Absolute Nevada, LLC v. Grand Majestic Riverboat Company LLC
| Absolute Nevada, LLC |
| Grand Majestic Riverboat Company LLC |
| 1:2019cv11479 |
| December 16, 2019 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Contract: Marine |
| 09 U.S.C. § 0003 |
| None |
Docket Report
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Filing 19
STIPULATION AND ORDER: IT IS HEREBY STIPULATED and agreed as follows by and for defendant, Grand Majestic Riverboat Company, its officers, directors, shareholders, agents, employees, servants, attorneys, and all persons in active concert or participation with them (collectively referred to as "GMRC") as follows: 1) that GMRC has no rights in or to the M/V Americana; it does not have the Vessel under charter; and GMRC shall not in any way interfere with Absolute Nevada's operation, use, chartering, sale and/or disposal of the MN Americana, and as further set forth in this stipulation. IT IS FURTHER STIPULATED by and between the parties that the Court's December 23, 2019 Order (Doc. 7) is replaced by this Stipulation and Order; and plaintiff's motion (Doc. 1) is adjourned sine die. The Clerk shall terminate the motion and administratively close the action. (Signed by Judge P. Kevin Castel on 1/6/2020) (jwh)
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Filing 18
LETTER addressed to Judge P. Kevin Castel from James D. Kleiner dated January 6, 2020 re: Absolute Nevada LLC v. Grand Majestic Riverboat Company LLC. Document filed by Absolute Nevada, LLC. (Attachments: #1 Stipulation and Order)(Kleiner, James)
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Filing 17
LETTER addressed to Judge P. Kevin Castel from James D Kleiner dated 1/3/2020 re: Report on arbitration and effort to stipulate. Document filed by Absolute Nevada, LLC.(Kleiner, James)
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Filing 16
ORDER granting #12 Motion for Adam M. Wernicke to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Filing 15
RESPONSE TO ORDER TO SHOW CAUSE re: #7 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Grand Majestic Riverboat Company LLC. (O'Brien, Casey)
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Filing 14
NOTICE OF APPEARANCE by Adam M Wernicke on behalf of Absolute Nevada, LLC. (Wernicke, Adam)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Adam M. Wernicke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18393149. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 13
MEMO ENDORSEMENT on re: #10 Letter re: 21 day Extension to Oppose the Order to Show Cause filed by Grand Majestic Riverboat Company LLC.ENDORSEMENT: It is inexplicable, even with holidays, why counsel would have received the Order to Show Cause on December 22 but not seek an adjournment of the December 30 due date until December 30. Time to respond extended to January 3. Hearing date remains scheduled for January 7., Show Cause Response due by 1/3/2020. (Signed by Judge P. Kevin Castel on 12/31/2019) (rj)
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Filing 12
MOTION for Adam M. Wernicke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18393149. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Absolute Nevada, LLC.(Kleiner, James)
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Filing 11
LETTER addressed to Judge P. Kevin Castel from James D. Kleiner dated December 30, 2019 re: Absolute Nevada LLC v. Grand Majestic Riverboat Company LLC. Document filed by Absolute Nevada, LLC.(Kleiner, James)
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Filing 10
LETTER addressed to Judge P. Kevin Castel from James E. Forde dated December 30, 2019 re: 21 day Extension to Oppose the Order to Show Cause. Document filed by Grand Majestic Riverboat Company LLC.(Forde, James)
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Filing 9
CERTIFICATE OF SERVICE of Order and Proposed Order (Doc. 7); Verified Complaint and Exhibits (Doc. 1, Exh. 1-21); Declaration of Vicki L. Porter (Doc. 5, Exh. A); Local Civil Rule 6.1(d) Declaration (Doc. 4); Rule 7.1 Statement (Doc. 3). served on Grand Majestic Riverboat Company LLC on December 23, 2019. Service was made by Mail. Document filed by Absolute Nevada, LLC. (Kleiner, James)
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Filing 8
NOTICE OF APPEARANCE by James Edward Forde on behalf of Grand Majestic Riverboat Company LLC. (Forde, James)
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Filing 7
ORDER. The annexed "Proposed Order To Show Cause for a Temporary Restraining Order" (the "Annexed Proposed Order") will be construed as a motion for a preliminary injunction for the relief sought therein, together with an application for a temporary restraining order. Let the defendant show cause at a hearing held on Januaty 7, 2020 at 3 pm in the United States Courthouse, 500 Pearl Street, Courtroom 11D, why the relief sought in the Annexed Proposed Order ought not be granted. Answering papers shall be filed by December 30, 2019. Any reply shall be filed by January 3, 2020. The plaintiff's application for a temporary restraining order is GRANTED as to the relief sought in the second proposed decretal paragraph of the Annexed Proposed Order and DENIED as to the relief sought in the first proposed decretal paragraph of the Annexed Proposed Order. No security shall be required. The reasons for the grant of the temporary restraining order is that plaintiff has demonstrated that it may be injured by the institution of litigation in any other forum than before the arbitral panel or this Court. Plaintiff has not otherwise demonstrated entitlement to any other injunctive relief. This Order and all submissions by plaintiff, including the complaint, declarations and exhibits, shall be served upon defendant no later than 5 pm December 24, 2019. SO ORDERED. (Show Cause Hearing set for 1/7/2020 at 03:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Replies due by 1/3/2020.) Show Cause Response due by 12/30/2019. (Signed by Judge P. Kevin Castel on 12/23/2019) (rjm)
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Filing 6
PROPOSED ORDER. Document filed by Absolute Nevada, LLC. (Kleiner, James) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 5
AFFIRMATION of Vicki L. Porter in Support re: #1 Complaint. Document filed by Absolute Nevada, LLC. (Attachments: #1 Exhibit Exhibit A)(Kleiner, James)
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Filing 4
AFFIRMATION of James D. Kleiner in Support re: #1 Complaint. Document filed by Absolute Nevada, LLC. (Kleiner, James)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Absolute Nevada, LLC.(Kleiner, James)
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***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED TEMPORARY RESTRAINING ORDER. Notice to Attorney James Kleiner re: Document #6 Proposed Order was rejected by the Clerk's Office for the following reason, the Temporary Restraining Order should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (km)
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Filing 2
CIVIL COVER SHEET filed. (jgo) (jgo).
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Filing 1
COMPLAINT against Grand Majestic Riverboat Company LLC. (Filing Fee $ 400.00, Receipt Number 465401250546)Document filed by Absolute Nevada, LLC.(jgo) (Additional attachment(s) added on 12/18/2019: #1 Exhibit 1-21) (jgo).
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Case Designated ECF. (jgo)
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Magistrate Judge James L. Cott 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. (jgo)
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| Plaintiff: Absolute Nevada, LLC | |
| Represented By: | James Durham Kleiner |
| Represented By: | Adam M Wernicke |
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| Defendant: Grand Majestic Riverboat Company LLC | |
| Represented By: | James Edward Forde |
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