British Marine PLC v. Aavanti Shipping & Chartering Ltd. et al
Plaintiff: British Marine PLC
Defendant: Aavanti Shipping & Chartering Ltd., Anik Industries, Ltd., Aavanti Chartering Limited, Madhya Pradesh Glychem Industries Ltd. and Ruchi Soya Industries Ltd.
Garnishee: Wego Chemical & Mineral Corp.
Case Number: 1:2013cv00839
Filed: February 14, 2013
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Brian M Cogan
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1333 Admiralty
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 24, 2020 Opinion or Order ORDER. This Court's Order of 4/20/2020 is modified to provide that the Clerk shall release the $146,087.50 to non-party Wego Chemical & Mineral Corp. together with all interest accrued. Ordered by Judge Brian M. Cogan on 4/24/2020. (Weisberg, Peggy)
April 20, 2020 Opinion or Order ORDER granting #128 motion to release deposit. Because Wego's motion has gone unopposed, the Clerk is directed to release from the Treasury Registry $146,087.50 to non-party Wego Chemical & Mineral Corp. Ordered by Judge Brian M. Cogan on 4/20/2020. (Weisberg, Peggy)
February 16, 2020 Opinion or Order ORDER re: #128 . The premotion conference is waived. This letter is deemed to constitute Wego's motion. Plaintiff shall respond to the motion within 14 days, failing which Wego's motion will be granted. Ordered by Judge Brian M. Cogan on 2/16/2020. (Weisberg, Peggy)
February 14, 2020 Opinion or Order Filing 128 Letter Request for Leave to File Motion to Release Deposit by Wego Chemical & Mineral Corp. (Horz, Laurie)
December 14, 2019 Opinion or Order Civil Case Terminated. The parties have not complied with the Court's Order requiring a status report every 6 months. Although the Court is obviously pleased at the expedited manner in which the arbitration has proceeded (heading toward seven years and apparently still going), the Court is administratively closing this matter as it appears that the Court will not be needed to take further action. Any party may request reinstatement of the action within 30 days of any arbitral award, if that time period has not passed already. Ordered by Judge Brian M. Cogan on 12/14/2019. (Cogan, Brian)
June 4, 2019 Opinion or Order Filing 127 STATUS REPORT re: Arbitration Status by British Marine PLC (Patzelt-Russo, Melissa)
December 4, 2018 Opinion or Order Filing 126 STATUS REPORT re: Arbitration Status by British Marine PLC (Patzelt-Russo, Melissa)
September 4, 2018 Opinion or Order ORDER re: #124 . Attorney Edward W. Floyd terminated. Ordered by Judge Brian M. Cogan on 9/4/2018. (Weisberg, Peggy)
August 31, 2018 Opinion or Order Filing 125 NOTICE of Appearance by Melissa D. Patzelt-Russo on behalf of British Marine PLC (aty to be noticed) (Patzelt-Russo, Melissa)
August 30, 2018 Opinion or Order Filing 124 NOTICE by British Marine PLC Edward W. Floyd Withdrawal of Appearance (non-lead attorney) (Floyd, Edward)
August 30, 2018 Opinion or Order Filing 123 NOTICE of Change of Attorney firm (concurrently filing withdrawal of appearance) eff. Jun. 5, 2017 by Edward W. Floyd (Floyd, Edward)
May 29, 2018 Opinion or Order Filing 122 STATUS REPORT re: Arbitration Status by British Marine PLC (Van Praag, Alan)
February 26, 2018 Opinion or Order Filing 121 NOTICE of Change of Address, Firm, Email by Alan Van Praag (Van Praag, Alan)
December 4, 2017 Opinion or Order Filing 120 STATUS REPORT re: Arbitration Status by British Marine PLC (Van Praag, Alan)
June 2, 2017 Opinion or Order Filing 119 STATUS REPORT re: Arbitration Status by British Marine PLC (Van Praag, Alan)
January 6, 2017 Opinion or Order Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendants Anik Industries, Ltd., Ruchi Soya Industries Ltd. have failed to appear or otherwise defend this action, the default of Defendants Anik Industries, Ltd., Ruchi Soya Industries Ltd. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure and as directed by an Order issued by Judge Brian M. Cogan on January 5, 2017. (Hamilton, Janet)
January 5, 2017 Opinion or Order Filing 118 AFFIDAVIT of Service for Court's Order dated January 5, 2017 served on Anik Industries, Ltd. (f/k/a Madhya Pradesh Glychem Industries Ltd.) and Ruchi Soya Industries Ltd. on January 5, 2017, filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
January 5, 2017 Opinion or Order ORDER granting #114 Motion to withdraw as counsel. Anik and Ruchi have not opposed their counsel's motion to withdraw within the extended time set by the Court and so the motion is granted. They have also been advised that their answer would be stricken and a default entered against them if they did not appear by substitute counsel within the time set by the Court because business entities cannot appear pro se and they have not done that either. Accordingly, their answer is stricken and the Clerk is directed to enter their default upon the docket. Mr. Burlage is directed to print out a copy of this Order, mail it to the last known address or addresses of Anik and Ruchi, and file proof that he has done so within 72 hours. Ordered by Judge Brian M. Cogan on 1/5/2017. (Cogan, Brian)
December 27, 2016 Opinion or Order Filing 117 Letter MOTION for Extension of Time to File Response/Reply as to #116 Order,,, by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
December 27, 2016 Opinion or Order ORDER granting #117 Motion for Extension of Time to File Response/Reply. These defendants can have until 1/4/17 to respond to the Court's Order. However, the Court does not serve to provide leverage to counsel over his clients. If the proposed "resolution" is that counsel gets paid his arrears and will continue to represent these defendants, counsel should get paid enough up front, because the Court will likely not be sympathetic to a second motion to be relieved for non-payment. Ordered by Judge Brian M. Cogan on 12/27/2016. (Cogan, Brian)
December 5, 2016 Opinion or Order Filing 116 ORDER dated 12/4/16 that the Court's requirement for a pre-motion conference is waived, and this letter constitutes Clyde & Co.'s motion to withdraw as counsel for Anik Industries, Ltd. and Ruchi Soya Industries, Ltd. Clyde & Co. is ordered to serve this Endorsed Letter and Order on their clients by 12/7/16. Anik and Ruchi are advised that as corporations, they cannot appear in connection with this motion without counsel; therefore, they must retain separate counsel to oppose the motion to withdraw. if Anik & Ruchi fail to have counsel appear to oppose the motion or defend this action by 12/27/16, the Clerk of Court will be directed to strike their answer and docket an entry of default against them re #114 Letter MOTION for pre motion conference filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd. ( Ordered by Judge Brian M. Cogan on 12/4/2016 ) (Guzzi, Roseann)
