| Court: | flmd |
| Docket #: | 3:16-cv-00107 |
| Case Name: | Haimark Line, LTD v. Clipper Cruises, LTD et al |
| PACER case #: | 319543 |
| Date filed: | 2016-02-02 |
| Date terminated: | 2016-02-26 |
| Assigned to: | Judge Marcia Morales Howard |
| Referred to: | Magistrate Judge James R. Klindt |
| Case Cause: | 46:1101 Violation of Maritime Regulations |
| Nature of Suit: | 120 Contract: Marine |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Haimark Line, LTD Plaintiff |
Allan R. Kelley |
| Clipper Cruises, LTD Defendant in personam |
James Francis Moseley , Jr. Thomas C. Sullivan |
| M/V Saint Laurent Defendant ex. "Sea Voyager", and its tackle, equipment, engines, appurtenances, freights, etc., in rem |
|
| LAB Marine, Inc. Custodian |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-02-02 | 1 | 0 | COMPLAINT against Clipper Cruises, LTD, Saint Laurent (Filing fee $ 400 receipt number JAX19076) filed by Haimark Line, LTD. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(AET) (Entered: 02/02/2016) | 2016-02-03 19:36:53 | fd5795ae7e7b41b24d9f663af97415277507544f | |
| 1 | 1 | Exhibit A | ||||
| 1 | 2 | Civil Cover Sheet | ||||
| 2016-02-02 | 2 | 0 | SUMMONS issued as to Clipper Cruises, LTD. (AET) (Entered: 02/02/2016) | |||
| 2016-02-02 | 3 | 0 | MOTION for Issuance of Warrant in rem by Haimark Line, LTD. (Attachments: # 1 Text of Proposed Order Order Directing The Issuance Warrant of Arrest, # 2 Text of Proposed Order Warrant for Arrest)(Kelley, Allan) Motions referred to Magistrate Judge James R. Klindt. (Entered: 02/02/2016) | 2016-02-04 07:23:29 | 12dcd71460009669130eb1378e8b0554aa3c6b2c | |
| 3 | 1 | Text of Proposed Order Order Directing The Issuance Warrant of Arrest | ||||
| 3 | 2 | Text of Proposed Order Warrant for Arrest | ||||
| 2016-02-02 | 4 | 0 | CONSENT and indemnification agreement for appointment of substitute custodian. (Kelley, Allan) (Entered: 02/02/2016) | |||
| 2016-02-02 | 5 | 0 | MOTION to Appoint Custodian by Haimark Line, LTD. (Attachments: # 1 Text of Proposed Order Order Appointing Substitute Custodian)(Kelley, Allan) Motions referred to Magistrate Judge James R. Klindt. (Entered: 02/02/2016) | |||
| 2016-02-02 | 6 | 0 | DECLARATION of Substitute Custodian re 5 MOTION to Appoint Custodian , 4 Consent indemnification agreement by Haimark Line, LTD. (Attachments: # 1 Exhibit Substitute Custody Fees)(Kelley, Allan) (Entered: 02/02/2016) | |||
| 2016-02-02 | 7 | 0 | ORDER directing the Clerk of Court to issue the Warrant of Arrest re 3 Motion for Issuance of Warrant in rem. Signed by Magistrate Judge James R. Klindt on 2/2/2016. (AET) (Entered: 02/02/2016) | 2016-02-04 07:18:49 | 21c19f671c4609b8332da0f740c2366f92466968 | |
| 2016-02-02 | 9 | 0 | ORDER granting 5 Motion to Appoint Custodian LAB Marine, Inc. appointed. Signed by Magistrate Judge James R. Klindt on 2/2/2016. (AET) (Entered: 02/02/2016) | 2016-02-04 07:30:04 | 7cb492ae777a808fe9de975afaab8139832c6cc9 | |
| 2016-02-03 | 10 | 0 | NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 2/3/2016. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(JW) (Entered: 02/03/2016) | |||
| 2016-02-04 | 11 | 0 | NOTICE: Based upon the parties' filings, the Court is satisfied of the existence of subject matter jurisdiction over this action. (MHM) (Entered: 02/04/2016) | |||
| 2016-02-04 | 12 | 0 | US Marshal 285 form to Lab Marine, Inc. for Vessel Arrest. (BD) (Entered: 02/05/2016) | |||
| 2016-02-04 | 13 | 0 | US Marshal 285 form to Clipper Cruises, LTD. for Vessel Arrest. (BD) (Entered: 02/05/2016) | |||
| 2016-02-09 | 14 | 0 | MOTION to Vacate Arrest in Part and for Other Relief re 7 Order by Clipper Cruises, LTD. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2)(Moseley, James) Modified on 2/10/2016 to edit text (BD). (Entered: 02/09/2016) | |||
