Navigators Management Company, Inc. v. Airport Clearance Service, Inc.
| Navigators Management Company Inc. |
| Airport Clearance Service, Inc. doing business as ACS Lines |
| Airport Clearance Service, Inc. |
| Headwin Global Logistics (USA) Inc., OCEAN NETWORK EXPRESS PTE LTD, CHIDORI SHIP HOLDING LLC and M/V ONE Apus |
| 1:2022cv05223 |
| June 22, 2022 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Marine |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
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| Filing 20 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 2:21-cv-06856. Original file certified copy of transfer order and docket entries received. |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03028-PAE. (laq) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03028-PAE. (laq) |
| 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Engelmayer. 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..(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) |
| Filing 19 CERTIFIED JPMDL TRANSFER ORDER MDL No. 3028 that the actions listed on Schedule A and pending outside the Southern District of New York are transferred to the Southern District of New York and, with the consent of that court, assigned to the Honorable Paul A. Engelmayer for coordinated or consolidated pretrial proceedings. (Lee, Tiffeny) [Transferred from New York Eastern on 6/22/2022.] |
| Case transferred to Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent via CM/ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Lee, Tiffeny) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 18 JPMDL TRANSFER ORDER MDL No. 3028, IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Southern District of New York are transferred to the Southern District of New York and, with the consent of that court, assigned to the Honorable Paul A. Engelmayer for coordinated or consolidated pretrial proceedings. (Lee, Tiffeny) [Transferred from New York Eastern on 6/22/2022.] |
Filing 17
JPMDL HEARING ORDER re: pldg. ( #7 in MDL No. 3028), ( #1 in MDL No. 3028) - SECTION A (DESIGNATED FOR ORAL ARGUMENT) PANEL HEARING set for 5/26/2022 in Pittsburgh, Pennsylvania. Notices of Presentation or Waiver of Oral Argument due on or before 5/2/2022. Notice of Presentation or Waiver of Oral Argument form (JPML form 9) can be downloaded from our website. Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 4/14/2022. (Lee, Tiffeny) [Transferred from New York Eastern on 6/22/2022.]
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Filing 16
JPMDL HEARING SESSION ORDER. SECTION A (DESIGNATED FOR ORAL ARGUMENT) PANEL HEARING set for 5/26/2022 in Pittsburgh, Pennsylvania. Notices of Presentation or Waiver of Oral Argument due on or before 5/2/2022. Notice of Presentation or Waiver of Oral Argument form (JPML form 9) can be downloaded from our website. Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 4/14/2022. (Marziliano, August) [Transferred from New York Eastern on 6/22/2022.]
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SCHEDULING ORDER re #15 Letter filed by Navigators Management Company, Inc.: Counsel are directed to submit a further joint status letter on or before June 14, 2022, or earlier if the JPMDL takes action. So Ordered by Magistrate Judge Anne Y. Shields on 4/15/2022. (Minerva, Deanna) [Transferred from New York Eastern on 6/22/2022.]
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| Filing 15 Letter re: Joint Status Letter by Navigators Management Company, Inc. (O'Malley, Kevin) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 14 AFFIDAVIT of Service for 03/25/2022 served on Headwin Global Logistics on 03/23/2022, filed by Airport Clearance Service, Inc.. (Orzel, John) [Transferred from New York Eastern on 6/22/2022.] |
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ORDER granting #13 Motion to Adjourn Conference: In light of the parties' representations regarding the likely transfer of this matter to another district, or to its designation as an MDL, and the costs associated with going forward with this individual case at this time, the initial conference scheduled for March 15, 2022 is adjourned without date. Counsel are directed to submit a joint status letter on or before April 14, 2022, or earlier if the JPMDL takes action. So Ordered by Magistrate Judge Anne Y. Shields on 3/14/2022. (Minerva, Deanna) [Transferred from New York Eastern on 6/22/2022.]
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| Filing 13 First MOTION to Adjourn Conference Before USMJ Schields by Airport Clearance Service, Inc.. (Orzel, John) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 12 NOTICE of Appearance by John A. Orzel on behalf of Airport Clearance Service, Inc. (aty to be noticed) (Orzel, John) [Transferred from New York Eastern on 6/22/2022.] |
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Filing 11
ORDER: Initial Conference set for 3/15/2022 at 11:00 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATTteleconferencing center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachments. So Ordered by Magistrate Judge Anne Y. Shields on 2/9/2022. (Attachments: #1 AYS Rules, #2 Joint Letter Requirements) (Torres, Jasmine) [Transferred from New York Eastern on 6/22/2022.]
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ORDER: After reviewing #9 #10 the parties' submissions, the Court finds that legal issues predominate over factual issues in this case, and grants the defendant's request to exempt this case from court-annexed arbitration. See Local Civil Rule 83.7(e)(2). Ordered by Judge Ann M. Donnelly on 1/19/2022. (Rosenthal, Joshua) [Transferred from New York Eastern on 6/22/2022.]
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| Filing 10 Letter concerning Defendant's request for an exemption from the Court's compulsory arbitration program by Navigators Management Company, Inc. (O'Malley, Kevin) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 9 Letter Requesting Exemption from Compulsory Arbitration by Airport Clearance Service, Inc. (Schultz, Pamela) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 8 Third Party Summons Issued as to Chidori Ship Holding LLC, Headwin Global Logistics (USA) Inc., M/V ONE APUS, Ocean Network Express Pte. Ltd.. (Guzzi, Roseann) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 7 THIRD PARTY COMPLAINT against Headwin Global Logistics (USA) Inc., Ocean Network Express Pte. Ltd., Chidori Ship Holding LLC, M/V ONE APUS, filed by Airport Clearance Service, Inc.. (Attachments: #1 Proposed Summons) (Schultz, Pamela) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 6 NOTICE of Appearance by Kevin John Byron O'Malley on behalf of Navigators Management Company, Inc. (aty to be noticed) (O'Malley, Kevin) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 5 NOTICE DESIGNATING CASE TO ARBITRATION and NOTICE OF ARBITRATION HEARING The Arbitration hearing is scheduled for: March 22, 2022 @ 10:00 a.m. The deadline to select the arbitrator and schedule a pre-arbitration conference with the arbitrator is February 11, 2022.Counsel shall select an Arbitrator from the Courts Panel of Arbitrators and file a fully executed Stipulation for Selection of Arbitrator with the court. The Stipulation for Selection of Arbitrator can be found here: https://www.nyed.uscourts.gov/adr-forms. Counsel will not enter the Stipulation on the docket. Counsel willreturn the fully executed Stipulation to the ADR Coordinator, Rita Credle at: Rita_credle@nyed.uscourts.gov. (Credle, Rita) [Transferred from New York Eastern on 6/22/2022.] |
| CASE REFERRED to Arbitration. (Credle, Rita) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 4 ANSWER to Complaint by Airport Clearance Service, Inc.. (Schultz, Pamela) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Jakubowski, Laura) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) [Transferred from New York Eastern on 6/22/2022.] |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Jakubowski, Laura) [Transferred from New York Eastern on 6/22/2022.] |
| Filing 1 NOTICE OF REMOVAL by Airport Clearance Service, Inc. from Supreme Court of New York, County of Nassau, case number 614552/2021. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-15107703) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court record) (Schultz, Pamela) Modified on 12/13/2021 (Jakubowski, Laura). [Transferred from New York Eastern on 6/22/2022.] |
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