Barnet Marine Inc. v. Laurel D Shipping LLC
| Barnet Marine Inc. |
| Laurel D Shipping LLC n/k/a Laurel Shipping LLC and Laurel D Shipping LLC |
| 1:2021cv05071 |
| June 8, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Marine |
| 28 U.S.C. § 1331 bc |
| None |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Fact Discovery due by 1/29/2022. The Court will determine an expert discovery deadline at the next pretrial conference. Pretrial Conference set for 2/4/2022 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/30/2021) (va)
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Filing 28
ORDER: IT IS HEREBY ORDERED that Defendant must answer the complaint by no later than Wednesday, September 1, 2021. IT IS FURTHER ORDERED that Defendant's motion to vacate the Order directing the Clerk to issue process of maritime attachment (Dkt. 11) and Defendant's motion for a partial judgment on the pleadings concerning the timeliness of Plaintiff's amended demurrage claim must be filed by no later than Friday, September 3, 2021. If Plaintiff believes that additional discovery is needed before it can respond in opposition to the motions, Plaintiff is directed to meet and confer with Defendant to come up with a joint expedited schedule for discovery on topics related to the motions. A joint letter about such discovery is due no later than Friday, September 17, 2021. If Plaintiff does not believe additional discovery is needed, its responses in opposition to the motions are due no later than Friday, October 1, 2021 and Defendant's replies in support of its motions are due no later than Friday, October 15, 2021. IT IS FURTHER ORDERED that the Court will enter a case management plan by separate order. IT IS FURTHER ORDERED that if, at any time, both parties want a settlement conference with the assigned Magistrate Judge or mediation as part of the Court-annexed mediation program, they may submit a joint letter requesting a referral. SO ORDERED. ( Motions due by 9/3/2021. Responses due by 10/1/2021. Replies due by 10/15/2021.) (Signed by Judge Valerie E. Caproni on 7/30/2021) (va)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 7/30/2021. Attorney Patrick Lennon present for the plaintiff. Attorney Casey O'Brien present for the defendant. Court Reporter Martha Martin present. (anc)
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NOTICE of Hearing: Please be advised the dial-in information for the Telephone Initial Conference set for 7/30/2021 at 11:30 AM before Judge Valerie E. Caproni is as follows: 1-888-363-4749, Conference ID: 3121171#, Security Code: 5071#. (anc)
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Filing 27
AFFIDAVIT OF SERVICE of Process of Maritime Attachment, Order for Rule B Attachment and Garnishment, Order for Alternate Process Server served on JPMorgan Chase on July 1, 2021. Service was accepted by Samaira Pecho Associate Banker. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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Filing 26
AFFIDAVIT OF SERVICE of Process of Maritime Attachment, Order for Rule B Attachment and Garnishment, Order for Alternate Process Server, Amended Complaint, 7.1 Disclosure, Complaint Exhibits, Civil Cover Sheet, Affidavit in Support, Memo of Law served on JPMorgan Chase on June 29, 2021. Service was accepted by Samaira Pecho Associate Banker. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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Filing 25
AFFIDAVIT OF SERVICE of Process of Maritime Attachment, Order for Rule B Attachment and Garnishment, Order for Alternate Process Server, Amended Complaint, 7.1 Disclosure, Complaint Exhibits, Civil Cover Sheet, Affidavit in Support, Memo of Law served on JPMorgan Chase on June 25, 2021. Service was accepted by Samaira Pecho Associate Banker. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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Filing 24
AFFIDAVIT OF SERVICE of Process of Maritime Attachment, Order for Rule B Attachment and Garnishment, Order for Alternate Process Server, Amended Complaint, 7.1 Disclosure, Complaint Exhibits, Civil Cover Sheet, Affidavit in Support, Memo of Law served on JPMorgan Chase on June 11, 2021. Service was accepted by Samaira Pecho Associate Banker. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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Filing 23
AFFIDAVIT OF SERVICE of Process of Maritime Attachment, Order for Rule B Attachment and Garnishment, Order for ALternate Process Server, Amended Complaint, 7.1 Disclosure, Complaint Exhibits, Civil Cover Sheet, Affidavit in Support, Memo of Law served on Freehill Hogan & Mahar LLP on June 11, 2021. Service was accepted by Jamie Pifalo. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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Filing 22
PROPOSED CASE MANAGEMENT PLAN. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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Filing 21
LETTER addressed to Judge Valerie E. Caproni from Patrick F Lennon dated 7/22/2021 re: Joint Case Management. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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Filing 20
NOTICE OF APPEARANCE by Casey M O'Brien on behalf of Laurel D Shipping LLC..(O'Brien, Casey)
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Filing 19
ORDER: granting in part and denying in part #18 Letter Motion for Extension of Time to Answer re #18 CONSENT LETTER MOTION for Extension of Time to File Answer to Amended Verified Complaint addressed to Judge Valerie E. Caproni from Justin M. Heilig dated 07-07-2021.CONSENT LETTER MOTION to Adjourn Conference Initial Pretrial Conference addressed to Judge Valerie E. Caproni from Justin M. Heilig dated 07-07-2021. Application GRANTED in part and DENIED in part. Defendant's deadline to answer, move, or otherwise respond to the Amended Verified Complaint is adjourned to Wednesday, September 1, 2021. But the Court sees no reason to adjourn the initial pretrial conference; Defendant should have enough time to prepare for the conference before the commencement of the Greek holiday season. The initial pretrial conference will take place as scheduled on Friday, July 30, 2021 at 11:30 A.M. and the joint pre-conference submissions are due no later than Thursday, July 22, 2021. For the conference dial in information and a description of the joint pre-conference submissions, the parties should consult the Court's order at docket entry 12. SO ORDERED. ( Initial Conference set for 7/30/2021 at 11:30 AM before Judge Valerie E. Caproni.); granting in part and denying in part #18 Letter Motion to Adjourn Conference. (Signed by Judge Valerie E. Caproni on 7/07/2021) (ama)
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Filing 18
