In the Matter of the Complaint of Vincent Schlosser
Plaintiff: Gustavo Mejia
Petitioner: Vincent Schlosser
In Re: In the Matter of the Complaint of Vincent Schlosser
Case Number: 2:2018cv04940
Filed: August 30, 2018
Court: US District Court for the Eastern District of New York
Presiding Judge: Sandra J Feuerstein
Referring Judge: A Kathleen Tomlinson
Nature of Suit: Marine
Cause of Action: 28 U.S.C. ยง 1333
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2018 Filing 6 NOTICE OF COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY - PLEASE TAKE FURTHER NOTICE that all persons, firms, entities or corporations, having any claim or suit against Petitioner arising or resulting from the accident must file a Claim as Claim as provided in Rule "F" of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure, with the Clerk of the Court, at the United States District Court Eastern District of New York, Long Island Courthouse, 100 Federal Plaza, Central Islip, NY 11722 and must deliver or mail to the attorneys for the Petitioner, Michael E. Stern, Esq., RUBIN, FIORELLA & FRIEDMAN LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy on or before the 7th day of November, 2018 or be defaulted. Person attendance is not required. 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 for Admiralty or Maritime and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and deliver or mail a copy of the attorneys for the Petitioner, or be defaulted. (Tirado, Chelsea)
September 7, 2018 Opinion or Order Filing 5 ORDER RESTRAINING SUITS AND APPROVING PETITIONER'S SECURITY, DIRECTING ISSUE OF NOTICE AND THE FILING OF CLAIMS - NOW, on motion of attorneys for Petitioner it is hereby: ORDERED that the above-described Ad Interim Stipulation for Value, with interest as aforesaid, filed by Petitioner for the benefit of any and all claimants as security representing the Petitioner's interest in the Vessel, 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 the Vessel, and may thereupon order said security increased or reduced if it finds that 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 $24,300.00 as surety. In this event, Petitioner shall within 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(1) of 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 the Court to all persons asserting claims or suits 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 serve on the attorneys for the Petitioner a copy thereof, ON OR BEFORE THE 7TH DAY OF NOVEMBER, 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 and serve on the attorneys for the Petitioner, Michael E. Stern, Esq., RUBIN, FIORELLA & FRIEDMAN LLP, 630 Third Ave, 3rd Floor, New York, New York 10017, an Answer to the Complaint on or before the said date, unless the claim has included an Answer to the Complaint, so designated, or be defaulted, and IT IS FURTHER ORDERED that the aforesaid Notice shall be published in NEWSDAY a newspaper with a general circulation including Suffolk County, New York, once a week for four successive weeks before the return date of said Notice, as provided by the aforesaid Supplemental Rule "F" and copies of said Notice shall be mailed by Petitioner in accordance with this rule to every person known to have any claim against the Vessel or Petitioner, 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 Petitioner, 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, to recover damages for or in respect to the aforesaid alleged accident in the Complaint, 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 attachment 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 attachment are hereby prohibited, and IT IS FURTHER ORDERED that service of this Order as a Restraining Order be made through the Post Office by mailed a conformed copy hereof to the person or persons to be restrained, restrained, or to their respected attorneys. SO Ordered by Judge Sandra J. Feuerstein on 9/7/2018. (Tirado, Chelsea)
September 7, 2018 NOTICE of Hearing: Initial Conference set for 1/8/2019 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Petitioner shall serve a copy of this Notice of Hearing upon all known claimants and any person who files a claim on or before 11/7/2018 and file proof of such service with the Court. c/ECF (Adell, April)
September 6, 2018 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Sandra J. Feuerstein and Magistrate Judge A. Kathleen Tomlinson for all further proceedings. Judge Denis R. Hurley, Magistrate Judge Steven I. Locke no longer assigned to case 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. Ordered by Chief Judge Dora Lizette Irizarry on 9/6/2018. (Bowens, Priscilla)
August 31, 2018 Filing 4 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-04940. (Flanagan, Doreen)
August 31, 2018 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. (Flanagan, Doreen)
August 31, 2018 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
August 31, 2018 Case Assigned to Judge Denis R. Hurley and Magistrate Judge Steven I. Locke. 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. (Flanagan, Doreen)
August 30, 2018 Filing 1 COMPLAINT against Gustavo Mejia filing fee $ 400, receipt number 0207-10694505, filed by Vincent Schlosser. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. (Attachments: #1 Notice of Complaint, #2 Proposed Order, #3 Civil Cover Sheet) (Stern, Michael) Modified on 8/31/2018 (Flanagan, Doreen).

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Petitioner: Vincent Schlosser
Represented By: Michael Evan Stern
Represented By: James Edward Mercante
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