Wells Fargo Bank, N.A. v. Bouchard Transportation Co. Inc.
| Wells Fargo Bank, N.A. |
| Bouchard Transportation Co. Inc., BARGE B. No. 250 and M/V Evening Star |
| McAllister Towing of Connecticut, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC and Billybey Marina Services, LLC |
| Tug Evening Star Corp., B. No. 250 Corp. and Bouchard Transportation Co.,Inc. |
| 1:2020cv04695 |
| June 18, 2020 |
| US District Court for the Southern District of New York |
| James L Cott |
| Laura Taylor Swain |
| Contract: Marine |
| 28 U.S.C. § 1333 ad |
| None |
Docket Report
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Filing 81
ORDER. Bouchard is directed to respond to the August 11 letter from Billybey no later than August 17. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Filing 80 LETTER addressed to Magistrate Judge James L. Cott from Christopher Raleigh, Esq. dated 8/11/20 re: Request for Telephone Conference. Document filed by Billybey Marina Services, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Raleigh, Christopher) |
| Filing 79 NOTICE OF APPEARANCE by George Michael Chalos on behalf of B. No. 250 Corp., BARGE B. No. 250, BARGE B. No. 250, Bouchard Transportation Co. Inc., Bouchard Transportation Co.,Inc., M/V Evening Star, M/V Evening Star, Tug Evening Star Corp...(Chalos, George) |
| Filing 78 SUMMONS RETURNED EXECUTED. Bouchard Transportation Co. Inc. served on 7/8/2020, answer due 7/29/2020. Service was accepted by Sue Zouky, Secretary of the State, State of New York (agent). Document filed by Wells Fargo Bank, N.A...(Colarossi, Alice) |
| Filing 77 SUMMONS RETURNED EXECUTED. M/V Evening Star served on 7/8/2020, answer due 7/29/2020. Service was accepted by Sue Zouky, Secretary of the State, State of New York (agent). Document filed by Wells Fargo Bank, N.A...(Colarossi, Alice) |
| Filing 76 SUMMONS RETURNED EXECUTED. BARGE B. No. 250 served on 7/8/2020, answer due 7/29/2020. Service was accepted by Sue Zouky, Secretary of the State, State of New York (agent). Document filed by Wells Fargo Bank, N.A...(Colarossi, Alice) |
| Filing 75 NOTICE of Invoice of Substitute Custodian. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Bouchard NY Wells Fargo Invoice 8-3-20).(Freeberg, Jane) |
| Filing 74 SUMMONS RETURNED EXECUTED Summons and Intervenor Complaint, served. Tug Evening Star Corp. served on 7/30/2020, answer due 8/20/2020. Service was accepted by Edward J. Bowmaker, Corporate Division, Department of State of NY. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 73 SUMMONS RETURNED EXECUTED Summons and Intervenor Complaint, served. Bouchard Transportation Co.,Inc. served on 7/30/2020, answer due 8/20/2020. Service was accepted by Edward J. Bowmaker, Corporate Division, Department of State of NY. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 72 SUMMONS RETURNED EXECUTED Summons and Intervenor Complaint, served. B. No. 250 Corp. served on 7/30/2020, answer due 8/20/2020. Service was accepted by Edward J. Bowmaker, Corporate Division, Department of State of NY. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 71 SUMMONS RETURNED EXECUTED Summons and Intervenor Complaint, served. Bouchard Transportation Co.,Inc. served on 7/27/2020, answer due 8/17/2020. Service was accepted by NY Secretary of State. Document filed by McAllister Towing of Philadelphia, Inc.; McAllister Towing of Connecticut, LLC; McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company; McAllister Towing of New York, LLC; Portland Tugboat LLC..(Simms, J.) |
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Filing 70
ORDER granting #67 Letter Motion for Conference. As discussed at today's conference (which included the participation of Morton Bouchard III, the chief executive officer of Bouchard Transportation), the motion to withdraw is granted effective immediately. The Bouchard defendants are directed to retain new counsel no later than August 5, 2020, and new counsel shall file a notice of appearance by that date. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 7/29/2020. (Tam, David) |
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Filing 69
