Pacific Chartering Services, Inc. v. MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG
Plaintiff: Pacific Chartering Services, Inc.
Defendant: M/V Fritz, IMO No. 9415155 Her Engines, Freights, Apparel, Appurtenances, Tackle, etc. and MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG
Case Number: 3:2014cv01576
Filed: July 16, 2014
Court: US District Court for the Northern District of Ohio
Office: Toledo Office
County: Lucas
Presiding Judge: James G Carr
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1333
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 25, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 25, 2014 Opinion or Order Filing 33 Order of Case Dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the above-captioned action is hereby dismissed with prejudice and with each party to bear its own costs. re #32 . Judge James G. Carr on 11/25/14. (C,D)
October 8, 2014 Filing 32 Proposed Stipulation of Dismissal filed by Pacific Chartering Services, Inc.. (Spotts, David)
October 8, 2014 Opinion or Order Filing 31 Order The United States Marshal for the Northern District of Ohio is hereby ordered to release the M/V Fritz, IMO 9415155 (the Vessel), together with all other property of the Defendants attached or seized pursuant to previous orders of this Court. Further, the Marshal is ordered to personally serve the Vessel through her Master with a copy of this order forthwith. Judge James G. Carr on 10/8/14. (C,D)
October 8, 2014 Filing 30 Proposed Order for Release of Seizure filed by Pacific Chartering Services, Inc.. (Spotts, David)
October 7, 2014 Opinion or Order Order [non-document] granting Defendants' Motion for extension of time until November 15, 2014 to to plead, answer or otherwise respond to Amended Complaint (Related Doc #29 ). Judge James G. Carr on 10/7/14.(C,D)
October 6, 2014 Filing 29 Unopposed Motion for leave to plead, answer or otherwise respond to #12 Amended Complaint filed by M/V Fritz, IMO No. 9415155 Her Engines, Freights, Apparel, Appurtenances, Tackle, etc., MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG. (Slater, James)
September 29, 2014 Filing 28 Notice of Filing of Declaration of Dr. Gregor Reiter in Response to Plaintiff's #22 Declaration of Dr. Nicoletta Kroger in support of Plaintiff's #23 Opposition to Defendants' #20 Motion to Vacate filed by M/V Fritz, IMO No. 9415155 Her Engines, Freights, Apparel, Appurtenances, Tackle, etc., MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG. (Attachments: #1 Declaration of Dr. Gregor Reiter) (Slater, James) Modified on 10/1/2014 (L,A).
September 24, 2014 Filing 27 Transcript of Motion Hearing held on 9/22/14 before Judge James G. Carr. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [98 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/1/2014. Redaction Request due 10/15/2014. Redacted Transcript Deadline set for 10/27/2014. Release of Transcript Restriction set for 12/23/2014. Related document(s) #26 , #25 . (S,Tr)
September 23, 2014 Filing 26 Expedited Non-Appeal Transcript Order Form for proceedings held on 09/22/2014 before Judge James G. Carr, Court Reporter: Tracy Spore. Requested completion date: 09/24/2014 filed by M/V Fritz, IMO No. 9415155 Her Engines, Freights, Apparel, Appurtenances, Tackle, etc., MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG. (Korinko, Jonathon)
September 23, 2014 Filing 25 Expedited Non-Appeal Transcript Order Form for proceedings held on 09/22/2014 before Judge James G. Carr, Court Reporter: Tracy Spore. Requested completion date: 09/24/2014 filed by Pacific Chartering Services, Inc. (Floyd, Edward)
September 18, 2014 Filing 24 Opposition to Plaintiff's #19 Motion for Order Declaring Exclusive Jurisdiction, Withdrawing Reference to Bankruptcy and Directing Execution of Arrest Warrant filed by All Defendants. (Korinko, Jonathon) Modified on 9/24/2014 (L,A).
