This case was last updated from PACER on 08/01/2021 at 06:52:05 (UTC).

IN RE M/V MSC FLAMINIA

Case Summary

On 12/07/2012 IN RE M/V MSC FLAMINIA was filed as a Contract - Marine lawsuit. This case was filed in U.S. District Courts, New York Southern District. The Judges overseeing this case are Henry B. Pitman, George B. Daniels and Sarah L Cave. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:12-CV-08892

  • Filing Date:

    12/07/2012

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Marine

Judge Details

Presiding Judge

George B. Daniels

Referral Judges

Henry B. Pitman

Sarah L Cave

 

Party Details

Claimants, Counter Defendants, Cross Claimants, Cross Defendants and Consolidated Plaintiffs

NEK

Society A-N Auto Import Export

Weylchem US Inc.

Consortium Cargo

BMW Group Plant 2.7

Rocktenn CP, LLC

TI Automotive

JF Hillebrand Mexico SA

Kamin LLC

Pirelli Tyre s.P.A

Olmuska International Paper

Norevo GmbH

Savory Paper (25)

Zenda Diensteinstungen Gmbh

UAS "JURVISTA"

Xchanging Claims Services

Semillas Universales SA

Ekol Ofset A.S.

Palm Paper Limited

Trouw Nutrition USA. LLC

Cross Claimant, Alternative Dispute Resolution (Adr) Provider and Cross Defendant

Trouw Nutrition USA. LLC

3,506 More Parties Available

Attorney/Law Firm Details

Consolidated Plaintiff, Alternative Dispute Resolution (Adr) Provider and Counter Defendant Attorney

Raymond Paul Hayden

Attorney at Hill Rivkins LLP

45 Broadway, Suite 1500

Ny, NY 10006

Other Attorneys

Peter D. Clark

Attorney at Clark, Atcheson & Reisert

7800 River Road

North Bergen, NJ 07047

Ralph Delouis

Attorney at Duane Morris, LLP

1037 Raymond Blvd., Suite 1800

Newark, NJ 07102

Jason R. Margulies

Attorney at Lipman & Booth LLP

11 Broadway, Suite 967

New York, NY 10004

Jeremy Alan Herschaft

Attorney at Blank Rome LLP

717 Texas, Suite 1400

Houston, TX 77002

Thomas Hunt Belknap, Jr

Attorney at Blank Rome, LLP

1271 Avenue Of The Americas

New York, NY 10020

Brian Brenner

Attorney at Clark, Atcheson & Reisert

7800 River Road

North Bergen, NJ 07047

Dennis John Dozis

Attorney at Littleton Park Joyce Ughetta Park & Kelly LLP

39 Broadway, 34Th Floor

New York, NY 10006

Jennifer M. Turk

Attorney at Benesch Friedlander Coplan & Aronoff LLP

41 South High Street, Suite 2600

Columbus, OH 43215

Patrick Robert O'Mea

Attorney at Brown Gavalas & Fromm LLP

555 Fifth Avenue

New York, NY 10017

Matthew R. Grant

Attorney at Husch Blackwell LLP (St. Louis)

190 Carondelet Plaza, Suite 600

St. Louis, MO 63105-3441

John Anthony Vincent Nicoletti

Attorney at Nicoletti Hornig & Sweeney

88 Pine Street, 7Th Floor

New York, NY 10005

Laura J O'Neill

Attorney at Nicoletti Hornig & Sweeney

88 Pine Street, 7Th Floor

New York, NY 10005

Martin R West

Attorney at Lyons & Flood, LLP

The Towers, Suite 206, 111 Great Neck Road

Great Neck, NY 11021

David S. Wenger

Attorney at Nicoletti Hornig & Sweeney

88 Pine Street, 7Th Floor

New York, NY 10005

Lawrence K Demeo

Attorney at Hunton Andrews Kurth LLP

125 High Street Suite 533

Boston, MA 02110

Gerard W. White

Attorney at Hill Rivkins LLP

45 Broadway, Suite 1500

Ny, NY 10006

Robert John Kelly

Attorney at Littleton Joyce Ughetta Park & Kelly LLP

141 West Front Street

Red Bank, NJ 07701

Stephen V Rible

Attorney at Mendes & Mount, LLP (Newark)

One Newarek Center, 19Th

Newark, NJ 07102

Joseph L. Clasen

Attorney at Robinson & Cole LLP (NYC)

666 Third Avenue, 20Th Fl.

New York, NY 10017

83 More Attorneys Available

 

Court Documents

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No Description Available

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No Description Available

#852

No Description Available

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No Description Available

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No Description Available

#704

No Description Available

#439

No Description Available

#1447

No Description Available

1624 #4

Exhibit D

1476 #6

Exhibit 4 - DPA bills of lading and MSDS

1302 #18

Exhibit 18 (DTX-0036)

