Carl Schroter GmbH & Co KG v. Smooth Navigation SA
Plaintiff: Carl Schroter GmbH & Co KG
Defendant: Smooth Navigation SA
Intervenor Plaintiff: Praxis Energy Agents, LLC
Not Classified By Court: James D Lucas Co LLC
Case Number: 2:2020cv00334
Filed: January 30, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Nature of Suit: Contract: Marine
Cause of Action: 46:1101
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2020 Filing 49 REPLY to Response to Motion re #40 MOTION to Compel Response filed by Smooth Navigation SA. (Attachments: #1 Exhibit 1 - Declaration of Michail Kokkinis, #2 Exhibit 2 - The PIEVE SUPERIOR, (1874) LR5 PC 482)(Gilsenan, Ryan)
March 27, 2020 Filing 48 REPLY to Response to Motion re #24 MOTION Expedited Motion to Authorize Custodia Legis Expenses, and to Compel Payment of the Same and Posting of Security for Future Custodia Legis Expenses Response filed by Smooth Navigation SA. (Attachments: #1 Exhibit 1 - Email exchange, #2 Exhibit 2 - dAmico Dry v. Nikka, 1:18-cv-00284-KD-MU, Doc. 93, filed August 21, 2018)(Gilsenan, Ryan)
March 27, 2020 Filing 47 SUR REPLY to REPLY to Response to Motion re #20 MOTION Interlocutory Sale Supplemental Response filed by Carl Schroter GmbH & Co KG. (Bluestein, S)
March 25, 2020 Filing 46 Intervenor COMPLAINT , filed by Praxis Energy Agents, LLC. (Attachments: #1 Supporting Documents Verification) (Cooper, John)
March 24, 2020 Opinion or Order Filing 45 ORDER granting #42 Motion to Intervene. Intervening Plaintiff shall file the Verified Complaint in Intervention as a separate docket entry within three (3) business days. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/17/2020.(sshe, )
March 23, 2020 Filing 44 RESPONSE in Support re #42 MOTION to Intervene Response filed by Carl Schroter GmbH & Co KG. (Bluestein, S)
March 21, 2020 Filing 43 RESPONSE in Opposition re #40 MOTION to Compel Response filed by Carl Schroter GmbH & Co KG.Reply to Response to Motion due by 3/30/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Statement Under Penalty of Perjury of James Lucas, #2 Exhibit Email from U.S. Customs and Board Patrol, #3 Exhibit Email from Coleman Supply Company, #4 Exhibit Vesel's Liberian Registry, #5 Exhibit Emails between counsel for the parties)(Bluestein, S)
March 13, 2020 Filing 42 MOTION to Intervene by Praxis Energy Agents, LLC. Response to Motion due by 3/27/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 LR 26.01 Answers Int Pl 26.01, #2 Affidavit Attorney Affidavit, #3 Exhibit proposed Intervening Complaint, #4 Exhibit Verification, #5 Proposed Order proposed Order Granting Motion to Intervene)Proposed order is being emailed to chambers with copy to opposing counsel.(Cooper, John)
March 11, 2020 Filing 41 RESPONSE in Opposition re #24 MOTION Expedited Motion to Authorize Custodia Legis Expenses, and to Compel Payment of the Same and Posting of Security for Future Custodia Legis Expenses Response filed by Carl Schroter GmbH & Co KG.Reply to Response to Motion due by 3/18/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A: Bunkers, #2 Exhibit B: Email Regarding Cash Security)(Bluestein, S)
March 11, 2020 Filing 40 MOTION to Compel by Smooth Navigation SA. Response to Motion due by 3/25/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Memorandum of Law in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Affidavit Kokkinis affidavit, #5 Affidavit Stathopoulou affidavit)No proposed order.(Gilsenan, Ryan)
March 11, 2020 Filing 39 AMENDED COMPLAINT against Smooth Navigation SA, filed by Carl Schroter GmbH & Co KG. Service due by 6/9/2020 (Attachments: #1 Verification) (Bluestein, S)
March 11, 2020 Opinion or Order Filing 38 ORDER denying #14 Motion to Vacate. Smooth Navigation S.A.'s motion to vacate (Dkt. No. 14) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/11/2020.(sshe, )
March 11, 2020 Opinion or Order Filing 37 ORDER granting #22 Motion to Amend/Correct. Plaintiff's motion to amend the amended complaint (Dkt. No. #22 ) is GRANTED. Plaintiff is directed to promptly file its amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/11/2020.(sshe, )
March 6, 2020 Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on 3/3/2020, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.uscourts.gov. 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 have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 3/27/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/4/2020. (kmartin, )
