Saray Dokum ve Madeni Aksam Sanayi Turizm A.S. v. MTS Logistics, Inc.
| Saray Dokum ve Madeni Aksam Sanayi Turizm A.S. |
| MTS Logistics Inc. |
| 1:2017cv07495 |
| October 2, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul G. Gardephe |
| Other Contract |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
205
JUDGMENT on Attorney Fees. Fees in favor of MTS Logistics Inc. against Saray Dokum ve Madeni Aksam Sanayi Turizm A.S. in the amount of $ 295,000.00. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Findings of Fact and Conclusions of Law dated August 11, 2023 and Stipulation dated August 18, 2023, Defendant MTS Logistics, Inc is awarded reasonable attorney's fees in the amount of $295,000.00; accordingly, case is closed. (Signed by Clerk of Court Ruby Krajick on 8/21/2023) (nd)
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Filing
199
ORDER In light of the Court's Findings of Fact and Conclusions of law in which the Court found MTS was not liable to Saray and awarded MTS attorney's fees, see Dkt. 198, MTS shall file a status letter by August 18, 2023 addressing whethe r it agrees to voluntarily dismiss its claims in MTS Logistics, Inc. v. Saray Dokum ve Madein Sanayi Turizm A.S., No. 21 Civ. 4016 (JPC) (S.D.N.Y.), and if not, why its claims in that case are not duplicative of its counterclaims in the above-captioned case. SO ORDERED. (Signed by Judge John P. Cronan on 8/14/2023) (jca)
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Filing
198
FINDINGS OF FACT AND CONCLUSIONS OF LAW For the foregoing reasons, MTS is not liable to Saray under COGSA, the Pomerene Act, or general maritime law. The Court awards MTS attorneys' fees in an amount to be determined. The parties shall meet and confer to attempt to reach an agreement on MTSs attorneys' fees consistent within the findings in supra IV.D. If an agreement is reached, by August 21, 2023, the parties shall submit a joint stipulation as to the amount of MTS's atto rney's fees. If negotiations are unsuccessful, by August 21, 2023, the parties shall each file a letter setting forth their positions on the appropriate sum of MTS's attorneys' fees. SO ORDERED. (Signed by Judge John P. Cronan on 8/11/2023) (jca)
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Filing
189
ORDER The request is granted. The deadline to submit post trial briefs is adjourned to November 11, 2022. The parties are reminded that pursuant to the Court's Individual Rules and Practices in Civil Cases, "communications with Chambers shall be by letter," Rule 1.A, and telephone calls are permitted only for "situations requiring immediate attention," Rule 1.B. (Signed by Judge John P. Cronan on 11/8/2022) (mhe)
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Filing
186
ORDER: The Court received an email from Plaintiff declining to submit revised Proposed Findings of Fact and Conclusions of Law but noting that Plaintiff's original Proposed Findings of Fact are "more fully substantiated following the re opening of discovery." Plaintiff's email also included a deposition transcript of Mr. Murat Sarayli, as well as a summary of relevant excerpts. By September 30, 2022, Plaintiff shall submit a revised Proposed Findings of Fact and Conclusions of Law incorporating the citations to Mr. Sarayli's deposition transcript where relevant. SO ORDERED. (Signed by Judge John P. Cronan on 9/28/2022) (kv)
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Filing
183
ORDER: The Court will conduct a bench trial beginning on October 24, 2022. The parties must familiarize themselves with the Court's Individual Rules and Practices for Civil Cases, available at https://www.nysd.uscourts.gov/hon-john-pcronan. By S eptember 27, 2022, the parties shall file an updated proposed joint pretrial order and all other required pretrial filings, including any motions in limine, in accordance with 7.B and 7.D-E of the Court's Individual Rules and Practices in Civil Cases. Any opposition to a motion in limine shall be filed by October 4, 2022. The parties shall submit courtesy copies in accordance with 7.F of the Court's Individual Rules and Practices in Civil Cases by October 18, 2022. Furthermore, the par ties shall appear for a final pretrial conference on October 18, 2022, at 10:00 a.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. The final pretrial conference must be attended by the attorney who will serve as principal trial counsel. SO ORDERED., ( Motions due by 9/27/2022., Pretrial Order due by 9/27/2022., Responses due by 10/4/2022, Final Pretrial Conference set for 10/18/2022 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 7/07/2022) (ama)
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Filing
169
ORDER with respect to 160 Motion in Limine. The Court will address Defendant's motion in limine at the final pretrial conference scheduled for February 1, 2022 at 11:00 a.m. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 1/24/2022) (jca)