September 18, 2014 Filing 23 Memorandum of Law in Opposition to Defendants' #20 Motion to vacate filed by Pacific Chartering Services, Inc. (Attachments: #1 Exhibit A - OW Bunker Group Terms and Conditions of sale for Marine Bunkers, Edition 2013, #2 Exhibit B - Docket Sheet for OW Bunker v. M/V Fritz in NDNY (14-cv-0742))(Floyd, Edward)
September 18, 2014 Filing 22 Declaration of Dr. Nicoletta Kroger in Opposition to Defendants' #20 Motion to vacate filed by Pacific Chartering Services, Inc. (Attachments: #1 Exhibit A - Section 39 of the German Insolvency Code translated into English, #2 Exhibit B - Shareholder Structure of Intersee and supporting excerpts from the commercial register, #3 Exhibit C - Shareholder Structure of Intership and supporting excerpt from the commercial register, #4 Exhibit D - Shareholder Structure of MS Fritz and supporting excerpts from the commercial register)(Floyd, Edward)
September 18, 2014 Filing 21 Declaration of Vaughn Martin Faubion in Opposition to Defendants' #20 Motion to vacate filed by Pacific Chartering Services, Inc. (Attachments: #1 Exhibit A - Schedule 1 to Intersee Houston's Operating Agreement Listing Members, #2 Exhibit B - Letter sent by Insolvency Adminstrator Andreas Sontopski to Pacific Chartering, #3 Exhibit C - Settlement Agreement, #4 Exhibit D - Correspondences relating to Blue Water Shipping Company for the M/V Fritz's port costs on the Mississippi River)(Floyd, Edward)
September 11, 2014 Opinion or Order Order(non-document) The status conference previously set for September 15, 2014 is vacated and a hearing will be held on 9/22/2014 at 09:00 AM in Courtroom 224. The response deadline for the pending motions (Re: #19 #20 ) is extended upon agreement to September 18, 2014. Judge James G. Carr on 9/11/14. (C,D)
September 8, 2014 Filing 20 Motion to vacate filed by M/V Fritz, IMO No. 9415155 Her Engines, Freights, Apparel, Appurtenances, Tackle, etc., MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG. (Attachments: #1 Brief in Support, #2 Exhibit A - Declaration of Andreas Sontopski, #3 Exhibit B - German Insolvency Court Order, #4 Exhibit C - Vessel Agreement, #5 Exhibit D - Crew Agreement, #6 Exhibit E - Texas Franchise Tax Public Information Report, #7 Exhibit F - Deed of Assignment (Intersee), #8 Exhibit G - Deed of Assignment (Intership))(Korinko, Jonathon)
September 8, 2014 Filing 19 Motion and Memorandum of Law in support for an Order (i) Declaring that this Court has Exclusive Jurisdiction over the MV Fritz and Plaintiff's Claims Relating to That Vessel (ii) Witndrawing any and all References to the United States Bankruptcy Court for the Northern District of Ohio with Respect to Cases or Proceedings that involve any of the Parties to this Action, and (iii) Directing the US Marshal to Forthwith Execute the Warrant of Arrest filed by Plaintiff Pacific Chartering Services, Inc.. (Attachments: #1 Exhibit A: US Marshal's Process Receipt and Return, #2 Exhibit B: Copy of Docket Sheet No.14-742, #3 Exhibit C: Administration Seeking Documentary Discovery, #4 Exhibit D: Yu v. STX Pan Ocean Co. Ltd (South Korea))(Spotts, David)
September 2, 2014 Opinion or Order Filing 17 Order: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that upon review of Plaintiff's First Amended Verified Complaint in Admiralty, the Court finds that the conditions for an action in rein, pursuant to Rule C of the Supplemental Rules for Admiralty or Maritime Claims, exist and, therefore, the Clerk of the Court shall issue a warrant for the arrest of the M/V FRITZ; and IT IS FURTHER ORDERED that the M/V FRITZ shall remain under attachment and under arrest until further order of this Court. Per entry #16 Execution of warrant to be held in abeynace pending further court order. Judge James G. Carr on 9/2/14. (C,D) Modified on 9/2/2014 (C,D).
