Woods Hole Oceanographic Institution v. Ocean Conservation, Exploration and Education Foundation et al
Woods Hole Oceanographic Institution |
Ocean Conversation, Exploration and Education Foundation, Alexandros Moukas and Ocean Conservation, Exploration and Education Foundation |
1:2023cv06420 |
July 25, 2023 |
US District Court for the Southern District of New York |
Valerie E Caproni |
Contract: Marine |
28 U.S.C. § 1333 ad Admiralty |
None |
Docket Report
This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 17 NOTICE OF VOLUNTARY DISMISSAL: NOW, on the consent of counsel for plaintiff Woods Hole Oceanographic Institution, it is ORDERED, that pursuant to Fed. R. Civ. P. Supplemental Rule E(5)(c), the Process of Maritime Attachment and Garnishment issued in this action be and is hereby vacated. ORDERED, that the action is dismissed without prejudice pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure. Application GRANTED. The Clerk of Court is respectfully directed to vacate the order of attachment at Dkt. 12, and to CLOSE the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/31/2023) (tg) |
Filing 16 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Alexandros Moukas, Ocean Conservation, Exploration and Education Foundation. Document filed by Woods Hole Oceanographic Institution. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wilgus, Lauren) |
Filing 15 ORDER granting #14 Letter Motion for Extension of Time. Application GRANTED. Plaintiff must serve a copy of the Notice of Initial Pretrial Conference and file proof of service within one week of the Garnishee notifying Plaintiff that an attachment has been made. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/2/2023) (jca) Modified on 8/3/2023 (jca). |
Filing 14 LETTER MOTION for Extension of Time to Serve the Court's Notice of Initial Pretrial Conference, etc. addressed to Judge Valerie E. Caproni from Lauren B. Wilgus dated 8/2/23. Document filed by Woods Hole Oceanographic Institution..(Wilgus, Lauren) |
MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Alexandros Moukas, Ocean Conservation, Exploration and Education Foundation on 5/26/2023 in the amount of $8,329,839. (js) |
Filing 13 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/22/2023 at 10:00 AM in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Valerie E. Caproni. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/26/2023) (vfr) |
Filing 12 Vacated as per Judges Order dated 8/31/2023, Doc. # 17 ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER. IT IS HEREBY ORDERED, that Process of Maritime Attachment and Garnishment shall issue pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure attaching all of Defendants tangible or intangible property or any other funds held by any garnishee in the district, including but not limited to Bank of America, up to the amount of $8,329,839 to secure Plaintiff's claims; and, it is further, ORDERED, that any person claiming an interest in any property attached or garnished pursuant to this Order shall, upon application to the Court, be entitled to a prompt hearing at which the Plaintiff shall be required to show why the attachment and garnishment should not be vacated; and it is further, ORDERED, that the U.S. Marshal or any person at least 18 years of age and not a party to this action, employed with or appointed by Lauren B. Wilgus, be and hereby is appointed to serve this Order and Process of Maritime Attachment and Garnishment on the garnishees; and it is further, ORDERED, that a copy of this Order be attached to and served with initial service of the Process of Maritime Attachment and Garnishment upon the garnishees; and it is further, ORDERED, that pursuant to Federal Rule of Civil Procedure 5(b)(2)(E) and/or (F), following initial service, supplemental service is deemed to be effective and continuous for any period of time not to exceed 60 days from the date of this Order; and it is further, ORDERED, that in the event Plaintiff restrains any assets pursuant to the Attachment Order, within five (5) days of this having occurred Plaintiff shall inform the Court in writing that it has restrained assets and within thirty (30) days of this having occurred shall inform the Court in writing whether it has arranged with Defendant(s) and/or any third parties to obtain mutually acceptable substitute security in the amount of such assets, or pay such funds into the Registry of the Court. If the parties are able to agree to an arrangement, then this case will be dismissed without prejudice, and, upon request by Plaintiff, the case will be reopened for the purposes of any necessary proceedings to enforce any judgment or arbitration award rendered in connection with a resolution of the merits of the dispute that is the subject of this action; and it is further, ORDERED, that this Order shall automatically expire 90 days from the date of its issuance if no assets or other property has been restrained pursuant to this Order, unless the Plaintiff shows good cause for an extension of this Order for an additional 60 days. Further 60-day extensions may be granted in the discretion of the Court, but only upon a showing by Plaintiff of extraordinary circumstances. All applications for extensions shall be made by letter to the Court; and it is further, ORDERED, that upon expiration or vacatur of this Order by reason of the preceding paragraph, this Action may be dismissed without prejudice, without costs, and without further notice to any party. The Plaintiff is directed to submit a letter to the Court informing it of the automatic expiration of the Order. SO ORDERED: (Signed by Judge Valerie E. Caproni on 7/26/23) (yv) Transmission to Records Management Clerk for processing. Modified on 8/31/2023 (tg). |
Filing 11 CIVIL COVER SHEET filed..(Wilgus, Lauren) |
Filing 10 ELECTRONIC SUMMONS ISSUED as to Ocean Conservation, Exploration and Education Foundation..(jgo) |
Filing 9 ELECTRONIC SUMMONS ISSUED as to Alexandros Moukas..(jgo) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #4 Proposed Order was reviewed and approved as to form. (km) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lauren Brooke Wilgus. The party information for the following party/parties has been modified: Ocean Conversation, Exploration and Education Foundation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
Case Designated ECF. (jgo) |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lauren Brooke Wilgus. The following case opening statistical information was erroneously selected/entered: Dollar Demand $8,330,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none;. (jgo) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(jgo) |
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. (jgo) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lauren Brooke Wilgus to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF does not contain a proper signature by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Alexandros Moukas, re: #1 Complaint,,. Document filed by Woods Hole Oceanographic Institution..(Wilgus, Lauren) |
Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Ocean Conservation, Exploration and Education Foundation, re: #1 Complaint,,. Document filed by Woods Hole Oceanographic Institution..(Wilgus, Lauren) |
Filing 6 APPLICATION for Writ of Process of Maritime Attachment and Garnishment as to Garnishee Bank of America. Document filed by Woods Hole Oceanographic Institution..(Wilgus, Lauren) |
Filing 5 MEMORANDUM OF LAW in Support re: #4 Proposed Order in support of request for issuance of order directing clerk to issue process of Maritime Attachment and Garnishment Preliminary Statement. Document filed by Woods Hole Oceanographic Institution..(Wilgus, Lauren) |
Filing 4 PROPOSED ORDER. Document filed by Woods Hole Oceanographic Institution. Related Document Number: #1 ..(Wilgus, Lauren) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Woods Hole Oceanographic Institution..(Wilgus, Lauren) |
Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Wilgus, Lauren) Modified on 7/26/2023 (jgo). |
Filing 1 COMPLAINT against Alexandros Moukas, Ocean Conversation, Exploration and Education Foundation. (Filing Fee $ 402.00, Receipt Number ANYSDC-28050627)Document filed by Woods Hole Oceanographic Institution. (Attachments: #1 Exhibit 1 to Verified Complaint _Munier Declaration 7.25.23, #2 Exhibit 1-Part 1-Exh A through C to Munier Declaration 7.25.23, #3 Exhibit 1-Part 2 -Ex. D - Part One - to Munier Declaration, #4 Exhibit 1-Part 3 - Ex. D - Part Two - to Munier Declaration, #5 Exhibit 1-Part 4 - Ex. E through I to Munier Declaration).(Wilgus, Lauren) |
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