IN RE M/V MSC FLAMINIA
Plaintiff: Trouw Nutrition USA, LLC, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, Ace Seguros S.A., Cheng Loong Corporation, Indemnity Insurance Company of North America, Ace European Group Ltd. and Eagle Paper International, Inc.
Defendant: NSB Niederelbe Schiffartsgesellschaft MBH & Co KG, Satellite Logistics Group, Inc., Sea Shipping Line, Mediterranean Shipping Company S.A., M/V MSC Flaminia and Conti 11 Container Schiffahrts-GmbH & Co. KG MS MSC Flaminia
Consolidated Plaintiff: NEK, Society A-N Auto Import Export, Weylchem US Inc., Consortium Cargo, BMW Group Plant 2.7, Rocktenn CP, LLC, TI Automotive, JF Hillebrand Mexico SA, Kamin LLC, Nuco Logistics, Inc., Unitrans P.R.A. Company, Inc., Stanley Logistics Centre, Angus Chemie GMBH, Rudolph Logistik Gruppe, GMBH, Ceva Freight Management (Mexico), Timber Connections Ltd., Asya Kagit Matbaa Gida Ve, Thai Nguyen Iron and Steel Joint Stock Corporation, Behr Industries, Stolt Tank Containers BV, Baillie Lumber Sales Co, Fleur De Lis Worldwide, LLC, SE Tylonse GMBH & Co. KG, Groupement Ivorien D'Industrie ET, Viscofan USA Inc., Copperweld Bimetallics LLC, Novozymes, Chevron Oronite SAS, Turk Ekonomi Bakasi, The Continental Insurance Company, Decotrade GmbH, Huntsman Corporation, Tricon Dry Chemicals LLC, Gaylord Chemical Co. LLC, NCR Global Solutions, Lear Corporation, Stolt Tank Containers France SAS, Bulkhaul UK Ltd., rainier Overseas Movers Inc., Chemtura Italy S.R.L., ARR-MAZ Custom Chemicals Inc., Mitsubishi Corporation, Cabot Corporation, United Transport Tank Containers, Wuthrich, Chemtura Corporation, Total Petrochemicals & Refining USA, Inc., Red Electrica De Espana, Stolt Nielsen USA, Inc., Hardwood Dimensions Ltd., Giorgio Gori USA Inc., Styron Europe GMBH, Eneria S.A.S., Selluken AB, MTS Logistics, Inc., Red Square Corporation, Stannica, Inc., Hydrobiological Institute-Ohrid, Lamex Foods UK, Graftech Mexico, Nipponkoa Insurance (Europe), Shintech, Inc., Quiborax S.A., Hakan Agro, Palmer Timber, Toyo Cotton Co., Nate Williams, Junkers Industrier A/S, Panalpina World Transport Ltd., ASF Inc, Lager, Johan Haltermann Ltd., Thermo Fisher Scientific, Network America Lines, Gorgio Gori USA, Danzer IK Ltd., SKF De Mexico, S.A. De C.V., Finning (UK) Ltd., Starr Indemnity & Liability Company, Hill & Smith Ltd., Equipos Nuclears SA, DSV Air & Sea Ltd., Galleon International Freight Service, Deltech Europe Ltd., Syngenta Crop Protection, Sabic Innovative Plastics BV, Doskocil Manufacturing Inc., Excell USA Inc., Terza S.A. De C.V., Huntsman Holland B.V., Itochu Plastics PTE Ltd., Expeditors International, Lubrizoil France SA, National Union Fire Insurance Company of Pittsburgh, PA, Hoyer Global USA, MSSA, Hanna Motors, Zeppelin Baumaschinen GMBH, MTS Lojistik Ve tasimacilik Hizmetleri Tic A.S., Cray Valley USA LLC, EPU Service Center, Aspen American Insurance Company, Exxonmobil Specialty Elastomers, Deltech Corporation, Cooper Tire & Rubber Company Europe Ltd., Mubeca Inc., Rayonier, Inc., Magna Exteriors and Interiors, Volswagenwerk AG, The Procter & Gamble Company, Al Ahlia Insurance, Ramsay Timber, United Transport Tank Containers B.V., Exxonmobil Chemical Films Europe, Bulkhaul (USA) Inc., Rockwood Holdings, Inc., DSV Air & Sea Inc., Sabic Innovative Plastics India PVT Ltd., Veitsch Radex GMBH & Co. OG, Global Logistics Shipping Inc., OOO Pioneer Trade, Honeywell International Inc., Banks And Lloyd (Shipping) Ltd., Panalpina Inc., Bridgewell Resources LLC, Elite House LLP, Tzeng Long USA, Inc., Senator International Ocean LLC, Exxonmobil Chemical Company, DOSECC Exploration Services, LLC, Tekstil Santic AS, Weihag GMBH, Interbulk (Tank Containers) Ltd., TCR Plastics, Holzextroplast OOO, Coty US LLC, Georgia-Pacific Bleached Board, NCR Nederland, Caterpillar Inc., American Hardwood Industries, LLC. Tradelanes, Inc., Rockwood Lithium, Inc., DHL Global Forwarding, Emeraude International SAS, Expenditors MCO, Bulkhaul Limited, Hansen Martin, Butachimie, Wheaterford International Inc., Surrey Europe Sarl, Pon Power AS, Schlumberger Technology Corporation, SB Enterprises, Nippon Denko Company Ltd., Pfauth Logistiek Diensyverl, Taloox Group LLC, SKF GMBH, Naddi Motors, Nufarm UK Ltd., Zenda Dienstleinstungen GMBH, Kolar Paper Mills PVT LTd., Pioneeds Polyleathers PVT Ltd., Hellas S.A., Proper Polymers, Lenzing Fibers Ltd., 3M Belgium N.V., Exxonmobil Petroleum & Chemical Holdings Inc., Chevron Oronite Company LLC, Allseas Global Logistics, OOO OMYA URAL, AGCS Marine Insurance Company, Sabic Innovative Plastics Mexico, Tyco International Ltd., Special Metals Welding Products Company, Tokio Marine & Nichido Fire Insurance Co. Ltd., Arubis AG, Chemtall GMBH, Arkema Vlissingen BV, Carolina Ocean Lines, Graftech Frances SNC, NR Company, Prochem AG, Cray Valley USA Inc., IAC Spartanburg, Allied Alloys LP, Raif Coskun Cagler, Caterpillar SARL, IAC Strasburg, Oceanic Shipping & Transport GMBH, Ivan Luna Segura, XL Specialty Insurance Company, Kinetsu World Express (USA) Inc., Graftech Switzlerland S.A., AMI Trading (USA), Inc., CNA Metals Limited, Agrinorte S.A., Atlas Van Lines International, Unitcargo Container Line, Esso Societe Anonyme Francaise,, BDP International NV, Armstrong World Industries Inc., RLI Insurance Company, OWL Belgium, Mobil Chemical Products International, Great American Insurance Company, Aviva, BMW AG Werk 2.7, Expeditors International (UK) Ltd., William Keith Coates, Weyerhaeuser, Western Emarr for Road Work, E Rigas SA, Vinmar International Limited, FT&T Consulting, Environmental Express Inc., Firestone Building Products Co., Danisco US Inc., Industrias John Deere SA De C.V., Styron, LLC, Cummins Inc., Arubis Belgium NVSA, Cameron International, Magnelec S.A. De C.V., Plastic Omnium Automotive Exterior, Jewometaal Stainless Processing, Advanced Elastomer Systems Ltd., ICC Chemical Corporation, Caterpillar Marine Power (UK) Ltd., Cargo Partner AG, Brokmak OU, ADPO NV, Link Lines Logistics, Inc., Ocean Marine Shipping Inc, Ocean World Lines Inc., F Bender Limited, Monument Chemical BVBA, Polymers International Limited, Parmar International PVT, Ltd., The Lubrizoil Corporation, Hunter Engineering Company, Ascend Performance Materials, LLC, Diamond Pet Foods, Suttons International, UAB Neo Group, MTS Logistics Inc., NCR SDC, Kansai Nerolac Ltd. Bilakhia House, Inter-Trans Insurance, MCI-EMBACI, Wayand GMBH, Klockner Pentaplast, JA Lacour Company, ACE-Belgium, Estee Lauder, OOO Procasing, CWL Mexico S De RL, Triple F. Logistics B.V., CJ Hendricks B.V., DOW Europe Gmbh, Chartis Seguros Mexico, S.A. de C.V., BMW Group Plan 2.7, Paghanini Engros AS, Newport Tank Containers Inc., Arkema France, Crystal Intl Corporation, Crocs Europa Netherlands, Shandong Jinsheng Non-Ferrous Group Co., Ltd., International Commoditites, Sellukem AB, Black & Decker Limited Sarl, Kansai Altan Boya Sanayi Ve Ticaret AS, BMW, Metlab Supplies Ltd., Unicharm Corporation, Alcan Automotive LLC, Amerchol Corporation, Zeppelin Power System GMBH, Oceanic Container Line, Inc., JSW Steel Ltd., Onoac Polytex De Mexico, Lloyds & Partners, Westerlund, Multienlaces De Transportes Internacionales SA De CV, Isovolta S.A., Anheuser-Busch International Inc., Exxonmobil Chemical Films, Gulbrandsen Chemicals Inc., Ceva Freight (UK) LTD., Continental Tire North America, Blagden Specialty Chemicals Ltd., Borbet Alabama, Centre Point JB Nagar, Dow Chemical Company, Grand Medical Group, Timber Connection, John Deere International GMBH, Golink Ltd., Crane Worldwide (UK) Ltd., Bahrain Maritime & Mercantile International, Crocs Mexico S. de R.L. De C.V., PJ Lumber Company, Liberty International Underwriters, Eaton Corp., Vopak Agenicies Rotterdam B.V., Formosa Plastics Corporation, Dart Containers FCA Bahamas, Fiber Source International Corp., Sellari Enterprises, Timbmet, Stanley Black & Decker Inc., Arkema, Inc., Ecotray, Coty Genva S.A., Lubrizoil Corp., Carolinas Cotton Growers Corp., Ucomar N.V., Nomad Brands, Inc. LLC TLC, Oceanic Logistics Inc., Danzer UK Ltd., Productora De Tereftalatos De Altamira S.A. De C.V., Unilever/TIGI Int. Ltd., Whitman Laboratories Ltd., Precision Castparts, Cooper Tire & Rubber Company, Volkswagon Group of America, Inc., Draeklmaier Automotive America, Farmeko, Vinmar International Ltd., Huntsman Petrochemical LLC, Taminco, Inc., European Metal Recycling Ltd., Ascend Performance Materials, Nordic Wave NUF, Aquajet Systems AB, Baillie Lumber Co., Meridien Marketing & Logistics Inc., TSL Le Havre, Phoenix Trading NV, Lathams Limited, Societer Industrielle De Papeterie, Borbet, Carolina Ocean Lines Inc., Sabic Innovative US, Esco Corporation, OMYA GMBH, OMYA AB & Schuite & Schuite Druckfarben GMBH, Prosight Specialty Insurance, Classic American Hardwoods, Apiexport S.A. De CV, Helvetia Insurance S.A., IMCD Benelox N.V., Lubrizol Advanced Materials, Danisco USA Inc., Bercen Inc., Xchanging Claims, Outspan Guatemala S.A., Trinity Industries Inc., Trinseo Materials Operating S.C.A., Roop Rubber Mills Ltd., E.I. du Pont de nemours and Company and its affiliates including Solae LLC, Domingo Jimenez Perez, Lancer Incorporated, Chevron Philips ChemicalsCo, Farmers Rice Milling, UAB "Jurvista", Agroexport SA, Stolt Tank Containers Germany GMBH, Habich GmbH, Plastic Omnium, Wisco Espanolo SA, Oceanic Container Inc., Mundicarga Overseas, SA De CV, Mexico, Oceanic Container Line Inc., Willy Poquet, Carcoustics USA, Phoenix International Freight SVCS, Stemaco USA Inc., British Airways Maintenance and ResinTechnology LLC
Counter Defendant: Pirelli Tyre s.P.A, Olmuska International Paper, Norevo GmbH, Savory Paper (25), Zenda Diensteinstungen Gmbh, UAS "JURVISTA", Xchanging Claims Services, Semillas Universales SA, Ekol Ofset A.S., Palm Paper Limited, Voith Fabrics Wilson, Vopak Agencies Rotterdam B.V., Toll Global Forwarding, Compania Tequilera De Arandas S.A. De C.V, Alltech SSF De Ri De CV, Tirth Agro Technology PVT Ltd., Hyga SA Hygieneprodukte, Volkswagenwerk AG, Promociones De Export Acion SA, CISA Export Adora, Expeditors MCO, TTI Network Technologies, Owens Corning Mexico S De R L De C.V., Crocs Europa, Anheuser-Busch Inbev Belgium, NV, AASA, Topps Tiles Ltd., Tradelanes, Inc., Nibco SP, Reliance Industries Ltd., Allied Unlimited Inc., Marecbol, Leegra Inc., LLC PetroResurs, Allied Exports Inc., Manufacturas Plastuias Rim, Grange Shipping, Limited, Flomin Inc., Chemetall GMBH, Supremo, LLC, Transmode Overseas Partners, Newmont Golden Ridge Ltd., Junker Industrier A/S, Tasiast Mauritane Ltd., Translogic SA, Rapunzel Naturkost GmbH, Institut Fur Plastination, Nubea Inc., Wigglesworth & Co., Proctor & Gamble Novomoskovsk, LLC, Schenker Inc., Saga France, Intertex World Resources Inc., Cofiroasters S.A., Northern Virginia Trading Co. Inc., Societe Industrielle De Papeterie, Graphic Packaging, Rim Logistics Ltd., Robert Bosch GMBH, Beneficiadora De Almendras Urkupina SRL, Katcon, Dart Container FCA Bahamas, Lubrizoil Advanced Materials Europe, C.H.Robinson Polan S.P ZO.O, Mallory Transportation System, Altamis B.V., BDP Transport LLC, American Hardwood Industries LLC, SNF SAS, E Rigas S.A., Tradelaner Inc., Omya AB, Norevo Mexico SA DE CV, Aviva plc, Kemira OJY, Resolute Forest Products US Inc., Turkiye Is Bankasi A.S., DRT, Isavolta S.A., Blue Sky Commerce Ltd., Lloyd & Partners Ltd., Eaton Automotive Systems, Gmodelo Europa S.A.U., Rudolph Logistik Gruppe GmbH, International Paper, Western Emarr, Poehland Int. Spediktion, Bilakhia House, Weber & Schaer, Industrias John Deere S.A. de C.V. Deere, Midrex Technologies Inc., Weatherford International Inc., Mundicarga Overseas S.A., Thyssenkrupp VDM GMBH, Neumann Gruppe GmbH, JAS Forwarding (UK), Ltd, International Search Mexico SA, Carnauba Do Brasil Ltda., NO Southwestern Petroleum Euro, Generali - U.S. Branch, Ramsay Timber Limited, Miel Mex SA De CV, Weychem US Inc., Compania Cervecera De Zacatecas, S.A. De C.V., Outspan Guatemala, S and P Recycling Honduras S.A. De C.V., Agro Exportaciones De Sur, Ibero El Salvador S.A. De C.V., Empacadora De Golfo De Mexico, Sinamco Trading Co., Nipponkoa Insurance (Europe) Ltd., Parmar International PVT Ltd., Anne Cauwel Haudecoeur, Hardwood Timber Sales Ltd., Tobacco De Pacifico Norte S.A., Newport Europe B.V., Arkema Inc., Global Shipping Services LLC, Trinseo Materials Operating S.C.A, Zeppelin Power Systems GMBH, Petrochem Carless Ltd., Cargill, Southwestern Petroleum Corp., Schryver Transportes Y Logistics SA DE CV, Fortune Metals Inc., Thermo Fisher Scientific, Inc., Pan Global Trading, Holship Finland Oy, Cardex Sociedad Anomia, British American Tobacco PLC, Ceva Freight Management, Arecelomittal, UTC Overseas GMBH, Donying Fangyuan Nonferrous Metals Co. Ltd., Ivory & Ledoux, BDP International N.V., AXA Corporate Solutions, General Mills U.K., Kaeser Kompressoren AG, Champion Technologies Inc., Ocean Container Line, Inc., Zoppas Industries De Mexico, Schuite & Schuite Druckfarben GMBH, Dongguan Sea Dragon Paper Industries, Taminco Inc., Marubeni America Corporation, NACA Logistics, Classic American Hardwoods, Inc., Merisol USA LLC, Starcke GMBH & Co., Pioneer Polyleathers PV Ltd., Carlberg Kazakhstan Ltd., Metalles Antillanos S.A., Jean Heybroek BV, Carcoustics USA Inc., Raghvani Textiles PVT Ltd., Fuga AG, Goodyear International Corporation, Grupo Tecnico Especializado En Seguros, Zooserviss SIA, Agencia Reyes Logistics Cargo SLU, The Goodyear Tire & Rubber Company, Zinc International SA, Vida Tequila USA, LLC, Zurich, Liebherr Components, Nomad Brands Inc., Chemtura Europe GmbH, LLC Husqvarna, J.Pearson International Inc., Intigena Produktion GMBH and Co., KG, HartFord Fire Insurance Company, Waissels Ltd., Unicharm Molnlcke Rus Limited Liability Co., Golden Timber Bolivia, Formosa Plastics Corporation USA, Metal Scrap Recyclers Dominicana, Tchibo GMBH, British Airways, Globex International, Inc., Kapstone Charleston Kraft LLC, Airport Clearance Services Inc., J.G. Schuette, JSW Steel Limited, Arnholdt & Sohn GMBH, UTS Carrier LLC, Fibre Source International Corp., Akra Polyester SA De CV, Continental Insurance Company, Transportation Worldwide Inc., TC Trading, Borget Solingen GmbH, Onesteel Recycling Hong Kong Ltd., Swedish Fine Rice & Food AB, TI Automotive Limited, Lagnese Hoing GmbH & Co. KG, International Commodities Inc., Cargo Claimants, International N.A., Katoen Natie Global Forwarding, Wisco Espanola S.A, Meraux Speciaux, Sol Y Agave Arandas S.A. De C.V., Corning Inc., Impacaixcea Del Golfo De Mexico, Hoa Phat Steel Co. Ltd., NCR Nederland N.V., Maptrasco, Transporte Multimodal, S.A. De C.V., Cellplate PLC, Repro Plastics Canada Inc., Husq, MSC Mediterranean Shipping Company S.A., Mondi Tire Kutson Kagit Ve Ambalaj San AS, Bercen Southern Division, Mueller Water Products Inc., VOTG, Daimler AG, Crown Relocations, Monsanto Company, Hamburg Coffee Company, Shipco Transport Inc., IAC Spartanburg Inc., The Dow Chemical Company, Molinos De Honduras S.A. De C.V., Husqvarna AB, Agrinorte S.A, William West Distribution Centre, Milliken & Company, Norit America Inc., Goodyear Lastikleri TIC A.S., Petcare AB, JV Foods Inc., HDI Gerling Indusrtie Versicherung AG, SCA Hygiene Products Russia, LLC, Molnlycke Health Care Oy, Hursan Havlu Uretim San Ve Tic Denzli, Eastman Chemical Company (NYSE:EMN), Tasman Overseas International, Inoac Polytec de Mexico, Mining and Chemical Co. Ltd., OOO Frutlend, Commercial Internacional De Grandos De Honduras S.A. De C.V., Monsanto International SARL, Polymers International Ltd., Acquajet Systems AB, Newport Tankers Corporation, Rayonier Inc., Mega Rubber Technologies PPVT Ltd., Exxonmobil Petroleum & Chemical Holding Inc., Plastic Pool Europe S.A., Crocs Mexico SA De R.L. De C.V., General Noli S.A., Mitsui Sumitomo, Precision Castparts Corp., Commercial International De Granos De Honduras, TLI Depot BQ, Alimentos Agricolas Y Naturales S.A. De C.V., MVW International Sarl, IMCD Switzerland AG, Unicorn Ingredients, Sensient Colors UK, Ltd, Trafigura, UAB NEO Group Productora De Tereftalatos de Altamira S.A. De CV, AMI Trading Inc., Cafes Finos De Exportation, PS International, Ltd., Crystal International Corp., Corning GMBH, SKF de Mexico S.A. de C.V., Banks & Lloyd (Shipping) Ltd., Chartis Seguros Mexico S.A. de CV, Baillie Lumber Sales Co., Phoenix International Freight Services, Cornerstone Chemical Company, Universal Cargo M.S.A. De C.V., Gaylord Chemical Company, Agility Magyarpzag, Schenectady International Group, SGT Enterprises, Potter Group Ltd., Carolina Cotton Growers Coop., Finagra (UK) Ltd., BLG International Logistics Center, Fursten-Reform, Gardner Denver Water Jetting Systems Inc., LLC "TLC", Musti Ja Mirra Oy, Schlueter Und Maack GmbH, Ecolab Inc., Stanton Grove, Limited, Eaton Corporation, IMCD Benelux N.V., Cameron International Corporation, Vnesthtransport OOO, Mountainaire Farms, Lampe & Schwartze, Glatfelter Falkenhagen GmbH, Fedecocagua, Mercedes Benz USA, Cordier Spezialpapier GMBH, Invista Textiles (UK) Ltd., Dealex Ltd., BDP International BV, Oldendorfer STR, Vogel Import Export NV, Sygenta Crop Protection Inc., Albaden Services Ltd., Argus Limited, Sic & Logistics SRL, CNA Metals, Ltd., Unitcargo Container Line, Inc., Freeworld Trading, Kansai Nerolac Paints ltd., Apiexport S.A. De C.V., Link Lines Logistics Inc., Invista S.A.R.L., VCK Logistics Oceanfreight B.V., Champion Dai-Chi Tech, T-T Danismanlik, Lancer Europe S.A, TSL leHavre, SABIC Innovative Plastics Inc., UTS Ltd., BDP Global Logistics (India) PVT Ltd., Hai Kwang Enterprise Corporation, Coty Geneva S.A., Amit Industries, Gulbrandsen Technologies, Greatview Holdings, Promarc International Inc., Interforest Terminal Rotterdam SCA, Hakan Agro Commodities Trading Co., GE Transportation Parts LLC, Perdue Farms, Inc., TC Trading Laurintie, Expeditors International of Washington, Inc., HJ Schryver, S Kato & Co., JAS Forwarding De Mexico SA De CV, On Steel Corp., Wuthrich Underwriting Agents, ThyssenKrupp Presa France SAS, Arr-Maz Custom Chemicals, Inc., Arrow Consulting Ltd., IF Finland, Clariant Production UK Ltd., Kuehne & Nagel Ltd., ELG Haniel, Pittman Tractor Company Inc., Borbet GmbH, Great American Insurance Co., Mitsubishi Grain, Rapunzel, Fenwal France SAS, Fedex Trade Network Transport & Brokerage (Germany), Trafigura Beheer BV, G.A. Paper International, Avento Co. Inc, Nova Natie, Pyosa S.A. De C.V., Volkswagen Group of America, Inc., Draexlmaier Automotive of America, LLC, NACA Logistics (USA) Inc., Ceva Logistics Central & Eastern Europe, Timber Connection Ltd., Decoplus, Sellari Enterprises, Inc., Tradepro Inc., E.I DuPont De Nemours and Company, Kostal GMBH, Hoyer Global, WM Recycle America LLC, ThyssenKrupp Presta Mexico, Crown Worldwide, Citrofrut S.A. De C.V., Neptune Shipping Agency, Kuehne & Nagel Gesellschaft N.B.H., Recyclebenelux B.V., Cerveceria Modelo S.A. de C.V., ANN JOO Steel, Shandong Jinsheng Non-Ferrous Group Co. Ltd., Guilford Mills, Inc., Pagarini International Limited, Coffein Campagnie, Sociedad General De Importacion Y Exportacion S.A., ProSight Specialty Insurance Group, Inc., Styron LLC, Volkswagen AG, UAB Bellville Rodair International Baltic, Bolivia Crece Exportaciones, Shintech Inc., Fedex Trade Netwrok Transport & Brokerage (Mexico), Moolmane Moving, European Owens Corning Fiberglass SPRL, SNF Saint Avold, Royal & Sun Alliance, Stemcor (S.E.A.) PTE Ltd., Vero Marine Insurance, Compania Cervecera De Tropico S.A. De C.V., OOO Husqvarna, Team Relocation, International Paper Company, Klopferholz GmbH & Co KG, Volkswagen Logistics GMBH & Co., NCR Global Solutions Ltd., Continental Tire North America, Inc., Rasselstein GMBH, J.G. Schutte Honig GMBH, Lehmann & Viss & CI KG, America Chung Nam Inc., John Artis Ltd., LPL Automotive, Intralox and Saint Gobain Performance Plastics Ireland
Cross Defendant: Trouw Nutrition USA. LLC, Evergreen Packaging, Richard Murray, Hellmann Worldwide Logistics Inc., HDI Gerling Verzekeringen NV, Kolar Paper Mills PVT LTD, Travelers Property Casualty Company, Allianz Belgium, Proctor & Gamble International Operations SA, Hellmann Worldwide Logistics S.A. de C.V., Handelsmaatschappij Mawipex B.V., Comercial Internacional De Granos De Honduras S.A. De C.V., Gustav F. Hubener Gmbh, BDP International, Inc., BDM N.V, Union Cooperativas de Servicios Multiples del Norie, OOO "Ecotray", USG Interiors International, PT Hanil Jaya Steel, Bayer Pharma AG, NSB Niederelbe Schiffahrts Gesellschaft mbH & Co. KG, Adam Pack SAIC, Lubrizoil Corporation, BDP International, N.V., Basler Sachversicherungs-Aktiengesellshaft, Rubicon, LLC, NV Coffeeteam S.A., Zeppelin Baumaschien GmbH, Electrotechnica Arteche Hermanos, Oxfam Fairtrade CVBA, Handelsmaatchappij Mawipex B.V., OOO Pan Products, Verheyen/ AXA, ARK Trading LLC, XYZ Corporation(s) [1-X], Ocean World Liner, BASF Corporation, BASF SE, BE Aerospace, Inc., DuPont de Nemours (Nederland) B.V., Baloise Insurance Belgium, Suomen Energia Juomat Oy, Hill Rivkins Cargo Claimants, Air & Sea Stecher, Bayer AG, Kordsa Global Industriyel Iplik Ve Kord Bezi Sanayi Ve Ticaret A.S., Tahuamanu S.A., Voicevale Limited, Pelorus Ocean Line Ltd., E.I. DuPont De Nemours and Company, Champion Dai-Chi Tech, India and MICI-EMBACI
Lead Plaintiff: C.H. Robinson International Inc., Flomin, Inc., Rauan Nalco LLC, Mexpack International Movers S.A. de C., British American Tobacco PLC, LLC, C.H. Robinson Poland S.P. Zoo, Mueller Water Products, Inc., GP Cellulose GMBH, Ahlers EDC, SNF Holdings, Panalpina, Inc., Nalco Company, Ecolab, Inc., Arcelomittal, Protim Solignum Ltd., GP Harmon Recycling LLC, SNF Saint Avold, SNF SAS, Rim Logistics, Ltd., Potter Group, Ltd., Milliken & CO., Steinweg-Handelsveem, United Transport Tankcontainers BV, Tetra Technologies Norge, General Mills UK, Clariant Production, UK Ltd., Line X Acquisition LLC, CISC Ligget-Ducat, Eastman Chemical Company, Roam Global Logistics LLC, Ayecue Internacional S.L.U., Petroresurs, Clariant Corporation and VCK Rotterdam BV
3Rd Party Plaintiff: IWONA SIUTA, Suttons International (N.A.) Inc., BASF Corp., et al., Stolt Tank Containers B.V., Suttons International Ltd., National Union Fire INsurance Co. of Pittsburgh, PA, Danmar Lines, Ltd., Bulkhaul Ltd. and Agence Pierre Lelong Service
Cross Claimant: Samuel Shapiro & Company, Inc.
Case Number: 1:2012cv08892
Filed: December 7, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Albany
Presiding Judge: Sarah L Cave
Referring Judge: George B Daniels
2 Judge: Henry B Pitman
Nature of Suit: Contract: Marine
Cause of Action: 46:741
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2020 Opinion or Order Filing 1681 THIRD AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER (90-day extension): Depositions of expert witnesses shall be completed on or before July 2, 2021. All dispositive motions are to be filed by August 31, 2021, with answering papers to be filed by September 21, 2021, and reply papers to be filed by October 11, 2021. (As further set forth in this Order.) Motions due by 8/31/2021. Responses due by 9/21/2021 Replies due by 10/11/2021. Deposition due by 7/2/2021. (Signed by Judge George B. Daniels on 9/8/2020) Filed In Associated Cases: 1:12-cv-08892-GBD-SLC, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-GBD (cf) Modified on 9/10/2020 (cf).
September 2, 2020 Opinion or Order Filing 1680 ORDER: The status conference scheduled for September 15, 2020 is adjourned to December 1, 2020 at 9:45 a.m. (Status Conference set for 12/1/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/2/2020) (cf)
September 2, 2020 Filing 1679 LETTER addressed to Judge George B. Daniels from John A. V. Nicoletti dated September 2, 2020 re: Discovery Extension Request. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Conti/NSB Weekly Report, #2 Third Amended Scheduling Order - 90 day, #3 Third Amended Scheduling Order - 45 day).(Nicoletti, John)
July 6, 2020 Opinion or Order Filing 1678 STIPULATION TO AMEND JOINT ELECTRONIC DISCOVERY SUBMISSION AND ESI ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, that in consideration of the above, the deadline for production in the May 7, 2020 Joint Electronic Discovery Submission and ESI Order (ECF No. 1669) should be extended to July 24, 2020., Discovery due by 7/24/2020. (Signed by Magistrate Judge Sarah L Cave on 7/6/2020) (rj)
July 2, 2020 Filing 1677 LETTER addressed to Magistrate Judge Sarah L. Cave from Timothy Semenoro dated July 2, 2020 re: Stipulation and proposed Order to extend deadline. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Text of Proposed Order Stipulation and Order).(Semenoro, Timothy)
June 3, 2020 Filing 1676 MEMO ENDORSEMENT on re: #1674 Letter. ENDORSEMENT: The status conference scheduled for June 30, 2020 is adjourned to September 15, 2020 at 9:45 a.m. (Status Conference set for 9/15/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/3/2020) (jwh)
June 3, 2020 Opinion or Order Filing 1675 SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the following Second Amended Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. l. Document requests shall be served by all parties on or before July 19, 2019, and documents responsive to same shall be produced to the extent not objected to, and objections, if any, shall be stated on or before September 20, 2019. 2. Interrogatories shall be served by all parties on or before July 19, 2019, and responses to same shall be produced on or before September 20, 2019. 3. Contention Interrogatories shall be served on or before July 28, 2020, and responses to same shall be produced on or before August 6, 2020. 4. Depositions of fact witnesses shall be completed by September 3, 2020. 5. The parties shall disclose expert witnesses, including expert reports and underlying documents, on or before November 16, 2020, and any rebuttal expert witnesses, including expert reports and underlying documents, on or before January 4, 2021. 6. Depositions of expert witnesses shall be completed on or before April 2, 2021. 7. All dispositive motions are to be filed by May 31, 2021, with answering papers to be filed by June 21, 2021, and reply papers to be filed by July 9, 2021. (Deposition due by 4/2/2021. Motions due by 5/31/2021. Responses due by 6/21/2021 Replies due by 7/9/2021.) (Signed by Judge George B. Daniels on 6/3/2020) (jwh) Modified on 6/5/2020 (jwh).