ORDER taking under advisement #67 Motion for Conference. Freehill Hogan's apparently unopposed motion to withdraw (at least by plaintiffs and intervening plaintiffs) in these related cases is hereby taken under advisement and the Court will hold a telephone conference on July 29 at 3:00 p.m. to discuss this motion. Freehill Hogan is directed to have an authorized representative of the Bouchard defendants participate in the conference in order to be heard as to both the motion to withdraw and, if it is granted, Bouchard's position as to how long it would take to retain new counsel (the Court being mindful that Bouchard has already been directed to do so by July 29 in the Eastern District of New York in related litigation). The parties and the Bouchard representative shall call the Court at (877) 873-8017, access code: 5277586 at the designated time. Freehill Hogan shall provide a copy of this text order to its clients forthwith. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 68 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge James L. Cott from J. Stephen Simms dated July 27, 2020 re: #67 LETTER MOTION for Conference addressed to Magistrate Judge James L. Cott from John J. Walsh dated July 27, 2020. . Document filed by McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC..(Simms, J.) |
| Filing 67 LETTER MOTION for Conference addressed to Magistrate Judge James L. Cott from John J. Walsh dated July 27, 2020. Document filed by B. No. 250 Corp., BARGE B. No. 250, Bouchard Transportation Co. Inc., M/V Evening Star, Tug Evening Star Corp...(Walsh, John) |
| Filing 66 CLAIM FOR Right or Interest. Document filed by Bouchard Transportation Co.,Inc., M/V Evening Star, Tug Evening Star Corp...(Walsh, John) |
| Filing 65 CLAIM FOR Right or Interest. Document filed by B. No. 250 Corp., BARGE B. No. 250, Bouchard Transportation Co. Inc...(Walsh, John) |
| Filing 64 ELECTRONIC SUMMONS ISSUED as to B. No. 250 Corp...(pc) |
| ADMIRALTY WARRANT ISSUED as to BARGE B. No. 250 on 7/22/2020 on behalf of McAllister Towing of Connecticut, LLC, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., McAllister Towing of Baltimore, Inc., Portland Tugboat LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, Tugz Company LLC.(tro) Modified on 7/23/2020 (tro). |
| ADMIRALTY WARRANT ISSUED as to Tug Evening Star Corp. on 7/22/2020 on behalf of McAllister Towing of Connecticut, LLC, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., McAllister Towing of Baltimore, Inc., Portland Tugboat LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, Tugz Company LLC. (tro) Modified on 7/23/2020 (tro). |
| Filing 63 REQUEST FOR ISSUANCE OF SUMMONS as to B. No. 250 Corp., re: #55 Intervenor Complaint,. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 62 ELECTRONIC SUMMONS ISSUED as to Tug Evening Star Corp...(pc) |
| Filing 61 ELECTRONIC SUMMONS ISSUED as to Bouchard Transportation Co.,Inc...(pc) |
| Filing 60 ELECTRONIC SUMMONS ISSUED as to Bouchard Transportation Co.,Inc...(pc) |
| Filing 59 NOTICE of Invoice of Substitute Custodian. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Invoice 7-20-20).(Freeberg, Jane) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Raleigh to RE-FILE Document No. #56 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Caption title has a typo;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 58 REQUEST FOR ISSUANCE OF SUMMONS as to Bouchard Transportation Co., Inc., re: #55 Intervenor Complaint,. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 57 REQUEST FOR ISSUANCE OF SUMMONS as to Tug Evening Star Corp., re: #55 Intervenor Complaint,. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 56 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to B. No. 250 Corp., re: #55 Intervenor Complaint,. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) Modified on 7/22/2020 (pc). |
| Filing 55 INTERVENOR COMPLAINT against B. No. 250 Corp., BARGE B. No. 250, Bouchard Transportation Co.,Inc., Tug Evening Star Corp., M/V Evening Star.Document filed by Billybey Marina Services, LLC. (Attachments: #1 Exhibit Exhibit A).(Raleigh, Christopher) |
