WAG SPV I, LLC et al v. Fortune Global Shipping & Logistics (USA), Inc. et al
Plaintiff: Hark Capital I, LP and WAG SPV I, LLC
Defendant: Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd. and Eric Opah
Case Number: 4:2019cv01653
Filed: May 6, 2019
Court: US District Court for the Southern District of Texas
Presiding Judge: Nancy F Atlas
Referring Judge: Dena Hanovice Palermo
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2020 Opinion or Order Filing 60 ORDER OF DISMISSAL terminated #34 MOTION to Dismiss, #39 MOTION to Dismiss. Case terminated on 2/18/2020 (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
February 17, 2020 Filing 59 STIPULATION of Dismissal by all parties by WAG SPV I, LLC, filed.(Haren, Samuel)
February 5, 2020 Opinion or Order Filing 58 ORDER Status Conference set for 2/19/2020 at 02:00 PM in Courtroom 702 before Magistrate Judge Dena Hanovice Palermo(Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4)
November 26, 2019 Filing 57 AMENDED ANSWER to #19 Amended Complaint/Counterclaim/Crossclaim etc. by Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah, filed. (Winton, James)
November 25, 2019 Filing 56 SURREPLY to #39 MOTION to Dismiss 12(b)(1), filed by WAG SPV I, LLC. (Haren, Samuel)
November 25, 2019 Filing 55 SURREPLY to #34 MOTION to Dismiss , filed by WAG SPV I, LLC. (Haren, Samuel)
November 19, 2019 Opinion or Order Filing 54 MINUTE ENTRY ORDER: Telephone Conference held #44 MOTION for Leave to File Defendants answers in each matter to correct a misstatement. Appearances: James C Winton, Andrew K Meade. Ct Reporter: ERO. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4)
November 19, 2019 Opinion or Order Filing 53 ORDER Telephone Conference set for 11/19/2019 at 04:00 PM by telephone before Magistrate Judge Dena Hanovice Palermo(Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4)
November 18, 2019 Filing 52 DECLARATION of Eric Opah re: #49 Reply in Support of Motion, filed.(Winton, James)
November 18, 2019 Filing 51 DECLARATION of Dr. Kofi Mbiah re: #49 Reply in Support of Motion, filed. (Attachments: #1 Exhibit Exhibit 1 to Dr. Kofi Mbiah Declaration)(Winton, James)
November 18, 2019 Filing 50 DECLARATION of James C. Winton re: #49 Reply in Support of Motion, filed. (Attachments: #1 Exhibit Exhibit 1 to JCW Declaration, #2 Exhibit Exhibit 2, Part 1 to JCW Declaration, #3 Exhibit Exhibit 2, Part 2 to JCW Declaration, #4 Exhibit Exhibit 2, Part 3 to JCW Declaration, #5 Exhibit Exhibit 2, Part 4 to JCW Declaration, #6 Exhibit Exhibit 3 to JCW Declaration, #7 Exhibit Exhibit 4 to JCW Declaration)(Winton, James)
November 18, 2019 Filing 49 REPLY in Support of #39 MOTION to Dismiss 12(b)(1), filed by Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah. (Winton, James)
November 18, 2019 Filing 48 DECLARATION of Eric Opah re: #47 Reply in Support of Motion, filed.(Winton, James)
November 18, 2019 Filing 47 REPLY in Support of #34 MOTION to Dismiss , filed by Fortune Global Shipping & Logistics, Ltd.. (Winton, James)
November 8, 2019 Filing 46 RESPONSE in Opposition to #39 MOTION to Dismiss 12(b)(1), filed by WAG SPV I, LLC. (Haren, Samuel)
November 8, 2019 Filing 45 RESPONSE in Opposition to #34 MOTION to Dismiss , filed by WAG SPV I, LLC. (Attachments: #1 Exhibit 1, Haren Declaration)(Haren, Samuel)
November 7, 2019 Filing 44 MOTION for Leave to File Defendants answers in each matter to correct a misstatementMotions referred to Dena Hanovice Palermo. by Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah, filed. Motion Docket Date 11/29/2019. (Attachments: #1 Exhibit Exhibit 1 to Letter Requesting Leave to Amend, #2 Exhibit Exhibit 2 to Letter Requesting Leave to Amend)(Winton, James)
