Ebomwonyi v. Sea Shipping Line
| Owolabi Olowookere and Omoruyi Ebomwonyi |
| Sea Shipping Line and Maersk Lines |
| 1:2019cv11243 |
| December 9, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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| Filing 43 LETTER addressed to Judge Jesse M. Furman from O. Ebomwonyi, dated 1/20/20 re: This letter is our response to the request for information contained in your Order dated 12/18/19 for which an enlargement of time was requested; that the only thing outstanding is now discovery and a pretrial hearing; and plaintiffs will be interested if the Court can assist parties with settlement discussion. Document filed by Omoruyi Ebomwonyi.(sc) |
Filing 42
ORDER denying as moot #33 Motion for Extension of Time to File. Plaintiffs' motion to extend the time to file a letter in response to the Court's order entered on December 18, 2019, is DENIED as moot. Plaintiffs shall file a single opposition to both of the new motions to dismiss by February 28, 2020. Defendants' replies, if any, are due by March 13, 2020. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. The Clerk of Court is directed to terminate ECF No. 33 and to mail a copy of this Order to Plaintiffs. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/21/20) (yv) Transmission to Docket Assistant Clerk for processing.
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| Set/Reset Deadlines as to #34 MOTION to Dismiss - Renewed as per Court's Order of December 18, 2019., #36 MOTION to Dismiss Amended Complaint. Responses due by 2/28/2020. Replies due by 3/13/2020. (yv) |
| Mailed a copy of #42 Order on Motion for Extension of Time to File, to Omoruyi Ebomwonyi and Owolabi Olowookere 1007 Laurel Oak Trail Pflugerville, TX 78660. (aea) |
| Filing 41 CERTIFICATE OF SERVICE of Notice to Pro Se Litigant Who Opposes Rule 12 Motion Supported by Matters Outside the Pleadings served on Omoruyi Ebomwonyi and Owolabi Olowookere on January 17, 2020. Service was made by Mail. Document filed by Sea Shipping Line. (Greco, John) |
| Filing 40 NOTICE of To Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings re: #37 Memorandum of Law in Support of Motion, #36 MOTION to Dismiss Amended Complaint.. Document filed by Sea Shipping Line. (Greco, John) |
| Filing 39 NOTICE of of filing of motion and response deadline re: #34 MOTION to Dismiss - Renewed as per Court's Order of December 18, 2019.. Document filed by Maersk Lines. (Gorman, Richard) |
| Filing 38 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Certification and Memo of Law in Support of Motion served on Omoruyi Ebomwonyi and Owolabi Olowookere on January 17, 2020. Service was made by Mail. Document filed by Sea Shipping Line. (Greco, John) |
| Filing 37 MEMORANDUM OF LAW in Support re: #36 MOTION to Dismiss Amended Complaint. . Document filed by Sea Shipping Line. (Greco, John) |
| Filing 36 MOTION to Dismiss Amended Complaint. Document filed by Sea Shipping Line. Responses due by 2/18/2020 (Attachments: #1 Affidavit Certification of Frederick Morgenthaler In Support)(Greco, John) |
| Filing 35 AFFIDAVIT OF SERVICE of Renewed Motion to Dismiss served on Omoruyi Ebomwonyi and Owolabi Olowookere on 01/17/20. Service was made by Mail. Document filed by Maersk Lines. (Gorman, Richard) |
| Filing 34 MOTION to Dismiss - Renewed as per Court's Order of December 18, 2019. Document filed by Maersk Lines. Responses due by 2/7/2020 (Attachments: #1 Exhibit A - Renewed Motion to Dismiss, #2 Text of Proposed Order 1 - renewed motion to dismiss, #3 Text of Proposed Order 2 - renewed motion to dismiss)(Gorman, Richard) |
| Filing 32 CERTIFICATE OF SERVICE of Notice of Appearance served on Plaintiffs Ebomwonyi and Olowookere on January 8, 2020. Service was made by Mail. Document filed by Sea Shipping Line. (Greco, John) |
| Filing 31 NOTICE OF APPEARANCE by John Greco on behalf of Sea Shipping Line. (Greco, John) |
| Filing 33 PLAINTIFFS'FIRST MOTION FOR ENLARGEMENT OF TIME FOR THIS FILING, re:for Extension of Time to File letter pursuant to Court's Order filed 12/18/19. Document filed by Omoruyi Ebomwonyi, Owolabi Olowookere.(sc) |
| Filing 30 AFFIDAVIT OF SERVICE of letter to court of 01.03.2020 served on Omoruyi Ebomwonyi and Owolabi Olowookere on 01.03.2020. Service was made by Mail. Document filed by Maersk Lines. (Gorman, Richard) |
| Filing 29 LETTER addressed to Judge Jesse M. Furman from Richard L. Gorman dated 1/03/20 re: in accordance with the Court's order of 12.18.19. Document filed by Maersk Lines.(Gorman, Richard) |
| Filing 28 CERTIFICATE OF SERVICE of Letter to Judge Furman dated December 31, 2019 served on Plaintiffs Ebomwonyi and Olowookere on December 31, 2019. Service was made by Mail. Document filed by Sea Shipping Line. (Greco, John) |
