WAG SPV I, LLC v. Fortune Global Shipping & Logistics, LTD.
Plaintiff: WAG SPV I, LLC
Defendant: Fortune Global Shipping & Logistics, LTD., Eric Opah and Fortune Global Shipping & Logistics (USA), Inc.
Case Number: 1:2019cv06207
Filed: July 3, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Contract: Marine
Cause of Action: 28:1333ad
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2019 Filing 37 ANSWER to #36 Amended Complaint,. Document filed by Fortune Global Shipping & Logistics (USA), Inc..(Winton, James)
August 22, 2019 Filing 36 SECOND AMENDED COMPLAINT amending #32 Amended Complaint, against Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, LTD., Eric Opah.Document filed by WAG SPV I, LLC. Related document: #32 Amended Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Metro, Celinda)
August 21, 2019 Opinion or Order Filing 35 JOINT STIPULATION REGARDING CORRECTED SECOND AMENDED VERIFIED COMPLAINT:IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff WAG SPY I, LLC, by its attorneys Watson Farley & Williams LLP, and Defendant Fortune Global Shipping & Logistics (USA), Inc., by its attorneys Baker & Hostetler LLP, as follows: That Plaintiff shall file its "Corrected Second Amended Verified Complaint" (currently ECF No. 32) for the sole purpose of including the exhibits referenced in its Second Amended Verified Complaint, which same exhibits Plaintiff previously filed as exhibits to the First Amended Verified Complaint (see ECF Nos. 7-1 through 7-8). That Defendant shall re-file its Amended Answer to Plaintiffs Second Amended Verified Complaint (ECF No. 33) as its "Answer to Plaintiffs Corrected Second Amended Verified Complaint" as and for its answer to the Corrected Second Amended Verified Complaint modified only as necessary to reflect that Plaintiffs Corrected Second Amended Verified Complaint now contains the Exhibits omitted from its Second Amended Verified Complaint. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/21/2019) (rro)
August 21, 2019 Filing 34 PROPOSED STIPULATION AND ORDER. Document filed by WAG SPV I, LLC. (Metro, Celinda)
August 15, 2019 Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 8/15/2019. Attorneys John G. Kissane and Celinda Joan Metro representing Plaintiff present. Attorney James C. Winton representing Fortune Global Shipping & Logistics (USA), Inc. present. Motion to dismiss due by 9/16/2019; Response due by 10/18/2019, and Reply due by 11/1/2019. Defendant is to order a copy of today's transcript if there is motion practice. (Court Reporter Raquel Robles) (tn)
August 12, 2019 Filing 33 AMENDED ANSWER to #32 Amended Complaint,. Document filed by Fortune Global Shipping & Logistics (USA), Inc.. (Winton, James)
August 6, 2019 Opinion or Order Filing 31 ORDER granting #27 Motion for James C. Winton to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 8/6/2019) (rro)
August 5, 2019 Filing 30 ANSWER to Complaint. Document filed by Fortune Global Shipping & Logistics (USA), Inc..(Lindberg, Erika)
July 31, 2019 Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fortune Global Shipping & Logistics, Ltd. (Marshall Islands), Corporate Parent Fortune Global Shipping & Logistics, Ltd. (Nigeria) for Fortune Global Shipping & Logistics (USA), Inc.. Document filed by Fortune Global Shipping & Logistics (USA), Inc..(Winton, James)
July 29, 2019 Filing 28 NOTICE of Service of Notice of Pretrial Conference and Court's Individual Rules re: #17 Order for Initial Pretrial Conference. Document filed by Fortune Global Shipping & Logistics (USA), Inc.. (Winton, James)
July 29, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for James C. Winton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17330377. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 29, 2019 Filing 27 MOTION for James C. Winton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17330377. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fortune Global Shipping & Logistics (USA), Inc.. (Attachments: #1 Declaration of James C. Winton in Support, #2 Exhibit 1-Texas Good Standing Certificate, #3 Exhibit 2-California Good Standing Certificate, #4 Text of Proposed Order)(Winton, James)
July 29, 2019 Set/Reset Hearings: Pre-Motion Conference set for 8/15/2019 at 11:00 AM before Judge Katherine Polk Failla. (ne)
