BMW of North America LLC v. M/V Courage, in rem et al
Plaintiff: BMW of North America LLC and Axa Corporate Solutions Deutschland
Defendant: M/V Courage, in rem, Fidelio Limited Partnership Inc., American Roll-on Roll-Off Carrier LLC, Crowley Technical Management Inc., GovLog NV, Ford Motor Company, M/V Courage, Tote Service Inc., Mary Smith and United States Of America
Cross Defendant: HDI Global SE and International Auto Logistics, Inc.
Case Number: 1:2016cv04063
Filed: June 1, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Jesse M Furman
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1333 mc Marine Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2019 Opinion or Order Filing 208 ORDER granting #207 Letter Motion for Extension of Time. Application GRANTED. The parties are cautioned that future extension requests may not be granted absent a showing of good cause. The Clerk of Court is directed to docket this in all three cases and to terminate the letter motions filed on April 29, 2019 in all three cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/30/2019) (ne)
April 29, 2019 Opinion or Order Filing 207 LETTER MOTION for Extension of Time of 30 days to keep the case open to allow settlement to be finalized addressed to Judge Jesse M. Furman from Wayne D. Meehan dated April 29, 2019. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
March 29, 2019 Opinion or Order Filing 206 ORDER granting #205 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to docket this in all three cases and to terminate the letter motions filed on March 29, 2019 in all three cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/29/2019) (ne)
March 29, 2019 Opinion or Order Filing 205 LETTER MOTION for Extension of Time of 30 days to keep the case open to allow parties to finalize the settlement addressed to Judge Jesse M. Furman from Wayne D. Meehan dated March 29, 2019. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
January 31, 2019 Opinion or Order Filing 204 ORDER granting #203 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to docket this in all three cases and to terminate the letter motions filed on January 30, 2019 in all three cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/31/2019) (ne)
January 30, 2019 Opinion or Order Filing 203 LETTER MOTION for Extension of Time to keep case open to allow parties to finalize the settlement addressed to Judge Jesse M. Furman from Wayne D. Meehan dated January 30, 2019. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
November 27, 2018 Opinion or Order Filing 202 ORDER terminating #201 Letter Motion to Reopen Case: The deadline to file any motion to reopen in these cases is hereby extended to January 31, 2018. The Clerk of Court is directed to terminate the motions in all three cases (filed earlier today). (Signed by Judge Jesse M. Furman on 11/27/2018) (jwh)
November 27, 2018 Opinion or Order Filing 201 LETTER MOTION to Reopen Case to allow the parties time to finalize the closing documentation and settlement addressed to Judge Jesse M. Furman from Wayne D. Meehan dated November 26, 2018. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
October 29, 2018 Opinion or Order Filing 200 ORDER OF DISMISSAL. The Court having been advised (16-CV-4063, Docket No. 199) that all remaining claims asserted herein have been settled in principle, it is ORDERED that the above-entitled actions be and are hereby dismissed and discontinued without costs, and without prejudice to the right to reopen one or all of the actions within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the same deadline to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close all three cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/29/2018) (rjm)
October 29, 2018 Opinion or Order Terminate Transcript Deadlines. (rjm)
October 29, 2018 Opinion or Order Filing 199 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Wayne D. Meehan dated October 29, 2018. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
October 25, 2018 Opinion or Order Filing 198 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 9/4/18 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)
October 25, 2018 Opinion or Order Filing 197 TRANSCRIPT of Proceedings re: conference held on 9/4/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Anita Trombetta, (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 11/15/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/23/2019.(McGuirk, Kelly)
October 18, 2018 Opinion or Order Filing 196 ORDER granting #195 Letter Motion for Extension of Time. The Clerk of Court is directed to docket this endorsed letter in each of the above-cited cases and to terminate the letter motions filed in each case on October 17, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/17/2018) (rj)
October 18, 2018 Opinion or Order Set/Reset Deadlines: Responses due by 10/29/2018 Replies due by 11/5/2018. (rj)
October 17, 2018 Opinion or Order Filing 195 LETTER MOTION for Extension of Time for the briefing deadlines on the motions for leave to amend addressed to Judge Jesse M. Furman from Wayne D. Meehan dated October 17, 2018. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
September 5, 2018 Opinion or Order Filing 194 ORDER denying #165 Motion to Strike; denying #167 Motion to Strike. In light of the foregoing, as well as Vessel Interests' representation on the record at yesterday's conference that GovLog could not be held liable for more than its proportionate share of the fault, GovLog's and Ford's cross-claims against each other must be and are dismissed with prejudice. In light of that, all parties agree that the motions to strike Ford's jury demands are moot. Thus, any open motions to strike are denied. The Clerk of Court is directed to docket this Order in 16-CV-4063, 16-CV-4125, and 16-CV-4149, and to terminate the following docket entries: (1) 16-CV-4063, Docket Nos. 165 and 167; 16-CV-4125, Docket Nos. 124 and 126; and 16-CV-4149, Docket Nos. 123 and 127. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/5/2018) (ne)
September 5, 2018 Opinion or Order Filing 193 ORDER terminating #169 Motion to Strike ; terminating #185 Letter Motion for Conference; terminating #186 Letter Motion for Extension of Time to File Response/Reply; terminating #190 Letter Motion for Conference; terminating #192 Letter Motion for Conference. Regarding the three motions for leave to file amended answers (16-CV-4063, Docket No. 180; 16-CV-4125, Docket No. 138; 16-CV-4149, Docket No. 139), the Vessel interests shall file any opposition (in the form of a single, consolidated submission) by October 22, 2018, and the movants shall file a single reply brief by October 29, 2018. The opposition brief should not exceed twenty five pages, and the reply brief should not exceed 10 pages. Further, the Court adopts the proposed expert discovery schedule set forth in 16-CV-4063, Docket No. 184. Vessel interests' reports shall be due December 15, 2018, Defendants' reports shall be due January 30, 2019, Vessel interests' rebuttal reports shall be due February 29, 2019, and all expert discovery will close April 30, 2019. The Clerk of Court is directed to docket this Order in 16-CV-4063, 16-CV-4125, and 16-CV-4149, and to terminate the following docket entries: (1) 16-CV-4063, Docket Nos. 169, 185, 186, 190, and 192; 16-CV-4125, Docket Nos. 128, 142, 143, 147, and 149; and 16-CV-4149, Docket Nos. 125, 143, 144, 146, and 148. (Signed by Judge Jesse M. Furman on 9/4/2018) (ne)
September 5, 2018 Opinion or Order Set/Reset Deadlines as to #180 JOINT MOTION for Leave to File Amended Answers to Vessel Interests' Crossclaim (153). Set/Reset Deadlines: (Expert Discovery due by 4/30/2019.) Responses due by 10/22/2018, Replies due by 10/29/2018. (ne)
September 4, 2018 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 9/4/2018. Court reporter present. -- See transcript. (ab)
September 4, 2018 Opinion or Order Filing 192 LETTER MOTION for Conference re: #190 LETTER MOTION for Conference re: #187 Order on Motion for Conference, addressed to Judge Jesse M. Furman from David Y. Loh dated September 4, 2018. Brief Reply to GovLog September 4, 2018 Correspondence addressed to Judge Jesse M. Furman from Peter J. Fazio, Counsel for Ford Motor Company dated September 4, 2018. Document filed by Ford Motor Company.(Fazio, Peter)
September 4, 2018 Opinion or Order Filing 191 STIPULATION AND ORDER OF PARTIAL DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, attorneys for the parties herein, that the claims asserted by Plaintiff, Axa Corporate Solutions Deutschland a/s/o BMW AG against each of the defendants and the cross-claims between and among the defendants as related to the claims of Plaintiff, be and hereby are discontinued with prejudice and without costs. IT IS FURTHER STIPULATED AND AGREED, that the recourse claims asserted by Vessel Interests for recovery of their damages for the loss of the vessel and damages and expenses related to the subject fire against the other defendants and the cross-claims between and among the defendants as related to the Vessel Interests' claims are not dismissed. IT IS FURTHER STIPULATED AND AGREED, that GovLog N.V.'s cross-claims against the United States of America are dismissed without prejudice. United States Of America, United States Of America, United States Of America, United States Of America, United States Of America, United States Of America, United States Of America, United States Of America, United States Of America, United States Of America, United States Of America, Axa Corporate Solutions Deutschland and United States Of America terminated. (Signed by Judge Jesse M. Furman on 8/31/2018) (ne)
September 4, 2018 Opinion or Order Filing 190 LETTER MOTION for Conference re: #187 Order on Motion for Conference, addressed to Judge Jesse M. Furman from David Y. Loh dated September 4, 2018. Document filed by GovLog NV.(Loh, David)
August 31, 2018 Opinion or Order Filing 189 PROPOSED STIPULATION AND ORDER. Document filed by Axa Corporate Solutions Deutschland. (Casey, Martin)
August 30, 2018 Opinion or Order Filing 188 STATUS REPORT. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
August 30, 2018 Opinion or Order Filing 187 ORDER with respect to #185 Letter Motion for Conference. The parties should be prepared to address this matter at the September 4th conference. GovLog is encouraged to file a letter explaining its position in advance of the conference - but no later than September 4, 2018, at 10 a.m. The Clerk of Court is directed to docket this endorsed letter in all three cases cited above. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/30/2018) (ne)
August 30, 2018 Opinion or Order Filing 186 LETTER MOTION for Extension of Time to File Response/Reply as to #185 FIRST LETTER MOTION for Conference to have Stipulation of Dismissal of Cross Claims addressed to Judge Jesse M. Furman from Peter J. Fazio, Counsel for Ford Motor Company dated August 30, 2018. addressed to Judge Jesse M. Furman from David Y. Loh dated August 30, 2018. Document filed by GovLog NV.(Loh, David)
August 30, 2018 Opinion or Order Filing 185 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Conference to have Stipulation of Dismissal of Cross Claims addressed to Judge Jesse M. Furman from Peter J. Fazio, Counsel for Ford Motor Company dated August 30, 2018. Document filed by Ford Motor Company. (Attachments: #1 Exhibit McDermott v Amclyde Decision, #2 Text of Proposed Order Proposed Dismissal of Cross Claims)(Fazio, Peter) Modified on 8/30/2018 (db).
