Skechers USA, Inc. II et al v. Shipco Transport Inc. et al
| Skechers USA, Inc. II and Starr Indemnity & Liability Company |
| Shipco Transport Inc., MCL- Multi Container Line, Inc. d/b/a Transpac CargoLine, Does 1 through 10, inclusive and MCL- Multi Container Line, Inc. doing business as Transpac Cargoline |
| MCL- Multi Container Line, Inc. |
| 1:2022cv00284 |
| January 11, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Contract: Marine |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 27
AMENDED ORDER CONSOLIDATING CASES FOR PRETRIAL PURPOSES AND SCHEDULING ORDER re: (31 in 1:22-cv-00461-CM-GWG, 17 in 1:21-cv-08183-CM-GWG, 15 in 1:21-cv-08334-CM-GWG, 10 in 1:21-cv-11176-CM-GWG, 18 in 1:22-cv-00196-CM, 18 in 1:22-cv-00370-CM, 12 in 1:22-cv-00766-CM, 17 in 1:22-cv-00139-CM, 10 in 1:21-cv-11171-CM-GWG, 16 in 1:22-cv-00366-CM, 16 in 1:22-cv-00386-CM-GWG, 25 in 1:22-cv-00284-CM, 22 in 1:22-cv-00148-CM-GWG, 11 in 1:22-cv-00445-CM-GWG, 32 in 1:21-cv-11213-CM, 24 in 1:22-cv-00155-CM, 10 in 1:21-cv-11173-CM-GWG, 7 in 1:22-cv-01499-CM, 17 in 1:21-cv-10857-CM, 17 in 1:22-cv-00265-CM, 16 in 1:22-cv-00306-CM-GWG, 18 in 1:22-cv-00194-CM, 17 in 1:22-cv-00374-CM, 10 in 1:22 cv-00372-CM-GWG, 6 in 1:22-cv-00460-CM, 19 in 1:22-cv-00388-CM) Order on Motion to Adjourn Conference. IT IS HEREBY ORDERED, that 22-cv-00439, 22-cv-00487 and 22-cv-494 be and are added to the list of consolidated cases, and that all terms of said March 2, 2022 order shall apply to said cases. (Signed by Judge Colleen McMahon on 3/4/2022) BY ECF TO ALL COUNSEL. Filed In Associated Cases: 1:21-cv-08183-CM-GWG et al. (kv)
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| Filing 26 NOTICE of Related Cases Omitted from Consolidation Order re: (17 in 1:21-cv-08183-CM-GWG) Order on Motion to Adjourn Conference,,,,,,,,,,,,,,,,,,,,,. Document filed by Atlantic Specialty Insurance Company. Filed In Associated Cases: 1:21-cv-08183-CM-GWG et al..(Heilig, Justin) |
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Filing 25
ORDER CONSOLIDATING CASES FOR PRETRIAL PURPOSES AND SCHEDULING ORDER in case 1:21-cv-08183-CM-GWG; granting (29) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:21-cv-11213-CM; granting (15) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:22-cv-00139-CM; granting (22) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:22-cv-00155-CM; granting (16) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:22-cv-00194-CM; granting (16) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:22-cv-00196-CM; granting (15) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:22-cv-00265-CM; granting (22) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:22-cv-00284-CM; granting (14) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:22-cv-00366-CM; granting (16) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:22-cv-00370-CM; granting (17) Letter Motion to Adjourn Conference( Case Management Conference set for 4/25/2022 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) in case 1:22-cv-00388-CM. IT IS HEREBY ORDERED, that the following cases are administratively consolidated, at present for pre-trial purposes only, under the Master Case Number 21-cv-08183- which is the first filed of these cases- under the rubric "In re: Maersk Essen Voyage 051 Shipper Cases:" 21 cv-08183, 21-cv-08334, 21-cv-10857, 21-cv-11171, 21-cv-11173, 21-cv-11176, 21-cv-11213, 22-cv-00139, 22-cv-00148, 22-cv-00155, 22-cv-00 194, 22 cv-00196, 22-cv-00265, 22-cv-00284, 22-cv-00306, 22-cv-00366, 22-cv-00370, 22-cv-00372, 22-cv-00374, 22-cv-00386, 22-cv-00388, 22-cv-00445, 22 cv-00460, 22-cv-00461, 22-cv-00766, 22-cv-01499. And it is further ORDERED, that the caption to be used for as long as this order is operative shall be as follows: as further set forth herein. And it is further 21 CV 08183 (CM) (GWG) ORDERED, that motions filed in connection with specific cases must be posted to ECF under both the Master Case Number and the civil action number assigned to the individual case; and it is further ORDERED, that if any party to this litigation becomes aware of a case that should be consolidated into the matter known as In re: Maersk Essen Voyage 051 Shipper Cases, that party shall notify the court immediately; and it is further ORDERED, that if for any reason any subsequently-filed case cannot be consolidated into In re: Maersk Essen Voyage 051 Shipper Cases, including but not limited to because of a conflict of interest on the part of the presiding District or Magistrate Judge that is both unwaivable and incurable, or if such a conflict develops in any of the cases already consolidated by virtue of this order, all reasonable efforts will be made to coordinate proceedings before any other assigned judge with proceedings in In re: Maersk Essen Voyage 051 Shipper Cases; and it is further ORDERED, that the only cases to be consolidated as part of In re: Maersk Essen Voyage 051 Shipper Cases are cases