H&L Contracting LLC, as Owner and/or Owner Pro Hac Vice of Sectional Deck BARGE, for Exoneration from or Limitation of Liability v. Jersey Central Power & Light Company
Petitioner: In the Matter of the Complaint of H&L Contracting LLC, as Owner and/or Owner Pro Hac Vice of Sectional Deck BARGE, for Exoneration from or Limitation of Liability and H&L Contracting LLC
Claimant: Jersey Central Power & Light Company
Case Number: 1:2022cv01273
Filed: February 15, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1333 ad Admiralty
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney James Edward Mercante to RE-FILE Document No. #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Not all parties are named; The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal)
April 11, 2022 Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PARTIES SUBJECT TO SERVICE - REQUEST FOR ISSUANCE OF SUMMONS as to FirstEnergy Corp, re: #2 Complaint,. Document filed by H&L Contracting LLC..(Mercante, James) Modified on 4/12/2022 (lal).
March 17, 2022 Filing 7 NOTICE: PLEASE TAKE NOTICE that H&L Contracting, LLC, pursuant to 46 U.S.C. 30501 et seq., involving maritime claims within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure and Rule F of the Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure, concerning any claims for loss or damage arising or resulting from alleged impact with a submerged transmission cable which is claimed to have occurred on or about November 4, 2020, while petitioner's Deck Barge was upon the navigable waters of the United States in Barnegat Bay New Jersey, as more fully described in the petitioner's Complaint filed in the captioned action; and PLEASE TAKE FURTHER NOTICE that all persons, firms, entities or corporations, having any claim or suit against the petitioner or their Deck Barge arising or resulting from the alleged incident must file a claim as provided in Rule F of the Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure, with the Clerk of the Court, at the Court, at the United States District Court, Southern District of New York; 500 Pearl Street, New York, New York 10007, and must deliver or mail to the attorneys for the petitioner, James E. Mercante, Esq., RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy on or before the 1st day of June 2022 or be defaulted. Personal attendance is not required. Further, any claimant desiring to contest petitioner's right either to exoneration from or limitation of liability shall file an Answer to the Complaint on or before the aforesaid date as required by Supplemental Rule F of the Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure and deliver or mail a copy to the attorneys for the petitioner, or be defaulted. Signed on March 17 by the Clerk of Court Ruby J. Krajick. (ama)
March 17, 2022 Opinion or Order Filing 6 AMENDED ORDER: NOW, on motion of attorneys for petitioner, it is hereby: ORDERED that the above-described Ad Interim Stipulation for Value, with interest as aforesaid, filed by petitioner for the benefit of any and all claimants as security representing the petitioner's interest in the value of the Deck Barge and material handler as of the date of the alleged incident, be and is hereby approved; and IT IS IT IS FURTHER ORDERED that any claimant in these proceedings may express, only upon motion and good cause shown and by written notice filed with the Court and served upon all parties of record, its dissatisfaction with Travelers Property Casualty Company of America as surety. In this event, petitioner shall within thirty (30) days of the entry of an order by the Court concerning the surety, cause security to be posted in the form provided bySupplemental Rule F(1) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and satisfactory to this Court failing which the injunction entered concurrently herewith will be vacated as to all claimants, and the Court will make sure such further order as the justice of the cause may require; and IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk of this Court to all persons, firms, entities or corporations, having any claim or suit against petitioner with respect to which the Complaint seeks exoneration from or limitation of liability, admonishing them to file their respective claims with the Clerk of this Court, in writing, and to deliver or mail to the attorneys for the petitioner, James E. Mercante, Esq., RUBIN FIORELLA, FRIEDMAN & MERCANTE LLP, 630 Third Avenue, 3rd Floor, New York, New York 100017, a copy thereof, ON OR BEFORE THE 1st DAY OF JUNE, 2022, or be defaulted; and that if any claimant desires to contest either the right to exoneration from or the right to limitation of liability, such claimant shall file an Answer to the Complaint, on or before the aforesaid date, unless the claim has included an Answer to the Complaint, as required by Supplemental Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and deliver or mail a copy to the attorneys for the petitioner, or be defaulted. IT IS FURTHER ORDERED that service of this Order as a Restraining Order be made through the Post Office by mailing a conformed copy hereof to the person or persons to be restrained, or to their respective attorneys. And as set forth herein., H&L Contracting LLC answer due 6/1/2022. (Signed by Judge Edgardo Ramos on 3/17/2022) (ama)
