Seventh Avenue, Inc. et al v. M/V CMA-CGM Vivaldi et al
| Seventh Avenue, Inc., The Swiss Colony, OMT Enterprises, Inc., Funline Merchandise, Co., A&B Hongda Group, Inc., Paddock Pool Construction Co., Designpac, Inc., Cobraco Manufacturing,Inc., Tandy Brands Accessories, Inc., HYC Logistics, Inc., Jimco Lamp Company and Burlington Coat Factory |
| M/V CMA-CGM Vivaldi, CMA-CGM (America), Inc., Mediterranean Shipping Company (HK), Ltd., Expeditors International Ocean, Dynalink Systems, Inc., Logistics USA, Inc., Bright Fortune Shipping, Ltd., Dynamic Network Containerline, Ltd., ANR, Inc., Honour Lane Shipping, Ltd., Carpe Air & Sea Shipping, Inc., CMA-CGM S.A. and Mediterranean Shipping Company S.A. |
| RBSSAF (13) Ltd. |
| 1:2006cv05572 |
| July 24, 2006 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Robert P Patterson |
| Contract: Marine |
| 28 U.S.C. § 1333 ad Admiralty |
| None |
Docket Report
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Filing 36
ENDORSED LETTER addressed to Judge Robert P. Patterson from Thomas Willoughby dated 1/15/08 re: Request that the trial set for 1/28/08 be canceled. ENDORSEMENT: So ordered. (Signed by Judge Robert P. Patterson on 1/18/08) (cd)
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| Filing 35 STIPULATION OF DISCONTINUANCE that this case be and the same hereby is dismissed without prejudice and without costs to any party. (Signed by Judge Robert P. Patterson on 1/18/08) (cd) |
| Filing 34 STIPULATION OF DISCONTINUANCE: This action is dismissed without prejudice and without costs to any party. (Signed by Judge Robert P. Patterson on 1/16/08) (db) |
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Filing 33
ENDORSED LETTER addressed to Judge Robert P. Patterson from James P. Krauzlis dated 9/25/07 re: Counsel for defendant requests on behalf of our client as well as as plaintiff, for a 90 day extension of the current pre-trial schedule to enable the parties to complete the depositions necessary to address the factual issues involved in determining whether the prior settlement agreement with the plaintiff's assured constitutes a bar to plaintiff's case on the same shipment. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge Robert P. Patterson on 9/25/07) (js)
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| Filing 32 ENDORSED LETTER addressed to Judge Robert P. Patterson from Thomas Willoughby dated 9/21/07 re: Request for a 90 day extension of the present pre trial schedule. ENDORSEMENT: Application denied without prejudice to a conference presenting to the Court reasons to believe a settlement is likely. (Signed by Judge Robert P. Patterson on 9/24/07) (cd) |
| Filing 31 NOTICE OF APPEARANCE by James Paul Krauzlis on behalf of Expeditors International Ocean (Krauzlis, James) |
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Filing 30
STIPULATION AND ORDER OF PARTIAL VOLUNTARY DISMISSAL; pursuant to Rule 41(a)(1) of the F.R.C.P.,plaintiff's claims only as against CMA CGM are hereby dismissed with prejudice but without costs to any party. (Signed by Judge Robert P. Patterson on 7/19/07) (kco)
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Filing 29
SCHEDULING ORDER:Discovery due by 10/9/2007. Bench Trial set for 10/29/2007 at 09:30 AM before Judge Robert P. Patterson. (Signed by Judge Robert P. Patterson on 7/10/07) (js)
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| Minute Entry for proceedings held before Judge Robert P. Patterson : Interim Pretrial Conference held on 7/9/2007. Discovery due by 10/9/2007.,Pretrial Order due by 10/19/2007., Trial for 10/29/2007 at 09:30 AM before Judge Robert P. Patterson. (tro) |
