Gulf Island Shipyards, LLC v. Mediterranean Shipping Company USA Inc.
| Gulf Island Shipyards, LLC |
| Mediterranean Shi[pping Company (USA) Inc., MSC Mediterranean Shipping Company (USA) Inc., Mediterranean Shipping Company (USA) Inc., Martin Bencher USA, LLC and Martin Bencher (Scandinavia) A/S |
| 1:2022cv01018 |
| February 4, 2022 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Contract: Marine |
| 28 U.S.C. § 1333 mc |
| None |
Docket Report
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney L. Etienne Balart. The party information for the following party/parties has been modified: Mediterranean Shipping Company (USA), INC., as agent for MSC Mediterranean Shipping Co., S.A., Geneva to Mediterranean Shipping Company (USA) Inc. (with party text ) as agent for MSC Mediterranean Shipping Co., S.A., Geneva. (gp)
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Filing 29
FIRST AMENDED COMPLAINT amending #1 Complaint, against Martin Bencher (Scandinavia) A/S, Martin Bencher USA, LLC, Mediterranean Shipping Company (USA), INC., as agent for MSC Mediterranean Shipping Co., S.A., Geneva.Document filed by Gulf Island Shipyards, LLC. Related document: #1 Complaint,..(Balart, L.)
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Filing 28
ORDER GRANTING LEAVE TO AMEND granting #27 EX PARTE MOTION for Leave to File Amended Complaint. IT IS HEREBY ORDERED that Plaintiffs motion for leave to amend the complaint [ECF No. 27] is GRANTED. Plaintiff shall file its First Amended Complaint on or before March 28, 2022. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/21/2022) (jca)
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Filing 27
EX PARTE MOTION for Leave to File Amended Complaint . Document filed by Gulf Island Shipyards, LLC. (Attachments: #1 Text of Proposed Order).(Balart, L.)
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against MSC Mediterranean Shipping Company (USA) Inc., Mediterranean Shipping Company (USA) Inc., Martin Bencher USA, LLC, Martin Bencher (Scandinavia) A/S.Document filed by Gulf Island Shipyards, LLC. Related document: #1 Complaint,..(Balart, L.) Modified on 3/21/2022 (gp).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney L. Etienne Balart to RE-FILE Document No. #26 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. (gp)
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Set/Reset Deadlines: Amended Pleadings due by 3/28/2022. (jca)
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Filing 25
ORDER granting #23 Motion for Sara Barry Kuebel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 24
ORDER granting #22 Motion for Luis Etienne Balart to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Luis Etienne Balart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25863163. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Sara Barry Kuebel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25863897. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 23
MOTION for Sara Barry Kuebel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25863897. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gulf Island Shipyards, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Kuebel, Sara)
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Filing 22
MOTION for Luis Etienne Balart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25863163. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gulf Island Shipyards, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit, #3 Text of Proposed Order).(Balart, L.)
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Filing 21
ORDER: As such, IT IS HEREBY ORDERED that Defendants shall answer or otherwise respond to the Complaint on or before March 21, 2022. Defendants' failure to answer or otherwise respond to the Complaint by March 21, 2022, may result in the entry of default judgment. SO ORDERED. MSC Mediterranean Shipping Company (USA) Inc. answer due 3/21/2022; Mediterranean Shipping Company (USA) Inc. answer due 3/21/2022. (Signed by Judge Mary Kay Vyskocil on 3/7/2022) (tg)
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Filing 20
ORDER granting #19 Motion for James A Marissen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for James A. Marissen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25721666. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 19
MOTION for James A. Marissen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25721666. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MSC Mediterranean Shipping Company (USA) Inc.. (Attachments: #1 Declaration of James A. Marissen iso Mtn for Admission PHV, #2 Exhibit A - Certificate of Good Standing NY, #3 Exhibit B - Certificates of Good Standing - CA Supreme Court and CA State Bar, #4 Text of Proposed Order).(Marissen, James)
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Filing 18
NOTICE OF APPEARANCE by Mark A. Beckman on behalf of MSC Mediterranean Shipping Company (USA) Inc., Mediterranean Shi[pping Company (USA) Inc...(Beckman, Mark)
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Filing 17