March 14, 2022 Filing 5 LETTER addressed to Judge Edgardo Ramos from James E. Mercante dated March 14, 2022 Document filed by H&L Contracting LLC..(Mercante, James)
March 11, 2022 Opinion or Order Filing 4 ORDER: ORDERED that the above-described Ad Interim Stipulation for Value, with interest as aforesaid, filed by petitioner for the benefit of any and all claimants as security representing the petitioner's interest in the value of the Deck Barge and material handler as of the date of the alleged incident, be and is hereby approved; and IT IS FURTHER ORDERED that the Court, only upon motion and good cause shown, shall cause appraisement of the value of petitioner's interest in the Deck Barge and material handler on the date of the alleged incident, and may thereupon order security increased or reduced if it finds the amount thereof insufficient or excessive; and IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk of his Court to all persons, firms, entities or corporations, having any claim or suit against the petitioner with respect to which the Complaint seeks exoneration from or limitation of liability, admonishing them to file their respective claims with the Clerk of this Court, in writing, and to deliver or mail to the attorneys for the petitioner, James E. Mercante, Esq., RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy thereof, ON OR BEFORE THE 11TH day of April 2022, or be defaulted; and that if any claimant desires to contest either the right to exoneration from or the right to limitation of liability, such claimant shall file an Answer to the Complaint on or before the aforesaid date, unless the claim has included an Answer to the Complaint, as required by Supplemental Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and deliver or mail a copy to the attorneys for the petitioner, or be defaulted. IT IS FURTHER ORDERED that the aforesaid Notice shall be published in a newspaper with a general circulation, once a week for four ( 4) weeks before the return date of said Notice, as provided by the aforesaid Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and copies of said Notice shall be mailed by petitioner in accordance with this Rule to every person known to have any claim against the vessel, or petitioner, or to their attorneys and further set forth in this Order. (Signed by Judge Edgardo Ramos on 3/11/2022) (rro) Transmission to Office of the Clerk of Court for processing.
February 17, 2022 Filing 3 NOTICE OF APPEARANCE by Bruce M. Friedman on behalf of H&L Contracting LLC..(Friedman, Bruce)
February 17, 2022 Case Designated ECF. (vf)
February 17, 2022 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. (vf)
February 17, 2022 ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney James Edward Mercante. The following party/parties has been removed from this case: Jersey Central Power & Light Company. The party was added to the case in error. (vf)
February 17, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Edward Mercante. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 890 (Other Statutory Actions). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 380 Personal Property: Other. (vf)
February 17, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Edward Mercante. The party information for the following party/parties has been modified: In the Matter of the Complaint of H&L Contracting LLC, as Owner and/or Owner Pro Hac Vice of Sectional Deck BARGE, for Exoneration from or Limitation of Liability. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf)
February 17, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(vf)
February 17, 2022 ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney James Edward Mercante. Civil Case Opening Fee of Due: for #2 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 2/22/2022. (vf)
February 17, 2022 Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Complaint,,. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-25736909, paid on 2/15/2022..(gp)
February 16, 2022 Filing 2 COMPLAINT FOR EXONERATION FROM LIMITATION LIABILITY. Document filed by H&L Contracting LLC, as Owner and/or Owner Pro Hac Vice of Sectional Deck BARGE, for Exoneration from or Limitation of Liability. (Attachments: #1 Exhibit A - Castlerock Risk Service LLC Appraisal, #2 Exhibit B - Ad Interim Stipulation, #3 Notice, #4 Text of Proposed Order).(Mercante, James) Modified on 2/17/2022 (vf).
February 16, 2022 ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney James Edward Mercante to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 2/22/2022. (vf)
February 15, 2022 Filing 1 CIVIL COVER SHEET filed..(Mercante, James)

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Petitioner: In the Matter of the Complaint of H&L Contracting LLC, as Owner and/or Owner Pro Hac Vice of Sectional Deck BARGE, for Exoneration from or Limitation of Liability
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Petitioner: H&L Contracting LLC
Represented By: Bruce M. Friedman
Represented By: James Edward Mercante
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Claimant: Jersey Central Power & Light Company
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