Atlantic Specialty Insurance Company v. All-Ways Forwarding Int'l Inc. et al
| Atlantic Specialty Insurance Company |
| All-Ways Forwarding Int'l Inc., All-Ways Logistics Int'l (Asia Pacific) LLC, RS Logistics Limited and Hyundai Merchant Marine Co., Ltd. |
| Jessica Ship Holding S.A., NYK Shipmanagement Pte Ltd, Ocean Network Express, Pte. Ltd. a/k/a ONE, M/V ONE Apus and Chidori Ship Holding, LLC |
| 1:2021cv10344 |
| December 3, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Analisa Torres |
| Contract: Marine |
| 28 U.S.C. § 1333 ad Admiralty |
| None |
Docket Report
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| Filing 62 NOTICE OF APPEARANCE by Timothy Semenoro on behalf of Chidori Ship Holding LLC, Jessica Ship Holding S.A., M/V ONE Apus, Chidori Ship Holding, LLC, M/V ONE Apus(in rem ), M/V One Apus in rem, JESSICA SHIPHOLDING S.A., Motor Vessel ONE APUS, M/V One Apus, in rem, JESSICA SHIP HOLDINGS S.A., M/V ONE Apus(in rem), M/V ONE Apus(In Rem), M/V ONE Apus. Filed In Associated Cases: 1:22-md-03028-PAE et al..(Semenoro, Timothy) |
| Filing 61 DECLARATION /Verified Statement of Interest. Document filed by Chidori Ship Holding LLC, Jessica Ship Holding S.A., M/V ONE Apus, Chidori Ship Holding, LLC, M/V ONE Apus(in rem ), M/V One Apus in rem, JESSICA SHIPHOLDING S.A., Motor Vessel ONE APUS, M/V One Apus, in rem, JESSICA SHIP HOLDINGS S.A., M/V ONE Apus(in rem), M/V ONE Apus(In Rem), M/V ONE Apus. Filed In Associated Cases: 1:22-md-03028-PAE et al..(O'Connor, Robert) |
| Filing 60 NOTICE OF APPEARANCE by Robert Eugene O'Connor on behalf of Chidori Ship Holding LLC, Jessica Ship Holding S.A., M/V ONE Apus, Chidori Ship Holding, LLC, M/V ONE Apus(in rem ), M/V One Apus in rem, JESSICA SHIPHOLDING S.A., Motor Vessel ONE APUS, M/V One Apus, in rem, JESSICA SHIP HOLDINGS S.A., M/V ONE Apus(in rem), M/V ONE Apus(In Rem), M/V ONE Apus. Filed In Associated Cases: 1:22-md-03028-PAE et al..(O'Connor, Robert) |
| Filing 59 LETTER addressed to Judge Paul A. Engelmayer from Kevin J.B. O'Malley dated July 25, 2022 re: cargo Plaintiffs' position on the direct filing of cases. Document filed by Starr Indemnity & Liability Company.Filed In Associated Cases: 1:22-md-03028-PAE et al..(O'Malley, Kevin) |
| Filing 58 LETTER addressed to Judge Paul A. Engelmayer from Kevin J.B. O'Malley dated July 25, 2022 re: cargo Plaintiffs' position on the appointment of lead and liaison counsel, and of committees. Document filed by Starr Indemnity & Liability Company.Filed In Associated Cases: 1:22-md-03028-PAE et al..(O'Malley, Kevin) |
Filing 57
ORDER NO.2 in case 1:21-cv-07994-PAE-BCM; granting (15) Letter Motion for Conference re: (15 in 1:22-md-03028-PAE) LETTER MOTION for Conference To Appoint Third Party Temporary Counsel addressed to Judge Paul A. Engelmayer from Thomas L. Tisdale dated 07/19/2022 in case 1:22-md-03028-PAE. First, they ask that the nomenclature used for their temporary posts be revised to reflect the interests that they represent, such that they would be referred to, respectively, as "Temporary Cargo Counsel" and "Temporary NVOCC Counsel." The Court adopts the sensible proposal and expects that counsels' forthcoming submissions as to the longer-term organization of this multidistrict litigation will similarly propose titles and nomenclature customized to the particular nature and posture of this litigation. Second, counsel propose that a third temporary lead counsel be appointed, with the title, "Temporary Vessel Counsel," and that Timothy Semenero. Esq., of Montgomery McCracken, Walker & Rhoads LLP to serve in that role. The Court also adopts this sensible proposal. The Court directs Mr. Semenero to file a notice of appearance forthwith. The Court expects that Mr. Semenero's submissions in this matter will be submitted on the same timetable as those which the Court's order at Dkt. 3 set for "Temporary Plaintiffs Counsel." SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/22/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (jca)
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| Filing 56 ANSWER to #1 Complaint,. Document filed by Ocean Network Express, Pte. Ltd. a/k/a ONE..(Donatelli, Randolph) |
| Filing 55 ANSWER to #25 Amended Third Party Complaint,. Document filed by Ocean Network Express, Pte. Ltd. a/k/a ONE..(Donatelli, Randolph) |
