Victory Shipping Pte. Ltd. v. 50,109 Metric Tons of Cement, in rem et al
| Victory Shipping Pte. Ltd. |
| 50,109 Metric Tons of Cement, in rem and Texcem LLC, in personam |
| 4:2022cv03689 |
| October 25, 2022 |
| U.S. District Court for the Southern District of Texas |
| George C Hanks |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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Filing 41
ORDER AND OPINION granting #30 Motion for Reconsideration; Court Vacates Dkt #28 Order; Court denied in-part and granted in-part Dkts #21 Motion and #38 Letter; Court reinstates Dkt #10 Order; and Court vacates Dkt #11 Order. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 40
ORDER granting #39 Motion.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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Filing 39
MOTION to Substitute Custodian by Victory Shipping Pte. Ltd., filed. Motion Docket Date 1/3/2023. (Attachments: #1 Proposed Order)(Walters, Kevin)
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Filing 38
Texcem's Position Letter by Texcem LLC, in personam, filed.(Latzman, Joshua)
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Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on December 8, 2022. Status Conference held. Texcem made oral motion to vacate the arrest. Court ordered Texcem to submit letter explaining why it believes the arrest should be vacated. Appearances: Kevin Walters and Blake Bachtel for Plaintiff, Rob Wilkins and Josh Latzman for Defendant TEXCEM LLC. (Court Reporter: L. Wells), filed.(rcastro, 3)
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Filing 37
CONSENT AGREEMENT re: 50,109 Metric Tons of Cement of Kevin Clarke, Global Maritime Security, filed.(gclair, 4)
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Filing 36
NOTICE of Setting. Parties notified. Status Conference set for 12/8/2022 at 11:00 AM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3)
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Filing 35
RESPONSE to #31 Order , filed by Texcem LLC, in personam. (Latzman, Joshua)
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Filing 34
NOTICE of Setting. Parties notified. Status Conference set for 12/1/2022 at 04:00 PM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3)
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Filing 33
DECLARATION of Guy Smith, filed.(Walters, Kevin)
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Filing 32
DECLARATION of Blake Bachtel, filed.(Walters, Kevin)
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Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on December 1, 2022. Status Conference held. Appearances: Kevin Walters and Blake Bachtel for Plaintiff, Josh Latzman for Defendant TEXCEM LLC. (Court Reporter: L. Wells), filed.(rcastro, 3)
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Filing 31
ORDER Texcem's Response due by 12/2/2022.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3)
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Filing 30
MOTION Objections to the Order and Opinion, Motion for Reconsideration, and Motion for Stay Pending Reconsideration and/or Appeal by Victory Shipping Pte. Ltd., filed. Motion Docket Date 12/14/2022. (Attachments: #1 Proposed Order, #2 Proposed Order)(Walters, Kevin)
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Filing 29
ORDER STAYING re #28 order. Therefore, I will STAY my Opinion and Order vacating the attachment, provided that Victory Shipping files objections to my order by 5:00 pm on Wednesday, November 23, 2022. (Signed by Magistrate Judge Andrew M Edison) (Attachments: #1 Exhibit A) Parties notified.(rcastro, 3)
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Filing 28
ORDER AND OPINION granting #21 MOTION to Vacate #10 Order. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 27
Plaintiff Victory Shipping Pte. Ltd.'s Post Rule E(4)(f) Hearing Brief in Support of Attachment and Arrest by Victory Shipping Pte. Ltd., filed.(Walters, Kevin)
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Filing 26
Supplemental BRIEF in Support of its Motion for Vacatur re: #25 Order, by Texcem LLC, in personam, filed.(Latzman, Joshua)
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Filing 25
ORDER re dkt #21 MOTION to Vacate #10 Order and #22 Plaintiff's Rule E(4)(f) Hearing Brief in Support of Attachment and Arrest. Court ordered parties to submit, by noon on Tuesday, November 15, 2022, supplemental briefing that addresses only specific issues. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on November 8, 2022. Motion Hearing held Dkt #21 Motion to Vacate #10 Order. Court heard oral arguments. Took matter under advisement. Appearances: Kevin Walters and Blake Bachtel for Plaintiff, Rob Wilkins, Josh Latzman and Reeny Philip for Defendant TEXCEM LLC. (ERO: yes), filed.(rcastro, 3)
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Filing 24
NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re #21 MOTION to Vacate #10 Order, filed. (jegonzalez, 4)
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Filing 23
DECLARATION of Alex Booth re: #22 Document, filed.(Walters, Kevin)
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Filing 22
Plaintiff's Rule E(4)(f) Hearing Brief in Support of Attachment and Arrest by Victory Shipping Pte. Ltd., filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Walters, Kevin)