December 5, 2016 Opinion or Order Filing 115 Letter by British Marine PLC (Floyd, Edward)
December 2, 2016 Opinion or Order Filing 114 Letter MOTION for pre motion conference by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
May 31, 2016 Opinion or Order Filing 113 Letter re: status of the arbitration by British Marine PLC (Van Praag, Alan)
March 29, 2016 Opinion or Order Filing 112 NOTICE of Change of Address by Laurie Sayevich Horz (Horz, Laurie)
December 3, 2015 Opinion or Order Filing 111 STATUS REPORT re: Arbitration Status by British Marine PLC (Floyd, Edward)
June 3, 2015 Opinion or Order Filing 110 STATUS REPORT by British Marine PLC (Floyd, Edward)
December 3, 2014 Opinion or Order Filing 109 Letter , dated December 3, 2014, from Edward W. Floyd to Hon. Brian M. Cogan regarding Arbitration Status by British Marine PLC (Floyd, Edward)
June 6, 2014 Opinion or Order ORDER terminating as moot #87 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Brian M. Cogan on 6/6/2014. (Weisberg, Peggy)
June 3, 2014 Opinion or Order Filing 108 MEMORANDUM DECISION AND ORDER. For the foregoing reasons, defendants' motion to dismiss the Second Amended Complaint on the grounds of forum non conveniens at #79 and plaintiff's motion to strike affirmative defenses at #101 are denied. Plaintiff's motion for discovery to supplement its opposition to the forum non conveniens motion at #105 is denied as moot. Defendants' motion to stay at #74 is granted. At six month intervals beginning from the date of this Order, the parties will report as to the status of the London arbitration between Aavanti and British Marine, and whether there has been any resolution that warrants reconsideration of the stay. Ordered by Judge Brian M. Cogan on 6/3/2014. (Barrett, C)
April 7, 2014 Opinion or Order Filing 107 REPLY in Support re #101 Notice of MOTION to Strike #65 Answer to Amended Complaint Defendants' Second, Third, Fourth, Fifth, Sixth, and Seventh Affirmative Defenses filed by British Marine PLC. (Floyd, Edward)
March 20, 2014 Opinion or Order Filing 106 MEMORANDUM in Opposition re #101 Notice of MOTION to Strike #65 Answer to Amended Complaint Defendants' Second, Third, Fourth, Fifth, Sixth, and Seventh Affirmative Defenses filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
March 14, 2014 Opinion or Order Filing 105 Letter MOTION for pre motion conference , jointly submitted on behalf of counsel for all parties, Letter MOTION for Discovery , jointly submitted on behalf of counsel for all parties, Letter MOTION to Produce , jointly submitted on behalf of counsel for all parties by British Marine PLC. (Attachments: #1 Exhibit A - Plaintiff's First Request for Production of Documents, dated February 10, 2014, #2 Exhibit B - Defendant Aavanti's Objection to Discovery Demands Propounded Upon It By Plaintiff British Marine PLC, dated February 26, 2014, #3 Exhibit C - Defendants' Response and Objections To Plaintiff's First Request for Production of Documents, dated February 27, 2014) (Floyd, Edward)
March 10, 2014 Opinion or Order Filing 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 7, 2013, before Judge Judge Cogan. Court Reporter/Transcriber Sherry Bryant, Telephone number 718-613-2636. Email address: sbryant102@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2014. Redacted Transcript Deadline set for 4/10/2014. Release of Transcript Restriction set for 6/9/2014. (Bryant, Sherry)
March 7, 2014 Opinion or Order Filing 103 AFFIDAVIT/DECLARATION in Support re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens Reply Declaration of Ramesh Saboo filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
March 7, 2014 Opinion or Order Filing 102 REPLY to Response to Motion re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens Defendants' Reply Memorandum of Law in Support of Motion to Dismiss Second Amended Complaint Pursuant to the Doctrine of Forum Non Conveniens filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
February 27, 2014 Opinion or Order Filing 101 Notice of MOTION to Strike #65 Answer to Amended Complaint Defendants' Second, Third, Fourth, Fifth, Sixth, and Seventh Affirmative Defenses by British Marine PLC. Responses due by 3/20/2014 (Attachments: #1 Memorandum in Support Plaintiff British Marine PLC's Memorandum of Law In Support of Motion Pursuant to FRCP Rules 12(f)(2) and (h) to Strike Affirmative Defenses of Defendants Anik Industries, Ltd. and Ruchi Soya Industries Ltd. As Insufficient and/or Waived) (Floyd, Edward)
February 21, 2014 Opinion or Order Filing 100 NOTICE by Aavanti Shipping & Chartering Ltd. re #74 MOTION to Stay re #39 Amended Complaint,,,,, Defendant's Rule 44.1 Notice of Intention to Raise Issues of Foreign Law (Wanchoo, Rahul)
February 21, 2014 Opinion or Order Filing 99 AFFIDAVIT/DECLARATION in Support re #74 MOTION to Stay re #39 Amended Complaint,,,,, filed by Aavanti Shipping & Chartering Ltd.. (Attachments: #1 Exhibit, #2 Exhibit) (Wanchoo, Rahul)
February 21, 2014 Opinion or Order Filing 98 REPLY to Response to Motion re #74 MOTION to Stay re #39 Amended Complaint,,,,, filed by Aavanti Shipping & Chartering Ltd.. (Wanchoo, Rahul)
February 19, 2014 Opinion or Order Filing 97 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6739685. by Aavanti Shipping & Chartering Ltd.. (Attachments: #1 Affidavit in Support, #2 Proposed Order) (Wanchoo, Rahul)
February 19, 2014 Opinion or Order ORDER granting #97 Motion for Aglaia Davis to Appear Pro Hac Vice as counsel for defendant Aavanti Shipping & Chartering Ltd. Ordered by Judge Brian M. Cogan on 2/19/2014. (Weisberg, Peggy)
February 18, 2014 Opinion or Order Filing 96 MEMORANDUM in Opposition re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens filed by British Marine PLC. (Floyd, Edward)
February 18, 2014 Opinion or Order Filing 95 NOTICE by British Marine PLC re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens Plaintiff's Rule 44.1 Notice of Intention To Raise Issues of Foreign Law (Floyd, Edward)
February 18, 2014 Opinion or Order Filing 94 AFFIDAVIT/DECLARATION in Opposition re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens filed by British Marine PLC. (Attachments: #1 Exhibit Exhibit to Declaration of Atul Rajadhyaksha) (Floyd, Edward)
February 18, 2014 Opinion or Order Filing 93 AFFIDAVIT/DECLARATION in Opposition re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens filed by British Marine PLC. (Attachments: #1 Exhibit Exhibit to Declaration of Alan Bekhor) (Floyd, Edward)