June 2, 2020 Filing 1674 LETTER addressed to Judge George B. Daniels from Timothy Semenoro dated June 2, 2020 re: Status update and proposed amended discovery order. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Text of Proposed Order Scheduling Order).(Semenoro, Timothy)
May 21, 2020 Opinion or Order Filing 1673 STIPULATION AND ORDER OF DISMISSAL UPON SETTLEMENT: NOW, THEREFORE, Stolt and National Union, as subrogee of Deltech, through their attorneys, stipulate and agree that (i) all claims of National Union, as subrogee of Deltech, alleged against Stolt and all Stolt-related entities and (ii) all claims of National Union, as subrogee of Deltech, that sound in tort which were alleged against any other party, are dismissed with prejudice and without costs to any party. (Signed by Judge George B. Daniels on 5/21/2020) (jwh)
May 21, 2020 Filing 1672 PROPOSED STIPULATION AND ORDER. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V...(Nicoletti, John)
May 13, 2020 Filing 1671 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 4/28/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
May 13, 2020 Filing 1670 TRANSCRIPT of Proceedings re: Telephone Conference held on 4/28/2020 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/11/2020..(rro)
May 7, 2020 Opinion or Order Filing 1669 JOINT ELECTRONIC DISCOVERY SUBMISSION AND ESI ORDER. IT IS HEREBY STIPULATED AND AGREED, that this Joint Submission and Proposed ESI Order shall be the governing document by which the parties and the Court manage the electronic discovery process in this action relevant to production of documents and ESI from TSC. The parties and the Court recognize that this Joint Electronic Discovery Submission Proposed Order is based on facts and circumstances as they are currently known to each party, that an appeal is pending, that the electronic discovery process is iterative, and that additions and modifications to this Submission and ESI Order may become necessary as more information becomes known to the parties. Plaintiffs shall conduct a search of TSC's information storage system(s); and the file and email archive systems maintained by TSC for Mr. Johansson, Mr. Malm, Mr. Rhodin, Mr. Kahlmeter, Mr. Leissner, and Ms. Berndtsson for documents and ESI responsive to the joint requests for production of documents. Should this search reveal additional custodians, the Defending Interests may petition the court for the addition of custodians at that time and as further set forth in this Stipulation. The parties have agreed that Plaintiffs will produce all responsive documents and ESI no later than June 26, 2020, with production to be made in batches delivered by 5 p.m. each Wednesday, together with a report regarding: (i) the amount of materials reviewed and produced that week, (ii) the total amount of materials remaining to be reviewed, and (iii) the amount of materials estimated to be reviewed and produced in the upcoming week. The parties have agreed that each party shall bear the costs associated with its own production obligation, with no cost-shifting or cost-sharing to be applied. Additional conferences, or written status reports, shall be set every 4 weeks. An agenda should be submitted to the Court four (4) days before such conference indicating the issues to be raised by the parties. The parties may jointly seek to adjourn the conference with the Court by letter-motion filed 48 hours in advance of a scheduled conference, if the parties agree that there are no issues requiring Court intervention. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/7/20) (yv)
May 6, 2020 Filing 1668 LETTER addressed to Magistrate Judge Sarah L. Cave from Timothy Semenoro dated May 6, 2020 re: Joint proposed stipulation and order for ESI. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Stipulation and Proposed Order).(Semenoro, Timothy)
May 6, 2020 Filing 1667 MEMO ENDORSEMENT on re: #1666 Letter. ENDORSEMENT: The requested 1 day extension of time is GRANTED. (Signed by Magistrate Judge Sarah L Cave on 5/6/2020) (jwh)
May 5, 2020 Filing 1666 LETTER addressed to Magistrate Judge Sarah L. Cave from Timothy Semenoro dated May 5, 2020 re: Status update and request for 1 day extension. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG..(Semenoro, Timothy)
April 28, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 4/28/2020. Attorney Richard Stone and Attorney Robert Novak appeared on behalf of Stolt-Nielsen USA, Inc. and Stolt Tank Containers, B.V. Attorney Lawrence Demeo, Attorney Joseph Perrone, and Attorney Timothy McDonnell appeared on behalf of Deltech Corporation. Attorney Timothy Semenoro and Attorney Eugene Joseph O'Connor appeared on behalf of Conti 11 - Container Schiffahrts-GmbH & Co. KG MS. Attorney James Johnson appeared on behalf of BDP International N.V. Attorney Jon Werner appeared on behalf of MSC Mediterranean Shipping Company, S.A. Attorney Charles Schmidt appeared on behalf of Nat. Union Fire Insurance Co. of Pittsburgh, P.A. The parties are to submit a joint proposed stipulation and order covering ESI production protocols by May 5, 2020. If there are areas over which the parties disagree, each party shall submit proposed language for the Court's consideration. (ne)
April 16, 2020 Filing 1665 LETTER addressed to Magistrate Judge Sarah L. Cave from John A.V. Nicoletti dated April 16, 2020 re: Response to plaintiffs counsels opposition to request for a conference. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit Enclosure).(Nicoletti, John)
April 15, 2020 Opinion or Order Filing 1664 MEMO ENDORSEMENT on re: #1661 Letter seeking a conference, filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. ENDORSEMENT: The requested conference is GRANTED. The parties are directed to call the Court's conference line at 866-390-1828, access code, 380-9799, on April 28, 2020 at 10:00 am. SO ORDERED., ( Telephone Conference set for 4/28/2020 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 4/15/20) (yv)
April 14, 2020 Opinion or Order Filing 1663 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: April 13, 2020 Letter Motion on Discovery Dispute (ECF No. 1661). Referred to Magistrate Judge Sarah L Cave. (Signed by Judge George B. Daniels on 4/14/2020) (jwh)
April 14, 2020 Filing 1662 LETTER addressed to Judge George B. Daniels from Timothy Semenoro dated April 14, 2020 re: Response to April 13 letter request for conference to address discovery. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit Referenced correspondence).(Semenoro, Timothy)
April 13, 2020 Filing 1661 LETTER addressed to Judge George B. Daniels from John A. V. Nicoletti dated April 13, 2020 re: seeking a conference to address discovery issues and discovery relief. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Enclosure).(Nicoletti, John)
April 10, 2020 Filing 1660 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/10/2019 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
April 10, 2020 Filing 1659 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/10/2019 before Judge George B. Daniels. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/1/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/9/2020..(McGuirk, Kelly)
March 25, 2020 Filing 1658 RETURN OF LETTERS ROGATORY as to Freie Hansestadt from Bremen, Germany. (Attachments: #1 Letter Rogatory Pt 2)(ad)
March 5, 2020 Terminate Transcript Deadlines (jwh)
March 5, 2020 Filing 1657 MEMO ENDORSEMENT on re: #1655 Letter. ENDORSEMENT: The status conference scheduled for March 31, 2020 is adjourned to June 30, 2020 at 9:45 a.m. (Status Conference set for 6/30/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/5/2020) (jwh)
March 5, 2020 Opinion or Order Filing 1656 FIRST AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the following First Amended Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. The plan is as follows:1. Document requests shall be served by all parties on or before July 19, 2019, and documents responsive to same shall be produced to the extent not objected to, and objections, if any, shall be stated on or before September 20, 2019.2. Interrogatories shall be served by all parties on or before July 19, 2019, and responses to same shall be produced on or before September 20, 2019. 3. Contention Interrogatories shall be served on or before May 28, 2020, and responses to same shall be produced on or before July 3, 2020. 4. Depositions of fact witnesses shall be completed by July 3, 2020. 5. The parties shall disclose expert witnesses, including expert reports and underlying documents, on or before September 15, 2020, and any rebuttal expert witnesses, including expert reports and underlying documents, on or before November 3, 2020. 6. Depositions of expert witnesses shall be completed on or before February 2, 2021. 7. All dispositive motions are to be filed by March 30, 2021, with answering papers to be filed by April 20, 2021, and reply papers to be filed by May 4, 2021. SO ORDERED. Motions due by 3/30/2021. Responses due by 4/20/2021 Replies due by 5/4/2021. Deposition due by 2/2/2021. (Signed by Judge George B. Daniels on 3/5/2020) Filed In Associated Cases: 1:12-cv-08892-GBD-SLC, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-GBD (rj)
March 4, 2020 Filing 1655 LETTER addressed to Judge George B. Daniels from Timothy Semenoro dated March 4, 2020 re: Joint status letter with request to extend discovery deadlines. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG..(Semenoro, Timothy)
March 3, 2020 Filing 1654 LETTER addressed to Judge George B. Daniels from John A.V. Nicoletti dated March 3, 2020 re: Certified translation of German document. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Attachment to Letter).(Stone, Richard)
March 2, 2020 Filing 1653 LETTER addressed to Judge George B. Daniels from Court Clerk, District Court Bremen, Germany dated January 31, 2020 re: hearing notice. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V...(Stone, Richard)
December 10, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 12/10/2019, ( Status Conference set for 3/31/2020 at 09:45 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Eugene Joseph OConnor, Timothy Semenoro Defense Counsel: Jon Werner, Joseph John Perrone, Lawrence K. Demeo, Rick W. Stone, Robert Andrew Novak, Peggy L Collen and Court Reporter present. (Vega, Elizabeth)
November 26, 2019 Opinion or Order Filing 1652 MEMO ENDORSEMENT on re: #1651 Letter filed by Eagle Paper International, Inc. ENDORSEMENT: SO ORDERED. (Attorney Patrick Ryan McElduff terminated.) (Signed by Judge George B. Daniels on 11/26/2019) (jwh)
November 22, 2019 Filing 1651 LETTER addressed to Judge Paul G. Gardephe from James W. Carbin dated November 22, 2019 re: Patrick Ryan McElduff appearance Withdrawn he is longer with Duane Morris. Document filed by Eagle Paper International, Inc..(Carbin, James)
November 21, 2019 LETTERS ROGATORY ISSUED on November 21, 2019, and picked up by Nicoletti Hornig & Sweeney, and to (1) obtain documents and the sworn testimony in Germany, Romania, and Denmark of representatives of the following non-parties: (i) EUROGATE Container Terminal Wilhelmshaven GmbH & Co. KG / EUROGATE Container Terminal Wilhelmshaven Beteiligungsgesellschaft mbH (collectively, EUROGATE); (ii) JadeWeserPort Realisierungs GmbH & Co. KG (hereinafter JWP); (iii) Nehlsen GmbH & Co. KG (hereinafter NEHLSEN); (iv) Damen Shipyards Mangalia S.A. (formerly Daewoo-Mangalia Heavy Industries S.A.) / Damen Workforce Mangalia S.R.L. (formerly Daewoo Mangalia Human Resources Management S.R.L.) (collectively, DMHI); and (v) Fortum Waste Solutions A/S (formerly Nordgroup A/S); (2) to obtain testimonial evidence from JadeWeserPort Realisierungs GmbH & Co. KG in Germany; (3) to obtain testimonial evidence from from Nehlsen GmbH & Co. KG located in Germany (4) to obtain documentary and testimonial evidence from Damen Shipyards Mangalia S.A. (formerly Daewoo-Mangalia Heavy Industries S.A.) / Damen Workforce Mangalia S.R.L. (formerly Daewoo Mangalia Human Resources Management S.R.L.)located in Romania; and (5) to obtain documentary and testimonial evidence from Fortum Waste Solutions A/S located in Denmark. (km)
November 19, 2019 Filing 1650 MEMO ENDORSEMENT on REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE IN CIVIL OR COMMERCIAL MATTERS re: #1642 MOTION for Issuance of Letters Rogatory. (Signed by Judge George B. Daniels on 11/19/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
November 19, 2019 Opinion or Order Filing 1649 ORDER GRANTING APPLICATION FOR ISSUANCE OF INTERNATIONAL LETTERS OF REQUEST (LETTERS ROGATORY) re: #1642 MOTION for Issuance of Letters Rogatory: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The Application is GRANTED. This Court shall sign the Letters of Request attached to the Application as Exhibits A, B, C, D, and E and affix the seal of the United States District Court for the Southern District of New York over said signature in each of the Letters of Request. The Clerk of the District Court is directed to return the original, signed Letters of Request to counsel for the Applicants so that said Letters of Request may be issued to the Competent Judicial Authorities of the Federal Republic of Germany, Romania, and the Kingdom of Denmark. The Applicants are directed to transmit the original, signed Letters of Request to the Competent Judicial Authorities of the Federal Republic of Germany (Exhibits A, B, and C), Romania (Exhibit D), and the Kingdom of Denmark (Exhibit E). The Court shall retain jurisdiction over any and all issues arising from or related to the implementation and interpretation of this order. (Signed by Judge George B. Daniels on 11/19/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
November 19, 2019 Filing 1648 MEMO ENDORSEMENT on REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE IN CIVIL OR COMMERCIAL MATTERS re: #1642 MOTION for Issuance of Letters Rogatory. (Signed by Judge George B. Daniels on 11/19/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
November 19, 2019 Filing 1647 MEMO ENDORSEMENT on REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE IN CIVIL OR COMMERCIAL MATTERS re: #1642 MOTION for Issuance of Letters Rogatory. (Signed by Judge George B. Daniels on 11/19/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
November 19, 2019 Filing 1646 MEMO ENDORSEMENT on REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE IN CIVIL OR COMMERCIAL MATTERS re: #1642 MOTION for Issuance of Letters Rogatory. (Signed by Judge George B. Daniels on 11/19/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
November 19, 2019 Filing 1645 MEMO ENDORSEMENT on REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE IN CIVIL OR COMMERCIAL MATTERS re: #1642 MOTION for Issuance of Letters Rogatory. (Signed by Judge George B. Daniels on 11/19/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
November 19, 2019 Filing 1644 MEMO ENDORSEMENT on REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE IN CIVIL OR COMMERCIAL MATTERS re: #1642 MOTION for Issuance of Letters Rogatory. (Signed by Judge George B. Daniels on 11/19/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
November 19, 2019 Filing 1643 MEMO ENDORSEMENT granting #1642 Motion for Issuance of Letters Rogatory. (Signed by Judge George B. Daniels on 11/19/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
November 11, 2019 Filing 1642 MOTION for Issuance of Letters Rogatory as to EUROGATE Container Terminal Wilhelmshaven GmbH & Co. KG / EUROGATE Container Terminal Wilhelmshaven Beteiligungsgesellschaft mbH; (2) JadeWeserPort Realisierungs GmbH & Co. KG; (3) Nehlsen GmbH & Co. KG; (4) Damen Shipyards Mangalia S.A. / Damen Workforce Mangalia S.R.L.; and (5) Fortum Waste Solutions A/S (via respective Central Authorities) in Germany for Eurogate, JWP and Nehlsen; Romania for Damen; and Denmark for Fortum. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(Nicoletti, John)
October 2, 2019 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Sarah L. Cave, for Specific Non-Dispositive Motion/Dispute. Magistrate Judge Henry B. Pitman no longer referred to the case. (wb)
October 2, 2019 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L Cave. Please note that this is a reassignment of the designation only. (wb)
October 2, 2019 Magistrate Judge Sarah L. Cave is so redesignated. (ad)
August 27, 2019 Filing 1641 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/16/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 27, 2019 Filing 1640 TRANSCRIPT of Proceedings re: conference held on 7/16/2019 before Judge George B. Daniels. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2019. Redacted Transcript Deadline set for 9/27/2019. Release of Transcript Restriction set for 11/25/2019.(McGuirk, Kelly)
August 23, 2019 Filing 1639 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/16/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 23, 2019 Filing 1638 TRANSCRIPT of Proceedings re: conference held on 7/16/2019 before Judge George B. Daniels. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/13/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/21/2019.(McGuirk, Kelly)
July 16, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 7/16/2019, ( Status Conference set for 12/10/2019 at 10:00 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Eugene Joseph O'Connor, Timothy Semenoro Defense Counsel: Edward P. Flood, John Randolph Foster, Jon Werner, Joseph John Perrone, Lawrence K. Demeo, Charles Edward Schmidt, John Anthony Vincent Nicoletti, Rick W. Stone, Robert Andrew Novak, James Johnson, Peter Runkel Knight, Charles Edward Schmidt and Court Reporter present. Associated Cases: 1:12-cv-08892-GBD-HBP, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-GBD(Vega, Elizabeth)
July 16, 2019 Opinion or Order Filing 1637 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. The plan is as follows: Depositions of fact witnesses due by 4/3/2020. Deposition of expert witnesses due by 10/16/2020. Motions due by 12/13/2020. Responses due by 1/3/2021 Replies due by 1/17/2021. (Signed by Judge George B. Daniels on 7/16/2019) Filed In Associated Cases: 1:12-cv-08892-GBD-HBP, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-GBD(jwh)
July 12, 2019 Filing 1636 LETTER addressed to Judge George B. Daniels from Timothy Semenoro dated July 12, 2019 re: Status and discovery schedule. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
June 7, 2019 Filing 1635 RULE 26 DISCLOSURE.Document filed by National Union Fire Insurance Company of Pittsburgh, PA, National Union Fire Insurance Company of Pittsburgh, PA, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV, Stolt Tank Containers France SAS, Stolt Tank Containers Germany GMBH.(Jordan, Frank)
April 3, 2019 Opinion or Order Filing 1634 ORDER: Before this Court is the joint status letter from attorney Timothy Semenoro to this Court dated April 1, 2019 on behalf of all the parties in this case, ECF No. 1633. The parties shall exchange disclosures pursuant to Rule 26 of the Federal Rules of Civil Procedure for Phase 3 of the case, regarding damages, on or before June 7, 2019. The parties shall propose a case management plan with dates for the exchange of documents and interrogatories, depositions, the close of fact and expert discovery, and any summary judgment motions on or before July 12, 2019. All counsel in the above-captioned case are directed to appear before this Court on July 16, 2019 at 9:45 a.m. (Status Conference set for 7/16/2019 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 4/3/2019) (rro)
April 1, 2019 Filing 1633 LETTER addressed to Judge George B. Daniels from Timothy Semenoro dated April 1, 2019 re: Requested joint status letter. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
December 3, 2018 Opinion or Order Filing 1632 ORDER: IT IS HEREBY ORDERED: That Plaintiff Conti direct the General Average Adjusters (a) to accept the Letters of Undertaking in the forms attached hereto as Exhibits 1, 2, and 3, in connection with the (1) Hill Rivkins Cargo Claimants, (2) Duane Morris Cargo Claimants, and (3) Suttons International (N.A.) Inc., and Suttons International Ltd. Tank Container Claimants, as reasonable substitute security for the potential general average obligations of the Cargoes and/or Tank Containers set forth in the respective Schedule A that is attached to each Letter of Undertaking; and (b) issue written notice of cancellation of the general average bonds. guarantees and other forms of general average security that were previously posted for the Cargoes and/or Tank Containers that are set forth in the respective Schedule A that is attached to each Letter of Undertaking upon receipt of the executed Letter of Undertaking. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 11/30/2018) (ne)
November 21, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1631 Proposed Order, was reviewed and approved as to form. (dt)
November 21, 2018 Filing 1631 PROPOSED ORDER. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit 1 - LOU & HR Schedule, #2 Exhibit 2 - LOU & DM Schedule, #3 Exhibit 3 - LOU & Suttons Schedule) Related Document Number: #1582 . (Sullivan, John) Proposed Order to be reviewed by Clerk's Office staff.
November 21, 2018 Filing 1630 LETTER addressed to Magistrate Judge Henry B. Pitman from John J. Sullivan, Esq. dated 11/21/2018 re: Submission of Proposed Order. Document filed by Hill Rivkins Cargo Claimants.(Sullivan, John)
November 14, 2018 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 11/14/2018. (ajc)
November 12, 2018 Filing 1629 LETTER addressed to Magistrate Judge Henry B. Pitman from Eugene J. O'Connor dated November 12, 2018 re: Pre-judgment conference. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Letter to Judge Forrest dated September 11, 2018, #2 Letter to Judge Sullivan dated October 4, 2018 with enclosures)(O'Connor, Eugene)
November 9, 2018 Opinion or Order Filing 1628 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute November 7, 2018 Letter Dispute (ECF No. 1627). Referred to Magistrate Judge Henry B. Pitman. SO ORDERED. (Signed by Judge George B. Daniels on 11/8/18) (yv)
November 7, 2018 Filing 1627 LETTER addressed to Judge George B. Daniels from John J. Sullivan, Esq. dated 11/7/2018 re: Requesting Conference. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit 1 -- Letter of 9/6/2018 ECF Doc. No. 1582)(Sullivan, John)
November 1, 2018 NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Andrew L. Carter, Jr is no longer assigned to the case. Filed In Associated Cases: 1:12-cv-08892-ALC, 1:13-cv-05264-ALC(sjo)
October 29, 2018 NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Richard J. Sullivan is no longer assigned to the case. (sjo)
October 25, 2018 Filing 1626 LETTER addressed to Judge Richard J. Sullivan from Timothy Semenoro dated October 25, 2018 re: Update on non-binding mediation. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
October 12, 2018 Opinion or Order Filing 1625 ORDER: IT IS HEREBY ORDERED that the pre-motion conference previously scheduled for Wednesday, October 17, 2018 at 12:30 p.m. is adjourned sine die. The Court regrets any inconvenience to the parties caused by this necessary adjournment. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/12/2018) (ne)
October 9, 2018 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #1624 Notice of Interlocutory Appeal, filed by Deltech Corporation were transmitted to the U.S. Court of Appeals. (tp)
October 9, 2018 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1624 Notice of Interlocutory Appeal. (tp)
October 9, 2018 Filing 1624 NOTICE OF INTERLOCUTORY APPEAL from #1447 Memorandum & Opinion, #1549 Order on Motion in Limine,,,,,,,,,,, #1619 Memorandum & Opinion,, #1282 Memorandum & Opinion,,,. Document filed by Deltech Corporation. Filing fee $ 505.00, receipt number ANYSDC-15688688. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Demeo, Lawrence)
October 9, 2018 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #1623 Notice of Appeal,, filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. were transmitted to the U.S. Court of Appeals. (nd)
October 9, 2018 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1623 Notice of Appeal,,. (nd)
October 9, 2018 Filing 1623 NOTICE OF APPEAL from #1331 Memorandum & Opinion, #1447 Memorandum & Opinion, #1313 Order, #937 Memorandum & Opinion,, #1549 Order on Motion in Limine,,,,,,,,,,, #1287 Order on Motion for Summary Judgment, #1619 Memorandum & Opinion,, #1282 Memorandum & Opinion,,,. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. Filing fee $ 505.00, receipt number ANYSDC-15682002. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Nicoletti, John)
October 4, 2018 Filing 1622 LETTER addressed to Judge Richard J. Sullivan from Eugene J. O'Connor dated October 4, 2018 re: Response to Hill Rivkins letter dated September 11, 2018. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(O'Connor, Eugene)
September 27, 2018 Opinion or Order Filing 1621 ORDER: IT IS HEREBY ORDERED THAT Plaintiffs Conti and NSB shall respond to the Cargo Claimants' letter no later than Thursday, October 4, 2018. IT IS FURTHER ORDERED THAT the Cargo Claimants and Plaintiffs Conti and NSB shall appear of a pre-motion conference on Wednesday, October 17, 2018 at 12:30 p.m. The other parties are welcome, but not required, to attend. SO ORDERED. Pre-Motion Conference set for 10/17/2018 at 12:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 9/27/2018) (rj)
September 20, 2018 NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Katherine B. Forrest is no longer assigned to the case. (sjo)
September 11, 2018 Filing 1620 LETTER addressed to Judge Katherine B. Forrest from Eugene J. O'Connor dated September 11, 2018 re: response to letter by John J. Sullivan on substitute security. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(O'Connor, Eugene)
September 10, 2018 Opinion or Order Filing 1619 OPINION & ORDER. Liability in this matter is determined as set forth above. As agreed at the Final Pre-Trial Conference, the parties are ordered to participate in mediation in an attempt to resolve all remaining issues in this case, including the quantum of damages. To this end, the parties are ordered within 45 days of this Opinion & Order to meet and confer and then to provide the Court with their proposed process and timeframe for non-binding mediation. SO ORDERED. (Signed by Judge Katherine B. Forrest on 9/10/2018) (anc)
September 6, 2018 Filing 1618 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/29/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1617 TRANSCRIPT of Proceedings re: trial held on 8/29/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1616 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/22/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1615 TRANSCRIPT of Proceedings re: trial held on 8/22/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1614 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/21/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1613 TRANSCRIPT of Proceedings re: trial held on 8/21/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1612 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/20/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1611 TRANSCRIPT of Proceedings re: trial held on 8/20/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1610 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/17/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1609 TRANSCRIPT of Proceedings re: trial held on 8/17/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1608 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/16/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1607 TRANSCRIPT of Proceedings re: trial held on 8/16/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1606 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/15/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1605 TRANSCRIPT of Proceedings re: trial held on 8/15/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1604 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/14/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1603 TRANSCRIPT of Proceedings re: trial held on 8/14/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1602 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/13/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1601 TRANSCRIPT of Proceedings re: trial held on 8/13/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1600 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 8/29/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1599 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 8/29/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1598 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 8/22/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1597 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 8/22/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1596 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 8/21/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1595 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 8/21/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1594 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 8/20/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1593 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 8/20/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1592 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 8/17/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1591 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 8/17/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1590 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 8/16/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1589 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 8/16/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1588 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 8/15/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1587 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 8/15/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1586 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 8/14/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1585 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 8/14/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1584 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 8/13/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 6, 2018 Filing 1583 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 8/13/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly)
September 6, 2018 Filing 1582 LETTER addressed to Judge Katherine B. Forrest from John J. Sullivan, Esq. dated 9/6/2018 re: Requesting Conference. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit 1 - Proposed Letter of Undertaking)(Sullivan, John)
September 6, 2018 Opinion or Order Filing 1581 MEMO ENDORSEMENT: on re: #1580 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: The Court reporter shall make the indicated changes immediately and deliver a final transcript to the Court (electronically) not later than 9/7/2018 at 9 am. So Ordered. (Signed by Judge Katherine B. Forrest on 9/6/2018) (js)
September 5, 2018 Filing 1580 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated Sept. 5, 2018 re: Joint errata for Phase 2 trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit Joint errata for Phase 2 trial)(Semenoro, Timothy)
August 30, 2018 Filing 1579 LETTER addressed to Judge Katherine B. Forrest from James W. Johnson, Esquire dated 8/30/18 re: BDP Closing Presentation. Document filed by BDP International, Inc.. (Attachments: #1 BDP Closing Presentation)(Johnson, James)
August 30, 2018 Filing 1578 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated August 30, 2018 re: Closing statement PowerPoint slides. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit PowerPoint slides)(Semenoro, Timothy)
August 30, 2018 Filing 1577 LETTER addressed to Judge Katherine B. Forrest from Peter R. Knight dated August 30, 2018 re: Closing Argument. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Closing Argument PowerPoint)(Knight, Peter)
August 30, 2018 Filing 1576 LETTER addressed to Judge Katherine B. Forrest from John A. V. Nicoletti dated 08/30/2018 re: Stolt's Closing Presentation. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Stolt's Closing Argument Outline, #2 Stolt's Closing Presentation Part 1, #3 Stolt's Closing Presentation Part 2, #4 Stolt's Closing Presentation Part 3)(Nicoletti, John)
August 30, 2018 Filing 1575 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated August 30, 2018 re: closing presentation. Document filed by Mediterranean Shipping Company S.A.. (Attachments: #1 Closing Presentation)(Flood, Edward)
August 30, 2018 Filing 1574 LETTER addressed to Judge Katherine B. Forrest from Lawrence K. DeMeo dated August 30, 2018 re: Deltech's Closing Slides. Document filed by Deltech Corporation. (Attachments: #1 Closing Slides Part 1, #2 Closing Slides Part 2)(Demeo, Lawrence)
August 30, 2018 Filing 1573 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated August 30, 2018 re: supplemental citations. Document filed by Mediterranean Shipping Company S.A..(Flood, Edward)
August 30, 2018 Filing 1572 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated August 30, 2018 re: supplemental citations pertaining to the sufficiency of the material safety data sheet to place the carrier on notice of the nature of the cargo and discharge the shipper's duty to warn. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
August 29, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial completed on 8/29/2018. (ft)
August 28, 2018 Opinion or Order Filing 1571 ORDER: The Court requires the following process to occur regarding trial errata: 1. The parties shall gather all their trial errata into one document. 2. The parties shall confer on the errata in an attempt to agree on the proposed errata and to isolate any remaining differences between the parties. 3. The parties shall provide one joint errata document to the Court that includes all the proposed errata. If there are any remaining differences that the parties cannot resolve, the parties will provide those differences, and their respective positions regarding those differences, in the same joint document with the agreed upon errata. The joint errata document is due no later than Wednesday, September 5, 2018. Once the Court has received that document, the Court will rule on any remaining differences and provide the final list of corrections to the trial transcript to the court reporters. SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/28/2018) (ne)
August 27, 2018 Filing 1570 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated August 27, 2018 re: Amended / Annotated Proposed Facts. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit Amended / Annotated Facts)(Semenoro, Timothy)
August 27, 2018 Filing 1569 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated August 27, 2018 re: Opposition to NSB and Conti Letter of August 24, 2018. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
August 27, 2018 Filing 1568 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by BDP International, Inc.. (Attachments: #1 Supplement BDP Amended Supplemental Proposed Conclusions of Law, #2 Certificate of Service)(Johnson, James)
August 27, 2018 Filing 1567 LETTER addressed to Judge Katherine B. Forrest from Peter R. Knight dated August 27, 2018 re: Errata for Phase 2 Transcript. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC.(Knight, Peter)
August 27, 2018 Filing 1566 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated August 27, 2018 re: Errata for Phase 2 trail transcript. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
August 27, 2018 Filing 1565 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated August 27, 2018 re: Response to NSB letter regarding disclosure and agency. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV.(Nicoletti, John)
August 25, 2018 Filing 1564 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV.(Nicoletti, John)
August 24, 2018 Filing 1563 LETTER addressed to Judge Katherine B. Forrest from Eugene J. O'Connor dated August 24, 2018 re: Cargo hold ventilation and temperature. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
August 24, 2018 Filing 1562 LETTER addressed to Judge Katherine B. Forrest from Eugene J. O'Connor dated August 24, 2018 re: Disclosure as to Plaintiffs and the MSC FLAMINIA. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
August 23, 2018 Filing 1561 LETTER addressed to Judge Katherine B. Forrest from John A. V. Nicoletti dated 8/23/18 re: bailees obligations to follow bailors instructions. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV.(Nicoletti, John)
August 22, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 8/22/2018. (ft)
August 22, 2018 Filing 1560 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 8/10/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 22, 2018 Filing 1559 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/10/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018.(McGuirk, Kelly)
August 21, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 8/21/2018. (ft)
August 20, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 8/20/2018. (ft)
August 17, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 8/17/2018. (ft)
August 17, 2018 Filing 1558 MEMO ENDORSEMENT on LIVE WITNESSES WITH 30(b)6 DEPOSITION TRANSCRIPTS DESIGNATED IN PHASE II. ENDORSEMENT: This list of deposition designations that relate to 30(b)(6) witnesses was provided to the Court on 8/17/2018. (Signed by Judge Katherine B. Forrest on 8/17/2018) (jwh)
August 16, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 8/16/2018. (jp)
August 16, 2018 Filing 1557 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated August 16, 2018 re: "disclosures" in the context of a claim of negligent failure to warn. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
August 15, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 8/15/2018. (jp)
August 14, 2018 Filing 1556 NOTICE of Stipulation Between Stolt-Nielsen USA Inc. And Stolt Tank Containers B.V. And BDP International Inc. regarding trial testimony of Janet Johnson. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
August 14, 2018 Filing 1555 LETTER addressed to Judge Katherine B. Forrest from James F. Sweeney dated August 14, 2018 re: Stolt and Deltech's Amended Proposed Findings of Facts for Chapter XV only. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Sweeney, James)
August 14, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 8/14/2018. (jp)
August 13, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial begun on 8/13/2018. (jp)
August 12, 2018 Filing 1554 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated 8/12/2018 re: disclosures to ocean carriers. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
August 12, 2018 Filing 1553 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated August 12, 2018 re: Requested table of pending claims. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
August 12, 2018 Filing 1552 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated August 12, 2018 re: extent to which COGSA applies. Document filed by Mediterranean Shipping Company S.A..(Flood, Edward)
August 10, 2018 Opinion or Order Filing 1551 ORDER: To help keep the record clear, the parties are directed to address all future communications with the Court, including all emails, to "Judge Forrest" (e.g., not in the name of a clerk). The parties are also reminded that nothing substantive should be communicated to the Court by email. So Ordered. (Signed by Judge Katherine B. Forrest on 8/10/2018) (js)
August 10, 2018 Filing 1550 REPLY MEMORANDUM OF LAW in Opposition re: #1545 Pretrial Memorandum on behalf of Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. and Deltech Corportation. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
August 10, 2018 Opinion or Order Filing 1549 ORDER denying #1499 Motion in Limine; denying #1502 Motion in Limine; denying #1503 Motion in Limine; denying #1507 Motion in Limine. In addition to the Order issued today (ECF No. 1547), and as set forth on the record at the conference on August 10, 2018, all pending motions in limine are resolved. Motions in limine at ECF Nos. 1499, 1502, 1503, and 1507 are therefore administratively denied. The Clerk of the Court is directed to close such motions. So Ordered (Signed by Judge Katherine B. Forrest on 8/10/2018) (js)
August 10, 2018 Opinion or Order Filing 1548 ORDER: In response to the Court's order (see ECF No. 1237), on May 17, 2017, the parties provided the Court with a chart illustrating (1) all the claims by any party against any other party, (2) which of those claims have been resolved by settlement and which remain pending, and (3) the relevant pending motions for each party (by ECF docket number) (see ECF No. 1239). Before the Phase II trial, the Court needs to understand which claims remain unresolved at this point. Accordingly, the Court directs the parties to jointly submit an updated chart that includes (1) all the claims by any party against any other party and (2) which of those claims have been resolved by settlement or order and which remain pending. The parties should submit this chart not later than Sunday, August 12, 2018, at 6:00 pm. The parties should submit this document by email to the Chambers' email and file it on the docket within a day thereafter. So Ordered. (Signed by Judge Katherine B. Forrest on 8/10/2018) (js)
August 9, 2018 Opinion or Order Filing 1547 MEMO ENDORSEMENT on re: #1509 Notice (Other) filed by Chemtura Corporation, Rubicon, LLC, Chemtura Europe GmbH, Chemtura Italy S.R.L. ENDORSEMENT: Ordered: [Resolves ECF No. 1509 (1) The Court's rulings on what shall be admissible from Wybenga are indicated herein. (2) Exclusions Based on one/more of the following: -Improper narative. -outside his area of expertise. -opining on ultimate concl. -Legal conclusions. -Unnecessary-- not needed to assist the Court's understanding of the issues. _Factual statements that must come in through a competent witness. So Ordered. (Signed by Judge Katherine B. Forrest on 8/9/2018) (js)
August 9, 2018 Opinion or Order Filing 1546 ORDER: The final pretrial conference previously scheduled for August 9, 2018, at 3:00 pm is hereby rescheduled for Friday, August 10, 2018, at 11:00 a.m. ( Final Pretrial Conference set for 8/10/2018 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/9/2018) (js)
August 6, 2018 Filing 1545 PRETRIAL MEMORANDUM. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Appendix)(Flood, Edward)
August 6, 2018 Filing 1544 PRETRIAL MEMORANDUM. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
August 6, 2018 Filing 1543 PRETRIAL STATEMENT Memorandum. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC.(Knight, Peter)
August 6, 2018 Filing 1542 PRETRIAL MEMORANDUM. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(O'Connor, Eugene)
August 6, 2018 Filing 1541 PRETRIAL MEMORANDUM. Document filed by BDP International, Inc..(Johnson, James)
August 3, 2018 Filing 1540 JOINT PRELIMINARY TRIAL REPORT. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit B - Stolt-Deltech deposition designations, #2 Exhibit C - BDP deposition designations, #3 D - Chemtura deposition designations, #4 E - MSC deposition designations, #5 F - Plaintiffs deposition designations, #6 G - Stolt-Deltech exhibit list, #7 H - BDP exhibit list, #8 I - Chemtura exhibit list, #9 J - MSC trial exhibits, #10 K - Plaintiffs exhibit list, #11 M - BDP amended facts and law)(Semenoro, Timothy)
July 30, 2018 Filing 1539 JOINT PRELIMINARY TRIAL REPORT. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit L - Stolt and Deltech proposed fact and law, #2 Exhibit M - BDP proposed fact and law, #3 Exhibit N - Chemtura proposed fact and law, #4 Exhibit O - MSC proposed fact and law, #5 Exhibit P - Plaintiff proposed fact and law)(Semenoro, Timothy)
July 27, 2018 Opinion or Order Filing 1538 ORDER: An in-person final pretrial conference is hereby scheduled for Thursday, August 9, 2018 at 3:00 p.m. SO ORDERED. (Final Pretrial Conference set for 8/9/2018 at 03:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/27/2018) (ne)
July 27, 2018 Opinion or Order Filing 1537 ORDER: The Court is in receipt of the parties' joint letter filed on July 24, 2018. (ECF No. 1532.) The Court will not handle this trial differently than any other trial it has held previously and plans to proceed with trial on August 13, 2018. As with all trials, the question of post-trial briefs will be decided during trial; it is entirely possible that: (1) even without the undersigned's scheduling constraints, post-trial briefs will be unnecessary; and (2) the Court would not allow them. The parties have already briefed the issues extensively; whether additional briefing will be necessary will be based on how the evidence comes in. Post-trial motions are not as of right, though will likely be heard either by the undersigned or by a judge to whom this case is transferred. As to the issue of apportionment, the Court will render a decision on all issues that are adequately addressed by the Phase II trial record. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/27/2018) (ne)
July 26, 2018 Filing 1536 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated July 26, 2018 re: Joint response on Phase 2 trial duration. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
July 25, 2018 Filing 1535 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated July 25, 2018 re: Response to Stolt's letter objection (Docket#1534). Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
July 24, 2018 Filing 1534 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated 7/24/2018 re: Deltech's and Stolt's objection to the submission of new testimony as exhibits along with NSB/Conti's Memorandum of Law In Response To Stolts Motion In Limine to Exclude Certain Testimony and Designations. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit A (Email))(Nicoletti, John)
July 24, 2018 Opinion or Order Filing 1533 ORDER: The Court currently expects the Phase II trial to last three weeks. The parties are directed to submit a joint letter not later than July 26, 2018 informing the Court of how long they expect the trial to last (and, as needed, a witness list and predicted times). SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/24/2018) (rro)
July 24, 2018 Filing 1532 LETTER addressed to Judge Katherine B. Forrest from Eugene J. O'Connor dated July 24, 2018 re: Your Honor's retirement announcement. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(O'Connor, Eugene)
July 24, 2018 Filing 1531 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated July 24, 2018 re: correction to MSC's response to Deltech motion in limine. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
July 20, 2018 Filing 1530 MEMORANDUM OF LAW in Opposition re: #1499 MOTION in Limine for Phase 2 of Trial. . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
July 20, 2018 Filing 1529 MEMORANDUM OF LAW in Opposition re: #1507 MOTION in Limine for Phase 2 of Trial. . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
July 20, 2018 Filing 1528 DECLARATION of Edward P. Flood in Opposition re: #1499 MOTION in Limine for Phase 2 of Trial., #1507 MOTION in Limine for Phase 2 of Trial.. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - Morton transcript, #2 Exhibit 2 - De Maio transcript, #3 Exhibit 3 - Bozzo transcript, #4 Exhibit 4 - Kutz 30(b)(6) transcript, #5 Exhibit 5 - Kutz transcript, #6 Exhibit 6 - Levine transcript, #7 Exhibit 7 - Fauske transcript, #8 Exhibit 8 - Sikma 30(b)(6) transcript, #9 Exhibit 9 - Vince report, #10 Exhibit 10 - Vince transcript, #11 Exhibit 11 - Dolan report, #12 Exhibit 12 - Dolan transcript)(Flood, Edward)
July 20, 2018 Filing 1527 DECLARATION of Henning Scharringhausen in Opposition re: #1499 MOTION in Limine for Phase 2 of Trial.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit 1 (part 1 of 17), #2 Exhibit 1 (part 2 of 17), #3 Exhibit 1 (part 3 of 17), #4 Exhibit 1 (part 4 of 17), #5 Exhibit 1 (part 5 of 17), #6 Exhibit 1 (part 6 of 17), #7 Exhibit 1 (part 7 of 17), #8 Exhibit 1 (part 8 of 17), #9 Exhibit 1 (part 9 of 17), #10 Exhibit 1 (part 10 of 17), #11 Exhibit 1 (part 11 of 17), #12 Exhibit 1 (part 12 of 17), #13 Exhibit 1 (part 13 of 17), #14 Exhibit 1 (part 14 of 17), #15 Exhibit 1 (part 15 of 17), #16 Exhibit 1 (part 16 of 17), #17 Exhibit 1 (part 17 of 17))(O'Connor, Eugene)
July 20, 2018 Filing 1526 DECLARATION of Brian Hall in Opposition re: #1499 MOTION in Limine for Phase 2 of Trial.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (O'Connor, Eugene)
July 20, 2018 Filing 1525 DECLARATION of Eckart Moeller in Opposition re: #1499 MOTION in Limine for Phase 2 of Trial.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (O'Connor, Eugene)
July 20, 2018 Filing 1524 DECLARATION of Eugene J. O'Connor in Opposition re: #1499 MOTION in Limine for Phase 2 of Trial.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit A Schwemmer Deposition, #2 Exhibit B Exhibit PX-162, #3 Exhibit C Pokusa Deposition, #4 Exhibit D Dalomias Deposition, #5 Exhibit E Sabandal Deposition, #6 Exhibit F Langer Deposition, #7 Exhibit G Thiele Deposition, #8 Exhibit H Remoroza Deposition, #9 Exhibit I Duterte Deposition, #10 Exhibit J Casandra Deposition, #11 Exhibit K Gow Deposition, #12 Exhibit L Duke Deposition)(O'Connor, Eugene)
July 20, 2018 Filing 1523 MEMORANDUM OF LAW in Opposition re: #1499 MOTION in Limine for Phase 2 of Trial. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (O'Connor, Eugene)
July 20, 2018 Filing 1522 MEMORANDUM OF LAW in Opposition re: #1503 MOTION in Limine for phase two of the trial. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
July 20, 2018 Filing 1521 DECLARATION of Lawrence K. DeMeo in Opposition re: #1502 MOTION in Limine for Phase II trial.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Demeo, Lawrence)
July 20, 2018 Filing 1520 MEMORANDUM OF LAW in Opposition re: #1502 MOTION in Limine for Phase II trial. and #1509 Motion in Limine. Document filed by Deltech Corporation. (Demeo, Lawrence)
July 20, 2018 Filing 1519 MEMORANDUM OF LAW in Opposition re: #1507 MOTION in Limine for Phase 2 of Trial. . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
July 19, 2018 Opinion or Order Filing 1518 MEMO ENDORSEMENT on re: #1517 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: So ordered. (Responses due by 7/20/2018.) (Signed by Judge Katherine B. Forrest on 7/19/2018) (anc)
July 19, 2018 Filing 1517 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated July 19, 2018 re: Request 1 day adjournment of responses to motions in limine. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
July 19, 2018 Opinion or Order Filing 1516 ORDER. As the parties may be aware, I have announced my retirement from the bench, with a date not yet set. I do not plan to leave prior to the resolution (including a written decision) of the Phase 2 trial in this matter, scheduled to commence on August 13, 2018. However, if any party has concerns about my presiding over the trial, they should raise those concerns in a letter filed not later than July 25, 2018. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/19/2018) (rjm)
July 13, 2018 Set/Reset Deadlines: Responses due by 7/19/2018 (js)
July 13, 2018 Opinion or Order Filing 1515 ORDER granting #1514 Letter Motion for Extension of Time. So Ordered. Joint Pretrial Order due by 7/30/2018. Pretrial Memorandum of Law 8/6/2018. (Signed by Judge Katherine B. Forrest on 7/13/2018) (js) Modified on 7/13/2018 (js).