| Filing 54 REQUEST FOR ISSUANCE OF SUMMONS as to Bouchard Transportation Co., Inc., re: #47 Intervenor Complaint,. Document filed by McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC..(Simms, J.) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney J. Stephen Simms to RE-FILE Document No. #48 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Caption title on the summons must match the intervenor complaint caption title and list every interenvor plaintiff and defendant. Use et al. after the first listed plaintiff and defendant;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Raleigh to RE-FILE Document No. #51 Request for Issuance of Summons, #52 Request for Issuance of Summons, #53 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Bouchard Transportation Co.,Inc., Tug Evening Star Corp., B. No. 250 Corp. added. Party added pursuant to #49 Intervenor Complaint,.Document filed by Billybey Marina Services, LLC. Related document: #49 Intervenor Complaint,..(Raleigh, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher Raleigh to RE-FILE re: Document No. #49 Intervenor Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Add B. No 250 to CM ECF as an Intervenor Defendant. 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 Intervenor 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. (pc) |
| ADMIRALTY WARRANT ISSUED as to BARGE B. No. 250, M/V Evening Star on 7/21/2020 on behalf of BillyBey Marina Services, LLC. (tro) Modified on 7/23/2020 (tro). |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Billybey Marina Services, LLC added. Party added pursuant to #49 Intervenor Complaint,.Document filed by Billybey Marina Services, LLC. Related document: #49 Intervenor Complaint,..(Raleigh, Christopher) |
| ADD PARTY FOR PLEADING. Defendants/Respondents BARGE B. No. 250, Bouchard Transportation Co.,Inc., Tug Evening Star Corp. added. Party added pursuant to #49 Intervenor Complaint,.Document filed by Billybey Marina Services, LLC. Related document: #49 Intervenor Complaint,..(Raleigh, Christopher) |
| Filing 53 REQUEST FOR ISSUANCE OF SUMMONS as to Bouchard Transportation Co., Inc., re: #49 Intervenor Complaint. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 52 REQUEST FOR ISSUANCE OF SUMMONS as to Tug Evening Star Corp., re: #49 Intervenor Complaint. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 51 REQUEST FOR ISSUANCE OF SUMMONS as to B. No. 250 Corp., re: #49 Intervenor Complaint. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 50 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 49 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - INTERVENOR COMPLAINT against BARGE B. No. 250, Bouchard Transportation Co.,Inc., Tug Evening Star Corp..Document filed by Billybey Marina Services, LLC. (Attachments: #1 Exhibit Exhibit A).(Raleigh, Christopher) Modified on 7/21/2020 (pc). |
| Filing 48 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Bouchard Transportation Co., Inc., re: #47 Intervenor Complaint,. Document filed by McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC..(Simms, J.) Modified on 7/21/2020 (pc). |
| Filing 47 INTERVENOR COMPLAINT against BARGE B. No. 250, Bouchard Transportation Co. Inc., M/V Evening Star.Document filed by McAllister Towing of Philadelphia, Inc., McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, Portland Tugboat LLC..(Simms, J.) |
| Filing 46 NOTICE of Arrest and Affidavit of Publication. Document filed by Wells Fargo Bank, N.A...(Colarossi, Alice) |
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Filing 45
ORDER GRANTING INTERVENING PLAINTIFFS' UNOPPOSED/ EX PARTE MOTION TO INTERVENE PURSUANT TO FED. R. CIV. P. 24(a)(2), FOR ISSUE OF WARRANT OF ARREST OF TUG EVENING STAR AND BARGE B. NO. 250, AND FOR ALTERNATIVE SERVICE OF ARREST WARRANTS: This Court hereby GRANTS the motion, and ORDERS as follows: 1. Intervening Plaintiffs shall have leave to intervene in this action; 2. Their Intervening Complaint, filed with their motion, shall be docketed in thisaction; 3. The Clerk shall issue the Warrant of Arrest for the TUG EVENING STAR, in rem, and BARGE B. No. 250, in rem; and 4. Considering that the Vessels are currently arrested and NMS is currently serving as the substitute custodian, the Warrants for Arrest are effectively served on the Vessels when issued by the Clerk and posted on the Court's docket (and thereby served by NEF to counsel of each party in this action). 5. The Vessels may be released from seizure without further Order of this Court if the United States Marshals Service receives written authorization from the attorney who requested the seizure, and that such attorney advises that s/he has conferred with all counsel representing all of the parties to the litigation and they consent to the release, if the attorney files the consent and the Court has not entered an Order to the contrary. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 7/16/2020) (kv) Transmission to Office of the Clerk of Court for processing.
