Olympic Tug & Barge Inc et al v. Lovel Briere LLC
Plaintiff: Olympic Tug & Barge Inc and Harley Marine Financing LLC
Defendant: Lovel Briere LLC
Case Number: 2:2022cv01530
Filed: October 27, 2022
Court: US District Court for the Western District of Washington
Presiding Judge: James L Robart
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. ยง 1333 Admiralty
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2022 Filing 29 NOTICE that the following is RE-NOTED: #28 MOTION to Dismiss Defendant's Counterclaims. Filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc, Counter Defendants Harley Marine Financing LLC, Olympic Tug & Barge Inc. Noting Date 1/13/2023 1/13/2022, (Gossler, Michael) Modified noting date on 12/20/2022 (LH).
December 20, 2022 Noting Date Reset for 1/13/2023 re #28 MOTION to Dismiss Defendant's Counterclaims. Filer called to correct year of noting date regarding their Notice to Re-Note at dkt. #29 . (LH)
December 13, 2022 Noting Date Reset re #28 MOTION to Dismiss Defendant's Counterclaims: Noting Date 1/6/2023. Motion originally mis-noted for 1/6/2022. (AD)
December 12, 2022 Filing 28 MOTION to Dismiss Defendant's Counterclaims, filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc, Counter Defendants Harley Marine Financing LLC, Olympic Tug & Barge Inc. Oral Argument Requested. Noting Date 1/13/2023 1/6/2023 1/6/2022, (Gossler, Michael) Modified on 12/13/2022 to correct noting date (AD). Modified noting date on 12/20/2022 (LH).
November 30, 2022 Filing 27 DECLARATION of Kevin H. Marino filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc re #3 Emergency MOTION for Temporary Restraining Order (Gossler, Michael)
November 30, 2022 Filing 26 REPLY, filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc, TO RESPONSE to #3 Emergency MOTION for Temporary Restraining Order (Gossler, Michael)
November 21, 2022 Filing 25 DECLARATION of Harley Franco filed by Defendant Lovel Briere LLC re #3 Emergency MOTION for Temporary Restraining Order (Webster, Jess)
November 21, 2022 Filing 24 RESPONSE, by Defendant Lovel Briere LLC, Counter Claimant Lovel Briere LLC, to #3 Emergency MOTION for Temporary Restraining Order . (Webster, Jess)
November 21, 2022 Filing 23 ANSWER to #1 Complaint, Affirmative Defenses and, COUNTERCLAIM against plaintiff Harley Marine Financing LLC, Olympic Tug & Barge Inc by Lovel Briere LLC.(Webster, Jess)
November 21, 2022 Filing 22 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Lovel Briere LLC (Webster, Jess)
November 8, 2022 Filing 21 BOND DOCUMENTATION REVIEWED- re #16 Bond, Court requirements have been met. Power of Attorney documents provided by filer. (RE)
November 2, 2022 Opinion or Order Filing 20 ORDER re #15 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kevin H Marino for Plaintiffs Harley Marine Financing LLC and Olympic Tug & Barge Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
November 2, 2022 Opinion or Order Filing 19 ORDER re #14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John D Tortorella for Plaintiffs Harley Marine Financing LLC and Olympic Tug & Barge Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
November 2, 2022 Filing 18 AFFIDAVIT of Service of Summons and Complaint on Lovel Briere, LLC on 10/31/2022, filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc. (Ross, Henry)
November 2, 2022 Filing 17 MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Michael Gossler; Def Counsel: Jess Webster; CR: Angela Nicolavo; Telephone Conference held on 11/2/2022. The court and counsel discuss Plaintiffs' motion for preliminary injunction (Dkt. #3 ). As stated on the record, the court sets the following briefing schedule: Defendant's response due by 11/21/2022; Plaintiffs' reply due by 11/30/2022; the matter will be submitted on the briefs without oral argument. The temporary restraining order remains in effect until a ruling on the preliminary injunction is entered. (AD)
November 2, 2022 Filing 16 Injunction BOND in the amount of $75,000.00, Bond No. 0814581, from Harco National Insurance Company posted by Harley Marine Financing LLC, Olympic Tug & Barge Inc re #10 Order on Motion for Temporary Restraining Order,. (Power of Attorney was mailed for registry with the Court on 11/2/2022.) (Attachments: #1 Power of Attorney)(Gossler, Michael)
November 2, 2022 Filing 15 APPLICATION OF ATTORNEY Kevin H. Marino FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc (Fee Paid) Receipt No. AWAWDC-7762677 (Gossler, Michael)