July 29, 2019 Opinion or Order Filing 26 MEMO ENDORSEMENT on #25 terminating #20 Letter Motion for Leave to File Document; terminating #21 Letter Motion for Leave to File Document. ENDORSEMENT: The Court has reviewed Plaintiff's response and is not fully satisfied with Plaintiff's answers regarding the disclosure of the Texas action. The first mention of this action occurred in a July 15 letter to the Court (Dkt. #12). This occurred after the filing of the initial complaint (Dkt. #1), the amended complaint (Dkt. #12), and the Court's endorsement of orders of attachment (Dkt. #3, 11). Plaintiff has not offered an explanation for this initial lack of disclosure. The Court believes a conference is necessary to resolve these issues and provide the Court clarity moving forward on the status of this case and the case pending in Texas. The Court will address how to proceed with Defendant's proposed motions at this conference. The parties are hereby ORDERED to appear for a pre-motion conference on August 15, 2019, at 11:00 a.m. The Clerk of Court is directed to terminate the motions at docket entry 20 and 21. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/26/2019) (ne)
July 26, 2019 Filing 25 RESPONSE re: #22 Memo Endorsement,,,,, . Document filed by WAG SPV I, LLC. (Metro, Celinda)
July 26, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Erika J. Lindberg to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 26, 2019 Opinion or Order Filing 24 ORDER granting #23 Motion for Erika J. Lindberg to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 7/26/2019) (rro)
July 26, 2019 Filing 23 MOTION for Erika J. Lindberg to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fortune Global Shipping & Logistics (USA), Inc.. (Attachments: #1 Declaration of Erika J. Lindberg in Support, #2 Exhibit 1-Texas Good Standing Certificate, #3 Exhibit 2-Massachusetts Good Standing Certificate, #4 Exhibit 3-Rhode Island Good Standing Certificate, #5 Text of Proposed Order)(Lindberg, Erika)
July 25, 2019 Opinion or Order Filing 22 MEMO ENDORSEMENT: on re: #21 LETTER MOTION for Leave to File Motion for Transfer addressed to Judge Katherine Polk Failla from Erika J. Lindberg dated July 24, 2019 filed by Fortune Global Shipping & Logistics (USA), Inc. ENDORSEMENT: The Court has reviewed the two letters from Defendants requesting leave to file a motion to transfer (Dkt. # 21), and requesting leave to file a motion to vacate the Order to the Clerk for Issuance of Maritime Writ of Attachment and the Release of Movant's Funds (Dkt. # 20). The Court agrees that in its nowhere in its complaint, amended complaint, second amended complaint, or other papers, did Plaintiff disclose to this Court that a prior action was pending in the Southern District of Texas between the parties. The Court is concerned that Plaintiff has withheld material information from the Court in obtaining these orders of attachment. Plaintiff is therefore ORDERED to file a letter on or before the end of the day on July 26, 2019, explaining the status of the Texas litigation, the reason that this litigation was not disclosed to this Court, and setting forth its position why these attachment orders should not be vacated and this case consolidated with the previously filed action in the Southern District of Texas. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/25/2019) (ama)
July 25, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Erika J. Lindberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17307376. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas. We do not except them from a state bar association.;. 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)
July 24, 2019 Filing 21 LETTER MOTION for Leave to File Motion for Transfer addressed to Judge Katherine Polk Failla from Erika J. Lindberg dated July 24, 2019. Document filed by Fortune Global Shipping & Logistics (USA), Inc.. (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-Answer)(Lindberg, Erika)
July 24, 2019 Filing 20 LETTER MOTION for Leave to File Motion to Vacate Order to Clerk for Issuance of Maritime Writ of Attachment and the Release of Movant's Funds addressed to Judge Katherine Polk Failla from Erika J. Lindberg dated July 24, 2019. Document filed by Fortune Global Shipping & Logistics (USA), Inc.. (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-Letter, #3 Exhibit 3-Order and Correspondence, #4 Exhibit 4-Hearing Minutes and Order, #5 Exhibit 5-Answer)(Lindberg, Erika)
July 24, 2019 Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Erika J. Lindberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17307376. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fortune Global Shipping & Logistics (USA), Inc.. (Attachments: #1 Declaration of Erika J. Lindberg in Support, #2 Exhibit 1-Texas Good Standing Certificate, #3 Exhibit 2-Massachusetts Good Standing Certificate, #4 Exhibit 3-Rhode Island Good Standing Certificate, #5 Text of Proposed Order)(Lindberg, Erika) Modified on 7/25/2019 (bcu).
