Javelin Global Commodities (UK) Ltd. v. GSP Merrimack, LLC
Plaintiff: Javelin Global Commodities (UK) Ltd.
Defendant: GSP Merrimack, LLC
Case Number: 1:2023cv01354
Filed: February 16, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1332 bc Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2023 Filing 36 LETTER addressed to Judge Mary Kay Vyskocil from J. Russ Campbell (pro hac vice) dated April 10, 2023 re: GSP's Opposition to Javelin's Letter Requesting a Pre-Motion Conference. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne)
April 5, 2023 Filing 35 LETTER addressed to Judge Mary Kay Vyskocil from Christopher J. Dalton dated April 5, 2023 re: Request for Pre-Motion Conference to File Motion to Dismiss Counterclaims. Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher)
March 22, 2023 Filing 34 RESPONSE in Support of Motion re: #9 MOTION for Attachment 44,000 Short Tons of Coal . . Document filed by Javelin Global Commodities (UK) Ltd...(Burger, Matthew)
March 22, 2023 Opinion or Order Filing 33 ORDER granting #30 Motion for Robert Loren Wagner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
March 22, 2023 Opinion or Order Filing 32 ORDER granting #27 Motion for Matthew Frederick Burger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
March 22, 2023 Opinion or Order Filing 31 ORDER granting #23 Motion for John Russell Campbell to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
March 16, 2023 Filing 30 MOTION for Robert Loren Wagner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Javelin Global Commodities (UK) Ltd...(Wagner, Robert)
March 16, 2023 Opinion or Order Filing 29 ORDER granting #21 Motion for James Toliver Dawkins IV to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
March 16, 2023 Opinion or Order Filing 28 ORDER granting #19 Motion for Adam Kent Israel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
March 16, 2023 Filing 27 MOTION for Matthew Frederick Burger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Javelin Global Commodities (UK) Ltd...(Burger, Matthew)
March 16, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for John Russell Campbell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
March 16, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Robert Loren Wagner to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.; #27 MOTION for Matthew Frederick Burger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
March 15, 2023 Filing 26 LETTER addressed to Judge Mary Kay Vyskocil from Anna Aguilar dated March 15, 2023 re: Oral argument on Javelin's motion for prejudgment attachment. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne)
March 15, 2023 Filing 25 RESPONSE in Opposition to Motion re: #9 MOTION for Attachment 44,000 Short Tons of Coal . . Document filed by GSP Merrimack, LLC. (Attachments: #1 Exhibit A - Notice of Default, #2 Exhibit B - Response to Demand for Assurances).(Burton Walsh, Anne)
March 15, 2023 Filing 24 DECLARATION of Jose F. Aguilar in Opposition re: #9 MOTION for Attachment 44,000 Short Tons of Coal .. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne)
March 15, 2023 Filing 23 MOTION for John Russell Campbell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GSP Merrimack, LLC. (Attachments: #1 Affidavit Affidavit of John Russell Campbell, #2 Text of Proposed Order Proposed Order).(Campbell, Russ)
March 15, 2023 Filing 22 ANSWER to #6 Amended Complaint,., COUNTERCLAIM against Javelin Global Commodities (UK) Ltd.. Document filed by GSP Merrimack, LLC. (Attachments: #1 Exhibit A - Old Confirmation, #2 Exhibit B - Apr. 4, 2022 Letter Demand for Performance, #3 Exhibit C - Jan. 6, 2023 Siebers Email - Anticipatory Breach, #4 Exhibit D - Cancellation and Ratification Email, #5 Exhibit E - Feb. 3, 2023 Termination Notice, #6 Exhibit F - Feb. 9, 2023 Correspondence re GSP).(Burton Walsh, Anne)
March 15, 2023 Filing 21 MOTION for James Toliver Dawkins, IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472366. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GSP Merrimack, LLC. (Attachments: #1 Affidavit Affidavit of James T. Dawkins, IV, #2 Exhibit Certificate of Admission, #3 Text of Proposed Order Proposed Order).(Dawkins, James)
March 15, 2023 Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for John Russell Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472174. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GSP Merrimack, LLC. (Attachments: #1 Affidavit Affidavit of John Russell Campbell, #2 Exhibit Certificate of Admission, #3 Text of Proposed Order Proposed Order).(Campbell, Russ) Modified on 3/15/2023 (sac).
