Navigators Management Company, Inc. v. R.I.M. Logistics, LTD.
| Navigators Management Company, Inc. |
| Rim Logistics Ltd. |
| 1:2022cv05241 |
| June 22, 2022 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Marine |
| 46 U.S.C. § 741 Shipping (DISCONTINUED AFTER 1/27/2014) |
| Both |
Docket Report
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| Filing 22 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:21-cv-06406. 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) |
| 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) |
| 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) |
| Filing 21 TRANSFERRED to the Southern District of New York the electronic record. (cxr, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 20 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Southern District of New York (cxr, ) [Transferred from Illinois Northern on 6/22/2022.] |
| ***Civil Case Terminated pursuant to MDL 3028 Conditional Transfer Order filed 6/1/2022. (cxr, ) [Transferred from Illinois Northern on 6/22/2022.] |
Filing 19
ORDER: Notice of Hearing Session. Signed by the Panel on Multidistrict Litigation Unassigned on 4/14/2022.(gcy, ) [Transferred from Illinois Northern on 6/22/2022.]
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| Filing 18 Corporate Disclosure by R.I.M. Logistics, LTD. (O'Donnell, John) [Transferred from Illinois Northern on 6/22/2022.] |
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Filing 17
SCHEDULING ORDER UNDER RULE 16(b) by the Honorable John F. Kness on 2/24/2022. Mailed notice(ef, ) [Transferred from Illinois Northern on 6/22/2022.]
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| Filing 16 MINUTE entry before the Honorable John F. Kness: Status Hearing set for 6/28/2022 at 09:50 AM. Parties are directed to use the same call-in information #3 . Mailed notice (ef, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 15 ANSWER to amended complaint R.I.M. LOGISTICS, LTD.'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S FIRST AMENDED COMPLAINT by R.I.M. Logistics, LTD.(O'Donnell, John) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 14 MINUTE entry before the Honorable John F. Kness: Before the Court is the Joint Initial Status Report #13 submitted by the parties. Upon review of the Report and the schedule recommended by the parties, the Court finds the schedule to be reasonable and thus adopts the parties' recommendations. Within 14 days, the parties must submit a proposed scheduling order (the required Word template is available on the Court's homepage) by email to proposed_order_kness@ilnd.uscourts.gov. The parties are cautioned that the fact discovery cutoff date is a governing deadline and that no extensions of this deadline will be granted absent a showing of good cause. See Fed. R. Civ. P. 16(b)(4). Also, Defendant currently has a motion to dismiss #4 Counts Two and Three of Plaintiff's original complaint. Because Plaintiff has timely filed its First Amended Complaint #12 withdrawing Counts Two and Three, Defendant's motion #4 is dismissed as moot. Defendant must respond to the amended complaint on or before 2/15/2022. The initial status hearing set for 02/08/2022 is stricken and will be reset, as needed, by separate order. Mailed notice (ef, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 13 STATUS Report Joint Initial Status Report by R.I.M. Logistics, LTD. (Kanavy, Kevin) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 12 AMENDED complaint by Navigators Management Company, Inc. against R.I.M. Logistics, LTD. (Attachments: #1 Exhibit, #2 Exhibit)(Horvath, John) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 11 MINUTE entry before the Honorable John F. Kness: Before the Court is the motion to dismiss #4 of Defendant R.I.M. Logistics, LTD. As is reflected in the Court's standing order on motions to dismiss, the parties are advised that, when a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Consistent with the purpose of the Federal Rules of Civil Procedure "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, Plaintiff is directed to review Defendant's motion to dismiss and to consider exercising, as appropriate, Plaintiff's right to amend under Rule 15(a)(1)(B). If Plaintiff elects to amend its pleading in response to the motion to dismiss, then Defendant (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss. If Plaintiff elects not to amend but instead chooses to litigate the motion to dismiss, Plaintiff (unless ordered otherwise) must file its response within 28 days of the filing of the motion, and Defendant must file its reply within 14 days of the filing of the response. In its response, Plaintiff must also address whether any alleged deficiencies identified by the motion to dismiss are curable by amendment. Mailed notice (ef, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 10 ATTORNEY Appearance for Defendant R.I.M. Logistics, LTD. by Kevin Leonard Kanavy (Kanavy, Kevin) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 9 ATTORNEY Appearance for Defendant R.I.M. Logistics, LTD. by Adam Harold McCabe (McCabe, Adam) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 8 ATTORNEY Appearance for Defendant R.I.M. Logistics, LTD. by John Andrew O'Donnell (O'Donnell, John) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 7 ANSWER to Complaint R.I.M. LOGISTICS, LTD.'S ANSWER AND AFFIRMATIVE DEFENES TO PLAINTIFF'S COMPLAINT AT LAW by R.I.M. Logistics, LTD.(O'Donnell, John) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 6 SUMMONS Returned Executed by Navigators Management Company, Inc. as to R.I.M. Logistics, LTD. on 12/21/2021, answer due 1/11/2022. (Horvath, John) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 5 MEMORANDUM by R.I.M. Logistics, LTD. R.I.M. LOGISTICS, LTD.'S MEMORANDUM IN SUPPORT OF ITS MOTION TO DISMISS COUNTS TWO AND THREE OF PLAINTIFF'S COMPLAINT AT (O'Donnell, John) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant R.I.M. Logistics, LTD. R.I.M. LOGISTICS, LTD.'S MOTION TO DISMISS COUNTS TWO AND THREE OF PLAINTIFF'S COMPLAINT AT LAW (O'Donnell, John) [Transferred from Illinois Northern on 6/22/2022.] |
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Filing 3
ORDER signed by the Honorable John F. Kness on 12/7/2021: Telephonic initial status hearing is set for 2/8/2022 at 10:00 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than seven days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, ) [Transferred from Illinois Northern on 6/22/2022.]
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| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (cxr, ) [Transferred from Illinois Northern on 6/22/2022.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cxr, ) [Transferred from Illinois Northern on 6/22/2022.] |
| SUMMONS Issued as to Defendant R.I.M. Logistics, LTD. (cxr, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 2 CIVIL Cover Sheet (Horvath, John) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 1 COMPLAINT filed by Navigators Management Company, Inc., in its individual capacity and on behalf of Navigators Insurance Company a/s/o VC Brands LLC; Jury Demand. Filing fee $ 402, receipt number 0752-18920663. (Attachments: #1 Exhibit, #2 Exhibit)(Horvath, John) [Transferred from Illinois Northern on 6/22/2022.] |
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| Plaintiff: Navigators Management Company, Inc. | |
| Represented By: | John Francis Horvath |
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| Defendant: Rim Logistics Ltd. | |
| Represented By: | John Andrew O'Donnell |
| Represented By: | Adam Harold McCabe |
| Represented By: | Kevin Leonard Kanavy |
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