Harley Marine Services, Inc. et al v. Fathom Marine, Inc.
| Olympic Tug and Barge, Inc., Harley Marine Services, Inc., Harley Marine Services Inc, Olympic Tug and Barge Inc and Pacific Coast Maritime Inc |
| Fathom Marine, Inc., Fathom Marine Inc and Fathom Energy, Inc. |
| 2:2017cv00856 |
| June 2, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| Marsha J Pechman |
| Contract: Marine |
| 28 U.S.C. § 1333 |
| None |
Docket Report
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This docket was last retrieved on August 28, 2018. A more recent docket listing may be available from PACER.
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Filing 46
ORDER granting parties' #45 Stipulated Motion dismissing lawsuit with prejudice. Signed by Judge Marsha J. Pechman. (PM)
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| Filing 45 Stipulated MOTION to Dismiss with Prejudice, filed by Defendants Fathom Energy, Inc., Fathom Marine Inc. Noting Date 8/27/2018, (Nicoll, Christopher) |
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Filing 44
ORDER OF DISMISSAL: Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 60 days of the date of this order. Any trial date and pretrial dates previously set are hereby VACATED. Signed by Judge Marsha J. Pechman. (RM)
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Filing 43
AMENDED STIPULATION AND ORDER TO AMEND TRIAL SCHEDULE: FRCP 26f Conference Deadline is 7/20/2018, Discovery Motions due by 9/21/2018, Discovery completed by 9/21/2018. All other deadlines remain the same pursuant to the previous Order #12 . Signed by Judge Marsha J. Pechman. (PM)
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| Filing 42 STIPULATION AND PROPOSED ORDER (Amended) by parties re #40 Stipulation (Krisher, Mark) |
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Filing 41
ORDER denying without prejudice the parties' #40 Stipulated motion and proposed order amending order setting trial date. Signed by Judge Marsha J. Pechman. (PM)
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| Filing 40 STIPULATION AND PROPOSED ORDER TO AMEND THE TRIAL SCHEDULE by parties (Krisher, Mark) |
| Filing 39 REPLY SUPPLEMENTAL DECLARATION of Mark A. Krisher, filed by Plaintiff Olympic Tug and Barge Inc, TO RESPONSE to #29 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Waller, Thomas) Modified on 6/8/2018 to correct description of document per phone call from counsel(PM). |
| Filing 38 REPLY, filed by Plaintiff Olympic Tug and Barge Inc, TO RESPONSE to #29 MOTION for Partial Summary Judgment (Waller, Thomas) |
| NOTICE of Docket Text Modification re #39 Reply to Response to Motion: edited text to correct description of document from Reply to Supplemental Declaration of Mark A. Krisher, per phone call from counsel. (PM) |
| Filing 37 DECLARATION of Christopher W. Nicoll filed by Defendants Fathom Energy, Inc., Fathom Marine Inc re #29 MOTION for Partial Summary Judgment (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 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Nicoll, Christopher) |
| Filing 36 DECLARATION of Niels A. Gram filed by Defendants Fathom Energy, Inc., Fathom Marine Inc re #29 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit)(Nicoll, Christopher) |
| Filing 35 DECLARATION of Chris P. Reilly filed by Defendants Fathom Energy, Inc., Fathom Marine Inc re #29 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1)(Nicoll, Christopher) |
| Filing 34 RESPONSE, by Defendants Fathom Energy, Inc., Fathom Marine Inc, to #29 MOTION for Partial Summary Judgment . (Attachments: #1 Proposed Order)(Nicoll, Christopher) |
| Filing 33 NOTICE that the following is RE-NOTED: #29 MOTION for Partial Summary Judgment . Filed by Plaintiff Olympic Tug and Barge Inc. Noting Date 6/8/2018, (Krisher, Mark) |
| Filing 32 DECLARATION of Capt. John Emmel filed by Counter Defendant Olympic Tug and Barge Inc, Plaintiff Olympic Tug and Barge Inc re #29 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Krisher, Mark) |
| Filing 31 DECLARATION of Matthew Godden filed by Counter Defendant Olympic Tug and Barge Inc, Plaintiff Olympic Tug and Barge Inc re #29 MOTION for Partial Summary Judgment (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 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Krisher, Mark) |
| Filing 30 DECLARATION of Mark A. Krisher filed by Counter Defendant Olympic Tug and Barge Inc, Plaintiff Olympic Tug and Barge Inc re #29 MOTION for Partial Summary Judgment (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 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Krisher, Mark) |
