Tokio Marine America Insurance Company v. Flexport International LLC
| Tokio Marine America Insurance Company |
| Flexport International LLC |
| 1:2022cv05950 |
| July 12, 2022 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Colleen McMahon |
| 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 28
ORDER CONSOLIDATING CASE: On August 2, 2022, Affiliated FM Insurance Company et al v. Kuehne + Nagel Inc. (22- cv-03160) was assigned to me as related to the Maersk Voyage 051 Shipper Cases. This case is hereby added to the list of consolidated cases under the Master Case Number 21 cv-08183. Counsel should familiarize themselves with the master case docket entries, get up to speed on discovery, and participate in the scheduled status conference on September 29, 2022 at 2 P.M. (Signed by Judge Colleen McMahon on 8/4/2022) Filed In Associated Cases: 1:21-cv-08183-CM-GWG et al.BY ECF TO ALL COUNSEL (kv)
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Filing 27
ORDER CONSOLIDATING CASES: On July 27, 2022, two new cases were assigned to me as related to the Maersk Voyage 051 Shipper Cases. Expeditors International of Washington, Inc. v. Mediterranean Shipping Company, S.A. (22-cv-0 1805) was reassigned to me from the Honorable Andrew L. Carter, Jr. and Tokio Marine America Insurance Company v. Flexport International LLC (22-cv-05950) was reassigned to me from the Honorable P. Kevin Castel. These two cases are hereby added to the list of consolidated cases under the Master Case Number 21-cv-08183. Counsel in the new actions are expected to familiarize themselves with all docket entries, get up to speed on discovery, and participate in the scheduled status conference on September 29, 2022 at 2 P.M. (Signed by Judge Colleen McMahon on 8/1/2022) Filed In Associated Cases: 1:21-cv-08183-CM-GWG et al.BY ECF TO ALL COUNSEL (kv)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-08183-CM-GWG.. (kv) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08183-CM-GWG. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge P. Kevin Castel is no longer assigned to the case. (aea) |
| Magistrate Judge Gabriel W. Gorenstein is so redesignated. (aea) |
| Filing 26 STATEMENT OF RELATEDNESS re: that this action be filed as related to In re: Maersk Essen Voyage 051 Shipper Cases, Master Case No. 21 CV 8183 (CM) (GWG). Document filed by Tokio Marine America Insurance Company..(O'Malley, Kevin) |
| Filing 25 NOTICE OF APPEARANCE by Kevin John Byron O'Malley on behalf of Tokio Marine America Insurance Company..(O'Malley, Kevin) |
| Filing 24 CASE TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 4:22-cv-00366. Original file certified copy of transfer order and docket entries received. |
| 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) |
| Magistrate Judge Robert W. Lehrburger 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) |
| Case Designated ECF. (laq) |
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Filing 23
ORDER by Judge Yvonne Gonzalez Rogers Granting #22 JOINT STIPULATION TO TRANSFER THIS ACTION TO THE SOUTHERN DISTRICT OF NEW YORK FOR THE CONVENIENCE OF THE PARTIES, WITNESSES AND INTERESTS OF JUSTICE. (amg, COURT STAFF) (Filed on 7/8/2022) [Transferred from California Northern on 7/12/2022.]