| 2016-02-10 | 15 | 0 | NOTICE of Claim of Owner by Clipper Cruises, LTD re 14 MOTION to Vacate Arrest in Part and for Other Relief re: 7 Order Claim of Owner (Moseley, James) Modified on 2/10/2016 to edit text (BD). (Entered: 02/10/2016) | |||
| 2016-02-10 | 16 | 0 | ORDER granting in part and taking under advisement in part 14 Defendant Clipper Cruises, Ltd.'s Motion to Vacate Arrest in Part and for Other Relief and Memorandum of Law in Support Thereof. Setting a hearing on the Motion for 2/22/16 at 1:00 p.m. in Courtroom 5D, Fifth Floor, 300 North Hogan Street, Jacksonville, Florida. Directing Plaintiff to file an expedited response to the Motion no later than 2/18/16. See Order for details. Signed by Magistrate Judge James R. Klindt on 2/10/2016. (CLR) (Entered: 02/10/2016) | |||
| 2016-02-12 | 17 | 0 | MOTION for miscellaneous relief, specifically Claimant Owners Motion to Perform Work while Vessel is in Custodia Legis by Clipper Cruises, LTD. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Moseley, James) (Entered: 02/12/2016) | |||
| 2016-02-16 | 18 | 0 | ORDER taking under advisement 17 Claimant Owner's Motion to Perform Work While Vessel Is in Custodia Legis; directing Plaintiff to file an expedited response to the Motion no later than 2/19/2016 at 5:00 p.m.; advising the parties to be prepared to address the Motion at the hearing set for 2/22/2016 at 1:00 p.m. Signed by Magistrate Judge James R. Klindt on 2/16/2016. (CLR) (Entered: 02/16/2016) | |||
| 2016-02-18 | 19 | 0 | MEMORANDUM in opposition re 14 Motion to Vacate Arrest in Part and for Other Relief re: 7 Order by Haimark Line, LTD. (Attachments: # 1 Exhibit Ex. 1 - Order dated 12-8-15, # 2 Exhibit Ex. 2 - Order dated 12-29-15, # 3 Exhibit Ex. 3 - Declaration of Brinen)(Kelley, Allan) Modified on 2/18/2016 to update link (BD). (Entered: 02/18/2016) | |||
| 2016-02-19 | 20 | 0 | MEMORANDUM in opposition re 17 Motion to Perfrom Work on Vessel filed by Haimark Line, LTD. (Attachments: # 1 Exhibit Ex. A Hold Harmless Agreement)(Kelley, Allan) (Notified counsel to include full court caption on future filings) Modified on 2/22/2016 to edit text (BD). (Entered: 02/19/2016) | |||
| 2016-02-22 | 21 | 0 | MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: MOTION HEARING held on 2/22/2016 re 14 Defendant Clipper Cruises, Ltd's Motion to Vacate Arrest in Part and for Other Relief and Memorandum of Law in Support Thereof and 17 Claimant Owner's Motion to Perform Work While Vessel Is in Custodia Legis. Court Reporter: Cornerstone/Digital (MDC) (Entered: 02/23/2016) | |||
| 2016-02-24 | 22 | 0 | Consent MOTION to extend time to Establish March 16 2016 as date for Response to Plaintiff's Complaint by Clipper Cruises, LTD. (Moseley, James) (Entered: 02/24/2016) | |||
| 2016-02-24 | 23 | 0 | ORDER denying without prejudice 17 Claimant Owner's Motion to Perform Work While Vessel Is in Custodia Legis. Signed by Magistrate Judge James R. Klindt on 2/24/2016. (CLR) (Entered: 02/24/2016) | |||
| 2016-02-24 | 24 | 0 | NOTICE of Filing Motion filed by Clipper Cruises, LTD in Bankruptcy Proceeding by Haimark Line, LTD re 14 MOTION to Vacate 1 Complaint , 19 Memorandum in opposition (Attachments: # 1 Exhibit Clipper's Motion for Relief from Automatic Stay to Continue Arbitration of Disputes with the Debtor)(Kelley, Allan) Modified on 2/24/2016 to edit text (BD). (Entered: 02/24/2016) | |||
| 2016-02-24 | 25 | 0 | ORDER granting in part and denying in part 14 Defendant Clipper Cruises, Ltd.'s Motion to Vacate Arrest in Part and for Other Relief and Memorandum of Law in Support Thereof; granting the Motion to the extent that the case is stayed pending completion of the parties' arbitration proceedings, except as required to resolve any issues that might arise regarding bond and work to be performed on the vessel; otherwise denying the Motion; directing the parties to file a status report upon conclusion of the arbitration proceedings; directing the parties to file a status report by 6/23/2016 if the arbitration proceedings are not completed at that time, and to file a status report every 120 days thereafter until the arbitration proceedings are completed. Signed by Magistrate Judge James R. Klindt on 2/24/2016. (CLR) (Entered: 02/24/2016) | |||
