Advantage Sky Shipping LLC et al v. Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust
| Advantage Sky Shipping LLC and M/T Advantage Sky |
| Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust |
| 1:2019cv05065 |
| May 30, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Marine |
| 28 U.S.C. § 1333 ad |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
MEMORANDUM OPINION AND ORDER re: #11 MOTION to Dismiss Complaint. MOTION to Vacate Maritime Attachment and Garnishment Issued, #3 Order Issuing Maritime Attachment and Garnishment filed by Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust. For the foregoing reasons, Defendant's motion to vacate the maritime attachment and garnishment and to dismiss the Complaint is GRANTED; the maritime attachment and garnishment is VACATED; and the Complaint is DISMISSED without prejudice for lack of subject-matter jurisdiction. Additionally, the Trust's request for sanctions is DENIED. The Clerk of Court is directed to terminate Docket No. 11 and to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/14/2019) (ne)
|
| Filing 22 AFFIDAVIT OF SERVICE of Order Directing Clerk to Issue Process of Maritime Attachment and Garnishment and Appointing Process Server, Affidavit of Neil A. Quartaro Pursuant to Rule B(1) and in Support of Order Appointing Person to Serve Process, Plaintiff's First Set of Interrogatories Pursuant to the May 30, 2019 Order of the Court, Process of Maritime Attachment and Garnishment, Summons in a Civil Action, Verified Complaint, Exhibits served on ICON CAPITAL LLC on May 31, 2019. Service was accepted by Nicole Mahre, Authorized Party/Managing Agent. Document filed by Advantage Sky Shipping LLC, M/T Advantage Sky. (Quartaro, Neil) |
| Filing 21 NOTICE OF APPEARANCE by Neil A. Quartaro on behalf of Advantage Sky Shipping LLC, M/T Advantage Sky. (Quartaro, Neil) |
| Filing 20 RESPONSE in Opposition to Motion re: #11 MOTION to Dismiss Complaint. MOTION to Vacate Maritime Attachment and Garnishment Issued, #3 Order Issuing Maritime Attachment and Garnishment,,,,,, . . Document filed by Advantage Sky Shipping LLC, M/T Advantage Sky. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quartaro, Neil) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 6/13/2019. Neil Quartaro and Zachary Farley present for Plaintiffs. Oliver Beiersdorf, Lonnie Klein, and Thomas Johnston present for Defendant. Court reporter present. (ab) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Advantage Sky Shipping LLC for M/T Advantage Sky. Document filed by M/T Advantage Sky.(Farley, Zachary) |
| Filing 18 NOTICE OF APPEARANCE by Thomas Owen Johnston on behalf of Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust. (Johnston, Thomas) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust.(Beiersdorf, Oliver) |
| Filing 16 NOTICE OF APPEARANCE by Oliver K. Beiersdorf on behalf of Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust. (Beiersdorf, Oliver) |
|
Filing 15
ORDER with respect to #11 Motion to Dismiss and to Vacate. The parties shall appear for a hearing with respect to Defendant's motion on Thursday, June 13, 2019, at 2:30 p.m. Plaintiff may (but is not required to) file a response to Defendant's motion by Thursday at 10 a.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
| Filing 14 MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss Complaint. MOTION to Vacate Maritime Attachment and Garnishment Issued, #3 Order Issuing Maritime Attachment and Garnishment,,,,,, . . Document filed by Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust. (Klein, Lonnie) |
| Filing 13 DECLARATION of Oliver Beiersdorf in Support re: #11 MOTION to Dismiss Complaint. MOTION to Vacate Maritime Attachment and Garnishment Issued, #3 Order Issuing Maritime Attachment and Garnishment,,,,,, .. Document filed by Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust. (Attachments: #1 Exhibit Exhibit A (Affidavit), #2 Exhibit Exhibit B (London Claim Form), #3 Exhibit Exhibit C (London Claim Form), #4 Exhibit Exhibit D (New York Complaint), #5 Exhibit Exhibit E (Presentation), #6 Exhibit Exhibit F (Arrest Orders), #7 Exhibit Exhibit G (Set-Aside Application), #8 Exhibit Exhibit H (Costs Application), #9 Exhibit Exhibit I (April 5 Order), #10 Exhibit Exhibit J (Applicants Supplemental Heads of Argument), #11 Exhibit Exhibit K (Respondents Supplemental Heads of Argument), #12 Exhibit Exhibit L (April 25 Order), #13 Exhibit Exhibit M (April 25 Letter of Undertaking), #14 Exhibit Exhibit N (May 2 Email), #15 Exhibit Exhibit O (May 7 Email), #16 Exhibit Exhibit P (Letter of Undertaking), #17 Exhibit Exhibit Q (Deposition Transcript))(Klein, Lonnie) |