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| Filing 22 STIPULATION WITH PROPOSED ORDER Joint Stipulation To Transfer This Action To The Southern District Of New York For The Convenience Of The Parties, Witnesses And Interests Of Justice filed by Flexport International LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(Rose, Bradley) (Filed on 7/8/2022) [Transferred from California Northern on 7/12/2022.] |
| ***Case electronically transferred to the Southern District of New York*** (far, COURT STAFF) (Filed on 7/8/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 21 Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Initial Case Management Conference held on 6/27/2022. Initial Case Management Conference set for 7/11/2022 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ygr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, 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/. Initial Case Management Conference set for 7/11/2022 02:00 PM in Oakland, - Videoconference Only.Total Time in Court: 2 minutes. Court Reporter: Pamela Hebel. (amg, COURT STAFF) (Date Filed: 6/27/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 20 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Notice is hereby given that due to 6/20/2022 being a Holiday, the case management conference is continued to 6/27/2022 at 2:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) Initial Case Management Conference set for 6/27/2022 02:00 PM in Oakland, - Videoconference Only. (amg, COURT STAFF) (Filed on 6/2/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 19 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Notice is hereby given that the case management conference previously set for 6/6/2022 is continued to 6/20/2022 at 2:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) Initial Case Management Conference set for 6/20/2022 02:00 PM in Oakland, - Videoconference Only. (amg, COURT STAFF) (Filed on 6/1/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 18 JOINT CASE MANAGEMENT STATEMENT filed by Tokio Marine America Insurance Company. (Cummins, Michael) (Filed on 5/31/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 17 Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Initial Case Management Conference held on 4/25/2022. Updated Joint Case Management Statement due by 5/30/2022. Initial Case Management Conference set for 6/6/2022 02:00 PM in Oakland, - Videoconference Only. Total Time in Court: 4 minutes. Court Reporter: Pamela Hebel. (amg, COURT STAFF) (Date Filed: 4/25/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 16 CLERKS NOTICE SETTING ZOOM HEARING. Notice is hereby given that the case management conference previously set for 4/25/2022 will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ygr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, 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.) (amg, COURT STAFF) (Filed on 4/22/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 15 JOINT CASE MANAGEMENT STATEMENT filed by Tokio Marine America Insurance Company. (Cummins, Michael) (Filed on 4/18/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 14 Corporate Disclosure Statement by Flexport International LLC (Rose, Bradley) (Filed on 4/11/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 13 ANSWER to Complaint and Affirmative Defenses byFlexport International LLC. (Rose, Bradley) (Filed on 4/11/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 12 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 4/18/2022. Initial Case Management Conference set for 4/25/2022 02:00 PM in Oakland, - Videoconference Only. (Attachments: #1 Standing Order) (amg, COURT STAFF) (Filed on 1/25/2022) [Transferred from California Northern on 7/12/2022.] |
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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 Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Kandis A. Westmore 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 1/24/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(anj, COURT STAFF) (Filed on 1/24/2022) [Transferred from California Northern on 7/12/2022.]
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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. (wft, COURT STAFF) (Filed on 1/24/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tokio Marine America Insurance Company.. (Southwick, Joshua) (Filed on 1/24/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 8 SUMMONS Returned Executed by Tokio Marine America Insurance Company. Flexport International LLC served on 1/20/2022, answer due 2/10/2022. (Southwick, Joshua) (Filed on 1/21/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 7 Certificate of Interested Entities by Tokio Marine America Insurance Company identifying Corporate Parent Tokio Marine & Nichido Insurance Company Ltd., Other Affiliate Dash America Inc. dba Pearl Izumi USA, Shimano USA for Tokio Marine America Insurance Company. (Southwick, Joshua) (Filed on 1/20/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 6 Summons Issued as to Flexport International LLC. (far, COURT STAFF) (Filed on 1/20/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/12/2022. Initial Case Management Conference set for 4/19/2022 01:30 PM in Oakland, - To be determined. (far, COURT STAFF) (Filed on 1/20/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 4 Case assigned to Magistrate Judge Kandis A. Westmore. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/3/2022. (as, COURT STAFF) (Filed on 1/20/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 3 Rule 7.1 Disclosures by Tokio Marine America Insurance Company identifying Corporate Parent Tokio Marine & Nichido Insurance Company Ltd. for Tokio Marine America Insurance Company. (Southwick, Joshua) (Filed on 1/19/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 2 Proposed Summons. (Southwick, Joshua) (Filed on 1/19/2022) [Transferred from California Northern on 7/12/2022.] |
| Filing 1 COMPLAINT against Flexport International LLC ( Filing fee $ 402, receipt number ACANDC-16818473.). Filed byTokio Marine America Insurance Company. (Attachments: #1 Civil Cover Sheet)(Southwick, Joshua) (Filed on 1/19/2022) [Transferred from California Northern on 7/12/2022.] |
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