October 25, 2019 Filing 43 PROPOSED ORDER re: #39 MOTION to Dismiss 12(b)(1), filed.(Winton, James)
October 25, 2019 Filing 42 DECLARATION of Dr. Kofi Mbiah re: #39 MOTION to Dismiss 12(b)(1), filed. (Attachments: #1 Exhibit Exhibit 1 to Mbiah Declaration)(Winton, James)
October 25, 2019 Filing 41 DECLARATION of Sampson Erugo re: #39 MOTION to Dismiss 12(b)(1), filed. (Attachments: #1 Exhibit Exhibit 1 to Erugo Declaration)(Winton, James)
October 25, 2019 Filing 40 DECLARATION of James C. Winton re: #39 MOTION to Dismiss 12(b)(1), filed. (Attachments: #1 Exhibit Exhibit 1 to JCW Declaration, #2 Exhibit Exhibit 2 to JCW Declaration, #3 Exhibit Exhibit 3 to JCW Declaration, #4 Exhibit Exhibit 4 to JCW Declaration, #5 Exhibit Exhibit 5 to JCW Declaration, #6 Exhibit Exhibit 6 to JCW Declaration, #7 Exhibit Exhibit 7 to JCW Declaration, #8 Exhibit Exhibit 8 to JCW Declaration, #9 Exhibit Exhibit 9 to JCW Declaration, #10 Exhibit Exhibit 10 to JCW Declaration, #11 Exhibit Exhibit 11 to JCW Declaration, #12 Exhibit Exhibit 12 to JCW Declaration, #13 Exhibit Exhibit 13 to JCW Declaration, #14 Exhibit Exhibit 14 to JCW Declaration, #15 Exhibit Exhibit 15 to JCW Declaration, #16 Exhibit Exhibit 16 to JCW Declaration, #17 Exhibit Exhibit 17 to JCW Declaration, #18 Exhibit Exhibit 18 to JCW Declaration, #19 Exhibit Exhibit 19 to JCW Declaration, #20 Exhibit Exhibit 20 to JCW Declaration)(Winton, James)
October 25, 2019 Filing 39 MOTION to Dismiss 12(b)(1) Motions referred to Dena Hanovice Palermo. by Fortune Global Shipping & Logistics, Ltd., filed. Motion Docket Date 11/15/2019. (Winton, James)
October 25, 2019 Filing 38 PROPOSED ORDER re: #34 MOTION to Dismiss , filed.(Winton, James)
October 25, 2019 Filing 37 DECLARATION of Kim DeLong re: #34 MOTION to Dismiss , filed.(Winton, James)
October 25, 2019 Filing 36 DECLARATION of Eric Opah re: #34 MOTION to Dismiss , filed. (Attachments: #1 Exhibit Exhibit 7 to Opah Declaration, #2 Exhibit Exhibit 8 to Opah Declaration, #3 Exhibit Exhibit 9 to Opah Declaration, #4 Exhibit Exhibit 10 to Opah Declaration)(Winton, James)
October 25, 2019 Filing 35 DECLARATION of James C. Winton re: #34 MOTION to Dismiss , filed. (Attachments: #1 Exhibit Exhibit 1 to Winton Declaration, #2 Exhibit Exhibit 2 to Winton Declaration, #3 Exhibit Exhibit 3 to Winton Declaration, #4 Exhibit Exhibit 4 to Winton Declaration, #5 Exhibit Exhibit 5 to Winton Declaration, #6 Exhibit Exhibit 6 to Winton Declaration)(Winton, James)
October 25, 2019 Filing 34 MOTION to Dismiss Motions referred to Dena Hanovice Palermo. by Fortune Global Shipping & Logistics, Ltd., filed. Motion Docket Date 11/15/2019. (Winton, James)
September 25, 2019 Opinion or Order Filing 33 SCHEDULING ORDER. Defendants motion due 10/25/2019; Plaintiffs response due 11/08/2019; Defendants reply due 11/18/2019 (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4)
September 25, 2019 Opinion or Order Filing 32 MINUTE ENTRY ORDER: Status Conference held Appearances: James C Winton, Erika Jean Lindberg, Leann Meredith Pinkerton. Ct Reporter: ERO. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4)
September 17, 2019 Opinion or Order Filing 31 AMENDED ORDER Status Conference set for 9/25/2019 at 01:30 PM in Courtroom 702 before Magistrate Judge Dena Hanovice Palermo(Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(cfelchak, 4)
August 20, 2019 Filing 30 RETURN of Service of SUMMONS Executed as to Fortune Global Shipping & Logistics (USA), Inc. served on 5/31/2019, answer due 6/21/2019, filed.(Meade, Andrew)
August 20, 2019 Filing 29 RETURN of Service of SUMMONS Executed as to Eric Opah served on 6/1/2019, answer due 6/24/2019, filed.(Meade, Andrew)
