ACE American Insurance Company et al v. America Pacific Container Line, Inc et al
| Ace American Insurance Company and Federal Insurance Company |
| America Pacific Container Line, Inc., Vantec HTS Forwarding, Ltd, UPS Asia Group Pte. Ltd. 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. and Roes 1-10 |
| 1:2022cv05302 |
| June 23, 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 38 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:21-cv-09083. Original file certified copy of transfer order and docket entries received. |
| 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..(vba) |
| 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. (vba) |
| Case Designated ECF. (vba) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03028-PAE. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03028-PAE. (vba) |
| 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. (vba) |
| Filing 37 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.) (iv) [Transferred from California Central on 6/23/2022.] |
| Filing 36 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Scott E. Douglas has been assigned to serve as Panel Mediator. (lst) [Transferred from California Central on 6/23/2022.] |
| Filing 35 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Scott Douglas may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 5/19/2023 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff ACE American Insurance Company(Southwick, Joshua) [Transferred from California Central on 6/23/2022.] |
Filing 34
ORDER RE COURT TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 6/27/2022. Non-expert Discovery Cut-off 3/31/2023. Motions due by 5/1/2023. Proposed Pretrial Order due by 7/3/2023. Final Pretrial Conference and Hearing on Motions in Limine set for 7/17/2023 at 11:00 AM. Trial Date (Est. 4 to 5 Days) set for 8/8/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv) [Transferred from California Central on 6/23/2022.]
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Filing 33
ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 5/19/2023. (iv) [Transferred from California Central on 6/23/2022.]
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Filing 32
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08 and Order of the Chief Judge 22-002, the Court VACATES the Scheduling Conference set for 2/28/2022 at 11:00 a.m. No appearances shall be made. The Court will review the parties' Joint Rule 26(f) Report and issue pretrial and trial dates by separate order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY [Transferred from California Central on 6/23/2022.]
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| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 Days, filed by Plaintiffs ACE American Insurance Company, Federal Insurance Company.. (Attachments: #1 Exhibit A)(Southwick, Joshua) [Transferred from California Central on 6/23/2022.] |
| Filing 30 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 6/23/2022.] |
| Filing 29 CERTIFICATE of Interested Parties filed by defendant America Pacific Container Line, Inc, identifying New York Marine and General Insurance Company. (Kehagiaras, Andrew) [Transferred from California Central on 6/23/2022.] |
| Filing 28 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by defendant America Pacific Container Line, Inc.(Kehagiaras, Andrew) [Transferred from California Central on 6/23/2022.] |
| Filing 27 CERTIFICATE of Interested Parties filed by defendant Vantec HTS Forwarding, Ltd, identifying Mitsui Sumitomo Insurance Company, Ltd.. (Kehagiaras, Andrew) [Transferred from California Central on 6/23/2022.] |
| Filing 26 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by defendant Vantec HTS Forwarding, Ltd.(Kehagiaras, Andrew) [Transferred from California Central on 6/23/2022.] |
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Filing 25
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 2/28/2022 at 11:00 AM. (iv) [Transferred from California Central on 6/23/2022.]
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| Filing 24 NOTICE of Related Case(s) filed by Defendant UPS Asia Group Pte. Ltd.. Related Case(s): 2:21-cv-8784. 2:21-cv-08974 (Estrella, Mark) [Transferred from California Central on 6/23/2022.] |
| Filing 23 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant UPS Asia Group Pte. Ltd..(Estrella, Mark) [Transferred from California Central on 6/23/2022.] |
| Filing 22 STIPULATION Extending Time to Answer the complaint as to America Pacific Container Line, Inc answer now due 1/24/2021, re Complaint (Attorney Civil Case Opening), #1 filed by defendant America Pacific Container Line, Inc.(Attorney Andrew D Kehagiaras added to party America Pacific Container Line, Inc(pty:dft))(Kehagiaras, Andrew) [Transferred from California Central on 6/23/2022.] |
| Filing 21 NOTICE of Related Case(s) filed by Plaintiffs ACE American Insurance Company, Federal Insurance Company. 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 6/23/2022.] |
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Filing 20
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) (rn) [Transferred from California Central on 6/23/2022.]
