Total Marine Services of Jefferson, Inc. v. DRAKE S/B
| Total Marine Services of Jefferson, Inc. |
| DRAKE S/B |
| 2:2023cv01908 |
| June 6, 2023 |
| US District Court for the Eastern District of Louisiana |
| Donna Phillips Currault |
| Susie Morgan |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
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Filing 35
ORDER: IT IS ORDERED that the #34 Motion to Dismiss Case is GRANTED. Accordingly, the in rem defendant, the S/B DRAKE, shall be released from arrest and seizure, and the custodianship of Total Marine is terminated pursuant to a settlement agreement reached between Total Marine and Select Oilfield Services, LLC ("Select"), as owners and operators of the S/B DRAKE. IT IS FURTHER ORDERED that the warrant of arrest and seizure (R. Doc. #5 ) and all prior Orders of this Court entered in this action with respect to the arrest and seizure of theS/B DRAKE are vacated. IT IS FURTHER ORDERED that all claims asserted by Total Marine in the above captioned matter are hereby dismissed with prejudice, with each party to pay its own fees, costs, attorneys fees, and expenses. This dismissal shall not affect any claims asserted by Select in any related matters pending before this Court. Signed by Judge Susie Morgan on 07/31/2023. (js) (cc: to USM)
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| Filing 34 EXPARTE/CONSENT MOTION to Dismiss Case - Motion to Release Vessel from Arrest, to Terminate Substitute Custodian, and to Dismiss with Prejudice by Total Marine Services of Jefferson, Inc.. (Attachments: #1 Proposed Order)(Fuller, Samuel) |
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Filing 33
ORDER: IT IS ORDERED that the in-person status conference scheduled forWednesday, July 12, 2023, at 2:00 p.m., is hereby CANCELED. Signed by Judge Susie Morgan on 07/12/2023.(cs)
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Filing 32
ORDER: IT IS ORDERED that an in-person status conference is hereby scheduled for Wednesday, July 12, 2023, at 2:00 p.m. Signed by Judge Susie Morgan on 7/7/2023.(pp)
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| Filing 31 Reply Memorandum in Support of #24 MOTION to Vacate #5 Warrant Issued on S/B DRAKE and to Dismiss the Verified Complaint for Arrest Under Rule C filed by DRAKE S/B. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(pp) |
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Filing 30
ORDER granting #29 Motion for Leave to File Reply Memorandum. Signed by Judge Susie Morgan on 7/7/2023. (pp)
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| Filing 29 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum on Motion to Vacate and to Dismiss by DRAKE S/B. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Guillot, Gavin) |
| Filing 28 RESPONSE/MEMORANDUM in Opposition filed by Total Marine Services of Jefferson, Inc. re #24 MOTION to Vacate #5 Warrant Issued on S/B DRAKE and to Dismiss the Verified Complaint for Arrest Under Rule C . (Attachments: #1 Exhibit TMS Demand dated December 19, 2022)(Fuller, Samuel) |
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Filing 27
ORDER granting #25 Motion to Expedite #24 Motion to Vacate the Arrest of S/B Drake and to Dismiss the Verified Complaint for Arrest Under Rule C. Any opposition must be filed on or before 7/5/2023, and any Reply must be filed on or before 7/6/2023. Signed by Judge Susie Morgan on 7/3/2023. (my)
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| Filing 26 SUMMONS Returned Executed; DRAKE S/B served on 6/20/2023, answer due 7/11/2023. (Fuller, Samuel) |
| Filing 25 EXPARTE/CONSENT MOTION to Expedite Consideration of S/B DRAKES and Select Oilfield Services, LLCs Motion to Vacate the Arrest of S/B Drake and to Dismiss the Verified Complaint for Arrest Under Rule C by DRAKE S/B. (Attachments: #1 Proposed Order)Attorney Jacob A Altmyer added to party DRAKE S/B(pty:dft).(Altmyer, Jacob) |
| Filing 24 MOTION to Vacate #5 Warrant Issued on S/B DRAKE and to Dismiss the Verified Complaint for Arrest Under Rule C by DRAKE S/B. Motion(s) will be submitted on 7/19/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)Attorney Gavin H. Guillot added to party DRAKE S/B(pty:dft).(Guillot, Gavin) |
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Filing 23
ORDER GRANTING #21 MOTION Order Modifying Arrest. IT IS ORDERED that repair operations to the Vessel are permitted to occur during the pendency of the arrest proceedings, as stated herein. Signed by Judge Susie Morgan on 6/28/2023.(pp)
