American River Transportation Co., LLC v. Orient Rise M/V
| American River Transportation Co., LLC, American River Transportation Company, LLC and American River Transportation Company, LLC doing business as Artco Stevedoring |
| Orient Rise M/V and Orient Rise MV |
| Grace Way Shipping Ltd., Tongli Shipping Pte Ltd and Lucky Rise Pacific Ltd |
| Crescent Towing & Salvage Co., Inc. and Tug MISSISSIPPI |
| Agri Port Services, LLC |
| 2:2019cv02673 |
| March 21, 2019 |
| US District Court for the Eastern District of Louisiana |
| Nannette Jolivette Brown |
| Dana Douglas |
| Marine |
| 46 U.S.C. § 31342 |
| None |
Docket Report
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Filing 46
ORDER granting #45 MOTION to Continue Scheduling Conference until issue is joined. Signed by Clerk.(jrc)
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| Filing 45 EXPARTE/CONSENT MOTION to Continue Scheduling Conference by Grace Way Shipping Ltd., Lucky Rise Pacific Ltd, Tongli Shipping Pte Ltd. (Attachments: #1 Proposed Order)(de Klerk, Andrew) |
| Filing 44 **DEFICIENT** EXPARTE/CONSENT MOTION to Continue Scheduling Conference by Grace Way Shipping Ltd., Lucky Rise Pacific Ltd, Tongli Shipping Pte Ltd. (de Klerk, Andrew) Modified on 6/26/2019 (mmv). |
| Filing 43 Summons Issued as to Crescent Towing & Salvage Co., Inc. (mmv) |
| Filing 42 THIRD PARTY COMPLAINT against Crescent Towing & Salvage Co., Inc., Tug MISSISSIPPI filed by Grace Way Shipping Ltd., Tongli Shipping Pte Ltd, Lucky Rise Pacific Ltd. (Attachments: #1 Summons as to Crescent Towing & Salvage Co., Inc.)(O'Leary, T.) |
| Filing 41 NOTICE of Hearing. Scheduling Conference set for 6/27/2019 2:15 PM before case manager by telephone. By Clerk. (jrc) |
| Filing 40 ANSWER to #21 Intervenor Complaint of Agri Port Services, CROSSCLAIM against American River Transportation Company, LLC by Tongli Shipping Pte Ltd, Lucky Rise Pacific Ltd, Grace Way Shipping Ltd. (O'Leary, T.) Modified text on 6/3/2019 (mmv). |
| Filing 39 ANSWER to #1 Complaint, #13 First Amended Complaint, #36 Second Amended Complaint, COUNTERCLAIM against American River Transportation Company, LLC by Lucky Rise Pacific Ltd, Grace Way Shipping Ltd., Tongli Shipping Pte Ltd.(O'Leary, T.) Modified text on 6/3/2019 (mmv). |
| Filing 38 Verified Statement of Interest by Lucky Rise Pacific Ltd, Tongli Shipping Pte Ltd. (Attachments: #1 Verification) Attorney T. Patrick O'Leary added to party Lucky Rise Pacific Ltd(pty:clm), Attorney T. Patrick O'Leary added to party Tongli Shipping Pte Ltd(pty:clm).(O'Leary, T.) Modified text on 6/3/2019 (mmv). |
| Filing 36 SECOND AMENDED COMPLAINT against Orient Rise MV filed by American River Transportation Company, LLC.(jrc) |
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Filing 35
ORDER granting #31 Motion for Leave to File second amended complaint. Signed by Chief Judge Nannette Jolivette Brown. (jrc)
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Filing 34
ORDER granting in part and denying in part #24 Motion to set substitute security. Signed by Chief Judge Nannette Jolivette Brown. (jrc)
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| Filing 33 RESPONSE/MEMORANDUM in Opposition filed by Agri Port Services, LLC, American River Transportation Company, LLC re #24 Emergency MOTION to Set Substitute Security to Obtain Release of Vessel under Supplemental Rule E(5)(a) . (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit A7, #8 Exhibit A8, #9 Exhibit A9, #10 Exhibit A10, #11 Exhibit A11, #12 Exhibit A12, #13 Exhibit A13, #14 Exhibit A14)(Flotte, David) |
| Filing 32 Supplemental Memorandum filed by Grace Way Shipping Ltd., in in Support of #24 Emergency MOTION to Set Substitute Security to Obtain Release of Vessel under Supplemental Rule E(5)(a) . (Attachments: #1 Exhibit 8-11)(O'Leary, T.) |
| Filing 31 EXPARTE/CONSENT MOTION for Leave to File Second Supplemental and Amended Complaint by American River Transportation Company, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Verification, #4 Proposed Order)(Flotte, David) |
| Filing 30 Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Motion Hearing held on 4/5/2019 re #24 Emergency Motion to Set substitute Security to Obtain Vessel Under Supplemental Rule E(5)(a) filed by defendant. Oppositions to be filed on April 5, 2019 by 3:00 p.m. Matter taken under advisement. (Court Reporter Toni Tusa.) (mmv) |