July 13, 2018 Filing 1514 LETTER MOTION for Extension of Time on consent of all parties for extension of the deadlines for filing (1) oppositions to the motions in limine, (2) the Joint Pretrial Order, and (3) pretrial memorandum of law addressed to Judge Katherine B. Forrest from John A. V. Nicoletti dated 07/13/2018. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
July 11, 2018 Filing 1513 DECLARATION of Peter R. Knight in Support re: #1509 Notice (Other). Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Knight, Peter)
July 11, 2018 Filing 1512 MEMORANDUM OF LAW in Support re: #1509 Notice (Other) (Motion in Limine to Exclude Portions of Frits Wybenga's Trial Declaration). Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
July 11, 2018 Filing 1511 MEMORANDUM OF LAW in Support re: #1509 Notice (Other) (Motion in Limine to Exclude Portions of Frits Wybenga's Trial Declaration). Document filed by Chemetall GMBH, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
July 10, 2018 Filing 1510 DECLARATION of Lawrence K. DeMeo in Support re: #1507 MOTION in Limine for Phase 2 of Trial.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Demeo, Lawrence)
July 10, 2018 Filing 1509 NOTICE of of Motion in Limine to Exclude Portions of Frits Wybenga's Trial Declaration. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
July 10, 2018 Filing 1508 MEMORANDUM OF LAW in Support re: #1507 MOTION in Limine for Phase 2 of Trial. . Document filed by Deltech Corporation. (Demeo, Lawrence)
July 10, 2018 Filing 1507 MOTION in Limine for Phase 2 of Trial. Document filed by Deltech Corporation.(Demeo, Lawrence)
July 10, 2018 Filing 1506 MEMORANDUM OF LAW in Support re: #1503 MOTION in Limine for phase two of the trial. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (O'Connor, Eugene)
July 10, 2018 Filing 1505 MEMORANDUM OF LAW in Support re: #1502 MOTION in Limine for Phase II trial. . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
July 10, 2018 Filing 1504 DECLARATION of Edward P. Flood in Support re: #1502 MOTION in Limine for Phase II trial.. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - Marked copy of Wybenga trial declaration)(Flood, Edward)
July 10, 2018 Filing 1503 MOTION in Limine for phase two of the trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(O'Connor, Eugene)
July 10, 2018 Filing 1502 MOTION in Limine for Phase II trial. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
July 10, 2018 Filing 1501 DECLARATION of John A. V. Nicoletti in Support re: #1499 MOTION in Limine for Phase 2 of Trial.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit No. 1 - Daubert Opinion & Order (ECF no. 1282), #2 Exhibit No. 2 - Trial Declaration of Captain Brian Hall (ECF no. 1468), #3 Exhibit No. 3 - excerpts from the transcript of the deposition of Capt. Brian Hall, #4 Exhibit No. 4 - Trial Declaration of Eckart Moeller (ECF no. 1471), #5 Exhibit No. 5 - Phase 1 Decision (ECF no. 1407), #6 Exhibit No. 6 - NSB/Contis Letter of Reconsideration (ECF no. 1415), #7 Exhibit No. 7 - NSB/Contis Memorandum of Law in Support of its motion for reconsideration (ECF no. 1418), #8 Exhibit No. 8 - Order Denying Motions for Reconsideration (ECF no. 1446), #9 Exhibit No. 9 - excerpts from the transcript of the deposition of Eckart Moeller taken on March 5, 2014, #10 Exhibit No. 10 - Exhibit 1132 marked at the deposition of Eckart Moeller, #11 Exhibit No. 11 - Trial Declaration of Chief Engineer Janusz Tarnowski (ECF no. 1469), #12 Exhibit No. 12 - (Corrected) Phase 1 Decision (ECF no. 1447), #13 Exhibit No. 13 - Stolt and Deltechs response to NSB/Conti Reconsideration Letter (ECF no. 1442), #14 Exhibit No. 14 - Phase 1s Joint Pre-Trial Order, NSB/Conti and MSCs Proposed Findings for Segment 4 (ECF no. 1343-2), #15 Exhibit No. 15 - Trial Declaration of Joerg Dehde (ECF no. 1470), #16 Exhibit No. 16 - Phase 1s Joint Pre-Trial Order (ECF no. 1343), #17 Exhibit No. 17 - Phase 1s Joint Pre-Trial Order, Stipulated Facts Relevant to Segment 4 (ECF no. 1343-1), #18 Exhibit No. 18 - Phase 1s Joint Pre-Trial Order, Stolt and Deltechs Proposed Findings for Segment 4 (ECF no. 1343-3), #19 Exhibit No. 19 - Order setting the deadline for proposed corrections to the Phase 1 Decision (ECF no. 1408), #20 Exhibit No. 20 - NSB/Contis Motion for Reconsideration (ECF no. 1416), #21 Exhibit No. 21 - excerpts from the transcript of the deposition of Lars Paffenhoff, #22 Exhibit No. 22 - excerpts from the transcript of the deposition of Joerg Dehde, #23 Exhibit No. 23 - Phase 1 Trial Exhibit marked as DTX315., #24 Exhibit No. 24 - excerpts from the transcript of the deposition of Janusz Tarnowski, #25 Exhibit No. 25 - excerpts from the transcript of the deposition of Pompeyo Dalomias, #26 Exhibit No. 26 - excerpts from the Phase 1 Trial Transcription, Tr. 1484:4-11 (ECF no. 1437), #27 Exhibit No. 27 - Trial Declaration of Henning Scharringhausen (ECF no. 1472), #28 Exhibit No. 28 - excerpts from the transcript of the deposition of Richard Todd Duke, #29 Exhibit No. 29 - excerpts from the transcript of the deposition of John Cayias, #30 Exhibit No. 30 - excerpts from the transcript of the deposition of Daniel Dellasalla, #31 Exhibit No. 31 - excerpts from the transcript of the deposition of John Gow, #32 Exhibit No. 32 - excerpts from volume 1 of the transcript of the deposition of Juergen Langer, #33 Exhibit No. 33 - excerpts from volume 2 of the transcript of the deposition of Juergen Langer, #34 Exhibit No. 34 - excerpts from volume 1 of the transcript of the deposition of Holger Thiele, #35 Exhibit No. 35 - excerpts from volume 2 of the transcript of the deposition of Holger Thiele, #36 Exhibit No. 36 - excerpts from the transcript of the deposition of Rogel Remoroza, #37 Exhibit No. 37 - excerpts from the transcript of the deposition of Maciej Pokusa, #38 Exhibit No. 38 - excerpts from the transcript of the deposition of Harvey Duterte, #39 Exhibit No. 39 - excerpts from the transcript of the deposition of Pompeyo Dalomias, #40 Exhibit No. 40 - excerpts from the transcript of the deposition of Nole Casandra, #41 Exhibit No. 41 - excerpts from the transcript of the deposition of Steve Sabandal, #42 Exhibit No. 42 - Trial Declaration of James R. Parker (ECF no. 1476), #43 Exhibit No. 43 - Trial Declaration of Michael Daum (ECF no. 1484), #44 Exhibit No. 44 - Trial Declaration of Robert F. Ahlborn (ECF no. 1489), #45 Exhibit No. 45 - excerpts from the transcript of the deposition of James L. Dolan, #46 Exhibit No. 46 - Stolt and Deltechs response to MSCs Motion for Reconsideration (ECF no. 1445), #47 Exhibit No. 47 - Memorandum in Support of NSB/Contis Motion in Limine (ECF No. 1319), #48 Exhibit No. 48 - Order Denying Motions in Limine in Phase 1 (ECF No. 1345), #49 Exhibit No. 49 - James L. Dolan Trial Declaration for Phase 1 (ECF No. 1288), #50 Exhibit No. 50 - excerpts from the Phase 1 Trial Transcription, Tr. 186-215 (ECF no. 1427))(Nicoletti, John)
July 10, 2018 Filing 1500 MEMORANDUM OF LAW in Support re: #1499 MOTION in Limine for Phase 2 of Trial. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
July 10, 2018 Filing 1499 MOTION in Limine for Phase 2 of Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
June 29, 2018 Opinion or Order Filing 1498 MEMO ENDORSEMENT on re: #1497 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". MEMO ENDORSEMENT: SO ORDERED. (Motions due by 7/10/2018. Pretrial Order due by 7/24/2018. Responses due by 7/17/2018) (Signed by Judge Katherine B. Forrest on 6/29/2018) (tn)
June 29, 2018 Filing 1497 FIRST LETTER addressed to Judge Katherine B. Forrest from Eugene J. O'Connor dated June 29, 2018 re: Request for a 4-day extension for pre-trial submissions. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(O'Connor, Eugene)
June 25, 2018 Filing 1496 SEALED DOCUMENT placed in vault.(mhe)
June 25, 2018 Opinion or Order Filing 1495 MEMO ENDORSEMENT on #1467 , denying #1462 Letter Motion to Compel. ENDORSEMENT: Ordered: The motion to compel is DENIED with leave to renew. The Court does not deem the agreement relevant to establishing historical facts necessary to determine the issues properly part of this proceeding. Once the issues of fact have been determined, the agreements may (or may not) be useful to allocation issues (if any). (Signed by Judge Katherine B. Forrest on 6/25/2018) (tn)
June 25, 2018 Filing 1494 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated June 25, 2018 re: substituting exhibit cover page only for R. Doc. 1488-12. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit 12)(Nicoletti, John)
June 22, 2018 Filing 1493 DECLARATION of Frits Wybenga for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit No. 1 (DTX-0617), #2 Exhibit No. 2 (DTX-0618), #3 Exhibit No. 3 (DTX-0619), #4 Exhibit No. 4 (DTX-0670), #5 Exhibit No. 5 (DTX-0671), #6 Exhibit No. 6 (DTX-0672), #7 Exhibit No. 7 (DTX-0673), #8 Exhibit No. 8 (DTX-0048), #9 Exhibit No. 9 (DTX0361), #10 Exhibit No. 10 (DTX-0360), #11 Exhibit No. 11 (DTX-0046), #12 Exhibit No. 12 (DTX-0047), #13 Exhibit No. 13 (DTX-0367), #14 Exhibit No. 14 (DTX-0368), #15 Exhibit No. 15 (DTX-0469), #16 Exhibit No. 16 (DTX-0432), #17 Exhibit No. 17 (DTX-0461), #18 Exhibit No. 18 (DTX-0465), #19 Exhibit No. 19 (DTX-0620), #20 Exhibit No. 20 (DTX-0647), #21 Exhibit No. 21 (DTX-0648), #22 Exhibit No. 22 (DTX-0630), #23 Exhibit No. 23 (DTX-0633), #24 Exhibit No. 24 (DTX-0636), #25 Exhibit No. 25 (DTX-0641), #26 Exhibit No. 26 (DTX-0644), #27 Exhibit No. 27 (DTX-0666), #28 Exhibit No. 28 (Part 1 of 8) (DTX-0500), #29 Exhibit No. 28 (Part 2 of 8) (DTX-0500), #30 Exhibit No. 28 (Part 3 of 8) (DTX-0500), #31 Exhibit No. 28 (Part 4 of 8) (DTX-0500), #32 Exhibit No. 28 (Part 5 of 8) (DTX-0500), #33 Exhibit No. 28 (Part 6 of 8) (DTX-0500), #34 Exhibit No. 28 (Part 7 of 8) (DTX-0500), #35 Exhibit No. 28 (Part 8 of 8) (DTX-0500), #36 Exhibit No. 29 (DTX-0649), #37 Exhibit No. 30 (DTX-0573), #38 Exhibit No. 31 (DTX-0363), #39 Exhibit No. 32 (DTX-0650), #40 Exhibit No. 33 (DTX-0654), #41 Exhibit No. 34 (DTX-0590), #42 Exhibit No. 35 (DTX-0284), #43 Exhibit No. 36 (DTX-0476), #44 Exhibit No. 37 (DTX-0487), #45 Exhibit No. 38 (DTX-0490), #46 Exhibit No. 39 (DTX-0493), #47 Exhibit No. 40 (DTX-0497), #48 Exhibit No. 41 (DTX-0499), #49 Exhibit No. 42 (DTX-0665), #50 Exhibit No. 43 (DTX-0667), #51 Exhibit No. 44 (DTX-0668), #52 Exhibit No. 45 (DTX-0498), #53 Exhibit No. 46 (Part 1 of 3) (DTX-0669), #54 Exhibit No. 46 (Part 2 of 3) (DTX-0669), #55 Exhibit No. 46 (Part 3 of 3) (DTX-0669), #56 Exhibit No. 47 (DTX-0250))(Demeo, Lawrence)
June 22, 2018 Filing 1492 DECLARATION of Sean Tortora for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit No.1 (DTX-0598), #2 Exhibit No.2 (DTX-0592), #3 Exhibit No.3 (DTX-0582), #4 Exhibit No.4 (DTX-0576), #5 Exhibit No.5 (DTX-0577), #6 Exhibit No.6 (DTX-0578), #7 Exhibit No.7 (DTX-0579), #8 Exhibit No. 8 (DTX-0580, DTX-0581), #9 Exhibit No.9 (DTX-0583, DTX-0584, DTX-0585, DTX-0586, DTX-0587, DTX-0588, DTX-0589), #10 Exhibit No.10 (DTX-0591), #11 Exhibit No.11 (DTX-0593), #12 Exhibit No.12 (DTX-0594), #13 Exhibit No.13 (DTX-0595), #14 Exhibit No.14 (DTX-0596), #15 Exhibit No.15 (Part 1 of 2) (DTX-0597), #16 Exhibit No.15 (Part 2 of 2) (DTX-0597), #17 Exhibit No.16 (DTX-0599), #18 Exhibit No.17 (DTX-0600), #19 Exhibit No.18 (DTX-0601), #20 Exhibit No.19 (DTX-0602), #21 Exhibit No.20 (DTX-0603, DTX-0604, DTX-0605), #22 Exhibit No.21 (DTX-0606), #23 Exhibit No.22 (DTX-0607, DTX-0608, DTX-0609, DTX-0610), #24 Exhibit No.23 (DTX-0611), #25 Exhibit No.24 (DTX-0612), #26 Exhibit No.25 (DTX-0613), #27 Exhibit No.26 (DTX-0614), #28 Exhibit No.27 (DTX-0615))(Nicoletti, John)
June 22, 2018 Filing 1491 DECLARATION of Zachary Levine for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit No. 1 (DTX-0275), #2 Exhibit No. 2 (DTX-0415), #3 Exhibit No. 3 (DTX-0139), #4 Exhibit No. 4 (DTX-0416), #5 Exhibit No. 5 (DTX-0417), #6 Exhibit No. 6 (DTX-0418), #7 Exhibit No. 7 (DTX-0419), #8 Exhibit No. 8 (DTX-0420), #9 Exhibit No. 9 (DTX-0421), #10 Exhibit No. 10 (DTX-192), #11 Exhibit No. 11 (DTX-0342), #12 Exhibit No. 12 (DTX-0343), #13 Exhibit No. 13 (DTX-0157), #14 Exhibit No. 14 (DTX-0158), #15 Exhibit No. 15 (DTX-0344), #16 Exhibit No. 16 (DTX-0405), #17 Exhibit No. 17 (DTX-0406), #18 Exhibit No. 18 (DTX-0407), #19 Exhibit No. 19 (DTX-0411), #20 Exhibit No. 20 (DTX-0409), #21 Exhibit No. 21 (DTX-0412), #22 Exhibit No. 22 (DTX-0410), #23 Exhibit No. 23 (DTX-0408), #24 Exhibit No. 24 (DTX-0156), #25 Exhibit No. 25 (DTX-0393), #26 Exhibit No. 26 (DTX-0394), #27 Exhibit No. 27 (DTX-0399), #28 Exhibit No. 28 (DTX-0398), #29 Exhibit No. 29 (DTX-0400), #30 Exhibit No. 30 (DTX-0397), #31 Exhibit No. 31 (DTX-0345), #32 Exhibit No. 32 (DTX-0346), #33 Exhibit No. 33 (DTX-0352), #34 Exhibit No. 34 (DTX-0353), #35 Exhibit No. 35 (DTX-0354), #36 Exhibit No. 36 (DTX-0355), #37 Exhibit No. 37 (DTX-0356), #38 Exhibit No. 38 (DTX-0165), #39 Exhibit No. 39 (DTX-0164), #40 Exhibit No. 40 (DTX-0163), #41 Exhibit No. 41 (DTX-0173), #42 Exhibit No. 42 (DTX-0172), #43 Exhibit No. 43 (DTX-0068), #44 Exhibit No. 44 (DTX-0357), #45 Exhibit No. 45 (DTX-0358), #46 Exhibit No. 46 (DTX-0359), #47 Exhibit No. 47 (DTX-0360), #48 Exhibit No. 48 (DTX-0179), #49 Exhibit No. 49 (DTX-0178), #50 Exhibit No. 50 (DTX-0183), #51 Exhibit No. 51 (DTX-0051), #52 Exhibit No. 52 (DTX-0052), #53 Exhibit No. 53 (DTX-0053), #54 Exhibit No. 54 (DTX-0054), #55 Exhibit No. 55 (DTX-0055), #56 Exhibit No. 56 (DTX-0048), #57 Exhibit No. 57 (DTX-0049), #58 Exhibit No. 58 (DTX-0050), #59 Exhibit No. 59 (DTX-0361), #60 Exhibit No. 60 (DTX-0401), #61 Exhibit No. 61 (DTX-0422), #62 Exhibit No. 62 (DTX-0423), #63 Exhibit No. 63 (DTX-0046), #64 Exhibit No. 64 (DTX-0047), #65 Exhibit No. 65 (DTX-0367), #66 Exhibit No. 66 (DTX-0371), #67 Exhibit No. 67 (DTX-0372), #68 Exhibit No. 68 (DTX-0373), #69 Exhibit No. 69 (DTX-0501))(Demeo, Lawrence)
June 22, 2018 Filing 1490 DECLARATION of William Sikma for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit No.1 (DTX-0523), #2 Exhibit No.2 (DTX-0524), #3 Exhibit No.3 (DTX-0525), #4 Exhibit No.4 (DTX-0526), #5 Exhibit No.5 (DTX -0540), #6 Exhibit No.6 (DTX-0360), #7 Exhibit No.7 (DTX-0432; DTX-0433; DTX-0434), #8 Exhibit No.8 (DTX -0542), #9 Exhibit No.9 (DTX -0561), #10 Exhibit No.10 (DTX -0562), #11 Exhibit No.11 (DTX-0532), #12 Exhibit No.12 (DTX-0533), #13 Exhibit No.13 (DTX-0534), #14 Exhibit No.14 (DTX-0451), #15 Exhibit No.15 (DTX-0539), #16 Exhibit No.16 (DTX -0563), #17 Exhibit No.17 (DTX -0564), #18 Exhibit No.18 (DTX-0511), #19 Exhibit No.19 (DTX -0565), #20 Exhibit No.20 (DTX -0566), #21 Exhibit No.21 (DTX -0567), #22 Exhibit No.22 (DTX -0568), #23 Exhibit No.23 (DTX -0569), #24 Exhibit No.24 (DTX -0570), #25 Exhibit No.25 (DTX -0571), #26 Exhibit No.26 (DTX -0572))(Nicoletti, John)
June 22, 2018 Filing 1489 DECLARATION of Robert F. Ahlborn for Phase II trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - SOLAS excerpts, #2 Exhibit 2 - IMDG Code (Amendment 35-10), #3 Exhibit 3 - PHMSA Interpretations, #4 Exhibit 4 - HMR excerpts, #5 Exhibit 5 - CSS Code excerpts, #6 Exhibit 6 - IMDG Code (Amendment 38-16) excerpts)(Flood, Edward)
June 22, 2018 Filing 1488 DECLARATION of John Cario for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit No.1 (DTX-0502), #2 Exhibit No.2 (DTX-0503), #3 Exhibit No.3 (DTX-0504), #4 Exhibit No.4 (DTX-0505), #5 Exhibit No.5 (DTX-0506), #6 Exhibit No.6 (DTX-0507), #7 Exhibit No.7 (DTX-0508), #8 Exhibit No.8 (DTX-0509), #9 Exhibit No.9 (DTX-0510), #10 Exhibit No.10 (DTX-0511), #11 Exhibit No.11 (DTX-0512), #12 Exhibit No.12 (DTX-0513), #13 Exhibit No.13 (DTX-0514), #14 Exhibit No.14 (1 of 2) (DTX-0515), #15 Exhibit No.14 (Part 2 of 2) (DTX-0515), #16 Exhibit No.15 (DTX-0361, #17 Exhibit No.16 (DTX-0046), #18 Exhibit No.17 (DTX-0472), #19 Exhibit No.18 (DTX-0432;DTX-0433; DTX-0434), #20 Exhibit No.19 (DTX-0516), #21 Exhibit No.20 (DTX-0517))(Nicoletti, John)
June 22, 2018 Filing 1487 DECLARATION of Tommy Sciortino for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47 - part 1, #48 Exhibit 47 - part 2)(Demeo, Lawrence)
June 22, 2018 Filing 1486 DECLARATION of Albert Smith for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit No.1 (DTX-0518), #2 Exhibit No.2 (DTX-0519), #3 Exhibit No.3 (DTX-0520), #4 Exhibit No.4 (DTX-0521), #5 Exhibit No.5 (DTX-0522), #6 Exhibit No.6 (DTX-0523), #7 Exhibit No.7 (DTX-0524), #8 Exhibit No.8 (DTX-0525), #9 Exhibit No.9 (DTX-0526), #10 Exhibit No.10 (DTX-0502), #11 Exhibit No.11 (DTX-0527), #12 Exhibit No.12 (DTX-0503), #13 Exhibit No.13 (DTX-0528), #14 Exhibit No.14 (DTX-0529), #15 Exhibit No.15 (DTX-0530), #16 Exhibit No.16 (DTX-0531), #17 Exhibit No.17 (DTX-0532), #18 Exhibit No.18 (DTX-0533), #19 Exhibit No.19 (DTX-0450), #20 Exhibit No.20 (DTX-0451), #21 Exhibit No.21 (DTX-0449), #22 Exhibit No.22 (DTX-0534), #23 Exhibit No.23 (DTX-0535), #24 Exhibit No.24 (DTX-0536), #25 Exhibit No.25 (DTX-0537), #26 Exhibit No.26 (DTX-0538), #27 Exhibit No.27 (DTX-0539), #28 Exhibit No.28 (DTX-0510), #29 Exhibit No.29 (DTX-0541), #30 Exhibit No.30 (DTX-0543), #31 Exhibit No.31 (DTX-0544), #32 Exhibit No.32 (DTX-0545), #33 Exhibit No.33 (DTX-0546), #34 Exhibit No.34 (DTX-0547), #35 Exhibit No.35 (DTX-0511), #36 Exhibit No.36 (DTX-0548), #37 Exhibit No.37 (DTX-0549), #38 Exhibit No.38 (DTX-0550), #39 Exhibit No.39 (DTX-0551), #40 Exhibit No.40 (DTX-0552), #41 Exhibit No.41 (DTX-0553), #42 Exhibit No.42 (DTX-0554), #43 Exhibit No.43 (DTX-0555), #44 Exhibit No.44 (DTX-0556), #45 Exhibit No.45 (DTX-0557), #46 Exhibit No.46 (DTX-0558), #47 Exhibit No.47 (DTX-0559), #48 Exhibit No.48 (DTX-0560))(Nicoletti, John)
June 22, 2018 Filing 1485 DECLARATION of Tatonya Johnson for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit No. 1 (DTX-0344), #2 Exhibit No. 2 (DTX-0156), #3 Exhibit No. 3 (DTX-0345), #4 Exhibit No. 4 (DTX-0346), #5 Exhibit No. 5 (DTX-0352), #6 Exhibit No. 6 (DTX-0353), #7 Exhibit No. 7 (DTX-0354), #8 Exhibit No. 8 (DTX-0355), #9 Exhibit No. 9 (DTX-0356), #10 Exhibit No. 10 (DTX-0165), #11 Exhibit No. 11 (DTX-0164), #12 Exhibit No. 12 (DTX-0163), #13 Exhibit No. 13 (DTX-0173), #14 Exhibit No. 14 (DTX-0172), #15 Exhibit No. 15 (DTX-0068), #16 Exhibit No. 16 (DTX-0357), #17 Exhibit No. 17 (DTX-0358), #18 Exhibit No. 18 (DTX-0359), #19 Exhibit No. 19 (DTX-0360), #20 Exhibit No. 20 (DTX-0179), #21 Exhibit No. 21 (DTX-0178), #22 Exhibit No. 22 (DTX-0183), #23 Exhibit No. 23 (DTX-0051), #24 Exhibit No. 24 (DTX-0052), #25 Exhibit No. 25 (DTX-0053), #26 Exhibit No. 26 (DTX-0054), #27 Exhibit No. 27 (DTX-0055), #28 Exhibit No. 28 (DTX-0048), #29 Exhibit No. 29 (DTX-0049), #30 Exhibit No. 30 (DTX-0050), #31 Exhibit No. 31 (DTX-0361), #32 Exhibit No. 32 (DTX-0362), #33 Exhibit No. 33 (DTX-0363), #34 Exhibit No. 34 (DTX-0364), #35 Exhibit No. 35 (DTX-0365), #36 Exhibit No. 36 (DTX-0021), #37 Exhibit No. 37 (DTX-0022), #38 Exhibit No. 38 (DTX-0023), #39 Exhibit No. 39 (DTX-0046), #40 Exhibit No. 40 (DTX-0047), #41 Exhibit No. 41 (DTX-0366), #42 Exhibit No. 42 (DTX-0367), #43 Exhibit No. 43 (DTX-0368), #44 Exhibit No. 44 (DTX-0369), #45 Exhibit No. 45 (DTX-0370), #46 Exhibit No. 46 (DTX-0371), #47 Exhibit No. 47 (DTX-0372), #48 Exhibit No. 48 (DTX-0373), #49 Exhibit No. 49 (DTX-0374), #50 Exhibit No. 50 (DTX-0375), #51 Exhibit No. 51 (DTX-0376), #52 Exhibit No. 52 (DTX-0377), #53 Exhibit No. 53 (DTX-0378), #54 Exhibit No. 54 (DTX-0379), #55 Exhibit No. 55 (DTX-0383), #56 Exhibit No. 56 (DTX-0384), #57 Exhibit No. 57 (DTX-0385), #58 Exhibit No. 58 (DTX-0386), #59 Exhibit No. 59 (DTX-0387), #60 Exhibit No. 60 (DTX-0388), #61 Exhibit No. 61 (DTX-0389), #62 Exhibit No. 62 (DTX-0390), #63 Exhibit No. 63 (DTX-0347), #64 Exhibit No. 64 (DTX-0348), #65 Exhibit No. 65 (DTX-0349), #66 Exhibit No. 66 (DTX-0391), #67 Exhibit No. 67 (DTX-0439), #68 Exhibit No. 68 (DTX-0350), #69 Exhibit No. 69 (DTX-0351), #70 Exhibit No. 70 (DTX-0392), #71 Exhibit No. 71 (DTX-0158), #72 Exhibit No. 72 (DTX-0393), #73 Exhibit No. 73 (DTX-0394), #74 Exhibit No. 74 (DTX-0395), #75 Exhibit No. 75 (DTX-0396), #76 Exhibit No. 76 (DTX-0397), #77 Exhibit No. 77 (DTX-0398), #78 Exhibit No. 78 (DTX-0399), #79 Exhibit No. 79 (DTX-0400), #80 Exhibit No. 80 (DTX-0401), #81 Exhibit No. 81 (DTX-0501))(Demeo, Lawrence)
June 22, 2018 Filing 1484 DECLARATION of Michael Daum for Phase II trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
June 22, 2018 Filing 1483 DECLARATION of Robert Elefante for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit No. 1 (DTX-0417), #2 Exhibit No. 2 (DTX-0139), #3 Exhibit No. 3 (DTX-0416), #4 Exhibit No. 4 (DTX-0419, #5 Exhibit No. 5 (DTX-0415), #6 Exhibit No. 6 (DTX-0421), #7 Exhibit No. 7 (DTX-0342), #8 Exhibit No. 8 (DTX-0343), #9 Exhibit No. 9 (DTX-0344), #10 Exhibit No. 10 (DTX-0422))(Demeo, Lawrence)
June 22, 2018 Filing 1482 DECLARATION of Aimee Morton for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit No.1 (DTX-402), #2 Exhibit No.2 (DTX-403), #3 Exhibit No.3 (DTX-440), #4 Exhibit No.4 (DTX-441), #5 Exhibit No.5 (DTX-442), #6 Exhibit No.6 (DTX-443), #7 Exhibit No.7 (DTX-444), #8 Exhibit No.8 (DTX-445), #9 Exhibit No.9 (DTX-446), #10 Exhibit No.10 (DTX-447), #11 Exhibit No.11 (DTX-448), #12 Exhibit No.12 (DTX-449), #13 Exhibit No.13 (DTX-450), #14 Exhibit No.14 (DTX-451), #15 Exhibit No.15 (DTX-452), #16 Exhibit No.16 (DTX-453), #17 Exhibit No.17 (DTX-454), #18 Exhibit No.18 (DTX-455), #19 Exhibit No.19 (DTX-456), #20 Exhibit No.20 (DTX-457), #21 Exhibit No.21 (DTX-0458), #22 Exhibit No.22 (DTX-0360), #23 Exhibit No.23 (DTX-0436; DTX-0437; DTX-0438), #24 Exhibit No.24 (DTX-0459), #25 Exhibit No.25 (DTX-0460), #26 Exhibit No.26 (DTX-0461; DTX-0462; DTX-0463), #27 Exhibit No.27 (DTX-0366), #28 Exhibit No.28 (DTX-0464), #29 Exhibit No.29 (DTX-0465; DTX-0466; DTX-0467))(Nicoletti, John)
June 22, 2018 Filing 1481 DECLARATION of Christopher B. Downey for Phase II trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
June 22, 2018 Filing 1480 DECLARATION of Dean W. Kutz for Phase II trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - 2012 Stolt DGDs for DVB80)(Flood, Edward)
June 22, 2018 Filing 1479 DECLARATION of Michael Herrera II for Phase II trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - Booking confirmations, #2 Exhibit 2 - DGDs, #3 Exhibit 3 - Revised DGDs)(Flood, Edward)
June 22, 2018 Filing 1478 DECLARATION of Claudio Bozzo for Phase II trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - bill of lading US edition 08/2009, #2 Exhibit 2 - bill of lading standard edition 08/2009, #3 Exhibit 3 - bill of lading standard edition 12/2007, #4 Exhibit 4 - sea waybill US edition 08/2009, #5 Exhibit 5 - sea waybill standard edition 08/2009, #6 Exhibit 6 - sea waybill standard edition 12/2007, #7 Exhibit 7 - bill of lading terms website copy, #8 Exhibit 8 - sea waybill terms website copy)(Flood, Edward)
June 22, 2018 Filing 1477 DECLARATION of Erin Bruening for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit No.1 (DTX-0424), #2 Exhibit No.2 (DTX-0425), #3 Exhibit No.3 (DTX-0426), #4 Exhibit No.4 (DTX-0427), #5 Exhibit No.5 (DTX-0428), #6 Exhibit No.6 (DTX-0429), #7 Exhibit No.7 (DTX-0430), #8 Exhibit No.8 (DTX-0360), #9 Exhibit No.9 (DTX-0431), #10 Exhibit No.10 (DTX-0432; DTX-0433; DTX-0434), #11 Exhibit No.11 (DTX-0435), #12 Exhibit No.12 (DTX-0362), #13 Exhibit No.13 (DTX-0363), #14 Exhibit No.14 (DTX-0364; DTX-0365), #15 Exhibit No.15 (DTX-0436), #16 Exhibit No.16 (DTX-0437; DTX-0438))(Nicoletti, John)
June 22, 2018 Filing 1476 DECLARATION of James R. Parker for Phase II trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - Schedule of Stevedoring, #2 Exhibit 2 - Tariff, #3 Exhibit 3A - Deltech straight bill of lading 35675, #4 Exhibit 3B - Deltech straight bill of lading 35674, #5 Exhibit 3C - Deltech straight bill of lading 35673 and MSDS, #6 Exhibit 4 - DPA bills of lading and MSDS, #7 Exhibit 5 - EIRs, #8 Exhibit 6 - Terminal Operations Report, #9 Exhibit 7 - Dangerous Cargo Manifest)(Flood, Edward)
June 22, 2018 Filing 1475 DECLARATION of Janet Johnston for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit No. 1 (DTX-0468))(Nicoletti, John)
June 22, 2018 Filing 1474 DECLARATION of W. Eugene Sanders for Trial. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Knight, Peter)
June 22, 2018 Filing 1473 DECLARATION of Ernest Marcel for Trial. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Knight, Peter)
June 22, 2018 Filing 1472 DECLARATION of Henning Scharringhausen for Phase 2 Trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
June 22, 2018 Filing 1471 DECLARATION of Eckart Moeller for Phase 2 Trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
June 22, 2018 Filing 1470 DECLARATION of Joerg Dehde for Phase 2 Trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
June 22, 2018 Filing 1469 DECLARATION of C/E Tarnowski for Phase 2 Trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
June 22, 2018 Filing 1468 DECLARATION of Capt. Hall for Phase 2 Trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
June 19, 2018 Filing 1467 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated June 19, 2018 re: letter motion to compel production (ECF 1462). Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
June 13, 2018 Opinion or Order Filing 1466 MEMO ENDORSEMENT on re: #1463 Letter filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. ENDORSEMENT: Ordered. This date of 6/20/18 is fine. (Responses due by 6/20/2018.) (Signed by Judge Katherine B. Forrest on 6/13/2018) (anc)
June 13, 2018 Filing 1465 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated June 13, 2018 re: Response to MSC's June 12 response to Stolt/Deltech's request for an extension. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
June 12, 2018 Filing 1464 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated June 12, 2018 re: opposing request for extension of time to respond to motion to compel. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
June 12, 2018 Filing 1463 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated June 12, 2018 re: extension of time to respond to ECF 1462. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
June 11, 2018 Filing 1462 JOINT LETTER MOTION to Compel Deltech and Stolt to produce documents concerning their undisclosed settlement addressed to Judge Katherine B. Forrest from Edward P. Flood dated June 11, 2018. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
June 7, 2018 Opinion or Order Filing 1461 MEMO ENDORSEMENT on re: #1460 Letter, filed by Stolt Nielsen USA, Inc. Stolt Tank Containers BV. ENDORSEMENT: So Ordered. (Signed by Judge Katherine B. Forrest on 6/7/2018) (js)
June 6, 2018 Filing 1460 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated June 6, 2018 re: Request for 2-day extension for submission of pre-trial declarations from 6/20 to 6/22/2018, & the same extension for consideration of the Daubert Opinion & Order for the Phase 2 Experts.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers BV.(Nicoletti, John)
May 18, 2018 Opinion or Order Filing 1459 MEMO ENDORSEMENT on re: #1458 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: So ordered. So ordered. So ordered. So ordered. So ordered. Ordered: The Court's orders on the issues raised herein are reflected in the endorsements. (Signed by Judge Katherine B. Forrest on 5/18/2018) (mro)
May 8, 2018 Filing 1458 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated May 8, 2018 re: the Phase 2 trial and pre-trial submissions. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
April 6, 2018 Filing 1457 NOTICE OF CHANGE OF ADDRESS by Harry L. Manion, III on behalf of Deltech Corporation. New Address: Hunton Andrews Kurth LLP, 125 High Street, Suite 533, Boston, MA, USA 02110, 16176482800. Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(Manion, Harry)
April 6, 2018 Filing 1456 NOTICE OF CHANGE OF ADDRESS by Lawrence K Demeo on behalf of Deltech Corporation. New Address: Hunton Andrews Kurth LLP, 125 High Street, Suite 533, Boston, MA, USA 02110, 16176482800. Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(Demeo, Lawrence)
April 6, 2018 Filing 1455 NOTICE OF CHANGE OF ADDRESS by Brian Bosworth on behalf of Deltech Corporation. New Address: Hunton Andrews Kurth LLP, 125 High Street, Suite 533, Boston, MA, USA 02110, 16176482800. Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(Bosworth, Brian)
March 19, 2018 Opinion or Order Filing 1454 MEMO ENDORSEMENT: in case 1:12-cv-06349-KBF; granting (1451) Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. Attorney John Glenn Stafford, Jr; Matthew R. Grant and Carlos Rodriguez terminated in case 1:12-cv-08892-KBF. (Signed by Judge Katherine B. Forrest on 3/14/2018) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (ap)
March 19, 2018 Opinion or Order Filing 1453 MEMO ENDORSEMENT on re: #1452 Letter filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L. ENDORSEMENT: So ordered. (Attorney Kristopher Ian Moore terminated.) (Signed by Judge Katherine B. Forrest on 3/19/2018) (jwh)
March 16, 2018 Filing 1452 LETTER addressed to Judge Katherine B. Forrest from Kristopher I. Moore dated March 16, 2018 re: Withdrawal of Apperance. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L..(Moore, Kristopher)
March 13, 2018 Filing 1451 MOTION for MATTHEW R. GRANT, CARLOS RODRIGUEZ, JOHN GLENN STAFFORD, JR., MICHAEL KLEBANOV and BRITTANY LOMAX to Withdraw as Attorney . Document filed by Monsanto Company.(Grant, Matthew)
February 26, 2018 Opinion or Order Filing 1450 MEMO ENDORSEMENT: on re: (100 in 1:12-cv-06904-KBF, 100 in 1:13-cv-01610-KBF, 101 in 1:13-cv-05264-KBF, 105 in 1:12-cv-06349-KBF, 1449 in 1:12-cv-08892-KBF) Letter, filed by Hill Rivkins Cargo Claimants. ENDORSEMENT: SO ORDERED., Attorney Kipp Charles Leland terminated. (Signed by Judge Katherine B. Forrest on 2/26/2018) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(ama)
February 23, 2018 Filing 1449 LETTER addressed to Judge Katherine B. Forrest from John J. Sullivan, Esq. dated 2/23/2018 re: Removal of Attorney from ECF. Document filed by Hill Rivkins Cargo Claimants.Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(Sullivan, John)
February 21, 2018 Opinion or Order Filing 1448 ENDORSED LETTER: addressed to Judge Katherine B. Forrest from Alex D'Amico, dated February 20, 2018, re: Withdrawal as attorney. ENDORSEMENT: SO ORDERED. Attorney Alex D'Amico terminated. (Signed by Judge Katherine B. Forrest on 2/21/2018) (ap)
January 23, 2018 Opinion or Order Filing 1447 CORRECTED OPINION & ORDER: Based on the Court's decision as to Phase 1, the parties are to confer on the timing for Phases 2 and 3. The Court believes that those phases can be combined. The parties shall consult and provide proposed dates (with expected duration) in a letter to the Court filed not later than December 15, 2017, and as further set forth herein. (Signed by Judge Katherine B. Forrest on 1/23/2018) (ras)
January 23, 2018 Opinion or Order Filing 1446 ORDER denying #1416 Motion for Reconsideration. The Court declines to make the proposed changes submitted by MSC, (ECF No. 1419), and Conti/NSB, (ECF No. 1415), largely based on the reasoning set forth in the letters from Stolt/Deltech, (ECF Nos. 1442, 1445). The Court accepts Chemtura's first and second proposed changes as modified by Stolt/Deltech (ECF No. 1444), but not its third proposal. (ECF No. 1414.) It will implement these changes on pages 57 and 60 of the Opinion. Separately, the Court DENIES Conti/NSB's motion for reconsideration, (ECF No. 1416), as it is largely seeking reargument. A corrected decision will issue. The Clerk of Court is directed to close the open motion at ECF No. 1416. (Signed by Judge Katherine B. Forrest on 1/23/2018) (ras)
January 22, 2018 Filing 1445 LETTER addressed to Judge Katherine B. Forrest from Lawrence K. DeMeo dated January 22, 2018 re: MSC's Post-Decision Letter (ECF 1419). Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV.(Demeo, Lawrence)
January 22, 2018 Filing 1444 LETTER addressed to Judge Katherine B. Forrest from Lawrence K. DeMeo dated January 22, 2018 re: Chemtura's Post-Decision Letter (ECF 1414). Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV.(Demeo, Lawrence)
January 22, 2018 Filing 1443 MEMORANDUM OF LAW in Opposition re: #1416 MOTION for Reconsideration of Opinion and Order dated November 17, 2017. . Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
January 22, 2018 Filing 1442 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated January 22, 2018 re: Responding to Conti/NSB's Post-Decision Letter (ECF 1415). Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
January 17, 2018 Opinion or Order Filing 1441 MEMO ENDORSEMENT: on re: (1426 in 1:12-cv-08892-KBF) Letter filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: SO ORDERED., ( Motions due by 7/6/2018., Joint Pretrial Order due by 7/20/2018., Responses due by 7/13/2018, Ready for Trial by 8/13/2018.) (Signed by Judge Katherine B. Forrest on 1/17/2018) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(ama)
January 16, 2018 Filing 1440 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 9/26/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 16, 2018 Filing 1439 TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 9/26/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2018. Redacted Transcript Deadline set for 2/16/2018. Release of Transcript Restriction set for 4/16/2018.(McGuirk, Kelly)
January 16, 2018 Filing 1438 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 9/19/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 16, 2018 Filing 1437 TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 9/19/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2018. Redacted Transcript Deadline set for 2/16/2018. Release of Transcript Restriction set for 4/16/2018.(McGuirk, Kelly)
January 16, 2018 Filing 1436 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 9/18/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 16, 2018 Filing 1435 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 9/18/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2018. Redacted Transcript Deadline set for 2/16/2018. Release of Transcript Restriction set for 4/16/2018.(McGuirk, Kelly)
January 16, 2018 Filing 1434 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 9/14/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 16, 2018 Filing 1433 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 9/14/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2018. Redacted Transcript Deadline set for 2/16/2018. Release of Transcript Restriction set for 4/16/2018.(McGuirk, Kelly)
January 16, 2018 Filing 1432 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 9/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 16, 2018 Filing 1431 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 9/13/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2018. Redacted Transcript Deadline set for 2/16/2018. Release of Transcript Restriction set for 4/16/2018.(McGuirk, Kelly)
January 16, 2018 Filing 1430 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 9/12/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 16, 2018 Filing 1429 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 9/12/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2018. Redacted Transcript Deadline set for 2/16/2018. Release of Transcript Restriction set for 4/16/2018.(McGuirk, Kelly)
January 16, 2018 Filing 1428 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 9/11/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 16, 2018 Filing 1427 TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 9/11/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2018. Redacted Transcript Deadline set for 2/16/2018. Release of Transcript Restriction set for 4/16/2018.(McGuirk, Kelly)
January 12, 2018 Filing 1426 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated January 12, 2018 re: revised schedule for Phase 2 Trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
January 10, 2018 Opinion or Order Filing 1425 ORDER: The Court is in receipt of the parties proposed trial schedule. The Court is not available to begin trial on June 6, 2018. Trial may commence on May 7, 2018 or on August 13, 2018. The parties are directed to confer and notify the Court of their preferred trial date not later than January 12, 2018. Once we have a trial date, the parties should revise their proposed schedule. (Generally speaking, the suggested time frames are approved, though the Court does not believe that trial will last a month.) (Signed by Judge Katherine B. Forrest on 1/10/2018) (js)
December 22, 2017 Filing 1424 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated December 22, 2017 re: Proposed schedule for Phase 2 Trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
December 20, 2017 Opinion or Order Filing 1423 ORDER: Pursuant to this Court's Order of December 14, 2017, (ECF No. 1413), the parties are to let the Court know whether they can commence trial on Phase 2 on May 7, 2018. The parties are directed to respond to the Court by a joint letter not later than December 22, 2017. (Signed by Judge Katherine B. Forrest on 12/20/2017) (mro)
December 19, 2017 Opinion or Order Filing 1422 MEMO ENDORSEMENT on re: #1421 Letter, filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 12/19/2017) (anc)
December 18, 2017 Filing 1421 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated December 18, 2017 re: Response to post-decision letters and Motion for Reconsideration. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
December 18, 2017 Opinion or Order Filing 1420 ORDER. The Court has received the parties' submissions proposing technical edits to its Opinion of November 17, 2017, as well as a motion for reconsideration. (ECF Nos. 1414-19.) If the parties would like to respond, they should confer and propose a schedule for doing so not later than December 20, 2017. Otherwise, the Court will assume that the parties do not plan to submit responses. SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/18/2017) (rjm)
December 15, 2017 Filing 1419 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated 12/15/2017 re: amendments to Phase 1 Opinion and Order. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
December 15, 2017 Filing 1418 MEMORANDUM OF LAW in Support re: #1416 MOTION for Reconsideration of Opinion and Order dated November 17, 2017. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
December 15, 2017 Filing 1417 DECLARATION of Eugene J. O'Connor in Support re: #1416 MOTION for Reconsideration of Opinion and Order dated November 17, 2017.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit A to O'Connor Declaration, #2 Exhibit B to O'Connor Declaration, #3 Exhibit C to O'Connor Declaration, #4 Exhibit D to O'Connor Declaration, #5 Exhibit E to O'Connor Declaration, #6 Exhibit F to O'Connor Declaration)(Semenoro, Timothy)
December 15, 2017 Filing 1416 MOTION for Reconsideration of Opinion and Order dated November 17, 2017. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
December 15, 2017 Filing 1415 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated December 15, 2017 re: Response to Court's request re: errors in the opinion concerning technical and scientific concepts. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
December 15, 2017 Filing 1414 LETTER addressed to Judge Katherine B. Forrest from Peter R. Knight dated December 15, 2017 re: Response to Court's Order re Errors in the Court's Phase 1 Opinion and Order. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC.(Knight, Peter)
December 14, 2017 Opinion or Order Filing 1413 MEMO ENDORSEMENT: on re: #1412 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA" ENDORSEMENT: Ordered I now better understand that Phase 2 will itself take significant trial time. Propose a schedule for relevant pretrial submissions and two alternative trial dates, with trial completed not later than July 1. The Court proposes commencing the trial on May 7, 2017 (let me know if that works). (Signed by Judge Katherine B. Forrest on 12/14/2017) (js)
December 13, 2017 Filing 1412 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated December 13, 2017 re: Reponse on combining Phases 2 & 3 for trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
November 29, 2017 Opinion or Order Filing 1411 MEMO ENDORSEMENT: on re: #1409 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: So Ordered. (Responses due by 1/22/2018) (Signed by Judge Katherine B. Forrest on 11/29/2017) (ap)
November 29, 2017 Opinion or Order Filing 1410 MEMO ENDORSED on re: #1409 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: So Ordered. ( Motions due by 12/15/2017., Replies due by 1/22/2018.) (Signed by Judge Katherine B. Forrest on 11/29/2017) (js)
November 28, 2017 Filing 1409 LETTER addressed to Judge Katherine B. Forrest from Tim Semenoro dated 11/28/2017 re: Motion for reconsideration deadline. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
November 17, 2017 Opinion or Order Filing 1408 ORDER: As the parties are aware, the Court released its decision following the Phase 1 trial in the above-captioned case on November 17, 2017. Because that decision is of a highly technical nature, the Court invites the parties to inform it of any errors in its description of technologies or scientific concepts, or of any errors in citations. The Court is not inviting reargument; it is merely ensuring it has not made obvious misstatements. Any proposed corrections to this Court's decision of November 17, 2017 shall be filed via letter on ECF not later than December 15, 2017. (Signed by Judge Katherine B. Forrest on 11/17/2017) (mro)
November 17, 2017 Opinion or Order Filing 1407 OPINION & ORDER: Based on the Court's decision as to Phase 1, the parties are to confer on the timing for Phases 2 and 3. The Court believes that those phases can be combined. The parties shall consult and provide proposed dates (with expected duration) in a letter to the Court filed not later than December 15, 2017. (Signed by Judge Katherine B. Forrest on 11/17/2017) (mro)
October 18, 2017 Opinion or Order Filing 1406 MEMO ENDORSEMENT: granting (100) MOTION TO WITHDRAW APPEARANCE. ENDORSEMENT: So Ordered. Attorney Michael A. Winkleman terminated in case 1:12-cv-06349-KBF; granting (95) MOTION TO WITHDRAW APPEARANCE. Attorney Michael A. Winkleman terminated in case 1:12-cv-06904-KBF; granting (1403) MOTION TO WITHDRAW APPEARANCE. Attorney Michael A. Winkleman terminated in case 1:12-cv-08892-KBF; granting (95) MOTION TO WITHDRAW APPEARANCE. Attorney Michael A. Winkleman terminated in case 1:13-cv-01610-KBF; granting (96) MOTION TO WITHDRAW APPEARANCE. Attorney Michael A. Winkleman terminated in case 1:13-cv-05264-KBF. (Signed by Judge Katherine B. Forrest on 10/18/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (ap)
October 18, 2017 Opinion or Order Filing 1405 MEMO ENDORSEMENT: in case 1:12-cv-06349-KBF; granting (1404) MOTION TO WITHDRAW APPEARANCE; granting #101 in case 1:12-cv-6349-KBF; granting #96 in case 1:12-cv-06904-KBF; granting #97 in case 1:13-cv-05264-KBF; granted #96 in case 1:13-cv-01610-KBF. ENDORSEMENT: So Ordered. Attorney Jason R. Margulies terminated in case 1:12-cv-08892-KBF. (Signed by Judge Katherine B. Forrest on 12/18/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (ap) Modified on 10/18/2017 (ap). Modified on 11/22/2017 (ap).