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| Filing 19 STIPULATION Extending Time to Answer the complaint as to Vantec HTS Forwarding, Ltd answer now due 1/14/2022, re Complaint (Attorney Civil Case Opening), #1 filed by defendant Vantec HTS Forwarding, Ltd.(Attorney Andrew D Kehagiaras added to party Vantec HTS Forwarding, Ltd(pty:dft))(Kehagiaras, Andrew) [Transferred from California Central on 6/23/2022.] |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff ACE American Insurance Company, Federal Insurance Company, upon Defendant Vantec HTS Forwarding, Ltd served on 12/8/2021, answer due 12/29/2021. Service of the Summons and Complaint were executed upon Distribution-Publications, Inc. by serving Annie Nguyen - Manager & 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 6/23/2022.] |
| Filing 17 Notice of Withdrawal of Service of Summons and Complaint Returned Executed (21 days),, #14 filed by Plaintiffs ACE American Insurance Company, Federal Insurance Company. (Cummins, Michael) [Transferred from California Central on 6/23/2022.] |
| Filing 16 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 6/23/2022.] |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to UPS Asia Group Pte. Ltd. answer now due 1/12/2022, 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 6/23/2022.] |
| Filing 14 **WITHDRAWN** PROOF OF SERVICE Executed by Plaintiff ACE American Insurance Company, Federal Insurance Company, upon Defendant Vantec HTS Forwarding, Ltd served on 11/23/2021, answer due 12/14/2021. 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) Modified on 12/14/2021 Per Notice #17 . (iv). [Transferred from California Central on 6/23/2022.] |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff ACE American Insurance Company, Federal Insurance Company, upon Defendant America Pacific Container Line, Inc served on 11/23/2021, answer due 12/14/2021. Service of the Summons and Complaint were executed upon Luwina G - Supervisor & 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 6/23/2022.] |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff ACE American Insurance Company, Federal Insurance Company, upon Defendant UPS Asia Group Pte. Ltd. served on 11/22/2021, answer due 12/13/2021. Service of the Summons and Complaint were executed upon CSC-Lawyers Incorporating Service, Registered Agent by serving Lai Saevang - 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 6/23/2022.] |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants America Pacific Container Line, Inc, UPS Asia Group Pte. Ltd., Vantec HTS Forwarding, Ltd. (ghap) [Transferred from California Central on 6/23/2022.] |
| Filing 10 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from California Central on 6/23/2022.] |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 6/23/2022.] |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Michael R. Wilner. (ghap) [Transferred from California Central on 6/23/2022.] |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Joshua A Southwick counsel for Plaintiffs ACE American Insurance Company, Federal Insurance Company. Adding JOSHUA A SOUTHWICK as counsel of record for ACE AMERICAN INSURANCE COMPANY and FEDERAL INSURANCE COMPANY for the reason indicated in the G-123 Notice. Filed by Plaintiffs ACE AMERICAN INSURANCE COMPANY and FEDERAL INSURANCE COMPANY. (Attorney Joshua A Southwick added to party ACE American Insurance Company(pty:pla), Attorney Joshua A Southwick added to party Federal Insurance Company(pty:pla))(Southwick, Joshua) [Transferred from California Central on 6/23/2022.] |
| Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Federal Insurance Company identifying Chubb INA Holdings Inc; Chubb Group Holdings Inc; Chubb Limited as Corporate Parent. (Cummins, Michael) [Transferred from California Central on 6/23/2022.] |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff ACE American Insurance Company identifying Chubb Limited (a Switzerland corporation) as Corporate Parent. (Cummins, Michael) [Transferred from California Central on 6/23/2022.] |
| Filing 4 CERTIFICATE/ NOTICE of Interested Parties filed by Plaintiffs ACE American Insurance Company, Federal Insurance Company, identifying Ace American Insurance Company as the insurer of cargo; Federal Insurance Company as the insurer of cargo; Alegacy Foodservice Products Group, Inc. as the cargo owner; Ergotron Inc. as the cargo owner; Variety Distributors as the cargo owner. (Cummins, Michael) [Transferred from California Central on 6/23/2022.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs ACE American Insurance Company, Federal Insurance Company. (Cummins, Michael) [Transferred from California Central on 6/23/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs ACE American Insurance Company, Federal Insurance Company. (Cummins, Michael) [Transferred from California Central on 6/23/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-32356951 - Fee: $402, filed by Plaintiffs ACE American Insurance Company, Federal Insurance Company. (Attorney Michael J Cummins added to party ACE American Insurance Company(pty:pla), Attorney Michael J Cummins added to party Federal Insurance Company(pty:pla))(Cummins, Michael) [Transferred from California Central on 6/23/2022.] |
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