In the Matter of the Complaint of Francesco Distefano
| Francesco Distefano, as Owner of a 2016, 39-Foot Recreational vessel, for Exoneration from or Limitation of Liability and Francesco Distefano |
| Strong's Marine, LLC, Strong's Marine, Inc., Strong's Water Club & Marina, LLC and Strong's Marine Boat Rental, Inc. |
| Town of Southold, Megan Blanchard and Nicholas Soullas |
| In the Matter of the Complaint of Francesco Distefano |
| 2:2021cv01961 |
| April 12, 2021 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| James M Wicks |
| Other Statutory Actions |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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| Filing 11 NOTICE of Appearance by Scott J. Kreppein on behalf of Town of Southold (aty to be noticed) (Kreppein, Scott) |
| Filing 10 NOTICE of Appearance by Robert Anthony Suarez on behalf of Strong's Marine, Inc., Strong's Marine, LLC, Strong's Water Club & Marina, LLC, Strong's Marine Boat Rental, Inc. (aty to be noticed) (Suarez, Robert) |
| Case Reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Arlene R. Lindsay no longer assigned to the 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. (Corsini, Alexander) |
| Filing 9 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 the petitioner or his vessel arising or resulting from the alleged incident must file a claim as provided in Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, with the Clerk of the Court, at the United States District Court, Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722, and must deliver or mail to the attorneys for the petitioner, James E. Mercante, Esq., RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy on or before the 6th day of July, 2021 or be defaulted. Personal 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 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. (Florio, Lisa) (Three certified copies mailed to plaintiff's counsel Kristin Eileen Poling) |
Filing 8
ORDER: SEE ATTACHED ORDER. The Ad Interim Stipulation for Value in the sum of $40,000.00, 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 Petitioner a copy on or before 7/6/21 or be defaulted. The public notice be given by publication in Newsday or another newspaper with a general circulation. 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 Denis R. Hurley on 5/6/2021. (Ready, John)
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| Filing 7 Letter Local Civil Rule 1.6. by Nicholas Soullas (Blangiardo, Frank) |
| Filing 6 NOTICE of Appearance by Frank J Blangiardo on behalf of Nicholas Soullas (aty to be noticed) (Blangiardo, Frank) |
| Filing 5 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates that Case No. 2:21-cv-01259 (DG)(SIL) and 2:21-cv-01284 (DG)(SIL) are related cases. (Flanagan, Doreen) |
| Filing 4 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) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Arlene R. Lindsay. 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) |
| Incorrect Case/Document Entry Information. Added missing Claimants to the case. Deleted Document Entry No. 1 (Complaint, Exhibits, Proposed Order, Notice and Civil Cover Sheet), initially filed as against Petitioner, and re-entered as against Claimants. (Flanagan, Doreen) |
| Filing 2 NOTICE of Appearance by James Edward Mercante on behalf of Francesco Distefano (aty to be noticed) (Mercante, James) Modified on 4/14/2021 (Flanagan, Doreen). |
| Filing 1 COMPLAINT for Exoneration from or Limitation of Liability against Megan Blanchard, Nicholas Soullas Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Francesco Distefano. (Attachments: #1 Exhibit A - Appraisal, #2 Exhibit B - Ad Interim Stipulation for Value, #3 Proposed Order, #4 Notice, #5 Civil Cover Sheet) (Flanagan, Doreen) Modified on 4/14/2021 (Flanagan, Doreen). |
| FILING FEE: $ 402.00, receipt number ANYEDC-14364610 (Flanagan, Doreen) |
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