October 18, 2017 Filing 1404 MOTION for Jason R. Margulies to Withdraw as Attorney . Document filed by IWONA SIUTA. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(Margulies, Jason)
October 18, 2017 Filing 1403 MOTION for Michael A. Winkleman to Withdraw as Attorney . Document filed by IWONA SIUTA. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(Winkleman, Michael)
October 17, 2017 Filing 1402 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 9/26/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 17, 2017 Filing 1401 TRANSCRIPT of Proceedings re: TRIAL held on 9/26/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/15/2018.(McGuirk, Kelly)
October 17, 2017 Filing 1400 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 9/19/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 17, 2017 Filing 1399 TRANSCRIPT of Proceedings re: TRIAL held on 9/19/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/15/2018.(McGuirk, Kelly)
October 17, 2017 Filing 1398 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 9/18/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 17, 2017 Filing 1397 TRANSCRIPT of Proceedings re: TRIAL held on 9/18/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/15/2018.(McGuirk, Kelly)
October 17, 2017 Filing 1396 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 9/14/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 17, 2017 Filing 1395 TRANSCRIPT of Proceedings re: TRIAL held on 9/14/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/15/2018.(McGuirk, Kelly)
October 17, 2017 Filing 1394 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 9/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 17, 2017 Filing 1393 TRANSCRIPT of Proceedings re: TRIAL held on 9/13/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/15/2018.(McGuirk, Kelly)
October 17, 2017 Filing 1392 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 9/12/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 17, 2017 Filing 1391 TRANSCRIPT of Proceedings re: TRIAL held on 9/12/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/15/2018.(McGuirk, Kelly)
October 17, 2017 Filing 1390 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 9/11/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 17, 2017 Filing 1389 TRANSCRIPT of Proceedings re: TRIAL held on 9/11/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2017. Redacted Transcript Deadline set for 11/17/2017. Release of Transcript Restriction set for 1/15/2018.(McGuirk, Kelly)
October 9, 2017 Filing 1388 LETTER addressed to Judge Katherine B. Forrest from Peter R. Knight dated October 9, 2017 re: Response to Deltech and Stolt Letter on Burden of Proof (Doc. No. 1383). Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC.(Knight, Peter)
October 6, 2017 Opinion or Order Filing 1387 STIPULATED ORDER OF DISMISSAL UPON SETTLEMENT: It is hereby ordered that (1) any and all claims asserted by Stolt and Deltech against Bulkhaul and (2) any and all claims, except for any subrogated claims for damage to Bulkhaul's property, asserted by Bulkhaul against Stolt and Deltech are dismissed with prejudice and without costs to any party. However, if any party certifies to this Court within thirty (30) days from the date hereof that settlement has not in fact occurred, the foregoing Order shall be vacated and the aforementioned claims shall forthwith be restored to the calendar for further proceedings. Any and all other claims asserted by Stolt and Deltech in the above captioned actions against any party other than Bulkhaul are not affected by this Order. So Ordered (Signed by Judge Katherine B. Forrest on 10/5/2017) (js)
October 5, 2017 Opinion or Order Filing 1386 MEMO ENDORSEMENT: on re: (1384 in 1:12-cv-08892-KBF) Letter filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: ORDERED: The Court Reporters are directed to make corrections herein. (Signed by Judge Katherine B. Forrest on 10/05/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(ama)
October 5, 2017 Opinion or Order Filing 1385 MEMO ENDORSEMENT: on re: (1382 in 1:12-cv-08892-KBF) Letter filed by Suttons International (N.A.) Inc., Suttons International Ltd., Suttons International. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 10/05/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(ama)
October 4, 2017 Filing 1384 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated October 4, 2017 re: Errata for Phase 1 trial transcipts. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Errata table)(Semenoro, Timothy)
October 4, 2017 Filing 1383 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti and Lawrence K. DeMeo dated October 4, 2017 re: Burden of Proof. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
October 4, 2017 Filing 1382 LETTER addressed to Judge Katherine B. Forrest from Richard J. Reisert dated October 4, 2017 re: Dismissal of Suttons Parties. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd..(Reisert, Richard)
October 2, 2017 Opinion or Order Filing 1381 MEMO ENDORSED on re: #1380 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA" ENDORSEMENT: So Ordered. (Signed by Judge Katherine B. Forrest on 10/2/2017) (js)
October 2, 2017 Filing 1380 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated October 2, 2017 re: extension of deadline for trial transcript errata. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
September 29, 2017 Opinion or Order Filing 1379 MEMO ENDORSEMENT: on re: #1378 Letter, filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 9/29/2017) (ap)
September 29, 2017 Filing 1378 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated September 29, 2017 re: Request for extension to submit the trial transcript errata sheet for Mr. James Dolan. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
September 29, 2017 Filing 1377 LETTER addressed to Judge Katherine B. Forrest from Lawrence DeMeo dated September 29, 2017 re: Deltech/Stolt Closing Argument. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV. (Attachments: #1 Mr. Manion First Presentation, #2 Mr. DeMeo Presentation Part 1, #3 Mr. DeMeo Presentation Part 2, #4 Mr. DeMeo Presentation Part 3, #5 Mr. DeMeo Presentation Part 4, #6 Mr. Nicoletti Presentation Part 1, #7 Mr. Nicoletti Presentation Part 2, #8 Mr. Nicoletti Presentation Part 3, #9 Mr. Manion Second Presentation)(Demeo, Lawrence)
September 28, 2017 Filing 1376 LETTER addressed to Judge Katherine B. Forrest from Peter R. Knight dated September 28, 2017 re: filing of Closing Argument. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Attachment - Closing Argument)(Knight, Peter)
September 28, 2017 Filing 1375 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated 9/28/2017 re: filing of closing presentation. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit MSC Closing - Part 1 of 3, #2 Exhibit MSC Closing - Part 2 of 3, #3 Exhibit MSC Closing - Part 3 of 3)(Flood, Edward)
September 28, 2017 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Peter Runkel Knight. Document No. #1374 Exhibit(s). This document is not filed via ECF. Exhibits are ATTACHED to documents that are filed pursuant to the rules of ECF. (db)
September 28, 2017 Filing 1374 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Closing Argument. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter) Modified on 9/28/2017 (db).
September 28, 2017 Filing 1373 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated September 28, 2017 re: Plaintiffs' closing statement power point presentation. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 closing statement presentation - part 1 of 2, #2 closing statement presentation - part 2 of 2)(Semenoro, Timothy)
September 28, 2017 Opinion or Order Filing 1372 ORDER: As discussed on the record on September 26, 2017 (Trial Tr. at 1626, 1629-39), the briefing schedule on the remaining questions are as follows: Stolt/Deltech parties may submit a letter of no more than five pages not later than October 4, 2017. Chemtura and any other parties who would like to file a response-also not more than five pages must do so not later than October 9, 2017. There will be no replies.( Responses due by 10/9/2017) (Signed by Judge Katherine B. Forrest on 9/28/2017) (js)
September 27, 2017 Filing 1371 LETTER addressed to Ms. Dobkin from Tim Semenoro dated 9/27/2017 re: Writes The September 25th letter set forth the names of the deposition designations and the exhibits the parties want the Court to consider. A copy of the letter is attached. When discussing the letter in open Court, Judge Forrest made it seem like a lot of exhibits would be discarded and, when I spoke with her, she seemed very focused on the tables attached to the letter. You had previously mentioned to us that the extraneous exhibits would be discarded and we could make arrangements to pick them up, which also implied there would be a lot of them. When I coupled what she said and her actions with your prior comment that the Court would be discarding the unnecessary exhibits, I started to wonder if there may have been a misunderstanding. Just to be clear, the identified exhibits are listed on the bottom of the second page and top of the third page of the letter. In all, very few exhibits were taken off the original lists. Whereas, the Court's comments implied a lot would be taken off. The attached schedules to the letter were just provided as a convenient way to cross-reference deposition exhibit numbers with trial exhibit numbers. None of the tables are meant to be a list of the only exhibits the parties are interested in having the Court consider. Again, the exhibits of interest are on the bottom of the second page and top of the third page of the letter. ENDORSEMENT: Post to docket. (Rest assured, I have to correct full set. Sorry for creating concern!)(js) Modified on 9/28/2017 (js).
September 26, 2017 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial completed on 9/26/2017. Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF. (jp)
September 25, 2017 Filing 1370 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated September 25, 2017 re: Requested identification of deposition designations and trial exhibits and open issues. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
September 19, 2017 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 9/19/2017. (jp)
September 18, 2017 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 9/18/2017. Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (jp)
September 18, 2017 Opinion or Order Filing 1369 MEMO ENDORSED on re: #1367 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: So Ordered (Signed by Judge Katherine B. Forrest on 9/18/2017) (js)
September 15, 2017 Filing 1368 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated September 9, 2017 re: Trial declarations of expert witnesses. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
September 15, 2017 Filing 1367 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated September 15, 2017 re: Transcript for first day of Phase 1 trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
September 14, 2017 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 9/14/2017. (jp)
September 13, 2017 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 9/13/2017. Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (jp)
September 12, 2017 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 9/12/2017. Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (jp)
September 11, 2017 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial begun on 9/11/2017. Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (jp)
September 11, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Eugene O'Connor to RE-FILE Document #1362 MOTION to bring one or more Personal Electronic Devices and General Purpose Computing Devices into the Courthouse and its Environs for use in the trial and related proceedings . Use the event type Letter found under the event list Other Documents. (db)
September 9, 2017 Filing 1365 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated September 9, 2017 re: Reply to ECF No. 1364 - MSC Mediterranean Shipping Company, S.A. and others' opposition to Stolt's motion for reconsideration of the Court's Order of August 31, 2017. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
September 8, 2017 Opinion or Order Filing 1366 OPINION AND ORDER: The parties are advised that Chambers can no longer receive submissions this evening. We understand the parties are coordinating on the deposition designations and a single, color-coded copy will be delivered tomorrow, Saturday, September 9, 2017 at 9 AM, not before or after. We have to make special arrangements to receive this delivery, and if the person delivering the materials is not here at that time, the materials will go to the mailroom and we will not have them in time for trial. Whoever delivers these transcripts should call (212) 805-0276 when they arrive at the courthouse. (Signed by Judge Katherine B. Forrest on 9/8/2017) (js)
September 8, 2017 Filing 1364 LETTER addressed to Judge Katherine B. Forrest from Jon Werner dated Sept. 8, 2017 re: Opposition to Stolt's Motion for Reconsideration. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
September 8, 2017 Opinion or Order Filing 1363 ORDER:The Court has received a number of communications today regarding the submission of deposition designations. Per the Courts Individual Rules, those must be in color and on one transcript per deposition. ECF printouts will not suffice, because the designations will not print out in color. The Court must receive these transcripts in time to read them before trial begins Monday, September 11, 2017, at 9:00 AM. (Signed by Judge Katherine B. Forrest on 9/8/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(jp)
September 8, 2017 Filing 1362 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to bring one or more Personal Electronic Devices and General Purpose Computing Devices into the Courthouse and its Environs for use in the trial and related proceedings . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Text of Proposed Order Enclosure)(O'Connor, Robert) Modified on 9/11/2017 (db).
September 8, 2017 Filing 1361 LETTER addressed to Judge Katherine B. Forrest from Richard J. Reisert dated September 8, 2017 re: Stolt's letter motion for reconsideration dated September 7, 2017 (ECF No. 1355). Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd..(Reisert, Richard)
September 7, 2017 Filing 1360 JOINT PRELIMINARY TRIAL REPORT. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exh B - Plaintiffs and MSC deposition designations, #2 Exh C - Deltech and Stolt deposition designations (part 1 of 2), #3 Exh C - Deltech and Stolt deposition designations (part 2 of 2), #4 Exh D - Chemtura and Rubicon deposition designations, #5 Exh E - Plaintiffs and MSC trial exhibit list, #6 Exh F - Deltech and Stolt trial exhibit list, #7 Exh G - Chemtura and Rubicon trial exhibit list, #8 Exh K - Plaintiffs supplemental proposed facts)(Semenoro, Timothy)
September 7, 2017 Filing 1359 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated September 7, 2017 re: requested email addresses for trial counsel. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
September 7, 2017 Filing 1358 LETTER addressed to Judge Katherine B. Forrest from Larry K. DeMeo dated September 7, 2017 re: Revised request for certain electronic devices to be used at trial. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Revised Proposed Order)(Demeo, Lawrence)
September 7, 2017 Opinion or Order Filing 1357 ORDER: terminating #1352 Motion to Bring Electronic Device. ORDERED Requests such as this should be posted to the docket. In light of the Court's comments at the Final Pretrial Conference on September 6, 2017, the Court clarifies that while it will not post orders regarding personal electronics on the docket, the parties should continue to post those requests to the docket. (Signed by Judge Katherine B. Forrest on 9/7/2017) (ap)
September 7, 2017 Opinion or Order Filing 1356 MEMO ENDORSEMENT: on re: #1355 Letter, filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. ENDORSEMENT: Ordered. Any party opposing this application shall file a letter response on ECF and sent to the Chambers email box, not later than Saturday, September 9 at 1 pm. (Responses due by 9/9/2017) (Signed by Judge Katherine B. Forrest on 9/7/2017) (ap)
September 7, 2017 Filing 1355 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated September 7, 2017 re: Letter Motion for Reconsideration of the Order of August 31, 2017 Dismissing Cargo Claimants (ECF No. 1340). Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
September 6, 2017 Minute Entry for proceedings held before Judge Katherine B. Forrest: Final Pretrial Conference held on 9/6/2017. Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(jp)
September 6, 2017 Opinion or Order Filing 1354 ORDER: It would be helpful to the Court to have a list of email addresses for each party's lead counsel in order to facilitate certain communications going forward if and when necessary. (The Court is not inviting email communications generally; but during trial, there may be times the Court needs to reach out on short notice.) Parties should work together and submit one list of emails by September 7, 2017 at 5:00 PM that includes all those who should receive communications from the Court. (Signed by Judge Katherine B. Forrest on 9/6/2017) (js)
September 5, 2017 Opinion or Order Filing 1353 ORDER granting #1350 Letter Motion for Extension of Time to File. ORDERED. Application granted. (In addition, when making submissions regarding objections, please provide Excel spreadsheets, per the Court's Individual Rules. Parties may email spreadsheets to Chambers at forrestnysdchambers@nysd.uscourts.gov and upload PDF versions of the spreadsheets to ECF.) (Signed by Judge Katherine B. Forrest on 9/5/2017) (anc)
September 5, 2017 Filing 1352 JOINT MOTION to bring one or more Personal Electronic Devices and General Purpose Computing Devices into the Courthouse and its Environs for use in the trial and related proceedings . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Text of Proposed Order Exhibit A)(O'Connor, Robert)
September 5, 2017 Opinion or Order Filing 1351 ORDER: The Court sets forth below a proposed order of witnesses. As discussed during the teleconference last week, the Court is amenable to alterations based upon witness convenience or other scheduling issues (as further set forth in this Order.) [The Court does not think Walsh, who is a custodian of records, needs to testify live. The parties should let the Court know if they think they have useful cross-examination for him.] (Signed by Judge Katherine B. Forrest on 9/5/2017) (cf)
September 5, 2017 Filing 1350 JOINT LETTER MOTION for Extension of Time to File the parties (1) deposition designations, (2) counter deposition designations, and (3) objections thereto, as well as the parties (4) exhibit designations and (5) objections thereto addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated 09/05/2017. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
September 5, 2017 Opinion or Order Filing 1349 MEMO ENDORSEMENT: on re: #1344 Letter filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. ENDORSEMENT: Ordered. I've already read the brief. But there is no need for trial briefs--the findings of fact and trial declarations really lay each party's positions out. (So I will not strike the brief because to do so would be--given that I have read it--form over substance). (Signed by Judge Katherine B. Forrest on 9/5/2017) (ap)
September 5, 2017 Opinion or Order Filing 1348 ORDER granting #1308 LETTER MOTION for Reconsideration re; #1282 Memorandum & Opinion. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. Ordered. The Court grants the motion for reconsideration of Robbins. The issues that remain shall be subject to cross-examination and will go to the weight. (Signed by Judge Katherine B. Forrest on 9/5/2017) (rjm)
September 5, 2017 Opinion or Order Filing 1347 MEMO ENDORSEMENT on PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DELTECH AND STOLT'S JOINT MOTION IN LIMINE TO PRECLUDE CERTAIN NEW OPINIONS OFFERED IN THE TRIAL DECLARATION OF MR. EDWARD HAMMERSLEY. ENDORSEMENT: Ordered. Motion to preclude Hammersley in part is Denied. The Court would have asked him questions regarding the full-scale test in any event. in case 1:12-cv-06349-KBF; Denying (1314) Motion to Preclude in case 1:12-cv-08892-KBF. (Signed by Judge Katherine B. Forrest on 9/5/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (rjm)
September 5, 2017 Opinion or Order Filing 1346 MEMO ENDORSEMENT: on re: (1322 in 1:12-cv-08892-KBF) STOLT-NIELSEN USA INC., STOLT TANK CONTAINERS B.V. AND DELTECH CORPORATION'S MEMORANDUM OF LAW IN OPPOSITION TO MSC'S MOTION FOR RECONSIDERATION OF THE COURT'S DAUBERT RULING REGARDING DR. PAUL BEELEY, filed by Stolt Nielsen USA, Inc., Stolt Tank Containers BV, Stolt Tank Containers B.V. ENDORSEMENT: Ordered. The motion to preclude portions of Beeley is Denied. What remains vis-a-vis factual narrative is set forth as necessary background to his opinions. As to the remainder, the Court would benefit from cross-examinations before determining the weight to give to his testimony. (Signed by Judge Katherine B. Forrest on 9/5/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF, 1:14-cv-00467-KBF and 1:13-cv-07638-KBF. (ap) Modified on 9/5/2017 (ap).
September 5, 2017 Opinion or Order Filing 1345 MEMO ENDORSED on Deltech and Stolt's Memorandum of law in Opposition to the Motion in Limine filed by MSC Conti/NSB and Chemtura terminating #1317 Motion in Limine. ENDORSEMENT: The motion's to preclude all or portions of Dolan, Earle, Fauske, Kaminski, Davis, Johnson, Sciortino, Cooper and Neil are Denied. I have now carefully reviewed the trial declarations and the arguments on the merits. The Court views the points made in the declarations within the bounds of trial which was previously allowed, useful, helpful, and relevant. The Clerk of Court is directed to terminate the motion at ECF. No. 1317. So Ordered. (Signed by Judge Katherine B. Forrest on 9/5/2017) (js)
September 2, 2017 Filing 1344 LETTER addressed to Judge Katherine B. Forrest from John Nicoletti, Esq. dated 9/2/2017 re: Letter Motion to Strike Trial Brief by MSC (R. Doc. 1342). Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
August 31, 2017 Filing 1343 JOINT PRELIMINARY TRIAL REPORT. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exh. A - joint stip. facts, #2 Exh. H - Plaintiff MSC proposed facts, #3 Exh. I - Deltech Stolt proposed facts, #4 Exh. J - Chemtura Rubicon proposed facts)(Semenoro, Timothy)
August 31, 2017 Filing 1342 TRIAL BRIEF for Phase 1. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
August 31, 2017 Filing 1341 NOTICE OF APPEARANCE by Martin R West on behalf of Mediterranean Shipping Company S.A.. (West, Martin)
August 31, 2017 Opinion or Order Filing 1340 ORDER: The Court has received only one letter in response to this Order- that letter aligns with the Court's understanding that claims against Cargo Claimants have been assumed by Stolt. (ECF No. 1333.) As such, Cargo Claimants are hereby DISMISSED from this litigation. SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/31/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(ama)
August 31, 2017 Filing 1339 DECLARATION of Timothy Semenoro in Opposition re: #1314 JOINT MOTION to Preclude Certain New Opinions Offered in the Trial Declaration of Mr. Edward Hammersley.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit 01 - Hammersley Rebuttal Report, #2 Exhibit 02 - Kaminski Main Report, #3 Exhibit 03 - Kaminski deposition transcript, #4 Exhibit 04 - Davis Rebuttal Report (part 1 of 4), #5 Exhibit 04 - Davis Rebuttal Report (part 2 of 4), #6 Exhibit 04 - Davis Rebuttal Report (part 3 of 4), #7 Exhibit 04 - Davis Rebuttal Report (part 4 of 4), #8 Exhibit 05 - Fauske Deposition Transcipt, #9 Exhibit 06 - Fauske Main Report, #10 Exhibit 07 - email, #11 Exhibit 08 - email, #12 Exhibit 09 - email, #13 Exhibit 10 - email, #14 Exhibit 11 - Hammersley Deposition Transcript)(Semenoro, Timothy)
August 31, 2017 Filing 1338 DECLARATION of Edward Hammersley in Opposition re: #1314 JOINT MOTION to Preclude Certain New Opinions Offered in the Trial Declaration of Mr. Edward Hammersley.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
August 31, 2017 Filing 1337 MEMORANDUM OF LAW in Opposition re: #1314 JOINT MOTION to Preclude Certain New Opinions Offered in the Trial Declaration of Mr. Edward Hammersley. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
August 31, 2017 Filing 1336 NOTICE OF APPEARANCE by Trevor Loomis Bradley on behalf of Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Bradley, Trevor)
August 30, 2017 Filing 1335 LETTER addressed to Judge Katherine B. Forrest from Larry K. Demeo dated August 30, 2017 re: Correction to Scott Davis Trial Declaration. Document filed by Deltech Corporation.(Demeo, Lawrence)
August 30, 2017 Filing 1334 DECLARATION of Gerry Walsh (SUPPLEMENTAL) for trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV. (Attachments: #1 Exhibit DTX-0276, #2 Exhibit DTX-0277, #3 Exhibit DTX-0278, #4 Exhibit DTX-0279, #5 Exhibit DTX-0280)(Nicoletti, John)
August 30, 2017 Filing 1333 LETTER addressed to Judge Katherine B. Forrest from Richard J. Reisert dated August 30, 2017 re: Dismissal of Suttons Parties. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd..(Clark, Peter)
August 30, 2017 Opinion or Order Filing 1331 CORRECTED OPINION AND ORDER: For the reasons set forth above, the motion for summary judgment is GRANTED as to all negligence claims by Stolt, Deltech, and Cargo Interests against BDP, GRANTED as to Deltech's contractual claims against BDP, and DENIED as to Stolts claim that BDPs breach of contract impacted its defenses to liability claims by other parties. The Clerk of Court is directed to terminate the motion at ECF No. 903. (Signed by Judge Katherine B. Forrest on 8/30/2017) (js)
August 29, 2017 Opinion or Order Filing 1332 ORDER re: #1325 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". The Court instructs Conti and NSB-and/or any other relevant party, including Cargo Claimants and/or Stolt-to clarify whether these counterclaims have been assumed, so that the Court can decide whether to dismiss Cargo Claimants from this action per its Order of August 21, 2017. (ECF No. 1312.) SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/29/17) (yv)
August 29, 2017 Opinion or Order Filing 1330 ORDER: In order to better understand the parties competing submissions with regards to the order of witness presentation in this trial (ECF Nos. 1320 and 1323), the Court will hold a telephonic conference on August 30, 2017 at 3:00 pm. The parties shall call Chambers (212-805-0276) from one line at that time. ( Telephone Conference set for 8/30/2017 at 03:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/29/2017) (js)
August 29, 2017 Filing 1329 DECLARATION of Lawrence K. DeMeo in Opposition re: #1317 JOINT MOTION in Limine .. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Demeo, Lawrence)
August 29, 2017 Filing 1328 JOINT MEMORANDUM OF LAW in Opposition re: #1317 JOINT MOTION in Limine . . Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV. (Demeo, Lawrence)
August 28, 2017 Opinion or Order Filing 1327 ORDER: The Court has received competing letters regarding the order of witness presentation in this trial (see ECF Nos. 1320 and 1323) and would like to better understand the parties' positions. Parties should coordinate among themselves and identify a time for a 30-minute telephonic conference between 3:00-4:50 PM on Wednesday, August 30, 2017. Please inform the Court of what time works best for all parties by the close of business on Tuesday, August 29, 2017. SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/28/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(ama)
August 28, 2017 Opinion or Order Filing 1326 STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS FILED BY AND AGAINST MSC: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41(a), that all cross claims, counterclaims, and third-party claims asserted by MSC and BULKHAUL, against each other in this matter as specified in docket entry 122 and 305 are dismissed with prejudice and without costs. SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/28/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(ama)
August 28, 2017 Filing 1325 LETTER addressed to Judge Katherine B. Forrest from Eugene J. O'Connor dated August 28, 2017 re: Noitce of remaining cargo-related claims. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
August 25, 2017 Filing 1324 LETTER addressed to Judge Katherine B. Forrest from James W Johnson dated August 25, 2017 re: August 21, 2017 Opinion. Document filed by BDP International, Inc..(Johnson, James)
August 25, 2017 Filing 1323 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated August 25, 2017 re: Response to Deltech / Stolt letter (docket no. 1320). Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
August 25, 2017 Filing 1322 JOINT MEMORANDUM OF LAW in Opposition re: #1309 MOTION for Reconsideration re; #1282 Memorandum & Opinion,,, . Document filed by Stolt-Nielsen USA Inc., Stolt Tank Containers B.V. and Deltech Corporation. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV. (Nicoletti, John)
August 25, 2017 Filing 1321 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated 8/25/17 re: #1308 MOTION for Reconsideration re; #1282 Memorandum & Opinion,,, . . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV. (Nicoletti, John)
August 25, 2017 Filing 1320 LETTER addressed to Judge Katherine B. Forrest from Lawrence DeMeo dated August 25, 2017 re: Requesting Guidance on Witness Order. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV.(Demeo, Lawrence)
August 24, 2017 Filing 1319 MEMORANDUM OF LAW in Support re: #1317 JOINT MOTION in Limine . . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
August 24, 2017 Filing 1318 DECLARATION of Edward P. Flood in Support re: #1317 JOINT MOTION in Limine .. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - Marked trial declaration of James Dolan, #2 Exhibit 2 - Marked trial declaration of Marshall Earle, #3 Exhibit 3 - Marked trial declaration of Deborah Kaminski, #4 Exhibit 4 - Marked trial declaration of Hans Fauske, #5 Exhibit 5 - Marked trial declaration of Scott Davis, #6 Exhibit 6 - Marked trial declaration of Travis Johnson, #7 Exhibit 7 - Marked trial declaration of Tommy Sciortino, #8 Exhibit 8 - Marked trial declaration of Gregory Cooper, #9 Exhibit 9 - Marked trial declaration of Leon Nell)(Flood, Edward)
August 24, 2017 Filing 1317 JOINT MOTION in Limine . Document filed by MSC Mediterranean Shipping Company S.A.. Return Date set for 8/31/2017 at 11:59 PM.(Flood, Edward)
August 24, 2017 Filing 1316 DECLARATION of Lawrence K. DeMeo in Support re: #1314 JOINT MOTION to Preclude Certain New Opinions Offered in the Trial Declaration of Mr. Edward Hammersley.. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Demeo, Lawrence)
August 24, 2017 Filing 1315 MEMORANDUM OF LAW in Support re: #1314 JOINT MOTION to Preclude Certain New Opinions Offered in the Trial Declaration of Mr. Edward Hammersley. . Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV. (Demeo, Lawrence)
August 24, 2017 Filing 1314 JOINT MOTION to Preclude Certain New Opinions Offered in the Trial Declaration of Mr. Edward Hammersley. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV. Return Date set for 8/31/2017 at 11:59 PM.(Demeo, Lawrence)
August 21, 2017 Opinion or Order Filing 1313 CORRECTED MEMORANDUM DECISION & ORDER: For the reasons set forth above, the motion by Chemtura and Rubicon for partial summary judgment is GRANTED, and Cargo Claimants' motion for dismissal pursuant to the settlement is GRANTED. (Signed by Judge Katherine B. Forrest on 8/21/2017) (mro)
August 21, 2017 Opinion or Order Filing 1312 MEMORANDUM DECISION & ORDER granting #1253 Motion for Partial Summary Judgment; granting #1266 Motion to Dismiss. The motion by Chemtura and Rubicon for partial summary judgment is GRANTED, and Cargo Claimants' motion for dismissal pursuant to the settlement is GRANTED. SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/21/17) (yv)
August 18, 2017 Filing 1311 MEMORANDUM OF LAW in Support re: #1309 MOTION for Reconsideration re; #1282 Memorandum & Opinion,,, . . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
August 18, 2017 Filing 1310 DECLARATION of Edward P. Flood in Support re: #1309 MOTION for Reconsideration re; #1282 Memorandum & Opinion,,, .. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - Excerpt from July 28, 2017 Opinion & Order, #2 Exhibit 2 - Dr. Beeley's Trial Declaration, #3 Exhibit 3 - Decision, #4 Exhibit 4- Decision, #5 Exhibit 5 - Decision, #6 Exhibit 5 - Decision)(Flood, Edward)
August 18, 2017 Filing 1309 MOTION for Reconsideration re; #1282 Memorandum & Opinion,,, . Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
August 18, 2017 Filing 1308 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; #1282 Memorandum & Opinion,,, . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy) Modified on 10/25/2017 (ldi).
