Atlantic Specialty Insurance Company et al v. Apex Logistics International Inc. et al
| Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company and Taian Insurance Co. Ltd. |
| Apex Logistics International Inc., UPS Asia Group Pte. Ltd., Topocean Consolidation Service (Los Angeles) Inc., Tianshi Logistics Co., Ltd, Trans Knights Inc. and Does One through Ten |
| Yang Ming Marine Transport Corporation, Yang Ming (America) Corporation, Ocean Network Express Pte., Ltd. ONE, Ocean Network Express (North America), Inc., Roes 1-10, Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG and Ocean Network Express Pte. Ltd. |
| 1:2022cv05277 |
| 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 91 NOTICE OF APPEARANCE by Marlo J. Hittman on behalf of Shipco Transport, Shipco Transport Inc, Shipco Transport Inc., Shipco Transport Inc., Shipco Transport, Inc.. Filed In Associated Cases: 1:22-md-03028-PAE et al..(Hittman, Marlo) |
| Filing 90 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hmm Co. LTD..Filed In Associated Cases: 1:22-md-03028-PAE et al..(Giffin, John) |
Filing 89
ORDER NO. 4: It was agreed at the initial court conference that it was in the best interest of the parties to continue settlement discussions. In order to accomplish this, the status quo must be maintained in terms of discovery, motions, and claims currently on extensions of time for suit or arbitration. Accordingly, the Court defers entering a Case Management Plan and Scheduling Order until after March 31, 2023. Upon request of counsel, the Vessel Interests will grant the Cargo Interests and the NVOCC Interests, in regard to claims that are currently on time extensions, further extensions of time to file suit or to commence arbitration up to and including August 31, 2023 on the same terms, conditions, and reservations as set forth in the prior extensions. Upon request of counsel, the NVOCC Interests will grant the Cargo Interests, in regard to claims that are currently on time extensions, further extensions of time to file suit or to commence arbitration up to and including August 31, 2023 on the same terms, conditions, and reservations as set forth in the prior extensions. No formal discovery shall be undertaken before March 31, 2023, but the parties may voluntarily exchange documents in the context of settlement discussions. No motions to dismiss or for summary judgment shall be filed before March 31, 2023. The Cargo, NVOCC, and Vessel Interests will jointly report by letter to the Court on their progress on January 16, 2023; February 15, 2023; and March 15, 2023. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/22/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (ks)
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| Filing 88 NOTICE OF APPEARANCE by Keith Wayne Heard on behalf of Global Ocean Agency Lines, Meadows WYE Container Groupage. Filed In Associated Cases: 1:22-md-03028-PAE et al..(Heard, Keith) |
| Filing 87 NOTICE OF APPEARANCE by Deniz Perkowski on behalf of Rohlig USA LLC, Apex Logistics International Inc., Apex Maritime Co., Inc., APEX Martime Co., Inc., Apex Maritime Co. (Lax) Inc., Apex Maritime Co. (ORD) Inc., MOL Consolidation Service Ltd, MOL Worldwide Logistics, Limited, APEX Martime Co., Inc., Apex Maritime Co. (LAX) Inc, Apex Maritime Co. (ORD) Inc., Apex Maritime Co. (Lax) Inc., Starlink Freight System (SFO) Inc.. Filed In Associated Cases: 1:22-md-03028-PAE et al..(Perkowski, Deniz) |
| Filing 86 NOTICE OF APPEARANCE by John Tanner Honea on behalf of HAPAG-LLOYD AKTIENGESELLCHAFT. Filed In Associated Cases: 1:22-md-03028-PAE et al..(Honea, John) |
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Filing 85
ORDER granting (230 in case 1:22-md-03028-PAE) Letter Motion for Extension of Time. Granted. SO ORDERED. ( Service due by 12/12/2022.) (Signed by Judge Paul A. Engelmayer on 12/7/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (vfr)
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Filing 84
