Atlantic Specialty Insurance Company v. Maersk A/S et al
| Atlantic Specialty Insurance Company |
| Maersk A/S, Shipco Transport Inc. and AWOT Logistics (USA) Corp. |
| 1:2022cv00374 |
| January 14, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Contract: Marine |
| 28 U.S.C. § 1333 ad Admiralty |
| None |
Docket Report
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Filing 20
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 19 WAIVER OF SERVICE RETURNED EXECUTED. Maersk A/S waiver sent on 1/25/2022, answer due 3/28/2022. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 18 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 17
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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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-08183-CM-GWG.. (kv) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint. Shipco Transport Inc. served on 2/4/2022, answer due 2/25/2022. Service was accepted by Ulises Campos, authorized agent. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Edgardo Ramos is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08183-ER-GWG. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Lorna G. Schofield is no longer assigned to the case. (aea) |
| Magistrate Judge Gabriel W. Gorenstein is so redesignated. (aea) |
| Filing 15 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-8183 (ER). Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 14 LETTER addressed to Judge Lorna G. Schofield from Justin M. Heilig dated 02-07-2022 re: Response to Order #13 . Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
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Filing 13
ORDER: WHEREAS, the Order issued January 31, 2022, scheduled an initial pretrial conference for March 30, 2022. (Dkt. No. 11.) It is hereby ORDERED that by February 10, 2022, Plaintiff shall file a letter indicating whether this action is related to any of the following actions: 21 Civ. 8183 (ER) (GWG), 22 Civ. 306 (ER) (GWG), 22 Civ. 372 (ER) (GWG), 22 Civ. 439 (ER), 22 Civ. 445 (ER) (GWG), 22 Civ. 487 (ER), and 22 Civ. 494 (ER). If the action is related, Plaintiff shall file a Related Case Statement available at https://www.nysd.uscourts.gov/forms/relatedcase-statement. (Signed by Judge Lorna G. Schofield on 2/7/2022) (mml)
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| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. AWOT Logistics (USA) Corp. served on 1/25/2022, answer due 2/15/2022. Service was accepted by Matthew [Doe]. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
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Filing 11
ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. Initial Conference set for 3/30/2022 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/31/2022) (tg)
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| Filing 10 ELECTRONIC SUMMONS ISSUED as to Maersk A/S..(gp) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Shipco Transport Inc...(gp) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to AWOT Logistics (USA) Corp...(gp) |
| Magistrate Judge Debra C. Freeman 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(gp) |
| Case Designated ECF. (gp) |
| Filing 7 NOTICE OF APPEARANCE by Dalton Luke on behalf of Atlantic Specialty Insurance Company..(Luke, Dalton) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to AWOT Logistics (USA) Corp., re: #1 Complaint. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Shipco Transport Inc., re: #1 Complaint. Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Maersk A/S, re: #1 Complaint. 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 AWOT Logistics (USA) Corp., Maersk A/S, Shipco Transport Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25589988)Document filed by Atlantic Specialty Insurance Company..(Heilig, Justin) |
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