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Filing 44
ORDER GRANTING EX PARTE UNOPPOSED MOTION TO INTERVENE PURSUANT TO FED. R.CIV. P. 24(a)(2), FOR ISSUANCE OF A WARRANT OF ARREST OF M/V EVENING STAR AND BARGE B. NO. 250 AND FOR ALTERNATIVE SERVICE OF WARRANT OF ARREST granting #11 Motion for Issuance of Admiralty Warrant. IT IS HEREBY ORDERED: 1. Intervening Plaintiff shall have leave to intervene in this action; 2. The Verified Intervening Complaint filed with the Intervening Plaintiffs motion shall be docketed in this action; 3. The Clerk shall issue the Warrant of Arrest for the Vessels M/V EVENING STAR and BARGE B. No. 250, in rem; and, 4. The Intervening Plaintiff's motion for alternative service is granted and the Warrant for Arrest, Intervening Complaint and this Court's Order shall be deemed to be served on the Vessels when issued by the Clerk and posted on the Courts docket and thereby served by Notice of Electronic Filing to counsel of each party in this action. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 7/16/2020) (kv) Transmission to Office of the Clerk of Court for processing.
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Filing 43
ORDER granting #29 Motion to Intervene. As Judge Swain has referred this case to me for general pretrial supervision, I have reviewed this motion to intervene and hereby grant it as all of the requirements of Rule 24 are met. The Court will enter and separately docket the proposed order submitted by the proposed intervenor. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Filing 42
ORDER granting #15 Motion to Intervene. As Judge Swain has referred this case to me for general pretrial supervision, I have reviewed this motion to intervene and hereby grant it as all of the requirements of Rule 24 are met. The Court will enter and separately docket the proposed order submitted by the proposed intervenor. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Transmission to Finance Unit (Cashiers). Transmitted re: #45 Order, #44 Order on Motion for Issuance of Admiralty Warrant, to the Finance Unit (Cashiers) for case processing. (kv) |
| Filing 41 NOTICE of Invoice of Substitute Custodian. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Bouchard NY Wells Fargo Invoice 7-6-20).(Freeberg, Jane) |
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Filing 40
ORDER granting #39 Motion for Michael B Taylor to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Michael B. Taylor to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 39 MOTION for Michael B. Taylor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Taylor Affidavit in Support of Motion for PHV Admission, #2 Text of Proposed Order).(Colarossi, Alice) |
| Filing 38 DECLARATION of Michael B. Taylor in Support re: #37 MOTION for Michael B. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20604484. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Good standing certificate, #2 Good standing certificate).(Colarossi, Alice) |
| Filing 37 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael B. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20604484. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order).(Colarossi, Alice) Modified on 7/8/2020 (aea). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #37 MOTION for Michael B. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20604484. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Texas; Missing Affidavit (Notarized)/Declaration;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order - attach Affidavit/Declaration. (aea) |
| Filing 36 NOTICE OF APPEARANCE by John Joseph Walsh on behalf of Bouchard Transportation Co. Inc...(Walsh, John) |
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Filing 35
ORDER granting #21 Motion for J. James Cooper to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Filing 34
ORDER granting #22 Motion for Keely Dulaney to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Filing 33
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Laura Taylor Swain on 6/30/2020) (js)
