Maersk Tankers MR K/S v. M/T SWIFT WINCHESTER (IMO No. 9470909) her engines, tackle, appurtenances, etc., in rem et al
| Maersk Tankers MR K/S |
| M/T SWIFT WINCHESTER (IMO No. 9470909) her engines, tackle, appurtenances, etc., in rem and Winchester Shipping, Inc. |
| P.M.I. Trading DAC |
| 3:2022cv00390 |
| November 8, 2022 |
| US District Court for the Southern District of Texas |
| Jeffrey V Brown |
| Andrew M Edison |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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Filing 68
MOTION to Seal to Seal Privileged Submissions to CourtMotions referred to Andrew M Edison. by Maersk Tankers MR K/S, filed. Motion Docket Date 1/27/2023. (Haas, Kelly)
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Filing 67
MOTION to Seal Document filed under seal in Dkt. 62Motions referred to Andrew M Edison. by P.M.I. Trading DAC, filed. Motion Docket Date 1/27/2023. (Attachments: #1 Proposed Order)(Gorman, Richard)
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Minute Entry: The deadline for Maersk Tankers to file its motion to seal is extended until January 6, 2023.(rcastro, 3)
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Filing 66
MOTION to Seal Privileged Submissions to Court and Notice of Consent to Unseal Dkt. 62Motions referred to Andrew M Edison. by Winchester Shipping, Inc., filed. Motion Docket Date 1/12/2023. (Attachments: #1 Exhibit A)(Letourneau, Keith)
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Filing 65
ORDER granting re: #64 Unopposed MOTION for Extension of Time to file response to Dkt. 59. Response to Winchesters motion [Dkt. 59] is extended up to and including January 11, 2023. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 64
Unopposed MOTION for Extension of Time to file response to Dkt. 59Motions referred to Andrew M Edison. by P.M.I. Trading DAC, filed. Motion Docket Date 1/9/2023. (Attachments: #1 Proposed Order)(Gorman, Richard)
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Filing 63
ORDER Motions due 12/23/2022, Responses due by 1/6/2023.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3) (Main Document 63 replaced on 12/19/2022) (agould, 3).
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Filing 62
SEALED DOCUMENT Supplement to Motion to Reduce Security by Winchester Shipping, Inc., filed. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6) (Letourneau, Keith)
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Filing 61
SEALED DOCUMENT Supplement to Motion to Disqualify Counsel: Updated In Camera Submission by Winchester Shipping, Inc., filed. (Attachments: #1 Exhibit Updated In Camera Submissions) (Letourneau, Keith)
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Filing 60
SURREPLY to #37 Opposed MOTION to Disqualify Counsel, Strike Pleadings and Submit Documents to the Court In Camera, filed by Maersk Tankers MR K/S. (Attachments: #1 Exhibit Guidelines for Correspondents, #2 Exhibit List of Correspondents, #3 Exhibit IMC Services, #4 Exhibit IMC Legal Consulting)(Haas, Kelly)
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Filing 59
Opposed MOTION to Reduce SecurityMotions referred to Andrew M Edison. by Winchester Shipping, Inc., filed. Motion Docket Date 12/28/2022. (Attachments: #1 Exhibit Declaration, #2 Proposed Order)(Letourneau, Keith)
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Filing 58
ANSWER to #48 Intervenor Complaint, by Winchester Shipping, Inc., filed.(Letourneau, Keith)
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Filing 57
ANSWER to #28 Amended Complaint/Counterclaim/Crossclaim etc., by Winchester Shipping, Inc., filed.(Letourneau, Keith)
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Filing 56
RETURN of Service Executed as to Director of Administrative Office of Courts on 12/5/2022 re: Writ of Attachment and Order, filed.(VanesaAranda, 3)
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Filing 55
RETURN of Service Executed as to Nathan Oschner, Clerk of Court and as Custodian of Funds on 12/2/2022 re: Writ of Attachment and Order, filed.(agould, 3)
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Filing 54
ORDER OVERRULING OBJECTIONS TO MAGISTRATE JUDGES NOVEMBER 10 & 16, 2022 DISCOVERY (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Minute Entry: Plaintiff may file a sur-reply to Dkt. 53 by Wednesday, December 7, 2022. (rcastro, 3)
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Filing 53
