Osage Marine Services Inc. v. Capt. Elmer et al
| Osage Marine Services Inc. |
| CAPT. ELMER, Gibbons Marine Inc and Capt.Elmer |
| 3:2020cv03264 |
| October 6, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Contract: Marine |
| None |
Docket Report
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This docket was last retrieved on November 10, 2020. A more recent docket listing may be available from PACER.
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TEXT ORDER: Pursuant to the Court's Order of November 3, 2020 #20 , the Parties' Joint Motion for Order Regarding Release of Vessel #18 is GRANTED.. Entered by Judge Sue E. Myerscough on 11/10/2020. (ME, ilcd)
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TEXT ORDER: Before the Court is Defendant Gibbons Marine Inc.'s Motion to Withdraw Motion for Extension of Time to Take Delivery of the Vessel Capt. Elmer (d/e #22 ). The Defendant's Motion #22 is ALLOWED. Defendant's Motion for Extension of Time (d/e #21 ) is WITHDRAWN. The Clerk is DIRECTED to strike d/e #21 . Entered by Judge Sue E. Myerscough on 11/10/2020. (ME, ilcd)
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| Filing 22 MOTION to Withdraw Motion for Extension of Time to Take Delivery of the Vessel CAPT. ELMER by Defendant Gibbons Marine Inc. Responses due by 11/23/2020 (Yow, H) |
| Filing 21 WITHDRAWN / STRUCK MOTION by Defendant Gibbons Marine Inc. Responses due by 11/19/2020 (Yow, H) Modified on 11/10/2020 (ME, ilcd). |
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Filing 20
ORDER: Upon consideration of the parties' Joint Motion for Release of the vessel CAPT. ELMER (d/e #18 ), it is hereby Ordered that: As financial security for Plaintiff's claims, Defendants' counsel Mr. Allen Yow and his firm Rammelkamp Bradney, P.C. have agreed to hold a $25,000 cash payment from Defendants in their firm's trust account. This cash payment will be deposited in the trust account prior to release of the vessel. Such financial security will be maintained, in full, by Mr. Yow and his firm in their trust account until further order of the Court or until the parties reach a written agreement regarding its distribution; 2) Not later than November 6, 2020, and after the $25,000 cash payment has been deposited into the trust account, Defendant Gibbons Marine, Inc. shall take delivery of the CAPT. ELMER from Plaintiff Osage Marine Services, Inc. at CGB's facility in Naples, Illinois, at which time the vessel is released from arrest and Plaintiff's obligations as a temporary custodian of the vessel shall hereby cease; 3) If Defendant Gibbons Marine, Inc. fails either to make the $25,000 cash payment into the trust account prior to November 6 or to take delivery of the CAPT. ELMER by November 6, the vessels arrest will remain in place until further Order of the Court; 4) Defendant Gibbons Marine, Inc. shall arrange and pay for fueling the vessel prior to taking delivery of it. Plaintiff will provide access to the vessel, reasonable assistance to fuel the vessel (upon reasonable notice), the Certificate of Documentation for the vessel, at least two mooring lines, a fuel measuring stick, life jackets, and a pilot's chair in connection with Gibbons Marines removal of its vessel from CGBs facility at Naples; and 5) The parties will seek to resolve their remaining disputes and will provide a status report to the Court within thirty (30) days. See written Order. Entered by Judge Sue E. Myerscough on 11/03/2020. (SKN, ilcd)
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TEXT ORDER: Before the Court is the parties' Joint Motion for Order Regarding Release of Vessel (d/e #18 ). In light of the parties' having reached a resolution of the disputed issues in this matter, the Court hereby STRIKES its previously-filed order of November 2, 2020 (d/e #19 ), and will shortly issue a new order reflecting the agreement between the parties. Entered by Judge Sue E. Myerscough on 11/03/2020. (SKN, ilcd)
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Filing 19
STRICKEN ORDER: Defendants shall file a bond with the Court pursuant to Rule E(5) of the Supplemental Rules for Admiralty or Maritime Claims as soon as reasonably possible, and not more than 15 days from the date of this Order, in an amount sufficient to pay for the mooring and insurance for the vessel CAPT. ELMER at a rate of $125 per day for the time period in question, from September 1, 2020 until the date that such security is filed, plus interest and costs; and within 24 hours of the bond being filed with the Court, Defendants Gibbons Marine, Inc. shall take delivery of the CAPT. ELMER from Plaintiff Osage Marine Services, Inc., at which time Plaintiff's obligations as a temporary custodian of the vessel shall cease; and if Defendant Gibbons Marine, Inc. fails to file a bond within 15 days of this Order or fails to take delivery of the CAPT. ELMER within 24 hours of such bond being filed, the vessel's arrest will remain in place until further Order of the Court. See written Order. Entered by Judge Sue E. Myerscough on 11/02/2020. (SKN, ilcd) Modified on 11/3/2020 to show Order as Stricken per Text Order entered on 11/3/2020 (SKN, ilcd).
