Travelers Property Casualty Company of America v. Worldwide Logistics Limited et al
| Travelers Property Casualty Company of America |
| Worldwide Logistics Limited, Topocean Consolidation Service (Los Angeles) Inc., De Well Container Shipping, Inc., Soonest Express, Inc and T.H.I. Group Shanghai Ltd. KUL20120006 |
| 1:2022cv04215 |
| May 23, 2022 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Colleen McMahon |
| Contract: Marine |
| 49 U.S.C. § 81 Damaged Goods While Being Transported (DISCONTINUED AFTER 1/27/2014) |
| None |
Docket Report
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Filing 43
STIPULATION OF PARTIAL VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their respective counsel, that any and all claims asserted by Plaintiff Travelers Property Casualty Company of America against Defendant Soonest Express Inc only in the above-captioned action (22 cv 4215) are voluntarily dismissed with prejudice and without costs pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Any and all claims asserted by Plaintiff against any other Defendant in the above-captioned action are not affected by this stipulation. So ordered. Soonest Express, Inc terminated. (Signed by Judge Colleen McMahon on 7/5/2022) (ate) Modified on 7/5/2022 (ate).
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #42 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Colleen McMahon for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 42 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Soonest Express, Inc and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Travelers Property Casualty Company of America. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(O'Malley, Kevin) |
| Filing 41 CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: telephone conference on Thursday, September 29, 2022 at 2:00 P.M. before the Honorable Colleen McMahon, United States District Judge. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. (Telephone Conference set for 9/29/2022 at 02:00 PM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 6/9/2022) (rro) |
| Filing 40 NOTICE OF APPEARANCE by Kevin John Byron O'Malley on behalf of Travelers Property Casualty Company of America..(O'Malley, Kevin) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08183-CM-GWG. Notice of Assignment to follow. (vba) |
| Magistrate Judge Gabriel W. Gorenstein is so redesignated. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Paul A. Engelmayer is no longer assigned to the case. (vba) |
| Filing 39 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:22-cv-00155. Original file certified copy of transfer order and docket entries received. |
| 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. (laq) |
| Magistrate Judge Barbara C. Moses 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. (laq) |
| Case Designated ECF. (laq) |
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Filing 38
ORDER ON JOINT STIPULATION TO TRANSFER THIS ACTION TO THE SOUTHERN DISTRICT OF NEW YORK FOR THE CONVENIENCE OF THE PARTIES, WITNESSES AND INTERESTS OF JUSTICE by Judge Christina A. Snyder: IT IS ORDERED that this action is transferred to the U.S. District Court for the Southern District of New York pursuant to 28 U.S.C. 1404(a). IT IS SO ORDERED. Case transferred electronically. (MD JS-6. Case Terminated.) (shb) [Transferred from California Central on 5/23/2022.]
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| Filing 37 STIPULATION to Transfer Case to the Southern District of New York filed by Defendants Topocean Consolidation Service Los Angeles, Inc., Worldwide Logistics Limited. (Attachments: #1 Proposed Order)(Uthoff, Stephen) [Transferred from California Central on 5/23/2022.] |
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Filing 36
ORDER DISCHARGING ORDER TO SHOW CAUSE AND DISMISSING DEFENDANT T.H.I. GROUP (SHANGHAI) LTD. by Judge Christina A. Snyder, re Response, #35 . hereby Orders as follows: The Order to Show Cause is discharged; and Defendant T.H.I. GROUP (SHANGHAI) LTD. is dismissed, with prejudice with each party to bear its own costs and fees. (et) [Transferred from California Central on 5/23/2022.]
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| Filing 35 RESPONSE filed by Plaintiff Travelers Property Casualty Company of America Plaintiff's Response to Order to Show Cause and Notice of Voluntary Dismissal with Prejudice as to Defendant T.H.I. Group (Shanghai) LTD (Attachments: #1 Proposed Order)(Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 34 MINUTES OF ZOOM SCHEDULING CONFERENCE - (Continued) held before Judge Christina A. Snyder. Hearing held by Zoom and counsel are present. The Court confers with counsel, as stated on the record. The Court continues the Scheduling Conference to May 23, 2022, at 11:00 A.M., to be held by Zoom. Zoom Webinar Information can be found on the Court's website, under Judge Snyder's Procedures. The Court grants plaintiffs request to extend its Order to Show Cause #33 as to defendant T.H.I. Group Shanghai LTD KUL20120006. Therefore, plaintiffs Order to Show Cause is hereby extended to May 23, 2022. Court Reporter: Laura Elias. (shb) [Transferred from California Central on 5/23/2022.] |
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Filing 33
MINUTE (IN CHAMBERS) - ORDER TO SHOW CAUSE by Judge Christina A. Snyder: IT IS HEREBY ORDERED that PLAINTIFF show cause in writing not later than May 13, 2022 why this action should not be dismissed for lack of prosecution as to defendant T.H.I. GROUP SHANGHAI LTD. KUL20120006, only. In accordance with Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7.15, oral argument shall not be heard in the above matter unless so ordered by the Court. The Order to ShowCause will stand submitted upon the filing of briefs. Plaintiff is advised that the Court will consider an answer by defendant T.H.I. GROUP SHANGHAI LTD. KUL20120006, or plaintiffs request for entry of default on this defendant on or before the above date, as a satisfactory response to the Order to Show Cause. (shb) [Transferred from California Central on 5/23/2022.]
