Synergy Bank v. Capt. T.W. Boudreaux M/V
| Synergy Bank |
| Capt. T.W. Boudreaux M/V |
| Danny Neal, Dexter Neal, Paul Champagne and Michael Rutledge |
| GPS Marine, LLC and T.W. Boudreaux M/V |
| 2:2020cv01066 |
| March 31, 2020 |
| US District Court for the Eastern District of Louisiana |
| Lance M Africk |
| Janis van Meerveld |
| Marine |
| 46 U.S.C. § 31325 |
| None |
Docket Report
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This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.
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Filing 47
ORDER CONFIRMING SALE: IT IS HEREBY ORDERED that the sale of the M/V Capt. T.W. Boudreaux, Official Number 521655, to Synergy Bank, 1036 W. Tunnel Blvd, Houma, Louisiana 70360, is hereby confirmed and that the United States Marshal is directed to issue a Marshal's Bill of Sale to Synergy Bank transferring said vessel free and clear of all liens and encumbrances. IT IS FURTHER ORDERED that the United States Coast Guard be and it is hereby directed to cancel and erase from its records any and all mortgages, claims, liens, or encumbrances that may be recorded against the M/V Capt. T.W. Boudreaux, Official Number 521655. Signed by Judge Lance M Africk on October 22, 2020. (3cc: USM) (mp)
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Filing 46
EXPARTE/CONSENT MOTION Confirm Sale of M/V Capt. T.W. Boudreaux by Synergy Bank. (Attachments: #1 Proposed Order, #2 Affidavit of Sale Publication)(Magee, Todd) Modified text on 10/21/2020 (mp).
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Filing 44
ORDER DISMISSING CASE: IT IS ORDERED that the above-captioned case is DISMISSED. IT IS FURTHER ORDERED that the intervenor plaintiffs #39 motion for default judgment is DISMISSED AS MOOT. Signed by Judge Lance M Africk on October 19, 2020.(mp)
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Filing 43
Return of Sale by U.S. Marshal of M/V Capt T.W. Boudreaux sold on October 13, 2020 in the amount of $ 350,000 to Synergy Bank c/o Todd Magee. (mp)
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Filing 42
Minute Order for proceedings held before Judge Lance M Africk: Telephonic Status Conference held on 10/13/2020. IT IS ORDERED that counsel for the intervenor plaintiffs shall notify the Court of the intervenor plaintiffs' intentions regarding the motion for default judgment as to GPS Marine, LLC by THURSDAY, OCTOBER 15, 2020 at NOON. Signed by Judge Lance M Africk. (mp)
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Filing 41
ORDER granting #37 Motion to credit bid; dismissing #40 Motion to Continue the sale of the vessel is dismissed as moot. Signed by Judge Lance M Africk on 10/13/2020. (blg)
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Filing 40
EXPARTE/CONSENT Emergency MOTION to Continue Sale of M/V Capt. T.W. Boudreaux from October 13, 2020 to October 29, 2020 by Synergy Bank. (Attachments: #1 Proposed Order)(Magee, Todd)
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Filing 39
EXPARTE/CONSENT MOTION for Default Judgment as to GPS Marine, LLC by Paul Champagne, Danny Neal, Dexter Neal, Michael Rutledge. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order)(Cvitanovic, Andrew)
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Filing 37
EXPARTE/CONSENT MOTION for Authority to Credit Bid by Synergy Bank. (Attachments: #1 Exhibit)(Magee, Todd) Modified text on 10/9/2020 (mp).
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Filing 36
***FILED IN ERROR- See R. Doc. 37: Request by Synergy Bank for Motion for Authority Credit Bid (Magee, Todd) Modified on 10/9/2020 (mp).
