1:12-CV-08892
12/07/2012
Pending - Other Pending
Contract - Marine
George B. Daniels
Sarah L Cave
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
Trouw Nutrition USA. LLC
Raymond Paul Hayden
Peter D. Clark
Dennis John Dozis
John Anthony Vincent Nicoletti
Laura J O'Neill
Martin R West
David S. Wenger
Lawrence K Demeo
Gerard W. White
Robert John Kelly
Stephen V Rible
Joseph L. Clasen
(#1740) NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/25/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...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.(McGuirk, Kelly) (Entered: 08/29/2023)
RESTRICTED
(#1738) TELEPHONE CONFERENCE SCHEDULING ORDER: The Court orders as follows: By October 4, 2023, the parties shall file a joint letter, no longer than three (3) pages, reporting on the status of the Exchange and raising any issues requiring the Court's attention. Telephone Conference set for 10/10/2023 at 12:00 PM before Magistrate Judge Sarah L Cave. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/24/23) (yv) (Entered: 08/24/2023)
(#1737) JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Timothy Semenoro dated August 22, 2023 re: Status report. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG..(Semenoro, Timothy) (Entered: 08/22/2023)
(#1736) MEMO ENDORSEMENT: on re: #1735 Letter filed by Stolt Nielsen USA, Inc., Stolt Tank Containers BV. ENDORSEMENT: Defendants Stolt Tank Containers B.V., Stolt-Nielsen USA, Inc., and Deltech Corporation's request at ECF No. 1735 for modification of the Court's August 2, 2023 Order (ECF No. 1733 (the "Order")) is GRANTED IN PART and DENIED IN PART, and the Order is MODIFIED as follows: by August 22, 2023, the parties shall file a joint letter (the "Letter"), no longer than five (5) pages, reporting on the status of any remaining discovery and the parties' interest in a settlement conference with the Court. To the extent the parties are unable to agree about any portion of the Letter, they may set forth their respective positions without argument. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/21/2023) (ama) (Entered: 08/21/2023)
(#1735) FIRST LETTER addressed to Magistrate Judge Sarah L. Cave from John A. V. Nicoletti dated August 18, 2023 re: August 2, 2023 Order requesting Joint Letter. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers BV..(Nicoletti, John) (Entered: 08/18/2023)
concurring opinion
Opinion
(#1734) MANDATE of USCA (Certified Copy) as to #1623 Notice of Appeal,, filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., #1624 Notice of Interlocutory Appeal, filed by Deltech Corporation USCA Case Number 18-2974(L), 18-3083(Con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the District Court's decision is REVERSED in part, AFFIRMED in part and the case is REMANDED for further proceedings consistent with the opinion of this Court.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/14/2023. (Attachments: #1 Opinion, #2 concurring opinion).(nd) (Entered: 08/14/2023)
Exhibit C
Exhibit B
Exhibit A
Docket(#1740) NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/25/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...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.(McGuirk, Kelly) (Entered: 08/29/2023)
[-] Read LessDocket(#1739) TRANSCRIPT of Proceedings re: CONFERNECE held on 7/25/2023 before Judge George B. Daniels. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2023. Redacted Transcript Deadline set for 9/29/2023. Release of Transcript Restriction set for 11/27/2023.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.(McGuirk, Kelly) (Entered: 08/29/2023)
[-] Read LessDocket(#1738) TELEPHONE CONFERENCE SCHEDULING ORDER: The Court orders as follows: By October 4, 2023, the parties shall file a joint letter, no longer than three (3) pages, reporting on the status of the Exchange and raising any issues requiring the Court's attention. Telephone Conference set for 10/10/2023 at 12:00 PM before Magistrate Judge Sarah L Cave. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/24/23) (yv) (Entered: 08/24/2023)