March 3, 2020 Filing 35 Minute Entry. Proceedings held before Honorable Richard M Gergel: Motion Hearing held on 3/3/2020 re #14 MOTION to Vacate #9 Order on Motion for Issuance of Warrant in rem filed by Smooth Navigation SA, #20 MOTION for Interlocutory Sale filed by Carl Schroter GmbH & Co KG. Plaintiff has until March 11th to respond to the #22 MOTION to Amend Complaint filed by Carl Schroter GmbH & Co KG. Defendant has until March 11th to respond to #24 Motion to Authorize Custodia Legis Expenses, and to Compel Payment of the Same and Posting of Security for Future Custodia Legis Expenses filed by Smooth Navigation SA. Court will issue an order after March 11th. Court Reporter Karen Martin. (cper, )
March 3, 2020 Filing 34 SUR REPLY to REPLY to Response to Motion re #14 MOTION to Vacate #9 Order on Motion for Issuance of Warrant in rem Response filed by Carl Schroter GmbH & Co KG. (Bluestein, S)
March 2, 2020 Filing 33 REPLY to Response to Motion re #14 MOTION to Vacate #9 Order on Motion for Issuance of Warrant in rem Response filed by Smooth Navigation SA. (Attachments: #1 Exhibit 1 - Declaration of Antonis Lagadionis)(Gilsenan, Ryan)
February 28, 2020 Filing 32 RESPONSE in Opposition re #14 MOTION to Vacate #9 Order on Motion for Issuance of Warrant in rem Response filed by Carl Schroter GmbH & Co KG.Reply to Response to Motion due by 3/6/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Statement Under Penalty of Perjury of Shirijeet Nair, #2 Exhibit Letters of Indemnity, #3 Exhibit Statement Under Penalty of Perjury of Ivo Dolk, #4 Exhibit Statement Under Penalty of Perjury of Norbert Bittner, #5 Exhibit Statement Under Penalty of Perjury of John Russell, Q.C., #6 Exhibit Plaintiff's Arbitration Demands)(Bluestein, S)
February 28, 2020 Filing 31 RESPONSE in Opposition re #20 MOTION Interlocutory Sale Response filed by Smooth Navigation SA.Reply to Response to Motion due by 3/6/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Port State Control Report of Inspection)(Gilsenan, Ryan)
February 28, 2020 Filing 30 **REVISED NOTICE** Notice of Hearing on #14 MOTION to vacate warrant of attachment and #20 MOTION for Interlocutory Sale: Motion Hearing set for 3/3/2020 01:30 PM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. (sshe, )
February 27, 2020 Opinion or Order Filing 28 ORDER granting #25 Motion for Timothy James Nast to Appear Pro Hac Vice for Smooth Navigation SA; granting #26 Motion for Thomas Leonard Tisdale to Appear Pro Hac Vice for Smooth Navigation SA. Signed by Honorable Richard M Gergel on 2/27/2020.(sshe, )
February 27, 2020 Filing 26 MOTION to Appear Pro Hac Vice by Thomas Leonard Tisdale ( Filing fee $ 250 receipt number 0420-8972316) by Smooth Navigation SA. Response to Motion due by 3/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit - Application for Pro Hac Vice Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Gilsenan, Ryan)
February 27, 2020 Filing 25 MOTION to Appear Pro Hac Vice by Timothy James Nast ( Filing fee $ 250 receipt number 0420-8972309) by Smooth Navigation SA. Response to Motion due by 3/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit - Application for Pro Hac Vice Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Gilsenan, Ryan)
February 26, 2020 Filing 24 MOTION Expedited Motion to Authorize Custodia Legis Expenses, and to Compel Payment of the Same and Posting of Security for Future Custodia Legis Expenses by Smooth Navigation SA. Response to Motion due by 3/11/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Affidavit -Declaration of Capt. Lois Dimitrios with exhibits)No proposed order.(Gilsenan, Ryan)
February 26, 2020 Filing 23 NOTICE of Hearing on #20 MOTION for Interlocutory Sale : Motion Hearing set for 3/3/2020 at 1:30 PM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. (ltap, )
February 26, 2020 Filing 22 MOTION to Amend/Correct Complaint by Carl Schroter GmbH & Co KG. Response to Motion due by 3/11/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Amended Complaint, #2 Verification)No proposed order.(Bluestein, S)
February 24, 2020 Filing 21 TEXT ORDER re #20 MOTION Interlocutory Sale filed by Carl Schroter GmbH & Co KG. The Response to Motion time is shortened to on or before 2/28/2020. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/24/2020. (sshe, )
February 22, 2020 Filing 20 MOTION Interlocutory Sale by Carl Schroter GmbH & Co KG. Response to Motion due by 3/9/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 memorandum in support, #2 Exhibit 1: Statement Under Penalty of Perjury of James D. Lucas, #3 Exhibit 2: Statement Under Penalty of Perjury of Norbert Bittner, #4 Exhibit 3: Statement Under Penalty of Perjury of Anthony C. English)Proposed order is being emailed to chambers with copy to opposing counsel.(Bluestein, S)
