Kondot S.A. v. Duron LLC
| Kondot S.A. |
| Duron LLC |
| 1:2020cv09881 |
| November 24, 2020 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Contract: Marine |
| 28 U.S.C. ยง 1333 mc |
| None |
Docket Report
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Filing 14
NOTICE OF VOLUNTARY DISMISSAL. PLEASE TAKE NOTICE, there having been no appearance from any Defendant, that the above-captioned matter be and hereby is voluntarily dismissed, without prejudice, and without costs, to any party pursuant to Fed. R. Civ. P. 41(a). The attachment is hereby vacated and the garnishee is directed to release any and all of Defendant's funds restrained pursuant to the Ex Parte Order and Process of Maritime Attachment and Garnishment. So ordered. Duron LLC terminated. (Signed by Judge Alison J. Nathan on 1/4/2021) (rjm) Transmission to Office of the Clerk of Court for processing.
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| Filing 13 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) Duron LLC. Document filed by Kondot S.A.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lennon, Kevin) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #13 Notice of Voluntary Dismissal was reviewed and referred to Judge Alison J. Nathan for approval for the following reason(s): the voluntary dismissal is requesting other relief. (km) |
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/12/2021 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 12/8/2020) (ks)
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| Vacated as per Judge's Order dated 1/4/2021, Doc. #14 MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Duron LLC on 12/2/2020 in the amount of $1,694,880.95. (tro) Modified on 1/5/2021 (rjm). |
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Filing 11
ORDER APPOINTING SPECIAL PROCESS SERVER PURSUANT TO F.R.C.P. RULE 4(c) granting #4 Motion for Issuance of Admiralty Warrant: ORDERED that Kevin J. Lennon or any other partner, associate, paralegal or agent of Lennon, Murphy & Phillips, LLC, be, and is hereby, appointed, in addition to the United States Marshal, to serve the Process of Attachment and Garnishment and the Verified Complaint, together with any interrogatories, upon the garnishee(s), together with any other garnishee(s) who (based upon information developed subsequent hereto by the Plaintiff) may hold assets of, or on account of, the Defendant. (Signed by Judge Alison J. Nathan on 11/30/2020) (jwh)
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Filing 10
ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER: ORDERED, that pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, the Clerk of the Court shall issue Process of Maritime Attachment and Garnishment against all tangible or intangible property, credits, letters of credit, bills of lading, effects, debts and monies, electronic funds transfers, freights, sub-freights, charter hire, sub-charter hire or any other funds or property up to the amount of $1,694,880.95 belonging to, due or owing to, from or for the benefit of the Defendant, including but not limited to such property as may be held, received or owed in Defendant's name(s) or as may be held, received or transferred for its benefit within the possession, custody or control of non-party garnishee Bank of America and/or any other banking/financial institutions and/or other entities, or such other garnishees as may be named on whom a copy of the Process of Maritime Attachment and Garnishment may be served; and as further set forth in this order. (Signed by Judge Alison J. Nathan on 11/30/2020) (jwh) Transmission to Office of the Clerk of Court for processing.
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| Filing 9 NOTICE OF APPEARANCE by Patrick F. Lennon on behalf of Kondot S.A...(Lennon, Patrick) |
| Filing 8 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #4 MOTION for Issuance of Admiralty Warrant . . Document filed by Kondot S.A...(Lennon, Kevin) |
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Filing 7
ORDER. The Court is in receipt of Plaintiff's Verified Complaint, motion for issuance of an admiralty warrant, its supporting declaration, Plaintiff's two proposed orders, and the memorandum of law in support of the motion. Dkt. Nos. 1, 4, 5. By no later than November 30, 2020, Plaintiff shall file a supplemental memorandum addressing why it is entitled to proceed ex parte. In its supplemental memorandum, Plaintiff shall also provide further support regarding its requests that (1) it be permitted to serve later identified garnishees without first seeking leave of the Court and that (2) any process served on the garnishee(s) be deemed effective and continuous, see Dkt. No. 4 paragraphs 10-11. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/24/2020) (rjm) Modified on 12/14/2020 (rjm).
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| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Duron LLC, re: #1 Complaint. Document filed by Kondot S.A...(Lennon, Kevin) Modified on 11/24/2020 (pc). |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION for Issuance of Admiralty Warrant . . Document filed by Kondot S.A...(Lennon, Kevin) |
| Filing 4 MOTION for Issuance of Admiralty Warrant . Document filed by Kondot S.A.. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order).(Lennon, Kevin) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kondot S.A...(Lennon, Kevin) |
| Filing 2 CIVIL COVER SHEET filed..(Lennon, Kevin) |
| Filing 1 COMPLAINT against Duron LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-22723871)Document filed by Kondot S.A.. (Attachments: #1 Exhibit, #2 Exhibit).(Lennon, Kevin) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kevin John Lennon to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is blank;. 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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 Debra C. Freeman 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) |
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| Defendant: Duron LLC | |
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| Plaintiff: Kondot S.A. | |
| Represented By: | Kevin John Lennon |
| Represented By: | Patrick F. Lennon |
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