[-] Read LessDocketMinute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 8/24/2023. Attorney John Nicoletti appeared on behalf of Stolt-Nielsen USA, Inc. and Stolt Tank Containers, B.V. Attorneys Lawrence Demeo, Joseph Perrone, and Timothy McDonnell appeared on behalf of Deltech Corporation. Attorneys Timothy Semenoro and Eugene OConnor appeared on behalf of Conti 11 - Container Schiffahrts-GmbH & Co. KG MS. Attorney James Johnson appeared on behalf of BDP International N.V. Attorneys Edward Flood and Jon Werner appeared on behalf of MSC Mediterranean Shipping Company, S.A. (ne) (Entered: 08/24/2023)
[-] Read LessDocket(#1737) JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Timothy Semenoro dated August 22, 2023 re: Status report. Document filed by CONTI II. CONTAINER SCHIFFAHRTS-GMBH & CO. KG MS "MSC FLAMINIA", NSB Niederelbe Schiffahrtsgesellschaft MBH & Co. KG..(Semenoro, Timothy) (Entered: 08/22/2023)
[-] Read LessDocket(#1736) MEMO ENDORSEMENT: on re: #1735 Letter filed by Stolt Nielsen USA, Inc., Stolt Tank Containers BV. ENDORSEMENT: Defendants Stolt Tank Containers B.V., Stolt-Nielsen USA, Inc., and Deltech Corporation's request at ECF No. 1735 for modification of the Court's August 2, 2023 Order (ECF No. 1733 (the "Order")) is GRANTED IN PART and DENIED IN PART, and the Order is MODIFIED as follows: by August 22, 2023, the parties shall file a joint letter (the "Letter"), no longer than five (5) pages, reporting on the status of any remaining discovery and the parties' interest in a settlement conference with the Court. To the extent the parties are unable to agree about any portion of the Letter, they may set forth their respective positions without argument. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/21/2023) (ama) (Entered: 08/21/2023)
[-] Read LessDocket(#1735) FIRST LETTER addressed to Magistrate Judge Sarah L. Cave from John A. V. Nicoletti dated August 18, 2023 re: August 2, 2023 Order requesting Joint Letter. Document filed by Stolt Nielsen USA, Inc., Stolt Tank Containers BV..(Nicoletti, John) (Entered: 08/18/2023)
[-] Read LessDocketTransmission of USCA Mandate to the District Judge re: #1734 USCA Mandate,,..(nd) (Entered: 08/14/2023)
[-] Read LessDocket(#1734) MANDATE of USCA (Certified Copy) as to #1623 Notice of Appeal,, filed by Stolt Nielsen USA, Inc., Stolt Tank Containers B.V., #1624 Notice of Interlocutory Appeal, filed by Deltech Corporation USCA Case Number 18-2974(L), 18-3083(Con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the District Court's decision is REVERSED in part, AFFIRMED in part and the case is REMANDED for further proceedings consistent with the opinion of this Court.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/14/2023. (Attachments: #1 Opinion, #2 concurring opinion).(nd) (Entered: 08/14/2023)
[-] Read LessDocket(#1733) TELEPHONE CONFERENCE SCHEDULING ORDER: A telephone status conference is scheduled for Thursday, August 24, 2023 at 12:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. By August 22, 2023, the parties shall file a joint letter, no longer than three (3) pages, reporting on the status of any remaining discovery and the parties' interest in a settlement conference with the Court. SO ORDERED. Telephone Conference set for 8/24/2023 at 12:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 8/2/2023) (jca) (Entered: 08/02/2023)
[-] Read LessDocket(#6) NOTICE OF APPEARANCE by Lauren Elizabeth Komsa on behalf of Trouw Nutrition USA. LLC (Komsa, Lauren) (Entered: 01/25/2013)
[-] Read LessDocket(#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)
[-] Read LessDocket(#4) CLAIM FOR CLAIM AND ANSWER TO COMPLAINT. Document filed by Trouw Nutrition USA. LLC. (Willoughby, Thomas) (Entered: 01/15/2013)
[-] Read LessDocket(#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)
[-] Read LessDocketMagistrate Judge Frank Maas is so designated. (pgu) (Entered: 01/09/2013)
[-] Read LessDocket(#2) NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 01/09/2013)
[-] Read LessDocketCASE ACCEPTED AS RELATED. Create association to 1:12-cv-06349-TPG. Notice of Assignment to follow. (pgu) (Entered: 01/09/2013)
[-] Read LessDocketCASE REFERRED TO Judge Thomas P. Griesa as possibly related to 12cv6349. (pl) (Entered: 12/26/2012)
[-] Read LessDocketCase Designated ECF. (pl) (Entered: 12/13/2012)
[-] Read LessDocket(#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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