| Filing 27 LETTER addressed to Judge Jesse M. Furman from John Greco dated December 31, 2019 re: Order dated December 18, 2019. Document filed by Sea Shipping Line.(Greco, John) |
| Filing 26 AFFIDAVIT OF SERVICE of Motion for Admission Pro Hac Vice served on Omoruyi Ebomwonyi and OwoLabi Olowookere on 12/31/19. Service was made by Mail. Document filed by Maersk Lines. (Gorman, Richard) |
| Filing 25 AFFIDAVIT OF SERVICE of court order - Dkt. No. 22 served on Omoruyi Ebomwonyi, owolabi Olowookere and Sea Shipping Line on 12/31/19. Service was made by Mail. Document filed by Maersk Lines. (Gorman, Richard) |
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Filing 24
ORDER granting #23 Motion for Richard L. Gorman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 23 MOTION for Richard L. Gorman to Appear Pro Hac Vice for Maersk Line A/S. Filing fee $ 200.00, receipt number ANYSDC-18385072. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maersk Lines. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Gorman, Richard) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Richard L. Gorman to Appear Pro Hac Vice for Maersk Line A/S. Filing fee $ 200.00, receipt number ANYSDC-18385072. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Mailed a copy of the Pro Se Information Packet to Omoruyi Ebomwonyi and Owolabi Olowookere 1007 Laurel Oak Trail Pflugerville, TX 78660. (nb) |
| Mailed a copy of #22 Order, Set Deadlines/Hearings, to Omoruyi Ebomwonyi and Owolabi Olowookere 1007 Laurel Oak Trail Pflugerville, TX 78660. (vba) |
| Transmission to Pro Se Assistants. Transmitted re: #22 Order,,,,, Set Deadlines/Hearings,,,,, to the Pro Se Assistants for processing. (ama) |
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Filing 22
ORDER: This case was transferred from the Western District of Texas. Unless and until the Court orders otherwise, Defendants shall file any Answer, renewed motion to dismiss, or otherwise respond to the Amended Complaint by January 17, 2020. Further, no later than January 3, 2020, Plaintiffs and Defendants shall each submit a letter, not to exceed (5) pages, providing the following information in separate paragraphs: as set forth herein. The counsel who first enters a notice of appearance is directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this Order forthwith, and (2) to file proof of such notice with the Court. The Clerk of the Court is directed to mail a copy of this Order and a Pro Se Information Packet to Plaintiffs. SO ORDERED., Maersk Lines answer due 1/17/2020; Sea Shipping Line answer due 1/17/2020. (Signed by Judge Jesse M. Furman on 12/18/2019) (ama) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (wb) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 21 CASE TRANSFERRED IN from the United States District Court - District of Texas Western; Case Number: 1:19-cv-00364. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 20
ORDER GRANTING IN PART AND DENYING IN PART #15 Motion to Dismiss ; DENYING #16 Motion to Dismiss Signed by Judge Lee Yeakel. (cj) [Transferred from Texas Western on 12/9/2019.]
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| Filing 19 Response in Opposition to Motion, filed by Omoruyi Ebomwonyi, re #16 MOTION to Dismiss Plaintiffs' Claims as time barred, or alternatively, for improper service of process filed by Defendant Maersk Lines (cj) [Transferred from Texas Western on 12/9/2019.] |
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Filing 18
ORDER GRANTING #17 Motion for Extension of Time to File Response/Reply Signed by Judge Lee Yeakel. (cj) [Transferred from Texas Western on 12/9/2019.]
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| Filing 17 MOTION for Extension of Time to File Response as to #16 MOTION to Dismiss Plaintiffs' Claims as time barred, or alternatively, for improper service of process by Omoruyi Ebomwonyi. (cj) [Transferred from Texas Western on 12/9/2019.] |
| Filing 16 MOTION to Dismiss Plaintiffs' Claims as time barred, or alternatively, for improper service of process by Maersk Lines. (Attachments: #1 Exhibit 1 to Motion to Dismiss, #2 Exhibit 2 to Motion to Dismiss, #3 Exhibit 3 to Motion to Dismiss, #4 Exhibit 4 to Motion to Dismiss, #5 Proposed Order 1, #6 Proposed Order 2)(Gorman, Richard) [Transferred from Texas Western on 12/9/2019.] |
| Filing 15 MOTION to Dismiss the Amended Complaint or, in the Alternative, to Transfer the Case Pursuant To 28 U.S.C. 1404 (a) by Sea Shipping Line. (Attachments: #1 Exhibit A, #2 Proposed Order Granting Motion to Dismiss Amended Complaint, #3 Proposed Order Granting Case be Transferred)(Walters, Kevin) [Transferred from Texas Western on 12/9/2019.] |
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Filing 14
Text Order GRANTING #10 Motion for Extension of Time to File entered by Judge Lee Yeakel. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amc) [Transferred from Texas Western on 12/9/2019.]
