U.S. WIND, INC v. U.S. Wind Met Mast Tower
US Wind Inc. |
U.S. WIND MET MAST TOWER, in rem |
MARMAC, LLC |
Intermoor, Inc. |
Louisiana International Marine, LLC |
1:2020cv00975 |
April 16, 2020 |
US District Court for the District of Maryland |
Stephanie A Gallagher |
Contract: Recovery/Enforcement |
28 U.S.C. § 1333 |
None |
Docket Report
This docket was last retrieved on May 12, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 86 PAPERLESS ORDER granting #84 Consent Motion to Stay Proceedings. Signed by Judge Stephanie A. Gallagher on 5/12/2020. (dass, Deputy Clerk) |
Filing 85 PAPERLESS ORDER granting #83 Corrected Motion to Appear Pro Hac Vice on behalf of Laura K Greene. Directing attorney Laura K Greene to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/8/2020. (srds, Deputy Clerk) |
Filing 84 Consent MOTION to Stay Proceedings by US Wind Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Text of Proposed Order)(Kelley, Toyja) |
Filing 83 CORRECTED MOTION to Appear Pro Hac Vice for Laura Katherine Greene by US Wind Inc.. The fee has already been paid.(Kelley, Toyja) |
Filing 82 QC NOTICE: #81 Motion to Appear Pro Hac Vice filed by US Wind Inc. needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) |
Filing 81 MOTION to Appear Pro Hac Vice for Laura Katherine Greene (Filing fee $100, receipt number 0416-8634546.) by US Wind Inc.(Kelley, Toyja) |
Telephone Status Conference held on 4/30/2020 before Judge Stephanie A. Gallagher.(Court Reporter: Patricia Mitchell) (chs, Deputy Clerk) |
Filing 80 MEMORANDUM to Counsel re: Status Conference. Signed by Judge Stephanie A. Gallagher on 4/27/2020. (ols, Deputy Clerk) |
Filing 79 Correspondence to Counsel/Parties re: Transfer of Case to this Court. (dass, Deputy Clerk) (c/em via NEF ad hoc 4/20/20-das) |
Filing 78 Case transferred in from District of North Carolina Eastern; Case Number 4:19-cv-00145. Original file certified copy of transfer order and docket sheet received. (Originally received 4/16/20) |
Filing 77 ORDER granting #64 Motion to Transfer Case; denying #59 Motion for Reconsideration, #66 Motion to Intervene, #68 Motion Payment of Custodia Legis Expenses, #70 Motion for Hearing, and #72 Motion for Extension of Time to File. Signed by Chief Judge Terrence W. Boyle on 4/15/2020. (Stouch, L.) |
Motion Submitted to Chief Judge Terrence W. Boyle regarding #66 MOTION to Intervene, #59 MOTION for Reconsideration regarding #55 Order on Motion to Expedite,, Order on Motion for Release from Custody, #72 MOTION for Extension of Time to File Response to Motion to Transfer Case to District Court of Maryland, #68 MOTION Payment of Custodia Legis Expenses, #70 MOTION for Hearing regarding #68 MOTION Payment of Custodia Legis Expenses, #64 Corrected MOTION to Transfer Case to the US District Court for District of Maryland. (Stouch, L.) |
Filing 76 REPLY to Response to Motion regarding #68 MOTION Payment of Custodia Legis Expenses filed by Intermoor, Inc.. (Penny, Andrew) |
Filing 75 RESPONSE regarding #68 MOTION Payment of Custodia Legis Expenses by U.S. WIND, INC. (Attachments: #1 Exhibit A Trust Ledger, #2 Exhibit B Proof of Payments, #3 Exhibit C Invoices, #4 Exhibit D Letter) (Losee, Geoffrey) |
Filing 74 RESPONSE to Motion regarding #66 MOTION to Intervene filed by Intermoor, Inc.. (Hanley, Andrew) |
Filing 73 Memorandum in Opposition regarding #64 Corrected MOTION to Transfer Case to the US District Court for District of Maryland filed by Intermoor, Inc.. (Hanley, Andrew) |
