Intermoor, Inc. v. U.S. Wind, Inc.
| Intermoor, Inc. |
| U.S. Wind, Inc. |
| UniCredit S.p.A., New York Branch |
| 1:2020cv04248 |
| June 3, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Contract: Marine |
| 28 U.S.C. § 1333 ad |
| None |
Docket Report
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Filing 26
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): NOW, pursuant to F. R. Civ. P. Rule 41(a)(1)(A)(i) Plaintiff dismisses this action without prejudice and without costs and dismisses its attachment of Defendant's funds at the Garnishee Bank. The funds in the registry of this Court, as a result of the attachment, should be returned to the Garnishee. The Clerk is directed to close this case and to close all pending motions. Any requests for costs and/or attorney's fees is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 7/23/2020) (ks)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #25 Notice of Voluntary Dismissal was reviewed and referred to Judge John G. Koeltl for approval for the following reason(s): Plaintiff dismisses this action without prejudice and without costs and dismisses its attachment of Defendants funds at the Garnishee Bank. (km) |
| Filing 25 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) U.S. Wind, Inc.. Document filed by Intermoor, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Moller, Jeffrey) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Vacate #12 Maritime Attachment and Garnishment Issued . MOTION to Transfer Case to the District of Maryland. . Document filed by Intermoor, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Moller, Jeffrey) |
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Filing 23
ORDER: As stated at the conference on July 20, 2020, the plaintiff may respond to the motion (Dkt. No. 16) by July 22, 2020 and the defendant may reply by July 27, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 7/20/2020) ( Responses due by 7/22/2020, Replies due by 7/27/2020.) (ks)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference held on 7/20/2020. (Fletcher, Donnie) |
| Filing 22 NOTICE OF APPEARANCE by Alexandra Clark on behalf of Intermoor, Inc...(Clark, Alexandra) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 7/20/2020 at 10:30 AM, before Judge John G. Koeltl. The parties shall dial (888) 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 21 NOTICE OF APPEARANCE by Stephanie L Denker on behalf of U.S. Wind, Inc...(Denker, Stephanie) |
| Filing 20 NOTICE OF APPEARANCE by Michael S. O'Reilly on behalf of U.S. Wind, Inc...(O'Reilly, Michael) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Renexia S.p.A, Corporate Parent Toto Holding S.p.A. for U.S. Wind, Inc.. Document filed by U.S. Wind, Inc...(O'Reilly, Michael) |
| Filing 18 NOTICE of Verified Statement of Interest. Document filed by U.S. Wind, Inc...(O'Reilly, Michael) |
| Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Vacate #12 Maritime Attachment and Garnishment Issued . MOTION to Transfer Case to the District of Maryland. . Document filed by U.S. Wind, Inc...(O'Reilly, Michael) |
| Filing 16 MOTION to Vacate #12 Maritime Attachment and Garnishment Issued ., MOTION to Transfer Case to the District of Maryland. Document filed by U.S. Wind, Inc...(O'Reilly, Michael) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #11 Order on Motion for Writ, dated 06/29/2020, from Judge John G. Koeltl, received $912.00 from RICHARDS KIBBE ORBE Receipt Number 465401261062 on 07/01/2020..(jgl) |
| Filing 15 NOTICE OF APPEARANCE by Jacob Joseph Taber on behalf of UniCredit S.p.A., New York Branch..(Taber, Jacob) |
| Filing 14 NOTICE OF APPEARANCE by Arthur S. Greenspan on behalf of UniCredit S.p.A., New York Branch..(Greenspan, Arthur) |
| Filing 13 ANSWER to Writ of Garnishment . Document filed by UniCredit S.p.A., New York Branch..(Greenspan, Arthur) |
| Filing 12 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to U.S. Wind, Inc. on 6/8/20 in the amount of $4046152.78. (yv) |
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Filing 11
ORDER OF ISSUANCE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT granting #8 Motion for Writ. InterMoor's Motion is meritorious and is hereby GRANTED. It is hereby: ORDERED that the Clerk shall issue process of maritime attachment and garnishment as prayed for in the Complaint and the Motion; ORDERED that cash, funds, credits, debts, bank accounts and/or correspondent accounts of, belonging to, due or for the benefit of US Wind, Inc. (collectively hereafter "Assets") including but not limited to Assets in its name and/or being held for its benefit, at UniCredit S.p.A., be attached and garnished up to the amount of $4,046,152.78 plus interest and costs; ORDERED that a copy of the Verified Complaint and this Order be served on Garnishee at UniCredit S.p.A., 150 East 42nd Street, New York, New York 10017; ORDERED that any person claiming an interest in the property attached or garnished pursuant to this Order shall be entitled upon application to the Court to a prompt hearing at which the Plaintiff shall be required to show why the attachment and garnishment should not be vacated or other relief granted consistent with the Admiralty Rules; ORDERED that the garnished Assets of US Wind, Inc. in the hands of Garnishee be deposited into the Registry of the Court and held to satisfy any judgment rendered in this case, and held subject to any further Order of the Court; ORDERED that pursuant to Fed.R.Civ.P. 4(c) any person at least 18 years of age and not a party to this action, appointed by Blank Rome LLP, be and hereby is appointed to serve this Order on the Garnishee; and ORDERED that the Clerk is hereby authorized to accept such funds and deposit them into the Registry of the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 6/5/20) (yv) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing. Transmission to Records Management Clerk for processing.
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| Filing 10 LETTER addressed to Judge John G. Koeltl from Jeffrey S. Moller dated 6/5/20 re: Order of Maritime Attachment. Document filed by Intermoor, Inc...(Moller, Jeffrey) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to U.S. Wind, Inc...(pne) |
| Filing 8 EX PARTE MOTION for Writ of Process of Maritime Attachment and Garnishment as to Garnishee UniCredit S.p.A. . Document filed by Intermoor, Inc...(Moller, Jeffrey) |
| Filing 7 AFFIDAVIT of Alexandra Clark re: #1 Complaint (Affidavit Pursuant to Supplemental Rule B). Document filed by Intermoor, Inc...(Moller, Jeffrey) |
| Filing 6 MEMORANDUM OF LAW re: #5 Proposed Order, . Document filed by Intermoor, Inc...(Moller, Jeffrey) |
| Filing 5 PROPOSED ORDER. Document filed by Intermoor, Inc.. (Attachments: #1 Affidavit in Support of Order for Appointment to Serve Process) Related Document Number: #1 ..(Moller, Jeffrey) Proposed Order to be reviewed by Clerk's Office staff. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(pne) |
| Magistrate Judge Gabriel W. Gorenstein 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. (pne) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #5 Proposed Order, was reviewed and approved as to form. (ad) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (ad) |
| Case Designated ECF. (pne) |
| Filing 4 CIVIL COVER SHEET filed..(Moller, Jeffrey) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Wind, Inc., re: #1 Complaint. Document filed by Intermoor, Inc...(Moller, Jeffrey) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Intermoor, Inc...(Moller, Jeffrey) |
| Filing 1 COMPLAINT against U.S. Wind, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20094032)Document filed by Intermoor, Inc...(Moller, Jeffrey) |
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