In the Matter of the Complaint of Michael Flynn v. Grauer
| IN THE MATTER OF THE COMPLAINT OF MICHAEL FLYNN, as Owner of a 1997, 35-foot Recreational vessel, for Exoneration from or Limitation of Liability and Michael Flynn |
| Joan Grauer |
| In the Matter of the Complaint of Michael Flynn |
| 2:2021cv02919 |
| May 24, 2021 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Arlene R Lindsay |
| Marine |
| 28 U.S.C. ยง 1333 Admiralty |
| None |
Docket Report
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| Document Text |
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| Filing 7 CLAIM Claim Pursuant to Rule F of the Supplemental Rules For Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure by Joan Grauer. (Nolan, Thomas) |
| Filing 6 ANSWER to Complaint by Joan Grauer. (Nolan, Thomas) |
| NOTICE of Complaint for Exoneration from or Limitation of Liability admonishing that all persons, firm, entities, or corporations having any claim or suit against the petitioner or his vessel with respect to which the Complaint seeks exoneration from or limitation of liability must file their respective claims in writing, with the Clerk of this Court on or before the 11th day of August, 2021, 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, as set forth herein. (Mahoney, Brenna) |
Filing 5
ORDER: 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 value of the vessel as of the date of the alleged incident, be and is hereby approved; 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 petitioner or his vessel 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 petitioner, James E. Mercante, Esq., RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy thereof, ON OR BEFORE THE 11th DAY OF August, 2021, 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 petitioner, 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 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 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. So Ordered by Judge William F. Kuntz, II on 6/11/2021. (Love, Alexis)
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| Filing 4 NOTICE of Appearance by James Edward Mercante on behalf of Michael Flynn (notification declined or already on case) (Mercante, James) |
| 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) |
| 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 FOR EXONERATION FROM OR LIMITATION OF LIABILITY against Joan Grauer filing fee $ 402, receipt number ANYEDC-14502779 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by IN THE MATTER OF THE COMPLAINT OF MICHAEL FLYNN, as Owner of a 1997, 35-foot Recreational vessel, for Exoneration from or Limitation of Liability. (Attachments: #1 Exhibit A - Value of the Vessel after the incident, #2 Exhibit B - Ad Interim Stipulation for Value, #3 Proposed Order, #4 Notice, #5 Civil Cover Sheet) (Stern, Michael) |
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