BBC Chartering Carriers GmbH & Co. KG v. Ferreyros, S.A. et al
| BBC Chartering Carriers GmbH & Co. KG |
| Caterpillar, Inc., Ferreyros, S.A. and Forbis Logistics Corp. |
| Starr Indemnity & Liability Company |
| 4:2020cv01934 |
| June 2, 2020 |
| US District Court for the Southern District of Texas |
| Charles Eskridge |
| David Hittner |
| Contract: Marine |
| 46 U.S.C. § 1300 Carriage of Goods by Sea Act |
| None |
Docket Report
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Filing 38
ORDER re: All claims and counterclaims are DISMISSED WITH PREJUDICE. Plaintiff may move within ninety days to reinstate claims against Defendants if approval of documentation or condition precedent fails. Case terminated on 03/14/2022(Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4) (Main Document 38 replaced on 3/15/2022) (JosephWells, 4).
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| Filing 37 NOTICE of Settlement by Starr Indemnity & Liability Company, filed. (Moll, Robert) |
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Filing 36
ORDER re: The motion by Defendant Starr Indemnity & Liability Company for reconsideration of its motion for summary judgment is denied. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Main Document 36 replaced on 12/29/2021) (jengonzalez, 4).
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Filing 35
ORDER re: The motion by Counter-Plaintiff Starr Indemnity & Liability Company to reconsider the previous order denying reconsideration of Starr's summary judgment motion is GRANTED. Dkt #32 . The prior order denying the motion by Starr for reconsideration is VACATED. Dkt #27 . The Court will consider anew the underlying motion by Starr for reconsideration. Dkts #23 & #26 .(Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4)
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| Filing 34 CERTIFICATE OF INTERESTED PARTIES by BBC Chartering Carriers GmbH & Co. KG, filed.(Waguespack, Jason) |
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Filing 33
MINUTE ENTRY AND ORDER for proceedings before Judge Charles Eskridge. Status conference. All parties present via Zoom. Parties provided update on settlement discussions. Defendants requested and received leave to file a motion for reconsideration of the motion by Defendants for summary judgment. Dkt 13. The Parties were instructed to file a proposed amended scheduling and docket control order. Appearances: Andrew V Waters f/ Plaintiff; Robert Glen Moll f/ Defendant. Ct Reporter: ERO. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 32 MOTION for Reconsideration by Starr Indemnity & Liability Company, filed. Motion Docket Date 10/13/2021. (Moll, Robert) |
| Filing 31 Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by BBC Chartering Carriers GmbH & Co. KG, filed.(Waguespack, Jason) |
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Filing 30
ORDER re: The parties must file a proposed amended scheduling and docket control order, while noting all deadlines that have previously expired. They must also file a Joint Discovery/Case Management Plan in accord with Section 9(b) of this Court's procedures by September 17, 2021. Status Conference set for 9/22/2021 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 29 NOTICE of Reassignment. Case reassigned to Judge Charles Eskridge. Judge David Hittner no longer assigned to the case. Parties notified, filed. (dhansen, 4) |
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Filing 28
RECUSAL ORDER. Judge David Hittner recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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Filing 27
ORDER denying #23 Motion for Reconsideration of Motion for Summary Judgment.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 26 RESPONSE in Opposition to #23 MOTION for Reconsideration of #13 MOTION for Summary Judgment , filed by BBC Chartering Carriers GmbH & Co. KG. (Waguespack, Jason) |
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Filing 25
ORDER granting #24 Motion to Intervene as to Starr Indemnity & Liability Company a/s/o Ferroyros, S.A. and a/s/o Caterpillar, Inc. as counter-plaintiff.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 24 MOTION to Intervene by Starr Indemnity & Liability Company, filed. Motion Docket Date 8/3/2021. (Attachments: #1 Exhibit, #2 Proposed Order)(Moll, Robert) |
