Bertling Bulk Services Pte, Ltd. v. Cofco International Freight S.A.
| Bertling Bulk Services Pte, Ltd. |
| Cofco International Freight S.A. |
| 1:2022cv06350 |
| July 26, 2022 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Marine |
| 28 U.S.C. ยง 1331 bc Fed. Question: Breach of Contract |
| None |
Docket Report
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MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Cofco International Freight S.A. on 07/28/2022 in the amount of $790,500.00..(dn)
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Filing 9
ORDER AUTHORIZING ISSUANCE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT: Having reviewed and considered Plaintiff Bertling Bulk Services, Pte, Ltd.'s Ex-Parte Motion for Issuance of Process of Maritime Attachment and Garnishment and Verified Complaint, together with the Attorney Declaration that the Defendant cannot be found in the District, and finding that the conditions of Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure appear to exist, the Court hereby: ORDERS the Clerk to issue Process of Maritime Attachment and Garnishment pursuant to Rule B directing the United States Marshal to the Southern District of New York to attach all property, tangible or intangible, belonging to Defendant, Cofco International Freight S.A., comprised of debts, credits, or effects including but not limited to: bank accounts, checks, payments made to, held or which may be receivable by, the said garnishees on behalf of the said Defendant, monies, disbursement advances, goods or other services, documents of title, shares of stock or other financial instruments and any other funds, collateral or property of any kind belonging to, claimed by, or held for the benefit of, the Defendant, within this District in an amount up to $790,500.00 pursuant to Supplemental Rule B and the same be attached as may be found in the possession, custody or control of the garnishee(s) or which are found in the possession or control of specific garnishee, to wit: J.P. Morgan Chase Bank, N.A.; and ORDERS that the Clerk of the Court shall issue further, supplementary process of maritime attachment and garnishment, on request of the Plaintiff and without further order of this Court; and ORDERS that any tangible or intangible property in the hands of the garnishee(s) and attached pursuant to this Order, may be released from seizure without the necessity of further orders of this Court, provided that the Marshal, or garnishee(s) receives written authorization to do so from the attorney who requested the attachment and garnishment, stating that he has conferred with all attorneys representing parties to the litigation, and they consent to the request for the release, and also provided that the Court has not entered any subsequent orders modifying this arrangement for the release of the property which was attached pursuant to this Order; and ORDERS that any person claiming an interest in the property attached or garnished pursuant to order upon application of the Court, be entitled to a prompt hearing in which Plaintiff shall be required to show why the attachment or garnishment should not be vacated or other relief granted; and ORDERS that a copy of this Order be attached to and served with the said Process of Maritime Attachment and Garnishment. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/27/2022) (ate)
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Filing 8
ORDER APPOINTING A SPECIAL PROCESS SERVER PURSUANT TO SUPPLEMENTAL RULE B: An application having been made by Plaintiff for an Order Appointing a Special Process Server Pursuant to Rule 4(c)(3) of the Federal Rules of Civil Procedure and Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, wherein Plaintiff requested the Court appoint a member of the firm, or a third party service, who are over the age of 18 and not parties to this action, as a special process server, and award such other and further relief as the Court may deem appropriate in the circumstances, it is hereby: ORDERED, that any agent and/or employee of this firm, or a third party service, or any other person or organization having authority, who is over the age of 18 and not a party to this action, be and is hereby appointed, in addition to the United States Marshal, to serve the Process of Maritime Attachment and Garnishment and Verified Complaint upon garnishee J.P. Morgan Chase Bank, N.A. at a branch location that will accept service. (Signed by Judge J. Paul Oetken on 7/27/2022) (ate)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Cofco International Freight S.A.. (vf)
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Magistrate Judge Valerie Figueredo 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)
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Case Designated ECF. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Melissa Danielle Patzelt-Russo. The following case opening statistical information was erroneously selected/entered: Dollar Demand 790,500,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 791,000. (vf)
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Filing 6
MOTION to Appoint Special Process Server . Document filed by Bertling Bulk Services Pte, Ltd.. (Attachments: #1 Text of Proposed Order Proposed Order).(Patzelt-Russo, Melissa)
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Filing 5
MOTION for Writ of Attachment as to Garnishee J.P. Morgan Chase Bank N.A. . Document filed by Bertling Bulk Services Pte, Ltd.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Supplement PMAG).(Patzelt-Russo, Melissa)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Cofco International Freight S.A., re: #1 Complaint,. Document filed by Bertling Bulk Services Pte, Ltd...(Patzelt-Russo, Melissa)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bertling Bulk Services Pte, Ltd...(Patzelt-Russo, Melissa)
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Filing 2
CIVIL COVER SHEET filed..(Patzelt-Russo, Melissa)
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Filing 1
COMPLAINT against Cofco International Freight S.A.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26466251)Document filed by Bertling Bulk Services Pte, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Supplement Verification).(Patzelt-Russo, Melissa)
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| Plaintiff: Bertling Bulk Services Pte, Ltd. | |
| Represented By: | Melissa Danielle Patzelt-Russo |
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| Defendant: Cofco International Freight S.A. | |
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