ORDER granting in part and denying in part (196) Letter Motion for Oral Argument; granting in part and denying in part (207) Letter Motion for Oral Argument in case 1:22-md-03028-PAE. Accordingly, any counsel who intends to be heard, or who reserves the opportunity to be heard at the conference must appear in person. Recognizing the costs and inconvenience that travel may present for some counsel, the Court will, however, permit counsel who do not seek to speak at the conference to audit the conference telephonically. It is essential that every distinct interest in this case be represent by a counsel attending in person. The Court therefore expects that, at a minimum, each relevant group of interests (e.g., Cargo Counsel; NVOCC; Vessel) be represented in person at the conference, and that any party that chooses not to send a counsel in person have delegated authority to speak at the conference to a counsel attending in person. To assure clarity as to which counsel will be attending, and as to the delegated authority that each counsel will have, the Court directs counsel for each group of interests to file on the docket of this case a letter, due December 12, 2022, identifying all counsel who will attend, and the party or parties on behalf of which each will have authority to speak. To the extent that counsel wish the Court make a record of those counsel who will be auditing the conference telephonically, the above letters should set out the names of such counsel. To the extent that counsel, parties, or the public wish to audit the conference, they should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, as further set forth herein. Counsel should arrive by 2 p.m. on December 15, 2022, and be prepared for the conference to begin at 2:30 p.m. The Clerk of the Court is respectfully ordered to terminate the motions pending at dockets 196 and 207. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/30/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (vfr)
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| Filing 83 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 82 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 81 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) |
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Filing 80
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 79 ANSWER to #55 Third Party Complaint,. Document filed by Ocean Network Express Pte. Ltd...(Donatelli, Randolph) |
| Filing 78 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ocean Network Express Holdings, Ltd., Other Affiliate Nippon Yusen Kaisha, Other Affiliate Kawasaki Kisen Kaisha Ltd., Other Affiliate Mitsui O.S.K. Lines Ltd. for Ocean Network Express Pte. Ltd.. Document filed by Ocean Network Express Pte. Ltd...(Donatelli, Randolph) |
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Filing 77
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 76 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:21-cv-08974. 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) |
| 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) |
| Filing 75 Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 3028, transferring case to USDC, Southern District of New York and assigned to Honorable Paul A. Engelmayer. Case transferred electronically. (MD JS-6. Case Terminated.) (gk) [Transferred from California Central on 6/22/2022.] |
| Filing 74 JOINT REPORT of RE TRANSFER PURSUANT TO ORDER IN MDL 3028 AND REQUEST TO VACATE FUTURE DATES filed by Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. (Attachments: #1 Exhibit A)(Southwick, Joshua) [Transferred from California Central on 6/22/2022.] |
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Filing 73
MINUTE ORDER STAYING CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: Having reviewed the joint status report on the pending multidistrict litigation (MDL) motion to transfer #71 , the Court STAYS the case management order for an additional 60 days, up to and including 7/30/2022. The parties are to provide a joint status report on 7/21/2022, or within seven days of a ruling on the pending MDL motion to transfer, whichever is sooner. Court Reporter: N/A. (gk) [Transferred from California Central on 6/22/2022.]
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Filing 72
ORDER EXTENDING THE TIME TO SERVE THIRD PARTY DEFENDANTS by Judge Stanley Blumenfeld, Jr.: The Court ORDERS Defendant and Third-Party Plaintiff Trans Knights, Inc.'s Ex Parte Application #70 is GRANTED. Service on the Third-Party Defendants Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG and Ocean Network Express shall be effected within 30 days of the Judicial Panel on Multi-District Litigations resolution of the pending motion to transfer. (gk) [Transferred from California Central on 6/22/2022.]