Filing 72 MOTION for Extension of Time to File Response to Motion to Transfer Case to District Court of Maryland filed by Intermoor, Inc.. (Hanley, Andrew) |
Filing 71 Memorandum in Support regarding #70 MOTION for Hearing regarding #68 MOTION Payment of Custodia Legis Expenses filed by MARMAC, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Spencer, Louis) |
Filing 70 MOTION for Hearing regarding #68 MOTION Payment of Custodia Legis Expenses filed by MARMAC, LLC. (Spencer, Louis) |
Filing 69 Memorandum in Support regarding #68 MOTION Payment of Custodia Legis Expenses filed by MARMAC, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Spencer, Louis) |
Filing 68 MOTION Payment of Custodia Legis Expenses filed by MARMAC, LLC. (Spencer, Louis) |
Filing 67 Memorandum in Support regarding #66 Motion to Intervene filed by MARMAC, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Spencer, Louis) Modified on 3/16/2020 to correct docket entry text (Stouch, L.). |
Filing 66 MOTION to Intervene filed by MARMAC, LLC. (Attachments: #1 Proposed Complaint, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Affidavit) (Spencer, Louis) |
Filing 65 REPLY to Response to Motion regarding #60 MOTION for Reconsideration regarding #59 MOTION for Reconsideration regarding #55 Order on Motion to Expedite,, Order on Motion for Release from Custody, filed by Intermoor, Inc.. (Penny, Andrew) |
Filing 64 Corrected MOTION to Transfer Case to the US District Court for District of Maryland filed by U.S. WIND, INC. (Attachments: #1 Text of Proposed Order) (Losee, Geoffrey) |
Filing 63 Memorandum in Support regarding #62 First MOTION to Transfer Case to the US District Court for District of Maryland filed by U.S. WIND, INC. (Losee, Geoffrey) |
Filing 62 ***See Corrected Motion at DE #64 *** First MOTION to Transfer Case to the US District Court for District of Maryland filed by U.S. WIND, INC. (Losee, Geoffrey) Modified on 3/5/2020 (Stouch, L.). |
Filing 61 RESPONSE in Opposition regarding #60 MOTION for Reconsideration regarding #59 MOTION for Reconsideration regarding #55 Order on Motion to Expedite,, Order on Motion for Release from Custody, , #59 MOTION for Reconsideration regarding #55 Order on Motion to Expedite,, Order on Motion for Release from Custody, filed by U.S. WIND, INC. (Losee, Geoffrey) |
NOTICE OF CORRECTION regarding: #60 Motion for Reconsideration. Motion terminated and docket text corrected to reflect it is the memorandum in support. The event 'Memorandum in Support' is located under the 'Responses and Replies' category. (Stouch, L.) |
Filing 60 Memorandum in Support regarding #59 MOTION for Reconsideration regarding #55 Order on Motion to Expedite, Order on Motion for Release from Custody, filed by Intermoor, Inc.. (Penny, Andrew) Modified on 2/11/2020 to correct docket entry text to reflect the document is the memorandum in support. (Stouch, L.). |
Filing 59 MOTION for Reconsideration regarding #55 Order on Motion to Expedite,, Order on Motion for Release from Custody, filed by Intermoor, Inc.. (Penny, Andrew) |
Filing 58 Notice filed by U.S. WIND, INC Notice of Posting Special Bond. (Attachments: #1 Exhibit A) (Losee, Geoffrey) |
