhibit A - Affidavit of Publication)(Martin, Farris)
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Filing 22
SERVICE (Proof) by Publication by Rybovich Boat Company, LLC. Last Publication date 4/6/2020. Claims/Positions/Written Defenses/Answers/etc., due by 5/6/2020. (Attachments: #1 Exhibit A - Affidavit of Publication)(Martin, Farris)
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Filing 21
NOTICE of Attorney Appearance by Michael T. Moore on behalf of Shakra Holdings Limited. Attorney Michael T. Moore added to party Shakra Holdings Limited(pty:dft). (Moore, Michael)
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Filing 20
Intervenor COMPLAINT , filed by Southern Cross Boatworks, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Irwin, David)
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Filing 19
PAPERLESS ORDER granting #16 Unopposed Motion to Intervene. The Intervenor shall file its Intervenor Complaint no later than April 3, 2020. Signed by Judge Roy K. Altman on 3/31/2020. (vve)
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Filing 18
NOTICE by Rybovich Boat Company, LLC of filing certified copy of in rem Defendant, M/Y Blue Star's, Transcript of British Registry (Attachments: #1 Exhibit A - M/Y Blue Star's Transcript of British Registry) (Martin, Farris)
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Filing 17
ANSWER and Affirmative Defenses to Complaint by M/Y Blue Star, Shakra Holdings Limited. Attorney Clay Michael Naughton added to party M/Y Blue Star(pty:dft). (Naughton, Clay)
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Filing 16
Unopposed MOTION to Intervene by Southern Cross Boatworks, Inc.. Attorney David Edward Irwin added to party Southern Cross Boatworks, Inc.(pty:dft). (Attachments: #1 Exhibit, #2 Exhibit Ex A to Complaint, #3 Exhibit Ex B to Complaint, #4 Exhibit Ex C to Complaint, #5 Text of Proposed Order Proposed Order)(Irwin, David)
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Filing 15
CLAIM Verified Claim of Owner by Vladimir Gusinsky, Shakra Holdings Limited. (Attachments: #1 Exhibit Verification)(Naughton, Clay)
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Filing 14
Summons Issued as to Vladimir Gusinsky. (ls)
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Filing 13
NOTICE of Filing Proposed Summons(es) to Defendant Vladimir Gusinsky a/k/a Vladimir Gusinski by Rybovich Boat Company, LLC (Attachments: #1 Summon(s)) (Martin, Farris)
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Filing 12
Clerks Notice of Docket Correction re #11 Warrant for Arrest In Rem Returned. Document Not Attached to Original Entry; The document has been attached to this notice. (ls)
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Filing 11
WARRANT FOR ARREST IN REM Returned Executed as to M/Y Blue Star, a 1993 model, 37.12 meter Keith motor yacht having Cayman Islands Official No. 723333. (ls) (ls).
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Filing 10
Warrant In Rem Issued as to M/Y Blue Star. Signed by DEPUTY CLERK on 2/4/2020. See attached document for full details. (ls)
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Filing 9
ORDER granting #7 Motion for Issuance of Warrant in rem. Signed by Judge Roy K. Altman on 2/3/2020. See attached document for full details. (ls)
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Filing 8
ORDER granting #4 Motion to Appoint Custodian, Rybovich Boat Company, LLC appointed. Signed by Judge Roy K. Altman on 2/3/2020. See attached document for full details. (ls)
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Filing 7
Plaintiff's MOTION for Issuance of Warrant in rem for in rem Defendant, M/Y Blue Star, by Rybovich Boat Company, LLC. (Attachments: #1 Text of Proposed Order - directing Clerk to issue Warrant of Arrest In Rem, #2 Warrant of Arrest In Rem for M/Y Blue Star)(Martin, Farris)
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Filing 6
AFFIDAVIT of Substitute Custodian signed by: Timothy W. Sargent, II as Corporate Representative for Rybovich Boat Company, LLC re #4 Plaintiff's MOTION to Appoint Rybovich Boat Company, LLC as Custodian for in rem Defendant, M/Y Blue Star, by Rybovich Boat Company, LLC (Martin, Farris)
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Filing 5
Consent and Indemnification Agreement by Rybovich Boat Company, LLC (Martin, Farris)
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Filing 4
Plaintiff's MOTION to Appoint Rybovich Boat Company, LLC as Custodian for in rem Defendant, M/Y Blue Star, by Rybovich Boat Company, LLC. Responses due by 2/14/2020 (Attachments: #1 Text of Proposed Order - Appointing Substitute Custodian)(Martin, Farris)
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Filing 3
Clerks Notice to Filer re: Electronic Case. Parties Improperly Formatted. The Filer failed to enter the party names in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pes)
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Filing 2
Clerks Notice of Judge Assignment to Judge Roy K. Altman 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. (pes)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number BFLSDC-12367823, filed by Rybovich Boat Company, LLC. (Attachments: #1 Exhibit 1 - Certificate of British Registry, #2 Exhibit 2 - Dockage Agreement, #3 Exhibit 3 - Work Order 47609, #4 Exhibit 4 - AWA-3, #5 Exhibit 5 - AWA-4, #6 Exhibit 6 - AWA-7, #7 Exhibit 7 - AWA-6, #8 Exhibit 8 - AWA-9, #9 Exhibit 9 - AWA-10, #10 Exhibit 10 - AWA-11, #11 Exhibit 11 - Invoices, #12 Exhibit 12 - Owner Statement, #13 Exhibit 13 - Emails, #14 Civil Cover Sheet)(Martin, Farris)
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