East Towing and Salvage, Inc. v. Blue Ocean 1 LLC et al
| East Towing and Salvage, Inc. |
| Hector Hoyos and Blue Ocean 1 LLC |
| 1:2019cv08651 |
| September 17, 2019 |
| US District Court for the Southern District of New York |
| Deborah A Batts |
| Contract: Marine |
| 28 U.S.C. § 1333 mc |
| None |
Docket Report
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This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 SECOND LETTER addressed to Judge Deborah A. Batts from Edward Carlson dated November 12, 2019 re: request for second additional order directing Clerk to issue supplemental process. Document filed by East Towing and Salvage, Inc.. (Attachments: #1 Text of Proposed Order second additional order directing clerk to issue supplemental process of maritime attachment and garnishment and appointing process server)(Carlson, Edward) |
| Filing 11 AFFIDAVIT OF SERVICE of additional order, interrogatories, verified complaint, supplemental process of maritime attachment and garnishment served on JPMorgan Chase Bank N.A. on November 1, 2019. Service was accepted by Jian Carlos DeGracia, intake specialist. Document filed by East Towing and Salvage, Inc.. (Carlson, Edward) |
| MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Blue Ocean 1 LLC, Hector Hoyos on 11/1/2019 in the amount of $189,582.69 (mt) |
Filing 10
ADDITIONAL ORDER DIRECTING CLERK TO ISSUE SUPPLEMENTAL PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER: ACCORDINGLY, IT IS HEREBY: ORDERED, that Supplemental Process of Maritime Attachment and Garnishment shall issue against all tangible and intangible property belonging to Defendant Hector Hoyos and paying agent/pass-through account holder Bricar International LLC held by any garnishee identified in Schedule A to this Order, upon whom a copy of the Supplemental Process of Maritime Attachment and Garnishment may be served, in an amount of up to US$189,582.69 pursuant to Rule B of the Supplemental Rules for Certain Admiralty or Maritime Claims and the Federal Rules of Civil Procedure; 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; and it is further, ORDERED, that this Order shall automatically expire 60 days from the date of its issuance if no assets or other property has been restrained pursuant to this Order, unless the Plaintiff shows good cause for an extension of this Order for an additional 60 days. Further 60-day extensions may be granted in the discretion of the Court, buy only upon a showing of extraordinary circumstances. All applications for extensions shall be made by letter to the Court; and it is further, 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 Deborah A. Batts on 10/31/2019) (rro) Modified on 11/4/2019 (rro).
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| Filing 9 FIRST LETTER addressed to Judge Deborah A. Batts from Edward Carlson dated October 29, 2019 re: status of arbitration and request for additional order. Document filed by East Towing and Salvage, Inc.. (Attachments: #1 proposed Additional Order)(Carlson, Edward) |
| Filing 8 AFFIDAVIT OF SERVICE of Interrogatories, Verified Complaint in Admiralty, Rule 7.1 Corporate Disclosure Statement, Civil Cover Sheet, Order Directing Clerk to issue process of maratime attachment and garnishment and appointing process server, summons in a civil action, electronic case filing rules and instructions, individual practices of Judge Deborah A. Batts served on VERIDIUM LTD on 10/9/2019. Service was accepted by Scott Parson, Executive Assistant to Legal Counsel. Document filed by East Towing and Salvage, Inc.. (Carlson, Edward) |
| Filing 7 AFFIDAVIT OF SERVICE of Interrogatories, Verified Complaint in Admiralty, Rule 7.1 Corporate Disclosure Statement, Civil Cover Sheet, Order Directing Clerk to issue process of maratime attachment and garnishment and appointing process server, summons in a civil action, electronic case filing rules and instructions, individual practices of Judge Deborah A. Batts served on HOYOS LLC on 10/10/2019. Service was accepted by C. Ward, Law Clerk. Document filed by East Towing and Salvage, Inc.. (Carlson, Edward) |
| Filing 6 AFFIDAVIT OF SERVICE of Interrogatories, Verified Complaint in Admiralty, Rule 7.1 Corporate Disclosure Statement, Civil Cover Sheet, Order Directing Clerk to issue process of maratime attachment and garnishment and appointing process server, summons in a civil action, electronic case filing rules and instructions, individual practices of Judge Deborah A. Batts served on EYELOCK LLC on 10/9/2019. Service was accepted by Maksim Abadjev, Engineer. Document filed by East Towing and Salvage, Inc.. (Carlson, Edward) |
| MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Blue Ocean 1 LLC, Hector Hoyos on 9/17/19 in the amount of $189,582.69. (mro) |
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Filing 5
ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESSSERVER: ACCORDINGLY, IT IS HEREBY ORDERED, that Process of Maritime Attachment and Garnishment shall issue against all tangible or intangible property belonging to Defendants Blue Ocean 1 LLC and Hector Hoyos (collectively "Defendants") held by any garnishee identified in Schedule A to this Order, upon whom a copy of the Process of Maritime Attachment and Garnishment may be served, in an amount of up to US $189,582.69 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure; 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; and it is further, ORDERED, that upon expiration or vacatur of this Order by reason of the two preceding paragraphs, 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 Deborah A. Batts on 10/3/2019) (rro)
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| Filing 4 PROPOSED ORDER. Document filed by East Towing and Salvage, Inc.. (Carlson, Edward) Proposed Order to be reviewed by Clerk's Office staff. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. 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. (sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #4 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 3 CIVIL COVER SHEET filed. (Carlson, Edward) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by East Towing and Salvage, Inc..(Carlson, Edward) |
| Filing 1 COMPLAINT against Blue Ocean 1 LLC, Hector Hoyos. (Filing Fee $ 400.00, Receipt Number ANYSDC-17616806)Document filed by East Towing and Salvage, Inc..(Carlson, Edward) |
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