brought by or in right of shippers who lost cargo on this voyage, and that other types of cases that may arise out of this voyage, including specifically disputes between shippers and insurers over insurance coverage for cargo lost on this voyage, will not be deemed to be related cases and will not be handled as part of this consolidated action; and Sufficient cause appearing therefore, it is further ORDERED, that the civil case management conference currently scheduled for March 3, 2022, is adjourned, at the request of the parties (see Civ. No. 21 cv 11213, at Dkt. No. 29) to facilitate settlement discussions and the possible coordination of discovery. The case management conference will be held before Judges McMahon and Gorenstein on April 25, 2022 at 10:00 am in Courtroom 24A of the Daniel Patrick Moynihan United States Courthouse. The parties are advised that the court will not further adjourn this conference.. (Signed by Judge Colleen McMahon on 3/2/2022) BY ECF TO ALL COUNSEL OF RECORD Filed In Associated Cases: 1:21-cv-08183-CM-GWG et al. (kv)
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| Filing 24 NOTICE OF APPEARANCE by Timothy James Nast on behalf of MCL- Multi Container Line, Inc.. Filed In Associated Cases: 1:21-cv-11213-CM, 1:22-cv-00284-CM.(Nast, Timothy) |
| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-08183-CM-GWG.. (kv) |
| Magistrate Judge Gabriel W. Gorenstein is so redesignated. (wb) |
| Filing 23 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER. Document filed by Starr Indemnity and Liability Company..(Cammarano, Dennis) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/1/2022 (km). |
| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Dennis Cammarano re: Document (30 in 1:21-cv-11213-CM, 18 in 1:22-cv-00388-CM, 23 in 1:22-cv-00155-CM, 15 in 1:22-cv-00366-CM, 16 in 1:22-cv-00265-CM, 17 in 1:22-cv-00370-CM, 17 in 1:22-cv-00194-CM, 17 in 1:22-cv-00196-CM, 23 in 1:22-cv-00284-CM, 16 in 1:22-cv-00139-CM) Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or Genral Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions.. Filed In Associated Cases: 1:21-cv-11213-CM et al.(km) |
| Filing 22 LETTER MOTION to Adjourn Conference addressed to Judge Colleen McMahon from Edward P. Flood dated 2/25/2022. Document filed by Mediterranean Shipping Company S.A., Mediterranean Shipping Company S. A., Mediterranean Shipping Company S.A..Filed In Associated Cases: 1:21-cv-11213-CM et al..(Flood, Edward) |
| Filing 21 ANSWER to #1 Complaint,., CROSSCLAIM against Shipco Transport Inc.. Document filed by MCL- Multi Container Line, Inc...(Tisdale, Thomas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Leonard Tisdale to RE-FILE Document No. #19 Answer to Complaint, Crossclaim. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title does not contain the Cross Claimant and Cross Defendant information. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Thomas Leonard Tisdale Document No. The filing is deficient for the following reason(s): The summons requested was linked to a deficient pleading. Please refile the request for once the pleading has been corrected. Filed In Associated Cases: 1:21-cv-11213-CM, 1:22-cv-00284-CM(gp) |
| Filing 20 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Shipco Transport Inc., re: (25 in 1:21-cv-11213-CM, 25 in 1:21-cv-11213-CM) Answer to Complaint, Crossclaim. Document filed by MCL- Multi Container Line, Inc.. Filed In Associated Cases: 1:21-cv-11213-CM, 1:22-cv-00284-CM.(Tisdale, Thomas) Modified on 2/24/2022 (gp). |
| Filing 19 FILING ERROR - PDF ERROR - ANSWER to #1 Complaint,., CROSSCLAIM against Shipco Transport Inc.. Document filed by MCL- Multi Container Line, Inc...(Tisdale, Thomas) Modified on 2/24/2022 (gp). |
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Filing 18
ORDER granting #15 Letter Motion to Continue. Conference adjourned to 3/3/2022 at 11:15 a.m.. Initial Conference set for 3/3/2022 at 11:15 AM before Judge Colleen McMahon.. (Signed by Judge Colleen McMahon on 2/14/2022) (tg)
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| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MCL- Multi Container Line, Inc..Filed In Associated Cases: 1:21-cv-11213-CM, 1:22-cv-00284-CM.(Tisdale, Thomas) |
| Filing 16 NOTICE OF APPEARANCE by Thomas Leonard Tisdale on behalf of MCL- Multi Container Line, Inc.. Filed In Associated Cases: 1:21-cv-11213-CM, 1:22-cv-00284-CM.(Tisdale, Thomas) |
| Filing 15 FIRST LETTER MOTION to Continue Initial Case Management Conference addressed to Judge Colleen McMahon from Dennis A. Cammarano dated February 3, 2022. Document filed by Starr Indemnity and Liability Company.Filed In Associated Cases: 1:21-cv-11213-CM et al..(Cammarano, Dennis) |
| Filing 14 AFFIDAVIT OF SERVICE. Shipco Transport Inc. served on 1/21/2022, answer due 2/11/2022. Service was accepted by VINCENZA CIPRIANO, INTAKE SPECIALIST. Document filed by Skechers USA, Inc. II; Starr Indemnity and Liability Company. Filed In Associated Cases: 1:21-cv-11213-CM, 1:22-cv-00284-CM.(Cammarano, Dennis) |