Filing 57 ORDER - InterMoor's motion [DE 43] for the Court to compel U.S. Wind to remove the Tower from the Marmac-261 is DENIED. U.S. Wind's motion [DE 47] to approve a Special Bond is GRANTED. It is ORDERED. that the Special Bond to be posted by Aspen Company as Surety in the amount of $3,500,000.00 is approved in form, content and amount pursuant to Rule E(S)(a) of the Supplemental Rules of Admiralty or Maritime Claims of the Federal Rules of Civil Procedure, that the Special Bond shall be posted by Aspen Company as Surety in the amount of $3,500,000.00 within one week of the date of this Order, and that upon filing (posting) of the Special Bond, the U.S. Wind MET Mast Tower shall be deemed released from arrest and attachment pursuant to Rule E(S)(c), without further order of this Court. U.S. Wind's motion [DE 49] for equal apportionment of custodia legis costs is GRANTED; custodia legis costs incurred since the date of arrest, October 10, 2019, shall be apportioned equally. Finally, the motion [DE 52] to stay is GRANTED. This action is STAYED pending resolution of the motion to dismiss in the related case InterMoor, Inc. v. US. Wind, Inc., No. 4:19-cv-03823 (S.D. Tex.). The parties shall alert the Court when this motion is resolved. Signed by Chief Judge Terrence W. Boyle on 1/29/2020. (Stouch, L.) |
Filing 56 RESPONSE in Opposition regarding #49 MOTION for Apportionment of Custodial Costs filed by Intermoor, Inc.. (Penny, Andrew) |
Filing 55 ORDER denying as moot #44 Motion to Expedite and granting #48 Motion for Release from Custody. The parties shall stipulate to the value of the special bond by January 27, 2020. InterMoor shall respond to U.S. Wind's motion to apportion costs equally by the same date. Signed by Chief Judge Terrence W. Boyle on 1/14/2020. (Stouch, L.) |
Filing 54 Minute Entry for proceedings held in Elizabeth City, NC before Chief Judge Terrence W. Boyle: Motion Hearing held on 1/14/2020. All parties present and ready to proceed. A written order will follow. (Court Reporter Sandra Graham) (Stouch, L.) |
Filing 53 Memorandum in Support regarding #52 MOTION to Stay filed by U.S. WIND, INC. (Losee, Geoffrey) |
Filing 52 MOTION to Stay filed by U.S. WIND, INC. (Attachments: #1 Text of Proposed Order) (Losee, Geoffrey) |
Filing 51 RESPONSE in Opposition regarding #43 MOTION Motion to Remove Mast filed by U.S. WIND, INC. (Losee, Geoffrey) |
Filing 50 Memorandum in Support regarding #49 MOTION for Apportionment of Custodial Costs filed by U.S. WIND, INC. (Losee, Geoffrey) |
Filing 49 MOTION for Apportionment of Custodial Costs filed by U.S. WIND, INC. (Attachments: #1 Text of Proposed Order) (Losee, Geoffrey) |
Filing 48 MOTION for Release from Custody Not Subject to Arrest or Attachment filed by U.S. WIND, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order) (Losee, Geoffrey) |
Filing 47 MOTION for Bond Approving Special Bond filed by U.S. WIND, INC. (Attachments: #1 Exhibit Special Bond Exemplar, #2 Text of Proposed Order) (Losee, Geoffrey) |
Filing 46 Notice of Special Appearance for non-district by Toyja E. Kelley on behalf of U.S. WIND, INC. (Kelley, Toyja) |
Set Hearing: Hearing set for 1/14/2020 at 03:00 PM in Elizabeth City - Courtroom before Chief Judge Terrence W. Boyle. (Stouch, L.) |
Filing 45 Memorandum in Support regarding #44 MOTION to Expedite filed by Intermoor, Inc.. (Hanley, Andrew) |
Filing 44 MOTION to Expedite filed by Intermoor, Inc.. (Hanley, Andrew) |
Filing 43 MOTION Motion to Remove Mast filed by Intermoor, Inc.. (Attachments: #1 Exhibit Memorandum in Support, #2 Exhibit Ex. 1 Aff. Adams, #3 Exhibit Ex. 2 Item List) (Penny, Andrew) |
Filing 42 Intervenor COMPLAINT , filed by Intermoor, Inc.. (Penny, Andrew) |
Filing 41 ORDER Directing Clerk to Issue Process of Maritime Attachment. Signed by Chief Judge Terrence W. Boyle on 12/10/2019. (Stouch, L.) |