February 21, 2020 Filing 19 MOTION to Appear Pro Hac Vice by Thomas Leonard Tisdale ( Filing fee $ 250 receipt number 0420-8961547) by Smooth Navigation SA. Response to Motion due by 3/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit - Application for Pro Hac Vice Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Gilsenan, Ryan)
February 21, 2020 Filing 18 MOTION to Appear Pro Hac Vice by Timothy James Nast ( Filing fee $ 250 receipt number 0420-8961516) by Smooth Navigation SA. Response to Motion due by 3/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit - Application for Pro Hac Vice Admission, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Gilsenan, Ryan)
February 21, 2020 Filing 17 NOTICE of Request for Protection from Court Appearance by S Scott Bluestein for March 5, 2020 - March 9, 2020 and March 18, 2020 - March 20, 2020 (Bluestein, S)
February 21, 2020 Filing 16 TEXT ORDER: Plaintiffs time to respond to 14 Smooth Navigation S.A.s motion to vacate and for an emergency hearing is shortened to on or before February 28, 2020. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/21/20. (ltap, )
February 20, 2020 Filing 15 Local Rule 26.01 Answers to Interrogatories by Smooth Navigation SA.(Gilsenan, Ryan)
February 20, 2020 Filing 14 MOTION to Vacate #9 Order on Motion for Issuance of Warrant in rem by Smooth Navigation SA. Response to Motion due by 3/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Supporting Documents - Declaration of Michail Kokkinis)No proposed order.(Gilsenan, Ryan)
February 3, 2020 Filing 13 Summons Issued as to Smooth Navigation SA. (sshe, )
January 31, 2020 Opinion or Order Filing 12 ORDER ALLOWING VESSEL TO MOVE WITHIN PORT AND CONTINUE CARGO OPERATIONS granting #8 Motion Signed by Honorable Richard M Gergel on 1/31/2020.(sshe, )
January 31, 2020 Opinion or Order Filing 11 ORDER DESIGNATING NEWSPAPER OF GENERAL CIRCULATION granting #7 Motion for Service by Publication Signed by Honorable Richard M Gergel on 1/31/2020.(sshe, )
January 31, 2020 Opinion or Order Filing 10 ORDER OF APPOINTMENT OF SUBSTITUTE CUSTODIAN granting #6 Motion to Appoint Custodian James D Lucas Co LLC appointed Signed by Honorable Richard M Gergel on 1/31/2020.(sshe, )
January 31, 2020 Opinion or Order Filing 9 ORDER FOR ISSUANCE OF A WARRANT OF ATTACHMENT PURSUANT TO ADMIRALTY RULE B granting #5 Motion for Issuance of Warrant in rem Signed by Honorable Richard M Gergel on 1/31/2020.(sshe, )
January 30, 2020 Filing 8 MOTION Allow Vessel to Move and Continue Cargo Operations by Carl Schroter GmbH & Co KG. Response to Motion due by 2/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Bluestein, S)
January 30, 2020 Filing 7 MOTION for Service by Publication by Carl Schroter GmbH & Co KG. Response to Motion due by 2/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A: Newspaper Ad, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Bluestein, S)
January 30, 2020 Filing 6 MOTION to Appoint Custodian by Carl Schroter GmbH & Co KG. Response to Motion due by 2/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Statement Under Penalty of Perjury, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Bluestein, S)
January 30, 2020 Filing 5 MOTION for Issuance of Warrant in rem by Carl Schroter GmbH & Co KG. Response to Motion due by 2/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Warrant of Attachment)Proposed order is being emailed to chambers with copy to opposing counsel.(Bluestein, S)
January 30, 2020 Filing 3 Summons Issued as to Smooth Navigation SA. (sshe, )
January 30, 2020 Filing 2 Local Rule 26.01 Answers to Interrogatories by Carl Schroter GmbH & Co KG.(sshe, )
January 30, 2020 Filing 1 COMPLAINT against Smooth Navigation SA ( Filing fee $ 400 receipt number 0420-8914796.), filed by Carl Schroter GmbH & Co KG. Service due by 4/29/2020 (Attachments: #1 Affidavit Verification)(sshe, )

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Plaintiff: Carl Schroter GmbH & Co KG
Represented By: S Scott Bluestein
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Defendant: Smooth Navigation SA
Represented By: Timothy James Nast
Represented By: Leonard Tisdale
Represented By: Ryan Daniel Gilsenan
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Intervenor plaintiff: Praxis Energy Agents, LLC
Represented By: John Hughes Cooper
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Not classified by court: James D Lucas Co LLC
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