February 18, 2014 Opinion or Order Filing 92 AFFIDAVIT/DECLARATION in Opposition re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens filed by British Marine PLC. (Attachments: #1 Exhibit Exhibit A to Floyd Declaration, #2 Exhibit Exhibit B to Floyd Declaration, #3 Exhibit Exhibit C to Floyd Declaration, #4 Exhibit Exhibit D to Floyd Declaration, #5 Exhibit Exhibit E to Floyd Declaration, #6 Exhibit Exhibit F to Floyd Declaration, #7 Exhibit Exhibit G to Floyd Declaration, #8 Exhibit Exhibit H to Floyd Declaration, #9 Exhibit Exhibit I to Floyd Declaration, #10 Exhibit Exhibit J to Floyd Declaration, #11 Exhibit Exhibit K to Floyd Declaration, #12 Exhibit Exhibit L to Floyd Declaration, #13 Exhibit Exhibit M to Floyd Declaration, #14 Exhibit Exhibit N to Floyd Declaration, #15 Exhibit Exhibit O to Floyd Declaration, #16 Exhibit Exhibit P to Floyd Declaration, #17 Exhibit Exhibit Q to Floyd Declaration) (Floyd, Edward)
February 8, 2014 Opinion or Order Filing 91 MOTION to Stay re #74 MOTION to Stay re #39 Amended Complaint,,,,, by Aavanti Shipping & Chartering Ltd.. (Wanchoo, Rahul)
February 3, 2014 Opinion or Order Filing 90 NOTICE by British Marine PLC re #74 MOTION to Stay re #39 Amended Complaint,,,,, Plaintiff's Rule 44.1 Notice of Intention To Raise Issues of Foreign Law (Floyd, Edward)
February 3, 2014 Opinion or Order Filing 89 MEMORANDUM in Opposition re #74 MOTION to Stay re #39 Amended Complaint,,,,, filed by British Marine PLC. (Floyd, Edward)
February 3, 2014 Opinion or Order Filing 88 NOTICE by British Marine PLC re #87 MOTION for Leave to Electronically File Document under Seal Plaintiff's Rule 44.1 Notice of Intention To Raise Issues of Foreign Law (Floyd, Edward)
February 3, 2014 Opinion or Order Filing 87 MOTION for Leave to Electronically File Document under Seal by British Marine PLC. (Attachments: #1 Declaration First Declaration of Kamal Mukhi In Opposition To Defendant Aavanti Shipping & Chartering Ltd.'s Motion To Stay Action and Discovery Or Dismiss On Grounds of Pending Arbitration, #2 Declaration Declaration of Kamal Mukhi In Support of Motion For Leave To File Under Seal, #3 Declaration Declaration of Edward W. Floyd In Support of Motion For Leave To Electronically File Papers Under Seal) (Floyd, Edward)
February 3, 2014 Opinion or Order Filing 86 RESPONSE to Motion re #74 MOTION to Stay re #39 Amended Complaint,,,,, Declaration of John R. Keough, III, in Response to Aavanti's Motion to Stay Action and Discovery or Dismiss on Grounds of Pending Arbitration filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Attachments: #1 Exhibit Ex. A- Excerpts from British Marine's Reply in India dated January 9, 2014, #2 Exhibit Ex. B- Emails dated January 22, 2014, from British Marine's London Solicitors to Anik and Ruchi re British Marine's Demand for Arbitration) (Burlage, Casey)
February 3, 2014 Opinion or Order Filing 85 RESPONSE to Motion re #74 MOTION to Stay re #39 Amended Complaint,,,,, Defendants' Memorandum of Law In Response to Defendant Aavanti's Motion to Stay Action and Discovery or Dismiss on Grounds of Pending Arbitration filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
January 29, 2014 Opinion or Order Filing 84 Letter MOTION to Amend/Correct/Supplement Order on Motion for Extension of Time to File, Status Conference,,,, by British Marine PLC. (Floyd, Edward)
January 29, 2014 Opinion or Order ORDER. Plaintiff's #84 Motion to Amend/Correct/Supplement is denied without prejudice. Plaintiff should put in his opposing papers and identify any areas of discovery that might serve to strengthen its position. The Court will then determine whether to allow supplementation of the motion once discovery is complete. Ordered by Judge Brian M. Cogan on 1/29/2014. (Weisberg, Peggy)
January 28, 2014 Opinion or Order Minute Entry and Order for Status Conference held before Judge Brian M. Cogan on 1/28/2014. All parties present. Plaintiff's motion for an extension is granted. Plaintiff's time to file its motion to strike is extended to 2/27/2014, provided it moves against all defendants. Plaintiff's opposition to defendants' motion to dismiss on the grounds of forum non conveniens is due 2/18/2014, and defendant's reply is due 3/7/2014. Plaintiff will serve any discovery requests relating to this forum non conveniens motion by 2/10/2014. Any objections to this discovery are due 2/27/2014. See transcript for details. (Court Reporter: Michele Nardone.) (Weisberg, Peggy)
January 27, 2014 Opinion or Order Filing 83 MEMORANDUM in Support re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
January 27, 2014 Opinion or Order Filing 82 AFFIDAVIT/DECLARATION in Support re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens declaration of Ramesh Saboo filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Burlage, Casey)
January 27, 2014 Opinion or Order Filing 81 AFFIDAVIT/DECLARATION in Support re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens declaration of John R. Keough, III filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Burlage, Casey)
January 27, 2014 Opinion or Order Filing 80 NOTICE by Anik Industries, Ltd., Ruchi Soya Industries Ltd. re #79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens defendants' Rule 44.1 Notice of Intention to Raise Issues of Foreign Law (Burlage, Casey)
January 27, 2014 Opinion or Order Filing 79 MOTION to Dismiss Second Amended Complaint on grounds of forum non conveniens by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. Responses due by 2/3/2014 (Burlage, Casey)
January 27, 2014 Opinion or Order Filing 78 Letter Motion to Appear by Telephone at hearing scheduled for January 28, 2014, at 3:30 p.m. by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
January 27, 2014 Opinion or Order Filing 77 Letter regarding Scheduling Order dated 1/24/2014 by Aavanti Shipping & Chartering Ltd. (Wanchoo, Rahul)
January 27, 2014 Opinion or Order ORDER. Ms. Davis may appear tomorrow on condition that reasonably soon after the hearing, she files a motion for pro hac vice admission in this case. Ordered by Judge Brian M. Cogan on 1/27/2014. (Weisberg, Peggy)
January 27, 2014 Opinion or Order ORDER granting #78 Motion to Appear by Telephone. Mr. Keough is directed to call Chambers no. 718-613-2230. Ordered by Judge Brian M. Cogan on 1/27/2014. (Weisberg, Peggy)
January 24, 2014 Opinion or Order SCHEDULING ORDER: The Court will hold a hearing on 1/28/2014 at 3:30 pm in Courtroom 8D South on plaintiff's #76 Motion for Extension of Time to File Motion to Strike. Ordered by Judge Brian M. Cogan on 1/24/2014. (Weisberg, Peggy)
January 23, 2014 Opinion or Order Filing 76 Letter MOTION for Extension of Time to File Motion to Strike Affirmative Defenses by British Marine PLC. (Floyd, Edward)