March 15, 2023 Filing 19 MOTION for Adam Kent Israel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27471318. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GSP Merrimack, LLC. (Attachments: #1 Affidavit Affidavit of Adam K. Israel, #2 Exhibit Certificate of Admission, #3 Text of Proposed Order Proposed Order).(Israel, Adam)
March 15, 2023 Opinion or Order Filing 18 ORDER granting #17 Motion for Daniel Clifford Garfinkel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
March 15, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Adam Kent Israel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27471318. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
March 15, 2023 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for John Russell Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472174. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from the Supreme Court of Texas, and the Supreme Court of Florida. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sac)
March 15, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for James Toliver Dawkins, IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27472366. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
March 15, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Daniel Clifford Garfinkel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27466679. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
March 14, 2023 Filing 17 MOTION for Daniel Clifford Garfinkel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27466679. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Javelin Global Commodities (UK) Ltd...(Garfinkel, Daniel)
March 14, 2023 Filing 16 NOTICE OF APPEARANCE by Anne Burton Walsh on behalf of GSP Merrimack, LLC..(Burton Walsh, Anne)
March 6, 2023 Opinion or Order Filing 15 ORDER granting #12 Letter Motion for Extension of Time to File Response/Reply re #12 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #9 MOTION for Attachment 44,000 Short Tons of Coal . addressed to Judge Mary Kay Vyskocil from Anna Aguilar dated March 3, 2023. Granted. SO ORDERED. Response due March 15, 2023. Responses due by 3/15/2023. (Signed by Judge Mary Kay Vyskocil on 3/6/2023) (ate)
March 4, 2023 Filing 14 NOTICE OF APPEARANCE by Anna Conlon Aguilar on behalf of GSP Merrimack, LLC..(Aguilar, Anna)
March 3, 2023 Filing 13 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Granite Shore Power LLC, Corporate Parent GSP Intermediate Holdings I LLC, Corporate Parent GSP Intermediate Holdings II LLC, Corporate Parent Granite Shore Power Holdings LLC, Corporate Parent ACR II Granite Shore Power Holdings LLC, Other Affiliate Atlas Capital Resources (P) II LP, Other Affiliate Atlas Capital Resources II (A7) LP, Other Affiliate Atlas Capital GP II LLP, Other Affiliate Atlas Capital Resources GP II LLC for GSP Merrimack, LLC. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne)
March 3, 2023 Filing 12 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #9 MOTION for Attachment 44,000 Short Tons of Coal . addressed to Judge Mary Kay Vyskocil from Anna Aguilar dated March 3, 2023. Document filed by GSP Merrimack, LLC..(Burton Walsh, Anne)
February 22, 2023 Filing 11 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. GSP Merrimack, LLC served on 2/22/2023, answer due 3/15/2023. Service was accepted by LYNANNE GARES REGISTERED AGENT. Document filed by Javelin Global Commodities (UK) Ltd.. (Attachments: #1 Affidavit of Service).(Dalton, Christopher)
February 21, 2023 Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION for Attachment 44,000 Short Tons of Coal . . Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher)
February 21, 2023 Filing 9 MOTION for Attachment 44,000 Short Tons of Coal . Document filed by Javelin Global Commodities (UK) Ltd.. (Attachments: #1 Affidavit (Declaration) in Support, #2 Text of Proposed Order Granting Motion to Attach).(Dalton, Christopher)
February 21, 2023 Filing 8 ELECTRONIC SUMMONS ISSUED as to GSP Merrimack, LLC. (vf)
February 17, 2023 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to GSP MERRIMACK LLC, re: #6 Amended Complaint,. Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher)
February 17, 2023 Filing 6 AMENDED COMPLAINT amending #1 Complaint, against GSP Merrimack, LLC.Document filed by Javelin Global Commodities (UK) Ltd.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Dalton, Christopher)
February 17, 2023 Magistrate Judge Katharine H. Parker 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. (pc)
February 17, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(pc)
February 17, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher James Dalton. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
February 17, 2023 Case Designated ECF. (pc)
February 17, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher James Dalton re: Document No. #2 Amended Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc)
February 17, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher James Dalton to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was linked to a deficient 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)
February 16, 2023 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Javelin Global Commodities (UK) Ltd...(Dalton, Christopher)
February 16, 2023 Filing 4 CIVIL COVER SHEET filed..(Dalton, Christopher)
February 16, 2023 Filing 3 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to GSP Merrimack, LLC, re: #2 Amended Complaint,. Document filed by Javelin Global Commodities (UK) Ltd.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Dalton, Christopher) Modified on 2/17/2023 (pc).
February 16, 2023 Filing 2 FILING ERROR - DEFICIENT PLEADING - AMENDED COMPLAINT amending #1 Complaint, against GSP Merrimack, LLC.Document filed by Javelin Global Commodities (UK) Ltd.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Dalton, Christopher) Modified on 2/17/2023 (pc).
February 16, 2023 Filing 1 COMPLAINT against GSP Merrimack, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27356503)Document filed by Javelin Global Commodities (UK) Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Dalton, Christopher)

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Plaintiff: Javelin Global Commodities (UK) Ltd.
Represented By: Christopher James Dalton
Represented By: Matthew Frederick Burger
Represented By: Daniel C. Garfinkel
Represented By: Robert Wagner
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Defendant: GSP Merrimack, LLC
Represented By: Adam K. Israel
Represented By: Anna Conlon Aguilar
Represented By: Anne Burton Walsh
Represented By: James T. Dawkins, IV
Represented By: Russ Campbell
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