| Filing 12 DECLARATION of Eric Pinero in Support re: #11 MOTION to Dismiss Complaint. MOTION to Vacate Maritime Attachment and Garnishment Issued, #3 Order Issuing Maritime Attachment and Garnishment,,,,,, .. Document filed by Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust. (Klein, Lonnie) |
| Filing 11 MOTION to Dismiss Complaint., MOTION to Vacate Maritime Attachment and Garnishment Issued, #3 Order Issuing Maritime Attachment and Garnishment,,,,,, . Document filed by Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust. Return Date set for 6/19/2019 at 03:00 PM.(Klein, Lonnie) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Zachary John Farley to RE-FILE Document #10 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (ldi) |
| Filing 10 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by M/T Advantage Sky.(Farley, Zachary) Modified on 6/7/2019 (ldi). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Zachary John Farley to RE-FILE Document #9 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| Filing 9 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by M/T Advantage Sky.(Farley, Zachary) Modified on 6/5/2019 (ldi). |
| Filing 8 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Advantage Tankers for Advantage Sky Shipping LLC. Document filed by Advantage Sky Shipping LLC.(Farley, Zachary) |
| Filing 7 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Advantage Sky LLC for M/T Advantage Sky. Document filed by M/T Advantage Sky.(Farley, Zachary) |
| Filing 6 NOTICE OF APPEARANCE by Zachary John Farley on behalf of Advantage Sky Shipping LLC, M/T Advantage Sky. (Farley, Zachary) |
| Filing 5 AFFIDAVIT of Neil A. Quartaro in Support re: #1 Complaint. Document filed by Advantage Sky Shipping LLC, M/T Advantage Sky. (Quartaro, Neil) |
| Filing 4 MEMORANDUM OF LAW in Support re: #1 Complaint . Document filed by Advantage Sky Shipping LLC, M/T Advantage Sky. (Quartaro, Neil) |
| MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust on 5/31/2019 in the amount of $10,314,636.65. (mro) |
|
Filing 3
Vacated as per Judge's Order dated 6/14/2019, Doc. # 23 ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVE: ACCORDINGLY, IT IS HEREBY ORDERED, that Process of Maritime Attachment and Garnishment (the "Attachment Order") shall issue against all tangible or intangible property to or being held for Defendant by Defendant's Managing Trustee Icon Capital, LLC (the "Garnishee") and any garnishee subsequently identified, upon whom a copy of the Process of Maritime Attachment and Garnishment may be served, in an amount of up to US$10,314,636.65, pursuant to Rule B; and, it is further, ORDERED, that any person claiming an interest in any property attached or garnished pursuant to this Order shall, upon application to the Court, be entitled to a prompt hearing at which the Plaintiffs shall be required to show why the attachment and garnishment should not be vacated; ORDERED, this Order and Process of Maritime Attachment and Garnishment may be served on the Garnishee by Neil A. Quartaro, John G. Kissane, Celinda J. Metro, Zachary J. Farley, Sabih Siddiqi or any other partner, associate attorney, paralegal or other agent of Watson Farley & Williams LLP, including a process server, in addition to the United States Marshal or a designated agent, and on such additional garnishees as permitted herein; and as further set forth in this order. Plaintiffs shall promptly file all papers submitted in support of this order on ECF. (Signed by Judge Jesse M. Furman on 5/30/2019) (ne) Modified on 6/14/2019 (ne).
|
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Neil A. Quartaro for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Civil Cover Sheet, #1 Complaint to: caseopenings@nysd.uscourts.gov. (pc) |
| Filing 2 CIVIL COVER SHEET filed. (pc) Modified on 5/31/2019 (pc). |
| Filing 1 COMPLAINT against Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust. (Filing Fee $ 400.00, Receipt Number 465401236529)Document filed by Advantage Sky Shipping LLC, M/T Advantage Sky.(pc) |
| SUMMONS ISSUED as to Icon Equipment and Corporate Infrastructure Fund Fourteen Liquidating Trust. (pc) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
| Case Designated ECF. (pc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
