In the Matter of the Complaint of Marlon Joachim
| Michael Galloway |
| Marlon Joachim |
| In the Matter of the Complaint of Marlon Joachim |
| 2:2021cv02123 |
| April 19, 2021 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| James M Wicks |
| Marine |
| 28 U.S.C. ยง 1333 Admiralty |
| None |
Docket Report
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This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.
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Filing 9
INITIAL CONFERENCE SCHEDULING ORDER:An in-person initial conference will be held at 9:30 am on 8/25/2021 before Magistrate Judge James M. Wicks via the AT&T teleconference center. Parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than 8/18/2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge James M. Wicks on 6/11/2021. (Attachments: #1 PROPOSED SCHEDULING ORDER WORKSHEET, #2 JMW Individual Rules) (Ortiz, Grisel)
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| Filing 8 Michael Galloway's ANSWER to #1 Complaint,, Maroln Joachim, First COUNTERCLAIM against In the Matter of the Complaint of Marlon Joachim, Marlon Joachim by Michael Galloway. (Attachments: #1 Affidavit of Service) (Dallas, Robert) |
| Filing 7 NOTICE of Appearance by Robert Dallas on behalf of Michael Galloway (aty to be noticed) (Dallas, 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 6 NOTICE of Complaint for Exoneration from or Limitation of Liability, admonishing that all persons asserting any claims with respect to which the Complaint seeks exoneration or limitation must file their respective claims, in writing, on or before June 21, 2021, as set forth within. (Mahoney, Brenna) |
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Filing 5
ORDER granting #3 Motion for Protective Order: ORDERED, that the above-described Ad Interim Stipulation for Value for the benefit of claimants in the sum of $16,000.00 (sixteen thousand dollars), with interest, as security for the amount or value of the Plaintiff's interest in the subject vessel, be and the same hereby is approved, and it is further ORDERED, that the Court, upon motion, shall cause due appraisal of such value and may thereupon order the said security to be increased or reduced if the Court finds the amount thereof insufficient or excessive; and upon demand, the Court may similarly order such increase or reduction if it finds that such an order is necessary to carry out the provisions of 46 U.S.C. 30501 to 30512, in respect of loss of life or bodily injury, and it is further ORDERED, that a Notice shall be issued by the Clerk of this Court, citing all persons asserting claims with respect to which the Complaint seeks exoneration or limitation and admonishing them to file their claim with the Clerk of this Court in writing at the United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722, on or before June 21, 2021, and to serve upon or mail to the attorneys for Plaintiff, Nicoletti Hornig & Sweeney, located at 88 Pine Street, 7th Floor, New York, New York 10005, a copy thereof on or before the same date, or be defaulted, with liberty to any person claiming damages as aforesaid who shall have presented such claim to the Clerk of this Court to Answer said Complaint and controvert any allegations made by Plaintiff therein; and it is further ORDERED, that public notice of said Notice be given, as provided by Rule F(4) of the Supplemental Rules for Certain Admiralty and Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, by publication of a notice, in Newsday, a newspaper circulated in Nassau County, once in each week for four (4) successive weeks before the return date of said Notice, and that Plaintiff no later than the day of the second publication shall mail a copy of said Notice to every person or to his/her attorney known to have any claim against the vessel or Plaintiff. So Ordered by Judge William F. Kuntz, II on 4/22/2021. (Love, Alexis)
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| 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 MOTION for Protective Order Approving Ad Interim Stipulation for Value, Directing Notice to Issue and Enjoining Suits and Directing the Filing of Claims by Marlon Joachim. (Attachments: #1 Declaration of William M. Fennell in Support of Plaintiff's Motion, #2 Exhibit 1 - Petition for Limitation, #3 Exhibit 2 - Affidavit of Value, #4 Exhibit 3 - Ad Interim Stipulation for Value, #5 Proposed Order Proposed Clerk's Notice, #6 Proposed Order, #7 Memorandum in Support Memorandum of Law in Support of Plaintiff's Motion) (Fennell, William) Modified on 4/21/2021 (Flanagan, Doreen). |
| Filing 2 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 William F. Kuntz, II 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) |
| Filing 1 COMPLAINT In re Marlon Joachim, as Owner of a Certain 2003 Maxum 2400 SE 25' Cruiser Vessel bearing Hull Identification Number MXPA12MRF203, Petitioning for Exoneration from, or Limitation of, Liability against Michael Galloway filing fee $ 402, receipt number ANYEDC-14387556 Was the Disclosure Statement on Civil Cover Sheet completed - Yes,, filed by Marlon Joachim. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Action, #3 Exhibit Affirmation of Value, #4 Exhibit Ad Interim Stipulation of Value) (Fennell, William) (Attachment 1 replaced for statistical purposes (original pdf flagged as corrupted) on 4/20/2021) (Florio, Lisa). Modified on 4/21/2021 (Flanagan, Doreen). |
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