August 16, 2017 Opinion or Order Filing 1307 MEMORANDUM DECISION AND ORDER: For the reasons set forth above, the motion by Bulkhaul for summary judgment is DENIED. So ordered. (Signed by Judge Katherine B. Forrest on 8/16/2017) (js)
August 14, 2017 Filing 1306 DECLARATION of Brian A. Ott, Ph.D for trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
August 14, 2017 Filing 1305 DECLARATION of Travis Johnson for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1 (DTX-0137), #2 Exhibit 2 (DTX-0138), #3 Exhibit 3 (DTX-0139), #4 Exhibit 4 (DTX-0140), #5 Exhibit 5 (DTX-0141), #6 Exhibit 6 (DTX-0142), #7 Exhibit 7 (DTX-0143), #8 Exhibit 8 (DTX-0043), #9 Exhibit 9 (DTX-0044), #10 Exhibit 10 (DTX-0045), #11 Exhibit 11 (DTX-0144), #12 Exhibit 12 (DTX-0145), #13 Exhibit 13 (DTX-0146), #14 Exhibit 14 (DTX-0147), #15 Exhibit 15 (DTX-0148), #16 Exhibit 16 (DTX-0149), #17 Exhibit 17 (DTX-0150), #18 Exhibit 18 (DTX-0151), #19 Exhibit 19 (DTX-0152), #20 Exhibit 20 (DTX-0153), #21 Exhibit 21 (DTX-0154), #22 Exhibit 22 (DTX-0155), #23 Exhibit 23 (DTX-0156), #24 Exhibit 24 (DTX-0157), #25 Exhibit 25 (DTX-0158), #26 Exhibit 26 (DTX-0159), #27 Exhibit 27 (DTX-0160), #28 Exhibit 28 (DTX-0161), #29 Exhibit 29 (DTX-0162), #30 Exhibit 30 (DTX-0163), #31 Exhibit 31 (DTX-0164), #32 Exhibit 32 (DTX-0165), #33 Exhibit 33 (DTX-0166), #34 Exhibit 34 (DTX-0167), #35 Exhibit 35 (DTX-0168), #36 Exhibit 36 (DTX-0068), #37 Exhibit 37 (DTX-0169), #38 Exhibit 38 (DTX-0170), #39 Exhibit 39 (DTX-0171), #40 Exhibit 40 (DTX-0172), #41 Exhibit 41 (DTX-0173), #42 Exhibit 42 (DTX-0174), #43 Exhibit 43 (DTX-0175), #44 Exhibit 44 (DTX-0176), #45 Exhibit 45 (DTX-0177), #46 Exhibit 46 (DTX-0178), #47 Exhibit 47 (DTX-0179), #48 Exhibit 48 (DTX-0180), #49 Exhibit 49 (DTX-0181), #50 Exhibit 50 (DTX-0182), #51 Exhibit 51 (DTX-0183), #52 Exhibit 52 (DTX-0184), #53 Exhibit 53 (DTX-0051), #54 Exhibit 54 (DTX-0052), #55 Exhibit 55 (DTX-0053), #56 Exhibit 56 (DTX-0054), #57 Exhibit 57 (DTX-0055), #58 Exhibit 58 (DTX-0185), #59 Exhibit 59 (DTX-0058), #60 Exhibit 60 (DTX-0186), #61 Exhibit 61 (DTX-0057), #62 Exhibit 62 (DTX-0187), #63 Exhibit 63 (DTX-0056), #64 Exhibit 64 (DTX-0188), #65 Exhibit 65 (DTX-0059), #66 Exhibit 66 (DTX-0189), #67 Exhibit 67 Part 1 (DTX-0120), #68 Exhibit 67 Part 2 (DTX-0120), #69 Exhibit 67 Part 3 (DTX-0120), #70 Exhibit 67 Part 4 (DTX-0120), #71 Exhibit 67 Part 5 (DTX-0120), #72 Exhibit 67 Part 6 (DTX-0120), #73 Exhibit 67 Part 7 (DTX-0120), #74 Exhibit 67 Part 8 (DTX-0120), #75 Exhibit 67 Part 9 (DTX-0120), #76 Exhibit 67 Part 10 (DTX-0120), #77 Exhibit 67 Part 11 (DTX-0120), #78 Exhibit 67 Part 12 (DTX-0120), #79 Exhibit 67 Part 13 (DTX-0120), #80 Exhibit 67 Part 14 (DTX-0120), #81 Exhibit 67 Part 15 (DTX-0120), #82 Exhibit 67 Part 16 (DTX-0120), #83 Exhibit 67 Part 17 (DTX-0120), #84 Exhibit 67 Part 18 (DTX-0120), #85 Exhibit 67 Part 19 (DTX-0120), #86 Exhibit 67 Part 20 (DTX-0120), #87 Exhibit 67 Part 21 (DTX-0120), #88 Exhibit 68 (DTX-0040), #89 Exhibit 69 (DTX-0041), #90 Exhibit 70 (DTX-0042), #91 Exhibit 71 (DTX-0124), #92 Exhibit 72 (DTX-0133), #93 Exhibit 73 (DTX-0190), #94 Exhibit 74 (DTX-0191), #95 Exhibit 75 (DTX-0192), #96 Exhibit 76 (DTX-0200), #97 Exhibit 77 (DTX-0060), #98 Exhibit 78 (DTX-0275))(Bosworth, Brian)
August 14, 2017 Filing 1304 DECLARATION of Dr. Scott G. Davis for Trial. Document filed by Deltech Corporation, Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit 1 (DTX-0224), #2 Exhibit 2 (DTX-0225), #3 Exhibit 3 (DTX-0226), #4 Exhibit 4 (DTX-0227), #5 Exhibit 5 (DTX-0228), #6 Exhibit 6 (DTX-0229), #7 Exhibit 7 (DTX-0230), #8 Exhibit 8 (DTX-0231) Part 1, #9 Exhibit 8 (DTX-0231) Part 2, #10 Exhibit 8 (DTX-0231) Part 3, #11 Exhibit 8 (DTX-0231) Part 4, #12 Exhibit 9 (DTX-0232), #13 Exhibit 10 (DTX-0233), #14 Exhibit 11 (DTX-0207), #15 Exhibit 12 (DTX-0234), #16 Exhibit 13 (DTX-0235), #17 Exhibit 14 (DTX-0236), #18 Exhibit 15 (DTX-0237), #19 Exhibit 16 (DTX-0238), #20 Exhibit 17 (DTX-0239), #21 Exhibit 18 (DTX-0240), #22 Exhibit 19 (DTX-0241), #23 Exhibit 20 (DTX-0242), #24 Exhibit 21 (DTX-0243), #25 Exhibit 22 (DTX-0244), #26 Exhibit 23 (DTX-0245), #27 Exhibit 24 (DTX-0047), #28 Exhibit 25 (DTX-0111), #29 Exhibit 26 (DTX-0246), #30 Exhibit 27 (DTX-0247), #31 Exhibit 28 (DTX-0021), #32 Exhibit 29 (DTX-0022), #33 Exhibit 30 (DTX-0023), #34 Exhibit 31 (DTX-0040), #35 Exhibit 32 (DTX-0041), #36 Exhibit 33 (DTX-0042), #37 Exhibit 34 (DTX-0114), #38 Exhibit 35 (DTX-0119), #39 Exhibit 36 (DTX-0120) Part 1, #40 Exhibit 36 (DTX-0120) Part 2, #41 Exhibit 36 (DTX-0120) Part 3, #42 Exhibit 36 (DTX-0120) Part 4, #43 Exhibit 36 (DTX-0120) Part 5, #44 Exhibit 36 (DTX-0120) Part 6, #45 Exhibit 36 (DTX-0120) Part 7, #46 Exhibit 36 (DTX-0120) Part 8, #47 Exhibit 36 (DTX-0120) Part 9, #48 Exhibit 36 (DTX-0120) Part 10, #49 Exhibit 36 (DTX-0120) Part 11, #50 Exhibit 36 (DTX-0120) Part 12, #51 Exhibit 36 (DTX-0120) Part 13, #52 Exhibit 36 (DTX-0120) Part 14, #53 Exhibit 36 (DTX-0120) Part 15, #54 Exhibit 36 (DTX-0120) Part 16, #55 Exhibit 36 (DTX-0120) Part 17, #56 Exhibit 36 (DTX-0120) Part 18, #57 Exhibit 36 (DTX-0120) Part 19, #58 Exhibit 36 (DTX-0120) Part 20, #59 Exhibit 36 (DTX-0120) Part 21, #60 Exhibit 37 (DTX-0248), #61 Exhibit 38 (DTX-0061), #62 Exhibit 39 (DTX-0062), #63 Exhibit 40 (DTX-0063), #64 Exhibit 41 (DTX-0043), #65 Exhibit 42 (DTX-0044), #66 Exhibit 43 (DTX-0045), #67 Exhibit 44 (DTX-0151), #68 Exhibit 45 (DTX-0152), #69 Exhibit 46 (DTX-0056), #70 Exhibit 47 (DTX-0057), #71 Exhibit 48 (DTX-0058), #72 Exhibit 49 (DTX-0059), #73 Exhibit 50 (DTX-0060), #74 Exhibit 51 (DTX-0169), #75 Exhibit 52 (DTX-0125), #76 Exhibit 53 (DTX-0213), #77 Exhibit 54 (DTX-0134), #78 Exhibit 55 (DTX-0205), #79 Exhibit 56 (DTX-0202), #80 Exhibit 57 (DTX-0249), #81 Exhibit 58 (DTX-0250), #82 Exhibit 59 (DTX-0252), #83 Exhibit 60 (DTX-0253), #84 Exhibit 61 (DTX-0254), #85 Exhibit 62 (DTX-0255), #86 Exhibit 63 (DTX-0069), #87 Exhibit 64 (DTX-0256), #88 Exhibit 65 (DTX-0257), #89 Exhibit 66 (DTX-0258), #90 Exhibit 67 (DTX-0259), #91 Exhibit 68 (DTX-0260), #92 Exhibit 69 (DTX-0261), #93 Exhibit 70 (DTX-0262), #94 Exhibit 71 (DTX-0263), #95 Exhibit 72 (DTX-0264), #96 Exhibit 73 (DTX-0265), #97 Exhibit 74 (DTX-0266), #98 Exhibit 75 (DTX-0268), #99 Exhibit 76 (DTX-0269), #100 Exhibit 77 (DTX-0270), #101 Exhibit 78 (DTX-0048), #102 Exhibit 79 (DTX-0049), #103 Exhibit 80 (DTX-0271), #104 Exhibit 81 (DTX-0272), #105 Exhibit 82 (DTX-0130), #106 Exhibit 83 (DTX-0273) Part 1, #107 Exhibit 83 (DTX-0273) Part 2, #108 Exhibit 83 (DTX-0273) Part 3, #109 Exhibit 83 (DTX-0273) Part 4, #110 Exhibit 84 (DTX-0274) Part 1, #111 Exhibit 84 (DTX-0274) Part 2, #112 Exhibit 84 (DTX-0274) Part 3)(Demeo, Lawrence)
August 14, 2017 Filing 1303 DECLARATION of Dr. Deborah Kaminski for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1 (DTX-0201), #2 Exhibit 2 (DTX-0043), #3 Exhibit 3 (DTX-0044), #4 Exhibit 4 (DTX-0045), #5 Exhibit 5 (DTX-0048), #6 Exhibit 6 (DTX-0049), #7 Exhibit 7 (DTX-0050), #8 Exhibit 8 (DTX-0202) Part 1, #9 Exhibit 8 (DTX-0202) Part 2, #10 Exhibit 8 (DTX-0202) Part 3, #11 Exhibit 9 (DTX-0203), #12 Exhibit 10 (DTX-0204), #13 Exhibit 11 (DTX-0205) Part 1, #14 Exhibit 11 (DTX-0205) Part 2, #15 Exhibit 12 (DTX-0207), #16 Exhibit 13 (DTX-208) Part 1, #17 Exhibit 13 (DTX-208) Part 2, #18 Exhibit 13 (DTX-208) Part 3, #19 Exhibit 14 (DTX-0001), #20 Exhibit 15 (DTX-0002), #21 Exhibit 16 (DTX-0003), #22 Exhibit 17 (DTX-0209), #23 Exhibit 18 (DTX-0210), #24 Exhibit 19 (DTX-0211), #25 Exhibit 20 (DTX-0212) Part 1, #26 Exhibit 20 (DTX-0212) Part 2, #27 Exhibit 20 (DTX-0212) Part 3, #28 Exhibit 21 (DTX-0213) Part 1, #29 Exhibit 21 (DTX-0213) Part 2, #30 Exhibit 21 (DTX-0213) Part 3, #31 Exhibit 21 (DTX-0213) Part 4, #32 Exhibit 21 (DTX-0213) Part 5, #33 Exhibit 21 (DTX-0213) Part 6, #34 Exhibit 22 (DTX-0214), #35 Exhibit 23 (DTX-0215), #36 Exhibit 24 (DTX-0216), #37 Exhibit 25 (DTX-0151), #38 Exhibit 26 (DTX-0152), #39 Exhibit 27 (DTX-0223), #40 Exhibit 28 (DTX-0020))(Demeo, Lawrence)
August 14, 2017 Filing 1302 DECLARATION of Tommy Sciortino for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1 (DTX-0018), #2 Exhibit 2 (DTX-0019), #3 Exhibit 3 (DTX-0020), #4 Exhibit 4 (DTX-0021), #5 Exhibit 5 (DTX-0022), #6 Exhibit 6 (DTX-0023), #7 Exhibit 7 (DTX-0024), #8 Exhibit 8 (DTX-0025), #9 Exhibit 9 (DTX-0026), #10 Exhibit 10 (DTX-0027), #11 Exhibit 11 (DTX-0028), #12 Exhibit 12 (DTX-0029), #13 Exhibit 13 (DTX-0030), #14 Exhibit 14 (DTX-0032), #15 Exhibit 15 (DTX-0033), #16 Exhibit 16 (DTX-0034), #17 Exhibit 17 (DTX-0035), #18 Exhibit 18 (DTX-0036), #19 Exhibit 19 (DTX-0037), #20 Exhibit 20 (DTX-0038), #21 Exhibit 21 (DTX-0039), #22 Exhibit 22 (DTX-0040), #23 Exhibit 23 (DTX-0041), #24 Exhibit 24 (DTX-0042), #25 Exhibit 25 (DTX-0043), #26 Exhibit 26 (DTX-0044), #27 Exhibit 27 (DTX-0045), #28 Exhibit 28 (DTX-0046), #29 Exhibit 29 (DTX-0047), #30 Exhibit 30 (DTX-0048), #31 Exhibit 31 (DTX-0049), #32 Exhibit 32 (DTX-0050), #33 Exhibit 33 (DTX-0051), #34 Exhibit 34 (DTX-0052), #35 Exhibit 35 (DTX-0053), #36 Exhibit 36 (DTX-0054), #37 Exhibit 37 (DTX-0055), #38 Exhibit 38 (DTX-0056), #39 Exhibit 39 (DTX-0057), #40 Exhibit 40 (DTX-0058), #41 Exhibit 41 (DTX-0059), #42 Exhibit 42 (DTX-0060), #43 Exhibit 43 (DTX-0061), #44 Exhibit 44 (DTX-0062), #45 Exhibit 45 (DTX-0063))(Demeo, Lawrence)
August 14, 2017 Filing 1301 DECLARATION of David Robbins for trial - Part 1 of 4. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Part 2 of 4, #2 Part 3 of 4, #3 Part 4 of 4)(Semenoro, Timothy)
August 14, 2017 Filing 1300 DECLARATION of Ian Wadsworth for trial - Part 1 of 2. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Part 2 of 2)(Semenoro, Timothy)
August 14, 2017 Filing 1299 DECLARATION of Edward Hammersley for trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
August 14, 2017 Filing 1298 DECLARATION of Robert Cohen for trial. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
August 14, 2017 Filing 1297 DECLARATION of Anand Prabhakaran for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit 1 (DTX-0132), #2 Exhibit 2 (DTX-0134), #3 Exhibit 3 (DTX-0136))(Nicoletti, John)
August 14, 2017 Filing 1296 DECLARATION of Leon Nell for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit 1 (DTX-0001), #2 Exhibit 2 (DTX-0002), #3 Exhibit 3 (DTX-0003), #4 Exhibit 4 (DTX-0004), #5 Exhibit 5 (DTX-0005), #6 Exhibit 6 (DTX-0006), #7 Exhibit 7 (DTX-0007), #8 Exhibit 8 (DTX-0008), #9 Exhibit 9 (DTX-0009), #10 Exhibit 10 (DTX-0010), #11 Exhibit 11 (DTX-0011), #12 Exhibit 12 (DTX-0012), #13 Exhibit 13 (DTX-0013), #14 Exhibit 14 (DTX-0014), #15 Exhibit 15 (DTX-0015), #16 Exhibit 16 (DTX-0016), #17 Exhibit 17 (DTX-0017))(Nicoletti, John)
August 14, 2017 Filing 1295 DECLARATION of Gregory Cooper for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1 (DTX-0021), #2 Exhibit 2 (DTX-0022), #3 Exhibit 3 (DTX-0023), #4 Exhibit 4 (DTX-0040), #5 Exhibit 5 (DTX-0041), #6 Exhibit 6 (DTX-0042), #7 Exhibit 7 (DTX-0046), #8 Exhibit 8 (DTX-0047), #9 Exhibit 9 (DTX-0111), #10 Exhibit 10 (DTX-0112), #11 Exhibit 11 (DTX-0113), #12 Exhibit 12 (DTX-0114), #13 Exhibit 13 (DTX-0115), #14 Exhibit 14 (DTX-0116), #15 Exhibit 15 (DTX-0117), #16 Exhibit 16 (DTX-0118), #17 Exhibit 17 - Part 1 (DTX-0119), #18 Exhibit 17 - Part 2 (DTX-0119), #19 Exhibit 17 - Part 3 (DTX-0119), #20 Exhibit 18 - Part 1 (DTX-0120), #21 Exhibit 18 - Part 2 (DTX-0120), #22 Exhibit 18 - Part 3 (DTX-0120), #23 Exhibit 18 - Part 4 (DTX-0120), #24 Exhibit 18 - Part 5 (DTX-0120), #25 Exhibit 18 - Part 6 (DTX-0120), #26 Exhibit 18 - Part 7 (DTX-0120), #27 Exhibit 18 - Part 8 (DTX-0120), #28 Exhibit 18 - Part 9 (DTX-0120), #29 Exhibit 18 - Part 10 (DTX-0120), #30 Exhibit 18 - Part 11 (DTX-0120), #31 Exhibit 18 - Part 12 (DTX-0120), #32 Exhibit 18 - Part 13 (DTX-0120))(Demeo, Lawrence)
August 14, 2017 Filing 1294 DECLARATION of Gerry Walsh of Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit DTX-0076, #2 Exhibit DTX-0077, #3 Exhibit DTX-0078, #4 Exhibit DTX-0079, #5 Exhibit DTX-0080, #6 Exhibit DTX-0081, #7 Exhibit DTX-0082, #8 Exhibit DTX-0083, #9 Exhibit DTX-0084, #10 Exhibit DTX-0085, #11 Exhibit DTX-0086, #12 Exhibit DTX-0087, #13 Exhibit DTX-0088, #14 Exhibit DTX-0089, #15 Exhibit DTX-0090, #16 Exhibit DTX-0091, #17 Exhibit DTX-0092, #18 Exhibit DTX-0093, #19 Exhibit DTX-0094, #20 Exhibit DTX-0095, #21 Exhibit DTX-0096, #22 Exhibit DTX-0097, #23 Exhibit DTX-0098, #24 Exhibit DTX-0099, #25 Exhibit DTX-0100, #26 Exhibit DTX-0101, #27 Exhibit DTX-0102, #28 Exhibit DTX-0103, #29 Exhibit DTX-0104, #30 Exhibit DTX-0105, #31 Exhibit DTX-0106, #32 Exhibit DTX-0107, #33 Exhibit DTX-0108, #34 Exhibit DTX-0109, #35 Exhibit DTX-0110)(Nicoletti, John)
August 14, 2017 Filing 1293 DECLARATION of Douglas J. Carpenter for Trial. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Knight, Peter)
August 14, 2017 Filing 1292 DECLARATION of David Hughes for trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
August 14, 2017 Filing 1291 DECLARATION of Paul Beeley, Ph.D. for trial. Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
August 14, 2017 Filing 1290 DECLARATION of Dr. Hans Fauske for Trial. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1 (DTX-0121), #2 Exhibit 2 (DTX-0122), #3 Exhibit 3 (DTX-0123), #4 Exhibit 4 (DTX-0124), #5 Exhibit 5 (DTX-0133), #6 Exhibit 6 (DTX-0125))(Demeo, Lawrence)
August 14, 2017 Filing 1289 DECLARATION of Marshall Earle, Ph.D. for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit 1 (DTX-0064), #2 Exhibit DTX-0065, #3 Exhibit DTX-0066, #4 Exhibit 2 (DTX-0067), #5 Exhibit DTX-0068, #6 Exhibit DTX-0069, #7 Exhibit DTX-0070, #8 Exhibit DTX-0071, #9 Exhibit DTX-0072, #10 Exhibit 3 (DTX-0073), #11 Exhibit 4 (DTX-0074), #12 Exhibit 5 (DTX-0075))(Nicoletti, John)
August 14, 2017 Filing 1288 DECLARATION of James L. Dolan for Trial. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit 1 (DTX-0126), #2 Exhibit 2 (DTX-0127), #3 Exhibit 3 (DTX-0128), #4 Exhibit 4 (DTX-0129), #5 Exhibit 5 (DTX-0130), #6 Exhibit 6 (DTX-0131))(Nicoletti, John)
August 10, 2017 Opinion or Order Filing 1287 MEMORANDUM DECISION AND ORDER: For the reasons set forth above, Stolt's motion for summary judgment against BDP is DENIED. So Ordered. (Signed by Judge Katherine B. Forrest on 8/10/2017) (js)
August 10, 2017 Opinion or Order Filing 1286 MEMORANDUM DECISION & ORDER: denying #942 Motion for Summary Judgment. For the reasons set forth above, the motion by Chemtura and Rubicon for summary judgment is DENIED, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 8/10/2017) (ap)
August 4, 2017 Filing 1285 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated August 4, 2017 re: Captain Sean Tortora and Todd Duke will be Phase 2 expert witnesses. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
August 2, 2017 Opinion or Order Filing 1284 MEMO ENDORSED on re: #1283 Letter. ENDORSEMENT: I totally entirely agree. The 8/14/2017 deadline applies only to Phase 1. So Ordered. (Signed by Judge Katherine B. Forrest on 8/2/2017) (js)
August 1, 2017 Filing 1283 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated August 1, 2017 re: Deadline for Phase 2 experts to motion for reargument. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
July 28, 2017 Opinion or Order Filing 1282 OPINION & ORDER: The Court has set forth herein precise explanations of which parts of which expert reports it has excluded, and why. The motions to preclude experts Borossay and Walker are GRANTED in their entirety. The motions to preclude experts Richard, Kaminski, and Gossman are DENIED in their entirety. The motions to preclude the remaining proffered experts are GRANTED in part and DENIED in part as detailed in this Opinion & Order. Any further motions regarding any expert must be made by single letter motion of not more than ten pages per expert, e.g., if a party brings an application relating to two or more experts, both should be addressed in a single submission. The Clerk of Court is directed to close the motions at ECF Nos. 1037, 1059, 1030, 1026, 1017, 1034, 1013, 1053, 1009, 1020, 1042, 1046, 1052, and 1068, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 7/28/2017) (ap) (js).
July 26, 2017 Opinion or Order Filing 1280 MEMORANDUM DECISION & ORDER: granting (957) Motion for Summary Judgment in case 1:12-cv-08892-KBF. For the following reasons, the Court GRANTS summary judgment for Deltech Europe on all claims, cross-claims, counterclaims, and third-party claims filed against it, and the Court dismisses Deltech Europe from this matter. For the foregoing reasons, Deltech Europe's motion for summary judgment is GRANTED. The Clerk of Court is directed to terminate the motion at ECF No. 957 and to terminate Deltech Europe, Ltd., from this action. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/26/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF. ** Party Deltech Europe Ltd., Deltech Europe Ltd., Deltech Europe Ltd., Deltech Europe Ltd., Deltech Europe Ltd., Deltech Europe Ltd., Deltech Europe Ltd., Deltech Europe Ltd., Deltech Europe Ltd., Deltech Europe Ltd., Deltech Europe Ltd. and Deltech Europe Ltd. terminated. (ama) Modified on 7/26/2017 (ama).
July 21, 2017 Opinion or Order Filing 1279 RULE 41(a) STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE CONCERNING CLAIMS ASSERTED BY THE SUTTONS PARTIES [DOCKET NOS. 66, 123 & 160]: SUTTONS INTERNATIONAL LTD. AND SUTTONS INTERNATIONAL (N.A.) INC. (together "SUTTONS") by their undersigned attorneys, hereby stipulate, consent and agree that, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, all claims, cross-claims, and causes of action asserted by SUTTONS against DELTECH CORPORATION, DELTECH EUROPE, LTD. and NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA (together "DELTECH"), STOLT TANK CONTAINERS BV, STOLT-NIELSEN USA, INC., STOLT TANK CONTAINERS FRANCE SAS and STOLT TANK CONTAINERS GERMANY GMBH (together "STOLT"), CONTI 11 CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA and NSB NIEDERELBE SCHIFFAHRTGESELLSCHAFT MBH & CO. KG (together "CONTI/NSB") and MEDITERRANEAN SHIPPING COMPANY S.A. ("MSC") in Docket Nos. 160 (relating to STOLT and DELTECH), 66 and 203 (relating to CONTI/NSB) and 123 (relating to MSC) are hereby dismissed with prejudice and without costs to any party as against another. SO ORDERED. (Suttons International (N.A.) Inc., Suttons International Ltd. terminated.) (Signed by Judge Katherine B. Forrest on 7/21/2017)***Pursuant to instructions from Chambers, Filed In All Member and Related Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF, 1:14-cv-00467-KBF, 1:13-cv-07638-KBF(anc)
July 18, 2017 Opinion or Order Filing 1281 MEMORANDUM DECISION & ORDER: denying (973) Motion for Summary Judgment; terminating (1132) Motion to Strike in case 1:12-cv-08892-KBF. The Court concludes there are far too many disputed material facts including facts that are highly material to the alleged negligence of MSC's terminal agent, MSC's knowledge of the chemical characteristics of DVB, and MSC's general practices regarding the handling of dangerous goods- for the Court to conclude that the COGSA fire defense applies to all shipper claims against MSC as a matter of law. MSC's motion for summary judgment as to its COGSA fire defense is therefore DENIED. If MSC wishes to raise COGSA as a defense, it must do so by offering factual proof of COGSA's applicability at trial. The Clerk of Court is directed to terminate the motions at ECF Nos. 973 and 1132. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/18/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (ama)
July 17, 2017 Filing 1278 REPLY MEMORANDUM OF LAW in Support re: #1253 MOTION for Partial Summary Judgment . . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
July 14, 2017 Opinion or Order Filing 1277 ORDER withdrawing #1000 Motion to Disqualify; withdrawing #1046 Motion to Disqualify; withdrawing #1058 Motion to Disqualify: The Court has reviewed the letters at ECF Nos. 1275 and 1276 notifying the Court that proffered experts Robert Harshman, John Fuller, and Joseph Porcelli, and the respective Daubert motions to preclude these individuals, have been withdrawn. Any party contemplating withdrawing any expert or Daubert motion is hereby directed to file a letter informing the Court of their intent not later than Wednesday, July 19, 2017. (Signed by Judge Katherine B. Forrest on 7/14/2017) (jwh)
July 14, 2017 Filing 1276 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated July 14, 2017 re: Withdraw expert Dr. Porcelli and corresponding Daubert motions. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
July 12, 2017 Set/Reset Deadlines: Pretrial Order due by 8/31/2017. (js)
July 12, 2017 Filing 1275 LETTER addressed to Judge Katherine B. Forrest from Larry K. Demeo dated 170713 re: Robert Harshman. Document filed by Deltech Corporation.(Demeo, Lawrence)
July 12, 2017 Opinion or Order Filing 1274 ORDER: As discussed on the record at the June 23, 2017, conference, the Court has ADJOURNED the upcoming Phase 1 trial to Monday, September 11, 2017. The pretrial dates and deadlines are set as follows: 1. Trial declarations shall be due not later than Monday, August 14, 2017. 2. Motions for reconsideration of the Courts forthcoming Daubert decision shall be filed not later than Friday, August 18, 2017. Oppositions shall be submitted not later than Friday, August 25, 2017. No replies. 3. Motions in limine shall be due not later than Thursday, August 24, 2017. Responses to motions in limine shall be due not later than Thursday, August 31, 2017. No replies. 4. Pretrial materials, including the joint pretrial order, shall be due not later than Thursday, August 31, 2017. 5. The final pretrial conference is set for Wednesday, September 6, 2017. ( Motions due by 8/24/2017., Responses due by 8/31/2017) (Signed by Judge Katherine B. Forrest on 7/12/2017) (js)
July 11, 2017 Opinion or Order Filing 1273 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Monsanto Company and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. So Ordered. (Signed by Judge Katherine B. Forrest on 7/11/2017) (js)
July 6, 2017 Filing 1272 NOTICE of of Removal from Service List and all Electronic Notifications. Document filed by IWONA SIUTA. Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(Winkleman, Michael)
June 30, 2017 Filing 1271 RULE 56.1 STATEMENT. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
June 30, 2017 Filing 1270 DECLARATION of John A.V. Nicoletti in Opposition re: #1253 MOTION for Partial Summary Judgment .. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
June 30, 2017 Filing 1269 MEMORANDUM OF LAW in Opposition re: #1253 MOTION for Partial Summary Judgment . . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
June 30, 2017 Filing 1268 DECLARATION of John J. Sullivan in Opposition re: #1253 MOTION for Partial Summary Judgment ., #1266 CROSS MOTION to Dismiss Cargo Claimants Pursuant to Settlement.. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit 1 - Email to Peter Knight, April 28, 2017)(Leland, Kipp)
June 30, 2017 Filing 1267 MEMORANDUM OF LAW in Opposition re: #1253 MOTION for Partial Summary Judgment ., #1266 CROSS MOTION to Dismiss Cargo Claimants Pursuant to Settlement. . Document filed by Hill Rivkins Cargo Claimants. (Leland, Kipp)
June 30, 2017 Filing 1266 CROSS MOTION to Dismiss Cargo Claimants Pursuant to Settlement. Document filed by Hill Rivkins Cargo Claimants. Responses due by 7/10/2017(Leland, Kipp)
June 29, 2017 Filing 1265 SEALED DOCUMENT placed in vault.(mps)
June 29, 2017 Opinion or Order Filing 1264 MEMO ENDORSED on re: #1257 Letter, filed by Eagle Paper International, Inc. ENDORSEMENT: The Court will not impose a separate confidentiality requirement. The parties are free to contractually agree to such a provision. So Ordered (Signed by Judge Katherine B. Forrest on 6/29/2017) (js)
June 26, 2017 Set/Reset Deadlines: Replies due by 7/17/2017. (cf)
June 26, 2017 Opinion or Order Filing 1263 ORDER granting #1261 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Katherine B. Forrest on 6/26/2017) (cf)
June 26, 2017 Set/Reset Deadlines: Responses due by 7/3/2017 Replies due by 7/10/2017. (rj)
June 26, 2017 Opinion or Order Filing 1262 ORDER granting #1259 Letter Motion for Extension of Time. SO ORDERED. Responses due by 7/3/2017. Replies due by 7/10/2017. (Signed by Judge Katherine B. Forrest on 6/26/2017) (rj)
June 23, 2017 Filing 1261 SUPPLEMENTAL LETTER MOTION for Extension of Time supplementing letter motion Doc. 1259 addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated June 23, 2017. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
June 23, 2017 Opinion or Order Filing 1260 RULE 41 (A) STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE CONCERNING CLAIMS AGAINST BASF CORP. [DOCKET NOS. 529 AND 533]: It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) BASF Corp., et al. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (Signed by Judge Katherine B. Forrest on 6/23/2017) (js)
June 23, 2017 Filing 1259 CONSENT LETTER MOTION for Extension of Time of one-week to oppose Chemtura motion for partial summary judgment on Stolt's claims for contribution and indemnity addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated June 23, 2017. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
June 22, 2017 Opinion or Order Filing 1258 ORDER: As the parties are aware, the Court has directed the parties to arrange for a telephonic conference to discuss the status of this matter. The Court has had three back-to-back trials over the past two months, two of which lasted over four weeks. The Court is currently trying a jury and bench trial simultaneously (now in a fifth week) that are expected to extend through the end of next week. While the Court had made significant progress on resolving the open motions in this matter prior to the commencement of these trials, despite its best efforts it has been unable to complete the decisions as of the date of this order. The Court therefore intends to use the pending conference discuss the timing of the resolution of these motions. Without committing to an adjournment of the trial possibly to the early fall, the Court hereby informs the parties that it is considering whether that is the most prudent course. (Signed by Judge Katherine B. Forrest on 6/22/2017) (js)
June 19, 2017 Filing 1257 LETTER addressed to Judge Katherine B. Forrest from James W. Carbin dated June 19, 2017 re: Response to Your Honor's Memo Order dated June 14, 2017 and in response to Stolt's request for an order directing the recipients of the Cargo settlement agreement treat it as confidential.. Document filed by Eagle Paper International, Inc..(Carbin, James)
June 15, 2017 Filing 1256 MEMORANDUM OF LAW in Support re: #1253 MOTION for Partial Summary Judgment . . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
June 15, 2017 Filing 1255 DECLARATION of Peter R. Knight in Support re: #1253 MOTION for Partial Summary Judgment .. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Filed Under Seal))(Knight, Peter)
June 15, 2017 Filing 1254 RULE 56.1 STATEMENT. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
June 15, 2017 Filing 1253 MOTION for Partial Summary Judgment . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. Responses due by 6/26/2017(Knight, Peter)
June 14, 2017 Opinion or Order Filing 1252 MEMO ENDORSED on re: #1251 Letter, filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. ENDORSEMENT: Ordered: Does any party object or is this agreed by all parties? (Signed by Judge Katherine B. Forrest on 6/14/2017) (js)
June 13, 2017 Filing 1251 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated June 13, 2017 re: Confidentiality treatment of Cargo Claims Settlement Agreement terms. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
June 7, 2017 Opinion or Order Filing 1250 ORDER FOR ADMISSION PRO HAC VICE: granting #1249 Motion for Brian J. Bosworth to Appear Pro Hac Vice. The motion of Brian J. Bosworth, for admission to practice pro hac vice in the above captioned action is granted.. (Signed by Judge Katherine B. Forrest on 6/7/2017) (js)
June 6, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1249 MOTION for Brian J. Bosworth to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
June 6, 2017 Filing 1249 MOTION for Brian J. Bosworth to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deltech Corporation. (Attachments: #1 Affidavit of Brian J. Bosworth, #2 Exhibit 1, #3 Text of Proposed Order)(Bosworth, Brian)
June 6, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1248 MOTION for Brian J. Bosworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13745291. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Pursuant to rule 1.3. please attach and affadavit or Declaration of the Attorney;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
June 5, 2017 Filing 1248 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian J. Bosworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13745291. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Proposed Order)(Bosworth, Brian) Modified on 6/6/2017 (wb).
June 2, 2017 Opinion or Order Filing 1247 RULE 41(a) STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE CONCERNING CLAIMS AGAINST THE SUTTONS PARTIES [DOCKET NOS. 164, 165 & 529]: Deltech Corporation, Deltech Europe, LTD. and National Union Fire Insurance Co. of Pittsburgh, PA (herein after collectively, "Deltech") (together "Deltech"), and Stolt Tank Containers BV, Stolt-Nielsen USA, INC., Stolt Tank Containers France SAS adn Stolt Tank Containers Germany GMBH (together "Stolt"), by their undersigned attorneys, hereby stipulate, consent and agree that, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, all claims, cross-claims, and causes of action alleged against Suttons International LTD. and Suttons International (N.A.) INC. and their insurers (together "Suttons") in Docket Nos. 165 and 529 (relating to Stolt) and 164 (relating to Deltech) are hereby dismissed with prejudice and without costs to any party. SO ORDERED. (Signed by Judge Katherine B. Forrest on 6/02/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(ama)
June 1, 2017 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Richard Reisert for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1246 Stipulation of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km)
May 31, 2017 Filing 1246 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Deltech Corporation, Deltech Europe Ltd., Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., Stolt Tank Containers BV, Stolt Tank Containers France SAS, Stolt Tank Containers Germany GMBH and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd..(Reisert, Richard) Modified on 6/1/2017 (km).
May 25, 2017 Filing 1245 LETTER addressed to Judge Katherine B. Forrest from James W. Johnson dated May 25, 2017 re: Pending Motions. Document filed by BDP International, Inc..(Johnson, James)
May 23, 2017 Opinion or Order Filing 1244 MEMO ENDORSED on re: (#1238 in 1:12-cv-08892-KBF) Letter. ENDORSEMENT: Any party wishing to file a motion on the above issue, seeking judicial action, shall do so not later than June 15, 2017. Any opposition shall be filed not later than June 26, and any reply not later than July 3. So Ordered (Signed by Judge Katherine B. Forrest on 5/23/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(js)
May 22, 2017 Filing 1243 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated May 22, 2017 re: Settlement agreement between Cargo Claimants and Stolt, and responding to Chemtura's May 17, 2017 letter (ECF No. 1238). Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
May 18, 2017 Opinion or Order Filing 1242 STIPULATION OF DISCONTINUANCE: IT IS STIPULATED AND AGREED that all Plaintiff's claims, cross-claims, and counterclaims against Bulkhaul, are hereby dismissed with prejudice and without costs with the exception of Conti's Seventh Counterclaim against Bulkhaul for General Average contributions, which is expressly dismissed without prejudice and without costs; and as further set forth herein. SO ORDERED. (Signed by Judge Katherine B. Forrest on 5/18/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(anc)
May 18, 2017 Opinion or Order Filing 1241 MEMO ENDORSEMENT on re: #1240 Letter, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: 17th (unless you meant 7/19 for a particular reason). So Ordered.(Motions due by 6/29/2017. Pretrial Order due by 7/7/2017. Responses due by 7/7/2017. Final Pretrial Conference set for 7/12/2017 at 01:00 PM before Judge Katherine B. Forrest. Final Pretrial Conference set for 9/6/2017 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/18/2017) (anc)
May 18, 2017 Filing 1240 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated May 18, 2017 re: Report on trial length. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
May 17, 2017 Filing 1239 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated May 17, 2017 re: The Court's May 10, 2017 Order directing the parties to jointly submit a chart summarizing the claims asserted and motions filed, and the status of the claims and motions. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
May 17, 2017 Filing 1238 LETTER addressed to Judge Katherine B. Forrest from Peter R. Knight dated May 17, 2017 re: Request for Supplemental Briefing. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC.(Knight, Peter)
May 10, 2017 Opinion or Order Filing 1237 ORDER: The Court needs to understand which parties have asserted claims against other parties. The Court hereby directs the parties to jointly submit a chart illustrating (1) all the claims by any party against any other party, (2) which of those claims have been resolved by settlement and which remain pending, and (3) the relevant pending motions for each party (by ECF docket number). The parties should submit this chart not later than Wednesday, May 17, 2017. (Signed by Judge Katherine B. Forrest on 5/10/2017) (jwh)
May 6, 2017 Filing 1236 LETTER addressed to Judge Katherine B. Forrest from Larry K. DeMeo, Esq. dated 05/06/2017 re: Stolt's dismissal of claims against Deltech Europe and withdrawal of opposition to Deltech Europe's motion for summary judgment. Document filed by Deltech Corporation.(Demeo, Lawrence)
May 5, 2017 Filing 1235 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated May 5, 2017 re: Bulkhaul settlement and related motions. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
May 4, 2017 Filing 1234 MEMO ENDORSEMENT on #1233 LETTER; terminating #969 Motion for Summary Judgment; terminating #1025 Motion in Limine. ENDORSEMENT: The Clerk of Court shall terminate the motions at ECF No. 969 and 1025. (Signed by Judge Katherine B. Forrest on 5/4/2017) (kgo)
May 3, 2017 Filing 1233 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated 05/03/2017 re: Settlement of claims against Monsanto mooting Monsanto's pending motions. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
May 1, 2017 Filing 1232 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated May 1, 2017 re: anticipated Stipulation regarding withdrawal of oppositions to certain Stolt's motions in limine. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
May 1, 2017 Opinion or Order Filing 1231 ORDER: The Court has received an inquiry regarding the proper format for submission of expert trial testimony. Expert testimony should be submitted via declaration, not reports. The declaration should be in the form of direct testimony of the witness as he or she would testify at trial; thus, it may well be organized differently and present a different level of detail from the expert's report. Should the parties have further questions, the Court can try to arrange for a teleconference. (Signed by Judge Katherine B. Forrest on 5/1/2017) (ap)
April 28, 2017 Filing 1230 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated April 28, 2017 re: response to Doc. 1228. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
April 28, 2017 Filing 1229 LETTER addressed to Judge Katherine B. Forrest from John J. Sullivan, Esq. dated 4/28/2017 re: MV MSC FLAMINIA. Document filed by Hill Rivkins Cargo Claimants.(Sullivan, John)
April 28, 2017 Filing 1228 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated April 28, 2017 re: response to Doc. 1225. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
April 27, 2017 Filing 1227 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated 4/27/2017 re: Status Report filed by Chemtura. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
April 27, 2017 Filing 1226 LETTER addressed to Judge Katherine B. Forrest from Lizabeth L. Burrell dated April 27, 2017 re: Status of Mosanto Company's Summary Judgment and Daubert Motions. Document filed by Monsanto Company.(Burrell, Lizabeth)
April 26, 2017 Filing 1225 STATUS REPORT. In Response to Court's Order (Doc. No. 1217) Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC.(Knight, Peter)
April 26, 2017 Filing 1224 STATUS REPORT. Replacement Letter for inaccurate Letter filed as Docket #1223 that provides the Stauts of the Settlement between Deltech-Stolt-BASF-Suttons required by Docket #1217 Document filed by Deltech Corporation.(Perrone, Joseph)
April 26, 2017 Filing 1223 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #1224) - STATUS REPORT. Advising of Status of Deltech-Stolt-BASF-Suttons Settlement Required by Docket #1217 Document filed by Deltech Corporation.(Perrone, Joseph) Modified on 5/2/2017 (ldi).