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Filing 28
Stipulation And Order of Partial Voluntary Dismissal: pursuant to Rule 41(a)(1_ of the FRCP, all claims, counterclaims and cross claims asserted by and among the parties to this action, with the exception of claim "2A" on Schedule are dismissed with prejudice but without costs to any party; plaintiffs' claim "2A" on the Schedule and all counterclaims and cross claims related to claim "2A" are not affected by the terms of this stipulation and order of partial voluntary dismissal and will continue under the following captionand index number: Cobraco Manufacturing Inc. against CMA CGM S.A. and Expeditors International Ocean; this suit may be reopened upon the application of the attorneys of any of the undersigned parties if settlement is not consummated within 60 days of the entry of this order. (Signed by Judge Robert P. Patterson on 7/9/07) (dle)
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| Filing 27 ENDORSED LETTER addressed to Judge Robert P. Patterson from Michael E. Crowley dated 5/30/07 re: a request for a 30-day adjournment of the status conference presently scheduled for 6/4/2007. ENDORSEMENT: Application granted. Conference adjourned to 7/9/2007 at 9:30 a.m. (Signed by Judge Robert P. Patterson on 5/30/07) (kco) |
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Filing 26
SCHEDULING ORDER: Pretrial Conference set for 6/4/2007 09:30 AM before Judge Robert P. Patterson. (Signed by Judge Robert P. Patterson on 4/3/07) (js)
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| Minute Entry for proceedings held and concluded before Judge Robert P. Patterson : Interim Pretrial Conference held on 4/3/2007. next conference schedule for 6/4/07 at 9:30 a.m. (djc) |
| Filing 25 SUBSTITUTION OF COUNSEL: Defendant Logistics USA, Inc. hereby gives notice that Edward Flood of Lyons & Flood LLP is being substituted as counsel, replacing Patrick Michael DeCharles, II of Cichanowicz, Callan, Keane, Vengrow & Textor, LLP. (Signed by Judge Robert P. Patterson on 1/30/2007) (lb) |
| Filing 24 NOTICE of Substitution of Attorney. Old Attorney: Patrick Michael DeCharles, II, New Attorney: Edward Flood, Address: Lyons & Flood, 65 West 36th Street, 7th Floor, New York, New York, U.S.A. 10018, 212-594-2400. Document filed by Logistics USA, Inc.. (DeCharles, Patrick) |
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Filing 23
STIPULATION AND ORDER; this action is discontinued as against defendant Bright Fortune Shipping Ltd. with prejudice and without costs. (Signed by Judge Robert P. Patterson on 11/21/06) (kco, )
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| Filing 22 ANSWER to Crossclaim., ANSWER to Crossclaim. Document filed by CMA-CGM S.A., CMA-CGM (America), Inc..(Crowley, Michael) |
| Filing 21 ANSWER to Complaint., CROSSCLAIM against CMA-CGM S.A., CMA-CGM (America), Inc., CMA-CGM (America), Inc., CMA-CGM S.A., CMA-CGM (America), Inc., CMA-CGM S.A., CMA-CGM (America), Inc.. Document filed by Expeditors International Ocean, Expeditors International Ocean, Expeditors International Ocean.(Badiak, Roman) |
| Filing 20 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Expeditors International Ocean, Expeditors International Ocean, Expeditors International Ocean.(Badiak, Roman) |
| Filing 19 ANSWER to Amended Complaint., CROSSCLAIM against CMA-CGM S.A., CMA-CGM (America), Inc., CMA-CGM S.A., CMA-CGM (America), Inc., CMA-CGM S.A., CMA-CGM (America), Inc.. Document filed by Expeditors International Ocean, Expeditors International Ocean.(Badiak, Roman) |