January 22, 2014 Opinion or Order Filing 75 DECISION AND ORDER granting in part and denying in part #56 Motion for Attorney Fees: Plaintiff seeks attorneys fees of $58,897 against non-party Wego Chemical & Mineral Corp. I will reduce plaintiff's fee request by 50%, taking into account all of the factors set forth above, which will result in an award of $29,448.50. Wego is ORDERED to pay this amount as directed by plaintiff within 7 days, failing which judgment will enter. Ordered by Judge Brian M. Cogan, on 1/22/2014. (Barrett, C)
January 13, 2014 Opinion or Order Filing 74 MOTION to Stay re #39 Amended Complaint,,,,, by Aavanti Shipping & Chartering Ltd.. (Attachments: #1 Declaration of Joseph Lopez) (Wanchoo, Rahul)
January 10, 2014 Opinion or Order Filing 73 Letter MOTION for Extension of Time to File defendants' motion to dismiss on grounds of forum non conveniens by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
January 10, 2014 Opinion or Order Filing 72 Letter MOTION for Extension of Time to File Motion to Strike by British Marine PLC. (Floyd, Edward)
January 10, 2014 Opinion or Order ORDER re #72 plaintiff's motion for an extension of time to file motion to strike; and #73 defendants' Anik and Ruchi's motion for extension of time to file motion to dismiss. The parties will file their motions by 1/27/2014. The Court will consider additional requests for extensions upon a showing of good cause. Ordered by Judge Brian M. Cogan on 1/10/2014. (Weisberg, Peggy)
January 6, 2014 Opinion or Order Filing 71 Letter regarding defendant Anik and Ruchi's affirmative defenses by Anik Industries, Ltd., Ruchi Soya Industries Ltd. (Burlage, Casey)
January 6, 2014 Opinion or Order Filing 70 ANSWER to #39 Amended Complaint,,,,, by Aavanti Shipping & Chartering Ltd.. (Wanchoo, Rahul)
December 23, 2013 Opinion or Order Filing 69 Letter Seeking Clarification by Wego Chemical & Mineral Corp. (Horz, Laurie)
December 23, 2013 Opinion or Order Order re: #69 . Wego's attendance at the conference is not required, as it is not a party. Ordered by Judge Brian M. Cogan on 12/23/2013. (Clarke, Melonie)
December 23, 2013 Opinion or Order Minute entry for Status Conference held before Judge Brian M. Cogan on 12/23/2013. All parties present. Defendants' letter identifying any affirmative defenses it wishes to withdraw is due 1/6/2014. Defendant Aavanti will serve its Answer by 1/6/2014. Defendants' motion to stay discovery and to dismiss on forum non-conveniens grounds, as well as plaintiff's motion to strike, if any, are due 1/13/2014. Opposition due 2/3/2014. Reply due 2/21/2014. Discovery as to the merits of plaintiff's claims against defendants is stayed pending defendants' motion to stay. See transcript for details. (Court reporter: Nicole Canales).
December 20, 2013 Opinion or Order Filing 68 Letter MOTION for pre motion conference by British Marine PLC. (Floyd, Edward)
December 19, 2013 Opinion or Order Filing 67 ORDER denying #62 #63 Motion for Reconsideration. Ordered by Judge Brian M. Cogan on 12/19/2013. (Cogan, Brian)
December 19, 2013 Opinion or Order SCHEDULING ORDER: The Court will hold a Status Conference on 12/23/2013 at 4:15 pm in Courtroom 8D South. The parties will be prepared to discuss the basis for any proposed motions, and should expect a short timetable for the filing of such motions. Ordered by Judge Brian M. Cogan on 12/19/2013. (Weisberg, Peggy)
December 9, 2013 Opinion or Order Filing 66 STATUS REPORT Joint Status Report by British Marine PLC (Floyd, Edward)
December 5, 2013 Opinion or Order Filing 65 ANSWER to #39 Amended Complaint,,,,, by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
December 4, 2013 Opinion or Order ORDER re #63 . Plaintiff need not submit opposition papers to this motion at this time. The Court will not grant the motion without providing plaintiff with notice and an opportunity to submit opposing papers. Ordered by Judge Brian M. Cogan on 12/4/2013. (Weisberg, Peggy)
December 3, 2013 Opinion or Order Filing 64 MEMORANDUM in Support re #63 MOTION for Reconsideration re #57 Order on Motion to Vacate, filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
December 3, 2013 Opinion or Order Filing 63 MOTION for Reconsideration re #57 Order on Motion to Vacate, by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
December 3, 2013 Opinion or Order Filing 62 Letter MOTION for pre motion conference by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
December 2, 2013 Opinion or Order STATUS REPORT ORDER. By 12/9/13, the parties are required to submit a joint status report that will include agreement on a proposed discovery plan or alternatively, party proposals for a discovery plan, if any discovery is still required in this action. Ordered by Judge Brian M. Cogan on 12/2/2013. (Weisberg, Peggy)
November 25, 2013 Opinion or Order Filing 61 REPLY in Support re #56 MOTION for Attorney Fees Declaration of Edward W. Floyd filed by British Marine PLC. (Floyd, Edward)
November 25, 2013 Opinion or Order Filing 60 REPLY in Support re #56 MOTION for Attorney Fees Declaration of Ted G. Semaya filed by British Marine PLC. (Floyd, Edward)
November 21, 2013 Opinion or Order Filing 59 MEMORANDUM in Opposition re #56 MOTION for Attorney Fees filed by Wego Chemical & Mineral Corp.. (Attachments: #1 Certificate of Service) (Horz, Laurie)
November 21, 2013 Opinion or Order Filing 58 AFFIDAVIT/DECLARATION in Opposition re #56 MOTION for Attorney Fees filed by Wego Chemical & Mineral Corp.. (Attachments: #1 Certificate of Service) (Horz, Laurie)
November 19, 2013 Opinion or Order Filing 57 MEMORANDUM DECISION AND ORDER. Defendants' motion #46 to vacate the Attachment Order and dismiss the Second Amended Complaint is denied. See attached order for further details. Ordered by Judge Brian M. Cogan on 11/18/2013. (Siegfried, Evan)
November 14, 2013 Opinion or Order Filing 56 MOTION for Attorney Fees by British Marine PLC. (Attachments: #1 Declaration Declaration of Edward W. Floyd In Support of Plaintiff's Motion for Attorneys' Fees, #2 Exhibit Exhibit 1 to Floyd Declaration In Support of Plaintiff's Motion for Attorneys' Fees, #3 Exhibit Exhibit 2 to Floyd Declaration In Support of Plaintiff's Motion for Attorneys' Fees, #4 Exhibit Exhibit 3 to Floyd Declaration In Support of Plaintiff's Motion for Attorneys' Fees, #5 Exhibit Exhibit 4 to Floyd Declaration In Support of Plaintiff's Motion for Attorneys' Fees, #6 Exhibit Exhibit 5 to Floyd Declaration In Support of Plaintiff's Motion for Attorneys' Fees) (Floyd, Edward)
November 12, 2013 Opinion or Order Filing 55 Letter confirming deposit into Court Registry by Wego Chemical & Mineral Corp. (Horz, Laurie)
November 12, 2013 Opinion or Order ORDER clarifying Minute Entry and Order of 11/8/2013. The clerk of the Court is to deposit the funds received from Wego into an interest-bearing account. Ordered by Judge Brian M. Cogan on 11/12/2013. (Weisberg, Peggy)