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| Filing 71 FURTHER JOINT REPORT filed by Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. (Southwick, Joshua) [Transferred from California Central on 6/22/2022.] |
| Filing 70 EX PARTE APPLICATION for Order for Extending Time to Serve Third Party Defendants filed by Third Party Plaintiff Trans Knights Inc. (Attachments: #1 Memorandum in Support of Application, #2 Proposed Order) (Buda, John) [Transferred from California Central on 6/22/2022.] |
| Filing 69 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Tianshi Logistics Co., Ltd. (gk) [Transferred from California Central on 6/22/2022.] |
| Filing 68 REQUEST for Clerk to Enter Default against Defendant Tianshi Logistics Co., Ltd filed by Plaintiff Federal Insurance Company, Atlantic Specialty Insurance Company, Indemnity Insurance Company of North America, Taian Insurance Co. Ltd.. (Attachments: #1 Declaration, #2 Proposed Order) (Southwick, Joshua) [Transferred from California Central on 6/22/2022.] |
| Filing 67 PROOF OF SERVICE Executed by Plaintiff Federal Insurance Company, Atlantic Specialty Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd., upon Defendant Service of the Summons and Complaint were executed upon Tianshi Logistics Co., Ltd. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Southwick, Joshua) [Transferred from California Central on 6/22/2022.] |
| Filing 66 NOTICE OF DEFICIENCY Re: Request to Enter Default Against Defendant Tianshi Logistics Co., Ltd #65 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. The Proof of Service does not indicate the statute under which service was made. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) [Transferred from California Central on 6/22/2022.] |
| Filing 65 REQUEST for Clerk to Enter Default against Defendant Tianshi Logistics Co., Ltd filed by Plaintiff Federal Insurance Company, Atlantic Specialty Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. (Attachments: #1 Declaration, #2 Proposed Order) (Southwick, Joshua) [Transferred from California Central on 6/22/2022.] |
| Filing 64 PROOF OF SERVICE Executed by Plaintiff Federal Insurance Company, Atlantic Specialty Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd., upon Defendant Tianshi Logistics Co., Ltd served on 2/1/2022, answer due 2/22/2022. Service of the Summons and Complaint were executed upon Quartz Logistics Inc., Agent for Service by serving James Dwang - Manager & Authorized to Accept in compliance with statute not specified by personal service.Original Summons NOT returned. (Southwick, Joshua) [Transferred from California Central on 6/22/2022.] |
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Filing 63
MINUTE ORDER STAYING CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: Having reviewed the joint status report on the pending multidistrict litigation (MDL) motion to transfer #62 , the Court STAYS the case management order for an additional 90 days, up to and including 6/9/2022. The parties are to provide a joint status report on 5/31/2022, or within seven days of a ruling on the pending multidistrict litigation (MDL) motion to transfer, whichever is sooner. Court Reporter: N/A. (gk) [Transferred from California Central on 6/22/2022.]
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| Filing 62 FURTHER JOINT REPORT filed by Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 61 Notice of Appearance or Withdrawal of Counsel: for attorney Alisa Manasantivongs counsel for Defendant Apex Logistics International Inc.. Adding Alisa Manasantivongs as counsel of record for Apex Logistics International, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Apex Logistics International, Inc.. (Attorney Alisa Manasantivongs added to party Apex Logistics International Inc.(pty:dft))(Manasantivongs, Alisa) [Transferred from California Central on 6/22/2022.] |
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Filing 60
ORDER by Judge Stanley Blumenfeld, Jr. Granting Non-Resident Attorney Owen F. Duffy to Appear Pro Hac Vice on behalf of Defendant Trans Knights, Inc., designating John B. Buda as local counsel #46 , #50 . (gk) [Transferred from California Central on 6/22/2022.]
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Filing 59
ORDER RE MOTIONS FOR SUMMARY JUDGMENT by Judge Stanley Blumenfeld, Jr. (jgr) [Transferred from California Central on 6/22/2022.]
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Filing 58
PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (jgr) [Transferred from California Central on 6/22/2022.]
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| Filing 57 NOTICE OF MULTIDISTRICT LITIGATION filed by Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Southwick, Joshua) [Transferred from California Central on 6/22/2022.] |
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Filing 56
MINUTES (IN CHAMBERS) CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The DOE defendants remaining after 5/13/2022 are dismissed by operation of this Order and without further notice. At the mandatory scheduling conference (MSC), the parties noted that they would soon be filing a motion to transfer, pursuant to 28 U.S.C. Section 1407, before the judicial panel on multidistrict litigation. To provide the parties some time to pursue the transfer, this Case Management Order (CMO) is stayed for 30 days and will become operative on 3/11/2022. The parties are to provide a joint status report on 3/11/2022. The Court has reviewed the Joint Rule 26(f) report #36 and sets the pretrial and trial dates noted in this order based on an evaluation of the complexity of the case. Bench Trial set for 3/6/2023 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference and Hearing on Motions in Limine set for 2/17/2023 10:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 5/13/2022. Non-Expert Discovery cut-off 10/14/2022. Discovery Motion Hearing Deadline 11/14/2022. Non-Discovery Motion Hearing Deadline 11/25/2022. Settlement Conference Deadline 12/9/2022. Post-Settlement Status Conference set for 12/23/2022 08:30 AM before Judge Stanley Blumenfeld Jr. Status Report due by 12/16/2022. Trial Filings (First Set) Deadline 1/20/2023. Trial Filings (Second Set) Deadline 2/3/2023. See document for further details. Court Reporter: N/A. (gk) [Transferred from California Central on 6/22/2022.]