| Filing 54 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. a/k/a ONE. Document filed by Ocean Network Express, Pte. Ltd. a/k/a ONE..(Donatelli, Randolph) |
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Filing 53
ORDER NO. 1: The provisions of this Order shall govern the practice and procedure in those actions: (1) transferred to this Court by the JPML pursuant to its June 1, 2022 Order; (2) all related actions that are filed in the Southern District of New York and have been or will be transferred to MDL-3028 involving allegations of lost or damaged cargo following the November 30, 2020 severe weather incident experienced by the ultra large container vessel ONE Apus; and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will docket a copy of this Order on the docket of any case newly filed or transferred to this Court. The civil actions listed on Schedule A are consolidated for pretrial purposes. Any "tag-along" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure. All orders, pleadings, motions, and other documents served or filed in 22-md-3028 shall bear the following caption: and further set forth in this Order. The Court will conduct an Initial Conference on September 8, 2022, at 2 p.m., in Courtroom 318 at the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Please note that this is not Judge Engelmayer's regular courtroom.) Counsel shall check in with the Courtroom Deputy at least 15 minutes in advance. Counsel should arrive at the Courthouse with sufficient time to go through security. Seats in the courtroom may not be reserved. Solely to facilitate the Court's consideration of those issues (and those identified below), and to facilitate written submissions to the Court in advance of the initial pretrial conference, the Court hereby designates the following as temporary lead and liaison counsel for Plaintiffs ("Temporary Plaintiffs' Counsel") and Defendants ("Temporary Defendants' Counsel"): Plaintiffs: Kevin John Byron O'Malley, NICOLETTI HORNIG & SWEENEY and Defendants: Thomas Leonard Tisdale, TISDALE & NAST LAW OFFICES, LLC. Matters addressed in this order may be reconsidered, upon the motion of any party or on this Court's own motion. (Initial Conference set for 9/8/2022 at 02:00 PM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/30/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (rro)
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| Filing 52 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL. that pursuant to 28 U.S.C. 1407, the action(s) listed. and pending. be, and the same hereby are, transferred to the Southern District of New York and, with consent of that court, assigned to the Honorable Judge Paul A. Engelmayer, for coordinated or consolidated pretrial proceedings with the actions pending in that district. (Signed by MDL Panel on 6/1/2022) (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03028-PAE. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Analisa Torres is no longer assigned to the case. (vba) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03028-PAE. (vba) |
| Filing 51 WAIVER OF SERVICE RETURNED EXECUTED. Ocean Network Express, Pte. Ltd. a/k/a ONE waiver sent on 5/17/2022, answer due 7/18/2022. Document filed by RS Logistics Limited..(Tisdale, Thomas) |
| Filing 50 CLERK'S CERTIFICATE OF DEFAULT as to Hyundai Merchant Marine Co., Ltd. (tp) |
| Filing 49 DECLARATION of Justin M. Heilig in Support re: #48 Proposed Clerk's Certificate of Default,. Document filed by Atlantic Specialty Insurance Company. (Attachments: #1 Exhibit Invoice).(Heilig, Justin) |
| Filing 48 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
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Filing 47
ENDORSED LETTER addressed to Judge Torres from Brown Gavalas dated May 6, 2022 re: letter requesting extension of time. ENDORSEMENT: GRANTED in part, and DENIED in part. Service on all third-party defendants shall be effected within thirty (30) days of the Judicial Panel on Multi-District Litigation's resolution of the pending motion to transfer. Upon resolution of the motion, the third-party plaintiffs may make a request for a further extension of time. SO ORDERED.. (Signed by Judge Analisa Torres on 5/10/2022) (ks)