#1153

No Description Available

1085 #1

Exhibit 01 part 1 of 13 - Porcelli Main Report

980 #5

Exhibit 5 - Cotten Report

972 #35

Exhibit -34

533 #1

Exhibit 1A

3,329 More Documents Available

 

Docket Entries

  • 06/01/2021
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  • Docket(#1695) SIXTH AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER (90-day extension): Depositions of fact witnesses shall be completed by 9/1/2021. Motions due by 6/1/2022. Responses due by 6/22/2022. Replies due by 7/13/2022. Depositions of expert witnesses shall be completed on or before 4/4/2022. (Signed by Judge George B. Daniels on 5/28/2021) (mro) (Entered: 06/01/2021)

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  • 06/01/2021
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  • Docket(#1694) ORDER: The status conference scheduled for June 8, 2021 is adjourned to August 17, 2021 at 9:45 a.m., (Status Conference set for 8/17/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/1/2021) (nb) (Entered: 06/01/2021)

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  • 05/29/2021
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  • Docket(#1693) NOTICE OF CHANGE OF ADDRESS by John Randolph Foster on behalf of MSC Mediterranean Shipping Company S.A.. New Address: Lyons & Flood, LLP, 111 Great Neck Road, Suite 206, Great Neck, NY, USA 11021, (212) 594-2400. Filed In Associated Cases: 1:12-cv-08892-GBD-SLC, 1:12-cv-06349-KBF, 1:12-cv-06904-KBF, 1:13-cv-01610-KBF, 1:13-cv-05264-GBD.(Foster, John) (Entered: 05/29/2021)

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  • 05/28/2021
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  • Docket(#1692) NOTICE OF CHANGE OF ADDRESS by Martin R West on behalf of MSC Mediterranean Shipping Company S.A.. New Address: Lyons & Flood, LLP, The Towers, Suite 206, 111 Great Neck Road, Great Neck, New York, 11021, 2125942400..(West, Martin) (Entered: 05/28/2021)

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  • 05/28/2021
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  • Docket(#1691) NOTICE OF CHANGE OF ADDRESS by Jon Werner on behalf of MSC Mediterranean Shipping Company S.A.. New Address: Lyons & Flood, LLP, The Towers, Suite 206, 111 Great Neck Road, Great Neck, New York, 11021, 2125942400..(Werner, Jon) (Entered: 05/28/2021)

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  • 05/28/2021
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  • Docket(#1690) NOTICE OF CHANGE OF ADDRESS by Edward P. Flood on behalf of MSC Mediterranean Shipping Company S.A.. New Address: Lyons & Flood, LLP, The Towers, Suite 206, 111 Great Neck Road, Great Neck, New York, 11021, 2125942400..(Flood, Edward) (Entered: 05/28/2021)

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  • 05/28/2021
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  • Docket(#1689) LETTER addressed to Judge George B. Daniels from John A. V. Nicoletti, Esq. dated May 28, 2021 re: Request to Extend Scheduling Order. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V.. (Attachments: #1 Proposed Order - Sixth Amended Civil Case Management Plan and Scheduling Order).(Nicoletti, John) (Entered: 05/28/2021)

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  • 05/28/2021
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  • Docket(#1688) NOTICE OF CHANGE OF ADDRESS by Kirk M.H. Lyons on behalf of MSC Mediterranean Shipping Company S.A.. New Address: Lyons & Flood, LLP, The Towers, Suite 206, 111 Great Neck Road, Great Neck, New York, 11021, (212) 594-2400..(Lyons, Kirk) (Entered: 05/28/2021)

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  • 03/03/2021
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  • Docket(#1687) FIFTH AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER (90-DAY EXTENSION): After consultation with counsel for the parties, the following Fifth Amended Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. 1. Document requests shall be served by all parties on or before July 19, 2019, and documents responsive to same shall be produced to the extent not objected to, and objections, if any, shall be stated on or before September 20, 2019. 2. Interrogatories shall be served by all parties on or before July 19, 2019, and responses to same shall be produced on or before September 20, 2019. 3. Contention Interrogatories shall be served on or before October 28, 2021, and responses to same shall be produced on or before December 2, 2021. 4. Depositions of fact witnesses shall be completed by June 3, 2021. 5. The parties shall disclose expert witnesses, including expert reports and underlying documents, on or before August 17, 2021, and any rebuttal expert witnesses, including expert reports and underlying documents, on or before October 6, 2021. 6. Depositions of expert witnesses shall be completed on or before January 4, 2022. 7. All dispositive motions are to be filed by March 2, 2022, with answering papers to be filed by March 23, 2022, and reply papers to be filed by April 13, 2022. SO ORDERED. Motions due by 3/2/2022. Responses due by 3/23/2022 Replies due by 4/13/2022. Deposition due by 1/4/2022. (Signed by Judge George B. Daniels on 3/3/2021) (kv) (Entered: 03/03/2021)