August 29, 2018 Opinion or Order Filing 184 FIRST LETTER addressed to Judge Jesse M. Furman from Douglas Hottle dated August 29, 2018 re: Expert Discovery Schedule Agreement. Document filed by United States Of America.(Hyde, Matthew)
August 24, 2018 Opinion or Order Filing 183 MEMO ENDORSEMENT with respect to #180 Motion for Leave to File Document. ENDORSEMENT: The Court will, if necessary, set a briefing schedule for this motion and the motions for leave to amend in the other cases at the September 4th conference. To that end, the parties should propose a briefing schedule (and whether there is a more efficient or sensible way to resolve the issues raised by the motions and, more broadly, to organize the remaining claims in these cases) in their pre-conference letter. Further, the Court urges the parties who have settled to submit their stipulation of settlement in advance of the conference so that the contours of the cases are clear at the time of the conference. The Clerk of Court is directed to docket this in 16-CV-4063, 16-CV-4125, and 16-CV-4149. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/24/2018) (ne)
August 24, 2018 Opinion or Order Filing 182 AFFIDAVIT of David Y. Loh in Support re: #180 JOINT MOTION for Leave to File Amended Answers to Vessel Interests' Crossclaim (153) .. Document filed by GovLog NV, United States Of America. (Attachments: #1 Exhibit A to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #2 Exhibit B to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #3 Exhibit C to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #4 Exhibit D to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #5 Exhibit E to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #6 Exhibit F to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #7 Exhibit G to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #8 Exhibit H to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #9 Exhibit I to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #10 Exhibit J to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #11 Exhibit K to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #12 Exhibit L to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #13 Exhibit M to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153), #14 Exhibit N to the affidavit of David Y. Loh in support of defendants GOVLOG N.V. and United States' joint motion for leave to file an amended answer to vessel interests' crossclaim (153))(Loh, David)
August 24, 2018 Opinion or Order Filing 181 JOINT MEMORANDUM OF LAW in Support re: #180 JOINT MOTION for Leave to File Amended Answers to Vessel Interests' Crossclaim (153) . . Document filed by GovLog NV, United States Of America. (Loh, David)
August 24, 2018 Opinion or Order Filing 180 JOINT MOTION for Leave to File Amended Answers to Vessel Interests' Crossclaim (153) . Document filed by GovLog NV, United States Of America.(Loh, David)
August 24, 2018 Opinion or Order Filing 179 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #180) - NOTICE of Defendants GOVLOG N.V. and United States Notice of Joint Motion for Leave to File Amended Answers to Vessel Interests' Crossclaim (153) re: #153 Answer to Amended Complaint, Crossclaim. Document filed by GovLog NV, United States Of America. (Loh, David) Modified on 8/24/2018 (ldi).
August 15, 2018 Opinion or Order Filing 178 MEMO ENDORSEMENT on re: (137 in 1:16-cv-04149-JMF) Letter, filed by Wallenius Wilhelmsen Logistics, American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership, Inc., Tote Services, Inc., (177 in 1:16-cv-04063-JMF) Letter filed by Fidelio Limited Partnership Inc., Tote Service Inc., American Roll-on Roll-Off Carrier LLC, (136 in 1:16-cv-04125-JMF) Letter filed by Fidelio Limited Partnership Inc., Tote Service Inc., American Roll-on Roll-Off Carrier LLC. ENDORSEMENT: The parties should submit a stipulation of discontinuance with respect to the settled claims as soon as possible. As for the remaining claims, the parties should do their best to propose a schedule for expert discovery in the letter to be filed in advance of the September 4th conference - and should be prepared to address the same at the conference - even if that schedule may need to be modified later. In their pre-conference letter, the parties should also make clear precisely what claims remain following the settlement; and should address the issues set forth in the Case Management Plan and Scheduling Order (16cv4063 Docket No. 46), including whether there is anything the Court can do to facilitate settlement of the remaining claims. The Clerk of Court is directed to docket this endorsed letter in all dockets referenced above. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/15/2018) (ne)
August 14, 2018 Opinion or Order Filing 177 LETTER addressed to Judge Jesse M. Furman from Wayne D. Meehan dated August 14, 2018 re: status letter. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
June 11, 2018 Opinion or Order Filing 176 REPLY MEMORANDUM OF LAW in Support re: #167 MOTION to Strike Ford's Demand for Jury Trial. . Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Venezia, Gina)
June 11, 2018 Opinion or Order Filing 175 REPLY to Response to Motion re: #169 MOTION to Strike Ford's Demand for a Jury Trial., #167 MOTION to Strike Ford's Demand for Jury Trial., #165 MOTION to Strike Ford's Demand for Jury Trial. . Document filed by United States Of America. (McClellan, Jessica)
June 10, 2018 Opinion or Order Filing 174 ORDER granting #173 Letter Motion for Leave to File Excess Pages. The parties are granted up to 15 pages for their joint reply - although they should strive to keep the reply to 10 or fewer pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 8, 2018 Opinion or Order Filing 173 LETTER MOTION for Leave to File Excess Pages to a joint reply brief of up to 15 pages addressed to Judge Jesse M. Furman from Gina M. Venezia dated June 8, 2018. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Venezia, Gina)
June 1, 2018 Opinion or Order Filing 172 MEMORANDUM OF LAW in Opposition re: #169 MOTION to Strike Ford's Demand for a Jury Trial., #167 MOTION to Strike Ford's Demand for Jury Trial., #165 MOTION to Strike Ford's Demand for Jury Trial. . Document filed by Ford Motor Company. (Fazio, Peter)
May 22, 2018 Opinion or Order Filing 171 ORDER: On May 18 and 19, 2018, several parties filed Motions to Strike Ford's Demand for a Jury Trial. (16-CV-4063 (JMF), Docket Nos. 165, 167, 169). Given the overlapping nature of the motions, Ford shall file a single, consolidated response to all of them and, unless and until the Court grants leave to do otherwise pursuant to a letter motion, the moving parties shall jointly file a single, consolidated reply memorandum. (Signed by Judge Jesse M. Furman on 5/22/2018) (ras)
May 19, 2018 Opinion or Order Filing 170 MEMORANDUM OF LAW in Support re: #169 MOTION to Strike Ford's Demand for a Jury Trial. . Document filed by Axa Corporate Solutions Deutschland. (Casey, Martin)
May 19, 2018 Opinion or Order Filing 169 MOTION to Strike Ford's Demand for a Jury Trial. Document filed by Axa Corporate Solutions Deutschland. Responses due by 6/1/2018(Casey, Martin)
May 18, 2018 Opinion or Order Filing 168 MEMORANDUM OF LAW in Support re: #167 MOTION to Strike Ford's Demand for Jury Trial. . Document filed by GovLog NV. (Loh, David)
May 18, 2018 Opinion or Order Filing 167 MOTION to Strike Ford's Demand for Jury Trial. Document filed by GovLog NV. Responses due by 6/1/2018(Loh, David)
May 18, 2018 Opinion or Order Filing 166 MEMORANDUM OF LAW in Support re: #165 MOTION to Strike Ford's Demand for Jury Trial. . Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Venezia, Gina)
May 18, 2018 Opinion or Order Filing 165 MOTION to Strike Ford's Demand for Jury Trial. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. Responses due by 6/1/2018(Venezia, Gina)
May 18, 2018 Opinion or Order Filing 164 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #166 Memorandum) - MEMORANDUM OF LAW in Support re: #163 MOTION to Strike Ford's Demand for Jury Trial. . Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Venezia, Gina) Modified on 5/21/2018 (db).
May 18, 2018 Opinion or Order Filing 163 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #165 Motion) - MOTION to Strike Ford's Demand for Jury Trial. Document filed by Tote Service Inc.. Responses due by 6/1/2018(Venezia, Gina) Modified on 5/21/2018 (db).