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Filing
153
ORDER: The Court is in receipt of Plaintiff's letter dated December 20, 2021 informing the Court that "it will be necessary for the key witnesses on behalf of plaintiff Saray to testify at the trial... with the assistance of a Turkish langu age translator." Dkt. 152. The Court reminds the parties that it is their responsibility to secure qualified interpreters for trial. Furthermore, to the extent any of the witnesses requiring the assistance of an interpreter anticipate testi fying remotely via videoconference, as the parties indicated to the Court during the December 2, 2021 conference, the parties shall advise the Court by January 10, 2022 whether remote testimony is still feasible and any logistical challenges that the parties anticipate during trial. SO ORDERED. (Signed by Judge John P. Cronan on 12/20/2021) (ama)
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Filing
151
ORDER: On October 15, 2021, the Court granted Defendant MTS Logistics, Inc.'s request for an adjournment of the deadlines for the filing of the joint pretrial order and related submission, as well as an adjournment of the final pretrial conf erence and bench trial. Dkt. 150. The Court granted Defendant's adjournment request to provide defense counsel sufficient time to familiarize himself with the facts of the case and to prepare for trial. The parties shall appear by telephone f or a status conference on December 2, 2021 at 1:00 p.m. to discuss the status of the case and the bench trial scheduled for February 7, 2022. At the scheduled time, the parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Telephone Conference set for 12/2/2021 at 01:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 11/29/2021) (jca)
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Filing
135
ORDER: The parties are directed to appear for a conference on May 11, 2021 at 3:00 p.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. The purpose of this conference is to discuss MTS Logistics Inc . v. Saray Dokum Ve Madeni Aksamsanayi Turizm A.S., No. 21 Civ. 4016, which Mr. Stewart recently filed in this District., (Telephone Conference set for 5/11/2021 at 03:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 5/7/2021) (nb)
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Filing
127
OPINION AND ORDER re: 101 MOTION for Summary Judgment filed by MTS Logistics Inc., 108 CROSS MOTION for Summary Judgment filed by Saray Dokum ve Madeni Aksam Sanayi Turizm A.S.. For the reasons stated above, both M TS's motion for summary judgment and Saray's cross-motion for summary judgment are denied. Whether Saray was a merchant under the MTS House B/L, whether there was an unreasonable deviation, and whether MTS has any defenses to liability r emain in dispute. Within seven days of the date of this Opinion and Order, the parties must submit a joint letter addressing whether referral to the Court-annexed mediation program or to the Honorable Gabriel W. Gorenstein, United States Magistrat e Judge, for a settlement conference would be beneficial. Within thirty days from the date of this Opinion and Order, the parties must submit their joint proposed pretrial order and the other required pretrial filings required by Rule 7 of the Cou rt's Individual and Practices in Civil Cases. The parties should be ready for trial by August 2, 2021. The Clerk of the Court is respectfully directed to terminate the motions pending at docket numbers 101 and 108., (Ready for Trial by 8/2/2021.) (Signed by Judge John P. Cronan on 3/30/2021) (nb)
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Filing
121
ORDER: It is hereby ORDERED that the Court will hear oral argument via telephone on Defendant MTS Logistics Inc.'s Motion for Summary Judgment and Plaintiff Saray Doum ve Madeni Aksam Snayi Turizm A.S.'s Cross-Motion for Summary Judgeme nt on February 11, 2021 at 2:00 p.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. (As further set forth in this Order.) ( Telephone Conference set for 2/11/2021 at 02:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 1/27/2021) (cf)
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Filing
98
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any currently sched uled conference or oral argument before this Court is adjourned pending further order of this Court, but any conference or oral argument before the Magistrate Judge will proceed as ordered. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Any motion papers that have been served but not filed on the docket shall be filed as soon as practicable. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs as further set forth in this Order. SO ORDERED. (Signed by Judge John Peter Cronan on 10/2/2020) (ks)
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Filing
94