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  • 03/03/2021
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  • Docket(#1686) ORDER: The status conference scheduled for March 9, 2021 is adjourned to June 8, 2021 at 9:45 a.m. SO ORDERED. (Status Conference set for 6/8/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/3/2021) (jca) (Entered: 03/03/2021)

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903 More Docket Entries
  • 01/25/2013
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  • (#6) NOTICE OF APPEARANCE by Lauren Elizabeth Komsa on behalf of Trouw Nutrition USA. LLC (Komsa, Lauren) (Entered: 01/25/2013)

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  • 01/18/2013
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  • (#5) ORDER RESTRAINING SUITS, APPROVING PLAINTIFFS' SECURITY, AND DIRECTING ISSUE OF NOTICE AND THE FILING OF CLAIMS: IT IS FURTHER ORDERED that the Court, only upon motion and good cause shown, shall cause appraisement of the value of the MSC FLAMINIA and may thereupon order said security increased or reduced, if it finds the amount thereof insufficient or excessive. IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk of the Court to all persons asserting claims or suits with respect to which the Complaint seeks Exoneration from or Limitation of Liability admonishing them to file their respective claims with the Clerk of this Court, in writing, and serve on the attorneys for the Plaintiffs a copy thereof, on or before 2/19/2013, or be defaulted; and that if any Claimant desires to contest either the right to Exoneration from or the right to Limitation of Liability, such Claimant shall file and serve on the attorneys for the Plaintiffs, Chalos O'Connor, LLP 336 Main Street, Port Washington, NY 11050, an Answer to the Complaint on or before the said date (unless the claim has included an Answer to the Complaint, so designated), or be defaulted. IT IS FURTHER ORDERED that the aforesaid Notice shall be published in the New York Times, a newspaper with general circulation once a week for 4 weeks before the return date of said Notice, as provided by Supplemental Admiralty Rule F and copes of said Notice shall be mailed by Plaintiff in accordance with such Rule to every person known to have made any claim against the MSC Flaminia or Plaintiffs, or to his attorneys. IT IS FURTHER ORDERED that the further prosecution of any and all actions, suits, and proceedings already commenced and the commencement or prosecution hereafter of any and all suits, actions, or proceedings of any nature, and description whatsoever in any Court of any jurisdiction, or otherwise, against the Plaintiffs and/or the MSC FLAMINIA, and the taking of any steps and the making of any motion in such actions, suits or proceedings except in this action, to recover damages for or in respect to the aforesaid casualty as more fully described in the Complaint be and they hereby are restrained, stayed, and enjoined until the hearing and determination of this action, and all warrants of arrest and/or attachment issued or sought in such other suits, actions, or legal proceedings be and the same are hereby dissolved and further warrants of arrest and/or attachment are hereby prohibited. IT IS FURTHER ORDERED that service of this order as a Restraining Order be made through the U.S. Post Office or by Federal Express by mailing a conformed copy hereof to the person or persons to be restrained, or to their respective attorneys. (Signed by Judge Thomas P. Griesa on 1/18/2013) (tro) (Entered: 01/22/2013)

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  • 01/15/2013
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  • (#4) CLAIM FOR CLAIM AND ANSWER TO COMPLAINT. Document filed by Trouw Nutrition USA. LLC. (Willoughby, Thomas) (Entered: 01/15/2013)

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  • 01/15/2013
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  • (#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT: No Corporate Parent. Document filed by Trouw Nutrition USA. LLC.(Willoughby, Thomas) Modified on 1/16/2013 (lb). (Entered: 01/15/2013)

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  • 01/09/2013
  • Magistrate Judge Frank Maas is so designated. (pgu) (Entered: 01/09/2013)

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  • 01/09/2013
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  • (#2) NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 01/09/2013)

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  • 01/09/2013
  • CASE ACCEPTED AS RELATED. Create association to 1:12-cv-06349-TPG. Notice of Assignment to follow. (pgu) (Entered: 01/09/2013)

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  • 12/07/2012
  • CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 12cv6349. (pl) (Entered: 12/26/2012)

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  • 12/07/2012
  • Case Designated ECF. (pl) (Entered: 12/13/2012)

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  • 12/07/2012
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  • (#1) COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY: against CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG. (Filing Fee $ 350.00, Receipt Number 465401054660)Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG.(pl) (Entered: 12/13/2012)

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