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| Filing 46 ANSWER to #1 Complaint,., CROSSCLAIM against Hyundai Merchant Marine Co., Ltd., RS Logistics Limited. Document filed by All-Ways Forwarding Int'l Inc...(Gatoff, Ari) |
| Filing 45 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by All-Ways Forwarding Int'l Inc...(Gatoff, Ari) |
| Filing 44 NOTICE OF APPEARANCE by Ari Gatoff on behalf of All-Ways Forwarding Int'l Inc...(Gatoff, Ari) |
| Filing 43 NOTICE OF APPEARANCE by Joseph John Perrone on behalf of All-Ways Forwarding Int'l Inc...(Perrone, Joseph) |
| Filing 42 ELECTRONIC SUMMONS ISSUED as to M/V ONE Apus..(pc) |
| Filing 41 ELECTRONIC SUMMONS ISSUED as to NYK Shipmanagement Pte Ltd..(pc) |
| Filing 40 ELECTRONIC SUMMONS ISSUED as to Chidori Ship Holding, LLC..(pc) |
| Filing 39 ELECTRONIC SUMMONS ISSUED as to Jessica Ship Holding S.A...(pc) |
| Filing 38 ELECTRONIC SUMMONS ISSUED as to Ocean Network Express, Pte. Ltd. a/k/a ONE..(pc) |
| Filing 37 REQUEST FOR ISSUANCE OF SUMMONS as to Ocean Network Express Pte Ltd., re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) |
| Filing 36 REQUEST FOR ISSUANCE OF SUMMONS as to NYK Shipmanagement Pte Ltd., re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) |
| Filing 35 REQUEST FOR ISSUANCE OF SUMMONS as to M/V ONE APUS, in rem, re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) |
| Filing 34 REQUEST FOR ISSUANCE OF SUMMONS as to Jessica Ship Holding S.A., re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) |
| Filing 33 REQUEST FOR ISSUANCE OF SUMMONS as to Chidori Ship Holding LLC, re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Thomas Leonard Tisdale to RE-FILE Document No. #32 Request for Issuance of Summons, #31 Request for Issuance of Summons, #29 Request for Issuance of Summons, #28 Request for Issuance of Summons, #30 Request for Issuance of Summons, #27 Request for Issuance of 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; Caption title for each summons must be exactly the same. If parties do not fit, list the first listed third party defendant followed by "et al.";. 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 32 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ocean Network Express, Pte. Ltd., re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) Modified on 4/8/2022 (pc). |
| Filing 31 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to NYK Shipmanagement Pte Ltd., re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) Modified on 4/8/2022 (pc). |
| Filing 30 R FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - EQUEST FOR ISSUANCE OF SUMMONS as to Ocean Network Express, Pte. Ltd., re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) Modified on 4/8/2022 (pc). |
| Filing 29 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to M/V ONE APUS, in rem, re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) Modified on 4/8/2022 (pc). |
| Filing 28 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jessica Ship Holding S.A., re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) Modified on 4/8/2022 (pc). |
| Filing 27 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Chidori Ship Holding LLC, re: #25 Amended Third Party Complaint,. Document filed by RS Logistics Limited..(Tisdale, Thomas) Modified on 4/8/2022 (pc). |
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Filing 26
ORDER: It has come to the Court's attention that some of the parties in the cases related to the above case may not have received notice of the request made to stay all of the cases. See ECF No. 30. Therefore, the Court is attaching to this order the letter making that request, originally filed in 21 Civ. 9194. By March 29, 2022, any opposition to the request to stay all cases related to No. 21 Civ. 7994, with the limited carve-outs in the attached letter, shall be made. SO ORDERED. (Responses due by 3/29/2022) (Signed by Judge Analisa Torres on 3/22/2022) (jca)