REPLY in Support of #37 Opposed MOTION to Disqualify Counsel, Strike Pleadings and Submit Documents to the Court In Camera, filed by Winchester Shipping, Inc.. (Letourneau, Keith)
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Filing 52
WRIT OF ATTACHMENT #49 Motion for Writ. Parties notified.(rcastro, 3)
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Filing 51
ORDER granting #49 Motion for Writ of Attachment.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 50
ORDER granting #47 Motion to Intervene.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 49
MOTION for Writ of AttachmentMotions referred to Andrew M Edison. by P.M.I. Trading DAC, filed. Motion Docket Date 12/19/2022. (Attachments: #1 Exhibit A to motion for issuance of attachment, #2 Affidavit of Richard Gorman, #3 Proposed Order, #4 Proposed Order writ of Attachment)(Gorman, Richard)
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Filing 48
INTERVENOR COMPLAINT against M/T SWIFT WINCHESTER (IMO No. 9470909) her engines, tackle, appurtenances, etc., in rem, Maersk Tankers MR K/S, Winchester Shipping, Inc. filed by P.M.I. Trading DAC. (Attachments: #1 Exhibit 1 to verified complaint in intervention)(Gorman, Richard)
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Filing 47
Unopposed MOTION to InterveneMotions referred to Andrew M Edison. by P.M.I. Trading DAC, filed. Motion Docket Date 12/19/2022. (Attachments: #1 Exhibit A to unopposed motion to intervene, #2 Proposed Order)(Gorman, Richard)
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Filing 46
Objection to Magistrate Judge's Orders (Dkt. 24 and 33) by Winchester Shipping, Inc., filed. (Attachments: #1 Proposed Order)(Letourneau, Keith)
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Filing 45
CERTIFICATE OF INTERESTED PARTIES by Winchester Shipping, Inc., filed.(Letourneau, Keith)
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Filing 44
ORDER denying #43 Motion for Reconsideration.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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Filing 43
MOTION for Reconsideration of #27 Order, #24 Order on Motion to Expedite Motions referred to Andrew M Edison. by Maersk Tankers MR K/S, filed. Motion Docket Date 12/13/2022. (Attachments: #1 Ex A Email Exchange w Blank Rome re Confidentially, #2 Ex B London_Maritime_Arbitration_Ch_13, #3 Proposed Order)(Haas, Kelly)
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Filing 42
DESIGNATION of Kelly M. Haas as attorney in charge of Maersk Tankers MR K/S, filed.(Haas, Kelly)
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Filing 41
CERTIFICATE OF INTERESTED PARTIES by Maersk Tankers MR K/S, filed.(Haas, Kelly)
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Filing 40
PROPOSED ORDER to Provide Documents Collected During Expedited Discovery Process to Winchester Shipping's Counsel, filed.(Letourneau, Keith)
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Filing 39
SEALED RESPONSE Verified Opposition filed In Camera re: #37 Opposed MOTION to Disqualify Counsel, Strike Pleadings and Submit Documents to the Court In Camera by Maersk Tankers MR K/S, filed. (Attachments: #1 Ex 1 9.10.22 Email re attendance onboard Swift Winchester, #2 Ex 2 USCG PSIX Search Pg, #3 Ex 3 911.22 Email exchange w V.Ships, #4 Ex 4 11.01.22 Email w J Herschaft follow-up Re 3D Marine Survey Rpt, #5 Ex 5 9.12.22 KMH Email to Swedish Club re Port State Control Rpts, #6 Ex 6 9.13.22 Email w Instructions that Blank Rome Represents Owners, #7 Ex 7 9.13.22 email from VShips re Deficiencies, #8 Ex 8 9.13.22 Email fr Jeanne Grasso re Representation, #9 Ex 9 9.14.22 Email fr KMH re Hilder Imaging hard drives, #10 Ex 10 9.14.22 Email fr KMH confirming stand down, #11 Ex 11 9.15.22 Email fr Master w USCG Letter, #12 Ex 12 9.15.22 Email fr KMH re USCG Ltr re security & confirm stand down, #13 Proposed Order denying Mtn to Disqualify Cnsl) (Haas, Kelly)
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Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on November 21, 2022. Status Conference Held. Winchester Shipping to file its reply in support of its motion to disqualify by11/29/22. The parties are invited to submit documents that should be reviewed in-camera to Judge Edisons case manager by email. Appearances: Kelly Haas for Plaintiff, Keith Letourneau and Zachary Cain for Winchester Shipping Defendant. (Court Reporter: L. Wells), filed.(rcastro, 3)
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Filing 38