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| Filing 55 THIRD PARTY COMPLAINT against Third Party Defendants Hapag-Lloyd Aktiengesellschaft a/k/a Hapag-Lloyd AG, Ocean Network Express Pte. Ltd., filed by Defendant Trans Knights, Inc. Trans Knights Inc.(Buda, John) [Transferred from California Central on 6/22/2022.] |
| Filing 54 REPORT of Joint Report of Related Cases filed by Defendant Apex Logistics International Inc.. (Cruz, Danielle) [Transferred from California Central on 6/22/2022.] |
| Filing 53 MINUTES OF Mandatory Scheduling Conference held before Judge Stanley Blumenfeld, Jr.: The Court and counsel confer regarding pending related matters in this district and others across the country. By no later than close of business on 1/31/2022, the parties shall meet and confer and jointly file a report that reflects their collective knowledge of the pending related cases, including case names, numbers, and locations. Court Reporter: Judy Moore. (gk) [Transferred from California Central on 6/22/2022.] |
| Filing 52 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Amended APPLICATION of Non-Resident Attorney Owen F. Duffy to Appear Pro Hac Vice on behalf of Defendant Trans Knights Inc (Pro Hac Vice Fee - $500.00 Previously Paid on 1/27/2033, Receipt No. ACACDC-32693114) #50 . The following error(s) was/were found: Hearing date set, but no hearing required. Local Rule 83-2.1.3.3(b) Proposed order not attached. No zip code on application. Local counsel failed to sign the application. Staff or someone other than attorney signed. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). (lt) [Transferred from California Central on 6/22/2022.] |
| Filing 51 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Owen F. Duffy to Appear Pro Hac Vice on behalf of Defendant Trans Knights Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32693114) #46 . The following error(s) was/were found: No zip code on application. Local counsel failed to sign the application. Staff or someone other than attorney signed. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). A declaration is required regarding unavailability to provide GSC due to COVID-19. See Court's website on Coronavirus (COVID-19) Guidance. Proposed order not flattened. (lt) [Transferred from California Central on 6/22/2022.] |
| Filing 50 Amended APPLICATION of Non-Resident Attorney Owen F. Duffy to Appear Pro Hac Vice on behalf of Defendant Trans Knights Inc (Pro Hac Vice Fee - $500.00 Previously Paid on 1/27/2033, Receipt No. ACACDC-32693114) filed by Defendant Trans Knights, Inc. Trans Knights Inc. Application set for hearing on 1/28/2002 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Appendix Certificate of Good Standing) (Buda, John) [Transferred from California Central on 6/22/2022.] |
| Filing 49 FIRST AMENDED THIRD-PARTY COMPLAINT against Third-Party Defendants Ocean Network Express (North America) Inc., Ocean Network Express Pte. Ltd. (ONE), Yang Ming (America) Corporation, Yang Ming Marine Transport Corporation amending Third Party Complaint, #42 , filed by Defendant and Third-Party Plaintiff UPS Asia Group Pte. Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 48 THIRD PARTY COMPLAINT against Third-Party Defendants Ocean Network Express (North America) Inc., Ocean Network Express Pte. Ltd. (ONE), Roes 1-10, filed by Defendant and Third-Party Plaintiff Topocean Consolidation Service (Los Angeles) Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 47 REQUEST to Appear at Case Managment Conference Remotely filed by Defendant Trans Knights, Inc. Trans Knights Inc. Request set for hearing on 1/28/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration in Suppor of Requst, #2 Proposed Order) (Buda, John) [Transferred from California Central on 6/22/2022.] |
| Filing 46 APPLICATION of Non-Resident Attorney Owen F. Duffy to Appear Pro Hac Vice on behalf of Defendant Trans Knights Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32693114) filed by Defendant Trans Knights, Inc. Trans Knights Inc. (Attachments: #1 Proposed Order) (Buda, John) [Transferred from California Central on 6/22/2022.] |
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Filing 45
ORDER GRANTING REQUESTS TO APPEAR AT CASE MANAGEMENT CONFERENCE TELEPHONICALLY OR OTHER REMOTE MEANS by Judge Stanley Blumenfeld, Jr.: The Court grants the Requests of Plaintiffs #43 and Defendant Apex Logistics Co., Ltd. to appear remotely #44 . Counsel is reminded to login to the Zoom meeting no later than fifteen minutes before the start of the hearing. Information on the Zoom meeting for the hearing can be found on the Courts website. There will be no telephonic appearances. (gk) [Transferred from California Central on 6/22/2022.]