November 2, 2022 Filing 14 APPLICATION OF ATTORNEY John D. Tortorella FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc (Fee Paid) Receipt No. AWAWDC-7762673 (Gossler, Michael)
November 2, 2022 Attorney Drew Fitzgerald Duggan added for Lovel Briere LLC per dkt #13 Notice of Appearance. (SS)
November 1, 2022 Filing 13 NOTICE of Appearance by attorney Jess Gilbert Webster on behalf of Defendant Lovel Briere LLC. (Webster, Jess)
November 1, 2022 Opinion or Order Filing 12 MINUTE ORDER: The court will hold a telephonic conference on November 2, 2022, at 10:00 a.m., to discuss setting a briefing schedule on Plaintiffs' motion for a preliminary injunction. (See Mot. (Dkt. #3 ).) Instructions for calling in to the conference will be sent to counsel by email. Counsel for Plaintiffs shall serve a copy of this order on counsel for Defendant. Authorized by Judge James L. Robart. (LH)
October 31, 2022 Filing 11 DECLARATION of Michael E. Gossler filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc re #3 Emergency MOTION for Temporary Restraining Order (Gossler, Michael)
October 31, 2022 Opinion or Order Filing 10 ORDER granting Plaintiffs' #3 Motion for Temporary Restraining Order. Plaintiffs shall file with the court proof that they have served this order on Lovel by no later than 5:00 p.m. on Monday, October 31, 2022. Plaintiffs shall provide security of $75,000 pursuant to Federal Rule of Civil Procedure 65(c) in connection with this temporary restraining order. Signed by Judge James L. Robart. (LH) Modified to add security instruction on 11/1/2022 (LH).
October 28, 2022 Filing 9 DECLARATION of Michael E. Gossler filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc re #3 Emergency MOTION for Temporary Restraining Order (Gossler, Michael)
October 28, 2022 Opinion or Order Filing 8 ORDER re Plaintiffs' #3 Emergency MOTION for Temporary Restraining Order. The court ORDERS Plaintiffs to file proof that they have either provided notice of their motion to Lovel or met the requirements of Federal Rule of Civil Procedure 65(b) and Local Civil Rule 65(b) for issuing a temporary restraining order without notice. Plaintiffs shall make this filing by no later than 4:00 p.m. on October 28, 2022. Signed by Judge James L. Robart. (LH)
October 27, 2022 Filing 7 Summons Electronically Issued as to defendant Lovel Briere LLC. (RE)
October 27, 2022 Filing 6 CIVIL COVER SHEET re #1 Complaint, ; filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge Inc. (Gossler, Michael)
October 27, 2022 Filing 5 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and /or Affiliates of Harley Marine Services Inc and Harley Marine Holdings LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Harley Marine Financing LLC, Olympic Tug & Barge Inc (Gossler, Michael) Modified on 10/28/2022 add affiliate names to text (CDA).
October 27, 2022 Filing 4 DECLARATION of Matthew Godden filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge, Inc. re #3 Emergency MOTION for Temporary Restraining Order (Gossler, Michael)
October 27, 2022 Filing 3 Emergency MOTION for Temporary Restraining Order Preliminary Injunction, filed by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge, Inc.. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 10/27/2022, (Gossler, Michael) Modified on 11/29/2022 to modify title of motion at the direction of chambers (AD).
October 27, 2022 Filing 2 PRAECIPE TO ISSUE SUMMONS re #1 Complaint, by Plaintiffs Harley Marine Financing LLC, Olympic Tug & Barge, Inc. (Gossler, Michael)
October 27, 2022 Filing 1 COMPLAINT against defendant(s) Lovel Briere, LLC (Receipt # AWAWDC-7756108) Attorney Michael E Gossler added to party Harley Marine Financing LLC(pty:pla), filed by Olympic Tug & Barge, Inc., Harley Marine Financing LLC.(Gossler, Michael)
October 27, 2022 Judge James L. Robart added. (RE)

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Plaintiff: Olympic Tug & Barge Inc
Represented By: Michael E Gossler
Represented By: John D Tortorella
Represented By: Kevin H Marino
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Plaintiff: Harley Marine Financing LLC
Represented By: Michael E Gossler
Represented By: John D Tortorella
Represented By: Kevin H Marino
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Defendant: Lovel Briere LLC
Represented By: Drew Fitzgerald Duggan
Represented By: Jess Gilbert Webster
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