Admiral Container Lines of Malta v. USD 253,120, in rem, held by J.P. Morgan Chase Bank, N.A., 383 Madison Avenue New York, NY 10179 et al
| Admiral Container Lines of Malta |
| XYZ Corporation, John Does 1-100 and USD 253,120, in rem, held by J.P. Morgan Chase Bank, N.A., 383 Madison Avenue New York, NY 10179 |
| 1:2021cv11069 |
| December 27, 2021 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Contract: Marine |
| 28 U.S.C. § 1333 ad Admiralty |
| None |
Docket Report
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This docket was last retrieved on February 14, 2022. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: granting #13 Letter Motion for Conference re: #13 LETTER MOTION for Conference pursuant to Individual Practices for pre-motion discovery conference. addressed to Judge Paul A. Crotty from Briton P. Sparkman, Esq. dated February 14, 2022. LETTER MOTION for Leave to File Motion for Pre-Rule 26 Discovery and Issuance of Subpoena pursuant to Fed. R. Civ. P. Rule 45. addressed to Judge Paul A. Crotty from Briton P. Sparkman, Esq. dated February 14, 2022.; granting #13 Letter Motion for Leave to File Document. Leave to file a motion is Granted. There is no need for a promotion conference. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/14/2022) (ama)
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| Filing 13 LETTER MOTION for Conference pursuant to Individual Practices for pre-motion discovery conference addressed to Judge Paul A. Crotty from Briton P. Sparkman, Esq. dated February 14, 2022., LETTER MOTION for Leave to File Motion for Pre-Rule 26 Discovery and Issuance of Subpoena pursuant to Fed. R. Civ. P. Rule 45 addressed to Judge Paul A. Crotty from Briton P. Sparkman, Esq. dated February 14, 2022. Document filed by Admiral Container Lines of Malta..(Sparkman, Briton) |
| Filing 12 AFFIDAVIT OF SERVICE of Verified Complaint; a certified copy of the Order Authorizing Issuance of Process of Maritime Attachment and Garnishment; a certified copy of the Order Appointing Special Process Server; a certified copy of the Process of Maritime Attachment and Garnishment; a certified copy of the Process of Maritime Attachment and Garnishment; a certified copy of the Order Authorizing Warrant of Arrest; a certified copy of the In Rem Warrant of Arrest; and a true copy of Interrogatories to Garnishee served on JP Morgan Chase Bank N.A. on January 6, 2022. Service was accepted by Maria Hernandez. Document filed by Admiral Container Lines of Malta..(Patzelt-Russo, Melissa) |
| MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to USD 253,120, in rem, held by J.P. Morgan Chase Bank, N.A., 383 Madison Avenue New York, NY 10179 on 01/06/2022 in the amount of $380,000. (nmo) Modified on 1/6/2022 (nmo). |
| IN REM WARRANT OF ARREST issued against J.P. MORGAN CHASE BANK, N.A., 383 Madison Avenue New York, NY 10179 on 01/06/2022. (nmo) |
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Filing 11
ORDER AUTHORIZING THE WARRANT OF ARREST: It is hereby: ORDERED that the clerk shall issue a warrant for the arrest of the in rem defendant, i.e., the USD 253,120.00, held by J.P. Morgan Chase Bank N.A., located at 383 Madison Avenue, New York, NY 10179 (hereinafter the "Subject Funds"); and it is further ORDERED, that Plaintiffs counsel shall serve a copy this Order, together with the Verified Complaint and Warrant of Arrest upon any adverse party or patties in accordance with the notice and manner requirements set forth in Supplemental Admiralty Rules. Specifically, Plaintiff shall provide immediate notice of the arrest of the Subject Funds as fast as practicable through electronic service (electronic mail and facsimile delivery); and it is further ORDERED, that any person claiming a right of possession or any ownership interest in the in rem defendant Subject Funds shall file a verified statement of right or interest with the Clerk of the Court and an Answer, and shall upon application to the Court, be entitled to a prompt post-seizure hearing pursuant to Supplemental Rule E(4)(f), at which the Plaintiff shall be required to demonstrate why the arrest should not be vacated or other relief granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/5/2022) (va) Transmission to Finance Unit (Cashiers) for processing.