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| Filing 32 ELECTRONIC SUMMONS ISSUED as to BARGE B. No. 250..(pc) |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to M/V Evening Star..(pc) |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Intervene *CORRECTED* Motion to Intervene for the Issuance of Warrant of Arrest of m/v Evening Star and Barge B. 250 and for Alternative Service of Warrant of Arrest. MOTION to Intervene *CORRECTED* Motion to Intervene for the Issuance of Warrant of Arrest of m/v Evening Star and Barge B. 250 and for Alternative Service of Warrant of Arrest. . Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 29 MOTION to Intervene *CORRECTED* Motion to Intervene for the Issuance of Warrant of Arrest of m/v Evening Star and Barge B. 250 and for Alternative Service of Warrant of Arrest. Document filed by Billybey Marina Services, LLC. (Attachments: #1 Verified Intervening Complaint, #2 Exhibit Exhibit A: Barge 250, #3 Warrant of Arrest of Evening star and B. No. 250 Star, #4 Proposed Order).(Raleigh, Christopher) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to Bouchard Transportation Co. Inc...(dnh) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Billybey Marina Services, LLC..(Raleigh, Christopher) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Intervene FOR ISSUANCE OF A WARRANT OF ARREST OF M/V EVENING STAR and BARGE B. NO. 250 and for ALTERNATIVE SERVICE OF WARRANT OF ARREST. Document filed by Billybey Marina Services, LLC. (Attachments: #1 Memorandum of Law in Support, #2 Verified Intervening Complaint, #3 Exhibit Exhibit A: Barge No. 250, #4 Warrant of Arrest of Evening Star and B. No. 250, #5 Text of Proposed Order Proposed Order, #6 Civil Cover Sheet Civil Cover Sheet, #7 Certificate of Service).(Raleigh, Christopher) Modified on 6/26/2020 (ldi). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher Raleigh to RE-FILE Document #26 MOTION to Intervene FOR ISSUANCE OF A WARRANT OF ARREST OF M/V EVENING STAR and BARGE B. NO. 250 and for ALTERNATIVE SERVICE OF WARRANT OF ARREST. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jane M. Freeberg. The party information for the following party/parties has been modified: Bouchard Transportation Co. Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to M/V Evening Star, her engines, tackle, furniture, apparel, appurtenances, etc., in rem, re: #1 Complaint. Document filed by Wells Fargo Bank, N.A...(Freeberg, Jane) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to Barge No. 250, her engines, tackle, furniture, apparel, appurtenances, etc., in rem, re: #1 Complaint. Document filed by Wells Fargo Bank, N.A...(Freeberg, Jane) |
| Filing 23 REQUEST FOR ISSUANCE OF SUMMONS as to Bouchard Transportation Co, Inc., re: #1 Complaint. Document filed by Wells Fargo Bank, N.A...(Freeberg, Jane) |
| Filing 22 MOTION for Keely Dulaney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20416768. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit in Support of Motion for PHV Admission, #2 Text of Proposed Order).(Colarossi, Alice) |
| Filing 21 MOTION for J. James Cooper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-20416522. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit in Support of Motion for PHV Admission, #2 Text of Proposed Order).(Colarossi, Alice) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Keely Dulaney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20416768. Motion and supporting papers to be reviewed by Clerk's Office staff., #21 MOTION for J. James Cooper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-20416522. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for J. Stephen Simms to Appear Pro Hac Vice Corrected Motion. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 20 MOTION for J. Stephen Simms to Appear Pro Hac Vice Corrected Motion. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC. (Attachments: #1 Affidavit of J. Stephen Simms in Support of PHV Motion, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Simms, J.) |
| Filing 19 MOTION for J. Stephen Simms to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20363033. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC. (Attachments: #1 Affidavit of J. Stephen Simms in Support of PHV Motion, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Simms, J.) |
| Filing 18 PROPOSED ORDER. Document filed by McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC. Related Document Number: #15 ..(Simms, J.) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent McAllister Towing And Transportation Company, Inc. for McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC. Document filed by McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC..(Simms, J.) |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Intervene . . Document filed by McAllister Towing of Connecticut, LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC. (Attachments: #1 Proposed Intervening Complaint, #2 Proposed Warrant of Arrest - B-250, #3 Warrant of Arrest - TUG EVENING STAR, #4 Text of Proposed Order).(Simms, J.) |
