Liberty Mutual Insurance Company v. All-Ways Forwarding Int'l Inc.
| Liberty Mutual Insurance Company |
| All-Ways Forwarding Int'l Inc. |
| M/V One Aquila, Ocean Network Express Pte. Ltd., Greta Ship Holding SA, Patson Logistics Limited, Hyundai Merchant Marine Co. Ltd and HMM Co Ltd. |
| 1:2021cv08726 |
| October 25, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Barbara C Moses |
| Alison J Nathan |
| Ona T Wang |
| Contract: Marine |
| 46 U.S.C. § 30701 Marine Cargo Loss or Damage - Liability of Water Carriers |
| None |
Docket Report
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This docket was last retrieved on March 3, 2024. A more recent docket listing may be available from PACER.
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Filing 36
ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting #35 Motion for Elizabeth B. McIntosh to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing Discipline of Attorneys.. (Signed by Judge Vernon S. Broderick on 9/14/2022) (kv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Elizabeth B. McIntosh 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. (sgz) |
| Filing 35 MOTION for Elizabeth B. McIntosh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HMM Co Ltd.. (Attachments: #1 Affidavit Affidavit of Elizabeth B. McIntosh, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(McIntosh, Elizabeth) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for Elizabeth B. McIntosh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26647127. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Ink Signature Needed When Not Using Own Pacer Account (Req. PHV e-filing on Pacer); 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. (sgz) |
| Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Elizabeth B. McIntosh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26647127. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HMM Co Ltd.. (Attachments: #1 Affidavit of Elizabeth B. McIntosh, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Waid, Raymond) Modified on 9/8/2022 (sgz). |
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Filing 33
ENDORSED LETTER addressed to Magistrate Judge Ona T. Wang from Steven W. Block and Randolph H. Donatelli dated 7/1/2022 re: requesting an extension of the deadlines contained in the Courts Order dated June 8, 2022. ENDORSEMENT: Application GRANTED. The fact discovery deadline in 21-cv-8405 is extended to October 7, 2022. Plaintiff's deadline to submit a letter motion to compel discovery is extended to August 26, 2022. Defendant's response is due September 9, 2022. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 7/6/2022) (rro)
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| Filing 32 ANSWER to #8 Third Party Complaint. Document filed by HMM Co Ltd.. (Attachments: #1 Exhibit A - Bill of Lading, Terms and Conditions).(Waid, Raymond) |
| Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HMM Co Ltd...(Waid, Raymond) |
| Filing 30 NOTICE OF APPEARANCE by Raymond Timothy Waid on behalf of HMM Co Ltd...(Waid, Raymond) |
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Filing 29
ORDER: Pursuant to rulings made on the record at the June 8, 2022, Initial Case Management Conference, the parties in 21-CV-8405, Expeditors International of Washington, Inc., v. Ocean Network Express, Pte., Ltd., shall meet and confer regarding outstanding discovery, specifically Rule 30(b)(6) depositions and certain supplemental discovery as discussed at todays conference. The Court strongly encourages the parties to resolve their disputes without Court intervention. In the event that discovery issues remain, Plaintiff Expeditors may file a letter Motion to Compel by July 8, 2022. Defendant ONE's response is due July 22, 2022. There shall be no replies. The letters shall not exceed five pages, not including exhibits. To the extent that any party in cases 21-cv-9068 and 21-cv-08726 wishes to be heard on the discovery issues in 21-CV-8405, they must also file their respective letters by July 22, 2022, and adhere to the same page limits. If Expeditors and ONE have resolved these discovery issues by July 8, 2022, they are to submit one joint status letter informing the Court of how the issues have been resolved.The deadline to complete fact discovery in 21-CV-8405 is August 15, 2022. The deadline to amend pleadings for that case is June 30, 2022. Discovery in cases 21-cv-9068 and 21-cv-08726 is STAYED until July 30, 2022. SO ORDERED. Motions due by 7/8/2022. Responses due by 7/22/2022. (Signed by Magistrate Judge Ona T. Wang on 6/8/2022) (mml)
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Filing 28
