U.S. WIND, INC v. U.S. Wind Met Mast Tower
Plaintiff: US Wind Inc.
Defendant: U.S. WIND MET MAST TOWER, in rem
Intervenor Plaintiff: MARMAC, LLC
Intervenor: Intermoor, Inc.
Claimant: Louisiana International Marine, LLC
Case Number: 1:2020cv00975
Filed: April 16, 2020
Court: US District Court for the District of Maryland
Presiding Judge: Stephanie A Gallagher
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28:1333
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 12, 2020 Opinion or Order Filing 86 PAPERLESS ORDER granting #84 Consent Motion to Stay Proceedings. Signed by Judge Stephanie A. Gallagher on 5/12/2020. (dass, Deputy Clerk)
May 8, 2020 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)
May 7, 2020 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)
May 7, 2020 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)
May 1, 2020 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)
April 30, 2020 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)
April 30, 2020 Telephone Status Conference held on 4/30/2020 before Judge Stephanie A. Gallagher.(Court Reporter: Patricia Mitchell) (chs, Deputy Clerk)
April 27, 2020 Filing 80 MEMORANDUM to Counsel re: Status Conference. Signed by Judge Stephanie A. Gallagher on 4/27/2020. (ols, Deputy Clerk)
April 20, 2020 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)
April 20, 2020 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)
April 15, 2020 Opinion or Order 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.)
April 14, 2020 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.)
April 9, 2020 Filing 76 REPLY to Response to Motion regarding #68 MOTION Payment of Custodia Legis Expenses filed by Intermoor, Inc.. (Penny, Andrew)
April 3, 2020 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)
March 30, 2020 Filing 74 RESPONSE to Motion regarding #66 MOTION to Intervene filed by Intermoor, Inc.. (Hanley, Andrew)
March 30, 2020 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)
March 30, 2020 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)
March 13, 2020 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)
March 13, 2020 Filing 70 MOTION for Hearing regarding #68 MOTION Payment of Custodia Legis Expenses filed by MARMAC, LLC. (Spencer, Louis)
March 13, 2020 Filing 69 Memorandum in Support regarding #68 MOTION Payment of Custodia Legis Expenses filed by MARMAC, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Spencer, Louis)
March 13, 2020 Filing 68 MOTION Payment of Custodia Legis Expenses filed by MARMAC, LLC. (Spencer, Louis)
March 13, 2020 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.).
March 13, 2020 Filing 66 MOTION to Intervene filed by MARMAC, LLC. (Attachments: #1 Proposed Complaint, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Affidavit) (Spencer, Louis)
March 11, 2020 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)
February 29, 2020 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)
February 29, 2020 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)
February 29, 2020 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.).
February 29, 2020 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)
February 11, 2020 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.)
February 10, 2020 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.).
February 10, 2020 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)
February 5, 2020 Filing 58 Notice filed by U.S. WIND, INC Notice of Posting Special Bond. (Attachments: #1 Exhibit A) (Losee, Geoffrey)
January 29, 2020 Opinion or Order 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.)
January 27, 2020 Filing 56 RESPONSE in Opposition regarding #49 MOTION for Apportionment of Custodial Costs filed by Intermoor, Inc.. (Penny, Andrew)
January 16, 2020 Opinion or Order 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.)
January 14, 2020 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.)
January 10, 2020 Filing 53 Memorandum in Support regarding #52 MOTION to Stay filed by U.S. WIND, INC. (Losee, Geoffrey)
January 10, 2020 Filing 52 MOTION to Stay filed by U.S. WIND, INC. (Attachments: #1 Text of Proposed Order) (Losee, Geoffrey)
January 10, 2020 Filing 51 RESPONSE in Opposition regarding #43 MOTION Motion to Remove Mast filed by U.S. WIND, INC. (Losee, Geoffrey)
January 10, 2020 Filing 50 Memorandum in Support regarding #49 MOTION for Apportionment of Custodial Costs filed by U.S. WIND, INC. (Losee, Geoffrey)
January 10, 2020 Filing 49 MOTION for Apportionment of Custodial Costs filed by U.S. WIND, INC. (Attachments: #1 Text of Proposed Order) (Losee, Geoffrey)
January 10, 2020 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)
January 10, 2020 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)
January 10, 2020 Filing 46 Notice of Special Appearance for non-district by Toyja E. Kelley on behalf of U.S. WIND, INC. (Kelley, Toyja)
January 9, 2020 Set Hearing: Hearing set for 1/14/2020 at 03:00 PM in Elizabeth City - Courtroom before Chief Judge Terrence W. Boyle. (Stouch, L.)
January 8, 2020 Filing 45 Memorandum in Support regarding #44 MOTION to Expedite filed by Intermoor, Inc.. (Hanley, Andrew)
January 8, 2020 Filing 44 MOTION to Expedite filed by Intermoor, Inc.. (Hanley, Andrew)
January 3, 2020 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)
December 12, 2019 Filing 42 Intervenor COMPLAINT , filed by Intermoor, Inc.. (Penny, Andrew)
December 11, 2019 Opinion or Order Filing 41 ORDER Directing Clerk to Issue Process of Maritime Attachment. Signed by Chief Judge Terrence W. Boyle on 12/10/2019. (Stouch, L.)