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Filing 10
ORDER GRANTING SPECIAL PROCESS SERVER: It is hereby: ORDERED, that any agent and/or employee of this firm, or a third-party service, or any other person or organization having authority, who is over the age of 18 and not a party to this action, be and is hereby appointed, in addition to the United States Marshal, to serve the Process of Maritime Attachment and Garnishment and Verified Complaint upon garnishee J.P. Morgan Chase Bank N.A. at a branch location that will accept service. IT IS FURTHER ORDERED that in light of the ongoing national pandemic, a copy of the Process of Maritime Attachment and Garnishment and Order of Maritime Attachment may be served by verifiable electronic means including but not limited to facsimile or e-mail. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/5/2022) (va)
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Filing 9
ORDER AUTHORIZING ISSUANCE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT: The Court hereby: ORDERS the Clerk to issue Process of Maritime Attachment and Garnishment pursuant to Rule B directing the United States Marshal for the Southern District of New York, and/or Special Process Server pursuant to Rule 4(C) of the Federal Rules of Civil Procedure, to attach all property, tangible or intangible, belonging to Defendants, fraudulently representing itself as "Nena LLC Island Petroleum Inc" comprised of debts, credits, or effects including but not limited to: bank accounts, checks, payments made to, held or which may be receivable by, the said garnishees on behalf of the said Defendants, monies, disbursement advances, goods or other services, documents of title, shares of stock or other financial instruments and any other funds, collateral or prope1ty of any kind belonging to, claimed by, or held for the benefit of, the Defendants, within this District in an amount up to USD 380,000 pursuant to Supplemental Rule B and the same be attached as may be found in the possession, custody or control of the garnishee(s) or which are found in the possession or control of specific garnishee, to wit: J.P. Morgan Chase Bank N.A.; and ORDERS that the Clerk of the Court shall issue further, supplementary process of maritime attachment and garnishment, on request of the Plaintiff and without further order of this Court; and ORDERS (As further set forth herein.) SIGNED this 5th day of January, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/5/2022) (va) Transmission to Records Management Clerk for processing.
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| Filing 8 MOTION to Expedite Review. Document filed by Admiral Container Lines of Malta..(Sparkman, Briton) |
| Case Designated ECF. (pc) |
| Magistrate Judge Katharine H. Parker 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Briton Paul Sparkman. The party information for the following party/parties has been modified: USD 253,120, in rem, held by J.P. Morgan Chase Bank, N.A., 383 Madison Avenue New York, NY 10179. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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) |
| Filing 7 NOTICE OF APPEARANCE by George Michael Chalos on behalf of Admiral Container Lines of Malta..(Chalos, George) |
| Filing 6 MOTION to Appoint Special Process Server . Document filed by Admiral Container Lines of Malta. (Attachments: #1 Text of Proposed Order).(Sparkman, Briton) |
| Filing 5 MOTION for Writ of Attachment pursuant to Supplemental Rule B. Document filed by Admiral Container Lines of Malta. (Attachments: #1 Text of Proposed Order, #2 Proposed Process of Maritime Attachment and Garnishment).(Sparkman, Briton) |
| Filing 4 MOTION for Issuance of Admiralty Warrant pursuant to Supplemental Rule D. Document filed by Admiral Container Lines of Malta. (Attachments: #1 Text of Proposed Order, #2 Proposed Warrant).(Sparkman, Briton) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Admiral Container Lines of Malta..(Sparkman, Briton) |
| Filing 2 CIVIL COVER SHEET filed..(Sparkman, Briton) |
| Filing 1 COMPLAINT against John Does 1-100, USD 253,120, in rem, held by J.P. Morgan Chase Bank, N.A., 383 Madison Avenue New York, NY 10179, XYZ Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-25510565)Document filed by Admiral Container Lines of Malta. (Attachments: #1 Exhibit 1 - Fraudulent Email, #2 Exhibit 2 - Fraudulent Invoice, #3 Exhibit 3 - Wire Transfer Details, #4 Exhibit 4 - Wire Recall Denial, #5 Exhibit 5 - Email Admitting Fraud, #6 Exhibit 6 - Attorney Declaration Cannot Be Found in District, #7 Verification of Complaint).(Sparkman, Briton) |
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| Plaintiff: Admiral Container Lines of Malta | |
| Represented By: | George Michael Chalos |
| Represented By: | Briton Paul Sparkman |
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| Defendant: XYZ Corporation | |
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| Defendant: John Does 1-100 | |
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| Defendant: USD 253,120, in rem, held by J.P. Morgan Chase Bank, N.A., 383 Madison Avenue New York, NY 10179 | |
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