Nexus Underwriting Limited v. Gables Transport Inc.
| Nexus Underwriting Limited |
| Gables Transport Inc. |
| 5:2023cv00099 |
| September 6, 2023 |
| US District Court for the Southern District of Texas |
| John A Kazen |
| Marina Garcia Marmolejo |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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Filing 36
ORDER. The Court GRANTS Defendant Gables Transport Inc.'s #34 Motion for Leave to File a Third-Party Complaint. The Court ORDERS Defendant to refile their Third-Party Complaint with the correct case caption name. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| Filing 35 NOTICE of Resetting. Parties notified. Initial Pretrial and Scheduling Conference RESET to 12/14/2023 at 09:00 AM by video before Magistrate Judge John A Kazen, filed. (JessicaGRodriguez, 5) |
| Filing 34 Unopposed MOTION for Leave to File Third Party ComplaintMotions referred to John A Kazen. by Gables Transport Inc., filed. Motion Docket Date 11/22/2023. (Attachments: #1 Exhibit Third Party Complaint, #2 Proposed Order Proposed Order)(Bale, Jeffrey) |
| Zoom login information for hearing set on 11/2/2023: Join ZoomGov Meetinghttps://www.zoomgov.com/j/1610958369?pwd=MU9GS3p5ckpzMWdieERsdVMzZnVkUT09; Dial In: (669) 254-5252; Meeting ID: 161 095 8369; Passcode: 608354., filed. (JessicaGRodriguez, 5) |
| Filing 33 INITIAL DISCLOSURES by Gables Transport Inc., filed.(Bale, Jeffrey) |
| Filing 32 REPORT of Rule 26(f) Planning Meeting by Nexus Underwriting Limited, filed.(Glynn, Lawrence) |
| Filing 31 DESIGNATION of Jeffrey R. Bale as attorney in charge of Gables Transport Inc., filed.(Bale, Jeffrey) |
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Filing 30
ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES. Initial Pretrial and Scheduling Conference set for 11/2/2023 at 09:00 AM by video before Magistrate Judge John A Kazen. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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Filing 29
ORDER TO TRANSFER CASE to the Laredo Division of the Southern District of Texas. (Signed by Judge George C Hanks, Jr) Parties notified. (LisaTien, 4)
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| Case transferred in from Houston Division on 9/12/23 ; Case Number 4:23-cv-3315. (LisaTien, 4) |
| Filing 28 CERTIFICATE OF INTERESTED PARTIES by Nexus Underwriting Limited, filed.(Glynn, Lawrence) |
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Filing 27
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/3/2024 at 09:00 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge George C Hanks, Jr) Parties notified. (LisaTien, 4)
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| Filing 26 Case electronically transferred in from New York Southern. Case Number 1:23-cv-02475. (LisaTien, 4) |
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Filing 24
STIPULATION AND ORDER PURSUANT TO 28 U.S.C. SECTION 1404(a): IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, attorneys representing all of the parties in the above-entitled action, that pursuant to 28 U.S.C. 1404(a), this case be transferred to the Southern District of Texas and that Defendants shall waive any defenses based upon jurisdiction and venue. Application GRANTED. The parties' stipulation is construed as a request for transfer of venue to the Southern District of Texas. That request is granted. So Ordered. The Clerk of Court is respectfully directed to close this matter and transfer the case to the Southern District of Texas. (Signed by Judge Lorna G. Schofield on 8/22/2023) (tg)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Texas.(tg) |
| Filing 23 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Gables Transport Inc...(Hourican, Timothy) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/21/2023 (nd). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Timothy Hourican to RE-FILE Document No. #23 Proposed Order,. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order; Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF.. (nd) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/23/2023.(sge) |
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Filing 22
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). A referral for participation in the Mediation Program will issue separately. Amended Pleadings due by 9/1/2023. Joinder of Parties due by 9/1/2023. Deposition due by 11/8/2023. Fact Discovery due by 11/8/2023. Expert Discovery due by 12/22/2023. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. Pre-Motion Conference set for 1/3/2024 at 04:10 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Courts calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. (Signed by Judge Lorna G. Schofield on 7/7/2023) (mml)
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Filing 21
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program to take place by September 1, 2023. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in interstate cargo disputes.SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/21/2023. (Signed by Judge Lorna G. Schofield on 7/7/2023) (jca)
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Filing 20
ORDER It is hereby ORDERED that the July 12, 2023, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant seeks to file a motion to dismiss or to transfer venue, it shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, the parties' request for a referral for settlement discussions through the S.D.N.Y. Mediation Program is GRANTED. A referral order will issue separately. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 7/7/2023) (jca)
