Miller's Tug and Barge, Inc. et al v. McLoughlin
Petitioner: Miller's Tug and Barge, Inc., as Owners and/or Owners pro hac vice of a 50-foot tugboat named "SHAWN MILLER", for Exoneration from or Limitation of Liability
Case Number: 1:2020cv00562
Filed: January 22, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1333 pi
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 10, 2020 Filing 8 LETTER OF APPRAISAL from Claudo Crivici, NAMS, CMS Marine Surveyor dated 12/20/2019, Castlerock Risk Services, LLC, 85 Broadway, Suite B, Amityville, N.Y. 11701, re: The Tug boat "Shawn Miller". Document filed by Miller's Marine, Inc., Miller's Tug and Barge, Inc..(dt)
February 10, 2020 Filing 7 AD INTERIM STIPULATION FOR VALUE re: #5 Order,. Document filed by Miller's Marine, Inc., Miller's Tug and Barge, Inc..(dt)
February 10, 2020 Filing 6 NOTICE OF COMPLAINT re: #1 Complaint, issued February 5, 2020. Document filed by Miller's Marine, Inc., Miller's Tug and Barge, Inc. Picked up February 10, 2020, by The Office of Rubin, Fiorella, Friedman & Mercante, LLP for publication in News Papers..(dt) Modified on 2/10/2020 (dt).
February 4, 2020 Transmission to Orders and Judgments Clerk. Transmitted re: #5 Order to the Orders and Judgments Clerk. (jwh) Modified on 2/5/2020 (jwh).
February 4, 2020 Opinion or Order Filing 5 ORDER: NOW, on motion of attorneys for petitioners, it is hereby: ORDERED that the above-described Ad Interim Stipulation for Value, with interest as aforesaid, filed by petitioners for the benefit of any and all claimants as security representing the petitioners' interest in the value of the vessel as of the date of the alleged incident, be and is hereby approved; and as further set forth in this order. IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk of this Court to all persons, firms, entities or corporations, having any claim or suit against the petitioners or their vessel with respect to which the Complaint seeks exoneration from or limitation of liability, admonishing them to file their respective claims with the Clerk of this Court, in writing, and to deliver or mail to the attorneys for the petitioners, James E. Mercante, Esq., RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy thereof, ON OR BEFORE THE 6 DAY OF APRIL, 2020 be defaulted; and as further set forth in this order. (Signed by Judge Andrew L. Carter, Jr on 2/4/2020) (jwh) Transmission to Office of the Clerk of Court for processing.
January 27, 2020 Magistrate Judge Barbara C. Moses 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)
January 27, 2020 Case Designated ECF. (jgo)
January 27, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo)
January 27, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kristin Eileen Poling. The party information for the following party/parties has been modified: Miller's Marine, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was entered incorrectly. (jgo)
January 24, 2020 Filing 4 COMPLAINT against John McLoughlin. Document filed by Miller's Tug and Barge, Inc., Miller's Marine, Inc., as Owner and/or Owner pro hac vice of a 50-foot tugboat named Shawn Miller, for Exoneration from or Limitation of Liability. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order, #4 Notice)(Poling, Kristin)
January 24, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kristin Eileen Poling to RE-FILE Document No. #3 Complaint. The filing is deficient for the following reason(s): Caption Error; the caption party roles must read PLAINTIFF v. CLAIMANT(S). REMOVE 'PETITIONERs' and replace with 'PLAINTIFFS' Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh)
January 23, 2020 Filing 3 FILING ERROR - PDF ERROR - COMPLAINT against John McLoughlin. Document filed by Miller's Tug and Barge, Inc., Miller's Marine, Inc., as Owner and/or Owner pro hac vice of a 50-foot tugboat named Shawn Miller, for Exoneration from or Limitation of Liability. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order, #4 Notice)(Poling, Kristin) Modified on 1/24/2020 (dnh).
January 23, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kristin Eileen Poling to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. The PDF case caption must be Plaintiff(s) v. Defendant(s)/Claimant(s); all of the parties listed on the pleading were not entered on CM ECF. Add party Miller's Marine, Inc. with party text 'as Owner and/or Owner pro hac vice of a 50-foot tugboat named "Shawn Miller", for Exoneration from or Limitation of Liability' and add Defendant(s)/Claimant(s). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 1/28/2020. (jgo)
January 23, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kristin Eileen Poling. The party information for the following party/parties has been modified: Miller's Tug and Barge, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was entered incorrectly. (jgo)
January 23, 2020 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Miller's Marine, Inc., as Owner and/or Owner pro hac vice of a 50-foot tugboat named Shawn Miller, for Exoneration from or Limitation of Liability added. Party added pursuant to #1 Complaint,,.Document filed by Miller's Marine, Inc., as Owner and/or Owner pro hac vice of a 50-foot tugboat named Shawn Miller, for Exoneration from or Limitation of Liability. Related document: #1 Complaint,,.(Poling, Kristin)
January 22, 2020 Filing 2 CIVIL COVER SHEET filed. (Poling, Kristin)
January 22, 2020 Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against Miller's Tug and Barge, Inc., as Owners and/or Owners pro hac vice of a 50-foot tugboat named "SHAWN MILLER", for Exoneration from or Limitation of Liability. (Filing Fee $ 400.00, Receipt Number ANYSDC-18565767)Document filed by Miller's Tug and Barge, Inc., as Owners and/or Owners pro hac vice of a 50-foot tugboat named "SHAWN MILLER", for Exoneration from or Limitation of Liability. (Attachments: #1 Exhibit A - Vessel Valuation, #2 Exhibit B - Ad Interim Stipulation for Value, #3 Text of Proposed Order, #4 Notice)(Poling, Kristin) Modified on 1/23/2020 (jgo).

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Petitioner: Miller's Tug and Barge, Inc., as Owners and/or Owners pro hac vice of a 50-foot tugboat named "SHAWN MILLER", for Exoneration from or Limitation of Liability
Represented By: Kristin Eileen Poling
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