Genco Constellation Ltd. v. BG Shipping Co. Ltd.
| Genco Constellation Ltd. |
| BG Shipping Co. Ltd. |
| SPDBFL No. 53 |
| 4:2023cv00365 |
| February 2, 2023 |
| US 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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Filing 62
ORDER granting #61 Stipulation re: Extension of Time for Plaintiff Genco Constellation Ltd. to Respond to SPDBFL No. Fifty-Three (Tianjin) Shipping Leasing Company Limited's Objections to Memorandum and Recommendation. (Response by Genco due by 4/5/2023.)(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 61 STIPULATION re: Extension of Time for Plaintiff Genco Constellation Ltd. to Respond to SPDBFL No. Fifty-Three (Tianjin) Shipping Leasing Company Limited's Objections to Memorandum and Recommendation by Genco Constellation Ltd., filed.(Walters, Kevin) |
| Filing 60 SEALED EXHIBITS to Declaration of Dong Hanyi re: #59 Supplement by SPDBFL No. 53, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Bailey, James) |
| Filing 59 SUPPLEMENT to #57 Objections to Memorandum and Recommendations by SPDBFL No. 53, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bailey, James) |
| Filing 58 NOTICE of Restricted Appearance of Counsel by BG Shipping Co. Ltd., filed. (Cooper, J) |
| Filing 57 OBJECTIONS to #40 Memorandum and Recommendations, filed by SPDBFL No. 53. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bailey, James) |
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Filing 56
ORDER granting #50 Unopposed MOTION for Extension of Time to File Objections to Memorandum and Recommendation. It is further, ORDERED that SPD's objections to the February 15, 2023, Memorandum and Recommendation (D.E. No. 40) must be filed by March 8, 2023. (Signed by Judge George C Hanks, Jr) Parties notified.(KimberlyPicota, 4)
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| Filing 55 RETURN of Service Executed as to B G Shipping Co, Ltd on 2-27-2023 re: Consent to Release Vessel, filed.(DarleneHansen, 4) |
| Filing 54 CLERKS NOTICE OF CANCELLATION Status Conference set for 2/27/2023 at 04:30 PM is CANCELED. Parties notified, filed. (rcastro, 3) |
| Filing 53 Consent to Release of the Vessel by Genco Constellation Ltd., filed.(Walters, Kevin) |
| Filing 52 NOTICE of Setting. Parties notified. Status Conference set for 2/27/2023 at 04:30 PM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3) |
| Filing 51 AO 435 TRANSCRIPT REQUEST by James T. Bailey for Transcript of Motion Hearings on 2/7/23 and 2/13/23 before Judge Edison. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Bailey, James) Electronically forwarded to Veritext Legal Solutions on 2/27/23. Estimated completion date: 2/28/23. Modified on 2/27/2023 (RachelWillborg, 4). |
| Filing 50 Unopposed MOTION for Extension of Time to File Objections to Memorandum and Recommendation by SPDBFL No. 53, filed. Motion Docket Date 3/17/2023. (Attachments: #1 Proposed Order)(Bailey, James) |
| Filing 49 RETURN of Service Executed as to Master or Captain of the M/V BBG HEZHOU IMO. 9922263 on 2/17/2023 re: Complaint, filed.(DarleneHansen, 4) |
| Filing 48 RETURN of Service Executed as to M/V BBG HEZHOU IMO. 9922263 on 2/17/2023 re: Complaint, filed.(DarleneHansen, 4) |
| Filing 47 RETURN of Service BG Shipping Co Ltd. Master of Captai of M/V BBG, filed.(hlerma, 4) |
| Filing 46 RETURN of Service of SUMMONS Executed as to BG Shipping Co. Ltd. served on 2/17/2023, answer due 3/10/2023, filed.(hlerma, 4) |
| Filing 45 Amended Process of Maritime Attachment and Garnishment, filed.(agould, 3) |
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Filing 44
ORDER granting #43 Motion.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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| Filing 43 MOTION for Issuance of Amended Process of Maritime Attachment and Garnishment by Genco Constellation Ltd., filed. Motion Docket Date 3/9/2023. (Attachments: #1 Exhibit Amended Process of Maritime Attachment and Garnishment, #2 Proposed Order Authorizing the Issuance of Amended Process of Maritime Attachment and Garnishment)(Walters, Kevin) |
| Filing 42 SEALED Second Amended Complaint by Genco Constellation Ltd.,filed. (rcastro, 3) |
