Kondot S.A. v. Duron LLC
| Kondot S.A. |
| Duron LLC |
| Mid-Ship Group LLC |
| Duron Capital LLC d/b/a Duron Trading |
| 1:2020cv03103 |
| July 13, 2020 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Pamela K Chen |
| Ramon E Reyes |
| Contract: Marine |
| 09 U.S.C. § 1 U.S. Arbitration Act |
| None |
Docket Report
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This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.
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Filing 27
SCHEDULING ORDER: Video Initial Conference set for 9/30/2020 at 09:30 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video and all other participates may join by phone using the Toll number: 1 917-933-2166 and Conference ID:811 346 658#. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 9/25/2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/9/2020. (Vertus, Miriam)
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ORDER: Defendant and Interested Party's #26 motion to withdraw their request for a Rule E hearing is granted. The schedule set by the Court during the September 3, 2020 hearing is adjourned sine die, and the October 2, 2020 evidentiary hearing is cancelled. Ordered by Judge Pamela K. Chen on 9/8/2020. (Wisotsky, Shira)
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| Filing 26 Letter MOTION to Withdraw request for a Rule E hearing, cancel hearing of Oct. 2, 2020 and corresponding pleading and discovery deadlines, by Duron Capital LLC d/b/a Duron Trading, Duron LLC. (Vignocchi, Clayton) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Maritime Rule E hearing held on 9/3/2020, via video. Appearances by Patrick Lennon and Kevin Lennon for Plaintiff; Clayton Vignocchi and Vincent Foley for the Defendant and Interested Party; and George Kontakis for the Garnishee. Case called. Discussion held. The Court defers ruling on Defendant's Rule E motion, pending limited discovery, supplemental briefing, and an evidentiary hearing. Plaintiff shall file its amended complaint by September 10, 2020. The parties shall engage in limited discovery, ending on September 17, 2020. Plaintiff shall file a supplemental brief by September 24, 2020, and Defendant shall respond by October 1, 2020. Both parties shall indicate whether they intend to call witnesses at the evidentiary hearing when they submit their supplemental briefing. The Court shall hold an evidentiary hearing on October 2, 2020, at 2 p.m., via video conference. The public may access the audio of the video by dialing 571-353-2300, and using access code 038106492. (Court Reporter Charleane Heading.) (Abdallah, Fida) |
| Filing 25 REPLY in Opposition re #22 Letter filed by Kondot S.A.. (Attachments: #1 Exhibit Exhibits A-G) (Lennon, Kevin) |
| Filing 24 NOTICE of Appearance by Clayton Joseph Vignocchi on behalf of Duron Capital LLC d/b/a Duron Trading (aty to be noticed) (Vignocchi, Clayton) |
| Filing 23 NOTICE of Appearance by Vincent J. Foley on behalf of Duron Capital LLC d/b/a Duron Trading (aty to be noticed) (Foley, Vincent) |
| Filing 22 Letter /Supplemental letter in support of Duron Trading's request to vacate the attachment of certain funds, by Duron LLC (Attachments: #1 Exhibit 1-7) (Vignocchi, Clayton) |
| Filing 21 Letter to The Honorable Pamela K. Chen from George K. Kontakis on behalf of non-party garnishee Mid-Ship Group LLC, pursuant to Court's Order dated August 20, 2020 by Mid-Ship Group LLC (Kontakis, George) |
| Filing 20 ANSWER to #1 Complaint, / Non-Party Garnishee Mid-Ship Group LLC's Answer to Verified Complaint by Mid-Ship Group LLC. (Kontakis, George) |
| Email Notification Test - DO NOT REPLY (Layne, Monique) |
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ORDER: The Court amends its prior scheduling order as follows: Should Plaintiff elect to file a response to Defendant's and/or Garnishee's supplemental brief, it shall do so by 5 p.m. on September 2, 2020. Ordered by Judge Pamela K. Chen on 8/21/2020. (Wisotsky, Shira)
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| Filing 19 NOTICE of Appearance by Patrick F. Lennon on behalf of Kondot S.A. (aty to be noticed) (Lennon, Patrick) |
| Filing 18 NOTICE of Appearance by Vincent J. Foley on behalf of Duron LLC (aty to be noticed) (Foley, Vincent) |
