In the Matter of the Complaint of Zhangyuan Liao
| Zhangyuan Liao |
| In the Matter of the Complaint of Zhangyuan Liao |
| Xinjian Cai |
| 2:2023cv08160 |
| November 2, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| 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 12 Subpoena by Xinjian Cai. (Gomez, Manuel) |
| Filing 11 Subpoena by Xinjian Cai. (Gomez, Manuel) |
| Filing 10 AFFIDAVIT/AFFIRMATION re #5 Order,,,,,,, of Publication from The Patchogue Advance, Inc. by Zhangyuan Liao (Stern, Michael) |
| Filing 9 CLAIM by Xinjian Cai. (Attachments: #1 Certificate of Service) (Gomez, Manuel) |
| Filing 8 ANSWER to #1 Complaint, by Xinjian Cai. (Attachments: #1 Certificate of Service) (Gomez, Manuel) |
| Filing 7 NOTICE of Appearance by Manuel D. Gomez on behalf of Xinjian Cai (aty to be noticed) (Gomez, Manuel) |
| Filing 6 NOTICE of Complaint for Exoneration from or Limitation of Liability. All persons, firms, entities or corporations, having any claim or suit against the Petitioner or the vessel arising or resulting from the 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, 225 Cadman Plaza East, Brooklyn, NY 11201 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 15th day of December, 2023 or be defaulted. SEE ATTACHED NOTICE for further details. Original and three (3) certified copies mailed to plaintiff's counsel (LC) |
Filing 5
ORDER: 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 value of the vessel as of the date of the 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 its 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 15th DAY OF December, 2023, 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 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. SEE ATTACHED ORDER for details. So Ordered by Judge Joan M. Azrack on 11/16/2023. (LC) Modified on 11/17/2023 to correct a clerical error (LC).
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| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 2 NOTICE of Appearance by James Edward Mercante on behalf of Liao Zhangyuan, as Owner of Liability of a2022 BOSTON WHALER 170 MONTAUK Motorboat for Exoneration from or Limitation (aty to be noticed) (Mercante, James) |
| Filing 1 COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABITY against Xinjian Cai Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Zhangyuan Liao. (Attachments: #1 Exhibit A - Declaration of Valuation, #2 Exhibit B - Ad Interim Stipulation for Value, #3 Proposed Order, #4 LOLA Notice, #5 Civil Cover Sheet) (LJ) |
| FILING FEE: $ 402, receipt number ANYEDC-17244737 (LJ) |
| Incorrect Case/Document Entry Information. Claimant was missing from the case and the Complaint and Exhibits (Document No. 1) were filed against the Petitioner. Claimant was added to the case and the Complaint and Exhibits were re-filed as against Claimant. (LJ) |
| Case Assigned to Judge Joan M. Azrack 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. (LJ) |
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