CASE TRANSFERRED IN from the United States District Court - District of Louisiana Eastern; Case Number: 2:21-cv-01552. Original file certified copy of transfer order and docket entries received. (sjo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Mary Kay Vyskocil. 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. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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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. (sjo)
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Case Designated ECF. (sjo)
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Filing 16
ORDER AND REASONS: IT IS HEREBY ORDERED that the #8 Motion to Transfer Venue filed by defendant, MSC Mediterranean Shipping Company (USA), Inc., is GRANTED, and this matter is hereby TRANSFERRED to the Southern District of New York. Signed by Judge Mary Ann Vial Lemmon on 2/2/2022.(cwa) [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 15
REPLY to Response to Motion filed by MSC Mediterranean Shipping Company USA, Inc. re #8 MOTION to Transfer Venue Pursuant to the Contractual Forum Selection Clause. (cwa) [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 14
ORDER granting #13 Motion for Leave to File Reply Memorandum, R. Doc. 8. Signed by Judge Mary Ann Vial Lemmon on 1/18/2022. (cwa) [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 13
EXPARTE/CONSENT MOTION for Leave to File Reply R. Doc. 8 filed by MSC Mediterranean Shipping Company USA, Inc.(Stastny, Steven) (Main Document 13 replaced on 1/13/2022) (cwa). (Additional attachment(s) added on 1/13/2022: #1 Proposed Order, #2 Proposed Pleading) (cwa). Modified text/event on 1/13/2022 (cwa). Modified text on 1/16/2022 (sbs). [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 12
RESPONSE/MEMORANDUM in Opposition filed by Gulf Island Shipyards, LLC re #8 MOTION to Transfer Venue Pursuant to the Contractual Forum Selection Clause. (Attachments: #1 Exhibit A)(Balart, Etienne) Modified text on 1/5/2022 (sbs). [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 11
NOTICE of Change of Address by Brian J. Comarda on behalf of MSC Mediterranean Shipping Company USA, Inc. (Comarda, Brian) Modified text on 12/14/2021 (cwa). [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 10
ORDER: IT IS HEREBY ORDERED that Defendant, MSC Mediterranean Shipping Company (USA), Inc. ("MSC") submission date for its #8 Motion to Transfer Venue Pursuant to the Contractual Forum Selection Clause currently set for December 15, 2021, be and is hereby rescheduled for January 12, 2022, the Court's next available submission date. Signed by Judge Mary Ann Vial Lemmon on 12/6/2021.(cwa) [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 9
EXPARTE/CONSENT MOTION to Continue the Submission Date of Defendant's Motion to Transfer Venue, R. Doc. 8 by Gulf Island Shipyards, LLC. (Attachments: #1 Proposed Order)(Balart, Etienne) Modified text on 12/7/2021 (cwa). [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 8
MOTION to Transfer Venue Pursuant to the Contractual Forum Selection Clause by All Defendants. Motion(s) will be submitted on 12/15/2021. (Attachments: #1 Memorandum in Support, #2 Request for Judicial Notice, #3 Exhibit A, #4 Notice of Submission, #5 Proposed Order).(Stastny, Steven) Modified text/submission date on 11/24/2021 (cwa). Modified text on 11/29/2021 (sbs). [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 7
ORDER granting #6 Motion for Extension of Time to Answer re #1 Complaint as to MSC Mediterranean Shipping Company USA, Inc. answer due 11/23/2021. Signed by Judge Mary Ann Vial Lemmon on 11/3/2021. (cwa) Modified text, added link on 11/9/2021 (sbs). [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 6
EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint, by MSC Mediterranean Shipping Company USA, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Stastny, Steven) Modified text on 11/2/2021 (cwa). Modified text, added link on 11/9/2021 (sbs). [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 5
ORDER granting #4 Motion for Extension of Time to Answer as to MSC Mediterranean Shipping Company USA, Inc. answer due 11/2/2021. Signed by Judge Mary Ann Vial Lemmon on 10/13/2021. (cwa) [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 4
EXPARTE/CONSENT MOTION for Extension of Time to Answer by Mediterranean Shipping Company USA Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order)Attorney Steven M. Stastny added to party Mediterranean Shipping Company USA Inc.(pty:dft).(Stastny, Steven) Modified text on 10/13/2021 (cwa). [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 3
Summons Issued as to Mediterranean Shipping Company USA Inc. (sbs) [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 2
Initial Case Assignment to Judge Mary Ann Vial Lemmon and Magistrate Judge Janis van Meerveld. (aj) [Transferred from Louisiana Eastern on 2/4/2022.]
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Filing 1
COMPLAINT against Mediterranean Shipping Company USA Inc. (Filing fee $402 receipt number ALAEDC-8995413) filed by Gulf Island Shipyards, LLC. (Attachments: #1 Civil Cover Sheet) Attorney Etienne Balart added to party Gulf Island Shipyards, LLC(pty:pla).(Balart, Etienne) [Transferred from Louisiana Eastern on 2/4/2022.]
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