Classic Maritime Inc. v. XCoal Energy and Resources LLC
| Classic Maritime Inc. |
| XCoal Energy and Resources LLC d/b/a XCoal Energy and Resources and XCoal Energy and Resources LLC doing business as XCoal Energy and Resources |
| HSBC BANK USA, N.A., |
| 1:2021cv00766 |
| January 27, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 |
| None |
Docket Report
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This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 ANSWER to Writ of Garnishment . Document filed by HSBC BANK USA, N.A.,..(McPhee, Sean) |
| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/18/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 30 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/18/2021 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/30/2021. Redacted Transcript Deadline set for 4/9/2021. Release of Transcript Restriction set for 6/7/2021..(McGuirk, Kelly) |
Filing 29
ORDER denying #16 Motion to Vacate #16 MOTION to Vacate Writ of Maritime Attachment. As indicated on the record at the February 18, 2021 hearing, the motion to vacate attachment order by Defendant Xcoal Energy and Resources LLC is DENIED. The Clerk of Court is respectfully directed to close the motion at Docket 16. The Court hereby stays this matter pending the resolution of the underlying arbitration. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/26/2021) (rj)
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| Case Stayed (rj) |
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Filing 28
STIPULATION AND ORDER DIRECTING RELEASE OF ATTACHED FUNDS: NOW, THEREFORE, it is hereby stipulated by the parties and ORDERED that: 1. HSBC Bank shall arrange for the release of the Attached Funds to the Escrow Account upon further direction of the Parties; 2. PNC Bank shall release the Released Funds held at PNC Bank belonging to Defendant; 3. The Attached Funds shall not be subject to attachment in New York or otherwise when being transferred, processed, and subsequently submitted to the Escrow Account; and 4. HSBC Bank and PNC Bank are hereby directed to promptly release the funds in accordance with the provisions of the above stipulation. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/23/2021) (rj)
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| Filing 27 PROPOSED STIPULATION AND ORDER. Document filed by Classic Maritime Inc...(Power, James) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Motion Hearing held on 2/18/2021. Robert Denig and James Power for Plaintiffs. Lauren Wilgus, Keith Letourneau and Zachary Cain for Defendants. (Court Reporter: Vincent Bologna) (tdh) |
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Filing 26
ORDER: The Court hereby sets a hearing for February 18, 2021 at 10:00 a.m. Participants are directed to contact the Court at that date and time at (888) 363-4749 (access code: 3768660). So Ordered. Telephone Conference set for 2/18/2021 at 10:00 AM before Judge Andrew L. Carter Jr. ) (Signed by Judge Andrew L. Carter, Jr on 2/12/2021) (js)
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| Filing 25 NOTICE OF APPEARANCE by Keith Bernard Letourneau on behalf of XCoal Energy and Resources LLC..(Letourneau, Keith) |
| Filing 24 LETTER addressed to Judge Andrew L. Carter, Jr. from James H. Power dated 2/11/21 re: response to Defendant XCoal Energy and Resources' letter motion dated 2/10/21 (Dkt # 12). Document filed by Classic Maritime Inc...(Power, James) |
| Filing 23 LETTER addressed to Judge Andrew L. Carter, Jr. from Lauren B. Wilgus dated 2/10/21 re: Maritime Attachment. Document filed by XCoal Energy and Resources LLC..(Wilgus, Lauren) |
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE: granting #20 Motion for Keith B. Letourneau to Appear Pro Hac Vice. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 2/10/2021) (js)
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| Filing 21 LETTER addressed to Judge Andrew L. Carter, Jr. from Lauren B. Wilgus dated 2/10/21 re: Vacating Maritime Attachment. Document filed by XCoal Energy and Resources LLC. (Attachments: #1 Exhibit 1 - E-Mail dated 2/9/21).(Wilgus, Lauren) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Motion Hearing by telephone on 2/10/2021. Francis Robert Denig and James H. Power for Plaintiff. Lauren Brooke Wilgus, Keith Letourneau, and Zachary Cain for Defendant. Plaintiff is ordered to file a supplemental submission in response to Defendants 2/10/2021 letter by 2/12/2021. Defendant is ordered to file a response by 2/15/2021. (Court Reporter: Mike Mc Daniel) (tdh) |
| Filing 20 MOTION for Keith B. Letourneau to Appear Pro Hac Vice (Revised Motion). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by XCoal Energy and Resources LLC..(Letourneau, Keith) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Keith B. Letourneau to Appear Pro Hac Vice (Revised Motion). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for Keith B. Letourneau to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23859220. 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 Supreme Court of Texas. We do not accept certificates from a state bar registrar for this state.;. 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.. (bcu) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Vacate Writ of Maritime Attachment. . Document filed by Classic Maritime Inc...(Power, James) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Keith B. Letourneau to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23859220. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by XCoal Energy and Resources LLC..(Letourneau, Keith) Modified on 2/9/2021 (bcu). |
| Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Vacate Writ of Maritime Attachment. . Document filed by XCoal Energy and Resources LLC. (Attachments: #1 Exhibit A - Xcoal NY Registration, #2 Exhibit B - Time Charter, #3 Text of Proposed Order to Vacate Maritime Attachment).(Wilgus, Lauren) |