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Filing 21
MOTION to Vacate #10 Order by Texcem LLC, in personam, filed. Motion Docket Date 11/25/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order)(Latzman, Joshua)
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Filing 20
ORDER granting #19 Motion for Order Authorizing Survey. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 19
MOTION for Order Authorizing Survey - Emergency by Victory Shipping Pte. Ltd., filed. Motion Docket Date 11/25/2022. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Walters, Kevin)
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Minute Entry: Texcem LLC is ordered in inform the Court by 6 pm today whether it opposes the Emergency Motion for Order Authorizing Survey (Dkt. 19) and, if so, the reasons for the opposition. (rcastro, 3)
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The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4)
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Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on October 31, 2022. Status Conference held. Court set a post-seizure hearing under Fed. R. Civ. P. Adm. Supp. R. E(4)(f) for 11/8/2022 at 1:00 PM by video before Magistrate Judge Andrew M. Edison. Parties to submit briefs by 11/4/2022. Appearances: Kevin Walters and Blake Bachtel for Plaintiff, Rob Wilkins and Josh Walters for Defendants. (ERO: yes), filed.(rcastro, 3)
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Filing 18
CERTIFICATE OF INTERESTED PARTIES by Victory Shipping Pte. Ltd., filed.(Walters, Kevin)
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Filing 17
NOTICE of Setting. Parties notified. Status Conference set for 10/31/2022 at 02:30 PM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3)
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Filing 16
RETURN of Service Executed as to Garnishee or person who has her custody of cement on 10/28/2022 re: Complaint, filed.(DarleneHansen, 4)
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Filing 15
RETURN of Service Executed as to Garnishee or person who has her custody of cement on 10/28/2022 re: Warrant, Order, PMAG, filed.(DarleneHansen, 4)
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Filing 14
RETURN of Service of SUMMONS Executed as to 50,109 Metric Tons of Cement, in rem served on 10/28/2022, answer due 11/18/2022, filed.(DarleneHansen, 4)
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Filing 13
RETURN of Service Executed as to 51,109 Metric Tons of Cement on 10/28/2022 re: Warrant, Order, PMAG, filed.(DarleneHansen, 4)
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Filing 12
WARRANT to Seize Cargo issued. (rcastro, 3)
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Filing 11
**VACATED per order docketed at entry #41 **ORDER granting #4 Motion for Order to Seize. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3) Modified on 12/16/2022 (rcastro, 3).
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Filing 10
**REINSTATED per order docketed at entry #41 ** ORDER Authorizing the Issuance of Process of Maritime Attachment and Garnishment re dkt #3 . (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3) Modified on 11/21/2022 (rcastro, 3). Modified on 12/16/2022 (rcastro, 3).
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Filing 9
ORDER granting #3 Motion for Issuance of Process of Maritime Attachment and Garnishment. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 8
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/18/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(ShannonHolden, 4)
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Filing 7
Summons Issued as to 50,109 Metric Tons of Cement, in rem, Texcem LLC, in personam. Issued summons delivered to plaintiff by NEF, filed. (Attachments: #1 Summons) (BrandisIsom, 4)
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Filing 6
NOTICE of Appearance by Blake E. Bachtel on behalf of Victory Shipping Pte. Ltd., filed. (Bachtel, Blake)
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Filing 5
AFFIDAVIT of Kevin P. Walters re: #3 MOTION for Issuance of Process of Maritime Attachment and Garnishment, filed.(Walters, Kevin)
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Filing 4
MOTION for Order to Seize by Victory Shipping Pte. Ltd., filed. Motion Docket Date 11/15/2022. (Attachments: #1 Exhibit, #2 Proposed Order)(Walters, Kevin)
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Filing 3
MOTION for Issuance of Process of Maritime Attachment and Garnishment by Victory Shipping Pte. Ltd., filed. Motion Docket Date 11/15/2022. (Attachments: #1 Exhibit, #2 Proposed Order)(Walters, Kevin)
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Filing 2
Request for Issuance of Summons as to 50,109 Metric Tons of Cement, in rem, Texcem LLC, in personam, filed. (Attachments: #1 Exhibit Summons)(Walters, Kevin)
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Filing 1
COMPLAINT against 50,109 Metric Tons of Cement, in rem, Texcem LLC, in personam (Filing fee $ 402 receipt number ATXSDC-28975271) filed by Victory Shipping Pte. Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Walters, Kevin)
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