| Filing 15 MOTION to Intervene . Document filed by McAllister Towing of Connecticut, LLC, McAllister Towing of New York, LLC, McAllister Towing of Philadelphia, Inc., Portland Tugboat LLC, McAllister Towing of Narragansett Bay, LLC d/b/a Providence Steamboat Company..(Simms, J.) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order, was reviewed and approved as to form. (dt) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for J. Stephen Simms to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20363033. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the motion is not correct, all the case numbers on the pdf are incorrect; Affidavits not notarized -. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (laq) Modified on 6/22/2020 (laq). |
| Filing 14 AFFIDAVIT OF SERVICE of Complaint, Warrant, Order for Issuance of Warrant, Order for Appointment of Substitute Custodian served on BARGE B. NO. 250 on June 20, 2020. Document filed by Wells Fargo Bank, N.A...(Colarossi, Alice) |
| Filing 13 AFFIDAVIT OF SERVICE of Complaint, Warrant, Order for Issuance of Warrant, Order for Appointment of Substitute Custodian served on M/V EVENING STAR on June 20, 2020. Document filed by Wells Fargo Bank, N.A...(Colarossi, Alice) |
| Minute Entry for proceedings held before Judge Laura Taylor Swain: Motion Hearing held on 6/19/2020 re: #2 MOTION for Issuance of Admiralty Warrant of Arrest, Appointment of Substitute Custodian ans Service of Process filed by Wells Fargo Bank, N.A. Court Reporter Steve Griffing present. MOTION HEARING held telephonically. Counsel for Wells Fargo Jane Sarma, Alice Colarossi and Keely Dulaney present. The Court granted the Ex Parte Motion for warrant of arrest. (Orders to follow.) (lan) |
| Filing 12 ADMIRALTY WARRANT ISSUED: In the name of the United States District Court for the Southern District of New York and in accordance with Supplemental Rule C for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure, you are commanded to arrest the following vessels: 1. M/V Evening Star, Official Number 1234828; and 2. Barge B. No. 250, Official Number 1235496,as well as each Vessel's engines, apparel, furniture, equipment, appurtenances, tackle, etc. (the "Vessels" and to detain same in your custody pending further order of this Court. YOU ARE HEREBY further commanded to serve a copy of the Verified Complaint, the Order Authorizing Issuance of Warrant of Arrest, and this Warrant on the person in possession of each vessel or her agents, and promptly return your writ. (.(ama) |
| Filing 11 EX PARTE ORDER AUTHORIZING THE ISSUANCE OF WARRANT OF ARREST: CAME ON FOR CONSIDERATION, Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo"), Motion for Issuance of Warrant of Arrest, and the Court having reviewed the Verified Complaint in Admiralty, and having determined that the conditions for an in rem action appear to exist in compliance with Supplemental Admiralty Rule C and that the relief sought is proper, finds that Wells Fargo's Motion is meritorious and should be GRANTED. It is therefore, ORDERED, ADJUDGED, and DECREED that a Warrant of Arrest be issued against the following vessels: 1. M/V Evening Star, Official Number 1234828; and 2. Barge B. No. 250, Official Number 1235496, as well as each Vessel's engines, apparel, furniture, equipment, appurtenances, tackle, etc. (the "Vessels"). IT IS FURTHER ORDERED that the United States Marshal Service for the Southern District of New York seize the Vessels, serve a copy of this Order and the Verified Complaint with said Warrant of Arrest on the person in charge of the Vessels or her agent, and return the warrant promptly; and IT IS FURTHER ORDERED that the Vessels may be released from seizure without further order of this Court if the Marshal receives written authorization from the attorney who requested the seizure, and that such attorney advises that he has conferred with all counsel representing all of the parties to the litigation and they consent to the release, if the attorney files the consent and the Court has not entered any Order to the contrary.(ama) |
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Filing 10