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Filing 35
Minute Entry for proceedings held before Judge Lance M Africk: Telephonic Status Conference held on 10/2/2020. IT IS ORDERED that counsel for the intervenor plaintiffs shall file any motion for default judgment by FRIDAY, OCTOBER 16, 2020. IT IS FURTHER ORDERED that counsel for Synergy and the intervenor plaintiffs shall inform the Court of whether an agreement has been reached as to the apportionment of damages following the sale of the T.W. Boudreaux by WEDNESDAY, OCTOBER 7, 2020 at 12 NOON. Signed by Judge Lance M Africk. (mp)
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Filing 32
ENTRY OF DEFAULT: IT IS ORDERED that default be and is hereby entered against the defendant, M/V Capt. T.W. Boudreaux, in rem, and GPS Marine, LLC in favor of Danny Neal, Dexter Neal, Paul Champagne, and Michael Rutledge. Signed by Judge Lance M Africk on September 22, 2020. (Attachments: #1 Defendant's Last Known Address) (mp)
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Filing 31
EXPARTE/CONSENT MOTION for Entry of Default as to Capt. T.W. Boudreaux and GPS Marine, LLC by Paul Champagne, Danny Neal, Dexter Neal, Michael Rutledge. (Attachments: #1 Affidavit of Service, #2 Proposed Order)(Cvitanovic, Andrew)
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Filing 29
ORDER TO SHOW CAUSE: Plaintiff's counsel shall have up to and including September 25, 2020 to further prosecute their claim(s) or obtain responsive pleadings from GPS Marine, LLC. Failure to comply with this Order of the Court or, show good cause in writing as to why the defendant should not be dismissed, will result in dismissal of the above named defendant. Signed by Judge Lance M Africk on September 1, 2020.(mp)
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Filing 28
DEFAULT JUDGMENT entered in favor of Synergy Bank against Capt. T.W. Boudreaux M/V. Signed by Judge Lance M Africk on August 14, 2020. (2cc:USM)(mp)
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Filing 27
ORDER AND REASONS: IT IS ORDERED that the #25 Motion for Default Judgment is GRANTED IN PART and DENIED IN PART as specified herein. IT IS FURTHER ORDERED that the United States Marshal for the Eastern District of Louisiana shall sell the T.W. Boudreaux, her engines, tackle, apparel, furniture, equipment, and all other necessaries to the highest bidder, free and clear of all liens and preexisting claims on the T.W. Boudreaux. Signed by Judge Lance M Africk on August 14, 2020. (2cc: USM) (mp)
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Filing 26
Supplemental Memorandum filed by Synergy Bank, in Support of #25 MOTION for Default Judgment as to M/V Capt. T.W. Boudreaux . (Attachments: #1 Affidavit, #2 Proposed Order)(Magee, Todd)
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Filing 25
EXPARTE/CONSENT MOTION for Default Judgment as to M/V Capt. T.W. Boudreaux by Synergy Bank. (Attachments: #1 Proposed Order, #2 Affidavit Affidavit of Amount Due)(Magee, Todd)
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Filing 24
WAIVER OF SERVICE Returned Executed; waiver sent to GPS Marine, LLC on 6/18/2020, answer due 8/17/2020. (Cvitanovic, Andrew)
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Filing 23
ORDER granting #22 Motion for Entry of Default as to Capt. T.W. Boudreaux M/V. Signed by Judge Lance M Africk on 6/19/2020. (blg)
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Filing 22
EXPARTE/CONSENT MOTION for Entry of Default as to M/V Capt. T.W. Boudreaux by Synergy Bank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Magee, Todd)
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Filing 21
Summons Issued as to GPS Marine, LLC. (mp)
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Filing 20
Intervenor SEAMAN COMPLAINT filed by Paul Champagne, Danny Neal, Michael Rutledge, Dexter Neal. (Attachments: #1 Exhibit)(mp)
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Filing 19
ORDER: IT IS ORDERED that the #17 Motion for Leave to Intervene is GRANTED. Signed by Judge Lance M Africk on June 10, 2020. (mp)
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Filing 18
NOTICE of Publication by Synergy Bank re #13 Order. (Attachments: #1 Affidavit Proof of Publication)(Riviere, Christopher) Modified text on 6/10/2020 (mp).