August 20, 2019 Filing 28 RETURN of Service of SUMMONS Executed as to Fortune Global Shipping & Logistics, Ltd. served on 5/31/2019, answer due 6/21/2019, filed.(Meade, Andrew)
August 9, 2019 Filing 27 ANSWER to #19 Amended Complaint/Counterclaim/Crossclaim etc. by Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah, filed.(Lindberg, Erika)
August 8, 2019 Opinion or Order Filing 26 AMENDED ORDER Status Conference set for 9/19/2019 at 10:30 AM in Courtroom 702 before Magistrate Judge Dena Hanovice Palermo (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4)
August 8, 2019 Opinion or Order Filing 25 ORDER, Initial Conference scheduled for 8/26/2019 at 1:00 before Judge Atlas is CANCELLED Deadlines terminated (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4)
August 7, 2019 Filing 24 Letter to Judge re Status Conference Reschedule by Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Winton, James)
August 7, 2019 Opinion or Order Filing 23 ORDER Status Conference set for 8/15/2019 at 10:30 AM in Courtroom 702 before Magistrate Judge Dena Hanovice Palermo (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4)
August 6, 2019 Filing 22 CORPORATE DISCLOSURE STATEMENT by Fortune Global Shipping & Logistics, Ltd., filed.(Winton, James)
August 6, 2019 Filing 21 CORPORATE DISCLOSURE STATEMENT by Fortune Global Shipping & Logistics (USA), Inc. identifying Fortune Global Shipping & Logistics, Ltd. (Marshall Islands) as Corporate Parent, filed.(Winton, James)
August 1, 2019 Opinion or Order Filing 20 ORDER REFERRING CASE to Magistrate Magistrate Judge Dena Hanovice Palermo(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
July 29, 2019 Filing 19 Second AMENDED COMPLAINT against Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah filed by WAG SPV I, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Haren, Samuel)
July 29, 2019 Opinion or Order Filing 18 ORDER denying #7 Motion to Dismiss; granting #15 Motion for Leave to File.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
July 29, 2019 Filing 17 REPLY to Response to #15 MOTION for Leave to File Second Amended Complaint, filed by Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah. (Winton, James)
July 26, 2019 Filing 16 RESPONSE to #7 MOTION to Dismiss #4 Amended Complaint/Counterclaim/Crossclaim etc. filed by WAG SPV I, LLC. (Haren, Samuel)
July 26, 2019 Filing 15 MOTION for Leave to File Second Amended Complaint by WAG SPV I, LLC, filed. Motion Docket Date 8/16/2019. (Attachments: #1 Second Amended Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Haren, Samuel)
July 12, 2019 Opinion or Order Filing 14 MINUTE ENTRY ORDER: Discovery held Appearances: James C Winton, Samuel Branaman Haren. Ct Reporter: ERO. Hearing held on Plaintiffs Letter to the Court dated July 9, 2019 [Doc. # 8] and Defendantsresponsive Letter dated July 10, 2019 [Doc. # 10]. Rulings as stated on the record in openCourt. The court grants a two week extension.Plaintiff to file a proposed amended complaint that addresses the jurisdictional issues.Defendants reply to the motion to dismiss is due within one week after the response has beenfiled.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
July 12, 2019 Filing 13 Hearing EXHIBITS re: #10 Document, by Fortune Global Shipping & Logistics (USA), Inc., Eric Opah, filed. (Attachments: #1 Exhibit SDNY Docket Sheet, #2 Exhibit Doc. 1--Complaint, #3 Exhibit Doc. 1-1--Exhibit 1, #4 Exhibit Doc. 1-2--Exhibit 2, #5 Exhibit Doc. 1-3--Exhibit 3, #6 Exhibit Doc. 1-4--Exhibit 4, #7 Exhibit Doc. 1-5--Exhibit 5, #8 Exhibit Doc. 1-6--Exhibit 6, #9 Exhibit Doc. 1-7--Exhibit 7, #10 Exhibit Doc. 2--Civil Cover Sheet, #11 Exhibit Doc. 3--Order of Attachment, #12 Exhibit Doc. 4--Writ of Attachment, #13 Exhibit Doc. 7--Amended Verified Complaint, #14 Exhibit Doc. 7-1--Exhibit 1, #15 Exhibit Doc. 7-2--Exhibit 2, #16 Exhibit Doc. 7-3--Exhibit 3, #17 Exhibit Doc. 7-4--Exhibit 4, #18 Exhibit Doc. 7-5--Exhibit 5, #19 Exhibit Doc. 7-6--Exhibit 6, #20 Exhibit Doc. 7-7--Exhibit 7, #21 Exhibit Doc. 7-8--Exhibit 8, #22 Exhibit Doc. 8--Plaintiff's Corporate Disclosure, #23 Exhibit Doc. 9--Affidavit of Celinda Metro, #24 Exhibit Doc. 10--Affidavit of Celinda Metro, #25 Exhibit Doc. 11--Order of Attachment)(Winton, James)