April 21, 2017 Filing 1222 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated April 21, 2017 re: status update. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
April 19, 2017 Filing 1221 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti dated 4/19/17 re: Responding to the Courts April 18, 2017 endorsement (Dkt. 1218) on MSCs April 13, 2017 letter. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
April 18, 2017 Filing 1220 REPLY AFFIRMATION of Joseph J Perrone, Esq. in Support re: #957 MOTION for Summary Judgment .. Document filed by Deltech Europe Ltd.. (Attachments: #1 Exhibit Ex 49, #2 Exhibit Ex 50, #3 Exhibit Ex 51, #4 Exhibit Ex 52, #5 Exhibit Ex 53, #6 Exhibit Ex 54)(Perrone, Joseph)
April 18, 2017 Filing 1219 REPLY MEMORANDUM OF LAW in Opposition re: #957 MOTION for Summary Judgment . . Document filed by Deltech Europe Ltd.. (Attachments: #1 Affidavit Declaration of Service)(Perrone, Joseph)
April 17, 2017 Opinion or Order Filing 1218 MEMO ENDORSEMENT on re: (1214 in 1:12-cv-08892-KBF) Letter re: replying to Stolt's letter dated 4/12/2017 filed by MSC Mediterranean Shipping Company S.A. ENDORSEMENT: Ordered: I am not sure I need more briefing on this issue, but to allow Stolt and MSC to put forth their positions fully, this Court will allow Stolt to file a not-more-than 5 page submission by 4/20 and response by MSC by 4/24. (Signed by Judge Katherine B. Forrest on 4/17/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(cla)
April 17, 2017 Opinion or Order Filing 1217 ORDER: Two recent filings in this matter indicate that there may be settlement discussions among certain parties that may moot certain pending motions. (See ECF Nos. 1197, 1202.) It is important for the appropriate allocation of judicial resources that the Court understand the status of such discussions and the likelihood that they will resolve any pending motions. The parties implicated in the letters at ECF Nos. 1197 and 1202 are hereby directed to file a letter on the docket not later than 5:00 p.m. on Wednesday, April 26, 2017, updating the Court on the status of such discussions. As resolving the numerous pending motions requires a significant amount of judicial resources, if other parties are in similar discussions that may moot a motion or motions, they are hereby directed to inform the Court immediately. If the information this order directs the parties to share with the Court should not be made public, the parties may provide the information via email to chambers at forrestnysdchambers@nysd.uscourts.gov or by joint telephone call to the Court's clerk at 212-805-0276. (Signed by Judge Katherine B. Forrest on 4/17/2017) (cla)
April 17, 2017 Opinion or Order Filing 1216 STIPULATION REGARDING WITHDRAWAL AND SUBSTITUTION OF CERTAIN COUNSEL FOR SUTTONS: IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: Brian Brenner, Esq. who has previously entered appearances in this matter on behalf of Suttons International Ltd. and Suttons International (N.A.) Inc. (together "Suttons") is no longer employed by the law firm of Clark, Atcheson & Reisert and, therefore to the extent he has entered an appearance on behalf of Suttons on the docket in this lead action (12 Civ. 8892) or on behalf of Suttons on the docket of any of the related actions consolidated into these proceedings pursuant to the consolidation orders entered by the Hon. Thomas P. Griesa, USDJ, on May 1, 2013 (ECF Dkt. 109) and the Hon. Alison J. Nathan, USDJ, on October 30, 2013 (ECF Dkt. 317) (which include the actions bearing the Index Nos. 12 Civ. 6349, 13 Civ. 5264, 13 Civ. 1610 and 14 Civ. 467). such appearances of Brian Brenner, Esq. shall be substituted with appearances on behalf of Suttons by Peter D. Clark, Esq. shall be substituted with appearances on behalf of Suttons by Peter D. Clark, Esq. and Richard J. Reisert, Esq. of the law firm of Clark, Atcheson & Reisert, existing counsel for Suttons. (Attorney Brian Brenner terminated.) (Signed by Judge Katherine B. Forrest on 4/17/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(cla)
April 13, 2017 Filing 1215 LETTER addressed to Judge Katherine B. Forrest from Richard J. Reisert dated April 13, 2017 re: Withdrawal and Substitution of Counsel. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. (Attachments: #1 Stipulation Regarding Withdrawal and Substitution of Certain Counsel for Suttons)(Reisert, Richard)
April 13, 2017 Filing 1214 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated 4/13/2017 re: replying to Stolt's letter dated 4/12/2017. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
April 12, 2017 Opinion or Order Filing 1213 MEMO ENDORSEMENT on re: #1202 LETTER addressed to Judge Katherine B. Forrest from Joseph J Perrone, Esq. dated 4/11/17 re: Settlement Bewteen Deltech & Stolt and BASF & Suttons. Document filed by Deltech Corporation. ENDORSEMENT: Ordered. The Court will hold these motions in abeyance for one week. After that, the Court has to make progress on resolving them in light fo the upcoming trial. (Signed by Judge Katherine B. Forrest on 4/12/2017) (rjm)
April 12, 2017 Filing 1212 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated April 12, 2017 re: Request for supplemental briefing concerning MSC's summary judgment motion. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
April 11, 2017 Filing 1211 RESPONSE re: #1147 Response in Opposition to Motion -Response to 56.1 Counter Statement. Document filed by Monsanto Company. (Burrell, Lizabeth)
April 11, 2017 Filing 1210 REPLY MEMORANDUM OF LAW in Support re: #969 MOTION for Summary Judgment . . Document filed by Monsanto Company. (Burrell, Lizabeth)
April 11, 2017 Filing 1209 RESPONSE re: #1142 Counter Statement to Rule 56.1 . Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd.. (Skoufalos, Peter)
April 11, 2017 Filing 1208 REPLY MEMORANDUM OF LAW in Support re: #962 MOTION for Summary Judgment . . Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd.. (Skoufalos, Peter)
April 11, 2017 Filing 1207 RESPONSE re: #1141 Counter Statement to Rule 56.1 . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
April 11, 2017 Filing 1206 REPLY MEMORANDUM OF LAW in Support re: #942 MOTION for Summary Judgment . . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
April 11, 2017 Filing 1205 DECLARATION of John A.V. Nicoletti in Support re: #944 MOTION for Summary Judgment .. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit Breaux transcript, #2 Exhibit sea waybills, #3 Exhibit Gonzalez transcript excerpts, #4 Exhibit Deaton transcript excerpts, #5 Exhibit MSDSs, #6 Exhibit BDP website printout)(Nicoletti, John)
April 11, 2017 Filing 1204 REPLY MEMORANDUM OF LAW in Support re: #944 MOTION for Summary Judgment . . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
April 11, 2017 Filing 1202 LETTER addressed to Judge Katherine B. Forrest from Joseph J Perrone, Esq. dated 4/11/17 re: Settlement Bewteen Deltech & Stolt and BASF & Suttons. Document filed by Deltech Corporation.(Perrone, Joseph)
April 11, 2017 Filing 1201 MEMO ENDORSEMENT on re: (1197 in 1:12-cv-08892-KBF) Letter filed by Hill Rivkins Cargo Claimants. ENDORSEMENT: The Cargo Claimants may withdraw their Dauberts, and (if the matter does not settle) save and use any points made for cross-examinations (I recommend this course of action) or the Court will need to resolve them. I can't hold matters in abeyance unless you tell me you have a settlement, in which case I will terminate the claims associated with the settlement. The schedule is just too tight. (Signed by Judge Katherine B. Forrest on 4/11/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF. (ras) Modified on 4/11/2017 (ras). Modified on 4/18/2017 (ras).
April 10, 2017 Filing 1200 LETTER addressed to Judge Katherine B. Forrest from John J. Sullivan, Esq. dated 4/10/2017 re: MSC Flaminia. Document filed by Hill Rivkins Cargo Claimants.(Sullivan, John)
April 10, 2017 Filing 1199 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated April 10, 2017 re: cargo interests' letter request for a stay - dckt no. 1197. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
April 10, 2017 Filing 1198 LETTER addressed to Judge Katherine B. Forrest from Edward P. Flood dated 4/10/2017 re: cargo claimants' request for a stay. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
April 7, 2017 Filing 1197 LETTER addressed to Judge Katherine B. Forrest from John J. Sullivan, Esq. dated 4/7/2017 re: In Re M.V. MSC FLAMINIA. Document filed by Hill Rivkins Cargo Claimants.(Sullivan, John)
April 7, 2017 Filing 1196 REPLY MEMORANDUM OF LAW in Support re: #973 MOTION for Summary Judgment . . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
April 7, 2017 Filing 1195 REPLY MEMORANDUM OF LAW in Support re: #973 MOTION for Summary Judgment . . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
April 7, 2017 Filing 1194 DECLARATION of Eugene J. O'Connor in Opposition re: #1163 MOTION to Strike Document No. [1082, 1088, 1095] .. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit 1 - Walker deposition transcript, #2 Exhibit 2 - excerpts from NFPA 921, #3 Errata 3 - Wadsworth rebuttal report)(Semenoro, Timothy)
April 7, 2017 Filing 1193 MEMORANDUM OF LAW in Opposition re: #1163 MOTION to Strike Document No. [1082, 1088, 1095] . . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
April 7, 2017 Opinion or Order Filing 1192 MEMO ENDORSEMENT on re: #1183 Letter re: page limit extension request for Stolt's Reply to BDP's Opposition to Stolt's Summary Judgment Motion, filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/7/2017) (cla)
April 6, 2017 Opinion or Order Filing 1191 ORDER granting #1184 Letter Motion for Extension of Time to File Response/Reply. Given the tightness of the upcoming schedule, the Court grants a one-week extension only. SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/6/2017) (anc)
April 6, 2017 Opinion or Order Filing 1190 ORDER granting #1189 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/6/2017) (anc)
April 6, 2017 Filing 1189 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Peter R. Knight dated April 6, 2017. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC.(Knight, Peter)
April 6, 2017 Opinion or Order Filing 1188 ORDER granting #1186 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/6/2017) (cla)
April 6, 2017 Opinion or Order Filing 1187 MEMO ENDORSEMENT on re: (1185 in case 1:12-cv-06349-KBF) Letter Reply to Response to Motion; granting (1181 in case 1:12-cv-06349-KBF) Letter Motion for Leave to File Excess Pages. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 4/6/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (cla)
April 6, 2017 Filing 1186 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Peter Skoufalos dated April 6, 2017. Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd..(Skoufalos, Peter)
April 6, 2017 Filing 1185 LETTER REPLY to Response to Motion addressed to Judge Katherine B. Forrest from Edward P. Flood dated 4/6/2017 re: #1181 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Edward P. Flood dated 4/5/2017. . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
April 5, 2017 Filing 1184 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #957 MOTION for Summary Judgment . addressed to Judge Katherine B. Forrest from Matthew M. Gorden, Esq. dated April 5, 2017. Document filed by Deltech Corporation, Deltech Europe Ltd..(Gorden, Matthew)
April 5, 2017 Filing 1183 LETTER addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated April 5, 2017 re: page limit extension request for Stolt's Reply to BDP's Opposition to Stolt's Summary Judgment Motion. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
April 5, 2017 Filing 1182 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from John J. Sullivan dated April 5, 2017 re: #1181 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Edward P. Flood dated 4/5/2017. . Document filed by Hill Rivkins Cargo Claimants. (Leland, Kipp)
April 5, 2017 Filing 1181 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Edward P. Flood dated 4/5/2017. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
March 31, 2017 Filing 1203 STIPULATION OF DISCONTINUANCE: IT IS STIPULATED AND AGREED AS FOLLOWS: Suttons' crossclaims against Bulkhaul are hereby dismissed with prejudice; and all other claims, including all cross claims and counterclaims, asserted by Suttons and Bullkhaul against all other parties shall remain in effect. (Bulkhaul (USA) Inc. and Bulkhaul Ltd. terminated.) (Signed by Judge Katherine B. Forrest on 3/31/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(cla)
March 31, 2017 Opinion or Order Filing 1180 MEMO ENDORSEMENT on re: #1179 Letter re: Stipulation Re Counsel Appearances and Withdrawal of One Claim, filed by Hill Rivkins Cargo Claimants. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/31/2017) (cla)
March 30, 2017 Filing 1179 LETTER addressed to Judge Katherine B. Forrest from KIPP LELAND dated March 30, 2017 re: Stipulation Re Counsel Appearances and Withdrawal of One Claim. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Stipulation)(Leland, Kipp)
March 28, 2017 Filing 1178 STIPULATION OF DISCONTINUANCE: Suttons' crossclaims against Chemtura are hereby dismissed with prejudice. Chemtura's crossclaims against Suttons are hereby dismissed with prejudice. All other claims, including all crossclaims and counterclaims, asserted by Suttons and Chemtura shall remain in effect. (Signed by Judge Katherine B. Forrest on 3/28/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(tro)
March 24, 2017 Filing 1177 REPLY AFFIDAVIT of Peter Knight in Support re: #1068 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski.. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Knight, Peter)
March 24, 2017 Filing 1176 REPLY MEMORANDUM OF LAW in Support re: #1068 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski. . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
March 24, 2017 Filing 1175 DECLARATION of Lawrence K. DeMeo in Support re: #1058 MOTION to Disqualify Joseph V. Porcelli.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit A)(Demeo, Lawrence)
March 24, 2017 Filing 1174 REPLY MEMORANDUM OF LAW in Support re: #1058 MOTION to Disqualify Joseph V. Porcelli. . Document filed by Deltech Corporation. (Demeo, Lawrence)
March 24, 2017 Filing 1173 DECLARATION of Lawrence K. DeMeo in Support re: #1059 MOTION to Disqualify Paul Beeley, Ph.D., an Expert for MSC.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit Exhibit A - Part 1, #2 Exhibit Exhibit A - Part 2, #3 Exhibit Exhibit A - Part 3, #4 Exhibit Exhibit A - Part 4, #5 Exhibit Exhibit A - Part 5, #6 Exhibit Exhibit A - Part 6, #7 Exhibit Exhibit A - Part 7, #8 Exhibit Exhibit A - Part 8, #9 Exhibit Exhibit A - Part 9, #10 Exhibit Exhibit A - Part 10, #11 Exhibit Exhibit A - Part 11, #12 Exhibit Exhibit B - Part 1, #13 Exhibit Exhibit B - Part 2, #14 Exhibit Exhibit B - Part 3, #15 Exhibit Exhibit B - Part 4, #16 Exhibit Exhibit B - Part 5, #17 Exhibit Exhibit B - Part 6, #18 Exhibit Exhibit B - Part 7, #19 Exhibit Exhibit B - Part 8, #20 Exhibit Exhibit B - Part, #21 Exhibit Exhibit B - Part 10, #22 Exhibit Exhibit B - Part 11, #23 Exhibit Exhibit B - Part 12, #24 Exhibit Exhibit B - Part 13, #25 Exhibit Exhibit B - Part 14, #26 Exhibit Exhibit C - Part 1, #27 Exhibit Exhibit C - Part 2, #28 Exhibit Exhibit C - Part 3, #29 Exhibit Exhibit D - Part 1, #30 Exhibit Exhibit D - Part 2, #31 Exhibit Exhibit D - Part 3, #32 Exhibit Exhibit D - Part 4, #33 Exhibit Exhibit E - Part 1, #34 Exhibit Exhibit E - Part 2, #35 Exhibit Exhibit F, #36 Exhibit Exhibit G, #37 Exhibit Exhibit H - Part 1, #38 Exhibit Exhibit H - Part 2, #39 Exhibit Exhibit I, #40 Exhibit Exhibit J, #41 Exhibit Exhibit K, #42 Exhibit Exhibit L, #43 Exhibit Exhibit M)(Demeo, Lawrence)
March 24, 2017 Filing 1172 REPLY MEMORANDUM OF LAW in Support re: #1059 MOTION to Disqualify Paul Beeley, Ph.D., an Expert for MSC. . Document filed by Deltech Corporation. (Demeo, Lawrence)
March 24, 2017 Filing 1171 REPLY MEMORANDUM OF LAW in Support re: #1053 MOTION to Disqualify David A. Robbins. . Document filed by Deltech Corporation. (Demeo, Lawrence)
March 24, 2017 Filing 1170 DECLARATION of Emily S. Munson in Support re: #1025 MOTION in Limine For Order Excluding Evidence Of Testing By Bradley E. Krantz And Opinions Of Scott G. Davis And Kelly L. Wouters Based On That Testing.. Document filed by Monsanto Company. (Attachments: #1 Exhibit -1-Expert Report of Bradley D. Krantz, #2 Exhibit -2-Excerpts of Deposition of Bradley D. Krantz, #3 Exhibit -3-Excerpts of Deposition of David W. Peters, #4 Exhibit -4-Report Number MSL-14479 by David R. Eaton, #5 Exhibit -5-Excerpts of Deposition of Scott G. Davis, #6 Exhibit -6, Part 1-Rebuttal Expert Report of Scott G. Davis, #7 Exhibit -6, Part 2-Rebuttal Expert Report of Scott G. Davis)(Burrell, Lizabeth)
March 24, 2017 Filing 1169 REPLY MEMORANDUM OF LAW in Support re: #1025 MOTION in Limine For Order Excluding Evidence Of Testing By Bradley E. Krantz And Opinions Of Scott G. Davis And Kelly L. Wouters Based On That Testing. . Document filed by Monsanto Company. (Burrell, Lizabeth)
March 24, 2017 Filing 1168 DECLARATION of Eugene J. O'Connor in Support re: #1046 MOTION to Disqualify certain opinions regarding fire fighting.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit Rosen statement July 20 2012, #2 Exhibit Rosen statement July 18 2012)(Semenoro, Timothy)
March 24, 2017 Filing 1167 REPLY MEMORANDUM OF LAW in Support re: #1046 MOTION to Disqualify certain opinions regarding fire fighting. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
March 24, 2017 Filing 1166 REPLY MEMORANDUM OF LAW in Support re: #1052 MOTION to Disqualify certain expert testimony regarding pre-existing fire. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
March 24, 2017 Filing 1165 REPLY MEMORANDUM OF LAW in Support re: #1043 MOTION to Disqualify S. Gregory Borossay. . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
March 24, 2017 Filing 1164 MEMORANDUM OF LAW in Support re: #1163 MOTION to Strike Document No. [1082, 1088, 1095] . . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 24, 2017 Filing 1163 MOTION to Strike Document No. [1082, 1088, 1095] . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
March 24, 2017 Filing 1162 REPLY MEMORANDUM OF LAW in Support re: #1000 MOTION to Disqualify Joseph Porcelli. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 24, 2017 Filing 1161 DECLARATION of KIPP CHARLES LELAND in Support re: #1016 MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. David Gossman 1 Exhibit K - Wouters Deposition Excerpts, #2 Exhibit L - Davis Deposition Excerpts, #3 Exhibit M - NFPA 921 Excerpts, #4 Exhibit N - Gossman Deposition Excerpts, #5 Exhibit O - Davis Rebuttal Report Excerpts, #6 Exhibit P - Prabhakaran Deposition Excerpts)(Leland, Kipp)
March 24, 2017 Filing 1160 REPLY MEMORANDUM OF LAW in Support re: #1016 MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. David Gossman . Document filed by Hill Rivkins Cargo Claimants. (Leland, Kipp)
March 24, 2017 Filing 1159 REPLY MEMORANDUM OF LAW in Support re: #1009 MOTION to Disqualify David Robbins, Ian Wadsworth, John Fuller and Edward Hammersley. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 24, 2017 Filing 1158 REPLY MEMORANDUM OF LAW in Support re: #1017 MOTION to Disqualify David Hughes., #1026 MOTION to Disqualify Michael Daum., #1037 MOTION to Disqualify Paul Beeley., #1034 MOTION to Disqualify Brian Ott., #1013 MOTION to Disqualify Robert A. Richard., #1030 MOTION to Disqualify Robert F. Ahlborn. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 24, 2017 Opinion or Order Filing 1157 MEMO ENDORSEMENT on re: #1152 Letter re: request leave for 5 additional pages in reply memorandum of law, filed by NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG, CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/24/2017) (cla)
March 24, 2017 Filing 1156 REPLY MEMORANDUM OF LAW in Support re: #1020 MOTION to Disqualify John Walker. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 24, 2017 Filing 1155 REPLY MEMORANDUM OF LAW in Support re: #1006 MOTION to Disqualify Steven Hunt. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 24, 2017 Filing 1154 REPLY MEMORANDUM OF LAW in Support re: #1003 MOTION to Disqualify John Cayias and Daniel DellaSalla. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 24, 2017 Filing 1153 REPLY MEMORANDUM OF LAW in Support re: #1048 MOTION to Disqualify Bill Brassington. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 23, 2017 Filing 1152 LETTER addressed to Judge Katherine B. Forrest from Timothy Semenoro dated March 23, 2017 re: request leave for 5 additional pages in reply memorandum of law. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
March 20, 2017 Filing 1151 DECLARATION of James W Johnson in Opposition re: #1130 Response in Opposition to Motion. Document filed by BDP International, Inc.. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-R, #4 Exhibit S (1), #5 Exhibit S (2), #6 Exhibit T-U, #7 Exhibit V-AA)(Johnson, James)
March 17, 2017 Filing 1150 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Lawrence K. DeMeo, Esq. (2) in Opposition re: #962 MOTION for Summary Judgment ., #942 MOTION for Summary Judgment .. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 48, #2 Exhibit 49, #3 Exhibit 50, #4 Exhibit 51, #5 Exhibit 52, #6 Exhibit 53, #7 Exhibit 54(1), #8 Exhibit 54(2), #9 Exhibit 54(3), #10 Exhibit 55, #11 Exhibit 56, #12 Exhibit 57, #13 Exhibit 58, #14 Exhibit 59, #15 Exhibit 60, #16 Exhibit 61, #17 Exhibit 62, #18 Exhibit 63, #19 Exhibit 64, #20 Exhibit 65, #21 Exhibit 66, #22 Exhibit 67, #23 Exhibit 68, #24 Exhibit 69, #25 Exhibit 70(1), #26 Exhibit 70(2), #27 Exhibit 71, #28 Exhibit 72(1), #29 Exhibit 72(2), #30 Exhibit 73, #31 Exhibit 74, #32 Exhibit 75, #33 Exhibit 76, #34 Exhibit 77, #35 Exhibit 78, #36 Exhibit 79, #37 Exhibit 80, #38 Exhibit 81, #39 Exhibit 82, #40 Exhibit 83)(Demeo, Lawrence) Modified on 3/21/2017 (db).
March 17, 2017 Filing 1149 DECLARATION of Lawrence K. DeMeo, Esq. in Opposition re: #962 MOTION for Summary Judgment ., #942 MOTION for Summary Judgment .. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19(1), #20 Exhibit 19(2), #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47)(Demeo, Lawrence)
March 17, 2017 Filing 1148 DECLARATION of Joseph J Perrone, Esq. in Opposition re: #969 MOTION for Summary Judgment .. Document filed by Deltech Corporation. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E, #6 Exhibit Ex F, #7 Exhibit Ex G, #8 Exhibit Ex H, #9 Exhibit Ex I, #10 Exhibit Ex J, #11 Exhibit Ex K, #12 Exhibit Ex L, #13 Exhibit Ex M, #14 Exhibit Ex N, #15 Exhibit Ex O, #16 Exhibit Ex P, #17 Exhibit Ex Q, #18 Exhibit Ex R, #19 Exhibit Ex S, #20 Exhibit Ex T, #21 Exhibit Ex U, #22 Exhibit Ex V, #23 Exhibit Ex W, #24 Exhibit Ex X, #25 Exhibit Ex Y, #26 Exhibit Ex Z, #27 Exhibit Ex AA, #28 Exhibit Ex BB, #29 Exhibit Ex CC, #30 Exhibit Ex DD, #31 Exhibit Ex EE)(Perrone, Joseph)
March 17, 2017 Filing 1147 RESPONSE in Opposition to Motion re: #969 MOTION for Summary Judgment . 56.1 Response and Counterstatement of Facts. Document filed by Deltech Corporation. (Perrone, Joseph)
March 17, 2017 Filing 1146 MEMORANDUM OF LAW in Opposition re: #969 MOTION for Summary Judgment . . Document filed by Deltech Corporation. (Attachments: #1 Affidavit Declaration of Service)(Perrone, Joseph)
March 17, 2017 Filing 1145 DECLARATION of Joseph J Perrone, Esq. in Opposition re: #973 MOTION for Summary Judgment .. Document filed by Deltech Corporation. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E, #6 Exhibit Ex F, #7 Exhibit Ex G, #8 Exhibit Ex H, #9 Exhibit Ex I, #10 Exhibit Ex J, #11 Exhibit Ex K, #12 Exhibit Ex L, #13 Exhibit Ex M, #14 Exhibit Ex N, #15 Exhibit Ex O, #16 Exhibit Ex P, #17 Exhibit Ex Q, #18 Exhibit Ex R, #19 Exhibit Ex S, #20 Exhibit Ex T Pt-1, #21 Exhibit Ex T Pt-2, #22 Exhibit Ex T Pt-3, #23 Exhibit Ex U, #24 Exhibit Ex V, #25 Exhibit Ex W Pt-1, #26 Exhibit Ex W Pt-2, #27 Exhibit Ex X, #28 Exhibit Ex Y Pt-1, #29 Exhibit Ex Y Pt-2, #30 Exhibit Ex Z, #31 Exhibit Ex AA, #32 Exhibit Ex BB, #33 Exhibit EX BB Pt-1, #34 Exhibit EX BB Pt-2, #35 Exhibit Ex BB Pt-3, #36 Exhibit Ex BB Pt-4, #37 Exhibit Ex BB Pt-5, #38 Exhibit Ex BB Pt-6, #39 Exhibit Ex BB Pt-7, #40 Exhibit EX BB Pt-8, #41 Exhibit Ex CC, #42 Exhibit Ex DD, #43 Exhibit Ex EE, #44 Exhibit Ex FF, #45 Exhibit Ex GG, #46 Exhibit Ex HH, #47 Exhibit Ex II, #48 Exhibit Ex JJ, #49 Exhibit Ex KK, #50 Exhibit Ex LL, #51 Exhibit Ex MM, #52 Exhibit Ex NN, #53 Exhibit EX OO, #54 Exhibit Ex PP, #55 Exhibit EX QQ, #56 Exhibit Ex RR)(Perrone, Joseph)
March 17, 2017 Filing 1144 RESPONSE in Opposition to Motion re: #973 MOTION for Summary Judgment . LR 56.1 Response and Counterstatement of Facts. Document filed by Deltech Corporation. (Perrone, Joseph)
March 17, 2017 Filing 1143 MEMORANDUM OF LAW in Opposition re: #973 MOTION for Summary Judgment . . Document filed by Deltech Corporation. (Attachments: #1 Affidavit Declaration of Service)(Perrone, Joseph)
March 17, 2017 Filing 1142 COUNTER STATEMENT TO #964 Rule 56.1 Statement. Document filed by Deltech Corporation. (Demeo, Lawrence)
March 17, 2017 Filing 1141 COUNTER STATEMENT TO #986 Rule 56.1 Statement. Document filed by Deltech Corporation. (Demeo, Lawrence)
March 17, 2017 Filing 1140 MEMORANDUM OF LAW in Opposition re: #962 MOTION for Summary Judgment ., #942 MOTION for Summary Judgment . . Document filed by Deltech Corporation. (Demeo, Lawrence)
March 17, 2017 Filing 1139 DECLARATION of Kipp Charles Leland in Opposition re: #969 MOTION for Summary Judgment ., #962 MOTION for Summary Judgment ., #950 MOTION for Summary Judgment ., #942 MOTION for Summary Judgment ., #949 MOTION for Summary Judgment ., #973 MOTION for Summary Judgment ., #944 MOTION for Summary Judgment ., #957 MOTION for Summary Judgment .. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit A - DVB Bills of Lading without additional terms, #2 Exhibit B - IMDG Code Excerpts, #3 Exhibit C - Excerpts from Main Report of Steven Hunt, #4 Exhibit D - Carriage of Goods by Sea Act, 49 Stat. 1207 (1936), #5 Exhibit E - Main Report of Frits Wybenga, Expert Witness on behalf of Deltech, #6 Exhibit F - Excerpts from Rebuttal Report of Frits Wybenga, Expert Witness on behalf of Deltech, #7 Exhibit G - Excerpts from 30(b)(6) deposition testimony of MSC by Christopher Downey, #8 Exhibit H - Excerpts from the deposition testimony of Dirk Vande Velde, Vol. 1, #9 Exhibit I - Excerpts from the deposition testimony of Dirk Vande Velde, Vol. 2, #10 Exhibit J - Excerpts from the 30(b)(6) deposition testimony of MSC by Capt. Dean Kutz, #11 Exhibit K - Excerpts from the deposition testimony of Frits Wybenga, #12 Exhibit L - Excerpts from the deposition testimony of S. Gregory Borossay, #13 Exhibit M - Excerpts from the deposition testimony of Christopher Downey)(Leland, Kipp)
March 17, 2017 Filing 1138 COUNTER STATEMENT TO #974 Rule 56.1 Statement, #986 Rule 56.1 Statement, #964 Rule 56.1 Statement. Document filed by Hill Rivkins Cargo Claimants. (Leland, Kipp)
March 17, 2017 Filing 1137 MEMORANDUM OF LAW in Opposition re: #949 MOTION for Summary Judgment ., #969 MOTION for Summary Judgment ., #962 MOTION for Summary Judgment ., #973 MOTION for Summary Judgment ., #950 MOTION for Summary Judgment ., #944 MOTION for Summary Judgment ., #957 MOTION for Summary Judgment ., #942 MOTION for Summary Judgment . . Document filed by Hill Rivkins Cargo Claimants. (Leland, Kipp)
March 17, 2017 Filing 1136 CERTIFICATE OF SERVICE of Brief in Opposition served on counsel on 03/17/2017. Document filed by BDP International, Inc.. (Johnson, James)
March 17, 2017 Filing 1135 DECLARATION of James W. Johnson in Opposition re: #1130 Response in Opposition to Motion. Document filed by BDP International, Inc.. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-R, #4 Exhibit S (1), #5 Exhibit S (2), #6 Exhibit T-U, #7 Exhibit V-AA)(Johnson, James)
March 17, 2017 Filing 1134 DECLARATION of John A.V. Nicoletti in Opposition re: #957 MOTION for Summary Judgment .. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit RE Tr. excerpts, #2 Exhibit Ex. 1072 (filed under seal), #3 Exhibit AC Tr. excerpts, #4 Exhibit CS Tr. excerpts, #5 Exhibit EF Tr. excerpts, #6 Exhibit WS Tr. excerpts, #7 Exhibit Ex. 266, #8 Exhibit Ex. 269, #9 Exhibit Ex. 1006, #10 Exhibit Ex. 1008, #11 Exhibit Ex. 1016, #12 Exhibit Ex. 1033, #13 Exhibit Ex. 1034, #14 Exhibit Ex. 1035, #15 Exhibit Ex. 1017, #16 Exhibit Ex. 1036, #17 Exhibit EB Tr. excerpts, #18 Exhibit Stolt production documents, #19 Exhibit AM Tr. excerpts, #20 Exhibit DH Tr. excerpts, #21 Exhibit ZL Tr. excerpts, #22 Exhibit Ex. 184, #23 Exhibit Ex. 173 (filed under seal), #24 Exhibit HK Tr. excerpts, #25 Exhibit GG Tr. excerpts, #26 Exhibit TH Tr. excerpts, #27 Exhibit Ex. 185, #28 Exhibit Ex. 1022, #29 Exhibit Ex. 276 (filed under seal), #30 Exhibit Ex. 1031, #31 Exhibit Ex. 192, #32 Exhibit Ex. 1040, #33 Exhibit Ex. 216, #34 Exhibit Ex. 420, #35 Exhibit As Tr. excerpts)(Nicoletti, John) Modified on 3/21/2017 (db). Modified on 3/22/2017 (ldi).
March 17, 2017 Filing 1133 MEMORANDUM OF LAW in Support re: #1132 MOTION to Strike Document No. #974 LR 56.1 Statement of MSC. . Document filed by Deltech Corporation. (Perrone, Joseph)
March 17, 2017 Filing 1132 MOTION to Strike Document No. #974 LR 56.1 Statement of MSC. Document filed by Deltech Corporation. (Attachments: #1 Affidavit Declaration of Service)(Perrone, Joseph)
March 17, 2017 Filing 1131 COUNTER STATEMENT TO #946 Rule 56.1 Statement. Document filed by BDP International, Inc.. (Johnson, James)
March 17, 2017 Filing 1130 RESPONSE in Opposition to Motion re: #944 MOTION for Summary Judgment . . Document filed by BDP International, Inc.. (Johnson, James)
March 17, 2017 Filing 1129 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #1134) - DECLARATION of John A.V. Nicoletti in Opposition re: #957 MOTION for Summary Judgment .. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit RE Tr. excerpts, #2 Exhibit Ex. 1072 (filed under seal), #3 Exhibit AC Tr. excerpts, #4 Exhibit CS Tr. excerpts, #5 Exhibit EF Tr. excerpts, #6 Exhibit WS Tr. excerpts, #7 Exhibit Ex. 266, #8 Exhibit Ex. 269, #9 Exhibit Ex. 1006, #10 Exhibit Ex. 1008, #11 Exhibit Ex. 1016, #12 Exhibit Ex. 1033, #13 Exhibit Ex. 1034, #14 Exhibit Ex. 1035, #15 Exhibit Ex. 1036, #16 Exhibit EB Tr. excerpts, #17 Exhibit Stolt production documents, #18 Exhibit AM Tr. excerpts, #19 Exhibit DH Tr. excerpts, #20 Exhibit ZL Tr. excerpts, #21 Exhibit Ex. 184, #22 Exhibit Ex. 173 (filed under seal), #23 Exhibit HK Tr. excerpts, #24 Exhibit GG Tr. excerpts, #25 Exhibit TH Tr. excerpts, #26 Exhibit Ex. 185, #27 Exhibit Ex. 1022, #28 Exhibit Ex. 276 (filed under seal), #29 Exhibit Ex. 1031, #30 Exhibit Ex. 192, #31 Exhibit Ex. 1040, #32 Exhibit Ex. 216, #33 Exhibit Ex. 420, #34 Exhibit AS Tr. excerpts)(Nicoletti, John) Modified on 3/22/2017 (ldi).