May 16, 2018 Opinion or Order Filing 162 NOTICE OF APPEARANCE by Don Philip Murnane, Jr on behalf of American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Murnane, Don)
May 8, 2018 Opinion or Order Filing 161 ORDER granting #160 Letter Motion for Extension of Time to Complete Discovery. In light of the totality of the circumstances, the Court (somewhat grudgingly) grants one last extension of the fact discovery deadline to August 30, 2018. No further extensions will be granted. In light of that extension, and to enable the parties to focus on completing discovery, the pretrial conference scheduled for May 31, 2018, is ADJOURNED to September 4, 2018, at 3:15 p.m. No later than the Thursday before that conference, the parties shall submit a status letter in accordance with the Court's Order of December 20, 2017. (16-CV-4063, Docket No. 146). But - in order to ensure that expert discovery proceeds expeditiously - the parties shall confer and submit a detailed proposed schedule for expert discovery no later than three weeks prior to the close of fact discovery. If any party believes that a conference is warranted (e.g., with respect to any disputes about depositions), it should seek appropriate relief after meeting and conferring with other counsel in accordance with the Court's Individual Rules and Practices and the Case Management Plans in these case. The proposed schedule for briefing with respect to Ford's jury trial demand is hereby adopted. The Clerk of Court is directed to docket this in all three cases cited above and to terminate the motions filed on May 7, 2018 in each case. (Signed by Judge Jesse M. Furman on 5/7/2018) (ne)
May 8, 2018 Opinion or Order Set/Reset Deadlines: ( Fact Discovery due by 8/30/2018.), Set/Reset Hearings:( Pretrial Conference set for 9/4/2018 at 03:15 PM before Judge Jesse M. Furman.) (ne)
May 7, 2018 Opinion or Order Filing 160 LETTER MOTION for Extension of Time to Complete Discovery and Status Report addressed to Judge Jesse M. Furman from Martin F Casey dated May 7, 2018. Document filed by Axa Corporate Solutions Deutschland.(Casey, Martin)
April 4, 2018 Opinion or Order Filing 159 ANSWER to #153 Crossclaim. Document filed by Ford Motor Company.(Feeney, James)
April 4, 2018 Opinion or Order Filing 158 ANSWER to #155 Crossclaim. Document filed by Ford Motor Company.(Feeney, James)
April 3, 2018 Opinion or Order Filing 157 ANSWER to #153 Crossclaim. Document filed by United States Of America.(McClellan, Jessica)
March 27, 2018 Opinion or Order Filing 156 ANSWER to #155 Crossclaim. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
March 19, 2018 Opinion or Order Filing 155 ANSWER to #136 Amended Complaint,., CROSSCLAIM against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, Tote Service Inc., United States Of America. Document filed by GovLog NV.(Loh, David)
March 12, 2018 Opinion or Order Filing 154 ANSWER to #144 Crossclaim. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
March 12, 2018 Opinion or Order Filing 153 ANSWER to #136 Amended Complaint,., CROSSCLAIM against Ford Motor Company, GovLog NV, United States Of America. Document filed by Tote Service Inc., Fidelio Limited Partnership Inc., American Roll-on Roll-Off Carrier LLC.(Meehan, Wayne)
February 26, 2018 Opinion or Order Filing 152 ORDER granting #151 Letter Motion for Extension of Time. Application GRANTED. That said, the Court reminds counsel that, per the Case Management Plan (Docket No. 46), interim discovery deadlines may be extended by the written consent of all counsel without leave of the Court, provided that all fact discovery is completed by the date set forth by the Court (June 15, 2018). The Clerk of Court is directed to terminate Docket No. 151 in 16-CV-4063; Docket No. 112 in 16-CV-4125; and Docket No. 113 in 16-CV-4149. (Signed by Judge Jesse M. Furman on 2/26/2018) (ras)
February 23, 2018 Opinion or Order Filing 151 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Gina M. Venezia dated February 23, 2018. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Venezia, Gina)
January 21, 2018 Opinion or Order Filing 150 STATUS REPORT. concerning mediation Document filed by Axa Corporate Solutions Deutschland.(Casey, Martin)
January 18, 2018 Opinion or Order Filing 149 ANSWER to #144 Crossclaim. Document filed by United States Of America.(McClellan, Jessica)
January 3, 2018 Opinion or Order Filing 148 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/19/17 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 3, 2018 Opinion or Order Filing 147 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/19/2017 before Judge Jesse M. Furman. 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 1/24/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/3/2018.(McGuirk, Kelly)
December 20, 2017 Opinion or Order Filing 146 ORDER terminating #141 Letter Motion for Local Rule 37.2 Conference. As discussed on the record at today's conference, the parties shall abide by the following deadlines: First, by January 19, 2018, the parties shall submit a joint letter to the Court regarding the parties' interest in facilitated settlement discussions. Second, document fact discovery shall close on March 1, 2018, and all fact discovery will close on June 15, 2018. As the Court indicated at today's conference, the parties should not expect to receive any additional time for fact discovery. Third, the next pretrial conference will be on May 31, 2018, at 3:30 PM. By the Thursday prior to the conference by May 24, 2018 the parties shall file with the court a joint status letter...Fourth, as discussed on the record at today's conference, the Government's motion to compel GovLog to produce certain evidence (Docket No. 141 in 16-cv-4063, Docket No. 104 in 16-cv-4125, and Docket No. 105 in 16-cv-4149) is granted. The Clerk of Court is directed to terminate the aforementioned motions. (Signed by Judge Jesse M. Furman on 12/19/2017) (ras)
December 20, 2017 Opinion or Order Set/Reset Deadlines: (Fact Discovery due by 6/15/2018.) Set/Reset Hearings: (Pretrial Conference set for 5/31/2018 at 03:30 PM before Judge Jesse M. Furman.) (ras)
December 19, 2017 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 12/19/2017. Court reporter present. -- See Transcript. (ab)
December 18, 2017 Opinion or Order Filing 145 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from David Y Loh dated December 18, 2017 re: #141 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Douglas M. Hottle dated December 15, 2017. . Document filed by GovLog NV. (Loh, David)
December 18, 2017 Opinion or Order Filing 144 ANSWER to #136 Amended Complaint, with JURY DEMAND., CROSSCLAIM against Fidelio Limited Partnership Inc., GovLog NV, M/V Courage(her engines, tackle, boilers, etc., in rem), Mary Smith, Tote Service Inc., United States Of America. Document filed by Ford Motor Company.(Fazio, Peter)
December 18, 2017 Opinion or Order Filing 143 SUPPLEMENTAL LETTER addressed to Judge Jesse M. Furman from Douglas M. Hottle dated December 18, 2017 re: Supplement to December 12 Status Report (Doc. 139). Document filed by United States Of America.(McClellan, Jessica)
December 15, 2017 Opinion or Order Filing 142 ORDER with respect to #141 Letter Motion for Local Rule 37.2 Conference. GovLog shall respond no later than December 18, 2017, and counsel should be prepared to address the issues raised at the conference on December 19, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 15, 2017 Opinion or Order Filing 141 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Douglas M. Hottle dated December 15, 2017. Document filed by United States Of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McClellan, Jessica)
December 13, 2017 Opinion or Order Filing 140 MEMO ENDORSEMENT on re: #139 Letter filed by United States Of America. ENDORSEMENT: The Court is prepared to extend the fact discovery deadline, although not necessarily to June 15, 2018, and only if there is a detailed schedule with firm deadlines for the completion of document discovery (which should not be affected by crew members' unavailability) and a schedule of depositions. Counsel should confer in advance of the December 19, 2017 conference in an effort to agree upon such a schedule and be prepared to address it at the conference. If possible, counsel should submit a supplemental letter with a proposed schedule in advance of the conference. (Signed by Judge Jesse M. Furman on 12/13/2017) (ras)
December 12, 2017 Opinion or Order Filing 139 LETTER addressed to Judge Jesse M. Furman from Douglas M. Hottle dated December 12, 2017 re: Status Report. Document filed by United States Of America.(McClellan, Jessica)
November 30, 2017 Opinion or Order Filing 138 ANSWER to #136 Amended Complaint,. Document filed by United States Of America.(McClellan, Jessica)
November 1, 2017 Opinion or Order Filing 137 LETTER addressed to Judge Jesse M. Furman from Wayne D. Meehan dated November 1, 2017 re: Status Report. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
October 16, 2017 Opinion or Order Filing 136 SIXTH AMENDED COMPLAINT amending #77 Amended Complaint, #9 Complaint against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, GovLog NV, M/V Courage, Tote Service Inc., United States Of America.Document filed by Axa Corporate Solutions Deutschland. Related document: #77 Amended Complaint, #9 Complaint.(Casey, Martin)
October 16, 2017 Opinion or Order Filing 135 STIPULATION AND ORDER CONSENTING TO THE FILING OF BMW'S SIXTH AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, attorneys for the parties herein, that Plaintiff AXA Corporate Solutions Deutschland a/s/o BMW AG is permitted to file a Sixth Amended Complaint. It is further stipulated and agreed that Defendant United States of America will have 45 days to file its Answer the Sixth Amended Complaint and 60 days, to file its Answers to any crossclaims of counterclaims filed against the United States of America. Application GRANTED. Plaintiff shall file the new complaint within two days of this endorsement. All other dates and deadlines remain in effect. The Clerk of Court is directed to terminate Docket No. 131. Motions terminated: #131 LETTER MOTION for Leave to File Sixth Amended Complaint addressed to Judge Jesse M. Furman from Martin F Casey dated October 11, 2017, filed by Axa Corporate Solutions Deutschland. (Signed by Judge Jesse M. Furman on 10/16/2017) (ras)