| Filing 29 MOTION for Partial Summary Judgment , filed by Counter Defendant Olympic Tug and Barge Inc, Plaintiff Olympic Tug and Barge Inc. (Attachments: #1 Proposed Order) Noting Date 5/11/2018, (Krisher, Mark) |
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Filing 28
STIPULATED PROTECTIVE ORDER re: #26 Stipulated MOTION for Protective Order. Signed by Judge Marsha J. Pechman. (PM)
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| Filing 27 REQUEST by Counter Defendants Harley Marine Services Inc, Olympic Tug and Barge Inc, Plaintiffs Harley Marine Services Inc, Olympic Tug and Barge Inc, Pacific Coast Maritime Inc for Strike Motion to Deem Allegations Admitted Under Fed.R.Civ.P. 8(b)(6) and/or Strike Under Fed.R.Civ.P. 12(f) re #19 MOTION TO DEEM ALLEGATIONS ADMITTED UNDER FED.R.CIV.P. 8(b)(6) AND/OR STRIKE UNDER FED.R.CIV.P. 12(f) (Krisher, Mark) |
| Filing 26 Stipulated MOTION for Protective Order, filed by Defendants Fathom Energy, Inc., Fathom Marine Inc. (Attachments: #1 Exhibit Redline of Model Stipulated Protective Order) Noting Date 3/29/2018, (Nicoll, Christopher) |
| ***Motion terminated per #27 Request: #19 MOTION TO DEEM ALLEGATIONS ADMITTED UNDER FED.R.CIV.P. 8(b)(6) AND/OR STRIKE UNDER FED.R.CIV.P. 12(f) filed by Olympic Tug and Barge Inc, Pacific Coast Maritime Inc, Harley Marine Services Inc. (PM) |
| Filing 25 DECLARATION of Chris P. Reilly filed by Defendants Fathom Energy, Inc., Fathom Marine Inc re #19 MOTION TO DEEM ALLEGATIONS ADMITTED UNDER FED.R.CIV.P. 8(b)(6) AND/OR STRIKE UNDER FED.R.CIV.P. 12(f) (Reilly, Chris) |
| Filing 24 DECLARATION of Christopher W. Nicoll filed by Defendants Fathom Energy, Inc., Fathom Marine Inc re #19 MOTION TO DEEM ALLEGATIONS ADMITTED UNDER FED.R.CIV.P. 8(b)(6) AND/OR STRIKE UNDER FED.R.CIV.P. 12(f) (Reilly, Chris) |
| Filing 23 RESPONSE, by Defendants Fathom Energy, Inc., Fathom Marine Inc, to #19 MOTION TO DEEM ALLEGATIONS ADMITTED UNDER FED.R.CIV.P. 8(b)(6) AND/OR STRIKE UNDER FED.R.CIV.P. 12(f) . (Attachments: #1 Proposed Order Proposed Order)(Reilly, Chris) |
| Filing 22 AMENDED ANSWER to #13 Amended Complaint, by Fathom Energy, Inc., Fathom Marine Inc. (Reilly, Chris) |
| Filing 21 REDACTION to #20 Declaration,,, Exhibit 20 by Counter Defendants Harley Marine Services Inc, Olympic Tug and Barge Inc, Plaintiffs Harley Marine Services Inc, Olympic Tug and Barge Inc, Pacific Coast Maritime Inc (Krisher, Mark) |
| NOTICE TO FILER: re #20 Declaration (Exhibit 20). Document(s) contain personal identifiers that must be redacted pursuant to Local Civil Rule 5.2 and FRCP 5.2. You are required to re-file a redacted version of your document using the event "Redacted Document" located in the Other Documents category. This event will allow you to link back to your original filing and will not affect your original filing date. Pursuant to LCR 5.2 and FRCP 5.2, the document(s) have been administratively sealed by the Court. (SWT) |
| Filing 20 DECLARATION of Mark A. Krisher filed by Counter Defendants Harley Marine Services Inc, Olympic Tug and Barge Inc, Plaintiffs Harley Marine Services Inc, Olympic Tug and Barge Inc, Pacific Coast Maritime Inc re #19 MOTION TO DEEM ALLEGATIONS ADMITTED UNDER FED.R.CIV.P. 8(b)(6) AND/OR STRIKE UNDER FED.R.CIV.P. 12(f) (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 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 SEALED Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Krisher, Mark) Modified on 3/16/2018 to seal Exhibit 20 which contains financial accounting information (SWT). |
| Filing 19 MOTION TO DEEM ALLEGATIONS ADMITTED UNDER FED.R.CIV.P. 8(b)(6) AND/OR STRIKE UNDER FED.R.CIV.P. 12(f) , filed by Counter Defendants Harley Marine Services Inc, Olympic Tug and Barge Inc, Plaintiffs Harley Marine Services Inc, Olympic Tug and Barge Inc, Pacific Coast Maritime Inc. (Attachments: #1 Proposed Order) Noting Date 3/30/2018, (Krisher, Mark) |
| Filing 18 ANSWER to #13 Amended Complaint, by Fathom Energy, Inc., Fathom Marine Inc.(Nicoll, Christopher) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Fathom Corp. for Fathom Energy, Inc.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Fathom Energy, Inc. (Reilly, Chris) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Fathom Corp. for Fathom Marine Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Fathom Marine Inc (Reilly, Chris) |
| Filing 15 NOTICE of Appearance by attorney Chris P Reilly on behalf of Defendant Fathom Energy, Inc.. (Reilly, Chris) |
| Filing 14 NOTICE of Association of Attorney by Chris P Reilly on behalf of Defendant Fathom Marine Inc, Counter Claimant Fathom Marine Inc. (Reilly, Chris) |
| ***Motion terminated per direction of chambers and per Dkt. #12 : #11 Stipulated MOTION to File First Amended Complaint and Amend the Trial Schedule filed by Olympic Tug and Barge Inc, Harley Marine Services Inc. (PM) |