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Filing 41
ORDER granting #31 MOTION for Leave to File Verified Second Amended Complaint..(Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3), filed. (rcastro, 3)
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| Filing 40 MEMORANDUM AND RECOMMENDATIONS re #12 MOTION to Vacate. Objections to M&R due by 3/1/2023. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3) |
| Filing 39 RESPONSE to #37 Document Genco's Response to Letter from SPD Addressing In re Grubbs, filed by Genco Constellation Ltd.. (Walters, Kevin) |
| Filing 38 NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re: #31 Opposed SEALED MOTION for Leave to File Verified Second Amended Complaint, filed. (bthomas, 4) |
| Filing 37 Letter from SPD Addressing In re Grubbs by SPDBFL No. 53, filed.(Bailey, James) |
| Filing 36 NOTICE of Setting re: #12 MOTION to Vacate. Parties notified. Motion Hearing set for 2/13/2023 at 04:00 PM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3) |
| Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on February 13, 2023. Judge Edison raised various questions he had on the Motion to Vacate [Dkt. 12] and gave each side an opportunity to make any further arguments. Judge Edison also asked SPDBFL No. 53s counsel to provide a letter to the Court addressing Gencos argument concerning In re Grubbs Const. Co., 319 B.R. 698, 719 (Bankr. M.D. Fla. 2005). Appearances: Kevin Walters, Dimitri Georgantas and John Kissane for Plaintiff; James Bailey for SPDBFL No. 53 (ERO: yes), filed.(rcastro, 3) |
| 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) |
| Filing 34 SEALED SURREPLY to Genco's Sur-Reply by SPDBFL No. 53, filed. (Bailey, James) |
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Filing 33
ORDER re #12 Motion to Vacate.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(rcastro, 3)
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Filing 35
ORDER granting #26 Motion for John G. Kissane to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(JacquelineMata, 4)
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| Filing 32 NOTICE of Appearance by Dimitri P. Georgantas on behalf of Genco Constellation Ltd., filed. (Georgantas, Dimitri) |
| Filing 31 Opposed SEALED MOTION for Leave to File Verified Second Amended Complaint by Genco Constellation Ltd., filed. (Attachments: #1 Exhibit, #2 Proposed Order) (Walters, Kevin) |
| Filing 30 SEALED SURREPLY re: #28 Reply to Response to Motion by Genco Constellation Ltd., filed. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6) (Walters, Kevin) |
| Filing 29 SEALED EXHIBITS to Reply to Genco's Response re: #12 MOTION to Vacate by SPDBFL No. 53, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Bailey, James) |
| Filing 28 REPLY to Response to #12 MOTION to Vacate, filed by SPDBFL No. 53. (Bailey, James) |
| Filing 27 Letter from GENCO re: supplemental filing, filed. (rcastro, 3) |
| Filing 26 MOTION for John G. Kissane to Appear Pro Hac Vice by Genco Constellation Ltd., filed. Motion Docket Date 3/1/2023. (Walters, Kevin) |
| Filing 25 CLERKS NOTICE OF CANCELLATION Oral Hearing set for 2/8/2023 at 8:15 AM is CANCELED. Parties notified, filed. (rcastro, 3) |
| Filing 24 STATUS REPORT by Genco Constellation Ltd., filed. (Attachments: #1 Email Exchange)(Walters, Kevin) |
| Filing 23 NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re: #12 MOTION to Vacate, filed. (bthomas, 4) |
| Filing 17 SEALED EXHIBITS re: #12 MOTION to Vacate by SPDBFL No. 53, filed. (Attachments: #1 Exhibit Supplemental, #2 Exhibit Supplemental) (Bailey, James) |
| Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on February 7, 2023. Oral Hearing held on Motion to Vacate [Dkt. 12]. Parties to confer to determine if an agreement can be reached as to outstanding discovery issues. The parties are ordered to submit a letter by end of day on 2/7/23 outlining any discovery disputes. An oral hearing is set for 8:15 AM on 2/8/23 by video before Magistrate Judge Andrew M Edison to discuss discovery issues. If the parties reach an agreement, hearing will be canceled. Appearances: Kevin Walters and Dimitri Georgantas for Plaintiff, James Bailey for Defendants. (ERO: yes), filed.(rcastro, 3) |