October 16, 2017 Opinion or Order Filing 134 ORDER denying #132 Letter Motion to Compel Mr. Victoir, Ms. Rijnders to appear at depositions in Belgium during the week of November 13, 2017. The Court encourages counsel for GovLog to make his best efforts to arrange for the deposition of Mr. Victoir during the week of November 13th, when all counsel can be in Europe; and encourages counsel for all parties to continue their discussions with respect to whether there is an adequate alternative to deposing Ms. Rijnders. That said, the Court agrees with GovLog that there is no basis to grant the motion to compel, as the witnesses at issue are not parties to this lawsuit. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 12, 2017 Opinion or Order Filing 133 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from David Y. Loh dated October 12, 2017 re: #132 LETTER MOTION to Compel Mr. Victoir, Ms. Rijnders to appear at depositions in Belgium during the week of November 13, 2017 addressed to Judge Jesse M. Furman from Martin F Casey dated October 11, 2017. . Document filed by GovLog NV. (Loh, David)
October 11, 2017 Opinion or Order Filing 132 LETTER MOTION to Compel Mr. Victoir, Ms. Rijnders to appear at depositions in Belgium during the week of November 13, 2017 addressed to Judge Jesse M. Furman from Martin F Casey dated October 11, 2017. Document filed by Axa Corporate Solutions Deutschland. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Casey, Martin)
October 11, 2017 Opinion or Order Filing 131 LETTER MOTION for Leave to File Sixth Amended Complaint addressed to Judge Jesse M. Furman from Martin F Casey dated October 11, 2017. Document filed by Axa Corporate Solutions Deutschland. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order, #2 Exhibit ACS Sixth Amended Complaint)(Casey, Martin)
July 28, 2017 Opinion or Order Filing 130 SUPPLEMENTAL STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...The Court's Stipulated Protective Order dated March 10, 2017 (1:16-cv-4063 (JMF), ECF Doc. No. 109; 1:16-CV-4125 (JMF), ECF Doc. No. 77; 1:16-CV-4149 (JMF), ECF Doc. No. 79), is hereby supplemented and amended as follows: (See document). (Signed by Judge Jesse M. Furman on 7/27/2017) (ras)
July 27, 2017 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 7/27/2017. Court reporter present. -- See transcript. (ab)
July 25, 2017 Opinion or Order Filing 129 ORDER with respect to #127 Letter Motion for Extension of Time to Complete Discovery. The Court will address the motion at the conference on July 27, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 25, 2017 Opinion or Order Filing 128 LETTER addressed to Judge Jesse M. Furman from Wayne D. Meehan dated July 25, 2017 re: Status Report. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
July 25, 2017 Opinion or Order Filing 127 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #128 Letter) - LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Wayne D. Meehan dated July 25, 2017. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne) Modified on 7/26/2017 (db).
July 13, 2017 Opinion or Order Filing 126 ANSWER to #121 Crossclaim. Document filed by Ford Motor Company.(Guise, Clay)
July 11, 2017 Opinion or Order Filing 125 ANSWER to #121 Crossclaim. Document filed by United States Of America.(McClellan, Jessica)
June 23, 2017 Opinion or Order Filing 124 NOTICE OF APPEARANCE by James Paul Krauzlis on behalf of Axa Corporate Solutions Deutschland, BMW of North America LLC. (Krauzlis, James)
June 22, 2017 Opinion or Order Filing 123 ANSWER to #91 Crossclaim. Document filed by GovLog NV.(Loh, David)
June 22, 2017 Opinion or Order Filing 122 ANSWER to #89 Crossclaim. Document filed by GovLog NV.(Loh, David)
June 21, 2017 Opinion or Order Filing 121 ANSWER to #77 Amended Complaint,., CROSSCLAIM against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, Tote Service Inc., United States Of America. Document filed by GovLog NV.(Loh, David)
June 9, 2017 Opinion or Order Filing 120 NOTICE OF APPEARANCE by Thomas Mackinnon Brown on behalf of United States Of America. (Brown, Thomas)
May 19, 2017 Opinion or Order Filing 119 OPINION AND ORDER: For the reasons stated above, GovLog's motions to dismiss on the grounds of a lack of personal jurisdiction, improper venue, and forum non conveniens were DENIED. SO ORDERED (Signed by Judge Jesse M. Furman on 5/19/2017) (ama)
May 15, 2017 Opinion or Order Filing 118 ORDER: denying #84 Motion to Dismiss for Lack of Jurisdiction. For reasons to be provided in a forthcoming Opinion and Order, GovLog NV's motions to dismiss on the basis of lack of personal jurisdiction, improper venue, and forum non conveniens are DENIED. The Clerk of Court is directed to terminate 16-CV-4063 Docket No. 84, 16-CV-4125 Docket No. 56, and 16-CV-4149 Docket No. 58. (Docketed in case 16cv4063, 16cv4125, 16cv4149) (Signed by Judge Jesse M. Furman on 5/15/2017) (ap)
May 12, 2017 Opinion or Order Filing 117 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from David Y. Loh dated May 12, 2017 re: #115 LETTER MOTION for Leave to File Plaintiffs Move to Supplement their Opposition to GovLog's Motion to Dismiss (Docket Entry 84) addressed to Judge Jesse M. Furman from Martin F Casey dated May 9, 2017. . Document filed by GovLog NV. (Loh, David)
May 10, 2017 Opinion or Order Filing 116 ORDER granting #115 Letter Motion for Leave to File a Supplemental Submission in Opposition to GovLog's Motion to Dismiss. GovLog is granted leave to file a response to the supplemental submission, not to exceed three pages in length, no later than May 12, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 9, 2017 Opinion or Order Filing 115 LETTER MOTION for Leave to File Plaintiffs Move to Supplement their Opposition to GovLog's Motion to Dismiss (Docket Entry 84) addressed to Judge Jesse M. Furman from Martin F Casey dated May 9, 2017. Document filed by Axa Corporate Solutions Deutschland. (Attachments: #1 Exhibit ELSO tender for bids, #2 Exhibit GovLog bid on ELSO contract, #3 Exhibit ELSO acceptance of GovLog bid)(Casey, Martin)
April 27, 2017 Opinion or Order Filing 114 MEMO ENDORSEMENT: on re: (84 in 1:16-cv-04149-JMF) Letter, filed by Wallenius Wilhelmsen Logistics, American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership, Inc., Tote Services, Inc. ENDORSEMENT: Counsel for the vessel interests shall provide an update within two weeks. (Docketed in 16cv4125). (Signed by Judge Jesse M. Furman on 4/27/2017) (ap) Modified on 4/27/2017 (ap). Modified on 5/9/2017 (ap).
April 27, 2017 Opinion or Order Filing 113 LETTER addressed to Judge Jesse M. Furman from Wayne D. Meehan dated April 27, 2017 re: Status Report. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
April 10, 2017 Opinion or Order Filing 112 STIPULATION AND ORDER REGARDING THE VOYAGE DATA RECORDER (VDR) FROM THE M/V COURAGE: IT IS HEREBY STIPULATED BY ALL COUNSEL IN THE CAPTIONED ACTIONS AS FOLLOWS: 1. The Voyage Data Recorder ("VDR") from the MN Courage consists of a Data Collection Unit ("DCU") and a Data Recording Unit ("DRU"). According to the manufacturer's records, the units are as follows: (a) The DCU is a Model VR-3010s bearing SN: 44180308. (b) The DRU is a Model VR-5020 bearing SN: 15047. 2. The DCU and the DRU are subject to the control of the Vessel Interests. These units are or will be in the possession of counsel for the Vessel Interests, Wayne Meehan. 3. It is material to the parties' ongoing fact investigation to obtain a complete download of any and all data stored on the DCU and DRU, as well as any other electronic information that may be available from an examination of these units. 4. The DCU and DRU were manufactured by Furuno. Furuno USA routinely provides services to download the data and retrieve electronic information from these units. 5. The parties agree to take whatever steps are necessary to deliver the DRU and DCU to the custody and control of authorized representatives of Furuno USA. The parties authorize Furuno to follow its standard protocol to download all data stored on the DRU and the DCU and to retrieve any other electronic information that is available from these units. 6. The parties agree to share equally the cost of Furuno's services regarding the work described in paragraph 5. 7. After an appropriate review for any communications claimed to be protected by the attorney client privilege, each party will receive a full and complete report of the results of the download of the DRU and DCU, and any other information that is available from these units. In the event that the Vessel Interests assert privilege with respect to any communications recovered by Furuno they will promptly serve on all parties a privilege log that identifies all such communications in sufficient detail to describe the full and complete basis for the claim of privilege. Any such communications shall not be included initially in the reports supplied to each party. The burden shall remain on the Vessel Interests to establish privilege. 8. After the replies have been delivered by Furuno and the parties confirm that no further work will be requested of Furno, the DRU and DCU will be returned to counsel for the Vessel Interests for the preservation and safe keeping until further notice and for possible further forensic analysis. 9. By agreeing to participate in the above-referenced download of data, it is understood and agreed that defendant GovLog NV has not waived its arguments concerning personal jurisdiction, improper forum and forum non conveniens. The Court having reviewed and approved the above Stipulation of the parties, It is so Ordered, this 10th day of April, 2017. (Signed by Judge Jesse M. Furman on 4/10/2017) (jwh) Modified on 4/11/2017 (jwh).