| Filing 29 EXPARTE/CONSENT MOTION for Leave to File Second Supplemental and Amended Complaint by American River Transportation Company, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Proposed Order)(Flotte, David) |
| Filing 28 WARRANT of Arrest of Vessel issued. (mmv) (3cc: USM) |
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Filing 27
ORDER GRANTING #22 Motion for Issuance of Warrant in rem. Signed by Chief Judge Nannette Jolivette Brown on 4/5/2019. (mmv) (3cc: USM)
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Filing 26
ORDER: IT IS HEREBY ORDERED that the #25 ex parte motion for expedited hearing of Grace Way Shipping Ltd. ("Grace Way") is GRANTED. The hearing on Grace Way's #24 Emergency Motion to Set Security Pursuant to Supplemental Rule E(5)(a) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure is set for submission with oral argument on April 5, 2019 at 11:00 a.m. Any memorandum in opposition to Grace Way's motion shall be filed by April 5, 2019 at 10:30 a.m. Signed by Chief Judge Nannette Jolivette Brown on 4/5/2019.(mmv)
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| Filing 25 EXPARTE/CONSENT MOTION to Expedite Hearing on Motion to Set Substitute Security by Grace Way Shipping Ltd.. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(O'Leary, T.) |
| Filing 24 Emergency MOTION to Set Substitute Security to Obtain Release of Vessel under Supplemental Rule E(5)(a) by Grace Way Shipping Ltd.. Motion(s) will be submitted on 4/24/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit 1-7, #3 Notice of Submission, #4 Proposed Order)(O'Leary, T.) |
| Filing 23 CLAIM of Owner of in rem Defendant Vessel by Grace Way Shipping Ltd.. (Attachments: #1 Verification)Attorney T. Patrick O'Leary added to party Grace Way Shipping Ltd.(pty:ip).(O'Leary, T.) |
| Filing 22 EXPARTE/CONSENT MOTION for Issuance of Warrant of Arrest in rem of M/V Orient Rise, her engines, tackle, apparel, appurtenances, etc. by Agri Port Services, LLC. (Attachments: #1 Proposed Order)(Frey, Kevin) Modified text on 4/5/2019 (mmv). |
| Filing 37 Return of Service of Warrant of Vessel Arrest served on Orient Rise MV on 3/22/19.(mmv) |
| Filing 21 Intervenor COMPLAINT filed by Agri Port Services, LLC.(mmv) (Additional attachment(s) added on 4/5/2019: #1 Affidavit) (mmv). |
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Filing 20
ORDER: IT IS HEREBY ORDERED that the #19 motion is GRANTED. Agri Port Services is allowed to intervene in the matter. Signed by Chief Judge Nannette Jolivette Brown on 4/3/2019. (mmv)
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| Filing 19 EXPARTE/CONSENT MOTION for Leave to File Intervention by Agri Port Services, LLC. (Attachments: #1 Proposed Pleading- Complaint in Intervention, #2 Affidavit, #3 Proposed Order) Attorney Kevin M. Frey added to party Agri Port Services, LLC(pty:mov).(Frey, Kevin) Modified text on 4/2/2019 (mmv). |
| Filing 18 Minute Entry - This Court's Minute Entry dated March 28, 2019 [Doc. #17] is VACATED and the following substituted in its place, with only the addition of the footnote. Regarding 14 MOTION For Miscellaneous Discovery Relief Regarding The Attendance Of Other Interested Parties At Crew Depositions. IT IS ORDERED that the Motion for Miscellaneous Discovery Relief Regarding the Attendance of Other Interested Parties at Crew Depositions [Doc. #14] is GRANTED. "Under Federal Rule of Civil Procedure 26(c)(5), a court may designate who is allowed to attend a deposition where good cause is shown." James v. Roberts, 163 F.R.D. 260, 261 (S.D. Ohio 1995). Under Rule 26(c)(5), this Court finds that good cause exists to allow one representative from ADM Intermare and one representative from Archer Daniels Midland Company to be present at the crew depositions on Friday, March 29, 2019 onboard the Orient Rise M/V. IT IS FURTHER ORDERED that the motion to expedite [Doc. #15] is DISMISSED AS MOOT. (cg) |