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ORDER granting #17 Motion to Adjourn Hearing: The hearing scheduled for 8/27/2020 will be held on 9/3/2020 at 12 noon, via video. The Court amends the supplemental briefing schedule as follows: supplemental letters by defendant and garnishee shall be filed by 8/28/2020; plaintiff's response, if any, shall be filed by 9/2/2020. The public may access the audio of the video by dialing 571-353-2300, and using access code 038106492. Ordered by Judge Pamela K. Chen on 8/20/2020. (Abdallah, Fida)
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| Filing 17 Letter MOTION to Adjourn Conference /hearing scheduled for Aug. 27, 2020 and to amend schedule for filing supplemental letters, by Duron LLC. (Vignocchi, Clayton) |
| Filing 16 ANSWER to #1 Complaint, and Affirmative Defenses, by Duron LLC. (Vignocchi, Clayton) |
| Filing 15 NOTICE of Appearance by Clayton Joseph Vignocchi on behalf of Duron LLC (aty to be noticed) (Vignocchi, Clayton) |
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ORDER: The Court grants #16 Defendant's request and schedules a hearing under Supplemental Admiralty Rule E for Plaintiff to establish cause why the process of maritime attachment should not be vacated. The hearing will take place, via video conference, on August 27, 2020, at 11 a.m. The public may access the audio of the video by dialing 571-353-2300, and using access code 038106492. Additionally, by August 21, 2020, Plaintiff, Defendant, and Garnishee may file supplemental letters prior to the hearing. Ordered by Judge Pamela K. Chen on 8/14/2020. (Wisotsky, Shira)
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ORDER: Plaintiff shall file a letter updating the Court as to the status of this matter by August 21, 2020. Ordered by Judge Pamela K. Chen on 8/14/2020. (Wisotsky, Shira)
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Filing 14
ORDER: Considering the ex parte nature of the proceedings, and the fact that Plaintiff has submitted amended documents, the Court supplements its statements and findings at the July 15, 2020 hearing, granting Plaintiff's application for a writ of maritime attachment. Plaintiff shall, via e-mail, promptly provide copies of this memorandum and order to both garnishee and Defendant. Ordered by Judge Pamela K. Chen on 7/22/2020. (Wisotsky, Shira)
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ORDER: In light of #13 Plaintiff's letter, the Court finds that #6 Plaintiff's motion to compel arbitration, and the Court's July 15, 2020 Order to Show Cause, are moot. The July 20, 2020 motion hearing is adjourned sine die. Ordered by Judge Pamela K. Chen on 7/17/2020. (Wisotsky, Shira)
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| Filing 13 Letter by Kondot S.A. (Lennon, Kevin) |
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Filing 12
ORDER APPOINTING SPECIAL PROCESS SERVER PURSUANT TO F.R.C.P. RULE 4(c). Ordered by Judge Pamela K. Chen on 7/15/2020. (Abdallah, Fida)
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Filing 11
ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER. Ordered by Judge Pamela K. Chen on 7/15/2020. (Abdallah, Fida)
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| Filing 9 APPLICATION for Writ of Maritime Attachment and Garnishment by Kondot S.A. (Attachments: #1 Proposed Writ of Maritime Attachment, #2 Proposed Order Proposed Supplemental Rule B Order, #3 Proposed Order Proposed Order for Alternate Process Server) (Lennon, Kevin) |
| Filing 8 AFFIDAVIT/AFFIRMATION re #1 Complaint, (Amended Declaration in Support of Motion to Compel Arbitration and Issuance of Supplemental Rule Maritime Attachment by Kondot S.A. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Lennon, Kevin) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Ex parte motion hearing held on July 15, 2020. Appearance by Kevin John Lennon for Plaintiff. Case called. Discussion held. For the reasons stated on the record, the Court grants Plaintiff's motion for a writ of attachment against garnishee Mid-Ship LLC. Plaintiff shall promptly file an amended memorandum of law and attorney's declaration electronically via ECF, and submit via e-mail to Chen_Chambers@nyed.uscourts.gov, and electronically file via ECF, a revised draft of the writ of attachment. The Court also granted Plaintiffs request to employ alternative process to serve the attachment order. Following the Court's issuance of the writ, Plaintiff may use an alternative process server, i.e., not the U.S. Marshals Service, to serve the writ on Mid-Ship LLC. The Court defers ruling on Plaintiff's motion to compel arbitration until Defendant has had an opportunity to respond. The Court shall shortly issue a show cause order, which Plaintiff will provide written notice of to Defendant by tomorrow, July 16, 2020, following service of the writ of attachment on the garnishee. Plaintiff may provide notice of the show cause order to Defendant via e-mail. Defendant will file its response to the show cause order by Friday, July 17, 2020, and the Court will schedule a motion hearing for Monday, July 20, 2020. (Court Reporter Anthony Mancuso.) (Abdallah, Fida) |
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ORDER TO SHOW CAUSE: Defendant is directed to show cause, by Friday, July 17, 2020, why the Court should not grant Plaintiff's #6 motion to compel arbitration, and require Defendant to appoint an arbitrator. Plaintiff may file a reply to Defendant's response by Sunday July 19, 2020, at 12 p.m. The Court will hold a show cause hearing on this matter on Monday, July 20, 2020, at 2:30 p.m, via telephone. The parties shall call 888-684-8852 and use access code 7245547. Plaintiff shall email this show cause order to Defendant along with the motion papers. Ordered by Judge Pamela K. Chen on 7/15/2020. Modified on 7/15/2020. (Abdallah, Fida)
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| Filing 7 Letter by Kondot S.A. (Lennon, Kevin) |
| Filing 6 APPLICATION for Writ of Maritime Attachment and Garnishment by Kondot S.A. (Attachments: #1 Proposed Writ of Maritime Attachment, #2 Proposed Supplemental Rule B Order, #3 Proposed Order for Alternate Process Server) (Lennon, Kevin) |
| Filing 5 AFFIDAVIT/AFFIRMATION re #1 Complaint, (Declaration in Support of Motion to Compel Arbitration and Issuance of Supplemental Rule Maritime Attachment) by Kondot S.A. (Lennon, Kevin) |
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ORDER: The Court received Plaintiff's e-mail attaching its proposed orders. Plaintiff also asked whether it should submit a proposed order to compel. The Court will discuss that question with Plaintiff at the hearing tomorrow. Unless otherwise instructed, all further communication with the Court shall be filed electronically via ECF. Ordered by Judge Pamela K. Chen on 7/14/2020. (Wisotsky, Shira)
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ORDER: The Court corrects its prior order. The motion hearing will be held via telephone tomorrow, July 15, 2020, at 9:30 a.m. Ordered by Judge Pamela K. Chen on 7/14/2020. (Wisotsky, Shira)
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ORDER: The Court shall hold a motion hearing on #5 #6 Plaintiff's application for a writ and motion to compel tomorrow morning, July 14, 2020, at 9:30 a.m. The hearing will be held via telephone. Plaintiff shall call the conference number 888-684-8852 and use access code 7245547. The Court is also in receipt of #7 Plaintiff's letter. Plaintiff shall e-mail Microsoft Word versions of [6-1] [6-2] [6-3] its proposed orders to Chen_Chambers@nyed.uscourts.gov. Plaintiff shall not email to Chambers any additional documents, such as its memorandum of law. All additional documents shall be filed electronically. Ordered by Judge Pamela K. Chen on 7/14/2020. (Wisotsky, Shira)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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) |
| Filing 2 Corporate Disclosure Statement by KONDOT S.A. (Lennon, Kevin) |
| Filing 1 COMPLAINT against DURON LLC filing fee $ 400, receipt number ANYEDC-13053512 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by KONDOT S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Lennon, Kevin) (Additional attachment(s) added on 7/13/2020: #4 Civil Cover Sheet, #5 Exhibit) (Bowens, Priscilla). |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
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