CONSENT LETTER MOTION for Extension of Time to File Answer to Amended Verified Complaint addressed to Judge Valerie E. Caproni from Justin M. Heilig dated 07-07-2021., CONSENT LETTER MOTION to Adjourn Conference Initial Pretrial Conference addressed to Judge Valerie E. Caproni from Justin M. Heilig dated 07-07-2021. Document filed by Laurel D Shipping LLC..(Heilig, Justin)
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Filing 17
NOTICE OF APPEARANCE by Justin Matthew Heilig on behalf of Laurel D Shipping LLC..(Heilig, Justin)
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Filing 16
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Laurel D Shipping LLC served on 6/21/2021, answer due 7/12/2021. Service was accepted by Litigation Management Representative (name refused as per company policy) for Corporation Service Company. Document filed by Barnet Marine Inc...(Lennon, Kevin)
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Set/Reset Deadlines: Laurel D Shipping LLC answer due 9/1/2021. (ama)
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Filing 15
NOTICE OF APPEARANCE by Kevin John Lennon on behalf of Barnet Marine Inc...(Lennon, Kevin)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Laurel D Shipping LLC. (vf)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Laurel D Shipping LLC n/k/a Laurel Shipping LLC, re: #9 Amended Complaint. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Laurel D Shipping LLC on 6/11/2021 in the amount of $$591,253.39..(tro)
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference by telephone set for 7/30/2021 at 11:30 AM before Judge Valerie E. Caproni. At the scheduled time, counsel for all parties should call 888- 363-4749, Access code 3121171#, Security code 5701. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/11/2021) (vfr)
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Filing 11
ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER: NOW, upon motion of the Plaintiff, it is hereby: 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 fundstransfers, freights, sub-freights, charter hire, sub-charter hire or any other funds or property up to the amount of $591,253.39 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 JPMorgan Chase Bank NA 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 it is further ORDERED that supplemental process enforcing the Court's Order may be issued by the Clerk of Court upon application without further Order of the Court; and it is further ORDERED that following initial service by the U.S. Marshal, or other designated processserver, upon each garnishee, that supplemental service of the Process of Maritime Attachment and Garnishment, as well as this Order, may be made by way of facsimile transmission or other verifiable electronic means, including e-mail, to any garnishee; and it is further ORDERED that service on any garnishee as described above is deemed to be effective and continuous service throughout the remainder of the day upon which service is made commencing from the time of such service; and such service is further deemed to be effectivethrough the end of the next business day, provided that another service is made that day; and it is further ORDERED that pursuant to Federal Rule of Civil Procedure 5(b)(2)(D) each garnishee may consent, in writing, to accept service by any other means. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/10/2021) (ama) Transmission to Records Management Clerk for processing.
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Filing 10
ORDER APPOINTING SPECIAL PROCESS SERVER PURSUANT TO F.R.C.P. RULE 4(c): An application having been made by counsel for Plaintiff for an Order Appointing a Special Process Server pursuant to Rule 4(c)(2) of the Federal Rules of Civil Procedure, NOW, on reading and filing the Declaration of Patrick F. Lennon, sworn to on June 8, 2021 and good cause having been shown, it is hereby ORDERED that Patrick F. 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 Valerie E. Caproni on 6/10/2021) (ama) Transmission to Records Management Clerk for processing.
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Filing 9
AMENDED COMPLAINT amending #1 Complaint against Laurel D Shipping LLC.Document filed by Barnet Marine Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit Exhibits A-K).(Lennon, Patrick)
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Filing 8
ORDER: IT IS HEREBY ORDERED that Plaintiff must file an Amended Complaint that is properly verified by no later than Tuesday, June 15, 2021. SO ORDERED., ( Amended Pleadings due by 6/15/2021.) (Signed by Judge Valerie E. Caproni on 6/09/2021) (ama)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Patrick F. Lennon. The following case opening statistical information was erroneously selected/entered: Dollar Demand $592,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $591,000; the County code has been modified to XX Out of U.S.; the Fee Status code has been modified to pd (paid);. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Patrick F. Lennon. The party information for the following party/parties has been modified: Laurel D Shipping LLC n/k/a Laurel Shipping LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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)
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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. (pc)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #5 Proposed Order #4 Proposed Order was reviewed and approved as to form. (km)
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Case Designated ECF. (pc)
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Filing 7
FIRST BRIEF re: #1 Complaint for Rule B Attachment. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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Filing 6
FIRST BRIEF re: #1 Complaint . Document filed by Barnet Marine Inc.. (Attachments: #1 Exhibit Exhibit A).(Lennon, Patrick)
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Filing 5
PROPOSED ORDER. Document filed by Barnet Marine Inc...(Lennon, Patrick) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 4
PROPOSED ORDER. Document filed by Barnet Marine Inc...(Lennon, Patrick) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 3
CIVIL COVER SHEET filed..(Lennon, Patrick)
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Filing 2
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Barnet Marine Inc...(Lennon, Patrick)
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Filing 1
COMPLAINT against Laurel D Shipping LLC n/k/a Laurel Shipping LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24647865)Document filed by Barnet Marine Inc.. (Attachments: #1 Exhibit Exhibits A-K).(Lennon, Patrick)
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