SeaCube Containers LLC v. Compass Containers & Shipping Services Ltda. et al
Plaintiff: SeaCube Containers LLC
Defendant: Compass Containers & Shipping Services Ltda.
Garnishee: DHL Air Limited, Petroleo Brasileiro SA (Petrobras), Ford Motor Company and The Procter & Gamble Company
Case Number: 1:2019cv00816
Filed: January 28, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: J Paul Oetken
Nature of Suit: Contract: Marine
Cause of Action: 28:1333ad
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2019 ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Notice to Attorney J. Simms re:document #25 Proposed Clerk's Certificate of Default was rejected by the Clerk's Office for the following reason(s): the pleading was improperly served. Please refile the Proposed Clerk's Certificate of Default after the pleading has been properly served. (km)
March 26, 2019 Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by SeaCube Containers LLC. (Simms, J.) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/27/2019 (km).
March 26, 2019 Filing 24 AFFIRMATION of J. Stephen Simms in Support re: #23 MOTION for Entry of Default as to Compass Containers & Shipping Services Ltda. .. Document filed by SeaCube Containers LLC. (Simms, J.)
March 26, 2019 Filing 23 MOTION for Entry of Default as to Compass Containers & Shipping Services Ltda. . Document filed by SeaCube Containers LLC.(Simms, J.)
March 26, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney J. Stephen Simms to RE-FILE Document #19 MOTION for Entry of Default as to Compass Containers & Shipping Services Ltda. .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
March 8, 2019 Opinion or Order Filing 22 ORDER: On March 1, 2019, Plaintiff filed a notice of dismissal of garnishees Ford Motor Company and The Procter & Gamble Company. (Dkt. No. 21.) Also on March 1, 2019, Plaintiff filed a joint stipulation of dismissal of garnishee Petroleo Brasileiro SA. (Dkt. No. 20.) Those dismissals are GRANTED. The Clerk of Court is directed to terminate garnishees Ford Motor Company, The Procter & Gamble Company, and Petroleo Brasileiro SA from this case. (The Procter & Gamble Company, Ford Motor Company and Petroleo Brasileiro SA (Petrobras) terminated.) (Signed by Judge J. Paul Oetken on 3/8/2019) (jwh)
March 1, 2019 Filing 21 NOTICE of Dismissal of Garnishees Ford Motor Company and The Proctor & Gamble Company Only re: #15 Maritime Attachment and Garnishment Issued,, #14 Maritime Attachment and Garnishment Issued,,. Document filed by SeaCube Containers LLC. (Simms, J.)
March 1, 2019 Filing 20 NOTICE of Stipulation of Dismissal of Garnishee Petroleo Brasileiro SA (Petrobras) Only re: #13 Maritime Attachment and Garnishment Issued,,. Document filed by SeaCube Containers LLC. (Simms, J.)
March 1, 2019 Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Entry of Default as to Compass Containers & Shipping Services Ltda. . Document filed by SeaCube Containers LLC. (Attachments: #1 Affirmation in Support of Request for Entry of Default, #2 Proposed Clerk's Certificate of Default)(Simms, J.) Modified on 3/26/2019 (db).
February 25, 2019 Filing 18 ANSWER to Writ of Garnishment / Answer of Garnishee Petroleo Brasileiro SA (Petrobras) to Writ for Maritime attachment and garnishment issued in the above-captioned matter on January 30, 2019 #13 . Document filed by Petroleo Brasileiro SA (Petrobras). (Haviv, Kimberly)
February 7, 2019 Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Compass Containers & Shipping Services Ltda. served on 2/7/2019, answer due 2/28/2019. Service was made by Federal Express. Document filed by SeaCube Containers LLC. (Attachments: #1 Exhibit A - Federal Express Delivery Confirmation)(Simms, J.)
February 7, 2019 Filing 16 NOTICE of Service of Process of Maritime Attachment and Garnishment re: #15 Maritime Attachment and Garnishment Issued,, #12 Maritime Attachment and Garnishment Issued,, #13 Maritime Attachment and Garnishment Issued,,. Document filed by SeaCube Containers LLC. (Attachments: #1 Exhibit A - Federal Express Delivery Confirmation, #2 Exhibit B - Federal Express Delivery Confirmaiton)(Simms, J.)
February 1, 2019 Filing 15 WRIT FOR MARITIME ATTACHMENT AND GARNISHMENT. NOW, THEREFORE, you are hereby commanded that if the said Defendant cannot be found within the District, you attach goods, chattels, credits and effects located and to be found in this District belonging to Defendant, or in the bands of the Garnishee named, up to the Garnishment Amount and as further demanded in the Verified Complaint and how you shall have executed this process, make known to this Court with your certificate of execution thereof written, and as further set forth in this Writ for Maritime Attachment and Garnishment (as to Ford Motor Company on 2/1/2019 in the amount of $1,646,903.53). (rjm) (rjm).
