Bautista v. F/V Papa's Girl, et al
| Roberto Bautista |
| Papa's Girl, LLC, F/V Papa's Girl and Chester Moore |
| 5:2020cv00083 |
| March 4, 2020 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Louise Wood Flanagan |
| Marine |
| 28 U.S.C. § 1333 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 ANSWER to #1 Complaint, Defenses and Affirmative Defenses by F/V Papa's Girl, Papa's Girl, LLC. (Ventker, David) |
| Filing 36 MOTION to Strike Jury Demand filed by Papa's Girl, LLC. (Ventker, David) |
| Filing 35 Memorandum in Support regarding #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by F/V Papa's Girl, Papa's Girl, LLC. (Ventker, David) |
| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by F/V Papa's Girl, Papa's Girl, LLC. (Ventker, David) |
| Filing 33 Notice of Appearance filed by Marissa M. Henderson on behalf of All Defendants. (Henderson, Marissa) |
| Filing 32 RESPONSE in Opposition regarding #17 MOTION to Strike Plaintiff's Demand for Jury Trial, #15 MOTION to Dismiss for Failure to State a Claim , #13 Motion to Dismiss for Lack of Personal Jurisdiction filed by Roberto Bautista. (Gordon, Frank) |
| Filing 31 Certificate of Service filed by Roberto Bautista regarding #30 Notice of Appearance of Frank J. Gordon. (Gordon, Frank) |
| Filing 30 Notice of Appearance filed by Frank J. Gordon on behalf of Roberto Bautista. (Gordon, Frank) |
| Filing 29 REASSIGNMENT ORDER - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is reassigned to the Honorable James C. Dever III, United States District Judge, for all further proceedings. United States District Judge Louise Wood Flanagan is no longer assigned to the case. All future documents shall reflect the revised case number of 5:20-CV-83-D. Signed by Peter A. Moore, Jr., Clerk of Court on 3/6/2020. (A copy of this Order was mailed via US mail to Michael Lorraine Donner, Sr. of Setliff Law PC, 4940 Dominion Blvd., Glen Allen, VA 23060, David Neil Ventker and Marissa Marriott Henderson of Ventker, Henderson, PLLC at 256 W. Freemason Street, Norfolk, VA 23510.) (Collins, S.) |
| Filing 28 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 27 Case transferred in from District of Virginia Eastern. Case Number 4:19-cv-00061. Transfer order and docket sheet obtained from transferring district. |
Filing 26
ORDER - LIFTING stay and TRANSFERING this case, Roberto Bautista v. F/V Papa's Girl, et al.. No. 4:19cv61, to the United States District Court for the Eastern District of North Carolina. Copies distributed as directed. Signed by District Judge Rebecca Beach Smith on 3/4/2020. (clou ) [Transferred from Virginia Eastern on 3/5/2020.]
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| Case transferred to District of Eastern District of North Carolina. Original file, certified copy of transfer order, and docket sheet sent. (clou ) [Transferred from Virginia Eastern on 3/5/2020.] |
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Filing 25
ORDER granting #20 First MOTION to Stay Plaintiff's Deadline for Pleadings Responsive to Defendant Moore's Pending Motions. See order for details. Copies distributed as directed. Signed by District Judge Rebecca Beach Smith on 11/20/2019. (clou ) [Transferred from Virginia Eastern on 3/5/2020.]
