National Union Fire Insurance Company of Pittsburgh, PA et al. v. M/V Maersk Essen et al.
| National Union Fire Insurance Company of Pittsburgh, PA, AIG Insurance Co., China, Ltd., XL Insurance Company (AXA), Fubon Insurance Co. Ltd., Deckers Outdoor Corporation, Wolverine World Wide Inc., Fedex Trade Networks and Aig Insurance Company of Canada |
| Mediterranean Shipping CompanyS.A., Jiamao International Ship Lease Company Ltd., Orient Express Container Co., Ltd., Kuehne+Nagel, Inc doing business as Blue Anchor America Line, Maersk A/S doing business as MSC., Mediterranean Shipping CompanyS.A. doing business as MSC, Maersk A/S, Pelorus Ocean Line Limited and M/V Maersk Essen, her engines, tackle, boilers, in rem, etc. |
| 1:2022cv00461 |
| January 18, 2022 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Colleen McMahon |
| Contract: Marine |
| 28 U.S.C. § 1333 mc Marine Contract |
| None |
Docket Report
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Filing 37
ORDER CONSOLIDATING TRANSFERRED CASE: The United States District Court for the District of Minnesota has entered an order transferring a case legended Continental Insurance Co. v. C.H. Robinson International, 22-cv- 02203, to this court, and it has been assigned to me as related to the Maersk Voyage 051 Shipper Cases. The Clerk is directed to add the newly-transferred case to the consolidated action. Counsel in the new action are expected to familiarize themselves with all docket entries and to participate in the initial conference that will take place later this month. (Signed by Judge Colleen McMahon on 3/18/2022) BY ECF TO ALL COUNSELFiled In Associated Cases: 1:21-cv-08183-CM-GWG et al. (kv)
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| Filing 36 NOTICE OF APPEARANCE by Jon Werner on behalf of Mediterranean Shipping CompanyS.A...(Werner, Jon) |
| Filing 35 ANSWER to #16 Amended Complaint,,. Document filed by Mediterranean Shipping CompanyS.A...(Flood, Edward) |
| Filing 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mediterranean Shipping CompanyS.A...(Flood, Edward) |
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Filing 33
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 32 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 31
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 30 ELECTRONIC SUMMONS ISSUED as to Kuehne+Nagel, Inc..(gp) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Pelorus Ocean Line Limited..(gp) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to Orient Express Container Co., Ltd...(gp) |
| Filing 27 ELECTRONIC SUMMONS ISSUED as to Mediterranean Shipping CompanyS.A...(gp) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Jiamao International Ship Lease Company Ltd...(gp) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Maersk A/S..(gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Francis Ryan to RE-FILE Document No. #22 Request for Issuance of Summons, #23 Request for Issuance of Summons. The filing is deficient for the following reason(s): doc #22 and doc #23 are duplicates to document #21. (Please see document 25). (gp) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to Jiamao International Ship Lease Co., Ltd., re: #16 Amended Complaint,,. Document filed by Wolverine World Wide Inc...(Ryan, John) |
| Filing 23 FILING ERROR - DUPLICATE DOCKET ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to Maersk A/S, re: #16 Amended Complaint,,. Document filed by Wolverine World Wide Inc...(Ryan, John) Modified on 2/22/2022 (gp). |
| Filing 22 FILING ERROR - DUPLICATE DOCKET ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to Maersk A/S, re: #16 Amended Complaint,,. Document filed by AIG Insurance Co., China, Ltd...(Ryan, John) Modified on 2/22/2022 (gp). |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Maersk A/S, re: #16 Amended Complaint,,. Document filed by XL Insurance Company (AXA)..(Ryan, John) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Kuehne + Nagel, Inc., re: #16 Amended Complaint,,. Document filed by Deckers Outdoor Corporation..(Ryan, John) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Pelorus Ocean Line Limited, re: #16 Amended Complaint,,. Document filed by Aig Insurance Company of Canada..(Ryan, John) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Orient Express Container Co., Ltd., re: #16 Amended Complaint,,. Document filed by Fubon Insurance Co. Ltd...(Ryan, John) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Mediterranean Shipping Company S.A., re: #16 Amended Complaint,,. Document filed by Fedex Trade Networks..(Ryan, John) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Mary Kay Vyskocil is no longer assigned to the case. (aea) |
