PEAG LLC et al v. Flexport International LLC
| PEAG LLC and Certain Underwriters At Lloyd's Of London |
| Flexport International LLC |
| 1:2022cv05401 |
| June 27, 2022 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Marine |
| 28 U.S.C. § 1333 ad Admiralty |
| None |
Docket Report
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This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 28 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 27 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 26
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 25
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 24 CASE TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 3:21-cv-09376. 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) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03028-PAE. (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) |
| 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) |
| 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) |
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Filing 23
ORDER TRANSFERRING CASE TO SOUTHERN DISTRICT OF NEW YORK. (kmg, COURT STAFF) (Filed on 6/17/2022) [Transferred from California Northern on 6/27/2022.]
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Filing 22
ORDER ON STIPULATION TO CONTINUE THE CASE MANAGEMENT CONFERENCE TO JULY 12, 2022 BASED ON PENDING MDL MOTION by Judge William H. Orrick granting #21 Stipulation. Further Case Management Conference set for 7/12/2022 02:00 PM via Videoconference. Case Management Statement due by 7/5/2022. (jmd, COURT STAFF) (Filed on 5/18/2022) [Transferred from California Northern on 6/27/2022.]
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| Filing 21 STIPULATION WITH PROPOSED ORDER re #20 Order on Stipulation, to Continue the Case Management Conference to July 12, 2022 Based on Pending MDL Motion filed by Flexport International LLC. (Attachments: #1 Proposed Order)(Manasantivongs, Alisa) (Filed on 5/17/2022) [Transferred from California Northern on 6/27/2022.] |
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Filing 20
ORDER ON #19 STIPULATION TO CONTINUE THE CASE MANAGEMENT CONFERENCE TO MAY 24, 2022 BASED ON PENDING MDL MOTION by Judge William H. Orrick. Case Management Conference set for 5/24/2022 02:00 PM via Videoconference. Case Management Statement due by 5/17/2022. (jmd, COURT STAFF) (Filed on 3/15/2022) [Transferred from California Northern on 6/27/2022.]
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| Filing 19 STIPULATION WITH PROPOSED ORDER re 18 Clerk's Notice Setting Zoom Hearing.,,, to Continue the Case Management Conference to May 24, 2022 based on Pending MDL Motion filed by Flexport International LLC. (Attachments: #1 Exhibit A - MDL Motion, #2 Proposed Order)(Manasantivongs, Alisa) (Filed on 3/14/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 18 CLERKS NOTICE RESETTING ZOOM HEARING. Initial Case Management Conference reset for 3/22/2022 02:00 PM. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that p hotographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 3/4/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 17 JOINT CASE MANAGEMENT STATEMENT filed by Flexport International LLC. (Manasantivongs, Alisa) (Filed on 3/1/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 16 NOTICE of Appearance by Alisa Manasantivongs for Flexport International LLC (Manasantivongs, Alisa) (Filed on 2/17/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 15 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cruz, Danielle) (Filed on 2/15/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 14 Certificate of Interested Entities by Flexport International LLC identifying Other Affiliate WK Webster, Other Affiliate Argo US Group for Flexport International LLC. (Cruz, Danielle) (Filed on 1/31/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 13 ANSWER to Complaint with Affirmative Defenses byFlexport International LLC. (Cruz, Danielle) (Filed on 1/31/2022) [Transferred from California Northern on 6/27/2022.] |
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Filing 12
CASE MANAGEMENT CONFERENCE ORDER: Case Management Conference set for 3/8/2022 02:00 PM via Videoconference. Case Management Statement due by 3/1/2022. Signed by Judge William H. Orrick on 1/19/2022. (jmd, COURT STAFF) (Filed on 1/20/2022) [Transferred from California Northern on 6/27/2022.]
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Jacqueline Scott Corley 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 Clerk on 01/19/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 1/19/2022) [Transferred from California Northern on 6/27/2022.]
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| Filing 10 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. (ahm, COURT STAFF) (Filed on 1/18/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by PEAG LLC.. (Brown, Adam) (Filed on 1/18/2022) [Transferred from California Northern on 6/27/2022.] |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by January 12, 2022. 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. (ahm, COURT STAFF) (Filed on 12/29/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 7 STIPULATION Extending Time to Answer Complaint filed by PEAG LLC. (Brown, Adam) (Filed on 12/16/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 6 Certificate of Interested Entities by PEAG LLC identifying Other Affiliate Petra Growth Fund II, LP, Other Affiliate Eagle Fund II, LP, Other Affiliate PEAG Advisors, LLC for PEAG LLC. (Brown, Adam) (Filed on 12/10/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 5 Summons Issued as to Flexport International LLC. (far, COURT STAFF) (Filed on 12/6/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/24/2022. Initial Case Management Conference set for 3/3/2022 01:30 PM in San Francisco, Courtroom E, 15th Floor. (far, COURT STAFF) (Filed on 12/6/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 12/17/2021. (as, COURT STAFF) (Filed on 12/3/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 2 Proposed Summons. (Brown, Adam) (Filed on 12/3/2021) [Transferred from California Northern on 6/27/2022.] |
| Filing 1 COMPLAINT against Flexport International LLC ( Filing fee $ 402, receipt number ACANDC-16686389.). Filed byCertain Underwriters at Lloyds of London. (Attachments: #1 Civil Cover Sheet)(Brown, Adam) (Filed on 12/3/2021) [Transferred from California Northern on 6/27/2022.] |
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