DOLE CHILE S.A. v. MSC MEDITERRANEAN SHIPPING COMPANY S.A. et al
| DOLE CHILE S.A. |
| MSC Mediterranean Shipping Company .S.A., Mediterranean Shipping Company (USA) Inc., MSC SHIP MANAGEMENT LTD., Greenwich Terminals LLC, Gloucester Terminals LLC, Holt Logistics Corp., M/V MSC OLIA, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC AINO, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC JENONGMIN, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC VITA, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC HARMONY III, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC CELINE, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC CAROLE, her engines, machinery, tackle, apparel, etc., in rem, M/V POMERENIA SKY, her engines, machinery, tackle, apparel, etc., in rem,, RESOLUTE EXPORT & TRADING, LTD., FPG Shipholding Liberia 17 SA, Xinda International Ship Lease, CHOSEN PARTNER INVESTMENTs LTD.,, HARMONY SHIPPING & TRADING LTD., SALTGATE PANAMA SHIPPING, INC., POMERENIA SKY INC., TAIPING & SINOPEC TJ7 SHIPPING LEASING CO., LTD., John Doe Carriers 1-9, JOHN DOE TERMINAL OPERATORS 1-9, DELAWARE AVENUE ENTERPRISES, INC., HOLT CARGO SYSTEMS LLC and JOHN DOE TERMINAL OPERATORS 3-9 |
| 1:2024cv02651 |
| April 8, 2024 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Contract: Marine |
| 46 U.S.C. § 1300 F.E.L.A. (DISCONTINUED AFTER 1/27/2014) |
| None |
Docket Report
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| Filing 40 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Eastern; Case Number: 2:23-cv-01504. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Andrew L. Carter, Jr.. 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..(vba) |
| Case Designated ECF. (vba) |
| 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. (vba) |
Filing 39
ORDER THAT UPON CONSIDERATION OF THE AMENDED COMPLAINT (ECF NO. #16 ) AND THE BILLS OF LADING (ECF NO #22 -1), THE CLERK OF COURT IS DIRECTED TO TRANSFER THE ABOVE-CAPTIONED CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 03/29/2024. 03/29/2024 ENTERED AND COPIES E-MAILED.(nd) [Transferred from Pennsylvania Eastern on 4/8/2024.]
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| Filing 38 MEMORANDUM AND/OR OPINION. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 03/29/2024. 03/29/2024 ENTERED AND COPIES E-MAILED.(nd) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
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Filing 37
ORDER THAT UPON CONSIDERATION OF DEFENDANTS GREENWICH TERMINALS LLC, GLOUCESTER TERMINALS LLC, AND HOLT LOGISTICS CORP.S MOTION TO DISMISS #6 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED AS MOOT. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 3/20/24.3/20/24 ENTERED AND COPIES E-MAILED.(bw) [Transferred from Pennsylvania Eastern on 4/8/2024.]
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| Filing 36 NOTICE of Withdrawal of Appearance by STEPHEN J. GALATI on behalf of All Plaintiffs (GALATI, STEPHEN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 35 NOTICE of Appearance by GEORGE R. ZACHARKOW on behalf of DOLE CHILE S.A. (ZACHARKOW, GEORGE) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
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Filing 34
ORDER THAT THE APPLICATION OF EDWARD P. FLOOD, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE MIA ROBERTS PEREZ ON 9/28/23. 9/28/23 ENTERED & E-MAILED.(fdc) [Transferred from Pennsylvania Eastern on 4/8/2024.]
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| Filing 33 APPLICATION for Admission Pro Hac Vice of Edward P. Flood by MEDITERRANEAN SHIPPING COMPANY (USA) INC., MSC MEDITERRANEAN SHIPPING COMPANY S.A.. ( Filing fee $ 75 receipt number APAEDC-16970544.). (MARTYN, JESSICA) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 32 SUR REPLY OF PLAINTIFF IN OPPOSITION TO THE MOTION TO DISMISS OFDEFENDANTS GREENWICH TERMINALS LLC, GLOUCESTER TERMINALS LLC,DELAWARE AVENUE ENTERPRISES, INC., HOLT CARGO SYSTEMS LLC ANDHOLT LOGISTICS CORP. filed by DOLE CHILE S.A.. (bw) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
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Filing 31
ORDER THAT UPON CONSIDERATION OF PLAINTIFF, DOLE CHILE S.A (PLAINTIFF OR DOLE) UNCONTESTED MOTION FOR LEAVE TO FILE A SUR REPLY IN OPPOSITION TO THE MOTION OF DEFENDANTS GREENWICH TERMINALS LLC, GLOUCESTER TERMINALS LLC, DELAWARE AVENUE ENTERPRISES, INC., HOLT CARGO SYSTEMS LLC AND HOLT LOGISTICS CORP. (TERMINAL OR SHORESIDE DEFENDANTS) TO DISMISS THE PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FED. R. C. P. 12(B)(6) #22 , IT IS HEREBY ORDERED, THAT THE MOTION IS GRANTED, AND THE SUR-REPLY ATTACHED TO THE UNDERLYING MOTION AS EXHIBIT A SHALL BE DEEMED FILED. SIGNED BY HONORABLE MIA ROBERTS PEREZ ON 9/14/23.9/15/23 ENTERED AND COPIES E-MAILED.(bw) [Transferred from Pennsylvania Eastern on 4/8/2024.]