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| Filing 44 REQUEST for Leave of Danielle A. Cruz to Appear for Mandatory Scheduling Conference telephonically or other remote means filed by Defendant Apex Logistics International Inc.. Request set for hearing on 1/28/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration Danielle A. Cruz, #2 Proposed Order Granting Request to Appear Remotely Remotely) (Cruz, Danielle) [Transferred from California Central on 6/22/2022.] |
| Filing 43 REQUEST for Leave of Michael J. Cummins to Appear for Case Management Conference telephonically or other remote means filed by Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. (Attachments: #1 Declaration of Michael J. Cummins in Support of Request to Appear at Case Management Conference Telephonically or other Remote Means, #2 Proposed Order Granting Request to Appear at Case Management Conference Telephonically or other Remote Means) (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 42 THIRD PARTY COMPLAINT against Third-Party Defendants Yang Ming Marine Transport Corporation, Yang Ming (America) Corporation, Ocean Network Express Pte. Ltd. (ONE), Ocean Network Express (North America) Inc., Roes 1-10, filed by Defendant and Third-Party Plaintiff UPS Asia Group Pte. Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #38 . The following error(s) was/were found: Notice of Appearance or Withdrawal of Counsel G123 incomplete - Section II options not selected. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) [Transferred from California Central on 6/22/2022.] |
| Filing 40 ANSWER to Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Trans Knights, Inc. Trans Knights Inc.(Buda, John) [Transferred from California Central on 6/22/2022.] |
| Filing 39 NOTICE of Interested Parties filed by Defendant Trans Knights, Inc. Trans Knights Inc, identifying None. (Buda, John) [Transferred from California Central on 6/22/2022.] |
| Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney John B Buda counsel for Defendant Trans Knights Inc. Adding John B. Buda as counsel of record for Trans Knights, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Trans Knights, Inc.. (Buda, John) [Transferred from California Central on 6/22/2022.] |
| Filing 37 OPPOSITION filed by Defendant Trans Knights Inc. (Attachments: #1 Supplement Notice of Appearance of Counsel, #2 Supplement Notice of Interested Parties and FRCP 7.1 Disclosure)(Buda, John) [Transferred from California Central on 6/22/2022.] |
| Filing 36 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd... (Southwick, Joshua) [Transferred from California Central on 6/22/2022.] |
| Filing 35 NOTICE of Related Case(s) filed by Defendant Topocean Consolidation Service (Los Angeles) Inc.. Related Case(s): 2:21-cv-8784, 2:21-cv-9159 (Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 34 ANSWER to Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Topocean Consolidation Service (Los Angeles) Inc..(Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 33 NOTICE of Related Case(s) filed by Defendant UPS Asia Group Pte. Ltd.. Related Case(s): 2:21-cv-8784, 2:21-cv-09083 (Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 32 ANSWER to Complaint (Attorney Civil Case Opening),, #1 filed by Defendant UPS Asia Group Pte. Ltd..(Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 31 NOTICE of Related Case(s) filed by Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. Related Case(s): 2:21-cv-08974 SB (SKx); 2:21-cv-9159 MCS (PDx); 2:21-cv-08985 SB (PDx); 2:21-cv-09007 MCS (PDx); 2:21-cv-09083 MWF (MRWx); 2:21-cv-09400 RSWL (MARx); 2:21-cv-09605 FLA (JPRx); 2:21-cv-08784-RSWL-MAR; 2:21-cv-82000-CJC-AS; 2:21-cv-10016-FLA-GJS (Southwick, Joshua)[Transferred from California Central on 6/22/2022.] |
| Filing 30 First STIPULATION Extending Time to Answer the complaint as to Trans Knights Inc answer now due 1/20/2022, filed by Defendant Trans Knights Inc.(Attorney John B Buda added to party Trans Knights Inc(pty:dft))(Buda, John) [Transferred from California Central on 6/22/2022.] |
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Filing 29
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets a Scheduling Conference for 1/28/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. The parties shall file a joint Rule 26 Meeting Report due by 1/18/2022. (vcr) [Transferred from California Central on 6/22/2022.]