| Party Pacific Coast Maritime Inc added as a plaintiff per #13 First Amended Complaint. Docket text of #13 First Amended Complaint edited to include Pacific Coast Maritime, Inc. as a filer. (PM) |
| Filing 13 AMENDED COMPLAINT against defendant(s) Fathom Marine Inc, Fathom Energy, Inc., filed by Harley Marine Services Inc, Olympic Tug and Barge Inc. and Pacific Coast Maritime, Inc. (Krisher, Mark) Modified on 2/1/2018 to add Pacific Coast Maritime, Inc. as a filer (PM). |
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Filing 12
ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *10 DAY* - Bench Trial is set for 1/14/2019 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 2/28/2018, Amended Pleadings due by 3/12/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/18/2018, Motions due by 7/18/2018, Discovery completed by 8/17/2018, Dispositive motions due by 9/17/2018, Motions in Limine due by 12/10/2018, Pretrial Order due by 1/2/2019, Trial briefs to be submitted by 1/2/2019, Proposed Findings of Fact and Conclusions of Law to be submitted by 1/2/2019, Pretrial Conference set for 1/7/2019 at 01:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM)
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| Filing 11 Stipulated MOTION to File First Amended Complaint and Amend the Trial Schedule, filed by Counter Defendants Harley Marine Services Inc, Olympic Tug and Barge Inc, Plaintiffs Harley Marine Services Inc, Olympic Tug and Barge Inc. (Attachments: #1 Exhibit A) Noting Date 1/17/2018, (Krisher, Mark) |
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Filing 10
MINUTE ORDER rescheduling pretrial conference to 8/17/2018 at 01:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. Authorized by Judge Marsha J. Pechman. (RM)
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| Case Reassigned to Judge Marsha J. Pechman. Judge Thomas S. Zilly no longer assigned to the case. (KD) |
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Filing 9
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *10 days*. Bench Trial is set for 8/27/2018 at 9:00 AM in Courtroom 15206 before Judge Thomas S. Zilly. Joinder of Parties due by 9/14/2017, Amended Pleadings due by 2/5/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/5/2018, Motions due by 3/29/2018, Discovery completed by 5/7/2018, Dispositive motions due by 6/7/2018, Motions in Limine due by 7/26/2018, Pretrial Order due by 8/10/2018, Trial briefs to be submitted by 8/10/2018, Pretrial Conference set for 8/17/2018 at 11:00 AM before Judge Thomas S. Zilly. Proposed Findings of Fact and Conclusions of Law to be submitted by 8/14/2018, by Judge Thomas S. Zilly. (KD)
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| Filing 8 ANSWER to #6 Answer to Complaint, Counterclaim by Harley Marine Services Inc, Olympic Tug and Barge Inc.(Krisher, Mark) |
| Filing 7 JOINT STATUS REPORT signed by all parties estimated Trial Days: ten. Filed by Plaintiffs Harley Marine Services Inc, Olympic Tug and Barge Inc.(Krisher, Mark) |
| Filing 6 ANSWER to #1 Complaint, Attorney Christopher W Nicoll added to party Fathom Marine Inc(pty:dft), COUNTERCLAIM against plaintiff All Plaintiffs by Fathom Marine Inc. (Attachments: #1 Exhibit A)(Nicoll, Christopher) |
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Filing 5
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 8/8/2017, FRCP 26f Conference Deadline is 7/25/2017, Initial Disclosure Deadline is 8/8/2017, by Judge Thomas S. Zilly. (KD)
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| Filing 4 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent HMS Holdings, LLC for Harley Marine Services Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Harley Marine Services Inc (Waller, Thomas) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Harley Marine Services, Inc. for Olympic Tug and Barge Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Olympic Tug and Barge Inc (Waller, Thomas) |
| Filing 2 Summons electronically issued as to defendant(s) Fathom Marine Inc. (RE) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) Harley Marine Services Inc., and Olympic Tug & Barge Inc. must file a Corporate Disclosure Statement by 6/12/2017. (RE) |
| Judge Thomas S. Zilly added. (RE) |
| Filing 1 COMPLAINT for Money Damages and Injunctive Relief against defendant(s) Fathom Marine, Inc. (Receipt # 0981-4897317), filed by Harley Marine Services, Inc., Olympic Tug and Barge, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Summons)(Waller, Thomas) |
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