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| Filing 25 AMENDED THIRD PARTY COMPLAINT amending #24 Third Party Complaint against Chidori Ship Holding, LLC, Jessica Ship Holding S.A., M/V ONE Apus, NYK Shipmanagement Pte Ltd, Ocean Network Express, Pte. Ltd. a/k/a ONE.Document filed by RS Logistics Limited. Related document: #24 Third Party Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B).(Tisdale, Thomas) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Leonard Tisdale. The party information for the following party/parties has been modified: JESSICA SHIP HOLDING S.A., NYK SHIPMANAGEMENT PTE LTD.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| Filing 24 THIRD PARTY COMPLAINT against M/V ONE Apus, Chidori Ship Holding, LLC, JESSICA SHIP HOLDING S.A., NYK SHIPMANAGEMENT PTE LTD..Document filed by RS Logistics Limited. (Attachments: #1 Exhibit A, #2 Exhibit B).(Tisdale, Thomas) |
| Filing 23 ANSWER to #1 Complaint,., CROSSCLAIM against All-Ways Forwarding Int'l Inc., All-Ways Logistics Int'l (Asia Pacific) LLC, Hyundai Merchant Marine Co., Ltd.. Document filed by RS Logistics Limited..(Tisdale, Thomas) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RS Logistics Limited..(Tisdale, Thomas) |
| Filing 21 NOTICE OF APPEARANCE by Thomas Leonard Tisdale on behalf of RS Logistics Limited..(Tisdale, Thomas) |
| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. All-Ways Forwarding Int'l Inc. waiver sent on 12/17/2021, answer due 2/15/2022. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 19 NOTICE OF APPEARANCE by Austyn L. Carolin on behalf of RS Logistics Limited..(Carolin, Austyn) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,. Hyundai Merchant Marine Co., Ltd. served on 1/3/2022, answer due 1/24/2022. Service was accepted by Seung Kim, Claims Manager. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. RS Logistics Limited served on 12/15/2021, answer due 1/5/2022. Service was accepted by Mac Jablonski, Security Officer. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 16 NOTICE OF APPEARANCE by John James Sullivan on behalf of Atlantic Specialty Insurance Company..(Sullivan, John) |
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Filing 15
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 12/8/2021) (kv)
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Filing 14
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by thirty (30) days after the execution of a waiver of service or thirty (30) days after service is completed, whichever is sooner, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (as further set forth herein) SO ORDERED. (Signed by Judge Analisa Torres on 12/8/2021) (kv)
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Filing 13
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 12/8/2021) (kv)
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| Filing 12 ELECTRONIC SUMMONS ISSUED as to Hyundai Merchant Marine Co., Ltd. (vf) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to RS Logistics Limited. (vf) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to All-Ways Logistics Int'l (Asia Pacific) LLC. (vf) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to All-Ways Forwarding Int'l Inc.. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:21-cv-07994. (vf) |
| Magistrate Judge Barbara C. Moses 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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-07994-AT. Notice of Assignment to follow. (aea) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Hyundai Merchant Marine Co., Ltd., re: #1 Complaint,. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to RS Logistics Limited, re: #1 Complaint,. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to All-Ways Logistics Int'l (Asia Pacific) LLC, re: #1 Complaint,. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to All-Ways Forwarding Int'l Inc., re: #1 Complaint,. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-7994. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Intact Financial Corporation, Corporate Parent Intact Insurance Group USA Holdings, Inc. for Atlantic Specialty Insurance Company. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 2 CIVIL COVER SHEET filed..(Heilig, Justin) |
| Filing 1 COMPLAINT against All-Ways Forwarding Int'l Inc., All-Ways Logistics Int'l (Asia Pacific) LLC, Hyundai Merchant Marine Co., Ltd., RS Logistics Limited. (Filing Fee $ 402.00, Receipt Number ANYSDC-25421945)Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
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