FIMBank PLC v. Discover Investment Corp. et al
Plaintiff: FIMBank PLC
Defendant: Discovery Investment Corp., Shipping Asset Management (SAM) S.A., SAM Shipping Management S.A. and SPV SAM Eagle, Inc.
Case Number: 2:2019cv00264
Filed: September 13, 2019
Court: US District Court for the Southern District of Texas
Presiding Judge: B Janice Ellington
Referring Judge: Nelva Gonzales Ramos
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1333
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2019 Opinion or Order Filing 38 ORDER granting #36 Motion for Timothy S. McGovern to Appear Pro Hac Vice.(Signed by Magistrate Judge B Janice Ellington) Parties notified.(KelliePapaioannou, 2)
November 8, 2019 Filing 37 REPLY in Support of #19 MOTION to Dismiss , filed by SPV SAM Eagle, Inc.. (Nork, Thomas)
November 7, 2019 Filing 36 MOTION for Timothy S. McGovern to Appear Pro Hac ViceMotions referred to B Janice Ellington. by FIMBank PLC, filed. Motion Docket Date 11/29/2019. (Floyd, Edward)
November 6, 2019 Filing 35 MEMORANDUM of Law in Support of Motion for judicial sale of Vessel re: #33 MOTION for Sale of Vessel by FIMBank PLC, filed.(Floyd, Edward)
November 6, 2019 Filing 34 DECLARATION of Edward W. Floyd re: #33 MOTION for Sale of Vessel, filed.(Floyd, Edward)
November 6, 2019 Filing 33 MOTION for Sale of VesselMotions referred to B Janice Ellington. by FIMBank PLC, filed. Motion Docket Date 11/27/2019. (Attachments: #1 Proposed Order)(Floyd, Edward)
November 5, 2019 Filing 32 NOTICE of Appearance by Michael Wray, Chris Hart and James Buchanan on behalf of SPV SAM Eagle, Inc., filed. (Nork, Thomas)
November 5, 2019 Filing 31 NOTICE of Setting re: #17 MOTION to Dismiss and Motion to Vacate Attachment. Parties notified. Motion Hearing set for 11/13/2019 at 03:00 PM before Magistrate Judge B Janice Ellington, filed. (mserpa, 2)
November 1, 2019 Filing 30 PROPOSED ORDER re: #29 MOTION for Entry of Order re: Vessel Attachment Costs, filed.(Nork, Thomas)
November 1, 2019 Filing 29 MOTION for Entry of Order re: Vessel Attachment CostsMotions referred to B Janice Ellington. by SPV SAM Eagle, Inc., filed. Motion Docket Date 11/22/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wray, Michael)
November 1, 2019 Filing 28 CERTIFICATE OF INTERESTED PARTIES by SPV SAM Eagle, Inc., filed.(Wray, Michael)
October 29, 2019 Filing 27 REPLY in Support of #17 MOTION to Dismiss and Motion to Vacate Attachment, filed by SPV SAM Eagle, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Nork, Thomas)
October 25, 2019 Filing 26 ANSWER to #20 Answer to Complaint, Counterclaim by FIMBank PLC, filed.(Floyd, Edward)
October 25, 2019 Filing 25 RESPONSE in Opposition to #19 MOTION to Dismiss , filed by FIMBank PLC. (Attachments: #1 Proposed Order)(Floyd, Edward)
October 16, 2019 Filing 24 PROPOSED ORDER denying Motion to Vacate Attachment and Dismiss re: #21 Response in Opposition to Motion, filed.(Nash, Andrew)
October 9, 2019 Filing 23 DECLARATION of Luke F. Zadkovich re: #21 Response in Opposition to Motion, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT)(Zadkovich, Luke)
October 9, 2019 Filing 22 DECLARATION of Thomas Pagonis re: #21 Response in Opposition to Motion, filed. (Attachments: #1 Exhibit A-N)(Zadkovich, Luke)
October 9, 2019 Filing 21 RESPONSE in Opposition to #17 MOTION to Dismiss and Motion to Vacate Attachment, filed by FIMBank PLC. (Floyd, Edward)
October 4, 2019 Filing 20 ANSWER to #1 Complaint, COUNTERCLAIM against FIMBank PLC by SPV SAM Eagle, Inc., filed.(Nork, Thomas)
October 4, 2019 Filing 19 MOTION to Dismiss Motions referred to B Janice Ellington. by SPV SAM Eagle, Inc., filed. Motion Docket Date 10/25/2019. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Nork, Thomas)
September 30, 2019 Filing 18 CORPORATE DISCLOSURE STATEMENT by FIMBank PLC, filed.(Floyd, Edward)
