Federal Insurance Company v. AIT Worldwide Logistics, Inc.
| Federal Insurance Company |
| Ait Worldwide Logistics Inc. |
| 1:2022cv05245 |
| June 22, 2022 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| 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 31 LETTER MOTION to Consolidate Cases 1:22-cv-4609 - that 1:22-cv-4609 be Consolidated as a Member Case on MDL Docket 1:22-md-3028 addressed to Judge Paul A. Engelmayer from Lauren B. Wilgus dated 11/8/22. Document filed by China Int'l Freight Co., Ltd..Filed In Associated Cases: 1:22-md-03028-PAE et al..(Wilgus, Lauren) |
| Filing 30 LETTER addressed to Judge Paul A. Engelmayer from Kevin J.B. O'Malley dated July 25, 2022 re: cargo Plaintiffs' position on the direct filing of cases. Document filed by Starr Indemnity & Liability Company.Filed In Associated Cases: 1:22-md-03028-PAE et al..(O'Malley, Kevin) |
| Filing 29 LETTER addressed to Judge Paul A. Engelmayer from Kevin J.B. O'Malley dated July 25, 2022 re: cargo Plaintiffs' position on the appointment of lead and liaison counsel, and of committees. Document filed by Starr Indemnity & Liability Company.Filed In Associated Cases: 1:22-md-03028-PAE et al..(O'Malley, Kevin) |
Filing 28
ORDER NO.2 in case 1:21-cv-07994-PAE-BCM; granting (15) Letter Motion for Conference re: (15 in 1:22-md-03028-PAE) LETTER MOTION for Conference To Appoint Third Party Temporary Counsel addressed to Judge Paul A. Engelmayer from Thomas L. Tisdale dated 07/19/2022 in case 1:22-md-03028-PAE. First, they ask that the nomenclature used for their temporary posts be revised to reflect the interests that they represent, such that they would be referred to, respectively, as "Temporary Cargo Counsel" and "Temporary NVOCC Counsel." The Court adopts the sensible proposal and expects that counsels' forthcoming submissions as to the longer-term organization of this multidistrict litigation will similarly propose titles and nomenclature customized to the particular nature and posture of this litigation. Second, counsel propose that a third temporary lead counsel be appointed, with the title, "Temporary Vessel Counsel," and that Timothy Semenero. Esq., of Montgomery McCracken, Walker & Rhoads LLP to serve in that role. The Court also adopts this sensible proposal. The Court directs Mr. Semenero to file a notice of appearance forthwith. The Court expects that Mr. Semenero's submissions in this matter will be submitted on the same timetable as those which the Court's order at Dkt. 3 set for "Temporary Plaintiffs Counsel." SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/22/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (jca)
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Filing 27
ORDER NO. 1: The provisions of this Order shall govern the practice and procedure in those actions: (1) transferred to this Court by the JPML pursuant to its June 1, 2022 Order; (2) all related actions that are filed in the Southern District of New York and have been or will be transferred to MDL-3028 involving allegations of lost or damaged cargo following the November 30, 2020 severe weather incident experienced by the ultra large container vessel ONE Apus; and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will docket a copy of this Order on the docket of any case newly filed or transferred to this Court. The civil actions listed on Schedule A are consolidated for pretrial purposes. Any "tag-along" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure. All orders, pleadings, motions, and other documents served or filed in 22-md-3028 shall bear the following caption: and further set forth in this Order. The Court will conduct an Initial Conference on September 8, 2022, at 2 p.m., in Courtroom 318 at the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Please note that this is not Judge Engelmayer's regular courtroom.) Counsel shall check in with the Courtroom Deputy at least 15 minutes in advance. Counsel should arrive at the Courthouse with sufficient time to go through security. Seats in the courtroom may not be reserved. Solely to facilitate the Court's consideration of those issues (and those identified below), and to facilitate written submissions to the Court in advance of the initial pretrial conference, the Court hereby designates the following as temporary lead and liaison counsel for Plaintiffs ("Temporary Plaintiffs' Counsel") and Defendants ("Temporary Defendants' Counsel"): Plaintiffs: Kevin John Byron O'Malley, NICOLETTI HORNIG & SWEENEY and Defendants: Thomas Leonard Tisdale, TISDALE & NAST LAW OFFICES, LLC. Matters addressed in this order may be reconsidered, upon the motion of any party or on this Court's own motion. (Initial Conference set for 9/8/2022 at 02:00 PM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/30/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (rro)
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| Filing 26 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:21-cv-06383. Original file certified copy of transfer order and docket entries received. |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03028-PAE. (laq) |
| CONSOLIDATED MDL CASE: 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) |
| 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 Designated ECF. (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) |
| Filing 25 TRANSFERRED to the Southern District of New York the electronic record. (jh, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 24 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to The Southern District of New York. Mailed notice(jh, ) [Transferred from Illinois Northern on 6/22/2022.] |
| ***Civil Case Terminated. (jh, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 23 MINUTE entry before the Honorable Martha M. Pacold: The parties shall file a joint status report by 7/1/2022 addressing the status of proceedings before the Panel on Multidistrict Litigation, if the Panel has not already issued a decision. (rao, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 22 STATUS Report Joint Status Report by AIT Worldwide Logistics, Inc. (Jordan, Kenderick) [Transferred from Illinois Northern on 6/22/2022.] |
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Filing 21
ORDER : Notice of Hearing Session. Signed by the Panel on Multidistrict Litigation on 4/14/2022.(gcy, ) [Transferred from Illinois Northern on 6/22/2022.]