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| Filing 19 PROPOSED CASE MANAGEMENT PLAN. Document filed by Nexus Underwriting Limited..(Glynn, Lawrence) |
| Filing 18 LETTER addressed to Judge Lorna G. Schofield from Lawrence C. Glynn dated July 5, 2023 re: Joint Status Letter. Document filed by Nexus Underwriting Limited..(Glynn, Lawrence) |
| Filing 17 ANSWER to #1 Complaint. Document filed by Gables Transport Inc...(Brown, Robert) |
| Filing 16 NOTICE OF APPEARANCE by Michael Patrick Naughton on behalf of Gables Transport Inc...(Naughton, Michael) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gables Transport Inc...(Brown, Robert) |
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter filed by Nexus Underwriting Limited. ENDORSEMENT: Application GRANTED. The conference scheduled for June 28, 2023, is ADJOURNED to July 12, 2023, at 4:10 P.M. The parties shall file the joint status letter and proposed case management plan by July 5, 2023. No further extensions shall be granted absent a showing of compelling circumstances. So Ordered. ( Initial Conference set for 7/12/2023 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/21/2023) (ate)
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| Filing 13 LETTER addressed to Judge Lorna G. Schofield from Lawrence C. Glynn dated June 20, 2023 re: Joint Status Letter. Document filed by Nexus Underwriting Limited..(Glynn, Lawrence) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Gables Transport Inc. served on 6/6/2023, answer due 6/27/2023. Service was accepted by Martha Lamazares. Document filed by Nexus Underwriting Limited..(Glynn, Lawrence) |
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter filed by Nexus Underwriting Limited. ENDORSEMENT: Application GRANTED. The conference scheduled for June 7, 2023, is ADJOURNED to June 28, 2023, at 4:10 P.M. to allow Defendant to appear. The conference will be telephonic and will take place on the following line: 888-363-4749; access code 558-3333. The parties shall file the required joint letter and proposed case management plan by June 21, 2023. So Ordered. (Initial Conference set for 6/28/2023 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/31/2023) (mml)
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| Filing 10 LETTER addressed to Judge Lorna G. Schofield from Lawrence C. Glynn dated May 30, 2023 re: Status Report (Service of Process). Document filed by Nexus Underwriting Limited..(Glynn, Lawrence) |
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Filing 9
MEMO ENDORSEMENT on re: #8 Letter filed by Nexus Underwriting Limited. ENDORSEMENT: Application GRANTED. The conference scheduled for May 10, 2023, is ADJOURNED to June 7, 2023, at 4:10 P.M. The conference will be telephonic and will be held on the following line: 888-363-4749; access code 558-3333. The start time is approximate, but the parties shall be prepared to being at the scheduled time. The parties shall file the joint letter and proposed case management plan, as described in the order issued on March 24, 2023, by May 31, 2023. So Ordered. ( Initial Conference set for 6/7/2023 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/5/2023) (vfr)
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| Filing 8 LETTER addressed to Judge Lorna G. Schofield from Lawrence C. Glynn dated May 5, 2023 re: Status Report (Service of Process). Document filed by Nexus Underwriting Limited..(Glynn, Lawrence) |
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Filing 7
ORDER: It is hereby ORDERED that if Plaintiff has been in communication with Defendant, then the parties shall file the joint status letter and proposed case management plan as soon as possible and no later than May 5, 2023. If Plaintiff has not been in communication with Defendant, it shall file a status letter regarding its efforts to serve Defendants and request an adjournment of the initial conference as soon as possible, and no later than May 5, 2023. (Signed by Judge Lorna G. Schofield on 5/04/2023) (ama)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Gables Transport Inc.. (vf) |
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Filing 5
ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. As further set forth by this Order. Initial Conference set for 5/10/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/24/2023) (tg)
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| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Gables Transport Inc., re: #1 Complaint. Document filed by Nexus Underwriting Limited..(Glynn, Lawrence) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lawrence Caruso Glynn. The following case opening statistical information was erroneously selected/entered: County code Queens. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nexus Underwriting Limited..(Glynn, Lawrence) |
| Filing 2 CIVIL COVER SHEET filed..(Glynn, Lawrence) |
| Filing 1 COMPLAINT against Gables Transport Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27510350)Document filed by Nexus Underwriting Limited..(Glynn, Lawrence) |
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| Plaintiff: Nexus Underwriting Limited | |
| Represented By: | Lawrence Caruso Glynn |
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| Defendant: Gables Transport Inc. | |
| Represented By: | Michael Patrick Naughton |
| Represented By: | Robert Jan Brown |
| Represented By: | Jeffrey R Bale |
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