November 8, 2013 Opinion or Order Minute Entry and Order for hearing held before Judge Brian M. Cogan on 11/7/2013 on motion to hold third-party garnishee Wego in contempt. All parties present. For the reasons stated on the record, Wego is ordered to pay $146,087.50, the amount paid to Ruchi on the January 25 & 29 purchase orders in violation of this Court's Order of Attachment, into the registry of this Court by 11/12/13. Plaintiff will submit its fee request by 11/14/13. Wego and/or defendants may submit their opposition to this fee request, if any, by 11/21/13. See transcript for details. (Court reporter: Sherry Bryant). (Weisberg, Peggy)
October 28, 2013 Opinion or Order Filing 54 REPLY to Response to Motion re #46 MOTION to Vacate #7 Order and to Dismiss the Second Amended Complaint dated September 13, 2013 Defendants' Reply Memorandum of Law in Support of Motion to Vacate Ex Parte Order of Maritime Attachment and to Dismiss Complaint filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
October 21, 2013 Opinion or Order Filing 53 AFFIDAVIT/DECLARATION in Opposition re #46 MOTION to Vacate #7 Order and to Dismiss the Second Amended Complaint dated September 13, 2013 filed by British Marine PLC. (Attachments: #1 Exhibit Exhibit 1 to Declaration of Parikshit Sial) (Floyd, Edward)
October 21, 2013 Opinion or Order Filing 52 AFFIDAVIT/DECLARATION in Opposition re #46 MOTION to Vacate #7 Order and to Dismiss the Second Amended Complaint dated September 13, 2013 filed by British Marine PLC. (Attachments: #1 Memorandum in Opposition Plaintiff British Marine PLC's Memorandum of Law In Opposition To The Motion To Vacate Ex Parte Order of Maritime Attachment And To Dismiss Plaintiff's Complainit Made By Defendants Anik Industries, Ltd (f/k/a Madhya Pradesh Glychem Industries Ltd) And Ruchi Soya Industries Ltd.) (Floyd, Edward)
October 7, 2013 Opinion or Order Filing 51 NOTICE by Anik Industries, Ltd., Ruchi Soya Industries Ltd. re #46 MOTION to Vacate #7 Order and to Dismiss the Second Amended Complaint dated September 13, 2013 Rule 44.1 notice of intention to raise issues of foreign law (Burlage, Casey)
October 7, 2013 Opinion or Order Filing 50 MEMORANDUM in Support re #46 MOTION to Vacate #7 Order and to Dismiss the Second Amended Complaint dated September 13, 2013 filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
October 7, 2013 Opinion or Order Filing 49 DECLARATION re #46 MOTION to Vacate #7 Order and to Dismiss the Second Amended Complaint dated September 13, 2013 Declaration of Shailesh Kumath by Anik Industries, Ltd., Ruchi Soya Industries Ltd. (Burlage, Casey)
October 7, 2013 Opinion or Order Filing 48 DECLARATION re #46 MOTION to Vacate #7 Order and to Dismiss the Second Amended Complaint dated September 13, 2013 Declaration of R.L. Gupta by Anik Industries, Ltd., Ruchi Soya Industries Ltd. (Burlage, Casey)
October 7, 2013 Opinion or Order Filing 47 DECLARATION re #46 MOTION to Vacate #7 Order and to Dismiss the Second Amended Complaint dated September 13, 2013 Declaration of Edward Eurof Lloyd-Lewis by Anik Industries, Ltd., Ruchi Soya Industries Ltd. (Burlage, Casey)
October 7, 2013 Opinion or Order Filing 46 MOTION to Vacate #7 Order and to Dismiss the Second Amended Complaint dated September 13, 2013 by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
October 1, 2013 Opinion or Order ORDER granting #45 Motion to Adjourn. Hearing previously scheduled for 10/11/2013 is adjourned to 11/7/2013 at 4:30 pm in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 10/1/2013. (Weisberg, Peggy)
September 30, 2013 Opinion or Order Filing 45 Letter MOTION to Adjourn Conference scheduled for October 11, 2013 by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Burlage, Casey)
September 30, 2013 Opinion or Order ORDER granting #44 Motion. Hearing previously scheduled for today, 9/30/2013, is adjourned to 10/11/2013 at 3:15 pm in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 9/30/2013. (Weisberg, Peggy)
September 27, 2013 Opinion or Order Filing 44 Letter MOTION to Adjourn Conference scheduled for 9-30-13 by British Marine PLC. (Floyd, Edward)
September 24, 2013 Opinion or Order ORDER re: #40 Reply in Opposition to Order to Show Cause to Hold Garnishee In Contempt. The hearing currently scheduled for 9/30/13 at 4:30 pm will include an evidentiary hearing on the facts put forward by Wego in its opposition to contempt, including cross-examination of Wego's witness Barry Okun. The parties are directed to prepare accordingly. Ordered by Judge Brian M. Cogan on 9/24/2013. (Weisberg, Peggy)
September 23, 2013 Opinion or Order Filing 43 REPLY in Opposition #36 Certificate of Service of Declaration of Laurie Sayevich Horz and Barry Okun with Exhibits filed by Wego Chemical & Mineral Corp.. (Horz, Laurie)
September 23, 2013 Opinion or Order Filing 42 REPLY in Opposition #36 Memorandum of Law In Opposition To Order To Show Cause To Hold Garnishee In Contempt filed by Wego Chemical & Mineral Corp.. (Attachments: #1 Certificate of Service) (Horz, Laurie)
September 23, 2013 Opinion or Order Filing 41 REPLY in Opposition #35 Of Barry Okun to Order To Show Cause To Hold Garnishee In Contempt filed by Wego Chemical & Mineral Corp.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G) (Horz, Laurie)
September 23, 2013 Opinion or Order Filing 40 REPLY in Opposition #36 Order To Show Cause To Hold Garnishee In Contempt filed by Wego Chemical & Mineral Corp.. (Attachments: #1 Exhibit A) (Horz, Laurie)
September 13, 2013 Opinion or Order Filing 39 AMENDED COMPLAINT Second Amended Verified Complaint In Admiralty against Aavanti Shipping & Chartering Ltd., Anik Industries, Ltd., Ruchi Soya Industries Ltd., filed by British Marine PLC. (Attachments: #1 Exhibit Exhibit A to Second Amended Verified Complaint In Admiralty, #2 Exhibit Exhibit B to Second Amended Verified Complaint In Admiralty, #3 Exhibit Exhibit C to Second Amended Verified Complaint In Admiralty, #4 Exhibit Exhibit D to Second Amended Verified Complaint In Admiralty, #5 Exhibit Exhibit E to Second Amended Verified Complaint In Admiralty, #6 Exhibit Exhibit F to Second Amended Verified Complaint In Admiralty, #7 Exhibit Exhibit G to Second Amended Verified Complaint In Admiralty, #8 Exhibit Exhibit H to Second Amended Verified Complaint In Admiralty, #9 Exhibit Exhibit I to Second Amended Verified Complaint In Admiralty, #10 Exhibit Exhibit J to Second Amended Verified Complaint In Admiralty, #11 Exhibit Exhibit K to Second Amended Verified Complaint In Admiralty, #12 Exhibit Exhibit L to Second Amended Verified Complaint In Admiralty, #13 Exhibit Exhibit M to Second Amended Verified Complaint In Admiralty, #14 Exhibit Exhibit N to Second Amended Verified Complaint In Admiralty, #15 Exhibit Exhibit O to Second Amended Verified Complaint In Admiralty) (Floyd, Edward)