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| Filing 32 SCHEDULING NOTICE (IN CHAMBERS) AND SETTING HEARING BY ZOOM by Judge Christina A. Snyder, re: Initial Order Setting R26 Scheduling Conference #26 and Joint Report Rule 26(f) Discovery Plan #31 . The 4/25/2022 Scheduling Conference at 11:00 AM will be held by Zoom. Zoom Webinar Information can be found on the Court's website, under Judge Snyder's Procedures. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY [Transferred from California Central on 5/23/2022.] |
| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Travelers Property Casualty Company of America.. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Travelers Property Casualty Company of America, upon Defendant T.H.I. Group Shanghai Ltd. KUL20120006 served on 3/24/2022, answer due 4/14/2022. Service of the Summons and Complaint were executed upon T.H.I. Group (Shanghai) LTD in compliance with statute not specified by personal service.Original Summons NOT returned. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 29 CORPORATE DISCLOSURE STATEMENT filed by Defendant De Well Container Shipping, Inc. (Rose, Bradley) [Transferred from California Central on 5/23/2022.] |
| Filing 28 ANSWER to Complaint (Attorney Civil Case Opening) #1 and Affirmative Defenses filed by Defendant De Well Container Shipping, Inc..(Attorney Bradley Rose added to party De Well Container Shipping, Inc.(pty:dft))(Rose, Bradley) [Transferred from California Central on 5/23/2022.] |
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Filing 27
MINUTE ORDER (IN CHAMBERS) - ORDER TO SHOW CAUSE by Judge Christina A. Snyder. IT IS HEREBY ORDERED that PLAINTIFF show cause in writing not later than April 7, 2022 why this action should not be dismissed for lack of prosecution as to defendants DE WELL CONTAINER SHIPPING, INC.; and T.H.I. GROUP SHANGHAI LTD. KUL20120006, only. Plaintiff is advised that the Court will consider the following: A proof of service of summons and complaint on defendant T.H.I. GROUP SHANGHAI LTD. KUL20120006; and An answer by defendant DE WELL CONTAINER SHIPPING, INC., or plaintiff's request for entry of default on this defendant on or before the above date, as a satisfactory response to the Order to Show Cause. (lom) [Transferred from California Central on 5/23/2022.]
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Filing 26
ORDER SETTING SCHEDULING CONFERENCE by Judge Christina A. Snyder. Scheduling Conference is set for 4/25/2022 at 11:00 AM before Judge Christina A. Snyder. (cj) [Transferred from California Central on 5/23/2022.]
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| Filing 25 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Worldwide Logistics Limited.(Uthoff, Stephen) [Transferred from California Central on 5/23/2022.] |
| Filing 24 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Topocean Consolidation Service Los Angeles, Inc..(Uthoff, Stephen) [Transferred from California Central on 5/23/2022.] |
| Filing 23 CERTIFICATE of Interested Parties filed by Defendant Soonest Express, Inc, identifying Soonest Express, Inc.; St. Paul Fire; and Marine Insurance Co.. (Krieger, Lynn) [Transferred from California Central on 5/23/2022.] |
| Filing 22 ANSWER to Complaint (Attorney Civil Case Opening) #1 Defendant Soonest Express, Inc.'s Answer to Plaintiff's Complaint filed by Defendant Soonest Express, Inc.(Krieger, Lynn) [Transferred from California Central on 5/23/2022.] |
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Filing 21
ORDER ON JOINT STIPULATION FOR PARTIAL DISMISSAL OF THE COMPLAINT AS TO DEFENDANTS WORLDWIDE LOGISTICS LIMITED AND TOPOCEAN CONSOLIDATION SERVICE (LOS ANGELES) INC. ONLY #18 by Judge Christina A. Snyder. The Court hereby ORDERS as follows: Plaintiff's Second, Third, and Fourth causes of action are dismissed, without prejudice, as to WORLDWIDE LOGISTICS, LTD and TOPOCEAN CONSOLIDATION SERVICE (LOS ANGELES) INC only; WORLDWIDE LOGISTICS, LTD. and TOPOCEAN CONSOLIDATION SERVICE (LOS ANGELES) INC. shall file an answer to the remaining COGSA claim in plaintiff's Complaint herein no later than March 11, 2022. (lom) [Transferred from California Central on 5/23/2022.]