ORDER: Pursuant to rulings made on the record at the June 8, 2022, Initial Case Management Conference, the parties in 21-CV-8405, Expeditors International of Washington, Inc., v. Ocean Network Express, Pte., Ltd., shall meet and confer regarding outstanding discovery, specifically Rule 30(b)(6) depositions and certain supplemental discovery as discussed at today's conference. The Court strongly encourages the parties to resolve their disputes without Court intervention. In the event that discovery issues remain, Plaintiff Expeditors may file a letter Motion to Compel by July 8, 2022. Defendant ONE's response is due July 22, 2022. There shall be no replies. The letters shall not exceed five pages, not including exhibits. To the extent that any party in cases 21-cv-9068 and 21-cv-08726 wishes to be heard on the discovery issues in 21-CV-8405, they must also file their respective letters by July 22, 2022, and adhere to the same page limits. If Expeditors and ONE have resolved these discovery issues by July 8, 2022, they are to submit one joint status letter informing the Court of how the issues have been resolved. The deadline to complete fact discovery in 21-CV-8405 is August 15, 2022. The deadline to amend pleadings for that case is June 30, 2022. Discovery in cases 21-cv-9068 and 21-cv-08726 is STAYED until July 30, 2022. SO ORDERED. ( Motions due by 7/22/2022., Responses due by 7/22/2022) (Signed by Magistrate Judge Ona T. Wang on 6/8/2022) (tg)
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Filing 27
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Counsel for parties in Hyundai Merchant requested that the in-person case management conference scheduled for May 11, 2022 be rescheduled to sometime after May 23, 2022, and be converted into a telephonic conference. (ECF 35). This request is GRANTED.Counsel in all three cases are directed to appear for a telephonic initial case management conference on June 08, 2022 at 3:30 p.m. The dial-in information is (866) 390-1828, access code 1582687. Counsel are directed to meet and confer and email my Chambers one e-mail on June 6, 2022, identifying who will be attending, on behalf of which party, and the number from which various counsel will call. This Order supersedes prior Initial Case Management Scheduling Orders in these actions. (Initial Conference set for 6/8/2022 at 03:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 5/6/2022) (rro)
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| Filing 26 ELECTRONIC SUMMONS ISSUED as to HMM Co Ltd., Hyundai Merchant Marine Co. Ltd, Ocean Network Express Pte. Ltd., Patson Logistics Limited. (sj) |
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Filing 25
ORDER OF REFERENCE. 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 Ona T. Wang. (Signed by Judge Vernon S. Broderick on 5/2/2022) (kv)
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| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08405-VSB-OTW. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Jed S. Rakoff is no longer assigned to the case. (vba) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to OCEAN NETWORK EXPRESS PTE. LTD.; PATSON LOGISTICS LIMITED; HYUNDAI MERCHANT MARINE CO., LTD.; HMM CO., LTD., re: #8 Third Party Complaint. Document filed by All-Ways Forwarding Int'l Inc...(Gatoff, Ari) |
| Filing 23 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-08405. Document filed by All-Ways Forwarding Int'l Inc...(Perrone, Joseph) |
| Filing 22 NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 5-12-2022, ON A TELECONFERENCE LINE AT 11:00am. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. Initial Conference set for 5/12/2022 at 11:00 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 4/25/2022) (kv) |
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Filing 21
ORDER: This case was reassigned to the undersigned on April 10, 2022. In accordance with the Court's usual practice, all scheduling, discovery, and motions will be handled by Judge Rakoff. Accordingly, the previous order of reference to Magistrate Judge Wang, ECF No. 10, is withdrawn. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/21/2022) (ama)
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| NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Alison J. Nathan is no longer assigned to the case. (laq) |
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Filing 20
INITIAL CASE MANAGEMENT CONFERENCE ORDER: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Wednesday, May 11, 2022 at 12:30 p.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. Initial Conference set for 5/11/2022 at 12:30 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 3/9/2022) (rro)
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Filing 19
ORDER The March 9, 2022 conference is cancelled. An initial case management conference will be scheduled by separate order. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (kds)
