Carl Schroter GmbH & Co KG v. Smooth Navigation SA
| Carl Schroter GmbH & Co KG |
| Smooth Navigation SA |
| Praxis Energy Agents, LLC |
| James D Lucas Co LLC |
| 2:2020cv00334 |
| January 30, 2020 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Contract: Marine |
| 46 U.S.C. § 1101 |
| None |
Docket Report
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| 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) |
| 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) |
| 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) |
| Filing 46 Intervenor COMPLAINT , filed by Praxis Energy Agents, LLC. (Attachments: #1 Supporting Documents Verification) (Cooper, John) |
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, )
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| Filing 44 RESPONSE in Support re #42 MOTION to Intervene Response filed by Carl Schroter GmbH & Co KG. (Bluestein, S) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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, )
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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, )
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| 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, ) |
| 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, ) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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, ) |
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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, )
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| 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) |
| 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) |
| 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) |
| 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, ) |
| 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) |
| 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, ) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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, ) |
| Filing 15 Local Rule 26.01 Answers to Interrogatories by Smooth Navigation SA.(Gilsenan, Ryan) |
| 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) |
| Filing 13 Summons Issued as to Smooth Navigation SA. (sshe, ) |
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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, )
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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, )
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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, )
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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, )
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 3 Summons Issued as to Smooth Navigation SA. (sshe, ) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Carl Schroter GmbH & Co KG.(sshe, ) |
| 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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