In the Matter of the Complaint of Cherly A. Pizappi
Petitioner: CHERLY A. PIZAPPI, as Owner of a M/V RAGAZZA GO-VELOCE, a 1999, 33-foot Wellcraft Scarab for Exoneration from or Limitation of Liability and Cherly A. Pizappi
Case Number: 7:2022cv08771
Filed: October 14, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Marine
Cause of Action: 28 U.S.C. ยง 1333 ad Admiralty
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2022 Filing 5 CLERK'S NOTICE of re: #4 Order, PLEASE TAKE FURTHER NOTICE that all persons, firms, entities or corporations, having any claim or suit against the Petitioner or the Vessel arising or resulting from the incident must file a claim as provided in Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, with the Clerk of the Court, at the United States District Court, Southern District of New York, 300 Quarropas Street, White Plains, NY 10601, and must deliver or mail to the attorneys for the Petitioner, James E. Mercante, Esq., RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy on or before the 27th day of January, 2023, or be defaulted. Personal attendance is not required. Further, any claimant desiring to contest Petitioner's right either to exoneration from or limitation of liability shall file an Answer to the Complaint on or before the aforesaid date as required by Supplemental Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure and deliver or mail a copy to the attorneys for the Petitioner or be defaulted.(km)
November 18, 2022 Opinion or Order Filing 4 ORDER: NOW, on motion of attorneys for Petitioner, it is hereby: ORDERED that the above-described Ad Interim Stipulation for Value, with interest as aforesaid, filed by Petitioner for the benefit of any and all claimants as security representing the Petitioner's interest in the value of the Vessel as of the date of the incident, be and is hereby approved; and IT IS FURTHER ORDERED that the Court, only upon motion and good cause shown, shall cause appraisement of the value of Petitioner's interest in the Vessel on the date of the incident, and may thereupon order said security increased or reduced if it finds the amount thereof insufficient or excessive; and IT IS FURTHER ORDERED that any claimant in these proceedings may express, only upon motion and good cause shown and by written notice filed with the Court and served upon all parties of record, its dissatisfaction with ACE American Insurance Company as surety. In this event, Petitioner shall within thirty (30) days of the entry of an order by the Court concerning the surety, cause security to be posted in the form provided by Supplemental Rule F(1) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and satisfactory to this Court failing which the injunction entered concurrently herewith will be vacated as to all claimants, and the Court will make such further orders as the justice of the cause may require; and IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk of this Court to all persons, firms, entities or corporations, having any claim or suit against the Petitioner or the Vessel with respect to which the Complaint seeks exoneration from or limitation of liability, admonishing them to file their respective claims with the Clerk of this Court, in writing, and to deliver or mail to the attorneys for the Petitioner, James E. Mercante, Esq., RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy thereof, ON OR BEFORE THE 27th DAY OF January, 2023, or be defaulted; and that if any claimant desires to contest either the right to exoneration from or the right to limitation of liability, such claimant shall file an Answer to the Complaint on or before the aforesaid date, unless the claim has included an Answer to the Complaint, as required by Supplemental Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and deliver or mail a copy to the attorneys for the Petitioner, or be defaulted. IT IS FURTHER ORDERED that the further prosecution of any and all actions, suits and proceedings already commenced and the commencement or prosecution hereafter of any and all suits, actions, or proceedings of any nature and description whatsoever in any Court of any jurisdiction, or otherwise, against the Petitioner, insurers, and/or the Vessel, and the taking of any steps, entry of any order or judgment and the making or continuing of any motion in and/or concerning such actions, suits or proceedings except in this action, with respect to the aforesaid incident, be and they hereby are restrained, stayed and enjoined until the hearing and determination of this action, and all warrants of arrest of the Vessel and/or attachments issued or sought in such other suits, actions or legal proceedings be and the same are hereby dissolved and further warrants of arrest of the Vessel and/or attachments are hereby prohibited; and IT IS FURTHER ORDERED that service of this Order as a Restraining Order be made through the Post Office by mailing a conformed copy hereof to the person or persons to be restrained, or to their respective attorneys. The Clerk of Court is respectfully directed to issue the attached Notice. (Signed by Judge Nelson Stephen Roman on 11/18/2022) (ate) Transmission to Docket Assistant Clerk for processing.
October 27, 2022 Magistrate Judge Judith C. McCarthy 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. (aea)
October 27, 2022 NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case..(aea)
October 27, 2022 CASE ACCEPTED AS RELATED. Create association to 7:22-cv-07704-NSR. Notice of Assignment to follow. (aea)
October 17, 2022 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-07704. Document filed by Cherly A. Pizappi..(Stern, Michael)
October 17, 2022 Filing 2 CIVIL COVER SHEET filed..(Brady, Keith)
October 17, 2022 Case Designated ECF. (jgo)
October 17, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
October 17, 2022 CASE REFERRED TO Judge Nelson Stephen Roman as possibly related to 22-cv-7704. (jgo)
October 17, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Keith Andrew Brady. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; County code Albany;. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the County code has been modified to XX Out of State;. (jgo)
October 14, 2022 Filing 1 COMPLAINT FOR EXONERATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-26819582)Document filed by CHERLY A. PIZAPPI, as Owner of a M/V RAGAZZA GO-VELOCE, a 1999, 33-foot Wellcraft Scarab for Exoneration from or Limitation of Liability. (Attachments: #1 Exhibit A - Value of the Vessel after the incident, #2 Exhibit B - Executed Ad Interim Stipulation for Value., #3 Text of Proposed Order Proposed Order, #4 Supplement LOLA Notice).(Brady, Keith) Modified on 10/17/2022 (jgo).

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Petitioner: CHERLY A. PIZAPPI, as Owner of a M/V RAGAZZA GO-VELOCE, a 1999, 33-foot Wellcraft Scarab for Exoneration from or Limitation of Liability
Represented By: Keith Andrew Brady
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Petitioner: Cherly A. Pizappi
Represented By: Keith Andrew Brady
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