In Re: In the Matter of the Complaint of Miller's Launch, Inc.

Plaintiff: In the Matter of the Complaint of Miller's Launch, Inc.
Petitioner: Miller's Launch, Inc.
Case Number: 1:2022cv05429
Filed: September 12, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Ann M Donnelly
Referring Judge: Cheryl L Pollak
Nature of Suit: Marine
Cause of Action: 28 U.S.C. § 1333 Admiralty
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 19, 2022 Filing 6 NOTICE of Complaint for Exoneration from or Limitation of Liability. All persons having any claim or suit against Petitioner arising or resulting from the casualty must file them at the U.S. Courthouse, EDNY, 225 Cadman Plaza East, Brooklyn, NY 11201, and delivered or mailed to the attorneys for the petitioner, James E. Mercante, Esq., RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, on or before October 21, 2022. Further, any claimant desiring to contest Petitioner's right either to Exoneration from or Limitation of Liability shall file an Answer to the Complaint on or before the aforesaid date as required by Supplemental Rule "F" of the Federal Rules of Civil Procedure, and deliver or mail a copy to the attorney for the Petitioner, or be defaulted. (Greene, Donna)
September 19, 2022 Filing 5 ORDER: SEE ATTACHED ORDER. The Ad Interim Stipulation for Value in the sum of $43,000.00, with interest, is hereby approved. A notice shall be issued by the Clerk of this Court to all persons asserting claims with respect to which the Complaint seeks exoneration and limitation admonishing such persons to file their respective claims with the Clerk of this Court in writing, and to serve on the attorneys for the petitioner a copy on or before October 21, 2022 or be defaulted. The public notice be given by publication in a newspaper with a general circulation. If any claimant desires to contest either the right to exoneration from or the right to limitation of liability, such claimant shall file an Answer to the Complaint on or before the aforesaid date, unless the claim has included an Answer to the Complaint, as required by Supplemental Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and deliver or mail a copy to the attorneys for the Petitioner, or be defaulted. The further prosecution of any and all suits now pending and the making of any motions in such suits are restrained, stayed and enjoined until the hearing and determination of this proceeding. Service of this Order as a restraining order shall be made through the Post Office by mailing a conformed copy of this Order to the person or persons to be restrained, or to their respective attorneys. Ordered by Judge Ann M. Donnelly on 9/19/2022. (Greene, Donna) Modified on 9/19/2022 to correct sum (Greene, Donna).
September 16, 2022 Filing 4 COMPLAINT against In the Matter of the Complaint of Miller's Launch, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by In the Matter of the Complaint of Miller's Launch, Inc.. (Attachments: #1 Exhibit A-Value of the Vessel after the incident., #2 Exhibit B-Executed Ad Interim Stipulation for Value., #3 Notice of LOLA, #4 Proposed Order, #5 Civil Cover Sheet) (Stern, Michael)
September 15, 2022 ORDER: The petitioner's filings provide two different dates for the occurrence of the incident involving its vessel. The petitioner is directed to re-file the complaint and exhibits with the correct date of the incident. Ordered by Judge Ann M. Donnelly on 9/15/2022. (Gianotti, Claire)
September 12, 2022 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
September 12, 2022 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)
September 12, 2022 Filing 1 COMPLAINT for Exoneration from or Limitation of Liability against In the Matter of the Complaint of Miller's Launch, Inc., as Owner or Owner pro hac vice of M/V EMILY MILLER, a 1978 31-foot crew boat, for Exoneration from or Limitation of Liability filing fee $ 402, receipt number ANYEDC-15929362 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by In the Matter of the Complaint of Miller's Launch, Inc., as Owner or Owner pro hac vice of M/V EMILY MILLER, a 1978 31-foot crew boat, for Exoneration from or Limitation of Liability. (Attachments: #1 Exhibit A - Value of the Vessel after the incident, #2 Exhibit B - Executed Ad Interim Stipulation for Value., #3 Notice of LOLA, #4 Proposed Order, #5 Civil Cover Sheet) (Stern, Michael)
September 12, 2022 Case Assigned to Judge Ann M Donnelly and Chief Magistrate Cheryl L. Pollak. 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)

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Plaintiff: In the Matter of the Complaint of Miller's Launch, Inc.
Represented By: Michael Evan Stern
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Petitioner: Miller's Launch, Inc.
Represented By: Michael Evan Stern
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