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| Filing 18 ANSWER to #1 Complaint. Document filed by Ocean Network Express Pte. Ltd...(Donatelli, Randolph) |
| Filing 17 ANSWER to #8 Third Party Complaint. Document filed by Ocean Network Express Pte. Ltd...(Donatelli, Randolph) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ocean Network Express Holdings, Ltd., Other Affiliate Nippon Yusen Kaisha, Other Affiliate Kawasaki Kisen Kaisha Ltd., Other Affiliate Mitsui O.S.K. Lines Ltd. for Ocean Network Express Pte. Ltd.. Document filed by Ocean Network Express Pte. Ltd...(Donatelli, Randolph) |
| Magistrate Judge Ona T. Wang is so redesignated. (aea) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ona T. Wang. Please note that this is a reassignment of the designation only. (aea) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Ona T. Wang, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Barbara C. Moses no longer referred to the case. (aea) |
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Filing 15
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It appearing to the Court that no initial case management conference has yet taken place in this action, it is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on March 9, 2022, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c) and further set forth in this Order. Initial Conference set for 3/9/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 2/7/2022) (rro)
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| Filing 14 ANSWER to #1 Complaint. Document filed by All-Ways Forwarding Int'l Inc...(Gatoff, Ari) |
| Filing 13 NOTICE OF APPEARANCE by Samuel Carl Coluzzi on behalf of Liberty Mutual Insurance Company..(Coluzzi, Samuel) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. All-Ways Forwarding Int'l Inc. waiver sent on 12/6/2021, answer due 2/4/2022. Document filed by Liberty Mutual Insurance Company..(Wamser, Val) |
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Filing 11
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. Court conferences and hearings may be conducted by teleconference, videoconference, or in person. Teleconferences are held on the Courts AT&T line. If a teleconference is scheduled, the parties are directed to call (888) 557-8511 and enter the access code 7746387 a few minutes before the scheduled time and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 11/23/2021) (rro)
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Filing 10
ORDER REFERRING CASE TO 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 Barbara C. Moses. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/19/2021) (jca)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara C. Moses. Please note that this is a reassignment of the designation only..(bcu) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph John Perrone. The party information for the following party/parties has been modified: M/V ONE AQUILA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Joseph John Perrone. The following party/parties has been removed from this case: M/V ONE AQUILA. The party was added to the case in error (Duplicate Party added). (vf) |
| Filing 9 NOTICE OF APPEARANCE by Ari Gatoff on behalf of All-Ways Forwarding Int'l Inc...(Gatoff, Ari) |
| Filing 8 THIRD PARTY COMPLAINT against M/V ONE AQUILA, Ocean Network Express Pte. Ltd., Greta Ship Holding SA, Patson Logistics Limited, Hyundai Merchant Marine Co. Ltd, HMM Co Ltd..Document filed by All-Ways Forwarding Int'l Inc...(Perrone, Joseph) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by All-Ways Forwarding Int'l Inc...(Perrone, Joseph) |
| Filing 6 NOTICE OF APPEARANCE by Joseph John Perrone on behalf of All-Ways Forwarding Int'l Inc...(Perrone, Joseph) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to All-Ways Forwarding Int'l Inc...(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Val Edmund Wamser. The party information for the following party/parties has been modified: Liberty Mutual Insurance Company. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (jgo) |
| 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..(jgo) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to ALL-WAYS FORWARDING INT'L INC., re: #1 Complaint. Document filed by Liberty Mutual Insurance Company..(Wamser, Val) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Liberty Mutual Holding Company Inc. for Liberty Mutual Insurance Company. Document filed by Liberty Mutual Insurance Company..(Wamser, Val) |
| Filing 2 CIVIL COVER SHEET filed..(Wamser, Val) |
| Filing 1 COMPLAINT against All-Ways Forwarding Int'l Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25240303)Document filed by Liberty Mutual Insurance Company..(Wamser, Val) |
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