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| Filing 20 CERTIFICATE of Interested Parties filed by Defendant Worldwide Logistics Limited, identifying Worldwide Logistics, Ltd.; New York Marine & General Insurance; Prosight Specialty Insurance; Avlon Risk Management. (Uthoff, Stephen) [Transferred from California Central on 5/23/2022.] |
| Filing 19 CERTIFICATE of Interested Parties filed by Defendant Topocean Consolidation Service Los Angeles, Inc., identifying TopOcean Consolidated Service (Los Angeles) Inc.; New York Marine & General Insurance; Prosight Specialty Insurance; Avlon Risk Management. (Uthoff, Stephen) [Transferred from California Central on 5/23/2022.] |
| Filing 18 Joint REQUEST to Dismiss 2nd, 3rd, and 4th Causes of Action without prejudice as to TopOcean Consolidation Service (Los Angeles) Inc. and Worldwide Logistics Ltd. only filed by Defendants Topocean Consolidation Service Los Angeles, Inc., Worldwide Logistics Limited. (Attachments: #1 Proposed Order) (Uthoff, Stephen) [Transferred from California Central on 5/23/2022.] |
| Filing 17 STIPULATION Extending Time to Answer the complaint as to Topocean Consolidation Service Los Angeles, Inc. answer now due 2/25/2022, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Topocean Consolidation Service Los Angeles, Inc..(Attorney Stephen M Uthoff added to party Topocean Consolidation Service Los Angeles, Inc.(pty:dft))(Uthoff, Stephen) [Transferred from California Central on 5/23/2022.] |
| Filing 16 STIPULATION Extending Time to Answer the complaint as to Worldwide Logistics Limited answer now due 2/25/2022, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Worldwide Logistics Limited.(Attorney Stephen M Uthoff added to party Worldwide Logistics Limited(pty:dft))(Uthoff, Stephen) [Transferred from California Central on 5/23/2022.] |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to Soonest Express, Inc answer now due 3/7/2022, filed by Plaintiff Travelers Property Casualty Company of America.(Cummins, Michael) [Transferred from California Central on 5/23/2022.] |
| Filing 14 NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) [Transferred from California Central on 5/23/2022.] |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Travelers Property Casualty Company of America, upon Defendant Soonest Express, Inc served on 1/14/2022, answer due 2/4/2022. in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Travelers Property Casualty Company of America, upon Defendant Topocean Consolidation Service Los Angeles, Inc. served on 1/14/2022, answer due 2/4/2022. Service of the Summons and Complaint were executed upon Janson Wu - Clerk & Authorized to Accept in compliance with statute not specified by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Travelers Property Casualty Company of America, upon Defendant Worldwide Logistics Limited served on 1/12/2022, answer due 2/2/2022. Service of the Summons and Complaint were executed upon Gina Quinn - Operations Manager Authorized to Accept Service in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Travelers Property Casualty Company of America, upon Defendant De Well Container Shipping, Inc. served on 1/12/2022, answer due 2/2/2022. in compliance with statute not specified by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants De Well Container Shipping, Inc., Soonest Express, Inc, T.H.I. Group Shanghai Ltd. KUL20120006, Topocean Consolidation Service Los Angeles, Inc., Worldwide Logistics Limited. (car) [Transferred from California Central on 5/23/2022.] |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from California Central on 5/23/2022.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 5/23/2022.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Gail J. Standish. (car) [Transferred from California Central on 5/23/2022.] |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Travelers Property Casualty Company of America identifying The Phoenix Insurance Company; The Travelers Indemnity Company; Travelers Insurance Group Holdings, Inc; Travelers Property Casualty Corp.; The Travelers Companies, Inc. as Corporate Parent. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 4 CERTIFICATE/ NOTICE of Interested Parties filed by Plaintiff Travelers Property Casualty Company of America, identifying United Furniture Industries, Inc.; Logo Brands, Inc.; UMA Enterprises, Inc.; Logo Brands, Inc.; Southern Enterprises, LLC; Premier Paint Roller Company. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Travelers Property Casualty Company of America. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Travelers Property Casualty Company of America. (Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-32586779 - Fee: $402, filed by Plaintiff Travelers Property Casualty Company of America. (Attorney Joshua A Southwick added to party Travelers Property Casualty Company of America(pty:pla))(Southwick, Joshua) [Transferred from California Central on 5/23/2022.] |
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