September 10, 2013 Opinion or Order ORDER granting #38 Motion for Extension of Time. Garnishee Wego's responsive papers due by 9/23/2013; Show Cause hearing adjourned to 9/30/2013 at 4:30 PM in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 9/10/2013. (Weisberg, Peggy)
September 9, 2013 Opinion or Order Filing 38 Letter MOTION for Extension of Time to File Response/Reply as to #36 Order to Show Cause,, And to Adjourn On Consent by Wego Chemical & Mineral Corp.. (Horz, Laurie)
September 6, 2013 Opinion or Order Filing 37 AFFIDAVIT of Service for 1)UNSIGNED PROPOSED ORDER TO SHOW CAUSE TO HOLD GARNISHEE IN CONTEMPT AND FOR RELATED RELIEF, filed August 20, 2013 as Docket Number 32; 2)DECLARATION OF ALAN VAN PRAAG IN SUPPORT OF MOTION BY ORDER TO SHOW CAUSE TO HOLD GARNISHEE IN CONTEMPT AND FOR RELATED RELIEF, dated and filed August 20, 2013 as Docket Number 33, WITH EXHIBITS; 3)DECLARATION OF EDWARD FLOYD, dated and filed August 20, 2013 as Docket Number 34, WITH EXHIBIT; 4)PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO HOLD NON-PARTY GARNISHEE WEGO CHEMICAL & MINERAL CORP. IN CONTEMPT AND FOR RELATED RELIEF, dated and filed August 20, 2013 as Docket Number 33-12; 5)DIGITALLY SIGNED ORDER TO SHOW CAUSE TO HOLD GARNISHEE IN CONTEMPT AND FOR RELATED RELIEF BY UNITED STATES DISTRICT JUDGE BRIAN M. COGAN, dated and filed August 30, 2013 as Docket Number 36; 6)ORDER FOR ISSUANCE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT, filed February 20, 2013 as Docket Number 7; and 7)PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT, filed February 20, 2013 as Docket Number 7. served on Edward Khalily, Co-President of Wego Chemical & Mineral Corporation, on behalf of Wego Chemical & Mineral Corporation on 09/04/2013, filed by British Marine PLC. (Van Praag, Alan)
August 30, 2013 Opinion or Order Filing 36 ORDER TO SHOW CAUSE TO HOLD GARNISHEE IN CONTEMPT AND FOR RELATED RELIEF re #32 Unsigned Order to Show Cause filed by British Marine PLC. Show Cause Hearing set for 9/23/2013 at 11:00 AM in Courtroom 8D South. The Garnishee Wego's responsive papers to this application due by 9/16/2013. Further Ordered that the Plaintiff shall serve and file a copy of this Order and supporting papers upon Wego by personal delivery and filed through this Court's ECF system no later than 9/6/2013, which shall constitute due and sufficient service and notice thereof. Ordered by Judge Brian M. Cogan on 8/30/2013. (See Order for further detail) (Clarke, Melonie)
August 22, 2013 Opinion or Order Filing 35 Letter reply to British Marine's letter dated August 2, 2013 by Anik Industries, Ltd., Ruchi Soya Industries Ltd. (Burlage, Casey)
August 22, 2013 Opinion or Order Minute Entry and Order for Status and Premotion conferences before Judge Brian M. Cogan on 8/22/2013. All parties present. Plaintiff will file an amended complaint by 9/13/2013. Defendants may move to dismiss the complaint and vacate the attachment by 10/7/2013. Plaintiff will submit its opposition by 10/21/2013. Defendants' reply, if any, is due 10/28/2013. See transcript for details. (Court reporter: Charleane Heading). (Weisberg, Peggy)
August 20, 2013 Opinion or Order Filing 34 DECLARATION re #33 Declaration,,,, #32 Unsigned Order to Show Cause To Hold Garnishee In Contempt and For Related Relief by British Marine PLC (Attachments: #1 Exhibit Exhibit 1 to Floyd Declaration In Support of Motion for Contempt) (Floyd, Edward)
August 20, 2013 Opinion or Order Filing 33 DECLARATION re #32 Unsigned Order to Show Cause To Hold Garnishee In Contempt and For Related Relief by British Marine PLC (Attachments: #1 Exhibit Exhibit 1 to Van Praag Declaration In Support of Motion for Contempt, #2 Exhibit Exhibit 2 to Van Praag Declaration In Support of Motion for Contempt, #3 Exhibit Exhibit 3 to Van Praag Declaration In Support of Motion for Contempt, #4 Exhibit Exhibit 4 to Van Praag Declaration In Support of Motion for Contempt, #5 Exhibit Exhibit 5 to Van Praag Declaration In Support of Motion for Contempt, #6 Exhibit Exhibit 6 to Van Praag Declaration In Support of Motion for Contempt, #7 Exhibit Exhibit 7 to Van Praag Declaration In Support of Motion for Contempt, #8 Exhibit Exhibit 8 to Van Praag Declaration In Support of Motion for Contempt, #9 Exhibit Exhibit 9 to Van Praag Declaration In Support of Motion for Contempt, #10 Exhibit Exhibit 10 to Van Praag Declaration In Support of Motion for Contempt, #11 Exhibit Exhibit 11 to Van Praag Declaration In Support of Motion for Contempt, #12 Memorandum in Support Memorandum of Law In Support of Motion for Contempt) (Van Praag, Alan)
August 20, 2013 Opinion or Order Filing 32 Unsigned Order to Show Cause To Hold Garnishee In Contempt and For Related Relief by British Marine PLC (Van Praag, Alan)
August 2, 2013 Opinion or Order Filing 31 Letter response to Ruchi Soya Industries Ltd. and Anik Industries, Ltd pre-motion letter, filed July 9, 2013 (docket no. 26) by British Marine PLC (Van Praag, Alan)
July 18, 2013 Opinion or Order Filing 30 Letter informing the Court of the decision of the Second Circuit Court of Appeals in Blue Whale Corp. v. Grand China Shipping Dev. Co., Ltd., 13-0192-cv (2d Cir. July 16, 2013) by Anik Industries, Ltd., Ruchi Soya Industries Ltd. (Burlage, Casey)
July 17, 2013 Opinion or Order ORDER. The Court's July 4, 2013 Order instructed that #11 defendants' motion to dismiss the complaint and dissolve the Order of Attachment would be denied without prejudice to renewal at trial unless defendants advised the Court within seven days that they wished to proceed with the motion after plaintiff has had a full opportunity for expedited discovery as to the details of the relationship between the three defendants and with Wego. More than seven days have passed, and defendants have not so advised the Court. Accordingly, #11 defendants' motion to dismiss the complaint and dissolve the Order of Attachment is denied without prejudice to renewal at trial. The separate #26 proposed motion to vacate the Order or Attachment and to dismiss the amended complaint, which was filed by defendants Anik Industries, Ltd. and Ruchi Soya Industries Ltd., remains pending. In order to schedule discovery in this matter, a status conference will be held in conjunction with the premotion conference which has been set for 8/22/2013 at 2:15 pm in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 7/17/2013. (Weisberg, Peggy)
July 16, 2013 Opinion or Order Email Notification Test - DO NOT REPLY
July 12, 2013 Opinion or Order Filing 29 RESPONSE to Motion re #28 MOTION to Adjourn Conference and filing of letter response filed by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Keough, John)
