Abrams v. Standard Caribbean Shipping, Inc. et al
| Hazel Abrams |
| Standard Caribbean Shipping, Inc. and Williams Worldwide Shipping & Trading Inc. |
| 1:2022cv04325 |
| July 22, 2022 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Peggy Kuo |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1333 Admiralty |
| Plaintiff |
Docket Report
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ORDER terminating #6 Motion for Order to Show Cause -- Plaintiff has withdrawn #10 her application for a temporary restraining order and preliminary injunction #6 . Accordingly, the hearing scheduled for 2:00 p.m. this afternoon is cancelled. Ordered by Judge Eric R. Komitee on 8/1/2022. (Hsu, Aaron)
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| Filing 10 Letter Brief by Hazel Abrams (Washington, Shellon) |
| Filing 9 AFFIDAVIT/AFFIRMATION re Order to Show Cause,, by Hazel Abrams (Washington, Shellon) |
| Filing 8 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Show Cause Hearing held on 7/29/2022. Case called. Discussion held. Hearing continued to August 1, 2022, at 2:00 p.m. in person in Courtroom 6G North on the 6th floor of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. As discussed, in advance of the hearing, Plaintiff shall submit a letter brief. (Recorded on AT&T Teleconference Bridge.) (Guy, Alicia) |
| Filing 7 Letter by Hazel Abrams (Washington, Shellon) |
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ORDER -- Federal Rule of Civil Procedure 65(b)(1) precludes a district court from issuing a temporary restraining order without notice to the adverse party or its attorney unless the "movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." By 2:00 p.m. on July 29, 2022, Plaintiff shall file a letter either (a) containing proof that notice has been given in accordance with the Federal Rules of Civil Procedure, or (b) specifically identifying where in her prior filings the certification referred to in Rule 65(b)(1) appears (or providing the certification, if it has not yet been filed). If Plaintiff seeks to rely on Rule 65(b)(1), her further submission should also explain how she would suffer "immediate and irreparable injury, loss, or damage" under Rule 65(b)(1)(A), given the apparent discrepancy between Plaintiff's own affidavit (stating that the goods at issue would become subject to disposal by the Guyanese government "on or about August 5, 2022 or the next business day thereof") and her attorney's affidavit in support (stating that the fourteen-day storage period at issue will end "on or about July 31, 2022"). By that same time, Plaintiff should also file a revised proposed temporary restraining order detailing (1) the exact documents that she seeks to obtain from Defendants and (2) the amount and calculation of demurrage charges she seeks to have Defendants pay. Per Rule II.C.1 of Judge Komitee's Individual Rules and Practices, Plaintiff must email to chambers a copy of that proposed order in Microsoft Word. The request for revisions to the proposed order should not be understood to indicate any view, at this point, on whether a TRO will issue or not. Ordered by Judge Eric R. Komitee on 7/29/2022. (Guy, Alicia)
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| Filing 6 First MOTION for Order to Show Cause by Hazel Abrams. (Attachments: #1 Memorandum in Support, #2 Affidavit in Support, #3 Exhibit A, #4 Exhibit B) (Washington, Shellon) |
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ORDER -- By 1:00 p.m. on July 29, 2022, Defendants shall respond in writing as to why Plaintiff should not be granted the relief she requests in her application for a temporary restraining order #6 . A telephonic conference in this matter will be held at 4:00 p.m. on July 29, 2022. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Plaintiff is directed to serve a copy of this Order on Defendants no later than 9:15 a.m. on July 29, 2022. Ordered by Judge Eric R. Komitee on 7/28/2022. (Guy, Alicia)
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Filing 5
SCHEDULING ORDER: An Initial Conference will be held in this case on November 8, 2022 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. By November 3, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 7/26/2022. (O'Neil-Berven, Ryan)
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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 Summons Issued as to Standard Caribbean Shipping, Inc., Williams Worldwide Shipping & Trading Inc.. (Bowens, Priscilla) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Peggy Kuo. 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) |
| Filing 1 COMPLAINT against Standard Caribbean Shipping, Inc., Williams Worldwide Shipping & Trading Inc. filing fee $ 402, receipt number ANYEDC-15775881 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by HAZEL ABRAMS. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Washington, Shellon) |
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