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| Filing 22 Correction of Docket Entry by Clerk re #21 MOTION Order Modifying Arrest.**Please disregard deficiency notice. Filing will be accepted per Chambers.** (pp) |
| Filing 21 EXPARTE/CONSENT MOTION Order Modifying Arrest by Total Marine Services of Jefferson, Inc.. (Fuller, Samuel) Modified on 6/28/2023 (pp). |
| Filing 20 Minute Entry for proceedings held before Judge Susie Morgan: Telephone Status Conference held on 6/22/2023. The parties discussed the status of the case. (pp) |
| Filing 19 Memorandum by Total Marine Services of Jefferson, Inc. re #17 Order, Set/Reset Hearings for June 22, 2023 Status Conference (Attachments: #1 Exhibit)(Fuller, Samuel) |
| Filing 18 MEMORANDUM for June 22, 2023 Status Conference re #17 Order by DRAKE S/B. (pp) |
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Filing 17
ORDER: IT IS ORDERED that a telephone status conference is hereby scheduled for Thursday, June 22, 2023, at 4:30 p.m. Signed by Judge Susie Morgan on 6/22/2023.(pp)
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Filing 16
ORDER granting #13 Motion Appoint Private Process Server. IT IS ORDERED that a representative of Orleans Investigations, LLC d/b/a Force 1 Solutions be appointed as private process server to serve the Verified Complaint for Rule CArrest and all associated filings, including the Warrant of Arrest on the in rem defendant, S/B DRAKE, currently located in Golden Meadow, Louisiana. Signed by Judge Susie Morgan on 06/12/2023. (js)
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Filing 15
ORDER granting #12 Motion to Withdraw Document. IT IS ORDERED that the Motion to Appoint Private Process Server (R. Doc. #10 ) is hereby withdrawn from the record. Signed by Judge Susie Morgan on 06/12/2023. (js)
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Filing 14
ORDER granting #11 MOTION to Withdraw Document. IT IS ORDERED that the Motion to Appoint Substitute Custodian (R. Doc. #6 ) is hereby withdrawn from the record. Signed by Judge Susie Morgan on 06/12/2023. (js)
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| Filing 13 EXPARTE/CONSENT MOTION Appoint Private Process Server by Total Marine Services of Jefferson, Inc.. (Attachments: #1 Proposed Order)(Fuller, Samuel) |
| Filing 12 EXPARTE/CONSENT MOTION to Withdraw Document by Total Marine Services of Jefferson, Inc.. (Attachments: #1 Proposed Order)(Fuller, Samuel) |
| Filing 11 EXPARTE/CONSENT MOTION to Withdraw Document by Total Marine Services of Jefferson, Inc.. (Attachments: #1 Proposed Order)(Fuller, Samuel) |
| Filing 10 WITHDRAWN FROM RECORD: PER ORDER R. DOC. #15 : EXPARTE/CONSENT MOTION Appoint Private Process Server by Total Marine Services of Jefferson, Inc.. (Attachments: #1 Proposed Order)(Fuller, Samuel) Modified on 6/12/2023 (js). |
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Filing 9
ORDER GRANTING #8 Motion to Appoint/Substitute Custodian. Signed by Judge Susie Morgan on 6/9/2023. (pp)(3CC:USM)
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| Filing 8 EXPARTE/CONSENT MOTION to Appoint/Substitute Custodian by Total Marine Services of Jefferson, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Fuller, Samuel) |
| Filing 7 **DEFICIENT** EXPARTE/CONSENT MOTION to Withdraw Document by Total Marine Services of Jefferson, Inc.. (Fuller, Samuel) Modified on 6/9/2023 (pp). |
| Filing 6 WITHDRAWN FROM RECORD: PER ORDER R. DOC. #14 : EXPARTE/CONSENT MOTION to Appoint/Substitute Custodian by Total Marine Services of Jefferson, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Fuller, Samuel) Modified on 6/12/2023 (js). |
| Filing 5 WARRANT of Arrest of Vessel issued. (pp) |
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Filing 4
ORDER granting #2 Motion for Issuance of Warrant. Signed by Judge Susie Morgan on 6/7/2023. (pp)(3CC:USM)
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| Filing fee received from Samual Fuller: $ 402.00 BLAEDC-9969836 (ess) |
| Filing 3 Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Donna Phillips Currault. (ess) |
| Filing 2 EXPARTE/CONSENT MOTION for Issuance of Warrant of Arrest in rem by Total Marine Services of Jefferson, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Fuller, Samuel) |
| Filing 1 COMPLAINT against S/B DRAKE (Fee previously paid) filed by Total Marine Services of Jefferson, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Affidavit, #5 Civil Cover Sheet)Attorney Samuel L. Fuller added to party Total Marine Services of Jefferson, Inc.(pty:selreq).(Fuller, Samuel) (Attachment 5 replaced on 6/6/2023) (pp). |
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