| Filing 17 VACATED: Minute Order regarding #14 MOTION For Miscellaneous Discovery Relief Regarding The Attendance Of Other Interested Parties At Crew Depositions. IT IS ORDERED that the Motion for Miscellaneous Discovery Relief Regarding the Attendance of Other Interested Parties at Crew Depositions [Doc. #14] is GRANTED. "Under Federal Rule of Civil Procedure 26(c)(5), a court may designate who is allowed to attend a deposition where good cause is shown." James v. Roberts, 163 F.R.D. 260, 261 (S.D. Ohio 1995). Under Rule 26(c)(5), this Court finds that good cause exists to allow one representative from ADM Intermare and one representative from Archer Daniels Midland Company to be present at the crew depositions on Friday, March 29, 2019 onboard the Orient Rise M/V. IT IS FURTHER ORDERED that the motion to expedite [Doc. #15] is DISMISSED AS MOOT. (cg) Modified on 3/29/2019 (cg). |
| Filing 16 Correction of Docket Entry by Clerk re #14 MOTION For Miscellaneous Discovery Relief Regarding The Attendance Of Other Interested Parties At Crew Depositions. **Attachments 3 & 4 were not included in the original filing. Attachments were subsequently provided to Clerk and have now been attached to the motion.** (mm) |
| Filing 15 EXPARTE/CONSENT MOTION to Expedite Hearing on Rec. Doc. 14 by American River Transportation Company, LLC. Motion(s) referred to Dana Douglas. (Attachments: #1 Proposed Order)(Frey, Kevin) |
| Filing 14 MOTION For Miscellaneous Discovery Relief Regarding The Attendance Of Other Interested Parties At Crew Depositions by American River Transportation Company, LLC. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 4/17/2019. (Attachments: #1 Notice of Submission, #2 Proposed Order)(Frey, Kevin) (Additional attachment(s) added on 3/28/2019: #3 Exhibit 1, #4 Exhibit 2) (mm). |
| Filing 13 First AMENDED COMPLAINT against Orient Rise MV filed by American River Transportation Company, LLC. (Attachments: #1 Verification)(Flotte, David) |
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Filing 12
ORDER: IT IS HEREBY ORDERED that the #5 Motion to Expedited Discovery is DENIED AS MOOT. IT IS FURTHER ORDERED that the hearing on said motion scheduled for Monday, March 25, 2019 at 2:00 P.M. is cancelled.Signed by Chief Judge Nannette Jolivette Brown on 3/25/2019. (mm)
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Filing 11
ORDER granting #6 Motion to Appoint/Substitute Custodian. Signed by Chief Judge Nannette Jolivette Brown on 3/21/2019. (mm) (3 cc USM)
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Filing 10
ORDER: IT IS HEREBY ORDERED that the #5 Motion to Expedite Discovery is set for hearing on Monday, March 25, 2019 at 2:00 P.M. Any opposition to the motion must be filed by March 25, 2019 at 12:00 P.M. Signed by Chief Judge Nannette Jolivette Brown on 3/21/2019.(mm)
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Filing 9
ORDER granting #3 Motion to Permit Vessel Movement and Cargo Operations Within the District. Signed by Chief Judge Nannette Jolivette Brown on 3/21/2019. (mm) (3 cc USM)
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| Filing 8 WARRANT of Vessel Arrest issued. (mm) (3 cc USM) |
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Filing 7
ORDER granting #2 Motion for Issuance of Warrant in rem. Signed by Chief Judge Nannette Jolivette Brown on 3/21/2019. (mm) (3c USM)
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| Filing 6 EXPARTE/CONSENT MOTION to Appoint/Substitute Custodian by American River Transportation Co., LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Frey, Kevin) |
| Filing 5 EXPARTE/CONSENT MOTION to Expedite Discovery by American River Transportation Co., LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit). (Frey, Kevin) |
| Filing 4 Initial Case Assignment to Chief Judge Nannette Jolivette Brown and Magistrate Judge Dana Douglas. (ess) |
| Filing 3 EXPARTE/CONSENT MOTION to Permit Vessel Movement and Cargo Operations Within the District by American River Transportation Co., LLC . (Attachments: #1 Proposed Order)(Frey, Kevin) |
| Filing 2 EXPARTE/CONSENT MOTION Authorizing Issuance of Process and Maritime Arrest by American River Transportation Co., LLC . (Attachments: #1 Proposed Order)(Frey, Kevin) Modified text on 3/21/2019 (mm). |
| Filing 1 COMPLAINT against Orient Rise M/V (Filing fee $ 400 receipt number 053L-7494230) filed by American River Transportation Co., LLC . (Attachments: #1 Verification, #2 Civil Cover Sheet) Attorney Kevin M. Frey added to party American River Transportation Co., LLC (pty:pla).(Frey, Kevin) |
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