Three Fifty Markets Ltd. v. Argos M M/V
| Three Fifty Markets Ltd. |
| Argos M M/V and Argos Bulkers, Inc. |
| PMG Holding SRL |
| ArcelorMittal International (Luxembourg) S.A. and ArcelorMittal (Costa Rica) S.A. |
| 2:2023cv00595 |
| February 16, 2023 |
| US District Court for the Eastern District of Louisiana |
| Eldon E Fallon |
| Michael North |
| Contract: Marine |
| 46 U.S.C. § 31342 Breach of Maritime Contract |
| None |
Docket Report
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Filing 43
NOTICE: Scheduling Conference set for 5/4/2023 11:00 AM before case manager by telephone. By Clerk.(Reference: All cases)(lag)
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Filing 42
ORDER granting #39 Motion to lift vessel arrest; FURTHER ORDERED that the United States Marshals Service and the Substitute Custodian, National Maritime Services, Inc., are to RELEASE the M/V ARGOS M from seizure, immediately. Signed by Judge Eldon E. Fallon on 3/29/2023. (Reference: All cases) (3ccUSM) (lag)
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Filing 41
REPLY to Response to Motion filed by Three Fifty Markets Ltd. re #15 MOTION for Order of Sale of the M/V ARGOS M. (Attachments: #1 Exhibit A, #2 Exhibit B)(Reference: All cases)(lag)
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Filing 40
ORDER granting #31 Motion for Leave to File reply. Signed by Judge Eldon E. Fallon on 3/27/2023. (Reference: All cases)(lag)
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Filing 39
EXPARTE/CONSENT MOTION To Lift Vessel Arrest by Argos Bulkers, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Reference: 23-00595 & 23-00623)(Musser, John)
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Filing 38
Minute Entry for proceedings held before Judge Eldon E. Fallon: Telephone Status Conference held on 3/27/2023; ORDERED that #15 , #19 Motions for Sale be DENIED AS MOOT; FURTHER ORDERED that #29 MOTION to Discharge Cargo and Approve Custodia Legis Expenses be DENIED AS MOOT. (Reference: All cases)(lag)
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Filing 37
NOTICE by PMG Holding SRL re #19 MOTION for Interlocutory Sale of the M/V ARGOS M of Release of Vessel and Withdrawal of Motion. (Attachments: #1 Exhibit A - Release of Seizure, #2 Exhibit B - E-mail from Court)(Reference: 23-623)(Brooks, Philip)
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Filing 36
NOTICE by Three Fifty Markets Ltd. re #15 MOTION for Order of Sale of the M/V ARGOS M that its Motion for Interlocutory Sale (R. Doc. 15) is Moot. (Reference: 23-595)(Kean, Richard)
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Filing 35
NOTICE by ArcelorMittal (Costa Rica) S.A., ArcelorMittal International (Luxembourg) S.A. re #32 Order, #29 MOTION to Discharge Cargo and Approve Custodia Legis Expenses . (Reference: 23-cv-00595)(McNutt, Daphne) Modified on 3/27/2023 (lag).