July 12, 2013 Opinion or Order Filing 28 MOTION to Adjourn Conference and filing of letter response by British Marine PLC. (Van Praag, Alan)
July 12, 2013 Opinion or Order ORDER as to #28 #29 plaintiff's Motion to Adjourn Conference and defendants' response. Plaintiff will file its detailed response by 8/2/2013; Premotion Conference is adjourned to 8/22/2013 at 2:15 pm in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 7/12/2013. (Weisberg, Peggy)
July 10, 2013 Opinion or Order Filing 27 NOTICE of Appearance by Casey D. Burlage on behalf of Anik Industries, Ltd., Ruchi Soya Industries Ltd. (aty to be noticed) (Burlage, Casey)
July 9, 2013 Opinion or Order Filing 26 Letter MOTION for pre motion conference re #16 Amended Complaint,, #7 Order by Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Keough, John)
July 9, 2013 Opinion or Order ORDER re #26 Letter Motion for pre motion conference. Plaintiff is directed to file a detailed response to defendants' letter by 7/15/2013. A Premotion Conference on defendants' proposed motion to vacate #7 and proposed motion to dismiss #16 will be held on 7/17/2013 at 2:15 pm in Courtroom 4E North. Ordered by Judge Brian M. Cogan on 7/9/2013. (Weisberg, Peggy)
July 8, 2013 Opinion or Order Filing 25 Letter MOTION for pre motion conference by British Marine PLC. (Van Praag, Alan)
July 8, 2013 Opinion or Order ORDER re #25 Motion for pre motion conference. Premotion conference is waived. Plaintiff may submit an Order to Show Cause for Contempt and Other Relief, together with proof in support, which the Court will enter. Ordered by Judge Brian M. Cogan on 7/8/2013. (Weisberg, Peggy)
July 4, 2013 Opinion or Order Filing 24 ORDER. Defendants shall notify the Court within 7 days as to whether they want to proceed with expedited discovery and an evidentiary hearing on the motion in the absence of which the Court will deny it without prejudice to raising the issues at trial. See attached Order for details. Ordered by Judge Brian M. Cogan on 7/4/2013. (Cogan, Brian)
July 1, 2013 Opinion or Order Filing 23 AFFIDAVIT in Support re #22 Reply in Support of Motion to Dismiss Complaint and Vacate Attachment by Aavanti Shipping & Chartering Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Wanchoo, Rahul)
July 1, 2013 Opinion or Order Filing 22 REPLY in Support of Motion to Dismiss Complaint and Vacate Attachment filed by Aavanti Shipping & Chartering Ltd.. (Wanchoo, Rahul)
June 17, 2013 Opinion or Order Filing 21 MOTION for Extension of Time to File Response/Reply as to #20 Affidavit in Opposition to Motion,,, #19 Memorandum in Opposition by Aavanti Shipping & Chartering Ltd.. (Wanchoo, Rahul)
June 17, 2013 Opinion or Order Filing 20 AFFIDAVIT/DECLARATION in Opposition re #11 Letter MOTION for pre motion conference re #7 Order filed by British Marine PLC. (Attachments: #1 Exhibit Exhibit 1 to Declaration of Alan Van Praag, #2 Exhibit Exhibit 2 to Declaration of Alan Van Praag, #3 Exhibit Exhibit 3 to Declaration of Alan Van Praag, #4 Exhibit Exhibit 4 to Declaration of Alan Van Praag, #5 Exhibit Exhibit 5 to Declaration of Alan Van Praag, #6 Exhibit Exhibit 6 to Declaration of Alan Van Praag, #7 Exhibit Exhibit 7 to Declaration of Alan Van Praag, #8 Exhibit Exhibit 8 to Declaration of Alan Van Praag, #9 Exhibit Exhibit 9 to Declaration of Alan Van Praag, #10 Exhibit Exhibit 10 to Declaration of Alan Van Praag) (Van Praag, Alan)
June 17, 2013 Opinion or Order Filing 19 MEMORANDUM in Opposition To Defendant Aavanti Shipping & Chartering Ltd.'s Motion To Dismiss The Verified Complaint In Admiralty And To Vacate The Order Of Attachment filed by British Marine PLC. (Van Praag, Alan)
June 17, 2013 Opinion or Order ORDER granting #21 Motion for Extension of Time to File Response to plaintiff's opposition to 7/1/2013. Ordered by Judge Brian M. Cogan on 6/17/2013. (Weisberg, Peggy)
June 13, 2013 Opinion or Order Filing 18 Amended Summons Issued as to Aavanti Shipping & Chartering Ltd.. (A/k/a Aavanti Chartering Limited) (Riquelme, Claudia)
June 10, 2013 Opinion or Order Filing 17 Letter to permit Aavanti to submit a formal Motion to Dismiss/Vacate the Plaintiffs Amended Complaint and Rule B Attachment by Aavanti Shipping & Chartering Ltd. (Wanchoo, Rahul)
June 10, 2013 Opinion or Order ORDER re #17 Letter filed by Aavanti Shipping & Chartering Ltd. This Court's Individual Practice Rules quite clearly state that a party must file a letter detailing the grounds of any proposed motion and requesting a premotion conference. If defendant wants to make a motion to dismiss the amended complaint, what is therefore needed is a detailed letter explaining what is wrong with the allegations in the Amended Complaint and the attachment, and if that raises a disputed point of law, citation to the most pertinent legal authority. The Court awaits such a letter from defendant so that it can either schedule a premotion conference or determine, like it did with regard to defendant's prior request for a premotion conference, that no such conference is necessary. Ordered by Judge Brian M. Cogan on 6/10/2013. (Cogan, Brian)
June 7, 2013 Opinion or Order Filing 16 AMENDED COMPLAINT against All Defendants, filed by British Marine PLC. (Attachments: #1 Exhibit Exhibit A to Amended Complaint, #2 Exhibit Exhibit B to Amended Complaint, #3 Exhibit Exhibit C to Amended Complaint, #4 Exhibit Exhibit D to Amended Complaint, #5 Exhibit Exhibit E to Amended Complaint, #6 Exhibit Exhibit F to Amended Complaint, #7 Exhibit Exhibit G to Amended Complaint, #8 Exhibit Exhibit H to Amended Complaint, #9 Exhibit Exhibit I to Amended Complaint, #10 Exhibit Exhibit J to Amended Complaint, #11 Exhibit Exhibit K to Amended Complaint, #12 Exhibit Exhibit L to Amended Complaint) (Van Praag, Alan)
June 3, 2013 Opinion or Order Filing 15 Letter by Aavanti Shipping & Chartering Ltd. (Wanchoo, Rahul)
June 3, 2013 Opinion or Order Filing 14 Letter by British Marine PLC (Van Praag, Alan)
June 3, 2013 Opinion or Order Filing 13 AFFIDAVIT of Service for VERIFIED COMPLAINT IN ADMIRALTY, RULE 7.1 STATEMENT, SUMMONSES IN A CIVIL ACTION, filed February 14, 2013, INDIVIDUAL PRACTICES OF JUDGE BRIAN M. COGAN, April 2011 Edition, ORDER FOR ISSUANCE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT, dated February 20, 2013, SUPPLEMENTAL PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT, dated April 10, 2013, CM/ECF USERS GUIDE, Revised February 2013, and INTERROGATORIES TO GARNISHEE, dated February 21, 2013 served on Marc Selter, Vice-President of Strategy and Transformation for Jaguar Freight Services on 04/18/2013, filed by British Marine PLC. (Van Praag, Alan)
