Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG
| Defendant Unknown |
| Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG |
| AGCS Marine Insurance Company |
| 1:2019cv05731 |
| June 19, 2019 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Contract: Marine |
| 46 U.S.C. § 30504 |
| None |
Docket Report
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Filing 16
ORDER: granting #15 Letter Motion for Extension of Time. Application granted. All persons having claims are directed to file them on or before September 27, 2019. Plaintiff is directed to provide notice of this new deadline via email to any person known to have made any claim against the vessel or Plaintiff. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/06/2019) (ama)
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Filing 15
LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from James A. Saville, Jr. dated August 5, 2019. Document filed by AGCS Marine Insurance Company.(Saville, James)
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Filing 14
NOTICE OF APPEARANCE by James Aloysius Saville, Jr on behalf of AGCS Marine Insurance Company. (Saville, James)
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Filing 13
NOTICE OF COMPLAINT PURSUANT TO 46 U.S.C. 30505 & 30511 re: #1 Complaint. Document filed by Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG as Owners and Operators of the M/V YANTIAN EXPRESS. (dt).
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Filing 12
ORDER RESTRAINING SUITS, APPROVING PLAINTIFF'S SECURITY AND DIRECTING ISSUANCE OF NOTICE AND THE FILING OF CLAIMS: NOW, Plaintiff having complied with the requirements of Rule F, and upon application by Freehill, Hogan & Mahar, attorneys for Plaintiff, IT IS HEREBY ORDERED AS FOLLOWS: The above described Ad Interim Stipulation for Value/Letter of Undertaking executed by The Britannia Steam Ship Insurance Association Limited ("Britannia") in the sum U.S. $15,889,407 with interest as aforesaid, be and is hereby approved. The Court, following notice to all parties of record, may order the said security increased or reduced if it finds the amount thereof insufficient or excessive. A notice shall be issued by the Clerk of this Court to all persons asserting claims or suits with respect to the voyage and matters for which the Complaint seeks exoneration from or limitation of liability notifying them to file their respective claims with the Clerk of this Court, in writing, and to serve on the attorneys for the Plaintiff a copy thereof, on or before the 14th day of August, 2019, or be defaulted; and that if any claimant desires to contest either the right to exoneration from or the right to limitation of liability, such claimant shall file and serve on the attorneys for Plaintiff an answer to the Complaint on or before the said date (unless his claim has included an answer to the complaint, so designated) or be defaulted. The aforesaid notice shall be published in The New York Law Journal and New York Daily News, once in each week for four successive weeks prior to the date fixed for the filing of claims, as provided by Supplemental Admiralty Rule F. The first publication of said notice shall be at least forty (40) days before said return date, and Plaintiff, not later than the day of second publication, shall also mail a copy of the notice together with a copy of this Order to every person (or their respective attorneys) known to have made any claim against the Vessel or Plaintiff with respect to the matters herein. The commencement or prosecution hereafter, except in the captioned action, of any and all claims, actions, suits, and proceedings (whether such has been commenced already or not) of any nature and description whatsoever in any jurisdiction against Plaintiff and/or the M/V YANTIAN EXPRESS and/or any of their agents, representatives, employees, or insurers, and/or any other property of Plaintiff, and the taking of any steps and the making of any motion in such actions, suits or proceedings, to impose liability or recover for any injury, loss or damage for or in respect to the aforesaid casualty as more fully described in the Complaint BE AND ARE HEREBY RESTRAINED, STAYED AND ENJOINED until the hearing and determination of this action, and all warrants of arrest, seizure and/or attachment issued or sought in such other actions, suits, and proceedings be and the same are hereby dissolved and further warrants of arrest, seizure and/or attachment are hereby prohibited. Service of this order as a restraining order may be made through the Post Office by certified mail or by Federal Express by mailing a conformed copy thereof to the person or persons to be restrained, or to their respective attorneys. The Stipulation for Costs in the amount of $500 deposited by Plaintiff with the Clerk of Court is approved as security for costs, as provided by Rule F(1). (Signed by Judge Gregory H. Woods on 6/28/2019) (mro) Transmission to Finance Unit (Cashiers) for processing.
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Filing 11
STIPULATION FOR COSTS re: #1 Complaint. Document filed by Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG. (dt) (Main Document 11 replaced on 6/26/2019) (dt). (Main Document 11 replaced on 6/26/2019) (dt).
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Filing 10
AD INTERIM STIPULATION FOR VALUE re: #1 Complaint. Document filed by Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG. (dt)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael Fernandez to MANUALLY RE-FILE Document No. #7 Notice of Complaint. This document is not filed via ECF. Hand Deliver Document to the Court, 40 Foley Square, Room 105 to the Orders & Judgments Clerk. (dt)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael Fernandez to MANUALLY RE-FILE Document No. #5 Ad Interim Stipulation for Value (BOND). This document is not filed via ECF. Hand Deliver Document to the Court, 40 Foley Square, Room 105 to the Orders & Judgments Clerk. (dt)
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Filing 9
NOTICE OF APPEARANCE by Gina Maria Venezia on behalf of Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG. (Venezia, Gina)
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Filing 8
PROPOSED ORDER. Document filed by Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG. Related Document Number: #7 . (Fernandez, Michael) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 7
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG. (Fernandez, Michael) Proposed Order to be reviewed by Clerk's Office staff. Modified on 6/26/2019 (dt).
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Filing 6
PROPOSED STIPULATION AND ORDER. Document filed by Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG. (Fernandez, Michael)
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Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED STIPULATION AND ORDER. Document filed by Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG. (Fernandez, Michael) Modified on 6/25/2019 (dt).
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Filing 4
CIVIL COVER SHEET filed. (Fernandez, Michael)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #8 Proposed Order was reviewed and approved as to form. (dt)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Fernandez to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc)
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Magistrate Judge Robert W. Lehrburger 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)
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Case Designated ECF. (pc)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Fernandez, Michael) Modified on 6/20/2019 (pc).
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Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG.(Fernandez, Michael)
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Filing 1
COMPLAINT against Defendant Unknown. (Filing Fee $ 400.00, Receipt Number ANYSDC-17110703)Document filed by Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG. (Attachments: #1 Declaration Regarding Limitation Value, #2 Exhibit A Certificate of Valuation)(Fernandez, Michael)
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