April 5, 2017 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 4/5/2017. Court reporter present. -- See transcript. (ab)
April 5, 2017 Opinion or Order Filing 111 ORDER: As stated on the record at the conference held earlier today, the fact discovery deadline for these cases has been extended to August 11, 2017. The parties shall appear for another conference on July 27, 2017, at 3:30 p.m. No later than the Thursday prior to that conference, the parties shall submit a status letter updating the Court on the status of discovery and proposing an agenda for the conference. (Fact Discovery due by 8/11/2017., Status Conference set for 7/27/2017 at 03:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/5/2017) (ras)
March 29, 2017 Opinion or Order Filing 110 STATUS REPORT. Document filed by Axa Corporate Solutions Deutschland.(Casey, Martin)
March 10, 2017 Opinion or Order Filing 109 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices. To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. (Signed by Judge Jesse M. Furman on 3/10/2017) (kgo) Modified on 3/20/2017 (kgo).
March 7, 2017 Opinion or Order Filing 108 LETTER addressed to Judge Jesse M. Furman from James P. Feeney dated 03/07/2017 re: Stipulated Protective Order. Document filed by Ford Motor Company. (Attachments: #1 Text of Proposed Order Protective Order)(Feeney, James)
March 2, 2017 Opinion or Order Filing 107 NOTICE of Service of Initial Disclosures. Document filed by United States Of America. (McClellan, Jessica)
February 24, 2017 Opinion or Order Filing 106 REPLY MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens. . Document filed by GovLog NV. (Loh, David)
February 24, 2017 Opinion or Order Filing 105 AMENDED ANSWER to #91 Answer to Amended Complaint, Crossclaim., CROSSCLAIM against American Roll-on Roll-Off Carrier LLC, Axa Corporate Solutions Deutschland, Fidelio Limited Partnership Inc., GovLog NV, HDI Global SE, International Auto Logistics, Inc., M/V Courage(her engines, tackle, boilers, etc., in rem), Mary Smith, Tote Service Inc., United States Of America. Document filed by Ford Motor Company. (Fazio, Peter)
February 21, 2017 Opinion or Order Filing 104 ANSWER to #91 , #90 , #77 Crossclaim., ANSWER to #91 , #90 , #77 Crossclaim., ANSWER to #91 Answer to Amended Complaint, Crossclaim, #90 Answer to Amended Complaint, Crossclaim,, #77 Amended Complaint,. Document filed by United States Of America.(McClellan, Jessica)
February 10, 2017 Opinion or Order Filing 103 DECLARATION of Sandra Santianna in Opposition re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens.. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Venezia, Gina)
February 10, 2017 Opinion or Order Filing 102 DECLARATION of Gina Venezia in Opposition re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens.. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Attachments: #1 Exhibit 4, #2 Exhibit 5)(Venezia, Gina)
February 10, 2017 Opinion or Order Filing 101 MEMORANDUM OF LAW in Opposition re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens. . Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Venezia, Gina)
February 10, 2017 Opinion or Order Filing 100 DECLARATION of Martin F. Casey in Opposition re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens.. Document filed by Axa Corporate Solutions Deutschland. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Casey, Martin)
February 10, 2017 Opinion or Order Filing 99 MEMORANDUM OF LAW in Opposition re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens. . Document filed by Axa Corporate Solutions Deutschland. (Casey, Martin)
February 9, 2017 Opinion or Order Filing 98 DECLARATION of Peter J. Fazio in Opposition re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens.. Document filed by Ford Motor Company. (Attachments: #1 Exhibit Exhibit A Cargo Manifest)(Fazio, Peter)
February 9, 2017 Opinion or Order Filing 97 FIRST MEMORANDUM OF LAW in Opposition re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens. . Document filed by Ford Motor Company. (Fazio, Peter)
February 8, 2017 Opinion or Order Filing 96 ORDER granting #95 Letter Motion for Extension of Time. The deadline is hereby extended to February 10, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 8, 2017 Opinion or Order Filing 95 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Wayne D. Meehan seeking 1-day adjournment of briefing deadline on Motion to Dismiss dated February 8, 2017. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
February 6, 2017 Opinion or Order Filing 94 ORDER granting #93 Motion for Clay Adams Guise to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 6, 2017 Opinion or Order Filing 93 MOTION for Clay Adams Guise to Appear Pro Hac Vice Corrected Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ford Motor Company.(Guise, Clay)
February 6, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #93 MOTION for Clay Adams Guise to Appear Pro Hac Vice Corrected Motion for Admission 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. (wb)
February 3, 2017 Opinion or Order Filing 92 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Clay Adams Guise to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-13275560. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ford Motor Company.(Guise, Clay) Modified on 2/3/2017 (bcu).
February 3, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #92 MOTION for Clay Adams Guise to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-13275560. Motion and supporting papers to be reviewed by Clerk's Office staff.>/FONT.. The filing is deficient for the following reason(s): Two Documents are not labeled. Please re-file and make sure your documents are properly labeled.;. Re-file the motion as a Corrected 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.. (bcu)
February 1, 2017 Opinion or Order Filing 91 ANSWER to #77 Amended Complaint,., CROSSCLAIM against GovLog NV, United States Of America. Document filed by Tote Service Inc., Fidelio Limited Partnership Inc., American Roll-on Roll-Off Carrier LLC.(Meehan, Wayne)
January 26, 2017 Opinion or Order Filing 90 ANSWER to #77 Amended Complaint, with JURY DEMAND., CROSSCLAIM against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., GovLog NV, M/V Courage(her engines, tackle, boilers, etc., in rem), Mary Smith, Tote Service Inc., United States Of America. Document filed by Ford Motor Company.(Fazio, Peter)
January 26, 2017 Opinion or Order Filing 89 ANSWER to #75 Crossclaim., CROSSCLAIM against American Roll-on Roll-Off Carrier LLC, Axa Corporate Solutions Deutschland, Fidelio Limited Partnership Inc., GovLog NV, Tote Service Inc., United States Of America. Document filed by Ford Motor Company.(Fazio, Peter)
January 23, 2017 Opinion or Order Filing 88 ORDER denying as moot #78 Motion to Dismiss for Lack of Jurisdiction. In light of Defendant GovLog NV's new motion to dismiss (16-CV-4063, Docket No. 84; 16-CV-4125, Docket No. 56; 16-CV-4149, Docket No. 58), the earlier motion to dismiss (16-CV-4063, Docket No. 78) is denied as moot. Plaintiffs' oppositions to the new motions to dismiss are due February 9, 2017; Defendant's reply, if any, is due February 24, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 20, 2017 Opinion or Order Filing 87 AFFIDAVIT of David Y. Loh in Support re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens.. Document filed by GovLog NV. (Attachments: #1 Exhibit A to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss BMW's Complaint and Cross Claims, #2 Exhibit B to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss BMW's Complaint and Cross Claims, #3 Exhibit C to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss BMW's Complaint and Cross Claims, #4 Exhibit D to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss BMW's Complaint and Cross Claims, #5 Exhibit E to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss BMW's Complaint and Cross Claims, #6 Exhibit F to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss BMW's Complaint and Cross Claims, #7 Exhibit G to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss BMW's Complaint and Cross Claims)(Loh, David)
January 20, 2017 Opinion or Order Filing 86 MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens. . Document filed by GovLog NV. (Loh, David)
January 20, 2017 Opinion or Order Filing 85 DECLARATION of Stephan Geurts Jr. in Support re: #84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens.. Document filed by GovLog NV. (Loh, David)
January 20, 2017 Opinion or Order Filing 84 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue and Forum Non Conveniens. Document filed by GovLog NV. Responses due by 2/9/2017(Loh, David)
January 17, 2017 Opinion or Order Filing 83 ORDER granting #82 Letter Motion for Leave to File Document; granting #82 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. The Clerk of Court is directed to terminate Docket No.82 in 16-CV-4063 (JMF). (Signed by Judge Jesse M. Furman on 1/17/2017) (mro)
January 13, 2017 Opinion or Order Filing 82 LETTER MOTION for Leave to File GOVLOG'S moving papers, opposition papers and reply papers addressed to Judge Jesse M. Furman from David Y. Loh dated January 13, 2017., LETTER MOTION for Extension of Time to File Response/Reply as to #69 Order, Set Deadlines,,,,,,,,,,,,,,,,,, addressed to Judge Jesse M. Furman from David Y. Loh dated January 13, 2017. Document filed by GovLog NV.(Loh, David)
January 13, 2017 Opinion or Order Filing 81 MEMORANDUM OF LAW in Support re: #78 MOTION to Dismiss for Lack of Jurisdiction Improper Venue and Forum Non Conveniens. . Document filed by GovLog NV. (Loh, David)
January 13, 2017 Opinion or Order Filing 80 AFFIDAVIT of David Y. Loh in Support re: #78 MOTION to Dismiss for Lack of Jurisdiction Improper Venue and Forum Non Conveniens.. Document filed by GovLog NV. (Attachments: #1 Exhibit A to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #2 Exhibit B to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #3 Exhibit C to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #4 Exhibit D to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #5 Exhibit E to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #6 Exhibit F to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #7 Exhibit G to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #8 Exhibit H to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #9 Exhibit I to the Affidavit of David Y. Loh in Support of Govlog's NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens)(Loh, David)
January 13, 2017 Opinion or Order Filing 79 DECLARATION of Stephan Geurts in Support re: #78 MOTION to Dismiss for Lack of Jurisdiction Improper Venue and Forum Non Conveniens.. Document filed by GovLog NV. (Loh, David)
January 13, 2017 Opinion or Order Filing 78 MOTION to Dismiss for Lack of Jurisdiction Improper Venue and Forum Non Conveniens. Document filed by GovLog NV.(Loh, David)
January 12, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Yita Loh to RE-FILE Document #67 MOTION to Dismiss Complaint for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion and Declaration in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
January 12, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Yita Loh to RE-FILE Document #68 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (ldi)
January 9, 2017 Opinion or Order Filing 77 FIFTH AMENDED COMPLAINT amending #76 Amended Complaint, #56 Amended Complaint, against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, GovLog NV, M/V Courage, Tote Service Inc., United States Of America.Document filed by Axa Corporate Solutions Deutschland. Related document: #76 Amended Complaint, filed by Axa Corporate Solutions Deutschland, #56 Amended Complaint, filed by Axa Corporate Solutions Deutschland.(Casey, Martin)
January 9, 2017 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Martin Casey to RE-FILE Document No. #76 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq)
January 6, 2017 Opinion or Order Filing 76 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIFTH AMENDED COMPLAINT amending #56 Amended Complaint, against All Defendants.Document filed by Axa Corporate Solutions Deutschland. Related document: #56 Amended Complaint, filed by Axa Corporate Solutions Deutschland.(Casey, Martin) Modified on 1/9/2017 (laq).