July 11, 2019 Filing 12 NOTICE of Appearance by Samuel B. Haren on behalf of WAG SPV I, LLC, filed. (Haren, Samuel)
July 11, 2019 Filing 11 ANSWER to #4 Amended Complaint/Counterclaim/Crossclaim etc. by Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah, filed.(Winton, James)
July 10, 2019 Filing 10 Correspondence to Honorable Nancy Atlas (Response to Document 8) by Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Winton, James)
July 9, 2019 Opinion or Order Filing 9 ORDER Hearing set for 7/11/2019 at 02:00 PM at Courtroom 9F before Judge Nancy F Atlas on Plaintiff's letter [Doc. # 8] dated July 9, 2019.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
July 9, 2019 Filing 8 Correspondence to Court re Response Deadline by WAG SPV I, LLC, filed.(Haren, Samuel)
June 21, 2019 Filing 7 MOTION to Dismiss #4 Amended Complaint/Counterclaim/Crossclaim etc. by Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah, filed. (Attachments: #1 Proposed Order)(Winton, James)
May 29, 2019 Filing 6 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summon, #2 Summon)(hlerma, 4)
May 28, 2019 Filing 5 Request for Issuance of Summons as to Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah, filed. (Attachments: #1 Complaint Request for Issuance (Fortune Global), #2 Complaint Request for Issuance (Opah))(Meade, Andrew)
May 24, 2019 Filing 4 AMENDED COMPLAINT against Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah filed by WAG SPV I, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Meade, Andrew)
May 7, 2019 Opinion or Order Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/26/2019 at 01:00 PM in Courtroom 9F before Judge Nancy F Atlas. (Signed by Judge Nancy F Atlas) Parties notified.(SarahShelbyadi, 4)
May 7, 2019 Summons Issued as to Fortune Global Shipping & Logistics (USA), Inc., Fortune Global Shipping & Logistics, Ltd., Eric Opah. Issued summons delivered to plaintiff by First-class mail, filed.(sanderson, 4)
May 6, 2019 Filing 2 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Complaint Request for Issuance (Fortune USA), #2 Complaint Request for Issuance (Opah))(Meade, Andrew)
May 6, 2019 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-22377212) filed by WAG SPV I, LLC, Hark Capital I, LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(Meade, Andrew)

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Plaintiff: Hark Capital I, LP
Represented By: Andrew K Meade
Represented By: Leann Meredith Pinkerton
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Plaintiff: WAG SPV I, LLC
Represented By: Andrew K Meade
Represented By: Leann Meredith Pinkerton
Represented By: Samuel Branaman Haren
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Defendant: Fortune Global Shipping & Logistics (USA), Inc.
Represented By: Erika Jean Lindberg
Represented By: James C Winton
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Defendant: Fortune Global Shipping & Logistics, Ltd.
Represented By: Erika Jean Lindberg
Represented By: James C Winton
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Defendant: Eric Opah
Represented By: Erika Jean Lindberg
Represented By: James C Winton
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