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| Filing 18 Joint MOTION for Order releasing motor vessel CAPT ELMER from arrest by Plaintiff Osage Marine Services Inc.. Responses due by 11/16/2020 (Attachments: #1 Text of Proposed Order)(Settergren, Neal) |
| Filing 17 REPLY to Response to Motion re #12 MOTION for Hearing re #7 Order on Motion for Miscellaneous Relief,,, #1 Complaint, #6 Order on Motion for Miscellaneous Relief,,, filed by Defendant Gibbons Marine Inc. (Yow, H) |
| Filing 16 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Capt.Elmer, Gibbons Marine Inc. (Yow, H) |
| Filing 15 NOTICE re #11 Answer to Complaint, #1 Complaint, #12 MOTION for Hearing re #7 Order on Motion for Miscellaneous Relief,,, #1 Complaint, #6 Order on Motion for Miscellaneous Relief,,, , #8 Warrant / Writ of Body Attachment Issued (Attachments: #1 Appendix Certificate of Documentation)(Yow, H) |
| Filing 14 NOTICE OF ARREST issued. (SKN, ilcd) |
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TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Motion for Order of Publication #9 (Motion) is ALLOWED. The Clerk is directed to execute the Notice of Arrest attached to the Motion and return the executed Notice of Arrest to the Plaintiff. Plaintiff is authorized to publish the executed Notice of Arrest in the State Journal-Register, published in Springfield, Illinois, in accordance with the requirements of Supplemental Rule C(4). Entered by Magistrate Judge Tom Schanzle-Haskins on 10/28/2020. (SKN, ilcd)
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TEXT ORDER: Before the Court is Defendant Gibbons Marine Inc.'s Motion for Release from Arrest and Request for a Hearing #12 . Plaintiff has submitted a Response to Defendant's motion #13 . Defendant Gibbon Marine Inc. is DIRECTED to file by Thursday, October 29, 2020 a Reply stating whether Defendant agrees with Plaintiff that a hearing is unnecessary in this matter and that an Order resembling the Proposed Order attached to Plaintiff's Response #13 should be entered by this Court. Entered by Judge Sue E. Myerscough on 10/28/2020. (SKN, ilcd)
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| Filing 13 RESPONSE to Motion re #12 MOTION for Hearing re #7 Order on Motion for Miscellaneous Relief,,, #1 Complaint, #6 Order on Motion for Miscellaneous Relief,,, filed by Plaintiff Osage Marine Services Inc.. (Attachments: #1 Text of Proposed Order)(Settergren, Neal) |
| Filing 12 MOTION for Hearing re #7 Order on Motion for Miscellaneous Relief,,, #1 Complaint, #6 Order on Motion for Miscellaneous Relief,,, by Defendants Capt.Elmer, Gibbons Marine Inc. Responses due by 11/10/2020 (Attachments: #1 Appendix Certificate of Documentation)(Yow, H) |
| Filing 11 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Capt.Elmer, Gibbons Marine Inc. (Attachments: #1 Appendix Lease Agreement, #2 Appendix Assignment of Charter)(Yow, H) |
| Filing 10 NOTICE of Appearance of Attorney by H Allen Yow on behalf of All Defendants (Yow, H) |
| Filing 9 MOTION for Order of Publication by Plaintiff Osage Marine Services Inc.. Responses due by 11/5/2020 (Attachments: #1 Exhibit Proposed Notice)(Settergren, Neal) |
| Filing 8 +++ WARRANT FOR THE ARREST OF THE VESSEL CAPT. ELMER issued. (SKN, ilcd) |
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Filing 7
ORDER: Plaintiff's Motion for Appointment of Substitute Custodian #2 is GRANTED. Osage Marine Services, Inc. is hereby appointed the substitute custodian of the vessel CAPT. ELMER to retain the same in their custody for possession and safekeeping. Osage Marine Services, Inc. shall retain the vessel CAPT. ELMER in their custody, possession, and safekeeping until further order of this Court. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 10/7/2020. (SKN, ilcd)
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Filing 6
ORDER: Plaintiff's Motion for Order Directing the Arrest of the Vessel CAPT. ELMER (d/e #3 ) is GRANTED. The Clerk is DIRECTED to issue the Warrant of Arrest (d/e [3-1]). A copy of this Order shall be attached to and served with said Warrant of Arrest. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 10/7/2020. (SKN, ilcd)
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| Filing 5 Summons Issued as to Gibbons Marine Inc. and returned to Plaintiff's Counsel to effectuate service. (SKN, ilcd) |
| Filing 4 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Osage Marine Services Inc.. (Settergren, Neal) |
| Filing 3 MOTION for Order Directing the Arrest of the Vessel CAPT. ELMER by Plaintiff Osage Marine Services Inc.. Responses due by 10/20/2020 (Attachments: #1 Exhibit - Warrant for the Arrest of the Vessel CAPT. ELMER)(Settergren, Neal) |
| Filing 2 MOTION for Appointment of Substitute Custodian by Plaintiff Osage Marine Services Inc.. Responses due by 10/20/2020 (Settergren, Neal) |
| Filing 1 COMPLAINT against CAPT. ELMER, Gibbons Marine Inc ( Filing fee $ 400 receipt number 0753-3491149.), filed by Osage Marine Services Inc.. (Attachments: #1 Civil Cover Sheet)(Settergren, Neal) |
| Judge Sue E. Myerscough and Magistrate Judge Tom Schanzle-Haskins assigned to this case and added to the docket. (SKN, ilcd) |
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