ORDER: It is hereby ORDERED that the following schedule shall apply to the parties' proposed motions for summary judgment (Dkt. Nos. 92, 93): 1.Defendant's motion for summary judgment shall be due August 20, 2020. 2.Plaintiff's combi ned motion for summary judgment and opposition to Defendant's motion shall be due September 21, 2020. 3.Defendant's combined reply in support of its motion, if any, and opposition to Plaintiff's motion shall be due October 5, 2020. 4 .Plaintiff's reply in further support of its motion, if any, shall be due October 19, 2020. SO ORDERED. (Motions due by 9/21/2020., Responses due by 10/5/2020, Replies due by 10/19/2020.) (Signed by Judge Paul G. Gardephe on 7/20/2020) (jca)
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Filing
91
ORDER denying 88 Letter Motion for Discovery. In sum, Saray's application to reopen discovery (Docket # 88) is denied. Any renewed request to Judge Gardephe to file a motion for summary judgment shall be filed on or before June 19, 2020. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/11/2020) (cf)
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Filing
87
ORDER: Upon the application of the defendant, IT IS HEREBY ORDERED that on or before June 2, 2020, plaintiff shall provide to defendant a copy of the settlement agreement between plaintiff and Oxyde Chemicals that settled the arbitration between them , with the following provisos: (1) plaintiff may redact any terms or provisions that do not concern payments made or due to plaintiff under the agreement; and (2) the agreement shall be used only for purposes of this litigation. If any non-party wish es to object to this Order, it shall file an application compliant with paragraph 2.A of this Court's Individual Practices on or before June 1, 2020. SO ORDERED., ( Motions due by 6/1/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/19/2020) (ama)
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Filing
86
ORDER: The discovery conference scheduled Tuesday May 19, 2020, at 3:30 p.m. is changed to a telephone conference. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted on ly to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received the Order. SO ORDERED., ( Telephone Conference set for 5/19/2020 at 03:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/21/2020) (ama)
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Filing
85
ORDER: The conference in this matter scheduled for Wednesday, March 11, 2020, is adjourned to May 19, 2020 at 3:30 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. Upon receipt of this order each attorney or unre presented party is directed to ensure that all other attorneys or unrepresented parties on the case are aware of the conference date and time. In accordance with paragraph 1.F of this Court's Individual Practices (available at:https://nysd.uscou rts.gov/hon-gabriel-w-gorenstein), any requests for an adjournment must be made in writing at least 48 hours prior to the conference and must set forth the reasons for the requested adjournment. Prior to making such a request, the party should contac t Chambers at (212) 805-4260 to determine an alternative date for which the Court is available for are scheduled conference. The written application for an adjournment must include a statement as to all other parties' positions on the change in conference date and must propose an alternative date, as provided by Chambers, to which all parties are agreeable. SO ORDERED., ( Pretrial Conference set for 5/19/2020 at 03:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/10/2020) (ama)
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Filing
78
ORDER: A pre-trial conference in this matter is scheduled for Friday, February 14, 2020, at 3:00 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. At the conference, the Court expects the parties to address th e matter raised in Docket #76. (As further set forth in this Order.) (Pretrial Conference set for 2/14/2020 at 03:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/10/2020) (cf)
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Filing
69
ORDER: It is hereby ORDERED that the following schedule will apply to Plaintiffs proposed motion to amend its complaint:1. Plaintiffs motion is due on January 31, 2020; 2. Defendant's opposition is due on February 14, 2020; and 3. Plaintiffs reply, if any, is due on February 21, 2020. SO ORDERED. (Motions due by 1/31/2020, Responses due by 2/14/2020, Replies due by 2/21/2020.) (Signed by Judge Paul G. Gardephe on 12/17/2019) (jca)
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| Plaintiff: Saray Dokum ve Madeni Aksam Sanayi Turizm A.S. | |
| Represented By: | Justin J Marocco |
| Represented By: | Jefferson Randolph Tillery |
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| Defendant: MTS Logistics Inc. | |
| Represented By: | Gareth W Stewart |
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