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Filing 34
NOTICE by Argos Bulkers, Inc. Release Bond to Three Fifty. (Reference: 23-00595 & 23-00623)(Musser, John)
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Filing 33
NOTICE by Argos Bulkers, Inc. Release Bond to PMG Holdings. (Reference: 23-00595 & 23-00623)(Musser, John)
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Filing 32
ORDER granting #30 MOTION to Expedite re #29 MOTION to Discharge Cargo and Approve Custodia Legis Expenses : Motion(s) will be submitted on 3/27/2023. Signed by Judge Eldon E. Fallon on 3/24/2023.(Reference: All cases)(lag)
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Filing 31
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support the Motion for Interlocutory Sale (R. Doc. 15) by Three Fifty Markets Ltd.. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Memo in Support of Motion for Interlocutory Sale R. Doc. 15, #3 Exhibit A - Memos between Parties, #4 Exhibit B - draft LOU for Three Fifty Markets)(Reference: 23-595)(Kean, Richard)
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Filing 30
EXPARTE/CONSENT MOTION to Expedite Submission Date of Intervenor Plaintiffs' Motion to Discharge Cargo and Approve Custodia Legis Expenses by ArcelorMittal (Costa Rica) S.A., ArcelorMittal International (Luxembourg) S.A.. (Attachments: #1 Proposed Order)(Reference: 23-cv-00595)(McNutt, Daphne)
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Filing 29
MOTION to Discharge Cargo and Approve Custodia Legis Expenses by ArcelorMittal (Costa Rica) S.A., ArcelorMittal International (Luxembourg) S.A.. Motion(s) will be submitted on 4/12/2023. (Attachments: #1 Declaration of Mark Jennings, #2 Exhibit 1, #3 Notice of Submission, #4 Proposed Order)(Reference: 23-cv-00595)(McNutt, Daphne)
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Filing 28
RESPONSE/MEMORANDUM in Opposition filed by Argos Bulkers, Inc. re #19 MOTION for Interlocutory Sale of the M/V ARGOS M, #15 MOTION for Order of Sale of the M/V ARGOS M . (Attachments: #1 Exhibit A)(Reference: 23-00595 & 23-00623)(Musser, John)
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Filing 27
ANSWER to Complaint OF PMG HOLDING SRL (R. DOC. 1 (CA 23-623) by Argos Bulkers, Inc..(Reference: 23-00623)(Musser, John)
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Filing 26
ANSWER to #1 Complaint, by Argos Bulkers, Inc..(Reference: 23-00595 )Attorney John Herr Musser, V added to party Argos Bulkers, Inc.(pty:dft).(Musser, John) Modified on 3/22/2023 (lag).
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Filing 25
Statement of Corporate Disclosure by Argos Bulkers Inc. (Reference: 23-00595 & 23-00623)(Musser, John) Modified on 3/22/2023 (lag).
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Filing 24
NOTICE by Argos Bulkers Inc Verified Statement of Right or Interest. (Reference: 23-00595 & 23-00623)(Musser, John) Modified on 3/22/2023 (lag).
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Filing 23
ORDER re #19 MOTION for Interlocutory Sale of the M/V ARGOS M, #15 MOTION for Order of Sale of the M/V ARGOS M : Oral argument on these motions will be held on March 27, 2023 at 9:30 a.m.Signed by Judge Eldon E. Fallon on 3/20/2023.(Reference: All Cases)(my)
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Filing 22
Intervenor COMPLAINT filed by ArcelorMittal (Costa Rica) S.A., ArcelorMittal International (Luxembourg) S.A.(Reference: All cases)(lag)
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Filing 21
ORDER granting #20 Motion to Intervene. Signed by Judge Eldon E. Fallon on 3/20/2023. (Reference: All cases)(lag)
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Filing 20
EXPARTE/CONSENT Emergency MOTION to Intervene by ArcelorMittal International (Luxembourg) S.A., ArcelorMittal (Costa Rica) S.A.. (Attachments: #1 Exhibit A - Proposed Verified Complaint in Intervention, #2 Proposed Order)(Reference: 23-cv-00595)Attorney Daphne P. McNutt added to party ArcelorMittal International (Luxembourg) S.A.(pty:intvp), Attorney Daphne P. McNutt added to party ArcelorMittal (Costa Rica) S.A.(pty:intvp).(McNutt, Daphne)
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Filing 19
MOTION for Interlocutory Sale of the M/V ARGOS M by PMG Holding SRL. Motion(s) will be submitted on 3/22/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Declaration of Alan Swimmer, #3 Exhibit B - Independent Valuation Report, #4 Notice of Submission, #5 Proposed Order)(Reference: 23-623)(my)(Originally filed as rec doc 19 in case 23-623)
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Filing 18