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Filing 17
EXPARTE/CONSENT MOTION to Intervene by Danny Neal, Dexter Neal, Paul Champagne, Michael Rutledge. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Proposed Pleading)Attorney Andrew J. Cvitanovic added to party Danny Neal(pty:intv), Attorney Andrew J. Cvitanovic added to party Dexter Neal(pty:intv), Attorney Andrew J. Cvitanovic added to party Paul Champagne(pty:intv), Attorney Andrew J. Cvitanovic added to party Michael Rutledge(pty:intv).(Cvitanovic, Andrew)
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| Filing 16 Correction of Docket Entry by Clerk re #15 Request for Summons Issued. Summons is address to a defendant not currently named in this action. Pursuant to F.R.C.P 4, summons addressed to this non-party cannot be issued by the Court. (mp) |
| Filing 15 Request of Summons Issued as to GPS Marine, LLC filed by All Plaintiffs re #1 Complaint,. (Magee, Todd) Modified text on 5/29/2020 (mp). |
| Filing 14 WARRANT Returned Executed as to M/V Capt. T.W. Boudreaux on 5/8/2020. (mp) |
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Filing 13
ORDER granting #11 Motion for Notice of Publication. Signed by Judge Lance M Africk on May 13, 2020. (mp)
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| Filing 12 Correction of Docket Entry by Clerk re #11 NOTICE (other). Filing attorney selected incorrect event. Correct event is Motion for Miscellaneous Relief. Clerk took corrective action by changing the event and modifying the text to reflect relief requested. (mp) |
| Filing 11 EXPARTE/CONSENT MOTION for Publication of Notice by All Plaintiffs. (Attachments: #1 Proposed Order, #2 Exhibit)(Magee, Todd) Modified event on 5/12/2020 (mp). |
| Filing 10 WARRANT of Arrest of Vessel issued. (mp) |
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Filing 9
ORDER granting #7 Motion to Appoint/Substitute Custodian. Signed by Judge Lance M Africk on May 7, 2020. (3cc: USM) (mp)
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Filing 8
ORDER granting #6 Motion for Issuance of Warrant in rem. Signed by Judge Lance M Africk on May 7, 2020. (3cc: USM) (mp)
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| Filing 7 EXPARTE/CONSENT MOTION to Appoint/Substitute Custodian by Synergy Bank. (Attachments: #1 Proposed Order, #2 Exhibit)(Magee, Todd) (3cc:USM) |
| Filing 6 EXPARTE/CONSENT MOTION for Issuance of Warrant of Arrest in rem by Synergy Bank. (Attachments: #1 Proposed Order)(Magee, Todd) (3cc: USM) |
| Filing 5 Minute Entry & Order: Status Conference held on 3/31/2020 before Judge Lance M Africk. IT IS ORDERED that the #2 Motion for Issuance of Warrant in rem and #3 Motion to Appoint/Substitute Custodian are DISMISSED WITHOUT PREJUDICE, reserving Synergy the right to re-urge the same when the United States Marshals Service resumes full operations. (mp) |
| Filing 4 Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Janis van Meerveld. (aj) |
| Filing 3 EXPARTE/CONSENT MOTION to Appoint/Substitute Custodian by Synergy Bank. (Attachments: #1 Exhibit Declaration of Substitute Custodian, #2 Proposed Order)(Magee, Todd) |
| Filing 2 EXPARTE/CONSENT MOTION for Issuance of Warrant of Arrest in rem M/V Capt. T.W. Boudreaux by Synergy Bank. (Attachments: #1 Proposed Order)(Magee, Todd) |
| Filing 1 COMPLAINT against M.V Capt. T.W. Boudreaux (Filing fee $ 400 receipt number ALAEDC-8241683) filed by Synergy Bank. (Attachments: #1 Civil Cover Sheet, #2 Affidavit Verification, #3 Exhibit Exhibit A-Note, #4 Exhibit Exhibit B-FPSM)Attorney Todd M. Magee added to party Synergy Bank(pty:pla).(Magee, Todd) (3cc: USM) |
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