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| Filing 30 ANSWER TO CROSS-CLAIM OF MSC MEDITERRANEAN SHIPPING COMPANY, S.A. by DELAWARE AVENUE ENTERPRISES, INC., GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HOLT CARGO SYSTEMS, LLC, HOLT LOGISTICS CORP. (HUGHES, PETER) Modified on 8/9/2023 (md). [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 29 MOTION for Leave to File a Sur Reply in Opposition to Defendants' Motion to Dismiss Amended Complaint [ECF 22] filed by DOLE CHILE S.A... (Attachments: #1 Exhibit A- Proposed Sur-Reply of Plaintiff in Opposition of Defendants' Motion to Dismiss, #2 Text of Proposed Order)(GALATI, STEPHEN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 28 REPLY BRIEF IN FURTHER SUPPORT OF DEFENDANTS GREENWICH TERMINALS LLC, GLOUCESTER TERMINALS LLC, DELAWARE AVENUE ENTERPRISES, INC., HOLT CARGO SYSTEMS LLC AND HOLT LOGISTICS CORP.S MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) #22 (bw) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
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Filing 27
ORDER THAT THE DEFENDANT'S MOTION #26 FOR LEAVE TO FILE A REPLY BRIEF IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT #22 IS GRANTED. SIGNED BY HONORABLE MIA ROBERTS PEREZ ON 8/3/23.8/3/23 ENTERED AND COPIES E-MAILED.(bw) (Main Document 27 replaced on 8/3/2023) (bw). [Transferred from Pennsylvania Eastern on 4/8/2024.]
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| Filing 26 MOTION for Leave to File Reply Brief in Further Support of Motion to Dismiss Amended Complaint [ECF 22] filed by DELAWARE AVENUE ENTERPRISES, INC., GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HOLT CARGO SYSTEMS, LLC, HOLT LOGISTICS CORP..Memorandum, Certificate of Counsel, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(HUGHES, PETER) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 25 RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re: Plaintiff's First Amended Complaint filed by DOLE CHILE S.A.. (Attachments: #1 Memorandum of Law of Plaintiff Dole Chile S.A. in Opposition to Motion to Dismiss, #2 Text of Proposed Order)(GALATI, STEPHEN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 24 ANSWER to #16 Amended Complaint,,,, , CROSSCLAIM against DELAWARE AVENUE ENTERPRISES, INC., GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HOLT CARGO SYSTEMS, LLC, HOLT LOGISTICS CORP. by MSC MEDITERRANEAN SHIPPING COMPANY S.A.. (Attachments: #1 Certificate of Service)(MARTYN, JESSICA) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 23 ANSWER to #16 Amended Complaint,,,, by MEDITERRANEAN SHIPPING COMPANY (USA) INC.. (Attachments: #1 Certificate of Service)(MARTYN, JESSICA) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re: Plaintiff's First Amended Complaint filed by DELAWARE AVENUE ENTERPRISES, INC., GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HOLT CARGO SYSTEMS, LLC, HOLT LOGISTICS CORP..Memorandum of Law In Support and Certificate of Service. (Attachments: #1 Exhibit A-DECLARATION OF LISA KLINE, ESQUIRE, #2 Text of Proposed Order)(HUGHES, PETER) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 21 Disclosure Statement Form pursuant to FRCP 7.1 including Terminal Holdings LP with Certificate of Service by HOLT CARGO SYSTEMS, LLC.(HIGSON, JOHN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 20 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by DELAWARE AVENUE ENTERPRISES, INC..(HIGSON, JOHN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 19 STIPULATION re #16 Amended Complaint,,,, Time to File A Response Extended Until July 26, 2023 by DELAWARE AVENUE ENTERPRISES, INC., GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HOLT CARGO SYSTEMS, LLC, HOLT LOGISTICS CORP.. (HUGHES, PETER) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 18 ACCEPTANCE OF SERVICE by John J. Higson, Esquire Re: accepted summons and complaint for DELAWARE AVENUE ENTERPRISES, INC. on 6/28/2023, answer due 7/19/2023; HOLT CARGO SYSTEMS, LLC on 6/28/2023, answer due 7/19/2023. (HIGSON, JOHN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 17 Summons Issued as to DELAWARE AVENUE ENTERPRISES, INC., HOLT CARGO SYSTEMS, LLC, MSC SHIP MANAGEMENT LTD.. E-MAILED To: COUNSEL on 6/30/23 (bw) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 16 AMENDED COMPLAINT against GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HOLT LOGISTICS CORP., JOHN DOE CARRIERS 1-9, JOHN DOE TERMINAL OPERATORS 1-9, M/V MSC AINO, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC CAROLE, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC CELINE, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC HARMONY III, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC JENONGMIN, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC OLIA, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC VITA, her engines, machinery, tackle, apparel, etc., in rem, M/V POMERENIA SKY, her engines, machinery, tackle, apparel, etc., in rem,, MEDITERRANEAN SHIPPING COMPANY (USA) INC., MSC MEDITERRANEAN SHIPPING COMPANY S.A., MSC SHIP MANAGEMENT LTD., DELAWARE AVENUE ENTERPRISES, INC., HOLT CARGO SYSTEMS, LLC, filed by DOLE CHILE S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2)(GALATI, STEPHEN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 15 RESPONSE to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R. Civ. P. 12(b)(6) Plaintiff's Notice of Intent to File Amended Complaint Pursuant to Loal Court Rule 7.1(c) In Response to Motion to Dismiss filed by DOLE CHILE S.A.. (GALATI, STEPHEN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 14 Disclosure Statement Form pursuant to FRCP 7.1 by MEDITERRANEAN SHIPPING COMPANY (USA) INC.. (Attachments: #1 Certificate of Service)(MARTYN, JESSICA) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 13 Disclosure Statement Form pursuant to FRCP 7.1 by MSC MEDITERRANEAN SHIPPING COMPANY S.A.. (Attachments: #1 Certificate of Service)(MARTYN, JESSICA) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 12 ANSWER to Complaint by MEDITERRANEAN SHIPPING COMPANY (USA) INC.. (Attachments: #1 Certificate of Service)(MARTYN, JESSICA) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 11 ANSWER to Complaint , CROSSCLAIM against GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HOLT LOGISTICS CORP. by MSC MEDITERRANEAN SHIPPING COMPANY S.A.. (Attachments: #1 Certificate of Service)(MARTYN, JESSICA) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 10 NOTICE of Appearance by JOHN J. HIGSON on behalf of GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HOLT LOGISTICS CORP. with Certificate of Service(HIGSON, JOHN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 including Terminal Holdings LP by GREENWICH TERMINALS, LLC. (Attachments: #1 Certificate of Service)(HUGHES, PETER) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 including Terminal Holdings LP by GLOUCESTER TERMINALS, LLC. (Attachments: #1 Certificate of Service)(HUGHES, PETER) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 7 Disclosure Statement Form pursuant to FRCP 7.1 by HOLT LOGISTICS CORP.. (Attachments: #1 Certificate of Service)(HUGHES, PETER) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R. Civ. P. 12(b)(6) filed by GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HOLT LOGISTICS CORP... (Attachments: #1 Memorandum, #2 Declaration of Lisa Kline, Esquire, #3 Text of Proposed Order, #4 Certificate of Service)(HUGHES, PETER) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 5 Documents - Summons and Complaint were sent by the Clerk's Office via Certified Mail to MSC Shipmanagement Ltd., MSC House 8, Spyrou Kyprianou Avenue, 3070 Limassol, Cyprus, Registered NO. RF 563 911 850 US. (ke) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 4 Request to Clerk to Serve Summons and Complaint via Registered Mail, Return Receipt Requested upon Mediterranean Shipmanagement Ltd. by DOLE CHILE S.A.. (GALATI, STEPHEN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 3 Summons Issued as to CHOSEN PARTNER INVESTMENTS LTD.,, FPG SHIPHOLDING LIBERIA 17 SA, GLOUCESTER TERMINALS, LLC, GREENWICH TERMINALS, LLC, HARMONY SHIPPING & TRADING LTD., HOLT LOGISTICS CORP., M/V MSC AINO, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC CAROLE, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC CELINE, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC HARMONY III, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC JENONGMIN, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC OLIA, her engines, machinery, tackle, apparel, etc., in rem, M/V MSC VITA, her engines, machinery, tackle, apparel, etc., in rem, M/V POMERENIA SKY, her engines, machinery, tackle, apparel, etc., in rem,, MEDITERRANEAN SHIPPING COMPANY (USA) INC., MSC MEDITERRANEAN SHIPPING COMPANY S.A., MSC SHIP MANAGEMENT LTD., POMERENIA SKY INC., RESOLUTE EXPORT & TRADING, LTD., SALTGATE PANAMA SHIPPING, INC., TAIPING & SINOPEC TJ7 SHIPPING LEASING CO., LTD., XINDA INTERNATIONAL SHIP LEASE. E-MAILED To: COUNSEL on 4/19/23 (bw) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including Dole plc by DOLE CHILE S.A..(GALATI, STEPHEN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-16637557.), filed by DOLE CHILE S.A.. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(GALATI, STEPHEN) [Transferred from Pennsylvania Eastern on 4/8/2024.] |
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