July 24, 2019 Filing 18 NOTICE OF APPEARANCE by Robertson Drake Beckerlegge on behalf of Fortune Global Shipping & Logistics (USA), Inc.. (Beckerlegge, Robertson)
July 22, 2019 Filing 17 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/17/2019 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/22/2019) (rro)
July 19, 2019 Filing 32 SECOND AMENDED COMPLAINT amending #7 Amended Complaint, against Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, LTD., Eric Opah.Document filed by WAG SPV I, LLC. Related document: #7 Amended Complaint. ***Second Amended Complaint accepted for filing on 7/19/2019 (See Dkt. #16). (tn)
July 19, 2019 Opinion or Order Filing 16 ORDER granting #15 Letter Motion for Leave to File Document. APPLICATION GRANTED. Given the liberal pleading standards of Fed. R. Civ. P. 15 and the absence of discernible prejudice, the Court accepts the Second Amended Complaint as the operative complaint in this matter. (Signed by Judge Katherine Polk Failla on 7/19/2019) (rro)
July 19, 2019 Filing 15 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Katherine Polk Failla from Celinda Metro dated July 17, 2019. Document filed by WAG SPV I, LLC. (Attachments: #1 Appendix, #2 Endorsed Letter Motion)(Metro, Celinda)
July 17, 2019 Opinion or Order Filing 14 ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER: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 Defendants Fortune Global Shipping & Logistics, Ltd. ("Fortune Global"), Fortune Global Shipping & Logistics (USA), Inc. ("Fortune USA") and Eric Opah by the following banks: and further set forth in this Order. The "Garnishees") 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$2,900,000.00, 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 Plaintiff shall be required to show why the attachment and garnishment should not be vacated. ORDERED, that upon expiration or vacatur of this Order by reason of the preceding paragraph, this Action may be dismissed without prejudice, without costs, and without further notice to any party. The Plaintiff is directed to submit a letter to the Court informing it of the automatic expiration of the Order and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 7/17/2019) (rro)
July 17, 2019 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as Wells Fargo Bank NA on 7/17/2019 in the amount of $2,900,000.00. (tro)
July 17, 2019 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Standard New York, Inc. on 7/17/2019 in the amount of $2,900,000.00. (tro)
July 17, 2019 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Standard Chartered Bank on 7/17/2019 in the amount of $2,900,000.00. (tro)
July 17, 2019 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Deutsche Bank Trust Company America on 7/17/2019 in the amount of $2,900,000.00. (tro)
July 16, 2019 Filing 13 NOTICE OF APPEARANCE by John G. Kissane on behalf of WAG SPV I, LLC. (Kissane, John)
July 15, 2019 Filing 12 LETTER addressed to Judge Katherine Polk Failla from Celinda J. Metro dated July 15, 2019 re: Update for Court. Document filed by WAG SPV I, LLC.(Metro, Celinda)
July 11, 2019 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Deutsche Bank Trust Company Americas on 7/11/2019 in the amount of $2,900,000.00. (tro)
July 11, 2019 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Wells Fargo Bank N.A. on 7/11/2019 in the amount of $2,900,000.00. (tro)
July 11, 2019 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Standard New York, Inc. on 7/11/2019 in the amount of $2,900,000.00. (tro)
July 11, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Celinda Joan Metro. The party information for the following party/parties has been modified: Eric Opah. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pne)