January 5, 2017 Opinion or Order Filing 75 ANSWER to #56 Amended Complaint,., CROSSCLAIM against Ford Motor Company, GovLog NV, United States Of America. Document filed by Fidelio Limited Partnership Inc., American Roll-on Roll-Off Carrier LLC, Tote Service Inc..(Meehan, Wayne)
January 5, 2017 Opinion or Order Filing 74 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc..(Meehan, Wayne)
December 27, 2016 Opinion or Order Filing 73 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. United States Of America served on 12/22/2016, answer due 1/12/2017. Service was accepted by Mr. Haojun. Document filed by Axa Corporate Solutions Deutschland. (Attachments: #1 Exhibit Affidavit of Service)(Casey, Martin)
December 22, 2016 Opinion or Order Filing 72 ANSWER to #57 Amended Complaint, with JURY DEMAND., CROSSCLAIM against American Roll-on Roll-Off Carrier LLC, Axa Corporate Solutions Deutschland, Fidelio Limited Partnership Inc., GovLog NV, HDI Global SE, International Auto Logistics, Inc., M/V Courage(her engines, tackle, boilers, etc., in rem), Mary Smith, Tote Service Inc., United States Of America. Document filed by Ford Motor Company.(Fazio, Peter)
December 22, 2016 Opinion or Order Filing 71 ANSWER to #66 Complaint, with JURY DEMAND., CROSSCLAIM against American Roll-on Roll-Off Carrier LLC, Axa Corporate Solutions Deutschland, Fidelio Limited Partnership Inc., GovLog NV, HDI Global SE, International Auto Logistics, Inc., M/V Courage(her engines, tackle, boilers, etc., in rem), Mary Smith, Tote Service Inc., United States Of America. Document filed by Ford Motor Company.(Fazio, Peter)
December 22, 2016 Opinion or Order Filing 70 ANSWER to #56 Amended Complaint, with JURY DEMAND., CROSSCLAIM against American Roll-on Roll-Off Carrier LLC, Axa Corporate Solutions Deutschland, Fidelio Limited Partnership Inc., GovLog NV, HDI Global SE, International Auto Logistics, Inc., M/V Courage, Mary Smith, Tote Service Inc., United States Of America. Document filed by Ford Motor Company.(Fazio, Peter)
December 20, 2016 Opinion or Order Filing 69 ORDER: On December 16, 2016, Defendant GovLog NV filed a motion to dismiss the complaints in these cases under Rule 12(b) of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has twenty-one (21) days after the service of a motion under Rule 12(b) to amend a complaint once as a matter of course. Accordingly, it is hereby ORDERED that Plaintiffs shall file any amended complaints by January 6, 2017. Plaintiffs will not be given any further opportunity to amend the complaints to address issues raised by the motion to dismiss. If any Plaintiff does amend, by three (3) weeks after the amended complaint(s) are filed, Defendant GovLog NV shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff(s), stating that it relies on the previously filed motion(s) to dismiss. If Defendant GovLog files an answer or a new motion to dismiss, the Court will deny the relevant previously filed motion to dismiss as moot. It is further ORDERED that if no amended complaint is filed, the relevant Plaintiff(s) shall serve any oppositions to the motion to dismiss by January 6, 2017. Defendant's reply or replies, if any, shall be served by January 13, 2017. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. Upon reflection, the Court finds that consolidation of these three cases has caused more confusion than judicial efficiency. The Clerk of Court is directed to revert to treating the above-captioned cases as related, but otherwise independent. The parties are directed that, going forward, any filings should be made in the docket of the appropriate case number(s). Anything that pertains to all three cases should be filed in all three dockets. In light of the foregoing, Plaintiff HDI Global SE should immediately file its Second Amended Complaint (16-CV-4063, Docket No. 59) in 16-CV-4125 and name the United States of America as a party to that action. ( Amended Pleadings due by 1/6/2017.) (Signed by Judge Jesse M. Furman on 12/19/2016) Filed In Associated Cases: 1:16-cv-04063-JMF, 1:16-cv-04125-JMF, 1:16-cv-04149-JMF(mro)
December 16, 2016 Opinion or Order Filing 68 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss Complaint for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens. . Document filed by GovLog NV. (Loh, David) Modified on 1/12/2017 (ldi).
December 16, 2016 Opinion or Order Filing 67 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Complaint for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens. Document filed by GovLog NV. (Attachments: #1 Affidavit David Y. Loh in Support of Govlog NV's Motiotn to Dismiss Complaint, #2 Exhibit A to Affidavit of David Y. Loh in Support of Govlog NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #3 Exhibit B to Affidavit of David Y. Loh in Support of Govlog NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #4 Exhibit C to Affidavit of David Y. Loh in Support of Govlog NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #5 Exhibit D to Affidavit of David Y. Loh in Support of Govlog NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #6 Exhibit E to Affidavit of David Y. Loh in Support of Govlog NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #7 Exhibit F to Affidavit of David Y. Loh in Support of Govlog NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #8 Exhibit G to Affidavit of David Y. Loh in Support of Govlog NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #9 Exhibit H to Affidavit of David Y. Loh in Support of Govlog NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #10 Exhibit I to Affidavit of David Y. Loh in Support of Govlog NV's Motion to Dismiss Complaints for Lack of Personal Jurisdiction, Improper Venue and Forum Non Conveniens, #11 Declaration of Stephan Geurts Jr. in Support of Govlog NV's Motion to Dismiss Complaint)(Loh, David) Modified on 1/12/2017 (ldi).
December 12, 2016 Opinion or Order Filing 66 COMPLAINT against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, GovLog NV, M/V Courage, Tote Service Inc., United States Of America, Wallenius Wilhelmsen Logistics. Document filed by International Auto Logistics, Inc..(Sullivan, John)
December 12, 2016 Opinion or Order Filing 65 NOTICE OF APPEARANCE by Jessica Langston McClellan on behalf of United States Of America. (McClellan, Jessica)
December 12, 2016 Opinion or Order Filing 64 NOTICE OF APPEARANCE by Matthew Robb Hyde on behalf of United States Of America. (Hyde, Matthew)
December 12, 2016 Opinion or Order Filing 63 NOTICE OF APPEARANCE by Douglas Morgan Hottle on behalf of United States Of America. (Hottle, Douglas)
December 6, 2016 Opinion or Order Filing 62 ELECTRONIC SUMMONS ISSUED as to United States Of America. (pc)
December 6, 2016 Opinion or Order Filing 61 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: (56 in 1:16-cv-04063-JMF) Amended Complaint,. Document filed by HDI Global SE. Filed In Associated Cases: 1:16-cv-04063-JMF, 1:16-cv-04125-JMF(Casey, Martin) Modified on 12/6/2016 (pc). Modified on 12/6/2016 (pc).