ORDER: IT IS ORDERED that the above matters are hereby CONSOLIDATED: 23-623 and 23-595. Signed by Judge Eldon E. Fallon on 3/16/2023.(my)
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Filing 17
ORDER granting #16 MOTION to Expedite, Resetting Submission Date on #15 MOTION for Order of Sale of the M/V ARGOS M : Motion(s) will be submitted on 3/22/2023. Signed by Judge Eldon E. Fallon on 3/10/2023.(lag)
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Filing 16
EXPARTE/CONSENT MOTION to Expedite Submission Date of Plaintiff's Motion for Interlocutory Sale of the Vessel M/V ARGOS M by Three Fifty Markets Ltd.. (Attachments: #1 Proposed Order)(Kean, Richard)
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Filing 15
MOTION for Order of Sale of the M/V ARGOS M by Three Fifty Markets Ltd.. Motion(s) will be submitted on 3/29/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit 1 - Declaration of Alan Swimmer, #5 Exhibit to Declaration of Alan Swimmer, #6 Exhibit 2 - Valuation Report on Vessel)(Kean, Richard)
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Filing 14
ORDER granting #13 Motion to Appear Pro Hac Vice as to Noe Sebastian Hamra, William Robert Bennett. Signed by Judge Eldon E. Fallon on 2/28/2023. (Attachments: #1 Notice) (lag)
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Filing fee paid from Three Fifty Markets Ltd. for William Bennett III re #13 Motion to Appear Pro Hac Vice, (Filing fee $ 100 receipt number ALAEDC-9812176) (Kean, Richard)
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Filing 13
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Noe S. Hamra and William R. Bennett, III (Filing fee $ 100 receipt number ALAEDC-9809584) by Three Fifty Markets Ltd.. (Attachments: #1 Proposed Order, #2 Exhibit A - Oath of Noe Hamra, #3 Exhibit B - Oath of William Bennett III, #4 Exhibit C - Letters of Good Standing for Both, #5 Exhibit D - Electronic Consent Forms)(Kean, Richard)
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Filing 12
ORDER granting #11 Motion to Appoint/Substitute Custodian. Signed by Judge Eldon E. Fallon on 2/17/2023. (my)(3CC:USM)
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Filing 11
EXPARTE/CONSENT MOTION to Appoint/Substitute Custodian by Three Fifty Markets Ltd.. (Attachments: #1 Proposed Order, #2 Exhibit A - Declaration of Alan Swimmer, #3 Exhibit to Declaration of Alan Swimmer)(Kean, Richard)
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Filing 10
ORDER granting #6 Motion to permit cargo handling and movement of vessel. Signed by Judge Eldon E. Fallon on 2/16/2023. (3ccUSM) (lag)
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Filing 9
ORDER granting #4 Motion to Appoint/Substitute Custodian ; granting #4 Motion that G. Robert Toney and Alan Swimmer of National Maritime Services arehereby authorized to serve the Warrant. Signed by Judge Eldon E. Fallon on 2/16/2023. (3ccUSM) (lag)
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Filing 8
WARRANT of Arrest issued. (3ccUSM) (lag)
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Filing 7
ORDER granting #3 Motion for Issuance of Warrant in rem. Signed by Judge Eldon E. Fallon on 2/16/2023. (3ccUSM) (lag)
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Filing 6
EXPARTE/CONSENT MOTION to Allow Cargo Handling and Movement of the Vessel Within the District by Three Fifty Markets Ltd.. (Attachments: #1 Proposed Order)(Kean, Richard)
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Filing 5
Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Michael North. (cc)
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Filing 4
EXPARTE/CONSENT MOTION to Appoint/Substitute Custodian , MOTION for Order Deputizing G. Robert Toney and/or Alan Swimmer to Act in Lieu of U.S. Marshal in Serving Warrant of Arrest by Three Fifty Markets Ltd.. (Attachments: #1 Proposed Order)(Kean, Richard)
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Filing 3
EXPARTE/CONSENT MOTION for Issuance of Warrant of Arrest in rem by Three Fifty Markets Ltd.. (Attachments: #1 Proposed Order)(Kean, Richard)
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Filing 2
Request of Summons Issued as to M/V ARGOS M filed by Three Fifty Markets Ltd. re #1 Complaint,. (Kean, Richard)
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Filing 1
COMPLAINT against Argos M M/V (Filing fee $ 402 receipt number ALAEDC-9804096) filed by Three Fifty Markets Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Statement Verification of Complaint, #7 Civil Cover Sheet)Attorney Richard C. Kean added to party Three Fifty Markets Ltd.(pty:pla).(Kean, Richard) Modified on 2/16/2023 (lag).
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