Delta Corp Shipping Pte Ltd v. Rankers International Pvt Ltd
| Delta Corp Shipping Pte Ltd |
| Rankers International Pvt Ltd |
| 1:2020cv09258 |
| November 4, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Marine |
| 28 U.S.C. § 1333 ad |
| None |
Docket Report
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This docket was last retrieved on December 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 ELECTRONIC SUMMONS ISSUED as to Rankers International Pvt Ltd..(pc) |
Filing 19
ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER: A CCORDINGLY, IT IS HEREBY O RDERED, that Process of Maritime Attachment and Garnishment shall issue against all tangible or intangible property belonging to or being held for Defendant by HSBC and/or Citibank, upon whom a copy of the Process of Maritime Attachment and Garnishment may be served in an a mount of up to US $561,790.16 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure; and, it is further, ORDERED, that any person claiming an interest in any property attached or garnished pursuant to this Order shall, upon application to the Court, be entitled to a prompt hearing at which the Plaintiff shall be required to show why the attachment and garnishment should not be vacated; and it is further, ORDERED, that any person at least 18 years of age and not a party to this action, employed with or appointed by Lauren B. Wilgus, be and hereby is appointed to serve this Order a nd Process of Maritime Attachment and Garnishment on HSBC in New York and on such additional garnishees as permitted herein; and it is further, ORDERED, that any person at least 18 years of age and not a party to this action, employed with or appointed by Lauren B. Wilgus, be and hereby is appointed to serve this Order a nd Process of Maritime Attachment and Garnishment on Citibank in New York and on such additional garnishees as permitted herein; and it is further, ORDERED, that supplemental process specifying other or additional garnishees and enforcing the Court's Order may not be issued by the Clerk without further Order of the Court; and it is further, ORDERED, that upon expiration or vacatur of this Order by reason of the preceding paragraph, this Action may be dismissed without prejudice, without costs, and without further notice to any party. The Plaintiff is directed to submit a letter to the Court informing it of the automatic expiration of the Order. And as set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/22/2020) (ama) Transmission to Orders and Judgments Clerk for processing.
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| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Rankers International Pvt Ltd, re: #13 Amended Complaint. Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lauren Brooke Wilgus to RE-FILE Document No. #16 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong event type was used to file the request for issuance of summons; Use the standard AO 440 summons form not the FIOA summons form. Do not place the word "Supplemental" on the summons form;. 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 17 LETTER addressed to Judge Paul A. Engelmayer from Lauren Wilgus dated 12/21/20 re: Amended Complaint and Proposed Order Directing the Clerk to Issue a Supplemental Process of Maritime Attachment and Garnishment. Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Rankers International Pvt Ltd, re: #13 Amended Complaint. Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) Modified on 12/22/2020 (pc). |
| Filing 15 MOTION for Writ of Process of Maritime Attachment and Garnishment {"PMAG") as to Garnishee Citibank . Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) |
| Filing 14 PROPOSED ORDER. Document filed by Delta Corp Shipping Pte Ltd. (Attachments: #1 Supplemental Declaration in Support of Amended Order Directing Issuance of Supplemental Maritime Writ) Related Document Number: #13 ..(Wilgus, Lauren) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 13 AMENDED COMPLAINT amending #1 Complaint against Rankers International Pvt Ltd.Document filed by Delta Corp Shipping Pte Ltd. Related document: #1 Complaint..(Wilgus, Lauren) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order, was reviewed and approved as to form. (dt) |
| MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Rankers International Pvt Ltd on 11/6/2020 in the amount of $561,790.16. (tro) |
| Filing 12 APPLICATION for Writ of Process of Maritime Attachment and Garnishment as to Garnishee HSBC Bank USA. Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) |
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Filing 11
ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER: ACCORDINGLY, IT IS HEREBY ORDERED, that Process of Maritime Attachment and Garnishment shall issue against all tangible or intangible property belonging to or being held for Defendant by HSBC, upon whom a copy of the Process of Maritime Attachment and Garnishment may be served in an amount of up to US $561,790.16 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure; and, it is further, ORDERED, that any person claiming an interest in any property attached or garnished pursuant to this Order shall, upon application to the Court, be entitled to a prompt hearing at which the Plaintiff shall be required to show why the attachment and garnishment should not be vacated; and it is further, ORDERED, that supplemental process specifying other or additional garnishees and enforcing the Court's Order may not be issued by the Clerk without further Order of the Court; and it is further, ORDERED, that initial service by the designated process server shall be made personally upon the Garnishee; and it is further, ORDERED, that at the request of the Garnishee, Plaintiff is required to pay a reasonable fee for processing this attachment, as determined by the Garnishee; and it is further,ORDERED, that a copy of this Order be attached to and served with initial service of the Process of Maritime Attachment and Garnishment upon the Garnishee; and it is further, ORDERED, that pursuant to Federal Rule of Civil Procedure 5(b)(2)(E) and/or (F), any Garnishee may consent to deem service to be effective and continuous for any period of time not to exceed 60 days from the date of this order. Such consent may be manifested in the Garnishee'srules, policies or other instructions regarding service; and it is further, ORDERED, that this Order shall automatically expire 90 days from the date of its issuance if no assets or other property has been restrained pursuant to this Order, unless the Plaintiff shows good cause for an extension of this Order for an additional 60 days. Further 60 -day extensions may be granted in the discretion of the Court, but only upon a showing by Plaintiff of extraordinary circumstances. All applications for extensions shall be made by letter to the Court; and it is further, ORDERED, that upon expiration or vacatur of this Order by reason of the preceding paragraph, this Action may be dismissed without prejudice, without costs, and without further notice to any party. The Plaintiff is directed to submit a letter to the Court informing it ofthe automatic expiration of the Order. And as set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/05/2020) (ama)
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| Filing 10 NOTICE of Application for Writ of Process of Maritime Attachment and Garnishment as to Garnishee HSBC Bank USA. Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) |
| Filing 9 DECLARATION of Elizabeth Turnbull in Support re: #1 Complaint, #6 Proposed Order. Document filed by Delta Corp Shipping Pte Ltd. (Attachments: #1 Exhibit A, Part 1 - Claim Submission, #2 Exhibit A, Part 2 - Claim Submission).(Wilgus, Lauren) |
| Filing 8 DECLARATION of Lauren Wilgus in Support re: #1 Complaint, #6 Proposed Order. Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) |
| Filing 7 MEMORANDUM OF LAW in Support re: #1 Complaint, #6 Proposed Order . Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) |
| Filing 6 PROPOSED ORDER. Document filed by Delta Corp Shipping Pte Ltd. Related Document Number: #1 ..(Wilgus, Lauren) Proposed Order to be reviewed by Clerk's Office staff. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lauren Wilgus to RE-FILE Document #4 Proposed Order. ERROR(S): Documents have to be filed separately. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Lauren Wilgus to RE-FILE Document #5 Notice of Application for Writ. ERROR(S): Format of Document. Document should be the same format as Order Name of Court, then Caption of case with case number and judges initials to the right, the same as the order. (dt) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Application for Writ of Process of Maritime Attachment and Garnishment as to Garnishee HSBC Bank USA. Document filed by Delta Corp Shipping Pte Ltd.(Wilgus, Lauren) Modified on 11/5/2020 (dt). |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Delta Corp Shipping Pte Ltd. (Attachments: #1 Memorandum of Law in Support of Order for Maritime Attachment, #2 Declaration of Lauren Wilgus in Support of Order for Maritime Attachment, #3 Declaration of Elizabeth Turnbull in Support of Order for Maritime Attachment, #4 Exhibit A, Part 1 - Claim Submission, #5 Exhibit A, Part 2 - Claim Submisson, #6 Proposed Maritime Writ to be Issued by the Clerk of Court) Related Document Number: #1 .(Wilgus, Lauren) Proposed Order to be reviewed by Clerk's Office staff. Modified on 11/5/2020 (dt). |
| Filing 3 CIVIL COVER SHEET filed..(Wilgus, Lauren) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) |
| Filing 1 COMPLAINT against Rankers International Pvt Ltd. (Filing Fee $ 400.00, Receipt Number ANYSDC-22442050)Document filed by Delta Corp Shipping Pte Ltd..(Wilgus, Lauren) |
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| Defendant: Rankers International Pvt Ltd | |
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| Plaintiff: Delta Corp Shipping Pte Ltd | |
| Represented By: | Lauren Brooke Wilgus |
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