Viva Logistics, Inc. v. MSC Mediterranean Shipping Company .S.A. et al
| Viva Logistics, Inc. |
| MSC Mediterranean Shipping Company .S.A., MEDITERRANEAN SHIPPING COMPANY (USA) INC. and MSC Mediterranean Shipping Company S.A. |
| 1:2022cv05857 |
| July 8, 2022 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Contract: Marine |
| 28 U.S.C. § 1333 mc Marine Contract |
| Plaintiff |
Docket Report
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| Filing 15 CIVIL CASE MANAGEMENT PLAN: This Court requires that this case shall be ready for trial on 1-5-2023. This case is to be tried to a jury. Post-discovery summary judgment motions in the form prescribed by the Court's Individual Rules of Practice may be brought on without further consultation with the Court provided that a Notice of any such motion, in the form specified in the Court's Individual Rules of Practice, is filed no later than one week following the close-of-discovery date (item D-6 above) and provided that the moving papers are served by 12/15/22, answering papers by 12/22/22, and reply papers by 12/29/22. A final pre-trial conference, as well as oral argument on any post-discovery summary judgment motions, shall be held on 1/5/23 at 4pm. Amended Pleadings due by 8/31/2022. Joinder of Parties due by 9/30/2022. Motions due by 12/15/2022. Deposition due by 11/15/2022. Discovery due by 12/1/2022. Oral Argument set for 1/5/2023 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 1/5/2023. (Signed by Judge Jed S. Rakoff on 8/9/2022) (ate) |
| Filing 14 NOTICE OF APPEARANCE by Mark A. Beckman on behalf of MSC Mediterranean Shipping Company S.A., Mediterranean Shipping Company (USA) Inc...(Beckman, Mark) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephonic Initial Pretrial Conference held on 8/9/2022, ( Final Pretrial Conference set for 1/5/2023 at 04:00 PM before Judge Jed S. Rakoff in courtroom 14B.) (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Telephonic Initial Conference set for 8/9/2022 at 12:15 PM before Judge Jed S. Rakoff. The dial in formation remains the same as previously posted. ). (Kotowski, Linda) |
| Filing 13 NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 8-5-2022, ON A TELECONFERENCE LINE AT 11:30am. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. Initial Conference set for 8/5/2022 at 11:30 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 7/21/2022) (kv) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to MSC Mediterranean Shipping Company S.A., Mediterranean Shipping Company (USA) Inc..(gp) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to MSC Mediterranean Shipping Company, S.A. and Mediterranean Shipping Company (USA) Inc., re: #8 Complaint. Document filed by Viva Logistics, Inc...(O'Donnell, Mark) |
| Filing 10 FILING ERROR - DEFICIENT- SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to MSC Mediterranean Shipping Company, S.A. and Mediterranean Shipping Company (USA) Inc., re: #8 Complaint. Document filed by Viva Logistics, Inc...(O'Donnell, Mark) Modified on 7/14/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mark Patrick O'Donnell to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Filing court is not indicated on PDF; Defendants as to whom the summons request is for must be listed in the 'TO' field. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mark Patrick O'Donnell to RE-FILE Document No. #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 9 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to MSC Mediterranean Shipping Company, S.A. and Mediterranean Shipping Company (USA) Inc., re: #8 Complaint. Document filed by Viva Logistics, Inc...(O'Donnell, Mark) Modified on 7/14/2022 (sj). |
| Filing 8 COMPLAINT against MSC Mediterranean Shipping Company S.A., Mediterranean Shipping Company (USA) Inc.. Document filed by Viva Logistics, Inc...(O'Donnell, Mark) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mark Patrick O'Donnell to RE-FILE Document No. #6 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mark Patrick O'Donnell to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to MSC Mediterranean Shipping Company, S.A. and Mediterranean Shipping Company (USA) Inc., re: #6 Complaint. Document filed by Viva Logistics, Inc...(O'Donnell, Mark) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. Document filed by Viva Logistics, Inc...(O'Donnell, Mark) Modified on 7/13/2022 (pc). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Patrick O'Donnell. The following case opening statistical information was erroneously selected/entered: Arbitration code v (Voluntary); Fee Status code due (due). The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid). (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mark Patrick O'Donnell to RE-FILE Document No. #5 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #5 Complaint. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-26389474, paid on 7/8/2022. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Patrick O'Donnell. The party information for the following party/parties has been modified: MSC MEDITERRANEAN SHIPPING COMPANY, S.A. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| Magistrate Judge Gabriel W. Gorenstein 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. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mark Patrick O'Donnell to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; plaintiff or plaintiff's attorney information section of Summons PDF not provided; Summons is not linked to corresponding pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Viva Logistics, Inc.. Document filed by Viva Logistics, Inc...(O'Donnell, Mark) Modified on 7/12/2022 (vf). |
| Filing 4 CIVIL COVER SHEET filed..(O'Donnell, Mark) |
| Filing 3 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to MSC Mediterranean Shipping Company, S.A. and Mediterranean Shipping Company (USA) Inc., re: Complaint. Document filed by Viva Logistics, Inc...(O'Donnell, Mark) Modified on 7/12/2022 (vf). |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Mark Patrick O'Donnell. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Mark Patrick O'Donnell to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 7/18/2022. (vf) |
| Filing 2 NOTICE OF APPEARANCE by Mark Patrick O'Donnell on behalf of Viva Logistics, Inc...(O'Donnell, Mark) |
| Filing 1 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Viva Logistics, Inc...(O'Donnell, Mark) |
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