In the Matter of the Complaint of Great Bay Marine, Inc.

Petitioner: Great Bay Marine, Inc.
In Re: In the Matter of the Complaint of Great Bay Marine, Inc.
Claimant: William Conceicao Queiroz
Case Number: 2:2022cv03465
Filed: June 13, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Steven Tiscione
Nature of Suit: Marine
Cause of Action: 28 U.S.C. § 1333 Admiralty
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2022 Filing 16 CLAIM in limitation without prejudice to previously filed State Court Action and trial by jury by William Conceicao Queiroz. (Buchsbaum, Andrew)
July 28, 2022 Filing 15 ANSWER to #1 Complaint,, by William Conceicao Queiroz. (Buchsbaum, Andrew)
July 27, 2022 ORDER. The stipulation and proposed order, DE 13-4, is hereby So Ordered. Ordered by Judge Gary R. Brown on 7/27/2022. c/ecf (Tahbaz, Joseph)
July 22, 2022 Filing 14 Letter to Honorable Gary R. Brown re: proof of service of all papers to other attorneys in the state court action by Great Bay Marine, Inc. (Federici, Joseph)
July 22, 2022 Filing 13 RESPONSE to Motion re #7 MOTION for Reconsideration re #6 NOTICE of Complaint for Exoneration from or Limitation of Liability,,,,, filed by William Conceicao Queiroz. (Attachments: #1 Exhibit 1- State Court Complaint, #2 Exhibit 2- State Court Answers, #3 Exhibit 3- Notice of Appearance re defendant Gonzalez in State Court Action, #4 Proposed Order) (Buchsbaum, Andrew)
July 22, 2022 ORDER: Petitioner is directed to serve a copy of the papers in the instant action upon opposing counsel in the state court action and file proof of service with the Court forthwith. Opposing counsel for the plaintiffs in the state court action may file a response with this Court on or before July 27, 2022, at which point the Court will consider the application. Ordered by Judge Gary R. Brown on 7/22/2022. c/ecf (Tahbaz, Joseph)
July 19, 2022 Filing 12 NOTICE of Appearance by Andrew V. Buchsbaum on behalf of William Conceicao Queiroz (aty to be noticed) (Buchsbaum, Andrew)
July 15, 2022 ORDER granting in part and denying in part #10 Motion for Extension of Time to File Response/Reply. Counsel for plaintiff in the state court action is directed to file a response on or before July 22, 2022. Ordered by Judge Gary R. Brown on 7/15/2022. c/ecf (Tahbaz, Joseph)
July 14, 2022 Filing 11 RESPONSE to Motion re #10 First MOTION for Extension of Time to File Response/Reply as to Order on Motion for Reconsideration,, #8 Memorandum in Support, #7 MOTION for Reconsideration re #6 NOTICE of Complaint for Exoneration from or Limitation of Liability,,,,, < filed by Great Bay Marine, Inc.. (Federici, Joseph)
July 14, 2022 Filing 10 First MOTION for Extension of Time to File Response/Reply as to Order on Motion for Reconsideration,, #8 Memorandum in Support, #7 MOTION for Reconsideration re #6 NOTICE of Complaint for Exoneration from or Limitation of Liability,,,,, by William Conceicao Queiroz. (Murphy, Brian)
July 9, 2022 Filing 9 CERTIFICATE OF SERVICE by Great Bay Marine, Inc. re Order on Motion for Reconsideration,, (Federici, Joseph)
July 8, 2022 ORDER deferring ruling on #7 Motion for Reconsideration. The Court will defer ruling on the motion for reconsideration pending the provision of notice and an opportunity to be heard from William Conceicao Queiroz, the party in the state court action. As such, counsel for Great Bay Marine, Inc. is directed to serve a copy of this Order and other related filings forthwith upon Mr. Queiroz's counsel in the state court action who, thereafter, shall have one week to file a response with this Court. Ordered by Judge Gary R. Brown on 7/8/2022. c/ecf (Tahbaz, Joseph)
July 6, 2022 Filing 8 MEMORANDUM in Support re #7 MOTION for Reconsideration re #6 NOTICE of Complaint for Exoneration from or Limitation of Liability,,,,, filed by Great Bay Marine, Inc.. (Federici, Joseph)
July 6, 2022 Filing 7 MOTION for Reconsideration re #6 NOTICE of Complaint for Exoneration from or Limitation of Liability,,,,, by Great Bay Marine, Inc.. (Federici, Joseph)
June 29, 2022 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 casualty must file a 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 Courthouse, Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722, and must deliver or mail to the attorneys for the Petitioner, Joseph R. Federici, Esq., Law Officeof Victoria A. Turchetti, One State Street Plaza, 31st Floor, New York, New York 10004, a copy on or before the 28 DAY OF July, 2022 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 Federal Rules of Civil Procedure, and deliver or mail a copy to the attorney for the Petitioner, or be defaulted. (THREE (3) CERTIFIED COPIES MAILED TO PETITIONER'S COUNSEL) (Attachments: #1 Order) (Ortiz, Grisel)
June 29, 2022 Filing 5 ORDER: NOW, on motion of attorneys for Petitioner, it is hereby: ORDERED that the above-described Ad Interim Security, 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 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 motion filed with the Court and served upon all parties of record, its dissatisfaction with $55,000 as surety. In this event, Petitioner 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 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 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 28 DAY OF July, 2022, 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 attorney for the Petitioner, Joseph R. Federici, Esq., Law Office of Victoria A. Turchetti, One State Street Plaza, 31st Floor, New York, New York 10004, an Answer to the Complaint on or before the said sate, 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 The Suffolk Times, a newspaper with a general circulation including Suffolk County, New York, once a week for four (4) weeks before the return date of said Notice, as provided by the aforesaid Supplemental Admiralty 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 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 Gary R. Brown on 6/29/2022. (Ortiz, Grisel)
June 22, 2022 Filing 4 MOTION for Temporary Restraining Order by Great Bay Marine, Inc.. (Federici, Joseph)
June 13, 2022 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. (Jakubowski, Laura)
June 13, 2022 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura)
June 13, 2022 Filing 1 COMPLAINT for Exoneration From or Limitation of Liability against William Conceicao Queiroz filing fee $ 402, receipt number ANYEDC-15654747 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Great Bay Marine, Inc.. (Attachments: #1 Exhibit A - Appraisal-8-14-21, #2 Exhibit B - Ad Interim Security, #3 Exhibit C - Proposed Order, #4 Exhibit D - Proposed Notice, #5 Civil Cover Sheet) (Federici, Joseph) Modified on 6/13/2022 (Jakubowski, Laura).
June 13, 2022 Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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. (Jakubowski, Laura)

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Petitioner: Great Bay Marine, Inc.
Represented By: Joseph Robert Federici, Jr.
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Claimant: William Conceicao Queiroz
Represented By: Andrew V. Buchsbaum
Represented By: Brian P. Murphy
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