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| Filing 24 MOTION HEARING held before District Judge Rebecca Beach Smith: Jody Stewart, OCR. Michael Donner, Sr. present on behalf of plaintiff. David Ventker present on behalf of defendants. Motion Hearing held on 11/20/2019 re #20 First MOTION to Stay filed by Roberto Bautista. Mr. Ventker advised the court that defendant Chester Moore accepts jurisdiction of this court. Arguments of counsel heard re the Motion to Stay. The court takes the matter under advisement. (sche) [Transferred from Virginia Eastern on 3/5/2020.] |
| Motion Hearing set for 11/20/2019 at 11:00 AM in Norfolk Courtroom 1 before District Judge Rebecca Beach Smith re #20 First MOTION to Stay. (sche) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 23 Request for Hearing by Chester Moore re #15 MOTION to Dismiss for Failure to State a Claim , #17 MOTION to Strike Plaintiff's Demand for Jury Trial, #13 MOTION to Dismiss for Lack of Jurisdiction (Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 22 REPLY to Response to Motion re #20 First MOTION to Stay Plaintiff's Deadline for Pleadings Responsive to Defendant Moore's Pending Motions filed by Roberto Bautista. (Donner, Michael) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 21 Memorandum in Opposition re #20 First MOTION to Stay Plaintiff's Deadline for Pleadings Responsive to Defendant Moore's Pending Motions filed by Chester Moore. (Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 20 First MOTION to Stay Plaintiff's Deadline for Pleadings Responsive to Defendant Moore's Pending Motions by Roberto Bautista. (Attachments: #1 Exhibit NC Bankruptcy Adversary Complaint, #2 Exhibit NC Bankruptcy Court Recommendation and Request)(Donner, Michael) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 19 SUMMONS Returned Executed as to Chester Moore served by Secretary of the Commonwealth. (Attachments: #1 Envelope) (clou) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 18 Memorandum in Support re #17 MOTION to Strike Plaintiff's Demand for Jury Trial filed by Chester Moore. (Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 17 MOTION to Strike Plaintiff's Demand for Jury Trial by Chester Moore. (Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 16 Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim filed by Chester Moore. (Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 15 MOTION to Dismiss for Failure to State a Claim by Chester Moore. (Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 14 Memorandum in Support re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Chester Moore. (Attachments: #1 Exhibit A: Affidavit of Chester Moore)(Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction by Chester Moore. (Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 12 Summons Issued as to Chester Moore. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Civil Motions Procedures) (clou ) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 11 Proposed Summons to Defendant Chester D. Moore by Roberto Bautista. (Donner, Michael) [Transferred from Virginia Eastern on 3/5/2020.] |
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Filing 10
ORDER of Release. Signed by Clerk on 7/5/19. (Attachments: #1 Temporary Restraining Order)(afar) [Transferred from Virginia Eastern on 3/5/2020.]
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| Filing 9 NOTICE by Papa's Girl, LLC of Bankruptcy Case Filing (Attachments: #1 Exhibit A: Notice of Bankruptcy Case Filing)(Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 8 CLAIM Right or Interest in a Vessel Pursuant to Rule C(6) by Papa's Girl, LLC. (Ventker, David) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 7 Marshal's Return of USM Process and Return Executed as to Third-Party Custodian. (afar) [Transferred from Virginia Eastern on 3/5/2020.] |
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Filing 6
ORDER granting #3 Motion Appointing Substitute Custodian. Signed by District Judge Rebecca Beach Smith on 6/11/19. (afar) [Transferred from Virginia Eastern on 3/5/2020.]
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| Filing 5 WARRANT of Arrest issued and delivered to USM for F/V Papa's Girl (afar) [Transferred from Virginia Eastern on 3/5/2020.] |
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Filing 4
ORDER granting #2 Motion for Issuance of Warrant in rem. Signed by District Judge Rebecca Beach Smith on 6/11/19. (afar) [Transferred from Virginia Eastern on 3/5/2020.]
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| Filing 3 MOTION to Appoint Custodian by Roberto Bautista. (Attachments: #1 Proposed Order appointing custodian)(Donner, Michael) Modified event type on 6/11/2019 (afar). [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 2 First MOTION for Issuance of Warrant in rem to arrest vessel subject to Verified Complaint by Roberto Bautista. (Attachments: #1 Proposed Order directing clerk to issue warrant, #2 Proposed Order directing Marshall to arrest vessel)(Donner, Michael) [Transferred from Virginia Eastern on 3/5/2020.] |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6683916.), filed by Roberto Bautista. (Attachments: #1 Exhibit Exhibit 1, #2 Affidavit Verification for Complaint, #3 Civil Cover Sheet)(Donner, Michael) [Transferred from Virginia Eastern on 3/5/2020.] |
| Initial Case Assignment to District Judge Rebecca Beach Smith and Magistrate Judge Douglas E. Miller. (afar) [Transferred from Virginia Eastern on 3/5/2020.] |
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