| Filing 16 MOTION to Vacate Writ of Maritime Attachment. Document filed by XCoal Energy and Resources LLC..(Wilgus, Lauren) |
| Writ of Attachment Issued against XCOAL ENERGY AND RESOURCES LLC and XCOAL ENERGY AND RESOURCES on 2/4/2021. (Signed by Clerk of Court Ruby Krajick on 2/4/2021).(laq) |
| Filing 15 LETTER addressed to Judge Andrew L. Carter, Jr. from Lauren B. Wilgus dated 2/3/21 re: Response to Plaintiff's Letter dated 2/3/21 (Dkt. 14). Document filed by XCoal Energy and Resources LLC..(Wilgus, Lauren) |
| Filing 14 LETTER addressed to Judge Andrew L. Carter, Jr. from James H. Power dated 2/3/21 re: response to Defendant XCoal Energy and Resources letter motion dated February 2, 2021 (Dkt # 12). Document filed by Classic Maritime Inc.. (Attachments: #1 Exhibit 1 - 6/10/20 Blank Rome's Letter).(Power, James) |
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Filing 13
ORDER: The Court is in receipt of the letter from Defendant XCoal Energy and Resources LLC. ECF No. 12. Plaintiff Classic Maritime Inc is ORDERED to respond no later than February 4, 2021. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 2/3/2021) (js)
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| Filing 12 LETTER addressed to Judge Andrew L. Carter, Jr. from Lauren B. Wilgus dated 2/2/21 re: Attachment Order. Document filed by XCoal Energy and Resources LLC. (Attachments: #1 Exhibit A - Xcoal NY Registration, #2 Exhibit B - STX Panocean v. Glory Wealth, #3 Exhibit C - Letter to Judge Broderick Re: Rule B, #4 Exhibit D - Order Denying Writ, #5 Exhibit E - E-Mail to Power).(Wilgus, Lauren) |
| Filing 11 NOTICE OF APPEARANCE by Francis Robert Denig on behalf of Classic Maritime Inc...(Denig, Francis) |
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Filing 10
ATTACHMENT ORDER: ORDERED that the Clerk shall issue process of attachment and garnishment pursuant to Supplemental Rule B as prayed for in the Verified Complaint in the amount $ 5,941,315.55 against all goods, chattel, credits, letters of credit, bills of landing, debts, effects and monies, funds, credits, accounts, letter of credit, or any other tangible or intangible property belonging to, claimed by, being held for or on behalf of XCOAL ENERGY AND RESOURCES LLC and XCOAL ENERGY AND RESOURCES, by any garnishee within this district, including inter alia, the following financial institutions: as set forth herein. ORDERED that a copy of this Attachment Order be attached to and served with the said process of maritime attachment and garnishment. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/01/2021) (ama) Transmission to Records Management Clerk for processing.
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Filing 9
ORDER: denying #8 Letter Motion to Stay. The Court is in receipt of the letter motion for stay by Defendant XCoal Energy and Resources LLC. ECF No. 8. The Court hereby DENIES the letter motion for stay. However, the Court GRANTS Defendant leave to move to vacate the attachment order issued today. The Parties are directed to comply with the following briefing schedule: Motion to Vacate: February 4, 2021. Response: February 8, 2021. Additionally, the Court hereby sets a hearing regarding the motion to vacate for February 10, 2021 at 3:00 p.m. Participants are directed to contact the Court at that date and time at (888) 363-4749 (access code: 3768660). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/01/2021) (ama)
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| Filing 8 LETTER MOTION to Stay re: #6 Proposed Order, #1 Complaint {Letter Motion to Deny Request for Issuance of Process of Maritime Attachment and Garnishment addressed to Judge Andrew L. Carter, Jr. from Lauren B. Wilgus dated 2/1/21. Document filed by XCoal Energy and Resources LLC. (Attachments: #1 Exhibit A - Opposition to Plaintiff's Application for Issuance of Writ of Maritime Attachment, #2 Exhibit 1 - Time Charter).(Wilgus, Lauren) |
| Set/Reset Deadlines: ( Motions due by 2/4/2021., Responses due by 2/8/2021), Set/Reset Hearings:( Telephone Conference set for 2/10/2021 at 03:00 PM before Judge Andrew L. Carter Jr..) (ama) |
| Filing 7 CIVIL COVER SHEET filed..(Power, James) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney James H. Power to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) |
| 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..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James H. Power. The party information for the following party/parties has been modified: XCoal Energy and Resources LLC. The information for the party/parties has been modified for the following reason/reasons: alias party was entered incorrectly. (dnh) |
| Magistrate Judge Kevin Nathaniel Fox 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. (dnh) |
| Case Designated ECF. (dnh) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #6 Proposed Order was reviewed and approved as to form. (ad) |
| Filing 6 PROPOSED ORDER. Document filed by Classic Maritime Inc.. (Attachments: #1 Writ of Attachment) Related Document Number: #1 ..(Power, James) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 5 MEMORANDUM OF LAW re: #1 Complaint and in Support of Plaintiff's Application For Issuance of a Writ of Maritime Attachment. Document filed by Classic Maritime Inc...(Power, James) |
| Filing 4 DECLARATION of James H. Power In Support of Rule B Attachment And Application For Substitute Process Server re: #1 Complaint . Document filed by Classic Maritime Inc...(Power, James) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Power, James) Modified on 1/28/2021 (dnh). |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Classic Maritime Inc...(Power, James) |
| Filing 1 COMPLAINT against XCoal Energy and Resources LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-23720666)Document filed by Classic Maritime Inc...(Power, James) |
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