September 2, 2014 Filing 16 Minute Order of Telephone Conference held on 8/29/14 Time: 1 hour Hearing on such relief as a party or parties jointly may request set for Monday, September 15, 2014, at 4:00 p.m. Parties to file initial briefs on or before September 8, 2014; response briefs due on or before September 12, 2014. Judge James G. Carr on 9/2/14. (C,D)
August 29, 2014 Filing 15 Notice of Filing of Chapter 15 Bankruptcy Petition filed by MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG. (Attachments: #1 Chapter 15 Petition)(Slater, James)
August 29, 2014 Filing 14 Notice of Restricted Appearance Pursuant to Maritime Rule E(8) filed by MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG. (Attachments: #1 Appointment Orders)(Slater, James)
August 26, 2014 Filing 13 Proposed Order Directing The Clerk Of The Court To Issue A Warrant For The Arrest Of The M/V Fritz filed by Pacific Chartering Services, Inc.. (Attachments: #1 Proposed Order Form of Warrant of Arrest)(Floyd, Edward)
August 26, 2014 Filing 12 First Amended complaint In Admiralty against MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG and adding new party defendant(s) M/V Fritz, IMO No. 9415155 Her Engines, Freights, Apparel, Appurtenances, Tackle, etc., in rem. Filed by Pacific Chartering Services, Inc.. (Attachments: #1 Affidavit Verification of Martin Faubion, #2 Affidavit Declaration of Edward W. Floyd, #3 Exhibit A - Vessel Agreement (In both its original, German-language form and an English translation), #4 Exhibit B - Invoices, #5 Exhibit C - Crew Agreement, #6 Exhibit D - Letter evidencing payment of all crew wages, #7 Exhibit E - Invoices, #8 Exhibit F - Intersee Assignment, #9 Exhibit G - Intership Assignment) (Floyd, Edward)
August 8, 2014 Filing 11 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Alan Van Praag for Pacific Chartering Services, Inc.. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #10 ). Judge James G. Carr on 8/8/14.(C,D)
August 5, 2014 Filing 10 Motion for Admission of Alan Van Praag Pro Hac Vice Filing fee paid $ 120, receipt number 0647-6666290, filed by Plaintiff Pacific Chartering Services, Inc.. (Attachments: #1 Exhibit A: Certificate of Good Standing)(Spotts, David)
July 16, 2014 Filing 9 Process of Maritime Attachment and Garnishment issued July 16, 2014.Related document(s) #8 . (G,D)
July 16, 2014 Opinion or Order Filing 8 Order for Issuance of Process of Maritime Attachment and Garnishment. (See Order for full details). Judge James G. Carr on 7/16/2014. (G,D)
July 16, 2014 Filing 7 Marginal Entry Order granting Motion for appearance pro hac vice by Edward W. Floyd. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #3 ). Judge James G. Carr on 7/16/2014.(G,D)
July 16, 2014 Filing 6 Original Summons and Magistrate Consent Form issued to counsel for service upon MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG. (Attachments: #1 Magistrate Consent Form) (L,A)
July 16, 2014 Filing 5 Supplement Civil Cover Sheet to #1 Complaint, filed by Pacific Chartering Services, Inc. Related document(s) #1 . (L,A)
July 16, 2014 Filing 4 Proposed Order for Issuance of Process of Maritime Attachment and Garnishment filed by Pacific Chartering Services, Inc.. Related document(s) #1 . (Attachments: #1 U.S. Marshal Form Process of Maritime Attachment and Garnishment)(Spotts, David)
July 16, 2014 Filing 3 Motion for Admission of Edward W. Floyd Pro Hac Vice. Filing fee paid $ 120, receipt number 0647-6637321. Filed by Plaintiff Pacific Chartering Services, Inc. (Attachments: #1 Affidavit)(Spotts, David) Modified on 7/16/2014 (L,A).
July 16, 2014 Filing 2 Corporate Disclosure Statement filed by Pacific Chartering Services, Inc.. (Spotts, David)
July 16, 2014 Filing 1 Complaint Verified in Admiralty against MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG. Filing fee paid $ 400, Receipt number 0647-6637276. Filed by Pacific Chartering Services, Inc. (Attachments: #1 Exhibit A: Management Agreement German, #2 Exhibit A: Management Agreement US Translation, #3 Exhibit B: Vessel Agreement Invoices, #4 Exhibit C: Crew Management Agreement, #5 Exhibit Wage Confirmation Letter, #6 Exhibit E: Crew Agreement Invoices, #7 Exhibit F: Intersee Assignment, #8 Exhibit G: Intersee Assignment, #9 Affidavit Declaration that Cannot Find Defendant in the District, #10 Brief in Support Brief In Support of Plaintiffs Application for an Order Directing Issuance of Process of Maritime Attachment, #11 Civil Cover Sheet, #12 Summons, #13 U.S. Marshal Form) (Spotts, David) Modified on 7/16/2014 (L,A).
July 16, 2014 Judge James G. Carr assigned to case. (L,A)
July 16, 2014 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp II. (L,A)
July 16, 2014 Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (L,A)

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Plaintiff: Pacific Chartering Services, Inc.
Represented By: David M. Spotts
Represented By: Edward W. Floyd
Represented By: Alan Van Praag
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Defendant: M/V Fritz, IMO No. 9415155 Her Engines, Freights, Apparel, Appurtenances, Tackle, etc.
Represented By: James A. Slater, Jr.
Represented By: Thomas R. Lucchesi
Represented By: Jonathon J. Korinko
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Defendant: MS "Fritz" Schiffahrtsges MBH & Co. Reederei KG
Represented By: James A. Slater, Jr.
Represented By: Thomas R. Lucchesi
Represented By: Jonathon J. Korinko
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