Filing 40 ORDER - InterMoor's motions to intervene [DE 14], to attach property via Supplemental Rule B [DE 17], and to amend its complaint [DE 19] are GRANTED. U.S. Wind should respond to U.S. Wind's complaint and/or challenge the attachment within thirty (30) days of the date of this order. Stevens Towing, Inc. will continue to serve as substitute custodian of the Met Tower. LIM' s motions to intervene [DE 24] and for payment of custodia legis expenses [DE 31] are DENIED. The outstanding emergency motion for hearing [DE 33] is DENIED AS MOOT. Signed by Chief Judge Terrence W. Boyle on 12/10/2019. (Stouch, L.) |
Filing 39 Minute Entry for proceedings held in Elizabeth City, NC before Chief Judge Terrence W. Boyle: Motion Hearing held on 12/5/2019. All parties present and ready to proceed. Oral argument held. The Court's findings will be memorialized in a written order. (Court Reporter Tracy McGurk) (Stouch, L.) |
Filing 38 Notice of Special Appearance for non-district by Earl S. Adams on behalf of U.S. WIND, INC. (Adams, Earl) |
Filing 37 AFFIDAVIT in Support regarding #31 MOTION Payment of Custodia Legis Expenses and for Additional Security by Anthony Roberts filed by Louisiana International Marine, LLC. (Spencer, Louis) |
Filing 36 AFFIDAVIT in Support regarding #31 MOTION Payment of Custodia Legis Expenses and for Additional Security by Raymond Royal filed by Louisiana International Marine, LLC. (Spencer, Louis) |
Filing 35 Memorandum in Opposition regarding #31 MOTION Payment of Custodia Legis Expenses and for Additional Security filed by U.S. WIND, INC. (Attachments: #1 Affidavit Exhibit B: Affidavit of Simon Rich - Stevens Towing, #2 Exhibit Exhibit C: 12-3-19 Picture of Met Tower, #3 Exhibit Exhibit A: Payment of $45000 to LIM) (Losee, Geoffrey) |
Set Hearing: Motions Hearing set for 12/5/2019 at 02:00 PM in Elizabeth City - Courtroom before Chief Judge Terrence W. Boyle. (Stouch, L.) |
Filing 34 Memorandum in Support regarding #33 Emergency MOTION for Hearing regarding #24 MOTION to Intervene , #31 MOTION Payment of Custodia Legis Expenses and for Additional Security filed by Louisiana International Marine, LLC. (Spencer, Louis) |
Filing 33 Emergency MOTION for Hearing regarding #24 MOTION to Intervene , #31 MOTION Payment of Custodia Legis Expenses and for Additional Security filed by Louisiana International Marine, LLC. (Spencer, Louis) |
Filing 32 Memorandum in Support regarding #31 MOTION Payment of Custodia Legis Expenses and for Additional Security filed by Louisiana International Marine, LLC. (Attachments: #1 Exhibit Ex. 1 - Invoice, #2 Unpublished Decision, #3 Unpublished Decision, #4 Unpublished Decision) (Spencer, Louis) |
Filing 31 MOTION Payment of Custodia Legis Expenses and for Additional Security filed by Louisiana International Marine, LLC. (Spencer, Louis) |
Filing 30 Notice of Appearance filed by Andrew J. Hanley on behalf of Intermoor, Inc.. (Hanley, Andrew) |
Filing 29 Notice of Appearance filed by Andrew J. Hanley on behalf of Intermoor, Inc.. (Hanley, Andrew) |
Filing 28 RESPONSE regarding #23 Memorandum in Opposition filed by Intermoor, Inc.. (Hanley, Andrew) |
Filing 27 AFFIDAVIT regarding #24 MOTION to Intervene and Verified Complaint in Intervention by Louisiana International Marine, LLC (Spencer, Louis) |
Filing 26 Financial Disclosure Statement by Louisiana International Marine, LLC (Spencer, Louis) |
Filing 25 Memorandum in Support regarding #24 MOTION to Intervene filed by Louisiana International Marine, LLC. (Spencer, Louis) |
Filing 24 MOTION to Intervene filed by Louisiana International Marine, LLC. (Attachments: #1 Exhibit A - Complaint in Intervention, #2 Exhibit 1 - Charter Party, #3 Exhibit 2 - Invoice) (Spencer, Louis) |