June 3, 2013 Opinion or Order Filing 12 AFFIDAVIT of Service for VERIFIED COMPLAINT IN ADMIRALTY, RULE 7.1 STATEMENT, SUMMONSES IN A CIVIL ACTION, filed February 14, 2013, INDIVIDUAL PRACTICES OF JUDGE BRIAN M. COGAN, April 2011 Edition, ORDER FOR ISSUANCE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT, and PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT, both dated February 20, 2013, CM/ECF USERS GUIDE, Revised February 2013, and INTERROGATORIES TO GARNISHEE, dated February 21, 2013 served on Bert Eshaghpour, Co-President of Wego Chemical & Mineral Corporation, and Barry Okun, Chief Financial Officer of Wego Chemical & Mineral Corporation on 02/21/2013, filed by British Marine PLC. (Van Praag, Alan)
June 3, 2013 Opinion or Order ORDER re #14 Letter filed by British Marine PLC. First of all, this letter should have been designated as a "Motion" on ECF since it seeks relief from the Court. Second, even if properly filed as a "letter," the ECF subject line must describe the substance of the letter (e.g., "letter requesting 10 day extension to respond to motion to dismiss"), so that the docket remains intelligible. This goes for both sides, as defendants' letter was no more compliant. Now on to equally important things. It is rude not to consent to a 10 day extension requested by an adversary in the absence of real prejudice, and there is none here. Assuming plaintiff puts in opposition to the motion to dismiss, defendants are going to have to file a reply anyway. Why make life harder for one's adversary? Because defense counsel is annoyed at having to defend the lawsuit? That's his job. If plaintiff's counsel has engaged in vexatious litigation, the Court won't hesitate to impose sanctions. Does defense counsel really think plaintiff's counsel is making it up when he says he's attached property in this district? He should be so lucky. (As to "prompt" notice, prompt is of course the ultimate relative term in law.) Plaintiff is granted until 6/17/2013 to file opposition to the motion. More petty bickering is likely to result in a sanction against somebody. Ordered by Judge Brian M. Cogan on 6/3/2013. (Cogan, Brian)
May 31, 2013 Opinion or Order Filing 11 Letter MOTION for pre motion conference re #7 Order by Aavanti Shipping & Chartering Ltd.. (Wanchoo, Rahul)
May 31, 2013 Opinion or Order Filing 10 NOTICE of Appearance by Rahul Wanchoo on behalf of Aavanti Shipping & Chartering Ltd. (aty to be noticed) (Wanchoo, Rahui) Modified on 5/31/2013 to reflect correct spelling of counsel's name (Siegfried, Evan)
May 31, 2013 Opinion or Order ORDER denying as moot #11 Motion for Pre Motion Conference in that this letter is hereby deemed to constitute defendant's motion to dismiss. Plaintiff is required to serve opposition by 6/7/13. However, the Court has reviewed the parties' papers and Judge Nathan's decision in British Marine PLC v. Aavanti Shipping & Chartering Ltd., No. 12-cv-08645 (S.D.N.Y. April 25, 2013), and those papers are deemed incorporated into the docket of this Court. Unless there are additional facts not included there, this Court is inclined to agree with Judge Nathan that plaintiff's showing is too speculative to sustain jurisdiction under Rule B. Ordered by Judge Brian M. Cogan on 5/31/2013. (Cogan, Brian)
April 22, 2013 Opinion or Order Filing 9 STATUS REPORT by British Marine PLC (Van Praag, Alan)
April 16, 2013 Opinion or Order STATUS REPORT ORDER. There has been no activity in this case since 2/20/2013. The Court therefore directs plaintiff to file a Status Report by 4/23/2013. Ordered by Judge Brian M. Cogan on 4/16/2013. (Weisberg, Peggy)
February 20, 2013 Opinion or Order Filing 7 ORDER FOR ISSUANCE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT. Ordered by Judge Brian M. Cogan on 2/20/2013. Three certified copies sent to plaintiff's counsel. (Siegfried, Evan)
February 20, 2013 Opinion or Order Filing 6 ORDER APPOINTING PERSON TO SERVE PROCESS. ORDERED, that Alan Van Praag, or any other partner, associate, paralegal or agent of Eaton & Van Winkle LLP be and hereby is appointed, in addition to the United States Marshal, to serve the Process of Maritime Attachment and Garnishment upon garnishees listed in the Process, together with any other garnishees who, based upon information developed subsequent hereto by the Plaintiff, may hold assets for or on account of Defendants. Ordered by Judge Brian M. Cogan on 2/20/2013. (Siegfried, Evan)
February 20, 2013 Opinion or Order Filing 5 DECLARATION In Support of an Order Appointing A Person to Serve Process by British Marine PLC (Attachments: #1 Proposed Order Proposed Form of Order Appointing Person To Serve Process, #2 Proposed Order Proposed Form Of Order For Issuance Of Process Of Maritime Attachment And Garnishment, #3 Proposed Order Proposed Form of Order of Process of Maritime Attachment and Garnishment) (Van Praag, Alan)
February 14, 2013 Opinion or Order Filing 4 DISCLOSURE of Interested Parties by British Marine PLC. (Bowens, Priscilla)
February 14, 2013 Opinion or Order Filing 3 Summons Issued as to Anik Industries, Ltd., Ruchi Soya Industries Ltd.. (Bowens, Priscilla)
February 14, 2013 Opinion or Order Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
February 14, 2013 Opinion or Order Filing 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -yes,, filed by British Marine PLC. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)
February 14, 2013 Opinion or Order FILING FEE: $ 350, receipt number 4653055083 (Bowens, Priscilla)

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Search for this case: British Marine PLC v. Aavanti Shipping & Chartering Ltd. et al
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Defendant: Aavanti Shipping & Chartering Ltd.
Represented By: Rahul Wanchoo
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Defendant: Anik Industries, Ltd.
Represented By: John R. Keough, III
Represented By: Casey D. Burlage
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Defendant: Aavanti Chartering Limited
Represented By: Rahul Wanchoo
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Defendant: Madhya Pradesh Glychem Industries Ltd.
Represented By: John R. Keough, III
Represented By: Casey D. Burlage
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Defendant: Ruchi Soya Industries Ltd.
Represented By: John R. Keough, III
Represented By: Casey D. Burlage
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Plaintiff: British Marine PLC
Represented By: Alan Van Praag
Represented By: Melissa D. Patzelt-Russo
Represented By: Edward W. Floyd
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Garnishee: Wego Chemical & Mineral Corp.
Represented By: Laurie Sayevich Horz
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