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| Filing 28 NOTICE of Related Case(s) filed by Defendant Apex Logistics International Inc.. Related Case(s): 2:21-cv-8784-RSWL-MAR (Cruz, Danielle) [Transferred from California Central on 6/22/2022.] |
| Filing 27 CERTIFICATE of Interested Parties filed by Defendant Apex Logistics International Inc., (Cruz, Danielle) [Transferred from California Central on 6/22/2022.] |
| Filing 26 ANSWER to Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Apex Logistics International Inc..(Attorney Danielle Cruz added to party Apex Logistics International Inc.(pty:dft))(Cruz, Danielle) [Transferred from California Central on 6/22/2022.] |
| Filing 25 CERTIFICATION and NOTICE of Interested Parties filed by Defendant Topocean Consolidation Service (Los Angeles) Inc., identifying New York Marine & General Insurance Company, ProSight Specialty Insurance, and Avalon Risk Management. (Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 24 STIPULATION Extending Time to Answer the complaint as to Topocean Consolidation Service (Los Angeles) Inc. answer now due 1/13/2022, re Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Topocean Consolidation Service (Los Angeles) Inc..(Attorney Mark P. Estrella added to party Topocean Consolidation Service (Los Angeles) Inc.(pty:dft))(Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 23 CERTIFICATION and NOTICE of Interested Parties filed by Defendant UPS Asia Group Pte. Ltd., identifying United Parcel Service, Inc. and UPINSCO. (Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 22 STIPULATION Extending Time to Answer the complaint as to UPS Asia Group Pte. Ltd. answer now due 1/8/2022, re Complaint (Attorney Civil Case Opening),, #1 filed by Defendant UPS Asia Group Pte. Ltd..(Attorney Mark P. Estrella added to party UPS Asia Group Pte. Ltd.(pty:dft))(Estrella, Mark) [Transferred from California Central on 6/22/2022.] |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Indemnity Insurance Company of North America, Federal Insurance Company, Atlantic Specialty Insurance Company, Intact Insurance Company, Taian Insurance Co. Ltd., upon Defendant Trans Knights Inc served on 11/30/2021, answer due 12/21/2021. Service of the Summons and Complaint were executed upon Katie Wu, Manager - Authorized to Accept in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Indemnity Insurance Company of North America, Federal Insurance Company, Atlantic Specialty Insurance Company, Intact Insurance Company, Taian Insurance Co. Ltd., upon Defendant Tianshi Logistics Co., Ltd served on 11/17/2021, answer due 12/8/2021. Service of the Summons and Complaint were executed upon Agent for Service in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Indemnity Insurance Company of North America, Federal Insurance Company, Atlantic Specialty Insurance Company, Intact Insurance Company, Taian Insurance Co. Ltd., upon Defendant Topocean Consolidation Service (Los Angeles) Inc. served on 11/23/2021, answer due 12/14/2021. Service of the Summons and Complaint were executed upon Jacob 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. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
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Filing 18
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Cormac J. Carney, for the reasons set forth on this order. Related Case No. 2:21-cv-07655-CJC(ASx) (eva) [Transferred from California Central on 6/22/2022.]
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Filing 17
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (vcr) [Transferred from California Central on 6/22/2022.]
