Apex Bank v. Phyllis Sea MV
Plaintiff: Apex Bank
Defendant: Phyllis Sea MV, T.Will and T. Will
Petitioner: Rigolet's Marina Inc and Gary C. Landrieu
Case Number: 2:2019cv13744
Filed: November 21, 2019
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Karen Wells Roby
Referring Judge: Jay C Zainey
Nature of Suit: Contract: Marine
Cause of Action: 46 U.S.C. ยง 31321
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2020 Opinion or Order Filing 25 ORDER granting #24 Motion for Entry of Default. Signed by Clerk. (jrc)
January 3, 2020 Filing 24 EXPARTE/CONSENT MOTION for Entry of Default as to all parties with an interest in MV Phyllis Sea by Apex Bank. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B)(Scullin, Stephen) (Additional attachment(s) added on 1/6/2020: #4 Proposed Order) (ajn).
December 18, 2019 Opinion or Order Filing 23 ORDER AND REASONS denying #10 Motion for Administrative Closure Pending Related State Court Litigation. Signed by Judge Jay C. Zainey on 12/18/19. (ko)
December 16, 2019 Filing 22 Correction of Docket Entry by Clerk re #21 Summons Issued. ***DOCUMENT HAS BEEN STRICKEN*** (ajn)
December 13, 2019 Filing 21 ***STRICKEN*** Summons Issued as to Gary C. Landrieu. (ajn) Modified on 12/16/2019 (ajn).
December 12, 2019 Filing 20 ***DEFICIENT*** Request of Summons Issued as to Gary C. Landrieu filed by Apex Bank re #1 Complaint,. (Scullin, Stephen) Modified on 12/16/2019 (ajn).
December 11, 2019 Filing 18 SUR-REPLY filed by Apex Bank, in Opposition of #10 First MOTION Stay pending State Court Proceedings. (Attachments: #1 Exhibit A)(ajn)
December 11, 2019 Opinion or Order Filing 17 ORDER Granting #14 Motion for Leave to File Sur-Reply. Signed by Judge Jay C. Zainey on 12/11/2019. (ajn)
December 11, 2019 Filing 16 REPLY to Response to Motion filed by Gary C. Landrieu, Phyllis Sea MV, Rigolet's Marina Inc re #10 First MOTION Stay pending State Ct proceedings. (ajn)
December 11, 2019 Opinion or Order Filing 15 ORDER Granting #13 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 12/11/2019. (ajn)
December 10, 2019 Filing 19 WARRANT Returned Executed as to Phyllis Sea M/V on 11/23/2019. (ajn)
December 10, 2019 Filing 14 EXPARTE/CONSENT MOTION for Leave to File Sur-Repy by Apex Bank. (Attachments: #1 Certificate of No Opposition, #2 Proposed Order, #3 Proposed Pleading Sur-Reply, #4 Exhibit A to Sur-Reply)(Scullin, Stephen) (Attachment 4 replaced on 12/11/2019) (ajn).
December 10, 2019 Filing 13 EXPARTE/CONSENT Consent MOTION for Leave to File Reply Memo by Gary C. Landrieu, Phyllis Sea MV, Rigolet's Marina Inc. (Attachments: #1 Memorandum in Support, #2 Statement, #3 Proposed Order, #4 Proposed Pleading, #5 Affidavit)Attorney Justin Asher Zitler added to party Gary C. Landrieu(pty:dft).(Zitler, Justin)
December 6, 2019 Filing 12 ***DEFICIENT** REPLY to Response to Motion filed by Gary C. Landrieu re #10 First MOTION Stay pending State Ct proceedings CDC 18-11914 "M" Apex Bank v Rigolet's Marina IncFirst MOTION for Order to Show Cause for Admin. Closure . (Attachments: #1 Exhibit Affidavit)(Zitler, Justin) Modified on 12/9/2019 (ajn).
December 3, 2019 Filing 11 RESPONSE/MEMORANDUM in Opposition filed by Apex Bank re #10 First MOTION Stay pending State Ct proceedings CDC 18-11914 "M" Apex Bank v Rigolet's Marina IncFirst MOTION for Order to Show Cause for Admin. Closure . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Scullin, Stephen)
November 26, 2019 Filing 10 First MOTION Stay pending State Ct proceedings CDC 18-11914 "M" Apex Bank v Rigolet's Marina Inc, First MOTION for Order to Show Cause for Admin. Closure by Phyllis Sea MV, Rigolet's Marina Inc. Motion(s) will be submitted on 12/11/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order, #8 Notice of Submission)Attorney Justin Asher Zitler added to party Phyllis Sea MV(pty:dft), Attorney Justin Asher Zitler added to party Rigolet's Marina Inc(pty:mov).(Zitler, Justin)
November 26, 2019 Opinion or Order Filing 9 ORDER Granting #8 Motion for Service by Publication. IT IS ORDERED that the notice of the commencement of the above numbered and entitled action be published in the form set forth below once a week for two (2) successive weeks in The Times-Picayune / The New Orleans Advocate, which said publication shall constitute notice to any and all persons, firms, or entitled, including any as described in 46 U.S.C. 31325(d). Signed by Judge Jay C. Zainey on 11/26/2019. (Attachments: #1 Exhibit A - Notice) (ajn)
November 25, 2019 Filing 8 EXPARTE/CONSENT MOTION for Publication of Notice by Apex Bank. (Attachments: #1 Proposed Publication, #2 Proposed Order)(Scullin, Stephen) Modified text on 11/26/2019 (am).
November 21, 2019 Opinion or Order Filing 7 ORDER granting #3 Motion to Appoint/Substitute Custodian. Signed by Judge Eldon E. Fallon on 11/21/2019. (3 cc USM)(clw)
November 21, 2019 Filing 6 WARRANT of Arrest issued. (3 cc USM) (clw)
November 21, 2019 Opinion or Order Filing 5 ORDER granting #2 Motion for Issuance of Warrant in rem. Signed by Judge Eldon E. Fallon on 11/21/2019. (3 cc USM) (clw)
November 21, 2019 Filing 4 Initial Case Assignment to Judge Jay C. Zainey and Magistrate Judge Karen Wells Roby. (ess)
November 21, 2019 Filing 3 EXPARTE/CONSENT MOTION to Appoint/Substitute Custodian by Apex Bank. (Attachments: #1 Proposed Order, #2 Affidavit Declaration, #3 Exhibit Rate Sheet)(Scullin, Stephen)
November 21, 2019 Filing 2 EXPARTE/CONSENT MOTION for Issuance of Warrant of Arrest in rem of Phyllis Sea a/k/a T.Will by Apex Bank. (Attachments: #1 Proposed Order)(Scullin, Stephen)
November 21, 2019 Filing 1 COMPLAINT against Phyllis Sea a/k/a T.Will (vessel) (Filing fee $ 400 receipt number ALAEDC-7986667) filed by Apex Bank. (Attachments: #1 Affidavit Verification, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Civil Cover Sheet)Attorney Stephen P. Scullin added to party Apex Bank(pty:pla).(Scullin, Stephen)

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Defendant: Phyllis Sea MV
Represented By: Justin Asher Zitler
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Defendant: T.Will
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Defendant: T. Will
Represented By: Justin Asher Zitler
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Plaintiff: Apex Bank
Represented By: David F. Waguespack
Represented By: John Patrick Gaffney
Represented By: Stephen P. Scullin
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Petitioner: Rigolet's Marina Inc
Represented By: Justin Asher Zitler
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Petitioner: Gary C. Landrieu
Represented By: Justin Asher Zitler
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