December 6, 2016 Opinion or Order Filing 60 ORDER granting #59 Letter Motion for Leave to File Second Amended Complaint. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 6, 2016 Opinion or Order Filing 59 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Jesse M. Furman from John J. Sullivan dated 12/6/2016. Document filed by International Auto Logistics, Inc.. (Attachments: #1 Exhibit 1 - (Proposed Second Amended Complaint))Filed In Associated Cases: 1:16-cv-04063-JMF, 1:16-cv-04149-JMF(Sullivan, John)
December 5, 2016 Opinion or Order Filing 58 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: #57 Amended Complaint,. Document filed by Axa Corporate Solutions Deutschland. (Casey, Martin)
December 5, 2016 Opinion or Order Filing 57 SECOND AMENDED COMPLAINT amending #9 Complaint against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, GovLog NV, M/V Courage, Tote Service Inc., United States Of America.Document filed by HDI Global SE. Related document: #9 Complaint filed by BMW of North America LLC.(Casey, Martin)
December 5, 2016 Opinion or Order Filing 56 FOURTH AMENDED COMPLAINT amending #33 Amended Complaint against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, GovLog NV, M/V Courage, Tote Service Inc., United States Of America.Document filed by Axa Corporate Solutions Deutschland. Related document: #9 Complaint filed by BMW of North America LLC.(Casey, Martin) Modified on 12/6/2016 (pc).
December 2, 2016 Opinion or Order Filing 55 ORDER granting (54) Letter Motion for Leave to File Amended Complaint. Counsel shall file an amended complaint no later than December 12, 2016. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) Filed In Associated Cases: 1:16-cv-04063-JMF, 1:16-cv-04125-JMF, 1:16-cv-04149-JMF (Furman, Jesse)
December 2, 2016 Opinion or Order Filing 54 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Jesse M. Furman from Martin F Casey dated December 2, 2016. Document filed by Axa Corporate Solutions Deutschland, HDI Global SE.(Casey, Martin)
December 1, 2016 Opinion or Order Filing 53 CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Mary Smith served on 10/27/2016, answer due 11/17/2016. Service was made by MAIL. Document filed by Axa Corporate Solutions Deutschland. (Attachments: #1 Exhibit 1)(Casey, Martin)
November 4, 2016 Opinion or Order Filing 52 ORDER granting in part and denying in part (51) Letter Motion for Extension of Time in case 1:16-cv-04063-JMF. The Court is in agreement that the interest in having continuity of the expert involved in the inspections justifies delaying next week's inspection. That said, the Court is not entirely persuaded that that delay of the inspections would require extension of the fact and expert discovery deadlines, let alone justify a comparable extension of those deadlines, which are already quite far out. The Court will grant a reasonable extension if it proves necessary, but is inclined to think that whether it is necessary and, if it is, what qualifies as reasonable will be clearer a few months from now. To that end, counsel should postpone the inspection, but the Court denies the request to extend the fact and expert discovery deadlines without prejudice to a renewed application after the inspections take place. The Court is content to address whether the deadlines should be extended and by how much at the April 5, 2017 conference, but if counsel believe that the Court should resolve those questions sooner than that they should confer and submit a proposal to the Court. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) Filed In Associated Cases: 1:16-cv-04063-JMF, 1:16-cv-04125-JMF, 1:16-cv-04149-JMF (Furman, Jesse)
November 3, 2016 Opinion or Order Filing 51 LETTER MOTION for Extension of Time to extend the fact and discovery deadlines addressed to Judge Jesse M. Furman from Wayne D. Meehan dated 11/03/2016. Document filed by American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc., Wallenius Wilhelmsen Logistics.(Meehan, Wayne)
October 28, 2016 Opinion or Order Filing 50 ORDER granting (49) Letter Motion for Extension of Time to move to dismiss be adjourned to January 2, 2017 and time to request leave to amend pleadings and join additional parties to be extended to January 2, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) Filed In Associated Cases: 1:16-cv-04063-JMF, 1:16-cv-04125-JMF, 1:16-cv-04149-JMF (Furman, Jesse)
October 28, 2016 Opinion or Order Filing 49 LETTER MOTION for Extension of Time to move to dismiss be adjourned to January 2, 2017 and time to request leave to amend pleadings and join additional parties to be extended to January 2, 2017 addressed to Judge Jesse M. Furman from David Y. Loh dated October 28, 2016. Document filed by GovLog NV.(Loh, David)
October 21, 2016 Opinion or Order Filing 48 ANSWER to #38 Amended Complaint, with JURY DEMAND., CROSSCLAIM against American Roll-on Roll-Off Carrier LLC, Axa Corporate Solutions Deutschland, Fidelio Limited Partnership Inc., GovLog NV, HDI Global SE, International Auto Logistics, Inc., M/V Courage. Document filed by Ford Motor Company.(Fazio, Peter)
October 11, 2016 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 10/11/2016. (ab)
October 11, 2016 Opinion or Order Filing 47 ORDER: At the October 11, 2016 Conference, all parties indicated that they were in favor of consolidation of the above-captioned cases. In light of this, and upon review of the complaints in all three cases, the Court agrees that the cases are substantially similar and that judicial efficiency would be promoted by their consolidation. As the above-captioned actions involve common questions of law and fact and parties agree that consolidation is appropriate, it is hereby ORDERED that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, they are consolidated under the case number 16-CV-4063. The Clerk of court is directed to consolidate the above-captioned actions under case number 16-CV-4063, and to close 16-CV-4125 and 16-CV-4149. (Signed by Judge Jesse M. Furman on 10/11/2016) (cla)
October 11, 2016 Opinion or Order Filing 46 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All partied do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Motions due by 11/10/2016. Responses due by 11/23/2016 Replies due by 12/2/2016. Fact Discovery due by 6/30/2017. Expert Discovery due by 11/30/2016. Pretrial Conference set for 4/5/2017 at 03:30 PM before Judge Jesse M. Furman. This case is not to be tried to a jury, subject to Ford's jury trial demand. Counsel for the parties have conferred, and the present best estimate of the length of trial is two weeks. (Signed by Judge Jesse M. Furman on 10/11/2016) (cla)
October 6, 2016 Opinion or Order Filing 45 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Axa Corporate Solutions Deutschland. (Attachments: #1 Exhibit Proposed Case Management Plan)(Casey, Martin)
September 28, 2016 Opinion or Order Filing 44 WAIVER OF SERVICE RETURNED EXECUTED. GovLog NV waiver sent on 9/28/2016, answer due 12/27/2016. Document filed by Axa Corporate Solutions Deutschland. (Attachments: #1 Exhibit waiver of service of summons)(Casey, Martin)
September 27, 2016 Opinion or Order Filing 43 ANSWER to #33 Amended Complaint, with JURY DEMAND. Document filed by Ford Motor Company.(Fazio, Peter)
September 22, 2016 Opinion or Order Filing 42 ORDER granting #40 Motion for James P. Feeney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 22, 2016 Opinion or Order Filing 41 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Mary Smith served on 9/20/2016, answer due 10/11/2016. Service was accepted by Israel Minaya. Document filed by Axa Corporate Solutions Deutschland. (Attachments: #1 Affidavit)(Casey, Martin)
September 21, 2016 Opinion or Order Filing 40 MOTION for James P. Feeney to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-12783044. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ford Motor Company.(Feeney, James)
September 21, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for James P. Feeney to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-12783044. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 19, 2016 Opinion or Order Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AXA SA for Axa Corporate Solutions Deutschland. Document filed by Axa Corporate Solutions Deutschland.(Casey, Martin)
September 19, 2016 Opinion or Order Filing 38 THIRD AMENDED COMPLAINT amending #33 Amended Complaint, against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, GovLog NV, M/V Courage, Mary Smith, Tote Service Inc..Document filed by Axa Corporate Solutions Deutschland. Related document: #33 Amended Complaint, filed by BMW of North America LLC.(Casey, Martin)
September 13, 2016 Opinion or Order Filing 37 ANSWER to #17 Amended Complaint, with JURY DEMAND. Document filed by Ford Motor Company.(Fazio, Peter)
September 13, 2016 Opinion or Order Filing 36 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate State Street Corporation for Ford Motor Company. Document filed by Ford Motor Company.(Fazio, Peter)
September 2, 2016 Opinion or Order Filing 35 ELECTRONIC SUMMONS ISSUED as to Mary Smith. (dgo)
September 1, 2016 Opinion or Order Filing 34 REQUEST FOR ISSUANCE OF SUMMONS as to Mary Smith, re: #33 Amended Complaint,. Document filed by BMW of North America LLC. (Casey, Martin)
September 1, 2016 Opinion or Order Filing 33 SECOND AMENDED COMPLAINT amending #17 Amended Complaint, against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, GovLog NV, M/V Courage, Tote Service Inc., Mary Smith.Document filed by BMW of North America LLC. Related document: #17 Amended Complaint, filed by BMW of North America LLC.(Casey, Martin)
