Indemnity Insurance Company of North America v. Flexport International LLC
| Indemnity Insurance Company of North America |
| Flexport International LLC |
| 1:2022cv05399 |
| June 27, 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 35 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 34 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 33
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 32
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 31 CASE TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 3:21-cv-08957. Original file certified copy of transfer order and docket entries received. |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03028-PAE. Notice of Assignment to follow. (vba) |
| 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) |
| CONSOLIDATED MDL CASE: 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) |
| Case Designated ECF. (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) |
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Filing 30
ORDER TRANSFERRING CASE To Southern District of New York. (msr, COURT STAFF) (Filed on 6/1/2022) [Transferred from California Northern on 6/27/2022.]
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Filing 29
ORDER. At the joint request of the parties, Dkt. No. 28, the initial case management conference is re-set for July 14, 2022, at 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Signed by Judge James Donato on 5/4/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 5/4/2022) [Transferred from California Northern on 6/27/2022.]
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| Filing 28 STIPULATION WITH PROPOSED ORDER To Further Continue The Initial Case Management Conference to July 14, 2022, Due To Pending Multi-District Litigation Motion filed by Indemnity Insurance Company of North America. (Attachments: #1 Proposed Order)(Cummins, Michael) (Filed on 4/26/2022) Modified on 4/27/2022 (kmg, COURT STAFF). [Transferred from California Northern on 6/27/2022.] |
| Filing 27 CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Initial Case Management Conference set for 5/12/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor. (lrc, COURT STAFF) (Filed on 3/3/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 26 STIPULATION to Continue the Case Management Conference to May 12, 2022, Based on Pending MDL Motion and Alternate Request to Appear by Telephone or other Remote Means if Conference Date Remains Unchanged filed by Indemnity Insurance Company of North America. (Attachments: #1 Exhibit A)(Cummins, Michael) (Filed on 3/2/2022) Modified on 3/8/2022 (gba, COURT STAFF). [Transferred from California Northern on 6/27/2022.] |
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Filing 25
ORDER. The parties have indicated in their joint case management statement, Dkt. No. 24, that the case is related to Case No. 21-cv-8642-JD, which is set for a case management conference on March 3, 2022. The case management conference set for February 24, 2022, is continued to March 3, 2022, at 10:00 a.m., and will be held concurrently with the conference in Case No. 21-cv-8642-JD. Signed by Judge James Donato on 2/18/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 2/18/2022) [Transferred from California Northern on 6/27/2022.]
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| Filing 24 JOINT CASE MANAGEMENT STATEMENT filed by Indemnity Insurance Company of North America. (Cummins, Michael) (Filed on 2/16/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 23 NOTICE of Appearance by Alisa Manasantivongs for Flexport International LLC (Manasantivongs, Alisa) (Filed on 2/16/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cruz, Danielle) (Filed on 1/28/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cummins, Michael) (Filed on 1/26/2022) [Transferred from California Northern on 6/27/2022.] |
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Filing 20
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 2/24/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 2/17/2022. Signed by Judge James Donato on 1/19/2022. (lrc, COURT STAFF) (Filed on 1/19/2022) [Transferred from California Northern on 6/27/2022.]
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Filing 19
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 1/18/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(anj, COURT STAFF) (Filed on 1/18/2022) [Transferred from California Northern on 6/27/2022.]
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| Filing 18 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 1/14/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Flexport International LLC.. (Cruz, Danielle) (Filed on 1/13/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 16 Certificate of Interested Entities by Flexport International LLC identifying Other Affiliate WK Webster, Other Affiliate Argo Group US for Flexport International LLC. (Cruz, Danielle) (Filed on 1/7/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 15 Certificate of Interested Entities by Flexport International LLC (Cruz, Danielle) (Filed on 1/7/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 14 ANSWER to Complaint Dated November 18, 2021 with Affirmative Defenses byFlexport International LLC. (Cruz, Danielle) (Filed on 1/7/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 13 CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/13/2022. (ig, COURT STAFF) (Filed on 12/30/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 12 STIPULATION to Extend Time to Respond to Initial Complaint (L.R.6.1) re #1 Complaint filed by Flexport International LLC. (Cruz, Danielle) (Filed on 12/29/2021) Modified on 12/29/2021 (gba, COURT STAFF). [Transferred from California Northern on 6/27/2022.] |
| Filing 11 STIPULATION TO EXTEND TIME TO FILE ANSWER TO COMPLAINT filed by Indemnity Insurance Company of North America. (Cummins, Michael) (Filed on 12/16/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Indemnity Insurance Company of North America.. (Cummins, Michael) (Filed on 12/1/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 9 SUMMONS Returned Executed by Indemnity Insurance Company of North America. Flexport International LLC served on 11/22/2021, answer due 12/13/2021. (Cummins, Michael) (Filed on 11/23/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/9/2022. Initial Case Management Conference set for 2/16/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (kmg, COURT STAFF) (Filed on 11/19/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 7 Summons Issued as to Flexport International LLC. (kmg, COURT STAFF) (Filed on 11/19/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 6 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/2/2021. (mbc, COURT STAFF) (Filed on 11/18/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 5 NOTICE of Appearance by Joshua A. Southwick (Southwick, Joshua) (Filed on 11/18/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 4 Rule 7.1 Disclosures by Indemnity Insurance Company of North America identifying Corporate Parent Chubb Limited for Indemnity Insurance Company of North America. (Cummins, Michael) (Filed on 11/18/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 3 Certificate of Interested Entities by Indemnity Insurance Company of North America identifying Corporate Parent Chubb Limited, Other Affiliate Balsam Brands, Inc, Other Affiliate Indemnity Insurance Company of America for Indemnity Insurance Company of North America. (Cummins, Michael) (Filed on 11/18/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 2 Proposed Summons. (Cummins, Michael) (Filed on 11/18/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 1 COMPLAINT against Flexport International LLC ( Filing fee $ 402, receipt number ACANDC-16641216.). Filed by Indemnity Insurance Company of North America. (Attachments: #1 Civil Cover Sheet) (Cummins, Michael) (Filed on 11/18/2021) [Transferred from California Northern on 6/27/2022.] |
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