Fire Island Ferries Incorporated et al v. Ogu
| Fire Island Ferries Incorporated, Fire Island Terminal I, LLC and Fire Island Terminal, Inc. |
| In the Matter of the Complaint |
| Sarah Ogu |
| 2:2018cv04346 |
| August 1, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F Bianco |
| Anne Y Shields |
| Marine |
| 28 U.S.C. ยง 1333 Admiralty |
| None |
Docket Report
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| Filing 5 NOTICE OF COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY (Bollbach, Jean)certified copy mailed to counsel on docket |
Filing 4
ORDER : ORDERED that the above-described Ad Interim Stipulation for Value, with interest as aforesaid, filed by petitioners for the benefit of any and all claimants as security representing the petitioners' interest in the value of the vessel as of the date of the alleged incident, be and is hereby approved; and. IT IS FURTHER ORDERED that the Court, only upon motion and good cause shown, shall cause appraisement of the value of petitioners' interest in the vessel on the date of the alleged incident, and may thereupon order said security increased or reduced if it finds the amount thereof insufficient or excessive; and IT IS FURTHER ORDERED that any claimant in these proceedings may express, only upon good cause shown and by written notice filed with the Court and served upon all parties of record, its dissatisfaction with Travelers Property Casualty Company of America as surety. In this event, petitioners shall within thirty (30) days of the entry of an order by the Court concerning the surety, cause security to be posted in the form provided by Supplemental Rule F(l) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and satisfactory to this Court failing which the injunction entered concurrently herewith will be vacated as to all claimants, and the Court will make such further orders as the justice of the cause may require; and IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk of this Court to all persons, firms, entities or corporations, having any claim or suit against the petitioners with respect to which the Complaint seeks exoneration from or limitation of liability, admonishing them to file their respective claims with the Clerk of this Court, in writing, and to deliver or mail to the attorneys for the petitioners, James E. Mercante, Esq., RUBIN, FIORELLA & FRIEDMAN LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy thereof, ON OR BEFORE THE 26 DAY OF October 2018, or be defaulted; and that 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 petitioners, or be defaulted. IT IS FURTHER ORDERED that the aforesaid Notice shall be published in a newspaper with a general circulation, once a week for four (4) weeks before the return date of said Notice, as provided by the aforesaid Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and copies of said Notice shall be mailed by petitioners in accordance with this Rule to every person known to have any claim against the vessel, or petitioners, or to their attorneys; and IT IS FURTHER ORDERED that the further prosecution of any and all actions, suits and proceedings already commenced and the commencement or prosecution hereafter of any and all suits, actions, or proceedings of any nature and description whatsoever in any Court of any jurisdiction, or otherwise, against the petitioners, insurer, and/or the vessel, and the taking of any steps and the making of any motion in such actions, suits or proceedings except in this action, with respect to the aforesaid alleged incident, be and they hereby are restrained, stayed and enjoined until the hearing and determination of this action, and all warrants of arrest of the vessel and/or attachments issued or sought in such other suits, actions or legal proceedings be and the same are hereby dissolved and further warrants of arrest of the vessel and/or attachments are hereby prohibited; and IT IS FURTHER ORDERED that service of this Order as a Restraining Order be made through the Post Office by mailing a conformed copy hereof to the person or persons to be restrained, or to their respective attorneys. Ordered by Judge Joseph F. Bianco on 8/21/2018. (Bollbach, Jean)
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| 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 8/2/2018: #2 Additional Corrections) (Rodin, Deanna). |
| Incorrect Document Entry Information. The claimant was missing from the case; claimant was added; document entry #1 was deleted and re-entered against claimant. (Rodin, Deanna) |
| Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Anne Y. Shields. 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. (Rodin, Deanna) |
| Filing 1 COMPLAINT for Exoneration from or Limitation of Liability against Sarah Ogu, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Fire Island Terminal, Inc., Fire Island Terminal I, LLC, Fire Island Ferries Incorporated. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Notice, #5 Proposed Order) (Rodin, Deanna) Modified on 8/2/2018 (Rodin, Deanna). |
| FILING FEE: $400, receipt number 0207-10625003 (Rodin, Deanna) |
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