| Minute Entry for proceedings held before Judge Robert P. Patterson : Interim Pretrial Conference held on 9/27/2006. (jar, ) |
| Filing 18 ANSWER to Crossclaim. Document filed by CMA-CGM S.A., CMA-CGM (America), Inc..(Crowley, Michael) |
| Filing 17 ANSWER to Amended Complaint. Document filed by Mediterranean Shipping Company (HK), Ltd.. Related document: #4 Amended Complaint,,,, filed by Seventh Avenue, Inc.,, The Swiss Colony,, OMT Enterprises, Inc.,, Funline Merchandise, Co.,, A&B Hongda Group, Inc.,, Paddock Pool Construction Co.,, Designpac, Inc.,, Cobraco Manufacturing,Inc.,, Tandy Brands Accessories, Inc.,, HYC Logistics, Inc.,, Jimco Lamp Company,, Burlington Coat Factory,.(Flood, Edward) |
| Filing 16 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Mediterranean Shipping Company (HK), Ltd..(Flood, Edward) |
| Filing 15 ANSWER to Amended Complaint. Document filed by Mediterranean Shipping Company S.A.. Related document: #4 Amended Complaint,,,, filed by Seventh Avenue, Inc.,, The Swiss Colony,, OMT Enterprises, Inc.,, Funline Merchandise, Co.,, A&B Hongda Group, Inc.,, Paddock Pool Construction Co.,, Designpac, Inc.,, Cobraco Manufacturing,Inc.,, Tandy Brands Accessories, Inc.,, HYC Logistics, Inc.,, Jimco Lamp Company,, Burlington Coat Factory,.(Flood, Edward) |
| Filing 14 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Mediterranean Shipping Company S.A..(Flood, Edward) |
| Filing 13 ANSWER to Amended Complaint., CROSSCLAIM against M/V CMA-CGM Vivaldi, CMA-CGM (America), Inc., Mediterranean Shipping Company (HK), Ltd., CMA-CGM S.A., Mediterranean Shipping Company S.A.. Document filed by Logistics USA, Inc.. Related document: #4 Amended Complaint,,,, filed by Seventh Avenue, Inc.,, The Swiss Colony,, OMT Enterprises, Inc.,, Funline Merchandise, Co.,, A&B Hongda Group, Inc.,, Paddock Pool Construction Co.,, Designpac, Inc.,, Cobraco Manufacturing,Inc.,, Tandy Brands Accessories, Inc.,, HYC Logistics, Inc.,, Jimco Lamp Company,, Burlington Coat Factory,.(DeCharles, Patrick) |
| Filing 12 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Logistics USA, Inc..(DeCharles, Patrick) |
| Filing 11 ANSWER to Amended Complaint. Document filed by M/V CMA-CGM Vivaldi, RBSSAF (13) Ltd.. Related document: #4 Amended Complaint,,,, filed by Seventh Avenue, Inc.,, The Swiss Colony,, OMT Enterprises, Inc.,, Funline Merchandise, Co.,, A&B Hongda Group, Inc.,, Paddock Pool Construction Co.,, Designpac, Inc.,, Cobraco Manufacturing,Inc.,, Tandy Brands Accessories, Inc.,, HYC Logistics, Inc.,, Jimco Lamp Company,, Burlington Coat Factory,.(Crowley, Michael) |
| Filing 10 CLAIM FOR ADMIRALTY (CLAIM OF OWNER). Document filed by RBSSAF (13) Ltd.. (Crowley, Michael) |
| Filing 9 RULE 7.1 DISCLOSURE STATEMENT. Document filed by RBSSAF (13) Ltd..(Crowley, Michael) |
| Filing 8 ANSWER to Amended Complaint., CROSSCLAIM against Expeditors International Ocean, Mediterranean Shipping Company S.A.. Document filed by CMA-CGM (America), Inc., CMA-CGM S.A.. Related document: #4 Amended Complaint,,,, filed by Seventh Avenue, Inc.,, The Swiss Colony,, OMT Enterprises, Inc.,, Funline Merchandise, Co.,, A&B Hongda Group, Inc.,, Paddock Pool Construction Co.,, Designpac, Inc.,, Cobraco Manufacturing,Inc.,, Tandy Brands Accessories, Inc.,, HYC Logistics, Inc.,, Jimco Lamp Company,, Burlington Coat Factory,.(Crowley, Michael) |