| Filing 23 MOTION for Reconsideration of #13 MOTION for Summary Judgment by Starr Indemnity & Liability Company, filed. Motion Docket Date 7/23/2021. (Attachments: #1 Exhibit, #2 Proposed Order)(Moll, Robert) |
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Filing 22
ORDER denying #13 Motion for Summary Judgment; granting #14 Motion for Leave to File; denying #19 Motion for Summary Judgment.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 21 REPLY in Support of #19 MOTION for Summary Judgment or Alternatively Partial Summary Judgment, filed by BBC Chartering Carriers GmbH & Co. KG. (Attachments: #1 Exhibit A)(Waguespack, Jason) |
| Filing 20 RESPONSE in Opposition to #19 MOTION for Summary Judgment or Alternatively Partial Summary Judgment, filed by Starr Indemnity & Liability Company. (Attachments: #1 Exhibit, #2 Proposed Order)(Moll, Robert) |
| Filing 19 MOTION for Summary Judgment or Alternatively Partial Summary Judgment by BBC Chartering Carriers GmbH & Co. KG, filed. Motion Docket Date 4/21/2021. (Attachments: #1 Exhibit A, A-1, A-2, and A-3, #2 Exhibit B, #3 Exhibit C and C-1, #4 Exhibit D and D-1, #5 Proposed Order)(Waguespack, Jason) |
| Filing 18 REPLY in Support of #14 MOTION for Leave to File Answer to Counterclaim, filed by BBC Chartering Carriers GmbH & Co. KG. (Waguespack, Jason) |
| Filing 17 RESPONSE in Opposition to #14 MOTION for Leave to File Answer to Counterclaim, filed by Starr Indemnity & Liability Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Moll, Robert) |
| Filing 16 REPLY in Support of #13 MOTION for Summary Judgment , filed by Starr Indemnity & Liability Company. (Moll, Robert) |
| Filing 15 RESPONSE in Opposition to #13 MOTION for Summary Judgment , filed by BBC Chartering Carriers GmbH & Co. KG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order)(Waguespack, Jason) |
| Filing 14 MOTION for Leave to File Answer to Counterclaim by BBC Chartering Carriers GmbH & Co. KG, filed. Motion Docket Date 3/12/2021. (Attachments: #1 Exhibit Exhibit A - Proposed Answer to Counterclaim, #2 Proposed Order)(Waguespack, Jason) |
| Filing 13 MOTION for Summary Judgment by Starr Indemnity & Liability Company, filed. Motion Docket Date 2/19/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Moll, Robert) |
| Filing 12 NOTICE of Serving Documents by Caterpillar, Inc., filed. (Moll, Robert) |
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Filing 11
SCHEDULING ORDER. Trial Term: September/October 2021. ETT: 3 days. Bench trial. Amended Pleadings due by 9/18/2020. Joinder of Parties due by 9/18/2020 Pltf Expert Witness List due by 11/30/2020. Deft Expert Witness List due by 12/31/2020. Discovery due by 2/26/2021. Dispositive Motion Filing due by 3/31/2021. Non-Dispositive Motion Filing due by 3/31/2021. Joint Pretrial Order due by 8/31/2021.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 10 Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 8/19/2020. Scheduling order issued. Appearances: Andrew V Waters, Robert Glen Moll.(Court Reporter: J. Sanchez), filed.(jmarchand, 4) |
| Filing 9 JOINT DISCOVERY/CASE MANAGEMENT PLAN by BBC Chartering Carriers GmbH & Co. KG, filed.(Waguespack, Jason) |
| Filing 8 NOTICE of Dismissal as to Forbis Logistics Corp. by BBC Chartering Carriers GmbH & Co. KG, filed. (Waguespack, Jason) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Caterpillar, Inc., filed.(Moll, Robert) |
| Filing 6 ANSWER to #1 Complaint, COUNTERCLAIM against BBC Chartering Carriers GmbH & Co. KG by Caterpillar, Inc., filed.(Moll, Robert) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by BBC Chartering Carriers GmbH & Co. KG, filed.(Waguespack, Jason) |
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Filing 4
ORDER granting #3 Motion for Andrew V. Waters to Appear Pro Hac Vice.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 3 MOTION for Andrew V. Waters to Appear Pro Hac Vice by BBC Chartering Carriers GmbH & Co. KG, filed. Motion Docket Date 6/29/2020. (Waguespack, Jason) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/19/2020 at 10:00 AM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(ChristopherSarratadi, 4)
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| Filing 1 COMPLAINT against Caterpillar, Inc., Ferreyros, S.A., Forbis Logistics Corp. (Filing fee $ 400 receipt number 0541-24742451) filed by BBC Chartering Carriers GmbH & Co. KG. (Attachments: #1 Civil Cover Sheet)(Waguespack, Jason) |
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