March 17, 2017 Filing 1128 COUNTER STATEMENT TO #974 Rule 56.1 Statement. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 17, 2017 Filing 1127 SEALED DOCUMENT placed in vault.(mps)
March 17, 2017 Filing 1126 DECLARATION of John A.V. Nicoletti in Opposition re: #973 MOTION for Summary Judgment .. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit Ex. 522, #2 Exhibit VV Tr., #3 Exhibit VV Tr., #4 Exhibit Ex. 1055, #5 Exhibit Ex. 532 excerpts, #6 Exhibit Ex. 533, #7 Exhibit Ex. 534, #8 Exhibit Ex. 531, #9 Exhibit Ex. 535, #10 Exhibit Ex. 536, #11 Exhibit Ex. 1054, #12 Exhibit Ex. 71 - part 1, #13 Exhibit Ex. 72 - part 2, #14 Exhibit CS Tr. excerpts, #15 Exhibit Ex. 197 - part 1, #16 Exhibit Ex. 197 - part 2, #17 Exhibit Ex. 1147, #18 Exhibit Ex. 540 - part 1, #19 Exhibit Ex. 540 - part 2, #20 Exhibit Ex. 65A, #21 Exhibit Borossay Report, #22 Exhibit KG Tr. excerpts, #23 Exhibit JP Tr. excerpts, #24 Exhibit DK Tr. excerpts, #25 Exhibit CB Tr. excerpts, #26 Exhibit RP Tr. excerpts, #27 Exhibit Ex. 133, #28 Exhibit Ex. 134, #29 Exhibit Ex. 638 - part 1, #30 Exhibit Ex. 638 - part 2, #31 Exhibit Ex. 638 - part 3, #32 Exhibit Ex. 126, #33 Exhibit CD Tr. excerpts, #34 Exhibit Excerpts from expert reports, #35 Exhibit BSU Report excerpts, #36 Exhibit Ex. 46, #37 Exhibit MSC Sea Waybill Terms and Conditions, #38 Exhibit Ex. 530, #39 Exhibit Exs. 86-88, #40 Exhibit RE Tr. excerpts, #41 Exhibit AS Tr. excerpts, #42 Exhibit STC production documents, #43 Exhibit MH Tr. excerpts, #44 Exhibit Ex. 1154, #45 Exhibit TB Tr. excerpts, #46 Exhibit Collection of safety data sheets)(Nicoletti, John)
March 17, 2017 Filing 1125 MEMORANDUM OF LAW in Opposition re: #973 MOTION for Summary Judgment . . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 17, 2017 Filing 1124 COUNTER STATEMENT TO #964 Rule 56.1 Statement. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". (Semenoro, Timothy)
March 17, 2017 Filing 1123 DECLARATION of Eugene J. O'Connor in Opposition re: #962 MOTION for Summary Judgment .. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". (Attachments: #1 Exhibit GA Adjuster Aug 8 2012 letter, #2 Exhibit MSC BL for Bulkhaul saved cargo, #3 Exhibit MSC Seaway Bill Terms, #4 Exhibit TT Club letter)(Semenoro, Timothy)
March 17, 2017 Filing 1122 MEMORANDUM OF LAW in Opposition re: #962 MOTION for Summary Judgment . . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA". (Semenoro, Timothy)
March 15, 2017 Opinion or Order Filing 1121 ORDER granting #1119 Letter Motion for Leave to File Excess Pages. So ordered. (Signed by Judge Katherine B. Forrest on 3/15/2017) (cla)
March 13, 2017 Set/Reset Deadlines: Responses due by 3/17/2017 Replies due by 4/11/2017. (mro)
March 13, 2017 Opinion or Order Filing 1120 ORDER terminating #1117 Letter Motion for Extension of Time; granting #1118 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/13/2017) (mro)
March 13, 2017 Filing 1119 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Lawrence K. DeMeo dated 03/13/2017. Document filed by Deltech Corporation.(Demeo, Lawrence)
March 13, 2017 Filing 1118 AMENDED LETTER MOTION for Extension of Time for Certain Filings addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated March 13, 2017. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
March 13, 2017 Filing 1117 CONSENT LETTER MOTION for Extension of Time for Certain Filings addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated March 13, 2017. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
March 10, 2017 Filing 1116 DECLARATION of Lawrence K. DeMeo in Opposition re: #1052 MOTION to Disqualify certain expert testimony regarding pre-existing fire.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J - Part 1, #11 Exhibit J - Part 2, #12 Exhibit J - Part 3, #13 Exhibit J - Part 4, #14 Exhibit J - Part 5, #15 Exhibit K - Part 1, #16 Exhibit K - Part 2, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O, #21 Exhibit P)(Demeo, Lawrence)
March 10, 2017 Filing 1115 MEMORANDUM OF LAW in Opposition re: #1052 MOTION to Disqualify certain expert testimony regarding pre-existing fire. . Document filed by Deltech Corporation. (Demeo, Lawrence)
March 10, 2017 Filing 1114 AFFIDAVIT of Deborah Kaminski in Opposition re: #1068 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski.. Document filed by Deltech Corporation. (Demeo, Lawrence)
March 10, 2017 Filing 1113 DECLARATION of Lawrence K. DeMeo in Opposition re: #1068 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Part 1, #5 Exhibit D - Part 2, #6 Exhibit E - Part 1, #7 Exhibit E - Part 2, #8 Exhibit E - Part 3, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T)(Demeo, Lawrence)
March 10, 2017 Filing 1112 MEMORANDUM OF LAW in Opposition re: #1068 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski. . Document filed by Deltech Corporation. (Demeo, Lawrence)
March 10, 2017 Filing 1111 DECLARATION of Lawrence K. DeMeo in Opposition re: #1025 MOTION in Limine For Order Excluding Evidence Of Testing By Bradley E. Krantz And Opinions Of Scott G. Davis And Kelly L. Wouters Based On That Testing.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Demeo, Lawrence)
March 10, 2017 Filing 1110 MEMORANDUM OF LAW in Opposition re: #1025 MOTION in Limine For Order Excluding Evidence Of Testing By Bradley E. Krantz And Opinions Of Scott G. Davis And Kelly L. Wouters Based On That Testing. . Document filed by Deltech Corporation. (Demeo, Lawrence)
March 10, 2017 Filing 1109 MEMORANDUM OF LAW in Opposition re: #1017 MOTION to Disqualify David Hughes., #1026 MOTION to Disqualify Michael Daum., #1037 MOTION to Disqualify Paul Beeley., #1034 MOTION to Disqualify Brian Ott., #1013 MOTION to Disqualify Robert A. Richard., #1030 MOTION to Disqualify Robert F. Ahlborn. . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
March 10, 2017 Filing 1108 DECLARATION of Edward P. Flood in Opposition re: #1026 MOTION to Disqualify Michael Daum., #1037 MOTION to Disqualify Paul Beeley., #1034 MOTION to Disqualify Brian Ott., #1013 MOTION to Disqualify Robert A. Richard., #1030 MOTION to Disqualify Robert F. Ahlborn., #1017 MOTION to Disqualify David Hughes.. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit A - Section 1.1.3.1 of the IMDG Code, #2 Exhibit B - Excerpts from deposition of Hans Fauske, #3 Exhibit C - Fauske Rebuttal Report, #4 Exhibit D - Deltech SADT Study, #5 Exhibit E - September 19, 2016 email)(Flood, Edward)
March 10, 2017 Filing 1107 MEMORANDUM OF LAW in Opposition re: #1059 MOTION to Disqualify Paul Beeley, Ph.D., an Expert for MSC. . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
March 10, 2017 Filing 1106 DECLARATION of Peter Skoufalos in Opposition re: #1046 MOTION to Disqualify certain opinions regarding fire fighting.. Document filed by Bulkhaul (USA) Inc., Bulkhaul Limited. (Attachments: #1 Exhibit A)(Skoufalos, Peter)
March 10, 2017 Filing 1105 MEMORANDUM OF LAW in Opposition re: #1046 MOTION to Disqualify certain opinions regarding fire fighting. . Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd.. (Skoufalos, Peter)
March 10, 2017 Filing 1104 DECLARATION of Peter Skoufalos in Opposition re: #1048 MOTION to Disqualify Bill Brassington.. Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd.. (Attachments: #1 Exhibit A)(Skoufalos, Peter)
March 10, 2017 Filing 1103 MEMORANDUM OF LAW in Opposition re: #1046 MOTION to Disqualify certain opinions regarding fire fighting. . Document filed by Cargo Claimants. (Attachments: #1 TAB A)(Carbin, James)
March 10, 2017 Filing 1102 MEMORANDUM OF LAW in Opposition re: #1048 MOTION to Disqualify Bill Brassington. . Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd.. (Skoufalos, Peter)
March 10, 2017 Filing 1101 DECLARATION of John A.V. Nicoletti, Esq. in Opposition re: #1052 MOTION to Disqualify certain expert testimony regarding pre-existing fire., #1040 MOTION to Preclude MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. D. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit Gossman Initial Report - PART 1, #2 Exhibit Gossman Initial Report - PART 2, #3 Exhibit Gossman Rebuttal Report, #4 Exhibit Gossman Deposition, #5 Exhibit PSI Initial Report (Samples_and_Assignment), #6 Exhibit PSI Initial Report (XRF_Report), #7 Exhibit PSI Initial Report (FTIR_Report), #8 Exhibit PSI Initial Report (OM_Report), #9 Exhibit PSI Initial Report (Reaction_Pairs), #10 Exhibit PSI Initial Report (Smoke_and_Sample_Preparation), #11 Exhibit PSI Initial Report (TGA_Report), #12 Exhibit PSI Initial Report (GC_Report), #13 Exhibit PSI Initial Report (SEM-EDS_Report), #14 Exhibit PSI Initial Report (DVB_Polymerizations_Report), #15 Exhibit PSI Rebuttal Report (Samples_and_Assignment-Revised), #16 Exhibit PSI Rebuttal Report (Additional_FTIR_Report), #17 Exhibit PSI Rebuttal Report (Revised_Smoke & Sample_Prep), #18 Exhibit PSI Rebuttal Report (Additional_Polymerizations_Report), #19 Exhibit PSI Rebuttal Report (Additonal_GC_Report), #20 Exhibit PSI Rebuttal Report (SEM_Report), #21 Exhibit PSI Rebuttal Report (DSC_Report), #22 Exhibit PSI Rebuttal Report (Density_Report), #23 Exhibit PSI Rebuttal Report (Evaluation of Analytical Data Sets))(Nicoletti, John)
March 10, 2017 Filing 1100 MEMORANDUM OF LAW in Opposition re: #1003 MOTION to Disqualify John Cayias and Daniel DellaSalla. . Document filed by Cargo Claimants. (Attachments: #1 TAB A)(Carbin, James)
March 10, 2017 Filing 1099 DECLARATION of KIPP CHARLES LELAND in Opposition re: #1046 MOTION to Disqualify certain opinions regarding fire fighting.. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit A - Cayias Main Report, #2 Exhibit B - Tortora Deposition Excerpts, #3 Exhibit C - Robbins Deposition Excerpts, #4 Exhibit D - Letter from Montgomery McCracken, August 23, 2016, #5 Exhibit E - Letter from James Carbin, July 27, 2016, #6 Exhibit F - Dehde Deposition Excerpts, #7 Exhibit G - Langer Deposition Excerpts, #8 Exhibit H - Tarnowski Deposition Excerpts, #9 Exhibit I - Casandra Deposition Excerpts, #10 Exhibit J - Remoroza Deposition Excerpts, #11 Exhibit K - Pokusa Deposition Excerpts, #12 Exhibit L - Walker Deposition Excerpts, #13 Exhibit M - Walker Main Report Part 1 of 3, #14 Exhibit M - Walker Main Report Part 2 of 3, #15 Exhibit M - Walker Main Report Part 3 of 3, #16 Exhibit N - DG Harmony Trial Transcript Excerpt, April 27, 2004, #17 Exhibit O - DG Harmony Trial Transcript Excerpt, May 4, 2004)(Leland, Kipp)
March 10, 2017 Filing 1098 MEMORANDUM OF LAW in Opposition re: #1046 MOTION to Disqualify certain opinions regarding fire fighting. . Document filed by Hill Rivkins Cargo Claimants. (Leland, Kipp)
March 10, 2017 Filing 1097 DECLARATION of KIPP CHARLES LELAND in Opposition re: #1003 MOTION to Disqualify John Cayias and Daniel DellaSalla.. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit A - Fluharty Deposition Excerpts, #2 Exhibit B - Davis Rebuttal Report Part 1 of 3, #3 Exhibit B - Davis Rebuttal Report Part 2 of 3, #4 Exhibit B - Davis Rebuttal Report Part 3 of 3, #5 Exhibit C - Davis Deposition Excerpts, #6 Exhibit D - NFPA 921 Excerpts, #7 Exhibit E - Prabhakaran Deposition Excerpts, #8 Exhibit F - Gossman Deposition Excerpts, #9 Exhibit G - News Re: SRI Test Fire, #10 Exhibit H - Photograph of Manlid at SRI, #11 Exhibit I - DellaSala Deposition Excerpts, #12 Exhibit J - DellaSala CV, #13 Exhibit K - Davis Main Report 1 of 2, #14 Exhibit K - Davis Main Report 2 of 2, #15 Exhibit L - Elefante Deposition Excerpts, #16 Exhibit M - Cayias Deposition Excerpts, #17 Exhibit N - Video of DVB Fire at SRI Laboratories)(Leland, Kipp)
March 10, 2017 Filing 1096 DECLARATION of Eugene J. O'Connor in Opposition re: #1020 MOTION to Disqualify John Walker.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit Exh. 01 - Davis Deposition, #2 Exhibit Exh. 02 - Gow Deposition, #3 Exhibit Exh. 03 - DellaSalla Deposition, #4 Exhibit Exh. 04 - Beeley Deposition, #5 Exhibit Exh. 05 - John Cayas deposition, #6 Exhibit Exh. 06 - Robbins Deposition, #7 Exhibit Exh. 07 - Hammersley Deposition, #8 Exhibit Exh. 08 - Wadsworth deposition, #9 Exhibit Exh. 09 - Fuller Deposition, #10 Exhibit Exh. 10 - Cooper Deposition, #11 Exhibit Exh. 11 - Walker Main Report_Part1, #12 Exhibit Exh. 11 - Walker Main Report_Part2, #13 Exhibit Exh. 12 - Email from captain to NSB 7.14.2012 0808 am.)(Semenoro, Timothy)
March 10, 2017 Filing 1095 DECLARATION of John Walker in Opposition re: #1020 MOTION to Disqualify John Walker.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
March 10, 2017 Filing 1094 DECLARATION of JOHN CAYIAS in Opposition re: #1003 MOTION to Disqualify John Cayias and Daniel DellaSalla.. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit 1 - Cayias Main Report, #2 Exhibit 2 - Cayias Rebuttal Report, #3 Exhibit 3 - 3D Scans from Force Laboratories, #4 Exhibit 4 - Dow DVB Reference Documentation)(Leland, Kipp)
March 10, 2017 Filing 1093 MEMORANDUM OF LAW in Opposition re: #1020 MOTION to Disqualify John Walker. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
March 10, 2017 Filing 1092 MEMORANDUM OF LAW in Opposition re: #1003 MOTION to Disqualify John Cayias and Daniel DellaSalla. . Document filed by Hill Rivkins Cargo Claimants. (Leland, Kipp)
March 10, 2017 Filing 1091 DECLARATION of Eugene J. O'Connor in Opposition re: #1053 MOTION to Disqualify David A. Robbins., #1009 MOTION to Disqualify David Robbins, Ian Wadsworth, John Fuller and Edward Hammersley.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit Exh. 01 - Davis Deposition, #2 Exhibit Exh. 02 - Gow Deposition, #3 Exhibit Exh. 03 - DellaSalla Deposition, #4 Exhibit Exh. 04 - Beeley Deposition, #5 Exhibit Exh. 05 - John Cayas deposition, #6 Exhibit Exh. 06 - Robbins Deposition, #7 Exhibit Exh. 07 - Hammersley Deposition, #8 Exhibit Exh. 08 - Wadsworth deposition, #9 Exhibit Exh. 09 - Fuller Deposition, #10 Exhibit Exh. 10 - Cooper Deposition, #11 Exhibit Exh. 11 - Walker Main Report_Part1, #12 Exhibit Exh. 11 - Walker Main Report_Part2, #13 Exhibit Exh. 12 - Email from captain to NSB 7.14.2012 0808 am.)(Semenoro, Timothy)
March 10, 2017 Filing 1090 DECLARATION of KIPP CHARLES LELAND in Opposition re: #1006 MOTION to Disqualify Steven Hunt.. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit 1 - DG Harmony Trial Transcript Excerpt April 27, 2004, #2 Exhibit 2 - DG Harmony Trial Transcript Excerpt May 4, 2004)(Leland, Kipp)
March 10, 2017 Filing 1089 DECLARATION of Steven Charles Hunt in Opposition re: #1006 MOTION to Disqualify Steven Hunt.. Document filed by Hill Rivkins Cargo Claimants. (Attachments: #1 Exhibit 1 - Hunt Main Report, #2 Exhibit 2 - Hunt Rebuttal Report, #3 Exhibit 3 - CV Accompanying Main Report, #4 Exhibit 4 - CV Accompanying Rebuttal Report, #5 Exhibit 5 - Hunt Deposition Excerpts)(Leland, Kipp)
March 10, 2017 Filing 1088 DECLARATION of David Robbins in Opposition re: #1053 MOTION to Disqualify David A. Robbins., #1009 MOTION to Disqualify David Robbins, Ian Wadsworth, John Fuller and Edward Hammersley.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
March 10, 2017 Filing 1087 MEMORANDUM OF LAW in Opposition re: #1006 MOTION to Disqualify Steven Hunt. . Document filed by Hill Rivkins Cargo Claimants. (Leland, Kipp)
March 10, 2017 Filing 1086 MEMORANDUM OF LAW in Opposition re: #1053 MOTION to Disqualify David A. Robbins., #1009 MOTION to Disqualify David Robbins, Ian Wadsworth, John Fuller and Edward Hammersley. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
March 10, 2017 Filing 1085 DECLARATION of Timothy Semenoro in Opposition re: #1058 MOTION to Disqualify Joseph V. Porcelli., #1000 MOTION to Disqualify Joseph Porcelli.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit 01 part 1 of 13 - Porcelli Main Report, #2 Exhibit 01 part 2 of 13 - Appendices 1-3 to Porcelli Main Report, #3 Exhibit 01 part 3 of 13 - Appendix 4A to Porcelli Main Report Part 1 of 3, #4 Exhibit 01 part 4 of 13 - Appendix 4A to Porcelli Main Report Part 2 of 3, #5 Exhibit 01 part 5 of 13 - Appendix 4A to Porcelli Main Report Part 3 of 3, #6 Exhibit 01 part 6 of 13 - Appendices 4B-7 to Porcelli Main Report, #7 Exhibit 01 part 7 of 13 - Appendix 8 to Porcelli Main Report, #8 Exhibit 01 part 8 of 13 - REVISED Appendix 8 to Porcelli Main Report Part 1 of 2, #9 Exhibit 01 part 9 of 13 - REVISED Appendix 8 to Porcelli Main Report Part 2 of 2, #10 Exhibit 01 part 10 of 13 - Appendices 9-10 to Porcelli Main Report, #11 Exhibit 01 part 11 of 13 - Appendices 11A-12 to Porcelli Main Report, #12 Exhibit 01 part 12 of 13 - Appendix 13 to Porcelli Main Report Part 1 of 2, #13 Exhibit 01 part 13 of 13 - Appendix 13 to Porcelli Main Report Part 2 of 2, #14 Exhibit 02 - Porcelli Rebuttal Report, #15 Exhibit 03 - Porcelli Deposition, #16 Exhibit 04 - Borne CV, #17 Exhibit 05 - Blumenthal CV)(Semenoro, Timothy)
March 10, 2017 Opinion or Order Filing 1084 ORDER granting #1073 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/9/2017) (cla)
March 10, 2017 Opinion or Order Filing 1083 ORDER granting (1072 in case 1:12-cv-08892-KBF) Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/9/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (cla)
March 10, 2017 Filing 1082 DECLARATION of Dr. Joseph V. Porcelli in Opposition re: #1058 MOTION to Disqualify Joseph V. Porcelli., #1000 MOTION to Disqualify Joseph Porcelli.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
March 10, 2017 Filing 1081 MEMORANDUM OF LAW in Opposition re: #1058 MOTION to Disqualify Joseph V. Porcelli., #1000 MOTION to Disqualify Joseph Porcelli. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
March 10, 2017 Filing 1080 MEMORANDUM OF LAW in Opposition re: #1052 MOTION to Disqualify certain expert testimony regarding pre-existing fire., #1040 MOTION to Preclude MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. D . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 10, 2017 Filing 1079 DECLARATION of John A.V. Nicoletti in Opposition re: #1046 MOTION to Disqualify certain opinions regarding fire fighting.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit Nole Casandra deposition transcript excerpts, #2 Exhibit Janusz Tarnowski deposition transcript excerpts, #3 Exhibit Holger Thiele deposition transcript excerpts, #4 Exhibit Maciej Pokusa deposition transcript excerpts, #5 Exhibit Joerg Erdtmann deposition transcript excerpts, #6 Exhibit John Walker deposition transcript excerpts, #7 Exhibit Brian Hall deposition transcript excerpts, #8 Exhibit Todd Duke deposition transcript excerpts, #9 Exhibit Brian Hall Expert Report, #10 Exhibit Ex. 1600)(Nicoletti, John)
March 10, 2017 Filing 1078 MEMORANDUM OF LAW in Opposition re: #1046 MOTION to Disqualify certain opinions regarding fire fighting. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 10, 2017 Filing 1077 MEMORANDUM OF LAW in Opposition re: #1046 MOTION to Disqualify certain opinions regarding fire fighting. . Document filed by Deltech Corporation. (Gorden, Matthew)
March 10, 2017 Filing 1076 DECLARATION of Joseph J. Perrone, Esq. in Opposition re: #1046 MOTION to Disqualify certain opinions regarding fire fighting.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gorden, Matthew)
March 10, 2017 Filing 1075 DECLARATION of John A.V. Nicoletti in Opposition re: #1043 MOTION to Disqualify S. Gregory Borossay.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Exhibit Borossay Expert Report, #2 Exhibit Borrosay Deposition Transcript)(Nicoletti, John)
March 10, 2017 Filing 1074 MEMORANDUM OF LAW in Opposition re: #1043 MOTION to Disqualify S. Gregory Borossay. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
March 9, 2017 Filing 1073 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from John A.V. Nicoletti, Esq. dated March 9, 2017. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
March 9, 2017 Filing 1072 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Edward P. Flood dated 3/9/2017. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
March 2, 2017 Filing 1071 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Timothy Semenoro dated 2/17/2017 re: Settlement joint status letter. ENDORSEMENT: Counsel are directed to provide the status report as proposed herein. (Signed by Magistrate Judge Henry B. Pitman on 3/2/2017) (cf)
February 27, 2017 Filing 1070 DECLARATION of Peter R. Knight in Support re: #1068 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski.. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F (Part 1), #7 Exhibit F (Part 2), #8 Exhibit G (Part 1), #9 Exhibit G (Part 2), #10 Exhibit G (Part 3), #11 Exhibit H, #12 Exhibit I)(Knight, Peter)
February 27, 2017 Filing 1069 JOINT MEMORANDUM OF LAW in Support re: #1068 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski. . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
February 27, 2017 Filing 1068 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. Return Date set for 3/10/2017 at 12:00 PM.(Knight, Peter)
February 24, 2017 Filing 1067 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Peter R. Knight in Support re: #1065 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski.. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F (Part 1), #7 Exhibit Ex. F (Part 2), #8 Exhibit Ex. G (Part 1), #9 Exhibit Ex. G (Part 2), #10 Exhibit Ex. G (Part 3), #11 Exhibit Ex. H, #12 Exhibit Ex. I)(Knight, Peter) Modified on 2/27/2017 (ldi).
February 24, 2017 Filing 1066 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MEMORANDUM OF LAW in Support re: #1065 MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski. . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter) Modified on 2/27/2017 (ldi).
February 24, 2017 Filing 1065 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION to Disqualify Certain Expert Testimony of Prof. D. Kaminski. Document filed by Rubicon, LLC. Return Date set for 3/10/2017 at 12:00 PM.(Knight, Peter) Modified on 2/27/2017 (ldi).
February 24, 2017 Filing 1064 DECLARATION of Timothy Semenoro in Support re: #1052 MOTION to Disqualify certain expert testimony regarding pre-existing fire.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit 1 - Deck Log Book, #2 Exhibit 2 - Alarm Log for July 14 2012, #3 Exhibit 3 - Langer Depo Transcript Vol 1, #4 Exhibit 4.1 - CO2 system vendor drawing, #5 Exhibit 4.2 - CO2 system vendor drawing, #6 Exhibit 5 - Tarnowski Depo Transcript, #7 Exhibit 6 - Tarnowski Exh 451, #8 Exhibit 7 - Tarnowski Exh 451A, #9 Exhibit 8 - Tarnowski Exh 452, #10 Exhibit 9 - Tarnowski Exh 453A, #11 Exhibit 10 - Gossman Depo Transcript, #12 Exhibit 11.1 - Gossman Report, #13 Exhibit 11.2 - Gossman Report, #14 Exhibit 12 - Moldoveanu - Analytical Pyrolysis textbook excerpts, #15 Exhibit 13 - Polymer Solutions Gas Chromatography Report AQ-28204, #16 Exhibit 14.1 - Polymer Solutions Polymerization Report AQ-28811, #17 Exhibit 14.2 - Polymer Solutions Polymerization Report AQ-28811, #18 Exhibit 14.3 - Polymer Solutions Polymerization Report AQ-28811, #19 Exhibit 14.4 - Polymer Solutions Polymerization Report AQ-28811, #20 Exhibit 14.5 - Polymer Solutions Polymerization Report AQ-28811, #21 Exhibit 15.1 - Hammersley Rebuttal Report, #22 Exhibit 15.2 - Hammersley Rebuttal Report, #23 Exhibit 15.3 - Hammersley Rebuttal Report, #24 Exhibit 15.4 - Hammersley Rebuttal Report, #25 Exhibit 15.5 - Hammersley Rebuttal Report, #26 Exhibit 15.6 - Hammersley Rebuttal Report, #27 Exhibit 15.7 - Hammersley Rebuttal Report, #28 Exhibit 15.8 - Hammersley Rebuttal Report, #29 Exhibit 15.9 - Hammersley Rebuttal Report, #30 Exhibit 15.10 - Hammersley Rebuttal Report, #31 Exhibit 15.11 - Hammersley Rebuttal Report, #32 Exhibit 15.12 - Hammersley Rebuttal Report, #33 Exhibit 15.13 - Hammersley Rebuttal Report, #34 Exhibit 15.14 - Hammersley Rebuttal Report, #35 Exhibit 15.15 - Hammersley Rebuttal Report, #36 Exhibit 15.16 - Hammersley Rebuttal Report, #37 Exhibit 15.17 - Hammersley Rebuttal Report, #38 Exhibit 15.18 - Hammersley Rebuttal Report, #39 Exhibit 15.19 - Hammersley Rebuttal Report, #40 Exhibit 15.20 - Hammersley Rebuttal Report, #41 Exhibit 16 - Petty-Galis Depo Transcript, #42 Exhibit 17 - Hammersley Depo Transcript, #43 Exhibit 18 - Davis Depo Transcript, #44 Exhibit 19 - Hammersley Main Report, #45 Exhibit 20.1 - Robbins Rebuttal Report, #46 Exhibit 20.2 - Robbins Rebuttal Report, #47 Exhibit 20.3 - Robbins Rebuttal Report, #48 Exhibit 21 - Robbins Depo Transcript, #49 Exhibit 22.1 - Robbins Main Report, #50 Exhibit 22.2 - Robbins Main Report, #51 Exhibit 22.3 - Robbins Main Report, #52 Exhibit 22.4 - Robbins Main Report, #53 Exhibit 22.5 - Robbins Main Report, #54 Exhibit 22.6 - Robbins Main Report, #55 Exhibit 22.7 - Robbins Main Report, #56 Exhibit 22.8 - Robbins Main Report, #57 Exhibit 22.9 - Robbins Main Report, #58 Exhibit 22.10 - Robbins Main Report, #59 Exhibit 22.11 - Robbins Main Report, #60 Exhibit 22.12 - Robbins Main Report, #61 Exhibit 22.13 - Robbins Main Report, #62 Exhibit 22.14 - Robbins Main Report, #63 Exhibit 22.15 - Robbins Main Report, #64 Exhibit 22.16 - Robbins Main Report, #65 Exhibit 22.17 - Robbins Main Report, #66 Exhibit 22.18 - Robbins Main Report, #67 Exhibit 22.19 - Robbins Main Report, #68 Exhibit 22.20 - Robbins Main Report, #69 Exhibit 22.21 - Robbins Main Report, #70 Exhibit 22.22 - Robbins Main Report, #71 Exhibit 22.23 - Robbins Main Report, #72 Exhibit 22.24 - Robbins Main Report, #73 Exhibit 22.25 - Robbins Main Report, #74 Exhibit 22.26 - Robbins Main Report, #75 Exhibit 22.27 - Robbins Main Report, #76 Exhibit 22.28 - Robbins Main Report, #77 Exhibit 22.29 - Robbins Main Report, #78 Exhibit 22.30 - Robbins Main Report, #79 Exhibit 22.31 - Robbins Main Report, #80 Exhibit 22.32 - Robbins Main Report, #81 Exhibit 22.33 - Robbins Main Report, #82 Exhibit 22.34 - Robbins Main Report, #83 Exhibit 22.35 - Robbins Main Report, #84 Exhibit 22.36 - Robbins Main Report)(Semenoro, Timothy)
February 24, 2017 Filing 1063 DECLARATION of Joseph J. Perrone, Esq. in Support re: #1059 MOTION to Disqualify Paul Beeley, Ph.D., an Expert for MSC.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 02A, #4 Exhibit 02B, #5 Exhibit 02C, #6 Exhibit 02D, #7 Exhibit 02E, #8 Exhibit 02F, #9 Exhibit 02G, #10 Exhibit 02H, #11 Exhibit 02I, #12 Exhibit 02J, #13 Exhibit 02K, #14 Exhibit 02L, #15 Exhibit 02M, #16 Exhibit 02N, #17 Exhibit 02O, #18 Exhibit 02P, #19 Exhibit 02Q, #20 Exhibit 02R, #21 Exhibit 02S, #22 Exhibit 03, #23 Exhibit 04, #24 Exhibit 05, #25 Exhibit 06)(Gorden, Matthew)
February 24, 2017 Filing 1062 DECLARATION of Lawrence K. DeMeo in Support re: #1058 MOTION to Disqualify Joseph V. Porcelli.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2, #3 Exhibit 1 - Part 3, #4 Exhibit 1 - Part 4, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4)(Demeo, Lawrence)
February 24, 2017 Filing 1061 MEMORANDUM OF LAW in Support re: #1059 MOTION to Disqualify Paul Beeley, Ph.D., an Expert for MSC. . Document filed by Deltech Corporation. (Gorden, Matthew)
February 24, 2017 Filing 1060 MEMORANDUM OF LAW in Support re: #1058 MOTION to Disqualify Joseph V. Porcelli. . Document filed by Deltech Corporation. (Demeo, Lawrence)
February 24, 2017 Filing 1059 MOTION to Disqualify Paul Beeley, Ph.D., an Expert for MSC. Document filed by Deltech Corporation.(Gorden, Matthew)
February 24, 2017 Filing 1058 MOTION to Disqualify Joseph V. Porcelli. Document filed by Deltech Corporation. Return Date set for 3/10/2017 at 11:59 PM.(Demeo, Lawrence)
February 24, 2017 Filing 1057 DECLARATION of Lawrence K. DeMeo in Support re: #1053 MOTION to Disqualify David A. Robbins.. Document filed by Deltech Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit B - Part 3, #5 Exhibit B - Part 4, #6 Exhibit B - Part 5, #7 Exhibit B - Part 6, #8 Exhibit B - Part 7, #9 Exhibit B - Part 8, #10 Exhibit B - Part 9, #11 Exhibit B - Part 10, #12 Exhibit B - Part 11, #13 Exhibit B - Part 12, #14 Exhibit B - Part 13, #15 Exhibit B - Part 14, #16 Exhibit B - Part 15, #17 Exhibit B - Part 16, #18 Exhibit C - Part 1, #19 Exhibit C - Part 2, #20 Exhibit C - Part 3, #21 Exhibit D, #22 Exhibit E - Part 1, #23 Exhibit E - Part 2, #24 Exhibit E - Part 3, #25 Exhibit E - Part 4, #26 Exhibit E - Part 5, #27 Exhibit E - Part 6, #28 Exhibit E - Part 7, #29 Exhibit E - Part 8, #30 Exhibit E - Part 9, #31 Exhibit E - Part 10, #32 Exhibit E - Part 11, #33 Exhibit E - Part 12, #34 Exhibit E - Part 13, #35 Exhibit E - Part 14, #36 Exhibit F, #37 Exhibit G, #38 Exhibit H - Part 1, #39 Exhibit H - Part 2, #40 Exhibit I, #41 Exhibit J - Part 1, #42 Exhibit J - Part 2)(Demeo, Lawrence)
February 24, 2017 Filing 1056 MEMORANDUM OF LAW in Support re: #1053 MOTION to Disqualify David A. Robbins. . Document filed by Deltech Corporation. (Demeo, Lawrence)
February 24, 2017 Filing 1055 MEMORANDUM OF LAW in Support re: #1052 MOTION to Disqualify certain expert testimony regarding pre-existing fire. . Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
February 24, 2017 Filing 1054 DECLARATION of Edward Hammersley in Support re: #1052 MOTION to Disqualify certain expert testimony regarding pre-existing fire.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
February 24, 2017 Filing 1053 MOTION to Disqualify David A. Robbins. Document filed by Deltech Corporation. Return Date set for 3/10/2017 at 11:59 PM.(Demeo, Lawrence)
February 24, 2017 Filing 1052 MOTION to Disqualify certain expert testimony regarding pre-existing fire. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
February 24, 2017 Filing 1051 DECLARATION of Eugene J. O'Connor in Support re: #1046 MOTION to Disqualify certain opinions regarding fire fighting.. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Attachments: #1 Exhibit 1 - Tortora Main Report, #2 Exhibit 2 - Tortora Rebuttal Report, #3 Exhibit 3 - Tortora Supplemental Rebuttal Report, #4 Exhibit 4 - Tortora Deposition, #5 Exhibit 5 - Robbins Main Report (1 of 36), #6 Exhibit 5 - Robbins Main Report (2 of 36, #7 Exhibit 5 - Robbins Main Report (3 of 36, #8 Exhibit 5 - Robbins Main Report (4 of 36, #9 Exhibit 5 - Robbins Main Report (5 of 36, #10 Exhibit 5 - Robbins Main Report (6 of 36, #11 Exhibit 5 - Robbins Main Report (7 of 36, #12 Exhibit 5 - Robbins Main Report (8 of 36, #13 Exhibit 5 - Robbins Main Report (9 of 36, #14 Exhibit 5 - Robbins Main Report (10 of 36, #15 Exhibit 5 - Robbins Main Report (11 of 36, #16 Exhibit 5 - Robbins Main Report (12 of 36, #17 Exhibit 5 - Robbins Main Report (13 of 36, #18 Exhibit 5 - Robbins Main Report (14 of 36, #19 Exhibit 5 - Robbins Main Report (15 of 36, #20 Exhibit 5 - Robbins Main Report (16 of 36, #21 Exhibit 5 - Robbins Main Report (17 of 36, #22 Exhibit 5 - Robbins Main Report (18 of 36, #23 Exhibit 5 - Robbins Main Report (19 of 36, #24 Exhibit 5 - Robbins Main Report (20 of 36, #25 Exhibit 5 - Robbins Main Report (21 of 36, #26 Exhibit 5 - Robbins Main Report (22 of 36, #27 Exhibit 5 - Robbins Main Report (23 of 36, #28 Exhibit 5 - Robbins Main Report (24 of 36, #29 Exhibit 5 - Robbins Main Report (25 of 36, #30 Exhibit 5 - Robbins Main Report (26 of 36, #31 Exhibit 5 - Robbins Main Report (27 of 36, #32 Exhibit 5 - Robbins Main Report (28 of 36, #33 Exhibit 5 - Robbins Main Report (29 of 36, #34 Exhibit 5 - Robbins Main Report (30 of 36, #35 Exhibit 5 - Robbins Main Report (31 of 36, #36 Exhibit 5 - Robbins Main Report (32 of 36, #37 Exhibit 5 - Robbins Main Report (33 of 36, #38 Exhibit 5 - Robbins Main Report (34 of 36, #39 Exhibit 5 - Robbins Main Report (35 of 36, #40 Exhibit 5 - Robbins Main Report (36 of 36, #41 Exhibit 6 - Duke Main Report, #42 Exhibit 7 - Tarnowski Deposition, #43 Exhibit 8 - Dalomias Deposition, #44 Exhibit 9 - Harshman Main Report, #45 Exhibit 10 - Gow Main Report (1 of 2), #46 Exhibit 10 - Gow Main Report (2 of 2), #47 Exhibit 11 - International Code for FSS, #48 Exhibit 12 - Harshman Deposition, #49 Exhibit 13 - Remoroza Deposition)(Semenoro, Timothy)
February 24, 2017 Filing 1050 DECLARATION of John A.V. Nicoletti, Esq. in Support re: #1048 MOTION to Disqualify Bill Brassington.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Report, #2 Rebuttal Report, #3 Deposition Transcript)(Nicoletti, John)
February 24, 2017 Filing 1049 MEMORANDUM OF LAW in Support re: #1048 MOTION to Disqualify Bill Brassington. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1048 MOTION to Disqualify Bill Brassington. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1047 MEMORANDUM OF LAW in Support re: #1046 MOTION to Disqualify certain opinions regarding fire fighting. . Document filed by C.H. Robinson International Inc., CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Semenoro, Timothy)
February 24, 2017 Filing 1046 MOTION to Disqualify certain opinions regarding fire fighting. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(Semenoro, Timothy)
February 24, 2017 Filing 1045 MEMORANDUM OF LAW in Support re: #1043 MOTION to Disqualify S. Gregory Borossay. . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
February 24, 2017 Filing 1044 DECLARATION of Edward P. Flood in Support re: #1043 MOTION to Disqualify S. Gregory Borossay.. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - Borossay report, #2 Exhibit 2 - Borossay transcript, #3 Exhibit 3 - Borossay bio, #4 Exhibit 4 - Ahlborn report, #5 Exhibit 5 - Vince transcript excerpts, #6 Exhibit 6 - Borossay resume, #7 Exhibit 7 - Borossay list of materials reviewed, #8 Exhibit 8 - Hapag-Lloyd manual excerpts)(Flood, Edward)
February 24, 2017 Filing 1043 MOTION to Disqualify S. Gregory Borossay. Document filed by MSC Mediterranean Shipping Company S.A..(Flood, Edward)
February 24, 2017 Filing 1042 DECLARATION of Kipp C. Leland in Support re: #1040 MOTION to Preclude MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. D. Document filed by Cargo Claimants. (Attachments: #1 Exhibit A - Wouters Report, #2 Exhibit B - Wouters Deposition Testimony Excerpts, #3 Exhibit C - Weyerhaeuser Interrogatory Answer and MSDS, #4 Exhibit D - Fibre Source Interrogatories and MSDS, #5 Exhibit E - Excerpt from Transcript of Hearing on January 12, 2016, #6 Exhibit F - Davis Deposition Testimony Excerpts, #7 Exhibit G - Davis Report (Part 1 of 2), #8 Exhibit G - Davis Report (Part 2 of 2), #9 Exhibit H - Gossman Report (Part 1 of 2), #10 Exhibit H - Gossman Report (Part 2 of 2), #11 Exhibit I - Gossman Deposition Testimony Excerpts, #12 Exhibit J - Harshman Deposition Testimony Excerpts)(Carbin, James)
February 24, 2017 Filing 1041 MEMORANDUM OF LAW in Support re: #1040 MOTION to Preclude MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. D avid Gossman. Document filed by Cargo Claimants. (Carbin, James)
February 24, 2017 Filing 1040 MOTION to Preclude MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. David Gossman. Document filed by Cargo Claimants. Return Date set for 3/10/2017 at 12:00 PM.(Carbin, James)
February 24, 2017 Filing 1039 DECLARATION of John A.V. Nicoletti, Esq. in Support re: #1037 MOTION to Disqualify Paul Beeley.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Report & Appxs. 1-7, #2 Appx. 8.1, #3 Appxs. 8.2 & 9, #4 Appxs. 10-11, #5 Appx. 12.1, #6 Appx. 12.2, #7 Appxs. 13-16, #8 Attachments, #9 Figures, #10 Appxs. A & B.1 - Photos, #11 Appx. B.2 - Photos, #12 Appx. C - Photos, #13 Appx. D - Photos, #14 Appx. E.1 - Photos, #15 Appx. E.2 - Photos, #16 Appx. F.1 - Photos, #17 Appx. F.2 - Photos, #18 Appx. F.3 - Photos, #19 Appx. F.4 - Photos, #20 Appx. F.5 - Photos, #21 Appx. G - Photos, #22 Appx. H.1 - Photos, #23 Appx. H.1 - Photos, #24 Appx. J.1 - Photos, #25 Appx. J.2 - Photos, #26 Appx. J.3 - Photos, #27 Appx. K & L - Photos, #28 Appx. M.1 - Photos, #29 Appx. M.2 - Photos, #30 Appxs. M.3 & N - Photos, #31 Beeley Responsive Report to Scott Davis, #32 Beeley Responsive Report to Kelly Wouters, #33 Deposition Transcript)(Nicoletti, John)
February 24, 2017 Filing 1038 MEMORANDUM OF LAW in Support re: #1037 MOTION to Disqualify Paul Beeley. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1037 MOTION to Disqualify Paul Beeley. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1036 DECLARATION of John A.V. Nicoletti, Esq. in Support re: #1034 MOTION to Disqualify Brian Ott.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Report - Part 1, #2 Report - Part 2, #3 Report - Part 3, #4 Report - Part 4, #5 Rebuttal Report - Part 1, #6 Rebuttal Report - Part 2, #7 Rebuttal Report - Part 3, #8 Deposition Transcript)(Nicoletti, John)
February 24, 2017 Filing 1035 MEMORANDUM OF LAW in Support re: #1034 MOTION to Disqualify Brian Ott. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1034 MOTION to Disqualify Brian Ott. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1033 DECLARATION of John A.V. Nicoletti, Esq. in Support re: #1030 MOTION to Disqualify Robert F. Ahlborn.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Report, #2 Rebuttal Report, #3 Deposition Transcript)(Nicoletti, John)
February 24, 2017 Filing 1032 DECLARATION of Lizabeth L. Burrell in Support re: #1025 MOTION in Limine For Order Excluding Evidence Of Testing By Bradley E. Krantz And Opinions Of Scott G. Davis And Kelly L. Wouters Based On That Testing.. Document filed by Monsanto Company. (Attachments: #1 Exhibit -1, #2 Exhibit -2, #3 Exhibit -3, #4 Exhibit -4, #5 Exhibit -5, #6 Exhibit -6, #7 Exhibit -7, #8 Exhibit -8, #9 Exhibit -9, #10 Exhibit -10, #11 Exhibit -11, #12 Exhibit -12, #13 Exhibit -13, #14 Exhibit -14, #15 Exhibit -15, #16 Exhibit -16, #17 Exhibit -17, #18 Exhibit -18, #19 Exhibit -19, #20 Exhibit -20, #21 Exhibit -21, #22 Exhibit -22, #23 Exhibit -23, #24 Exhibit -24, #25 Exhibit -25, #26 Exhibit -26, #27 Exhibit -27)(Burrell, Lizabeth)
February 24, 2017 Filing 1031 MEMORANDUM OF LAW in Support re: #1030 MOTION to Disqualify Robert F. Ahlborn. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1030 MOTION to Disqualify Robert F. Ahlborn. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1029 DECLARATION of John A.V. Nicoletti, Esq. in Support re: #1026 MOTION to Disqualify Michael Daum.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Report, #2 Rebuttal Report, #3 Deposition Transcript)(Nicoletti, John)
February 24, 2017 Filing 1028 MEMORANDUM OF LAW in Support re: #1026 MOTION to Disqualify Michael Daum. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1027 MEMORANDUM OF LAW in Support re: #1025 MOTION in Limine For Order Excluding Evidence Of Testing By Bradley E. Krantz And Opinions Of Scott G. Davis And Kelly L. Wouters Based On That Testing. . Document filed by Monsanto Company. (Burrell, Lizabeth)
February 24, 2017 Filing 1026 MOTION to Disqualify Michael Daum. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1025 MOTION in Limine For Order Excluding Evidence Of Testing By Bradley E. Krantz And Opinions Of Scott G. Davis And Kelly L. Wouters Based On That Testing. Document filed by Monsanto Company.(Burrell, Lizabeth)
February 24, 2017 Filing 1024 DECLARATION of Kipp C. Leland in Support re: #1016 MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. David Gossman 1 Exhibit A - Wouters Report, #2 Exhibit B - Wouters Deposition Testimony Excerpts, #3 Exhibit C - Weyerhaeuser Interrogatory Answer and MSDS, #4 Exhibit D - Fibre Source Interrogatories and MSDS, #5 Exhibit E - Excerpt from Transcript of Hearing on January 12, 2016, #6 Exhibit F - Davis Deposition Testimony Excerpts, #7 Exhibit G - Davis Report (Part 1 of 2), #8 Exhibit G - Davis Report (Part 2 of 2), #9 Exhibit H - Gossman Report (Part 1 of 2), #10 Exhibit H - Gossman Report (Part 2 of 2), #11 Exhibit I - Gossman Deposition Testimony Excerpts, #12 Exhibit J - Harshman Deposition Testimony Excerpts)(Leland, Kipp)
February 24, 2017 Filing 1023 DECLARATION of John A.V. Nicoletti in Support re: #1020 MOTION to Disqualify John Walker.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Walker Report, #2 Walker Rebuttal Report, #3 Walker Deposition Transcript Excerpts)(Nicoletti, John)
February 24, 2017 Filing 1022 MEMORANDUM OF LAW in Support re: #1020 MOTION to Disqualify John Walker. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1021 DECLARATION of John A.V. Nicoletti, Esq. in Support re: #1017 MOTION to Disqualify David Hughes.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Report - Part 1, #2 Report's Appx. - Part 2, #3 Report's Photos - Part 3, #4 Report's Photos - Part 4, #5 Report's Photos - Part 5, #6 Report's Photos - Part 6, #7 Report's Photos - Part 7, #8 Report's Photos - Part 8, #9 Rebuttal Report, #10 Deposition Transcript)(Nicoletti, John)
February 24, 2017 Filing 1020 MOTION to Disqualify John Walker. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1019 MEMORANDUM OF LAW in Support re: #1016 MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. David Gossman . Document filed by Hill Rivkins Cargo Claimants. (Leland, Kipp)
February 24, 2017 Filing 1018 MEMORANDUM OF LAW in Support re: #1017 MOTION to Disqualify David Hughes. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1017 MOTION to Disqualify David Hughes. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1016 MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. David Gossman . Document filed by Hill Rivkins Cargo Claimants. Return Date set for 3/10/2017 at 12:00 PM.(Leland, Kipp)
February 24, 2017 Filing 1015 DECLARATION of John A.V. Nicoletti, Esq. in Support re: #1013 MOTION to Disqualify Robert A. Richard.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Rebuttal Report, #2 Deposition Transcript, #3 Deposition Transcript Ex. 1518, #4 Deposition Transcript Ex. 1519)(Nicoletti, John)
February 24, 2017 Filing 1014 MEMORANDUM OF LAW in Support re: #1013 MOTION to Disqualify Robert A. Richard. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1013 MOTION to Disqualify Robert A. Richard. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1012 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #1016 Motion) - MOTION Under Daubert To Preclude Defendants Deltech Corporation and Stolt Tank Containers B.V. from proffering certain opinion testimony at trial via their nominated expert witnesses Dr. Kelly Wouters, Dr. Scott Davis and Mr. David Gossman . Document filed by Hill Rivkins Cargo Claimants. Return Date set for 3/10/2017 at 12:00 PM.(Leland, Kipp) Modified on 2/24/2017 (db).