EX PARTE ORDER FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN AND FOR SERVICE OF PROCESS: re: #9 Proposed Order filed by Wells Fargo Bank, N.A. ORDERED AND ADJUDGED that the Motion is GRANTED. IT IS FURTHER ORDERED that the United States Marshal for the Southern District of New York is hereby authorized and directed upon the seizure of the M/V Evening Star, Official Number 1234828, and Barge B. No. 250, Official Number 1235496 (collectively, the "Vessels"), and the Vessels' engines, apparel, furniture, equipment, appurtenances, tackle, etc., in rem, pursuant to said Warrant of Arrest, to surrender the possession thereof to the custody of the Substitute Custodian, National Maritime Services, Inc. ("NMS"), by their arrest. IT IS FURTHER ORDERED that the Marshal be discharged from his duties and responsibilities for the safekeeping of the Vessels and be held harmless from any and all claims arising out of the substituted possession and safekeeping. IT IS FURTHER ORDERED that Alice D. Colarossi, Alan Swimmer and Gerard LoPreiato are hereby appointed as substitute process servers to serve the Warrants of Arrest on the Vessels. IT IS FURTHER ORDERED that NMS is hereby appointed the substitute custodian of the Vessels to retain the same in custody for possession and safekeeping during the pendency of their arrest in this jurisdiction, for the compensation set forth in the fee schedule included in the Consent and Indemnification Agreement for the Appointment of a Substitute Custodian filed with the Court. IT IS FURTHER ORDERED that NMS shall, at the direction of the Vessel's owner or Wells Fargo, and by appointment only, permit prospective purchasers to board and inspect theVessels. IT IS FURTHER ORDERED that NMS shall maintain adequate insurance to respond in damages for loss or injury to the Vessels or for damage sustained by third parties due to any act, fault, or negligence by the substitute custodian. Specifically, NMA shall maintain Commercial General Liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence/aggregate or equivalent umbrella coverage. IT IS FURTHER ORDERED that Wells Fargo shall immediately deposit $25,000 into a Wells Fargo account (the "Account"). NMS shall access funds in the Account to collect fees for its services within the scope of this order. Every two weeks from the first Monday following thisOrder, NMS shall submit invoices to Wells Fargo for these services. Within five business days of receiving an invoice, Wells Fargo shall replenish the Account with the invoiced amount. NMS's fee schedule is attached as Appendix A to this Order. And as set forth herein. (Signed by Judge Laura Taylor Swain on 6/19/2020) (ama) Transmission to Office of the Clerk of Court for processing.
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| Filing 9 PROPOSED ORDER. Document filed by Wells Fargo Bank, N.A.. Related Document Number: #2 ..(Colarossi, Alice) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 8 PROPOSED ORDER. Document filed by Wells Fargo Bank, N.A.. Related Document Number: #2 ..(Colarossi, Alice) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 7 PROPOSED ORDER. Document filed by Wells Fargo Bank, N.A.. Related Document Number: #2 ..(Colarossi, Alice) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jane M. Freeberg. The following case opening statistical information was erroneously selected/entered: Dollar Demand $166,333,132,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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..(pc) |
| Case Designated ECF. (pc) |
| Transmission to Office of the Clerk of Court. Transmitted re: #12 Admiralty Warrant Issued,,,, to the Office of the Clerk of Court for processing..(ama) |
| Transmission to Office of the Clerk of Court. Transmitted re: #11 MOTION for Issuance of Admiralty Warrant., to the Office of the Clerk of Court for processing..(ama) |
| 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. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #8 Proposed Order #9 Proposed Order #7 Proposed Order was reviewed and approved as to form. (km) |
| Filing 6 NOTICE OF APPEARANCE by Alice DeJuvigny Colarossi on behalf of Wells Fargo Bank, N.A...(Colarossi, Alice) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo and Company for Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A...(Colarossi, Alice) |
| Filing 4 CIVIL COVER SHEET filed..(Freeberg, Jane) |
| Filing 3 MEMORANDUM OF LAW in Support re: #2 MOTION for Issuance of Admiralty Warrant of Arrest, Appointment of Substitute Custodian ans Service of Process. . Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Verified Complaint).(Freeberg, Jane) |
| Filing 2 MOTION for Issuance of Admiralty Warrant of Arrest, Appointment of Substitute Custodian ans Service of Process. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Proposed Ex Parte Order Authorizing Issuance of Arrest Warrant, #2 Exhibit Proposed Warrant of Arrest., #3 Exhibit Proposed Ex Parte Order Appointing Substitute Custodian, #4 Exhibit Custodian Consent Schedule).(Freeberg, Jane) |
| Filing 1 COMPLAINT against Bouchard Transportation Co. Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20320847)Document filed by Wells Fargo Bank, N.A...(Freeberg, Jane) |
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