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| Filing 20 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to defendant's motion to stay #19 indicates that plaintiff consents to the motion. Accordingly, the motion to stay #16 is granted as unopposed. The case is hereby stayed until the Judicial Panel on Multidistrict Litigation issues its decision. The parties are directed to notify the court within a week once the Panel issues its decision. The parties shall file a joint status report by 5/24/2022 addressing the progress of proceedings before the Panel, if the Panel has not already issued a decision. (rao, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 19 RESPONSE by Federal Insurance Company to MOTION by Defendant AIT Worldwide Logistics, Inc. to stay Proceedings Pending Action by the Judicial Panel on Multidistrict Litigation #16 (O'Connor, Brian) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 18 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to defendant's motion to stay #16 is due by 3/4/2022. Any reply be defendant is due by 3/11/2022. (rao, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 17 MEMORANDUM by AIT Worldwide Logistics, Inc. in support of motion to stay #16 Proceedings Pending Action by the Judicial Panel on Multidistrict Litigation (Jordan, Kenderick) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 16 MOTION by Defendant AIT Worldwide Logistics, Inc. to stay Proceedings Pending Action by the Judicial Panel on Multidistrict Litigation (Jordan, Kenderick) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 15 NOTICE by AIT Worldwide Logistics, Inc. AIT WORDWIDE LOGISTICS, INC.'S NOTICE OF FILING OF MULTIDISTRICT LITIGATION MOTION TO TRANSFER (Attachments: #1 Exhibit exhibit A)(Jordan, Kenderick) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 14 NOTICE by AIT Worldwide Logistics, Inc. AIT WORDWIDE LOGISTICS, INC.'S NOTICE OF FILING OF MULTIDISTRICT LITIGATION MOTION TO TRANSFER (Attachments: #1 Exhibit exhibit 1, #2 Exhibit exhibit 2, #3 Exhibit exhibit 3)(Jordan, Kenderick) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 13 STATUS Report (JOINT INITIAL) by Federal Insurance Company (O'Connor, Brian) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 12 ATTORNEY Appearance for Defendant AIT Worldwide Logistics, Inc. by Robert Lee Reeb (Reeb, Robert) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 11 AIT WORLDWIDE LOGISTICS, INC.'S DISCLOSURE OF INTERESTED PARTIES PURUSANT TO FED. R. CIV. P. 7.1 AND LOCAL RULE 3.2 Defendant, by AIT Worldwide Logistics, Inc. (Jordan, Kenderick) [Transferred from Illinois Northern on 6/22/2022.] |
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Filing 10
ORDER: The Clerk of Court is directed to correct Plaintiff 's counsel, Paul J. Kozacky 's appearance on the docket so that he receives notification of all entries. Signed by the Honorable Martha M. Pacold on 1/20/2022. Mailed notice (nsf, ) [Transferred from Illinois Northern on 6/22/2022.]
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| Filing 9 ANSWER to Complaint by AIT Worldwide Logistics, Inc. (Attachments: #1 Exhibit exhibit 1)(Jordan, Kenderick) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 8 SUMMONS Returned Executed by Federal Insurance Company as to AIT Worldwide Logistics, Inc. on 11/30/2021, answer due 12/21/2021. (O'Connor, Brian) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 7 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 2/1/2022. (Attachments: #1 Initial Status Report outline) (rao, ) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 6 ATTORNEY Appearance for Plaintiff Federal Insurance Company by Paul J. Kozacky (Kozacky, Paul) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 5 ATTORNEY Appearance for Plaintiff Federal Insurance Company by Caitlin Johanna Brown (Brown, Caitlin) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Federal Insurance Company (O'Connor, Brian) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Federal Insurance Company by Brian P. O'Connor (O'Connor, Brian) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 2 CIVIL Cover Sheet (O'Connor, Brian) [Transferred from Illinois Northern on 6/22/2022.] |
| Filing 1 COMPLAINT filed by Federal Insurance Company; Filing fee $ 402, receipt number 0752-18917351. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(O'Connor, Brian) [Transferred from Illinois Northern on 6/22/2022.] |
| SUMMONS Issued as to Defendant AIT Worldwide Logistics, Inc. (dxb, ) [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.] |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (cxr, ) [Transferred from Illinois Northern on 6/22/2022.] |
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