February 1, 2019 Filing 14 WRIT FOR MARITIME ATTACHMENT AND GARNISHMENT. NOW, THEREFORE, you are hereby commanded that if the said Defendant cannot be found within the District, you attach goods, chattels, credits and effects located and to be found in this District belonging to Defendant, or in the hands of the Garnishee named, up to the Garnishment Amount and as further demanded in the Verified Complaint and how you shall have executed this process, make known to this Court with your certificate of execution thereof written, and as further set forth in this Writ for Maritime Attachment and Garnishment (as to The Procter & Gamble Company on 2/1/2019 in the amount of $1,646,903.53). (rjm) (rjm).
February 1, 2019 Filing 13 WRIT FOR MARITIME ATTACHMENT AND GARNISHMENT. NOW, THEREFORE, you are hereby commanded that if the said Defendant cannot be found within the District, you attach goods, chattels, credits and effects located and to be found in this District belonging to Defendant, or in the hands of the Garnishee named, up to the Garnishment Amount and as further demanded in the Verified Complaint and how you shall have executed this process, make known to this Court with your certificate of execution thereof written, and as further specified in this Writ for Maritime attachment and Garnishment (as to Petroleo Brasileiro SA (Petrobras) on 2/1/2019 in the amount of $1,646,903.53). (rjm) (rjm).
February 1, 2019 Filing 12 WRIT OF MARITIME ATTACHMENT AND GARNISHMENT. NOW, THEREFORE, you are hereby commanded that if the said Defendant cannot be found within the District, you attach goods, chattels, credits and effects located and to be found in this District belonging to Defendant, or in the hands of the Garnishee named, up to the Garnishment Amount and as further demanded in the Verified Complaint and how you shall have executed this process, make known to this Court with your certificate of execution thereof written, and as further set forth in this Writ for Maritime Attachment and Garnishment (as to DHL Air Limited on 2/1/2019 in the amount of $1,646,903.53). (rjm) (rjm).
February 1, 2019 Opinion or Order Filing 11 ORDER granting #5 Motion to Appear Pro Hac Vice. Granted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
January 30, 2019 Opinion or Order Filing 10 ORDER GRANTING PLAINTIFF'S MOTION FOR ORDER AUTHORIZING ISSUANCE OF WRIT OF MARITIME GARNISHMENT: granting #6 Motion Request for Order for Issuance of Process of Maritime Attachment and Garnishment. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/30/2019) (ama)
January 30, 2019 Opinion or Order Filing 9 ORDER: granting #7 Motion for Appointment for Service of Writ of Maritime Attachment and Garnishment. ORDERED, that J. Stephen Simms, or any other person at least 18 years of age and not a party to this action, appointed by him be and hereby is, appointed to serve the Process of Maritime Attachment and Garnishment, and a copy of the Verified Complaint as issued in this case. DONE AND ORDERED. (Signed by Judge J. Paul Oetken on 1/30/2019) (ama)
January 29, 2019 Filing 8 ELECTRONIC SUMMONS ISSUED as to Compass Containers & Shipping Services Ltda.. (pne)
January 29, 2019 Case Designated ECF. (pne)
January 29, 2019 Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
January 29, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (pne)
January 28, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for J. Stephen Simms to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16254258. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
January 28, 2019 Filing 7 MOTION Motion for Appointment for Service of Writ of Maritime Attachment and Garnishment re: #6 MOTION Request for Order for Issuance of Process of Maritime Attachment and Garnishment . . Document filed by SeaCube Containers LLC. (Attachments: #1 Text of Proposed Order)(Simms, J.)
January 28, 2019 Filing 6 MOTION Request for Order for Issuance of Process of Maritime Attachment and Garnishment . Document filed by SeaCube Containers LLC. (Attachments: #1 Text of Proposed Order, #2 PMAG - DHL Air Limited, #3 PMAG - Ford Motor Company, #4 PMAG - Proctor & Gamble, #5 PMAG - Petroleo Brasileiro SA (Petrobras))(Simms, J.)
January 28, 2019 Filing 5 MOTION for J. Stephen Simms to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16254258. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SeaCube Containers LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Simms, J.)
January 28, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Compass Containers & Shipping Services Ltda., re: #1 Complaint,. Document filed by SeaCube Containers LLC. (Simms, J.)
January 28, 2019 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SeaCube Containers LLC.(Simms, J.)
January 28, 2019 Filing 2 CIVIL COVER SHEET filed. (Simms, J.)
January 28, 2019 Filing 1 COMPLAINT against Compass Containers & Shipping Services Ltda., DHL Air Limited, Ford Motor Company, Petroleo Brasileiro SA (Petrobras), The Procter & Gamble Company. (Filing Fee $ 400.00, Receipt Number ANYSDC-16254030)Document filed by SeaCube Containers LLC. (Attachments: #1 Exhibit A - Lease Agreement, #2 Exhibit B - Unreturned Ocean Containers, #3 Exhibit C - Invoice List, #4 Exhibit D - Client List)(Simms, J.)

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Plaintiff: SeaCube Containers LLC
Represented By: J. Stephen Simms
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Garnishee: DHL Air Limited
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Garnishee: Petroleo Brasileiro SA (Petrobras)
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Garnishee: Ford Motor Company
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Garnishee: The Procter & Gamble Company
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Defendant: Compass Containers & Shipping Services Ltda.
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