| Filing 16 FIRST AMENDED COMPLAINT amending #15 Amended Complaint,, against Jiamao International Ship Lease Company Ltd., Kuehne+Nagel, Inc, Maersk A/S, Mediterranean Shipping CompanyS.A., Orient Express Container Co., Ltd., Pelorus Ocean Line Limited, M/V Maersk Essen, her engines, tackle, boilers, in rem, etc..Document filed by Wolverine World Wide Inc., XL Insurance Company (AXA), Aig Insurance Company of Canada, Fedex Trade Networks, AIG Insurance Co., China, Ltd., Fubon Insurance Co. Ltd., Deckers Outdoor Corporation. Related document: #15 Amended Complaint,,..(Ryan, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Francis Ryan to RE-FILE Document No. #15 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #11 Amended Complaint, against Pelorus Ocean Line Limited.Document filed by Wolverine World Wide Inc., XL Insurance Company (AXA), Aig Insurance Company of Canada, Fedex Trade Networks, AIG Insurance Co., China, Ltd., Fubon Insurance Co. Ltd., National Union Fire Insurance Company of Pittsburgh, PA, Pelorus Ocean Line Limited, Deckers Outdoor Corporation. Related document: #11 Amended Complaint,..(Ryan, John) Modified on 2/4/2022 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Francis Ryan to RE-FILE re: Document No. #11 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Edgardo Ramos is no longer assigned to the case. (vba) |
| Filing 14 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc for Aig Insurance Company of Canada. Document filed by Aig Insurance Company of Canada..(Ryan, John) |
| Filing 13 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FedEx for Fedex Trade Networks. Document filed by Fedex Trade Networks..(Ryan, John) |
| Filing 12 CIVIL COVER SHEET filed..(Ryan, John) |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint against Fedex Trade Networks, Aig Insurance Company of Canada, Pelorus Ocean Line Limited.Document filed by Fedex Trade Networks, Aig Insurance Company of Canada. Related document: #1 Complaint.(Ryan, John) Modified on 2/3/2022 (sj). |
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Filing 10
ORDER OF REFERENCE TO A 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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/21/2022) (ama)
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| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned 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) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| Filing 9 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AXA S.A. for XL Insurance Company (AXA). Document filed by XL Insurance Company (AXA)..(Ryan, John) |
| Filing 8 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wolverine World Wide Inc...(Ryan, John) |
| Filing 7 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc for National Union Fire Insurance Co Pittsburg PA. Document filed by National Union Fire Insurance Co Pittsburg PA..(Ryan, John) |
| Filing 6 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fubon Financial Holdings Co., Ltd. for Fubon Ins. Co., Ltd.. Document filed by Fubon Ins. Co., Ltd...(Ryan, John) |
| Filing 5 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deckers Outdoor Corporation..(Ryan, John) |
| Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American International Group, Inc for AIG Insurance Co., China, Ltd.. Document filed by AIG Insurance Co., China, Ltd...(Ryan, John) |
| CASE REFERRED TO Judge Edgardo Ramos as possibly related to 21cv8183. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Francis Ryan. The party information for the following party/parties has been modified: Jiamao International Ship Lease Company Ltd., Kuehne+Nagel, Inc, Mediterranean Shipping CompanyS.A., Orient Express Container Co., Ltd., Maersk A/S, Wolverine World Wide Inc., XL Insurance Company (AXA), AIG Insurance Co., China, Ltd., Fubon Ins. Co., Ltd., National Union Fire Insurance Co Pittsburg PA, Deckers Outdoor Corporation. The information for the party/parties has been modified for the following reason/reasons:party name contained a typographical error; party role was entered incorrectly; party text was omitted; alias party name was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Francis Ryan. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,580,738,000; Fee Status code pend (IFP pending);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,600,000; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Francis Ryan re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add M/V Maersk Essen to CM ECF as a defendant with the party text "her engines, tackle, Boilers, etc., in rem". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| Filing 3 RELATED CASE AFFIRMATION of John F Ryan re: that this action be filed as related to 21-cv-08183(ER). Document filed by AIG Insurance Co., China, Ltd., Deckers Outdoor Corporation, Fubon Ins. Co., Ltd., National Union Fire Insurance Co Pittsburg PA, Wolverine World Wide Inc., XL Insurance Company (AXA)..(Ryan, John) |
| Filing 2 CIVIL COVER SHEET filed..(Ryan, John) |
| Filing 1 COMPLAINT against Jiamao International Ship Lease Company Ltd., Kuehne+Nagel, Inc, Mediterranean Shipping CompanyS.A., Orient Express Container Co., Ltd., Maersk A/S. (Filing Fee $ 402.00, Receipt Number ANYSDC-25601859)Document filed by Wolverine World Wide Inc., XL Insurance Company (AXA), AIG Insurance Co., China, Ltd., Fubon Ins. Co., Ltd., National Union Fire Insurance Co Pittsburg PA, Deckers Outdoor Corporation..(Ryan, John) |
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