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| Filing 16 PROOF OF SERVICE Executed by Plaintiff Indemnity Insurance Company of North America, Federal Insurance Company, Atlantic Specialty Insurance Company, Intact Insurance Company, Taian Insurance Co. Ltd., upon Defendant Apex Logistics International Inc. served on 11/18/2021, answer due 12/9/2021. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent by serving Diana Ruiz - Process Specialist & Authorized Agent in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Indemnity Insurance Company of North America, Federal Insurance Company, Atlantic Specialty Insurance Company, Intact Insurance Company, Taian Insurance Co. Ltd., upon Defendant UPS Asia Group Pte. Ltd. served on 11/18/2021, answer due 12/9/2021. Service of the Summons and Complaint were executed upon CSC-Lawyers Incorporating Service, Registered Agent by serving Nicole Stauss - Customer Service Liaison & Authorized Agent in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Apex Logistics International Inc., Tianshi Logistics Co., Ltd, Topocean Consolidation Service (Los Angeles) Inc., Trans Knights Inc, UPS Asia Group Pte. Ltd. (ghap) [Transferred from California Central on 6/22/2022.] |
| Filing 13 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from California Central on 6/22/2022.] |
| Filing 12 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 6/22/2022.] |
| Filing 11 NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Steve Kim. (ghap) [Transferred from California Central on 6/22/2022.] |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Joshua A Southwick counsel for Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. Adding JOSHUA A. SOUTHWICK as counsel of record for Indemnity Insurance Company of North America, Federal Insurance Company, Atlantic Specialty Insurance Company, Intact Insurance Company, Taian Insurance Co. Ltd for the reason indicated in the G-123 Notice. Filed by Plaintiffs Indemnity Insurance Company of North America, Federal Insurance Company, Atlantic Specialty Insurance Company, Intact Insurance Company, Taian Insurance Co. Ltd. (Attorney Joshua A Southwick added to party Atlantic Specialty Insurance Company(pty:pla), Attorney Joshua A Southwick added to party Federal Insurance Company(pty:pla), Attorney Joshua A Southwick added to party Indemnity Insurance Company of North America(pty:pla), Attorney Joshua A Southwick added to party Intact Insurance Company(pty:pla), Attorney Joshua A Southwick added to party Taian Insurance Co. Ltd.(pty:pla))(Southwick, Joshua) [Transferred from California Central on 6/22/2022.] |
| Filing 9 CERTIFICATE/ NOTICE of Interested Parties filed by Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd., identifying Chubb INA Holdings as the Parent company of Federal Insurance Company; Chubb Group Holdings as the Parent of Chubb INA Holdings; Chubb Limited as the Parent of Chubb Group Holdings; Intact Insurance Group USA Holdings, Inc. as the Parent of Atlantic Specialty Insurance Company; Intact Financial Corporation as the Parent of Intact Insurance Group USA Holdings, Inc.. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Taian Insurance Co. Ltd. identifying None as Corporate Parent. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Intact Insurance Company identifying Intact Financial Corporation as Corporate Parent. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Indemnity Insurance Company of North America identifying Chubb Limited as Corporate Parent. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Federal Insurance Company identifying Chubb INA Holdings Inc, Chubb Group Holdings Inc, and Chubb Limited as Corporate Parent. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Atlantic Specialty Insurance Company identifying Intact Insurance Group USA Holdings, Inc. as Corporate Parent. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Atlantic Specialty Insurance Company, Federal Insurance Company, Indemnity Insurance Company of North America, Intact Insurance Company, Taian Insurance Co. Ltd.. (Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-32331311 - Fee: $402, filed by Plaintiff Indemnity Insurance Company of North America, Federal Insurance Company, Atlantic Specialty Insurance Company, Intact Insurance Company, Taian Insurance Co. Ltd.. (Attorney Michael J Cummins added to party Atlantic Specialty Insurance Company(pty:pla), Attorney Michael J Cummins added to party Federal Insurance Company(pty:pla), Attorney Michael J Cummins added to party Indemnity Insurance Company of North America(pty:pla), Attorney Michael J Cummins added to party Intact Insurance Company(pty:pla), Attorney Michael J Cummins added to party Taian Insurance Co. Ltd.(pty:pla))(Cummins, Michael) [Transferred from California Central on 6/22/2022.] |
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