July 10, 2019 Opinion or Order Filing 11 ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER. 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 Defendants Fortune Global Shipping & Logistics, Ltd. ("Fortune Global"), Fortune Global Shipping & Logistics (USA), Inc. ("Fortune USA") and Eric Opah by the following banks: Deutsche Bank Trust Company Americas, 60 Wall Street, New York, New York 10005. Standard New York, Inc., 520 Madison Avenue, 28th Floor, New York, New York 10022. Wells Fargo Bank N.A., 375 Park Avenue, New York, New York 10152 (the "Garnishees") 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$2,900,000.00, pursuant to Rule B, and as further set forth in this Order. So ordered. (Signed by Judge Katherine Polk Failla on 7/10/2019). (rjm)
July 10, 2019 Filing 10 AFFIDAVIT of Celinda J. Metro in Support re: #1 Complaint. Document filed by WAG SPV I, LLC. (Metro, Celinda)
July 10, 2019 Filing 9 AFFIDAVIT of Celinda J. Metro in Support re: #7 Amended Complaint,. Document filed by WAG SPV I, LLC. (Metro, Celinda)
July 10, 2019 Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SunTx Capital Partners II, L.P., Corporate Parent SunTx Capital Partners II Dutch Investors, L.P. for WAG SPV I, LLC. Document filed by WAG SPV I, LLC.(Metro, Celinda)
July 10, 2019 Filing 7 FIRST AMENDED COMPLAINT amending #1 Complaint against Fortune Global Shipping & Logistics, LTD., Fortune Global Shipping & Logistics (USA), Inc., Eric Opah.Document filed by WAG SPV I, LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Metro, Celinda)
July 3, 2019 Filing 6 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Fortune Global Shipping & Logistics, LTD. on 7/3/19 in the amount of $2,900,000.(mro)
July 3, 2019 Filing 5 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Fortune Global Shipping & Logistics, LTD. on 7/3/19 in the amount of $2,900,000. (mro)
July 3, 2019 Filing 4 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Fortune Global Shipping & Logistics, LTD. on 7/3/19 in the amount of $2,900,000. (mro)
July 3, 2019 Opinion or Order Filing 3 ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER: 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 the following banks: Deutsche Bank Trust Company Americas 60 Wall Street New York, New York 10005 Standard New York, Inc. 520 Madison A venue, 28th Floor New York,New York 10022 Wells Fargo Bank N.A. 375 Park Avenue New York,New York 10152 (the "Garnishees") 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$2,900,000.00, pursuant to Rule B, and as further set forth in this Order. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/3/2019) (jca)
July 3, 2019 Case Designated ECF. (pc)
July 3, 2019 Magistrate Judge Sarah Netburn 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)
July 3, 2019 Filing 2 CIVIL COVER SHEET filed. (pc) (pc).
July 3, 2019 Filing 1 COMPLAINT against Fortune Global Shipping & Logistics, LTD.. (Filing Fee $ 400.00, Receipt Number 465401238968)Document filed by WAG SPV I, LLC.(pc) (Additional attachment(s) added on 7/11/2019: #1 Ex 1, #2 Ex 2, #3 Ex 3, #4 Ex 4, #5 Ex 5, #6 Ex 6, #7 Ex 7) (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 this case: WAG SPV I, LLC v. Fortune Global Shipping & Logistics, LTD.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Fortune Global Shipping & Logistics, LTD.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Eric Opah
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Fortune Global Shipping & Logistics (USA), Inc.
Represented By: Erika Lindberg
Represented By: Robertson Drake Beckerlegge
Represented By: James C. Winton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: WAG SPV I, LLC
Represented By: Celinda Joan Metro
Represented By: John G. Kissane
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?