December 11, 2019 Opinion or Order 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.)
December 5, 2019 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.)
December 5, 2019 Filing 38 Notice of Special Appearance for non-district by Earl S. Adams on behalf of U.S. WIND, INC. (Adams, Earl)
December 4, 2019 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)
December 4, 2019 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)
December 4, 2019 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)
December 2, 2019 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.)
November 22, 2019 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)
November 22, 2019 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)
November 22, 2019 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)
November 22, 2019 Filing 31 MOTION Payment of Custodia Legis Expenses and for Additional Security filed by Louisiana International Marine, LLC. (Spencer, Louis)
November 21, 2019 Filing 30 Notice of Appearance filed by Andrew J. Hanley on behalf of Intermoor, Inc.. (Hanley, Andrew)
November 21, 2019 Filing 29 Notice of Appearance filed by Andrew J. Hanley on behalf of Intermoor, Inc.. (Hanley, Andrew)
November 14, 2019 Filing 28 RESPONSE regarding #23 Memorandum in Opposition filed by Intermoor, Inc.. (Hanley, Andrew)
November 11, 2019 Filing 27 AFFIDAVIT regarding #24 MOTION to Intervene and Verified Complaint in Intervention by Louisiana International Marine, LLC (Spencer, Louis)
November 11, 2019 Filing 26 Financial Disclosure Statement by Louisiana International Marine, LLC (Spencer, Louis)
November 11, 2019 Filing 25 Memorandum in Support regarding #24 MOTION to Intervene filed by Louisiana International Marine, LLC. (Spencer, Louis)
November 11, 2019 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)
October 31, 2019 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)
October 25, 2019 Filing 22 USM 285 Form - Summons, Complaint, Order for Arrest served on 10/10/2019. (Stouch, L.)
October 17, 2019 Filing 21 Notice filed by U.S. WIND, INC Verified Statement of Interest. (Losee, Geoffrey)
October 16, 2019 Filing 20 Financial Disclosure Statement by Intermoor, Inc. (Hanley, Andrew)
October 15, 2019 Filing 19 MOTION to Amend/Correct #14 MOTION to Intervene filed by Intermoor, Inc.. (Attachments: #1 Exhibit Verification) (Penny, Andrew)
October 15, 2019 Opinion or Order Filing 18 ORDER granting #12 Motion to Appoint Custodian. Signed by Chief Judge Terrence W. Boyle on 10/14/2019. (Stouch, L.)
October 14, 2019 Filing 17 MOTION for Issuance of Warrant in rem filed by Intermoor, Inc.. (Attachments: #1 Memorandum in Support, #2 Verification) (Penny, Andrew)
October 14, 2019 Filing 16 Notice of Appearance filed by Andrew J. Hanley on behalf of Intermoor, Inc.. (Hanley, Andrew)
October 11, 2019 Filing 15 Memorandum in Support regarding #14 MOTION to Intervene filed by Intermoor, Inc.. (Penny, Andrew)
October 11, 2019 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)
October 11, 2019 Filing 13 Notice of Appearance filed by Andrew Darrell Penny on behalf of Intermoor, Inc.. (Penny, Andrew)
October 11, 2019 Motion Submitted to Chief Judge Terrence W. Boyle regarding #12 MOTION to Appoint Custodian. (Stouch, L.)
October 11, 2019 Filing 12 MOTION to Appoint Custodian filed by U.S. WIND, INC. (Attachments: #1 Text of Proposed Order Order Appointing Substitute Custodian) (Losee, Geoffrey)
October 11, 2019 Filing 11 Notice of Appearance filed by Louis G. Spencer on behalf of Louisiana International Marine, LLC. (Spencer, Louis)
October 10, 2019 Filing 10 WARRANT of Arrest issued. (Edwards, S.)
October 10, 2019 Opinion or Order Filing 9 ORDER granting #5 Motion to Appoint Custodian. Signed by Chief Judge Terrence W. Boyle on 10/9/2019. (Stouch, L.)
October 10, 2019 Opinion or Order 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.)
October 9, 2019 Motions Submitted to Chief Judge Terrence W. Boyle regarding #5 MOTION to Appoint Custodian, #4 MOTION for Issuance of Warrant in rem. (Stouch, L.)
October 9, 2019 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)
October 9, 2019 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)
October 9, 2019 Filing 5 MOTION to Appoint Custodian filed by U.S. WIND, INC. (Attachments: #1 Proposed Summons Order Appointing Substitute Custodian) (Losee, Geoffrey)
October 9, 2019 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)
October 9, 2019 Filing 3 Notice of Appearance filed by Laura Katherine Greene on behalf of U.S. WIND, INC. (Greene, Laura)
October 9, 2019 Filing 2 Notice of Appearance filed by Geoffrey A. Losee on behalf of U.S. WIND, INC. (Losee, Geoffrey)
October 9, 2019 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)

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Intervenor plaintiff: MARMAC, LLC
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Defendant: U.S. WIND MET MAST TOWER, in rem
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Intervenor: Intermoor, Inc.
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Claimant: Louisiana International Marine, LLC
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Plaintiff: US Wind Inc.
Represented By: Toyja E Kelley
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