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| Filing 13 Summons Issued as to Maersk Lines. (lt) [Transferred from Texas Western on 12/9/2019.] |
| Filing 12 FIRST AMENDED COMPLAINT against Sea Shipping Line, Maersk Lines, filed by Omoruyi Ebomwonyi, Owolabi Olowookere.(lt) [Transferred from Texas Western on 12/9/2019.] |
| Filing 11 Response in Opposition to Motion, filed by Sea Shipping Line, re #10 MOTION for Extension of Time to File filed by Plaintiff Omoruyi Ebomwonyi (Attachments: #1 Proposed Order)(Walters, Kevin) [Transferred from Texas Western on 12/9/2019.] |
| Filing 10 SECOND MOTION for Extension of Time to File Amended Complaint. by Omoruyi Ebomwonyi. (cj) [Transferred from Texas Western on 12/9/2019.] |
| Motions No Longer Referred to Judge Hightower: #3 MOTION TO DISMISS PLAINTIFF OMORUYI EBOMWONYIS COMPLAINT OR IN THE ALTERNATIVE TO TRANSFER THE CASE PURSUANT TO 28 U.S.C. 1404 (a) (cj) [Transferred from Texas Western on 12/9/2019.] |
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Filing 9
ORDER DISMISSING #3 Motion to Dismiss Plaintiff's Complaint or in the Alternative to Transfer the Case. Signed by Judge Lee Yeakel. (cj) [Transferred from Texas Western on 12/9/2019.]
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| Filing 8 REPLY to Response to Motion, filed by Sea Shipping Line, re #3 MOTION TO DISMISS PLAINTIFF OMORUYI EBOMWONYIS COMPLAINT OR IN THE ALTERNATIVE TO TRANSFER THE CASE PURSUANT TO 28 U.S.C. 1404 (a) filed by Defendant Sea Shipping Line (Attachments: #1 Exhibit A)(Walters, Kevin) [Transferred from Texas Western on 12/9/2019.] |
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Filing 7
ORDER REFERRING MOTION: #3 MOTION TO DISMISS PLAINTIFF OMORUYI EBOMWONYIS COMPLAINT OR IN THE ALTERNATIVE TO TRANSFER THE CASE PURSUANT TO 28 U.S.C. 1404 (a) filed by Sea Shipping Line. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Susan Hightower. (cj) [Transferred from Texas Western on 12/9/2019.]
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| Filing 6 Memorandum in Opposition to Motion, filed by Omoruyi Ebomwonyi, re #3 MOTION TO DISMISS PLAINTIFF OMORUYI EBOMWONYIS COMPLAINT OR IN THE ALTERNATIVE TO TRANSFER THE CASE PURSUANT TO 28 U.S.C. 1404 (a) filed by Defendant Sea Shipping Line (Attachments: #1 Supplement)(cj) [Transferred from Texas Western on 12/9/2019.] |
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Filing 5
ORDER GRANTING #4 Motion for Extension of Time to File Response/Reply Signed by Judge Lee Yeakel. (afd) [Transferred from Texas Western on 12/9/2019.]
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| Filing 4 MOTION for Extension of Time to File Response/Reply as to #3 MOTION TO DISMISS PLAINTIFF OMORUYI EBOMWONYIS COMPLAINT OR IN THE ALTERNATIVE TO TRANSFER THE CASE PURSUANT TO 28 U.S.C. 1404 (a) by Omoruyi Ebomwonyi. (cj) [Transferred from Texas Western on 12/9/2019.] |
| Filing 3 MOTION TO DISMISS PLAINTIFF OMORUYI EBOMWONYIS COMPLAINT OR IN THE ALTERNATIVE TO TRANSFER THE CASE PURSUANT TO 28 U.S.C. 1404 (a) by Sea Shipping Line. (Attachments: #1 Exhibit A, #2 Proposed Order)(Walters, Kevin) [Transferred from Texas Western on 12/9/2019.] |
| DEMAND for Trial by Jury by Omoruyi Ebomwonyi. (dl) [Transferred from Texas Western on 12/9/2019.] |
| Filing 2 Summons Issued as to Sea Shipping Line. (dl) [Transferred from Texas Western on 12/9/2019.] |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 100035499), filed by Omoruyi Ebomwonyi. (Attachments: #1 Civil Cover Sheet) #2 Receipt) (dl). Modified on 3/29/2019 to add copy of receipt (dl). [Transferred from Texas Western on 12/9/2019.] |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) [Transferred from Texas Western on 12/9/2019.] |
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