| Filing 22 RETURN of Service Executed as to PMAG Captain on 02/03/2023 re: Arrest Paperwork, filed.(ShannonHolden, 4) |
| Filing 21 RETURN of Service Executed as to Vessel BBG HEZ HOU on 02/03/2023 re: Arrest Paperwork, filed.(ShannonHolden, 4) |
| Filing 20 RETURN of Service Executed as to BBG HEZ HOU on 02/03/2023 re: Summons and Complaint, filed.(ShannonHolden, 4) |
| Filing 19 RETURN of Service Executed as to Captain of BBG HEZ HOU on 02/03/2023 re: Summons and Complaint, filed.(ShannonHolden, 4) |
| Filing 18 RETURN of Service Executed as to Wilbert's protection Security Services on 02/04/2023 re: Order Appointing Substitute Custodian, filed.(ShannonHolden, 4) |
| Filing 16 RESPONSE in Opposition to #12 MOTION to Vacate, filed by Genco Constellation Ltd.. (Attachments: #1 Exhibit 1 - Declaration of Michael Phillips, #2 Exhibit 2 - Declaration of John Kissane, #3 Proposed Order)(Walters, Kevin) |
| Filing 15 NOTICE of Setting re: #12 MOTION to Vacate. Parties notified. Motion Hearing set for 2/7/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 3) |
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Filing 14
PROTECTIVE ORDER; granting #13 Unopposed MOTION for Protective Order (Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3)
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| Filing 13 Unopposed MOTION for Protective Order by SPDBFL No. 53, filed. Motion Docket Date 2/27/2023. (Attachments: #1 Proposed Order)(Bailey, James) |
| Filing 12 MOTION to Vacate by SPDBFL No. 53, filed. Motion Docket Date 2/27/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order)(Bailey, James) |
| Filing 11 STATEMENT of Right or Interest by SPDBFL No. 53, filed.(Bailey, James) |
| Filing 10 AMENDED COMPLAINT against BG Shipping Co. Ltd. filed by Genco Constellation Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit Declaration of Patrick Smith)(Walters, Kevin) |
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Filing 9
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/17/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(JacquelineMata, 4)
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| Filing 8 Process of Maritime Attachment and Garnishment, #3 , filed.(agould, 3) |
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Filing 7
ORDER granting #4 Motion Appointing Wilbert's Protection Security Services as Substitute Custodian.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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Filing 6
ORDER granting #3 Motion and Authorizing the Issuance of Process of Maritime Attachment and Garnishment.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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| Filing 5 NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re: #3 MOTION for Issuance of Process of Maritime Attachment and Garnishment; #4 Ex Parte MOTION for Order Appointing Wilbert's Protection Security Services as Substitute Custodian, filed. (bthomas, 4) |
| Filing 4 Ex Parte MOTION for Order Appointing Wilbert's Protection Security Services as Substitute Custodian by Genco Constellation Ltd., filed. Motion Docket Date 2/23/2023. (Attachments: #1 Proposed Order)(Walters, Kevin) |
| Filing 3 MOTION for Issuance of Process of Maritime Attachment and Garnishment by Genco Constellation Ltd., filed. Motion Docket Date 2/23/2023. (Attachments: #1 Affidavit Affidavit of Kevin P. Walters Pursuant to Supplemental Rule B, #2 Exhibit Process of Maritime Attachment and Garnishment, #3 Proposed Order Order Authorizing Issuance of Process of Maritime Attachment and Garnishment)(Walters, Kevin) |
| Filing 2 Request for Issuance of Summons as to BG Shipping Co. Ltd., filed.(Walters, Kevin) |
| Filing 1 COMPLAINT against BG Shipping Co. Ltd. (Filing fee $ 402 receipt number ATXSDC-29409957) filed by Genco Constellation Ltd.. (Attachments: #1 Exhibit Declaration of Patrick Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Civil Cover Sheet)(Walters, Kevin) |
| Summons Issued as to All Defendants. Issued summons delivered to plaintiff in person, filed.(BrendaLacy, 4) |
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