February 24, 2017 Filing 1011 DECLARATION of John A.V. Nicoletti, Esq. in Support re: #1009 MOTION to Disqualify David Robbins, Ian Wadsworth, John Fuller and Edward Hammersley.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Report & Appxs. 1-3, #2 Appx. 4, #3 Appxs. 5-9, #4 Appxs. 10-12, #5 Appxs. 13-17, #6 Appxs. 18-20, #7 Appxs. 21-22, #8 Appx. 23, #9 Appx. 24.1, #10 Appx. 24.2, #11 Appx. 24.3, #12 Appx. 24.4, #13 Appxs. 24.5 & 25, #14 Appxs. 26-29, #15 Photos1, #16 Photos2, #17 Photos3, #18 Photos4, #19 Photos5, #20 Photos6, #21 Robbins Rebuttal Report - Part 1, #22 Robbins Rebuttal Report - Part 2, #23 Robbins Deposition Transcript, #24 Wadsworth Rebuttal Report, #25 Wadsworth Deposition Transcript, #26 Fuller Deposition Transcript, #27 Hammersley Deposition Transcript Excerpt)(Nicoletti, John)
February 24, 2017 Filing 1010 MEMORANDUM OF LAW in Support re: #1009 MOTION to Disqualify David Robbins, Ian Wadsworth, John Fuller and Edward Hammersley. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1009 MOTION to Disqualify David Robbins, Ian Wadsworth, John Fuller and Edward Hammersley. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1008 DECLARATION of John A.V. Nicoletti in Support re: #1006 MOTION to Disqualify Steven Hunt.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Hunt Report, #2 Hunt Rebuttal Report, #3 Hunt Deposition Transcript Excerpts)(Nicoletti, John)
February 24, 2017 Filing 1007 MEMORANDUM OF LAW in Support re: #1006 MOTION to Disqualify Steven Hunt. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1006 MOTION to Disqualify Steven Hunt. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1005 DECLARATION of John A.V. Nicoletti in Support re: #1003 MOTION to Disqualify John Cayias and Daniel DellaSalla.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Cayias Report, #2 DellaSalla Report and Photos, #3 Photos, #4 Photos, #5 Photos, #6 Photos, #7 Photos, #8 Photos, #9 Photos, #10 Cayias Deposition Transcript Excerpts, #11 DellaSalla Deposition Transcript Excerpts, #12 Cayias Rebuttal Report, #13 DellaSalla Rebuttal Report - part 1, #14 DellaSalla Rebuttal Report - part 2)(Nicoletti, John)
February 24, 2017 Filing 1004 MEMORANDUM OF LAW in Support re: #1003 MOTION to Disqualify John Cayias and Daniel DellaSalla. . Document filed by Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1003 MOTION to Disqualify John Cayias and Daniel DellaSalla. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 24, 2017 Filing 1002 DECLARATION of John A.V. Nicoletti, Esq. in Support re: #1000 MOTION to Disqualify Joseph Porcelli.. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Report & Appxs. 1-7, #2 Appxs. 8-12, #3 Appx. 13, #4 Rebuttal Report, #5 Deposition Transcript)(Nicoletti, John)
February 24, 2017 Filing 1001 MEMORANDUM OF LAW in Support re: #1000 MOTION to Disqualify Joseph Porcelli. . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
February 24, 2017 Filing 1000 MOTION to Disqualify Joseph Porcelli. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
February 16, 2017 Filing 999 LETTER addressed to Judge Katherine B. Forrest from James W. Johnson dated 2/15/17 re: Motion to Amend Court Opinion and Order. Document filed by BDP International, Inc..(Johnson, James)
February 16, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney James Johnson to RE-FILE Document #998 MOTION to Amend/Correct #937 Memorandum & Opinion, . Use the event type Letter found under the event list Other Documents. (db)
February 15, 2017 Filing 998 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct #937 Memorandum & Opinion, . Document filed by BDP International, Inc. (Johnson, James) Modified on 2/16/2017 (db).
February 10, 2017 Opinion or Order Filing 997 ORDER: In lieu of holding a telephonic status conference, the Court hereby directs the parties to file a joint status letter updating the Court on any developments in this matter not later than Friday, April 21, 2017. (Signed by Judge Katherine B. Forrest on 2/10/2017) (cla)
February 8, 2017 Opinion or Order Filing 996 ORDER denying as moot #929 Motion to Strike. The Court's opinion and order of January 18, 2017, resolved BDP's motion for summary judgment at ECF No. 903. Stolt's related motion to strike at ECF No. 929 is now moot. The Clerk of Court is hereby directed to terminate the motion at ECF No. 929. (Signed by Judge Katherine B. Forrest on 2/8/2017) (cla)
February 6, 2017 Opinion or Order Filing 995 MEMO ENDORSEMENT granting (994 in case 1:12-cv-06349-KBF) Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. (Attorney Patrick Robert O'Mea terminated in case 1:12-cv-08892-KBF). (Signed by Judge Katherine B. Forrest on 2/6/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF (cla)
February 3, 2017 Filing 994 MOTION for Patrick R. O'Mea to Withdraw as Attorney . Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd..(O'Mea, Patrick)
February 2, 2017 Opinion or Order Filing 993 MEMO ENDORSEMENT on re: #991 Letter re: BASF Motions for Rule 56 Summary Judgment and to Exclude Experts per FRE 702 filed by BASF Corporation. ENDORSEMENT: So ordered. The summary judgment motion is deemed to contain a motion to preclude pursuant to Daubert. (Signed by Judge Katherine B. Forrest on 2/1/2017) (cla)
February 2, 2017 Opinion or Order Filing 992 ORDER: As discussed during the status conference of February 2, 2017, the Courtdirects the parties as follows: 1. Motions related to pending discovery disputes shall be filed not later than Monday, February 6, 2017. Such motions and oppositions shall conform to the Court's Individual Rules, available at: http://www.nysd.uscourts.gov/judge/Forrest. The Court shall endeavor to resolve the motions expeditiously. 2. The motion for summary judgment filed by Suttons International at ECF No. 949 is deemed to move under both Federal Rule of Civil Procedure 56 and Federal Rule of Evidence 702. Any oppositions thereto shall present their arguments accordingly. (Motions due by 2/6/2017.) (Signed by Judge Katherine B. Forrest on 2/2/2017) (cla)
February 2, 2017 Filing 991 LETTER addressed to Judge Katherine B. Forrest from Thomas M. Grasso, Esq. dated February 2, 2017 re: BASF Motions for Rule 56 Summary Judgment and to Exclude Experts per FRE 702. Document filed by BASF Corporation.(Grasso, Thomas)
February 2, 2017 Set/Reset Deadlines: Responses due by 3/10/2017 Replies due by 3/22/2017. (cla)
February 2, 2017 Opinion or Order Filing 990 ORDER granting #988 Letter Motion for Extension of Time to file, respond and oppose Daubert motion. Ordered: Granted. (Motions due by 2/24/2017.) (Signed by Judge Katherine B. Forrest on 2/2/2017) (cla)
February 2, 2017 Filing 989 NOTICE OF APPEARANCE by Alex D'Amico on behalf of Bulkhaul (USA) Inc., Bulkhaul Ltd.. (D'Amico, Alex)
February 2, 2017 Filing 988 CONSENT LETTER MOTION for Extension of Time to file, respond and oppose Daubert motions addressed to Judge Katherine B. Forrest from Joseph J Perrone dated 2/2/17. Document filed by Deltech Corporation.(Perrone, Joseph)
February 1, 2017 Filing 987 SEALED DOCUMENT placed in vault.(rz)
February 1, 2017 Filing 986 RULE 56.1 STATEMENT. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
January 31, 2017 Filing 985 DECLARATION of Richard J. Reisert in Support re: #949 MOTION for Summary Judgment .. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. (Attachments: #1 Exhibit 1- Excerpts BSU report, #2 Exhibit 2- Excerpts Hunt Report, #3 Exhibit 3- Suttons R26 Disclosure, #4 Exhibit 4- Suttons DMAE Shipping Docs, #5 Exhibit 5- Cotten Report, #6 Exhibit 6 - Excerpts Robbins Report, #7 Exhibit 7- Excerpts Cayais Report, #8 Exhibit 8- Excerpts Remoroza Dep, #9 Exhibit 9- Excerpts Duterte Dep, #10 Exhibit 10 - Excerpts Dalomias Dep, #11 Exhibit 11- Excerpts Tarnowski Dep, #12 Exhibit 12- Excerpts Thiele Dep, #13 Exhibit 13- Excerpts Langer Dep, #14 Exhibit 14- Excerpts Langer Dep Part 2, #15 Exhibit 15- Excerpts Cassandra Dep, #16 Exhibit 16- Suttons First RFP, #17 Exhibit 17A- Suttons M&R Docs Part 1, #18 Exhibit 17B- Suttons M&R Docs Part 2, #19 Exhibit 18- Silver Report, #20 Exhibit 19- Excerpts Wouters Reports, #21 Exhibit 20- Excerpts Gossman Reports, #22 Exhibit 21- Excerpts Davis Rebuttal Report, #23 Exhibit 22- Excerpts Beeley Report, #24 Exhibit 23- Excerpts Wouters Dep, #25 Exhibit 24- Excerpts Davis Dep, #26 Exhibit 25- Excerpts Gossman Dep, #27 Exhibit 26- Derbyshire Dep)(Reisert, Richard)
January 31, 2017 Filing 984 CERTIFICATE OF SERVICE. Document filed by BASF Corporation. (Kelly, Robert)
January 31, 2017 Filing 983 MEMORANDUM OF LAW in Support re: #949 MOTION for Summary Judgment . . Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. (Reisert, Richard)
January 31, 2017 Filing 982 RULE 56.1 STATEMENT. Document filed by BASF Corporation. (Kelly, Robert)
January 31, 2017 Filing 981 RULE 56.1 STATEMENT. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. (Reisert, Richard)
January 31, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Joseph Reisert to RE-FILE Document #980 MOTION for Summary Judgment Declaration of Richard J. Reisert., #960 MOTION for Summary Judgment Declaration of RIchard J. Reisert., #979 MOTION for Summary Judgment Declaration of Richard J. Reisert. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: Re-File and link ONLY to document #949 Motion. (ldi)
January 31, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Peter Runkel Knight to RE-FILE Document #961 MOTION for Summary Judgment Rule 56 Statement of Undisputed Material Facts. Use the event type Rule 56.1 Statement found under the event list Other Answers. (ldi)
January 31, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Joseph Reisert to RE-FILE Document #959 MOTION for Summary Judgment Memo of Law in Support. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: Re-File and link ONLY to document #949 Motion. (ldi)
January 31, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert John Kelly to RE-FILE Document #956 Affidavit in Support of Motion. Use the event type Certificate of Service Other found under the event list Service of Process. (ldi)
January 31, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Joseph Reisert to RE-FILE Document #951 MOTION for Summary Judgment Local 56.1 Statement. Use the event type Rule 56.1 Statement found under the event list Other Answers. (ldi)
January 31, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert John Kelly to RE-FILE Document #952 MOTION for Summary Judgment . Use the event type Rule 56.1 Statement found under the event list Other Answers. (ldi)
January 31, 2017 Filing 980 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Declaration of Richard J. Reisert. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. Responses due by 3/15/2017 (Attachments: #1 Exhibit 1 - Excerpts BSU Report, #2 Exhibit 2- Excerpts Hunt Report, #3 Exhibit 3 - Suttons R26 Disclosure, #4 Exhibit 4 - Suttons DMAE Shipping Docs, #5 Exhibit 5 - Cotten Report, #6 Exhibit 6 - Excerpts Robbins Report, #7 Exhibit 7 - Excerpts Cayais Report, #8 Exhibit 8 - Excerpts Remoroza Dep, #9 Exhibit 9 - Excerpts Duterte Dep, #10 Exhibit 10 - Excerpts Dalomias Dep, #11 Exhibit 11 - Excerpts Tarnowski Dep, #12 Exhibit 12 - Excerpts Thiele Dep, #13 Exhibit 13 - Excerpts Langer Dep, #14 Exhibit 14 - Excerpts Langer Dep Part 2, #15 Exhibit 15 - Excerpts Cassandra Dep, #16 Exhibit 16 - Suttons First RFP, #17 Exhibit 17A - Suttons M&R Docs Part 1, #18 Exhibit 17B - Suttons M&R Docs Part 2, #19 Exhibit 18 - Silver Report, #20 Exhibit 19 - Excerpts Wouters Report, #21 Exhibit 20 - Excerpts Gossman Reports, #22 Exhibit 21 - Excerpts Davis Rebuttal Report, #23 Exhibit 22 - Excerpts Beeley Report, #24 Exhibit 23 - Excerpts Wouters Dep, #25 Exhibit 24 - Excerpts Davis Dep, #26 Exhibit 25 - Excerpts Gossman Dep, #27 Exhibit 26 - Derbyshire Dep)(Reisert, Richard) Modified on 1/31/2017 (ldi).
January 31, 2017 Filing 979 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Declaration of Richard J. Reisert. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. Responses due by 3/15/2017 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Reisert, Richard) Modified on 1/31/2017 (ldi).
January 31, 2017 Filing 977 MEMORANDUM OF LAW in Support re: #973 MOTION for Summary Judgment . . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
January 31, 2017 Filing 976 DECLARATION of Edward P. Flood in Support re: #973 MOTION for Summary Judgment .. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit A - Exhibit 160 (under seal), #2 Exhibit B - Exhibit 220, #3 Exhibit C - Pages from Andrew Cooper deposition, #4 Exhibit D - Pages from Cassandra Shore deposition, #5 Exhibit E - Exhibit 168 (under seal), #6 Exhibit F - Exhibit 172 (under seal), #7 Exhibit G - Exhibit 184, #8 Exhibit H - Exhibit 185, #9 Exhibit I - Pages from Tom Starck deposition, #10 Exhibit J - Exhibit 1168, #11 Exhibit K - Exhibit 1188, #12 Exhibit L - Exhibit 175 (under seal), #13 Exhibit M - Exhibit 173 (under seal), #14 Exhibit N - Exhibit 407, #15 Exhibit O - Pages from Zack Levine deposition, #16 Exhibit P - Exhibit 1074 (under seal), #17 Exhibit Q - FMC website printout, #18 Exhibit R - Stolt website printout, #19 Exhibit S - Pages from William Sikma deposition, #20 Exhibit T - Transcript of John Cario deposition, #21 Exhibit U - Exhibit 437, #22 Exhibit V - Pages from Albert Smith deposition, #23 Exhibit W - Exhibit 395, #24 Exhibit X - Exhibit 438, #25 Exhibit Y - Exhibit 396 (under seal), #26 Exhibit Z - Exhibit 385, #27 Exhibit AA - STC 52112 to STC 52113, #28 Exhibit BB - Exhibit 390, #29 Exhibit CC - Exhibit 399, #30 Exhibit DD - Pages from Robert Elefante deposition, #31 Exhibit EE - Deltech's Responses to MSC's First Request for Admissions, #32 Exhibit FF - Exhibit 382, #33 Exhibit GG - Exhibit 16, #34 Exhibit HH - Pages from Eckart Moeller deposition, #35 Exhibit II - Pages from Eckart Moeller 30(b)(6) deposition, #36 Exhibit JJ - Transcript of William Sikma 30(b)(6) deposition, #37 Exhibit KK - Pages from Erin Bruening deposition, #38 Exhibit LL - Pages from Michael Herrera deposition, #39 Exhibit MM - Exhibit 392, #40 Exhibit NN - pages from Fritz Wybenga deposition, #41 Exhibit OO - Transcript of Ivan Vince deposition, #42 Exhibit PP - Exhibit 1552, #43 Exhibit QQ - Pages from Aimee Morton deposition, #44 Exhibit RR - MSC_062183 to MSC_062185, #45 Exhibit SS - Pages from Dean Kutz deposition, #46 Exhibit TT - Pages from Dirk Vande Velde deposition, #47 Exhibit UU - Pages from Dean Kutz 30(b)(6) deposition, #48 Exhibit VV - Exhibits 300 to 305, #49 Exhibit WW - Exhibit 125, #50 Exhibit XX - Pages from James Parker deposition, #51 Exhibit YY - Exhibit 127, #52 Exhibit ZZ - Pages from Claudio Bozzo deposition, #53 Exhibit AAA - Pages from Chris Parvin deposition, #54 Exhibit BBB - Pages from Chris Downey deposition, #55 Exhibit CCC - Robert Ahlborn report dated September 19, 2016, #56 Exhibit DDD - Pages from Anand Prabhakaran deposition, #57 Exhibit EEE - Pages from Deborah Kaminski deposition, #58 Exhibit FFF - Scott Davis report dated June 1, 2016 (part 1), #59 Exhibit FFF - Scott Davis report dated June 1, 2016 (part 2), #60 Exhibit GGG - Pages from Juergen Langer deposition, #61 Exhibit HHH - Exhibit 71, #62 Exhibit III - Pages from Michael Deaton deposition, #63 Exhibit JJJ - Robert Ahlborn report dated June 1, 2016, #64 Exhibit KKK - Exhibit 44, #65 Exhibit LLL - Pages from Mario Gonzalez deposition, #66 Exhibit MMM - Exhibit 1150, #67 Exhibit NNN - Pages from Tytrinia Breaux deposition, #68 Exhibit OOO - Pages from Scott Davis deposition, #69 Exhibit PPP - Exhibit 208, #70 Exhibit QQQ - MSC_062179 to MSC_062180)(Flood, Edward)
January 30, 2017 Filing 978 STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: Bulkhaul's Crossclaims against Chemtura only are hereby dismissed without prejudice; and Chemtura's Crossclaims against Bulkhaul only are hereby dismissed without prejudice; and All other claims, including all crossclaims and counterclaims, by Bulkhaul and Chemtura against all other parties shall remain in effect. (Bulkhaul Ltd., Chemtura Europe GmbH, Chemtura Italy S.R.L., Bulkhaul (USA) Inc. and Bulkhaul Limited terminated.) (Signed by Judge Katherine B. Forrest on 1/30/2017) Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(cla)
January 30, 2017 Filing 975 DECLARATION of Paolo Magnani in Support re: #973 MOTION for Summary Judgment .. Document filed by MSC Mediterranean Shipping Company S.A.. (Attachments: #1 Exhibit 1 - bill of lading US edition 08/2009, #2 Exhibit 2 - bill of lading standard edition 08/2009, #3 Exhibit 3 - bill of lading standard edition 12/2007, #4 Exhibit 4 - sea waybill US edition 08/2009, #5 Exhibit 5 - sea waybill standard edition 08/2009, #6 Exhibit 6 - sea waybill standard edition 12/2007, #7 Exhibit 7 - bill of lading terms website, #8 Exhibit 8 - sea waybill terms website)(Flood, Edward)
January 30, 2017 Filing 974 RULE 56.1 STATEMENT. Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
January 30, 2017 Filing 973 MOTION for Summary Judgment . Document filed by MSC Mediterranean Shipping Company S.A.. Responses due by 2/28/2017(Flood, Edward)
January 30, 2017 Filing 972 DECLARATION of Emily S. Munson in Support re: #969 MOTION for Summary Judgment .. Document filed by Monsanto Company. (Attachments: #1 Exhibit -1, #2 Exhibit -2, #3 Exhibit -3, #4 Exhibit -4, #5 Exhibit -5, #6 Exhibit -6, #7 Exhibit -7, #8 Exhibit -8, #9 Exhibit -9, #10 Exhibit -10, #11 Exhibit -11, #12 Exhibit -12, #13 Exhibit -13, #14 Exhibit -14, #15 Exhibit -15, #16 Exhibit -16, #17 Exhibit -17, #18 Exhibit -18, #19 Exhibit -19, #20 Exhibit -20, #21 Exhibit -21, #22 Exhibit -22, #23 Exhibit -23, #24 Exhibit -24, #25 Exhibit -25, #26 Exhibit -26, #27 Exhibit -27, #28 Exhibit -28, #29 Exhibit -29, #30 Exhibit -30, #31 Exhibit -31 Part 1, #32 Exhibit -31 Part 2, #33 Exhibit -32, #34 Exhibit -33, #35 Exhibit -34, #36 Exhibit -35, #37 Exhibit -36)(Burrell, Lizabeth)
January 30, 2017 Filing 971 MEMORANDUM OF LAW in Support re: #969 MOTION for Summary Judgment . . Document filed by Monsanto Company. (Burrell, Lizabeth)
January 30, 2017 Filing 970 RULE 56.1 STATEMENT. Document filed by Monsanto Company. (Burrell, Lizabeth)
January 30, 2017 Filing 969 MOTION for Summary Judgment . Document filed by Monsanto Company. Responses due by 3/15/2017(Burrell, Lizabeth)
January 30, 2017 Filing 968 DECLARATION of Joseph J. Perrone, Esq. in Support re: #957 MOTION for Summary Judgment .. Document filed by Deltech Europe Ltd.. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48)(Gorden, Matthew)
January 30, 2017 Filing 967 DECLARATION of Peter Skoufalos in Support re: #962 MOTION for Summary Judgment .. Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd.. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8A, #10 Exhibit 8B, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47A, #50 Exhibit 47B, #51 Exhibit 48A, #52 Exhibit 48B, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52, #57 Exhibit 53, #58 Exhibit 54, #59 Exhibit 55, #60 Exhibit 56, #61 Exhibit 57, #62 Exhibit 58, #63 Exhibit 59, #64 Exhibit 60, #65 Exhibit 61, #66 Exhibit 62, #67 Exhibit 63, #68 Exhibit 64, #69 Exhibit 65, #70 Exhibit 66, #71 Exhibit 67, #72 Exhibit 68, #73 Exhibit 69, #74 Exhibit 70, #75 Exhibit 71A, #76 Exhibit 71B, #77 Exhibit 72, #78 Exhibit 73, #79 Exhibit 74, #80 Exhibit 75, #81 Exhibit 76, #82 Exhibit 77, #83 Exhibit 78)(Skoufalos, Peter)
January 30, 2017 Filing 966 RULE 56.1 STATEMENT. Document filed by Deltech Europe Ltd.. (Gorden, Matthew)
January 30, 2017 Filing 965 DECLARATION of Joseph J. Perrone, Esq. in Support re: #957 MOTION for Summary Judgment .. Document filed by Deltech Europe Ltd.. (Gorden, Matthew)
January 30, 2017 Filing 964 RULE 56.1 STATEMENT. Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd.. (Skoufalos, Peter)
January 30, 2017 Filing 963 MEMORANDUM OF LAW in Support re: #962 MOTION for Summary Judgment . . Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd.. (Skoufalos, Peter)
January 30, 2017 Filing 962 MOTION for Summary Judgment . Document filed by Bulkhaul (USA) Inc., Bulkhaul Ltd..(Skoufalos, Peter)
January 30, 2017 Filing 961 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Rule 56 Statement of Undisputed Material Facts. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC.(Knight, Peter) Modified on 1/31/2017 (ldi).
January 30, 2017 Filing 960 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Declaration of RIchard J. Reisert. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. Responses due by 3/15/2017 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit)(Reisert, Richard) Modified on 1/31/2017 (ldi).
January 30, 2017 Filing 959 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Memo of Law in Support. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. Responses due by 3/15/2017(Reisert, Richard) Modified on 1/31/2017 (ldi).
January 30, 2017 Filing 958 MEMORANDUM OF LAW in Support re: #957 MOTION for Summary Judgment . . Document filed by Deltech Europe Ltd.. (Gorden, Matthew)
January 30, 2017 Filing 957 MOTION for Summary Judgment . Document filed by Deltech Europe Ltd.. Responses due by 3/15/2017(Gorden, Matthew)
January 30, 2017 Filing 956 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Robert J. Kelly in Support re: #950 MOTION for Summary Judgment .. Document filed by BASF Corporation. (Kelly, Robert) Modified on 1/31/2017 (ldi).
January 30, 2017 Filing 955 DECLARATION of Robert J. Kelly in Support re: #950 MOTION for Summary Judgment .. Document filed by BASF Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J1, #11 Exhibit J2, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M1, #15 Exhibit M2, #16 Exhibit N)(Kelly, Robert)
January 30, 2017 Filing 954 DECLARATION of Peter B. Knight in Support re: #942 MOTION for Summary Judgment .. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Attachments: #1 Appendix Appendix A, #2 Appendix Appendix B, #3 Exhibit Ex. A, #4 Exhibit Ex. B, #5 Exhibit Ex. C, #6 Exhibit Ex. D, #7 Exhibit Ex. E, #8 Exhibit Ex. F, #9 Exhibit Ex. G, #10 Exhibit Ex. H, #11 Exhibit Ex. I, #12 Exhibit Ex. J, #13 Exhibit Ex. K, #14 Exhibit Ex. L, #15 Exhibit Ex. M, #16 Exhibit Ex. N, #17 Exhibit Ex. O, #18 Exhibit Ex. P, #19 Exhibit Ex. Q, #20 Exhibit Ex. R, #21 Exhibit Ex. S, #22 Exhibit Ex. T, #23 Exhibit Ex. U, #24 Exhibit Ex. V, #25 Exhibit Ex. W, #26 Exhibit Ex. X, #27 Exhibit Ex. Y, #28 Exhibit Ex. Z, #29 Exhibit Ex. AA, #30 Exhibit Ex. BB, #31 Exhibit Ex. CC, #32 Exhibit Ex. DD, #33 Exhibit Ex. EE, #34 Exhibit Ex. FF, #35 Exhibit Ex. GG, #36 Exhibit Ex. HH, #37 Exhibit Ex. II, #38 Exhibit Ex. JJ, #39 Exhibit Ex. KK, #40 Exhibit Ex. LL)(Knight, Peter)
January 30, 2017 Filing 953 MEMORANDUM OF LAW in Support re: #950 MOTION for Summary Judgment . . Document filed by BASF Corporation. (Kelly, Robert)
January 30, 2017 Filing 952 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment . Document filed by BASF Corporation. Responses due by 3/15/2017(Kelly, Robert) Modified on 1/31/2017 (ldi).
January 30, 2017 Filing 951 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Local 56.1 Statement. Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. Responses due by 3/15/2017(Reisert, Richard) Modified on 1/31/2017 (ldi).
January 30, 2017 Filing 950 MOTION for Summary Judgment . Document filed by BASF Corporation. Responses due by 3/15/2017(Kelly, Robert)
January 30, 2017 Filing 949 MOTION for Summary Judgment . Document filed by Suttons International, Suttons International (N.A.) Inc., Suttons International Ltd.. Responses due by 3/15/2017(Reisert, Richard)
January 30, 2017 Filing 948 DECLARATION of John A.V. Nicoletti in Support re: #944 MOTION for Summary Judgment .. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
January 30, 2017 Filing 947 MEMORANDUM OF LAW in Support re: #942 MOTION for Summary Judgment . . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. (Knight, Peter)
January 30, 2017 Filing 946 RULE 56.1 STATEMENT. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
January 30, 2017 Filing 945 MEMORANDUM OF LAW in Support re: #944 MOTION for Summary Judgment . . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, John)
January 30, 2017 Filing 944 MOTION for Summary Judgment . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V..(Nicoletti, John)
January 30, 2017 Filing 943 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #950) - MOTION for Summary Judgment . Document filed by BASF Corporation. Responses due by 3/15/2017 (Attachments: #1 Brief in Support of Motion, #2 Declaration of Robert J. Kelly, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J1, #13 Exhibit J2, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M1, #17 Exhibit M2, #18 Exhibit N, #19 Statement of Uncontested Material Facts, #20 Certification of Service)(Kelly, Robert) Modified on 1/31/2017 (ldi).
January 30, 2017 Filing 942 MOTION for Summary Judgment . Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC. Responses due by 3/15/2017(Knight, Peter)
January 26, 2017 Opinion or Order Filing 941 ORDER granting #938 Letter Motion for Leave to File Excess Pages. Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 1/26/2017) (cla)
January 26, 2017 Opinion or Order Filing 940 ORDER granting #939 Letter Motion for Leave to File Excess Pages. Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 1/26/2017) (cla)
January 25, 2017 Filing 939 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Peter Skoufalos dated January 25, 2017. Document filed by Bulkhaul (USA) Inc., Bulkhaul Limited.(O'Mea, Patrick)
January 25, 2017 Filing 938 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Peter R. Knight dated 01/25/2017. Document filed by Chemtura Corporation, Chemtura Europe GmbH, Chemtura Italy S.R.L., Rubicon, LLC.(Knight, Peter)
January 18, 2017 Opinion or Order Filing 937 OPINION & ORDER re: #903 MOTION for Summary Judgment . filed by BDP International, Inc. For the reasons set forth above, the motion for summary judgment is GRANTED as to all negligence claims by Stolt and Deltech against BDP, GRANTED as to Deltech's contractual claims against BDP, and DENIED as to Stolt's claim that BDP's breach of contract impacted its defenses to liability claims by other parties. The Clerk of Court is directed to terminate the motion at ECF No. 903. (Signed by Judge Katherine B. Forrest on 1/18/2017) (cla)
January 11, 2017 Filing 936 NOTICE OF APPEARANCE by Gerard W. White on behalf of Hill Rivkins Cargo Claimants. Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(White, Gerard)
January 10, 2017 Filing 935 NOTICE OF APPEARANCE by John James Sullivan on behalf of Hill Rivkins Cargo Claimants. Filed In Associated Cases: 1:12-cv-08892-KBF, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-KBF(Sullivan, John)
January 9, 2017 Filing 934 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Timothy Semenoro dated 12/29/2016 re: We respectfully request that the settlement conference scheduled for January 11, 2017 be adjourned to a date to be determined in the future. ENDORSEMENT: The application to adjourn the settlement conference sine die is granted. Counsel are to submit a status update letter no later than 2-17-17. (Signed by Magistrate Judge Henry B. Pitman on 1/4/2017) (lmb)
December 14, 2016 Opinion or Order Filing 933 STIPULATION AND ORDER DISMISSING WITH PREJUDICE REMAINING CLAIMS FILED AGAINST AND BY PANALPINA INC.: It is hereby stipulated and agreed pursuant to Fed. R. Civ. P. 41(a), all crossclaims, counterclaims, and third party claims against Panalpina Inc. are dismissed with prejudice and without costs,. IT IS FURTHER AGREED THAT pursuant to Fed. R. Civ. P. 41(a), Panalpina Inc.'s counterclaims are dismissed with prejudice and without costs. (Panalpina Inc. terminated.) (Signed by Judge Katherine B. Forrest on 12/14/2016) (cla)
December 14, 2016 Filing 932 LETTER RESPONSE to Motion addressed to Judge Katherine B. Forrest from Edward P. Flood dated 12/14/2016 re: #929 MOTION to Strike Document No. #925 . . Document filed by MSC Mediterranean Shipping Company S.A.. (Flood, Edward)
December 12, 2016 Filing 931 REPLY MEMORANDUM OF LAW in Support re: #903 MOTION for Summary Judgment . . Document filed by BDP International, Inc.. (Johnson, James)
December 12, 2016 Filing 930 MEMORANDUM OF LAW in Support re: #929 MOTION to Strike Document No. #925 . . Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Nicoletti, Jo