Cape Charles Marine Services, Inc. v. Underhill et al
Plaintiff: Cape Charles Marine Services, Inc.
Defendant: Keith Underhill and M/Y Briar Patch (Hull Number CDRN9021L293)
Case Number: 2:2022cv00446
Filed: October 26, 2022
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Elizabeth W Hanes
Referring Judge: Douglas E Miller
Nature of Suit: Contract: Marine
Cause of Action: 46 U.S.C. ยง 31301 Ship Mortgage Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2022 Filing 18 Right of Interest filed by Keith Underhill (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Envelope) (dbra, ).
December 12, 2022 Opinion or Order Filing 17 ORDER amending deadline in ECF No. 16. If Defendant wishes to assert a right possession or ownership interest in the property subject to the in rem claim, he is DIRECTED to file a verified Statement or Right of Interest no later than December 27, 2022. Signed by District Judge Elizabeth W. Hanes on 12/12/2022. (copies distributed as directed)(dbra, )
December 9, 2022 Opinion or Order Filing 16 ORDER - the Court acknowledges the voluntary dismissal without prejudice of Plaintiff's in personam claim against Defendant Keith Underhill. Defendant Underhill's Motion to Dismiss #14 is DENIED AS MOOT. Defendant Underhill is DIRECTED to file a verified Statement or Right of Interest no later than December 23, 2023. Signed by District Judge Elizabeth W. Hanes on 12/9/2022. (copies distributed as instructed) (dbra, )
December 6, 2022 Filing 15 NOTICE of Voluntary Dismissal as to Keith Underhill on the In Personam Claim by Cape Charles Marine Services, Inc. (Henderson, Marissa)
November 28, 2022 Refer for 16(b) (dbra, )
November 22, 2022 Filing 14 MOTION to Dismiss by Keith Underhill. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Envelope)(dbra, )
November 17, 2022 Filing 13 NOTICE by Cape Charles Marine Services, Inc. Notice of Filing Affidavit of Publication (Ventker, David)
November 4, 2022 Filing 12 SUMMONS Returned Executed Keith Underhill served on 10/29/2022. (dbra, ).
November 3, 2022 Opinion or Order Filing 11 ORDER OF PUBLICATION: It is ORDERED that notice be published once in the Virginian-Pilot Newspaper and that Plaintiff shall file with the Clerk a copy of the Notice that was published. Signed by District Judge Elizabeth W. Hanes on 11/3/2022. (Attachments: #1 Notice) (dbra, )
October 31, 2022 Filing 10 MOTION for Order of Publication by Cape Charles Marine Services, Inc.. (Attachments: #1 Exhibit A - Proposed Order of Publication, #2 Exhibit B - Proposed Rule C(4) Notice of Arrest for Publication)(Henderson, Marissa)
October 26, 2022 Filing 9 Summons Issued and delivered to USM as to Keith Underhill, (Attachments: #1 Motion Procedures)(afar)
October 26, 2022 Opinion or Order Filing 7 ORDER Appointing Substitute Custodian. Signed by District Judge Elizabeth W. Hanes on 10/26/22. (afar)
October 26, 2022 Opinion or Order Filing 6 ORDER Authorizing Warrant For Arrest. Signed by District Judge Elizabeth W. Hanes on 10/26/22. (afar)
October 26, 2022 Filing 5 Proposed Summons for Keith Underhill by Cape Charles Marine Services, Inc.. (Ventker, David) (Main Document 5 replaced on 10/26/2022) (afar, ). (Main Document 5 replaced on 10/26/2022) (afar, ).
October 26, 2022 Filing 4 MOTION Appointment of a Substitute Custodian Motion for Appointment of a Substitute Custodian and Memorandum in Support by Cape Charles Marine Services, Inc.. (Attachments: #1 Exhibit A- Custodian Indemnification Agreement, #2 Exhibit B- Certificate of Insurance, #3 Proposed Order Appointing Substitute Custodian)(Ventker, David)
October 26, 2022 Filing 3 MOTION Authorizing Warrant for Arrest of Vessel Motion for Order Authorizing Warrant for Arrest and Memorandum in Support by Cape Charles Marine Services, Inc.. (Attachments: #1 Proposed Order Proposed Order Authorizing Warrant for Arrest, #2 Exhibit A to Proposed Order (Proposed Warrant of Arrest))(Ventker, David)
October 26, 2022 Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Cape Charles Marine Services, Inc. (Ventker, David)
October 26, 2022 Filing 1 Complaint Verified Complaint with Request for Supplemental Rule C Warrant of Arrest ( Filing fee $ 402, receipt number AVAEDC-8629317.), filed by Cape Charles Marine Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- Dockage Contract, #3 Exhibit B- Customer Statement)(Ventker, David)

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Plaintiff: Cape Charles Marine Services, Inc.
Represented By: Marissa Marriott Henderson
Represented By: David Neil Ventker
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Defendant: Keith Underhill
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Defendant: M/Y Briar Patch (Hull Number CDRN9021L293)
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