| Filing 13 AFFIDAVIT OF SERVICE. Shipco Transport Inc. served on 1/21/2022, answer due 2/11/2022. Service was accepted by VINCENZA CIPRIANO, INTAKE SPECIALIST. Document filed by Skechers USA, Inc. II; Starr Indemnity & Liability Company..(Cammarano, Dennis) |
| Filing 12 AFFIDAVIT OF SERVICE. Kuehne + Nagel Inc. served on 1/20/2022, answer due 2/10/2022. Service was accepted by KARTIK PANDYA, INTAKE SPECIALIST. Document filed by Starr Indemnity and Liability Company. Filed In Associated Cases: 1:21-cv-11213-CM et al..(Cammarano, Dennis) |
| Filing 11 AFFIDAVIT OF SERVICE. MCL- Multi Container Line, Inc. served on 1/18/2022, answer due 2/8/2022. Service was accepted by LYNANNE GARES. Document filed by Skechers USA, Inc. II; Starr Indemnity and Liability Company. Filed In Associated Cases: 1:21-cv-11213-CM, 1:22-cv-00284-CM.(Cammarano, Dennis) |
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Filing 10
SCHEDULING ORDER AND ORDER CONSOLIDATING CASES: Whereas the court has accepted each of the above captioned lawsuits as "related cases" due to the fact that each arises out of Voyage 051 of the vessel known as the Maersk Essen, and the court has already ordered that the first six of the above captioned cases be consolidated under the fust filed case number 1:21-cv-11213 (the Master Case Number) and under the rubric "In re: Maersk Essen Voyage 051 Cases," it is hereby ordered that ALL of the above caption cases be consolidated under 1:21-cv-11213, In re: Maersk Essen Voyage 051 Cases. The three most recently filed cases - 1:22-cv-00366, 1:22-cv-00370, and 1:22-cv-00388 - are to be designated as member cases. Any filing in any of these cases must be posted to ECF in both the Master Case Number and the civil action number assigned to the individual case. The parties are to appear for an initial Rule 16(b) case management conference on Thursday, February 10 at 11:30 AM in Courtroom 24A of the Daniel Patrick Moynihan United States Courthouse. Initial Conference set for 2/10/2022 at 11:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/19/2022) BY ECF TO ALL COUNSEL OF RECORD Filed In Associated Cases: 1:21-cv-11213-CM et al. (kv)
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Filing 9
ORDER: Whereas the court has accepted each of the above captioned lawsuits as "related cases" due to the fact that each arises out of Voyage 051 of the vessel known as the Maersk Essen, it is hereby ordered that these cases be consolidated under the first filed case number 1:21 cv-11213, which shall be the Master Case Number, and the rubric "In re: Maersk Essen Voyage 051 Cases." It is further ordered that any filing in any of these. cases must be posted to ECF in both the Master Case Number and the civil action number assigned to the individual case. (Signed by Judge Colleen McMahon on 1/14/2022) Filed In Associated Cases: 1:21-cv-11213-CM et al. (kv)
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| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-11213-CM. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (aea) |
| Magistrate Judge James L. Cott 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) |
| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-11213-CM.. (kv) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to MCL- Multi Container Line, Inc. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Shipco Transport Inc. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dennis A. Cammarano. The following case opening statistical information was erroneously selected/entered: Dollar Demand 57,357,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 57,000. (vf) |
| CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:21-cv-11213. (vf) |
| Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-11213-CM. Document filed by Skechers USA, Inc. II, Starr Indemnity & Liability Company..(Cammarano, Dennis) |
| Filing 5 CIVIL COVER SHEET filed..(Cammarano, Dennis) |
| Filing 4 NOTICE of and Certification of Interested Parties. Document filed by Skechers USA, Inc. II, Starr Indemnity & Liability Company..(Cammarano, Dennis) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to MCL- Multi Container Line, Inc. d/b/a Transpac CargoLine, re: #1 Complaint,. Document filed by Skechers USA, Inc. II, Starr Indemnity & Liability Company..(Cammarano, Dennis) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Shipco Transport Inc., re: #1 Complaint,. Document filed by Skechers USA, Inc. II, Starr Indemnity & Liability Company..(Cammarano, Dennis) |
| Filing 1 COMPLAINT against MCL- Multi Container Line, Inc. d/b/a Transpac CargoLine, Shipco Transport Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25571766)Document filed by Skechers USA, Inc. II, Starr Indemnity & Liability Company..(Cammarano, Dennis) |
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