| Filing 7 RULE 7.1 DISCLOSURE STATEMENT. Document filed by CMA-CGM (America), Inc., CMA-CGM S.A..(Crowley, Michael) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. CMA-CGM (America), Inc. waiver sent on 8/24/2006, answer due 10/23/2006. Document filed by Seventh Avenue, Inc.. (Willoughby, Thomas) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. CMA-CGM S.A. waiver sent on 8/8/2006, answer due 10/9/2006. Document filed by Seventh Avenue, Inc.. (Willoughby, Thomas) |
| Filing 4 AMENDED COMPLAINT amending #1 Complaint, against CMA-CGM S.A., Mediterranean Shipping Company S.A., M/V CMA-CGM Vivaldi, CMA-CGM (America), Inc., Mediterranean Shipping Company (HK), Ltd., Expeditors International Ocean, Dynalink Systems, Inc., Logistics USA, Inc., Bright Fortune Shipping, Ltd., Dynamic Network Containerline, Ltd., ANR, Inc., Honour Lane Shipping, Ltd., Carpe Air & Sea Shipping, Inc. Document filed by Paddock Pool Construction Co., Designpac, Inc., Cobraco Manufacturing,Inc., Tandy Brands Accessories, Inc., HYC Logistics, Inc., Jimco Lamp Company, Burlington Coat Factory, Seventh Avenue, Inc., The Swiss Colony, OMT Enterprises, Inc., Funline Merchandise, Co., A&B Hongda Group, Inc. Related document: #1 Complaint, filed by Seventh Avenue, Inc., The Swiss Colony, OMT Enterprises, Inc., Funline Merchandise, Co., A&B Hongda Group, Inc., Paddock Pool Construction Co., Designpac, Inc., Cobraco Manufacturing,Inc., Tandy Brands Accessories, Inc., HYC Logistics, Inc., Jimco Lamp Company, Burlington Coat Factory.(db, ) |
| Mailed notice to the attorney(s) of record. (laq, ) |
| Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Robert P. Patterson. Judge Unassigned is no longer assigned to the case. (laq, ) |
| Magistrate Judge James C. Francis is so designated. (laq, ) |
| CASE ACCEPTED AS RELATED TO 1:06-cv-5044. Notice of Assignment to follow. (laq, ) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Thomas Earl Willoughby for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document #1 Complaint,, to: case_openings@nysd.uscourts.gov. (jeh, ) |
| Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Paddock Pool Construction Co., Designpac, Inc., Cobraco Manufacturing,Inc., Tandy Brands Accessories, Inc., HYC Logistics, Inc., Jimco Lamp Company, Burlington Coat Factory, Seventh Avenue, Inc., The Swiss Colony, OMT Enterprises, Inc., Funline Merchandise, Co., A&B Hongda Group, Inc.(jeh, ) |
| Filing 1 COMPLAINT against Burlington Coat Factory, M/V CMA-CGM Vivaldi, CMA-CGM (America), Inc., Mediterranean Shipping Company (HK), Ltd., Expeditors International Ocean, Dynalink Systems, Inc., Logistics USA, Inc., Bright Fortune Shipping, Ltd., Dynamic Network Containerline, Ltd., ANR, Inc., Honour Lane Shipping, Ltd., Carpe Air & Sea Shipping, Inc.. (Filing Fee $ 350.00, Receipt Number 585350)Document filed by Paddock Pool Construction Co., Designpac, Inc., Cobraco Manufacturing,Inc., Tandy Brands Accessories, Inc., HYC Logistics, Inc., Jimco Lamp Company, Burlington Coat Factory, Seventh Avenue, Inc., The Swiss Colony, OMT Enterprises, Inc., Funline Merchandise, Co., A&B Hongda Group, Inc.(jeh, ) Additional attachment(s) added on 10/4/2006 (mbe, ). |
| SUMMONS ISSUED as to M/V CMA-CGM Vivaldi, CMA-CGM (America), Inc., Mediterranean Shipping Company (HK), Ltd., Expeditors International Ocean, Dynalink Systems, Inc., Logistics USA, Inc., Bright Fortune Shipping, Ltd., Dynamic Network Containerline, Ltd., ANR, Inc., Honour Lane Shipping, Ltd., Carpe Air & Sea Shipping, Inc. (jeh, ) |
| CASE REFERRED TO Judge Robert P. Patterson as possibly related to 06cv5044. (jeh, ) |
| Case Designated ECF. (jeh, ) |
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