NOTICE of Setting. Parties notified. Status Conference set for 11/21/2022 at 10:30 AM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3)
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Filing 37
Opposed MOTION to Disqualify Counsel, Strike Pleadings and Submit Documents to the Court In CameraMotions referred to Andrew M Edison. by Winchester Shipping, Inc., filed. Motion Docket Date 12/9/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order, #7 Proposed Order)(Letourneau, Keith)
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Filing 36
ORDER REFERRING CASE to Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(VanesaAranda, 3)
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Filing 35
ORDER granting #34 Emergency Motion for Protective Order.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 34
EMERGENCY MOTION( Motion Docket Date 12/7/2022.), Opposed MOTION for Protective Order by Winchester Shipping, Inc., filed. (Attachments: #1 Proposed Order)(Letourneau, Keith)
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Filing 33
ORDER re expedited discovery rltd dkt #24 .(Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 32
Amended PROPOSED ORDER EMERGENCY re: #20 MOTION to Expedite Motion in Support of Expedited Discovery, filed. (Attachments: #1 Ex 1 Vessel Inspection & Document Production)(Haas, Kelly)
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Filing 31
RETURN of Service Executed as to M/T SWIFT WINCHESTER on 11/10/2022 re: Release Vessel, filed.(VanesaAranda, 3)
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Filing 30
Ex Parte PROPOSED ORDER for Process of Maritime Attachment re: #28 Amended Complaint/Counterclaim/Crossclaim etc.,, filed. (Attachments: #1 Writ of Attachment)(Haas, Kelly)
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Filing 29
MOTION Motion and Memorandum for Appointment for Service of Writ of Maritime Attachment and Garnishment by Maersk Tankers MR K/S, filed. Motion Docket Date 12/6/2022. (Attachments: #1 Proposed Order Authorizing Alternative Service)(Haas, Kelly)
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Filing 28
AMENDED COMPLAINT against M/T SWIFT WINCHESTER (IMO No. 9470909) her engines, tackle, appurtenances, etc., in rem, Winchester Shipping, Inc. filed by Maersk Tankers MR K/S. (Attachments: #1 Ex A - Notice of Claim, #2 Ex B - 9.7.22 Email, #3 Ex C - Demand For Vessel Inspection)(Haas, Kelly)
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Filing 27
ORDER regarding Discovery (rltd dkt #24 ). (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 26
Defendant Winchester Shipping Letter to Judge Edison by Winchester Shipping, Inc., filed.(Letourneau, Keith)
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Filing 25
Letter to Court regarding discovery dispute by Maersk Tankers MR K/S, filed. (Attachments: #1 Ex 1 Email exchange w K. Letrourneau re Discovery Order, #2 Ex 2 Email from Ian Kerr re expedited discovery, #3 Ex 3 Kevin Highfield email)(Haas, Kelly)
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Minute Entry: Status conference held to discuss outstanding discovery issues. Court took matter under advisement. (rcastro, 3)
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Filing 24
ORDER regarding #20 Motion for Expedited Discovery.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 23
NOTICE of Appearance by James T. Bailey on behalf of Maersk Tankers MR K/S, filed. (Bailey, James)
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Filing 22
NOTICE of Appearance by Robert L. Klawetter on behalf of Maersk Tankers MR K/S, filed. (Klawetter, Robert)
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Filing 21
NOTICE of Appearance by Zachary R. Cain on behalf of Winchester Shipping, Inc., filed. (Cain, Zachary)
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Filing 20
MOTION to Expedite Motion in Support of Expedited Discovery by Maersk Tankers MR K/S, filed. Motion Docket Date 12/1/2022. (Attachments: #1 Ex Tradewinds Articles, #2 Ex B Deficiencies Cited by USCG, #3 Ex C Document List, #4 Proposed Order, #5 Ex 1 to proposed Order)(Haas, Kelly)
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Filing 19
AMENDED ORDER TO SEIZE A VESSEL(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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Filing 18
ORDER TO DEPOSIT(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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Filing 17