September 26, 2019 Filing 17 MOTION to Dismiss and Motion to Vacate Attachment Motions referred to B Janice Ellington. by SPV SAM Eagle, Inc., filed. Motion Docket Date 10/17/2019. (Attachments: #1 Proposed Order, #2 Proposed Order Request for Hearing)(Nork, Thomas)
September 17, 2019 Opinion or Order Filing 16 ORDER granting #10 Motion for Luke F Zadkovich to Appear Pro Hac Vice.(Signed by Magistrate Judge B Janice Ellington) Parties notified.(dterrell, 2)
September 17, 2019 Filing 15 RETURN of Service Executed, filed.(dterrell, 2)
September 17, 2019 Filing 14 RETURN of Service of SUMMONS Executed as to Shipping Asset Management (SAM) S.A. served on 9/16/2019, answer due 10/7/2019, filed.(dterrell, 2)
September 17, 2019 Filing 13 RETURN of Service, filed.(dterrell, 2)
September 17, 2019 Filing 12 RETURN of Service of SUMMONS Executed as to Discovery Investment Corp. served on 9/16/2019, answer due 10/7/2019, filed.(dterrell, 2)
September 17, 2019 Filing 11 RETURN of Service of SUMMONS Executed as to Sam Shipping Management. served on 9/16/2019, answer due 10/7/2019, filed.(dterrell, 2)
September 16, 2019 Filing 10 MOTION for Luke F. Zadkovich to Appear Pro Hac ViceMotions referred to B Janice Ellington. by FIMBank PLC, filed. Motion Docket Date 10/7/2019. (Floyd, Edward)
September 13, 2019 Opinion or Order Filing 9 ORDER granting #3 Motion for Edward W. Floyd to Appear Pro Hac Vice.(Signed by Magistrate Judge B Janice Ellington) Parties notified.(amireles, 2)
September 13, 2019 Opinion or Order Filing 7 ORDER FOR WRIT OF ATTACHMENT PURSUANT TO ADMIRALTY RULE B granting #2 Motion for Issuance of Warrant.(Signed by Magistrate Judge B Janice Ellington) Parties notified.(dterrell, 2) (Copies given to attorney Nash for delivery to USM)
September 13, 2019 Opinion or Order Filing 6 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/12/2019 at 09:00 AM before Judge Nelva Gonzales Ramos Parties notified.(dterrell, 2)
September 13, 2019 Filing 5 NOTICE of Setting. Parties notified. Status Conference set for 9/13/2019 at 03:00 PM before Magistrate Judge B Janice Ellington, filed. (legarza, 2)
September 13, 2019 Filing 4 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Summons Discover, #2 Summons Sam Ship, #3 Summons Shipping Asset, #4 Sumons SPV Sam)(Nash, Andrew)
September 13, 2019 Filing 3 MOTION for Edward Floyd to Appear Pro Hac Vice by FIMBank PLC, filed. Motion Docket Date 10/4/2019. (Nash, Andrew)
September 13, 2019 Filing 2 MOTION for Issuance of Warrant by FIMBank PLC, filed. Motion Docket Date 10/4/2019. (Attachments: #1 Exhibit A - Nash Declaration, #2 Proposed Order, #3 Proposed Order Writ of Foreign Attachment)(Nash, Andrew)
September 13, 2019 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-23173269) filed by FIMBank PLC. (Attachments: #1 Civil Cover Sheet)(Rodriguez, Ivan)
September 13, 2019 Summons Issued as to All Defendants. Issued summons delivered to plaintiff in person, filed.(dterrell, 2)
September 13, 2019 Minute Entry for proceedings held before Magistrate Judge B Janice Ellington. STATUS CONFERENCE held on 9/13/2019. Mr. Nash addressed the court. Appearances: Andrew Robert Nash.(Digital # 2:54-3:18)(ERO:A. Salazar), filed.(legarza, 2)

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Defendant: Discovery Investment Corp.
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Defendant: Shipping Asset Management (SAM) S.A.
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Defendant: SAM Shipping Management S.A.
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Defendant: SPV SAM Eagle, Inc.
Represented By: Michael J Wray
Represented By: James F Buchanan
Represented By: Christopher Roland Hart
Represented By: Thomas R Nork
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Plaintiff: FIMBank PLC
Represented By: Edward W. Floyd, Esq.
Represented By: Andrew Robert Nash
Represented By: Ivan M Rodriguez
Represented By: Timothy S. McGovern
Represented By: Luke Francis Zadkovich
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