Filing 23 Memorandum in Opposition regarding #14 MOTION to Intervene by U.S. WIND, INC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Terms, #3 Exhibit Service Agreement) (Losee, Geoffrey) |
Filing 22 USM 285 Form - Summons, Complaint, Order for Arrest served on 10/10/2019. (Stouch, L.) |
Filing 21 Notice filed by U.S. WIND, INC Verified Statement of Interest. (Losee, Geoffrey) |
Filing 20 Financial Disclosure Statement by Intermoor, Inc. (Hanley, Andrew) |
Filing 19 MOTION to Amend/Correct #14 MOTION to Intervene filed by Intermoor, Inc.. (Attachments: #1 Exhibit Verification) (Penny, Andrew) |
Filing 18 ORDER granting #12 Motion to Appoint Custodian. Signed by Chief Judge Terrence W. Boyle on 10/14/2019. (Stouch, L.) |
Filing 17 MOTION for Issuance of Warrant in rem filed by Intermoor, Inc.. (Attachments: #1 Memorandum in Support, #2 Verification) (Penny, Andrew) |
Filing 16 Notice of Appearance filed by Andrew J. Hanley on behalf of Intermoor, Inc.. (Hanley, Andrew) |
Filing 15 Memorandum in Support regarding #14 MOTION to Intervene filed by Intermoor, Inc.. (Penny, Andrew) |
Filing 14 MOTION to Intervene filed by Intermoor, Inc.. (Attachments: #1 Exhibit Ex. A Texas Complaint, #2 Exhibit Ex. B Proposed Complaint, #3 Exhibit Proposed Warrant) (Penny, Andrew) |
Filing 13 Notice of Appearance filed by Andrew Darrell Penny on behalf of Intermoor, Inc.. (Penny, Andrew) |
Filing 12 MOTION to Appoint Custodian filed by U.S. WIND, INC. (Attachments: #1 Text of Proposed Order Order Appointing Substitute Custodian) (Losee, Geoffrey) |
Filing 11 Notice of Appearance filed by Louis G. Spencer on behalf of Louisiana International Marine, LLC. (Spencer, Louis) |
Motion Submitted to Chief Judge Terrence W. Boyle regarding #12 MOTION to Appoint Custodian. (Stouch, L.) |
Filing 10 WARRANT of Arrest issued. (Edwards, S.) |
Filing 9 ORDER granting #5 Motion to Appoint Custodian. Signed by Chief Judge Terrence W. Boyle on 10/9/2019. (Stouch, L.) |
Filing 8 ORDER granting #4 Motion for Issuance of Warrant in rem. Signed by Chief Judge Terrence W. Boyle on 10/9/2019. (Stouch, L.) |
Filing 7 Notice filed by U.S. WIND, INC of Tender of Deposit with Marshal. (Attachments: #1 Exhibit EX A- Wire Transfer Confirmation (Redacted)) (Losee, Geoffrey) |
Filing 6 Financial Disclosure Statement by U.S. WIND, INC identifying Corporate Parent Renexia S.p.A., Corporate Parent Toto Corp for U.S. WIND, INC. (Losee, Geoffrey) |
Filing 5 MOTION to Appoint Custodian filed by U.S. WIND, INC. (Attachments: #1 Proposed Summons Order Appointing Substitute Custodian) (Losee, Geoffrey) |
Filing 4 MOTION for Issuance of Warrant in rem filed by U.S. WIND, INC. (Attachments: #1 Text of Proposed Order Order for Issuance of Warrant of Arrest, #2 Text of Proposed Order Warrant for Arrest) (Losee, Geoffrey) |
Filing 3 Notice of Appearance filed by Laura Katherine Greene on behalf of U.S. WIND, INC. (Greene, Laura) |
Filing 2 Notice of Appearance filed by Geoffrey A. Losee on behalf of U.S. WIND, INC. (Losee, Geoffrey) |
Filing 1 COMPLAINT under Exigent Circumstances against U.S. WIND MET MAST TOWER, in rem ( Filing fee $ 400 receipt number 0417-5136707.), filed by U.S. WIND, INC. (Attachments: #1 Exhibit Certificate of Approval, #2 Civil Cover Sheet, #3 Proposed Summons) (Losee, Geoffrey) |
Motions Submitted to Chief Judge Terrence W. Boyle regarding #5 MOTION to Appoint Custodian, #4 MOTION for Issuance of Warrant in rem. (Stouch, L.) |
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