PROPOSED ORDER on Plaintiff's Request for Expedited Discovery, filed.(Letourneau, Keith)
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Filing 16
PROPOSED ORDER to Deposit Funds Into Registry of Court, filed.(Letourneau, Keith)
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Filing 15
Minute Entry for proceedings held before Magistrate Judge Andrew M Edison. STATUS CONFERENCE held on 11/10/2022. Parties discussed issues concerning discovery and the release of vessel. Parties to provide proposed orders to the Court on the discovery issue. Court to take issues under advisement. Appearances: Keith Letourneau and Zachary Cain for Defendant; Kelly Haas and Mike Fernandez for Plaintiff. Appearances: Kelly M. Haas, Keith Bernard Letourneau.(Digital # 10:00am - 10:24am)(ERO:Yes), filed.(agould, 3)
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Deposit made into the Registry of the Court by M/T Swift Winchester in the amount of $7,355,000.00, receipt number HOU112284 re: #18 Order to Deposit Funds, filed. (GloriaVasquez, 4)
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Filing 14
PROPOSED ORDER to Seize a Vessel re: #2 MOTION Motion for Issuance of Order to Seize a Vessel, filed.(Haas, Kelly)
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Filing 13
RETURN of Service Executed as to Winchester Shipping Inc. on 11/8/2022 re: Complaint Served on Captain, filed.(VanesaAranda, 3)
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Filing 12
RETURN of Service Executed as to Winchester Shipping Inc. on 11/8/2022 re: Warrant Served on Captain, filed.(VanesaAranda, 3)
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Filing 11
RETURN of Service Executed as to Winchester Shipping Inc. on 11/8/2022 re: Complaint Served on Vessel, filed.(VanesaAranda, 3)
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Filing 10
RETURN of Service Executed as to Winchester Shipping Inc. on 11/8/2022 re: Warrant Served on Vessel, filed.(VanesaAranda, 3)
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Filing 9
PROPOSED ORDER Amended Order to Seize A Vessel re: #3 Order, filed.(Letourneau, Keith)
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Filing 8
Unopposed MOTION to Deposit Funds. by Winchester Shipping, Inc., filed. Motion Docket Date 11/30/2022. (Attachments: #1 Proposed Order)(Letourneau, Keith)
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Filing 7
NOTICE of Setting. Parties notified. Status Conference set for 11/9/2022 at 03:30 PM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3)
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/8/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison (Signed by Judge Jeffrey V Brown) Parties notified. (VanesaAranda, 3)
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Filing 5
NOTICE of Restricted Appearance Pursuant to Rule E(8) of the Supplemental Rules for Certain Admiralty and Maritime Claims by Winchester Shipping, Inc., filed. (Letourneau, Keith)
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Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on November 9, 2022. Status Conference Held. Court will continue Status Conference for 11/10/2022 at 10:00 AM by video before Magistrate Judge Andrew M Edison. Same zoom link as in the Notice at dkt #7 . Appearances: Kelly Haas and Mike Fernandez for Plaintiff, Keith Letourneau and Zachary Cain for Winchester Shipping Defendant. (ERO: yes), filed.(rcastro, 3)
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Filing 4
WARRANT TO SEIZE A VESSEL.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 3
ORDER TO SEIZE A VESSEL (Signed by Magistrate Judge Andrew M Edison). Parties notified.(rcastro, 3)
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Filing 2
MOTION Motion for Issuance of Order to Seize a Vessel by Maersk Tankers MR K/S, filed. Motion Docket Date 11/29/2022. (Attachments: #1 Exhibit proposed Order to Seize a Vessel, #2 Exhibit Warrant to Seize a Vessel)(Haas, Kelly)
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Filing 1
COMPLAINT against M/T SWIFT WINCHESTER (IMO No. 9470909) her engines, tackle, appurtenances, etc., in rem, Winchester Shipping, Inc. (Filing fee $ 402 receipt number ATXSDC-29037667) filed by Maersk Tankers MR K/S. (Attachments: #1 Ex A - Notice of Claim, #2 Ex B - Notice of Intent to Sell Vessel, #3 Ex C - Demand For Vessel Inspection, #4 Civil Cover Sheet)(Haas, Kelly)
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