August 30, 2016 Opinion or Order Filing 32 WAIVER OF SERVICE RETURNED EXECUTED. Fidelio Limited Partnership Inc. waiver sent on 8/29/2016, answer due 10/28/2016. Document filed by BMW of North America LLC. (Attachments: #1 Exhibit waiver of service of summons)(Casey, Martin)
August 30, 2016 Opinion or Order Filing 31 WAIVER OF SERVICE RETURNED EXECUTED. American Roll-on Roll-Off Carrier LLC waiver sent on 8/29/2016, answer due 10/28/2016. Document filed by BMW of North America LLC. (Attachments: #1 Exhibit waiver of service of summons)(Casey, Martin)
August 30, 2016 Opinion or Order Filing 30 ORDER granting #27 Letter Motion to Adjourn Conference: Application GRANTED. The initial conference in all three cases is ADJOURNED to October 11, 2016, at 12:00 p.m. No further requests for adjournment are likely to be granted. The Clerk of Court is directed to docket this letter in all three dockets referenced above and to terminate Docket No. 27 in 16-CV-4063. SO ORDERED. Initial Conference set for 10/11/2016 at 12:00 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/30/2016) (tn)
August 29, 2016 Opinion or Order Filing 29 ORDER granting #26 Letter Motion for Extension of Time to serve Summons and Complaint. The motion is granted, but ONLY as to Defendant GovLog. As to GovLog, Plaintiff is granted an additional sixty days to complete service. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 29, 2016 Opinion or Order Filing 28 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Ford Motor Company served on 8/24/2016, answer due 9/14/2016. Service was accepted by Elena Bou, Process Clerk for CT Corporation System. Document filed by BMW of North America LLC. (Attachments: #1 Affidavit Affidavit of Service)(Casey, Martin)
August 29, 2016 Opinion or Order Filing 27 LETTER MOTION to Adjourn Conference scheduled for September 7, 2016 addressed to Judge Jesse M. Furman from Martin F Casey dated August 29, 2016. Document filed by BMW of North America LLC.(Casey, Martin)
August 26, 2016 Opinion or Order Filing 26 MOTION for Extension of Time Extending Time to serve Summons and Complaint on Defendants. Document filed by BMW of North America LLC. (Attachments: #1 Affidavit Declaration of Martin F. Casey)(Casey, Martin)
August 10, 2016 Opinion or Order Filing 25 NOTICE OF APPEARANCE by Yaakov U. Adler on behalf of American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Adler, Yaakov)
August 10, 2016 Opinion or Order Filing 24 NOTICE OF APPEARANCE by Gina Maria Venezia on behalf of American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Venezia, Gina)
August 10, 2016 Opinion or Order Filing 23 NOTICE OF APPEARANCE by Wayne D. Meehan on behalf of American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Tote Service Inc.. (Meehan, Wayne)
July 19, 2016 Opinion or Order Filing 22 NOTICE OF APPEARANCE by David Yita Loh on behalf of GovLog NV. (Loh, David)
June 20, 2016 Opinion or Order Filing 21 ORDER granting #20 Letter Motion to Adjourn Conference: Application GRANTED. The initial conference in all three cases is ADJOURNED to September 7, 2016, at 4:15 p.m. The Clerk of Court is directed to docket this letter in all three dockets referenced above and to terminate Docket No. 20 in 16-CV-4063. SO ORDERED. Initial Conference set for 9/7/2016 at 04:15 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 6/20/2016) (tn)
June 17, 2016 Opinion or Order Filing 20 JOINT LETTER MOTION to Adjourn Conference scheduled for August 16, 2016 addressed to Judge Jesse M. Furman from Martin F Casey dated June 17, 2016. Document filed by BMW of North America LLC.(Casey, Martin)
June 6, 2016 Opinion or Order Filing 19 ELECTRONIC SUMMONS ISSUED as to Tote Service Inc.. (dgo)
June 3, 2016 Opinion or Order Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Tote Service Inc., re: #17 Amended Complaint,. Document filed by BMW of North America LLC. (Casey, Martin)
June 3, 2016 Opinion or Order Filing 17 AMENDED COMPLAINT amending #9 Complaint against American Roll-on Roll-Off Carrier LLC, Fidelio Limited Partnership Inc., Ford Motor Company, GovLog NV, M/V Courage, Tote Service Inc..Document filed by BMW of North America LLC. Related document: #9 Complaint filed by BMW of North America LLC.(Casey, Martin)
June 3, 2016 Opinion or Order Filing 16 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/16/2016 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 6/2/2016) (tn)
June 2, 2016 Opinion or Order Filing 15 ELECTRONIC SUMMONS ISSUED as to Ford Motor Company. (rch)
June 2, 2016 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Gregory George Barnett on behalf of BMW of North America LLC. (Barnett, Gregory)
June 2, 2016 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to GovLog NV. (rch)
June 2, 2016 Opinion or Order Filing 12 ELECTRONIC SUMMONS ISSUED as to Crowley Technical Management Inc.. (rch)
June 2, 2016 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to American Roll-on Roll-Off Carrier LLC. (rch)
June 2, 2016 Opinion or Order Filing 10 ELECTRONIC SUMMONS ISSUED as to Fidelio Limited Partnership Inc.. (rch)
June 2, 2016 Opinion or Order Filing 9 COMPLAINT against American Roll-on Roll-Off Carrier LLC, Crowley Technical Management Inc., Fidelio Limited Partnership Inc., Ford Motor Company, GovLog NV, M/V Courage. Document filed by BMW of North America LLC.(Casey, Martin)
June 2, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Martin F Casey to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (rch)
June 2, 2016 Opinion or Order Case Designated ECF. (rch)
June 2, 2016 Opinion or Order Magistrate Judge Henry B. Pitman is so designated. (rch)
June 2, 2016 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch)
June 2, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Martin F Casey. The party information for the following party/parties has been modified: M/V Courage, in rem. The information for the party/parties has been modified for the following reason/reasons: party text modified. (rch)
June 1, 2016 Opinion or Order Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BMW Group International for BMW of North America LLC. Document filed by BMW of North America LLC.(Casey, Martin)
June 1, 2016 Opinion or Order Filing 7 CIVIL COVER SHEET filed. (Casey, Martin)
June 1, 2016 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Ford Motor Company, re: #1 Complaint. Document filed by BMW of North America LLC. (Casey, Martin)
June 1, 2016 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to GovLog NV, re: #1 Complaint. Document filed by BMW of North America LLC. (Casey, Martin)
June 1, 2016 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Crowley Technical Management Inc., re: #1 Complaint. Document filed by BMW of North America LLC. (Casey, Martin)
June 1, 2016 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to American Roll-On Roll-Off Carrier LLC, re: #1 Complaint. Document filed by BMW of North America LLC. (Casey, Martin)
June 1, 2016 Opinion or Order Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to FIdelio Limited Partnership, Inc., re: #1 Complaint. Document filed by BMW of North America LLC. (Casey, Martin)
June 1, 2016 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-12364954)Document filed by BMW of North America LLC.(Casey, Martin) Modified on 6/2/2016 (rch).

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Search for this case: BMW of North America LLC v. M/V Courage, in rem et al
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Plaintiff: BMW of North America LLC
Represented By: Gregory George Barnett
Represented By: James Paul Krauzlis
Represented By: Martin F Casey
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Plaintiff: Axa Corporate Solutions Deutschland
Represented By: James Paul Krauzlis
Represented By: Martin F Casey
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Defendant: M/V Courage, in rem
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Defendant: Fidelio Limited Partnership Inc.
Represented By: Don Philip Murnane, Jr
Represented By: Gina Maria Venezia
Represented By: Wayne D. Meehan
Represented By: Yaakov U. Adler
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Defendant: American Roll-on Roll-Off Carrier LLC
Represented By: Wayne D. Meehan
Represented By: Don Philip Murnane, Jr
Represented By: Gina Maria Venezia
Represented By: Yaakov U. Adler
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Defendant: Crowley Technical Management Inc.
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Defendant: GovLog NV
Represented By: David Yita Loh
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Defendant: Ford Motor Company
Represented By: Peter Joseph Fazio
Represented By: Clay Adams Guise
Represented By: James Powell Feeney
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Defendant: M/V Courage
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Defendant: Tote Service Inc.
Represented By: Don Philip Murnane, Jr
Represented By: Gina Maria Venezia
Represented By: Wayne D. Meehan
Represented By: Yaakov U. Adler
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Defendant: Mary Smith
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Defendant: United States Of America
Represented By: Douglas Morgan Hottle
Represented By: David Yita Loh
Represented By: Jessica Langston McClellan
Represented By: Matthew Robb Hyde
Represented By: Thomas Mackinnon Brown
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Cross defendant: HDI Global SE
Represented By: Gregory George Barnett
Represented By: Martin F Casey
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Cross defendant: International Auto Logistics, Inc.
Represented By: John James Sullivan
Represented By: Thomas Earl Willoughby
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