| 2016-02-25 | 26 | 0 | ORDER denying as moot 22 Consent Motion to Establish March 16, 2016, as Date for Response to Plaintiff's Complaint. Signed by Magistrate Judge James R. Klindt on 2/25/2016. (CLR) (Entered: 02/25/2016) | |||
| 2016-02-26 | 27 | 0 | ORDER directing administrative closure of case. Signed by Judge Marcia Morales Howard on 2/26/2016. (JW) (Entered: 02/26/2016) | |||
| 2016-02-29 | 28 | 0 | NOTICE of compliance with Supplemental Rule C(4) for Admiralty or Maritime Claims by Haimark Line, LTD (Attachments: # 1 Exhibit Proof of Publication)(Kelley, Allan) (Entered: 02/29/2016) | |||
| 2016-03-03 | 29 | 0 | MOTION to Expedite Def Clipper Cruises Motion and Memorandum Seeking Leave for Expedited Order for Expedited Request to Produce in Support of a Bond Hearing by Clipper Cruises, LTD. (Attachments: # 1 Exhibit A)(Moseley, James) (Entered: 03/03/2016) | |||
| 2016-03-07 | 30 | 0 | TRANSCRIPT of Motion held on 2/22/2016 before Judge James R. Klindt. Court Reporter/Transcriber Cornerstone Litigation Services, LLC,Telephone number 904-647-4723. 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 or purchased through the Court Reporter. Redaction Request due 3/28/2016, Redacted Transcript Deadline set for 4/7/2016, Release of Transcript Restriction set for 6/6/2016. (BD) (Entered: 03/07/2016) | |||
| 2016-03-07 | 31 | 0 | NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Stephanie T. Lachowicz, RPR, FPR, Cornerstone. (BD) (Entered: 03/07/2016) | |||
| 2016-03-14 | 32 | 0 | RESPONSE in Opposition re 29 MOTION to Expedite Def Clipper Cruises Motion and Memorandum Seeking Leave for Expedited Order for Expedited Request to Produce in Support of a Bond Hearing filed by Haimark Line, LTD. (Kelley, Allan) (Entered: 03/14/2016) | |||
| 2016-03-16 | 33 | 0 | ORDER denying 29 Defendant Clipper Cruises, Ltd.'s Motion and Memorandum Seeking Leave for Expedited Order for Expedited Request to Produce in Support of a Bond Hearing. Signed by Magistrate Judge James R. Klindt on 3/16/2016. (CLR) (Entered: 03/16/2016) | |||
| 2016-03-22 | 34 | 0 | MOTION for miscellaneous relief, specifically Countersecurity Leave to File Answer and Counterclaim by Clipper Cruises, LTD. (Attachments: # 1 Exhibit 1 Answer and Counter Claim, # 2 Exhibit 2 Transcript, # 3 Exhibit 3 part 1 of 2 Bankruptcy Claim, # 4 Exhibit 3 pt 2 of 2 Bnkrptcy, # 5 Exhibit 4 Order, # 6 Exhibit 5 Judgment)(Moseley, James) (Entered: 03/22/2016) | |||
| 2016-03-25 | 35 | 0 | MOTION for Interlocutory Sale of Vessel and Incorporated Memorandum of Law by Haimark Line, LTD. (Kelley, Allan) (Notified counsel's assistant to include full court caption on future filings) Modified on 3/28/2016 to edit text (BD). (Entered: 03/25/2016) | |||
| 2016-04-05 | 36 | 0 | RESPONSE in Opposition re 34 MOTION for miscellaneous relief, specifically Countersecurity Leave to File Answer and Counterclaim filed by Haimark Line, LTD. (Attachments: # 1 Exhibit Ex 1 - Motion to Reject Executory Contract, # 2 Exhibit Ex. 2 - the Bankruptcy Court entered an Order granting the Rejection Motion, # 3 Exhibit Ex. 3 - Proof of Claim in the Bankruptcy Case, # 4 Exhibit Ex. 4 - amended its Proof of Claim, # 5 Exhibit Ex. 5 - Motion for Relief from Automatic Stay, # 6 Exhibit Ex. 6 - Haimark did not object to the relief from the automatic stay, # 7 Exhibit Ex. 7 - Order Lifting Automatic Stay, # 8 Exhibit Ex. 8 - Motion to Reconsider Order, # 9 Exhibit Ex. 9 - Declaration of Marcus Leskovar, # 10 Exhibit Ex. 10 - Transcript, # 11 Exhibit Ex. 11 - Schedule F)(Kelley, Allan) (Entered: 04/05/2016) | |||
| 2016-04-08 | 37 | 0 | MOTION for leave to file Reply re: 35 Motion for Interlocutory Sale of Vessel by Clipper Cruises, LTD. (Attachments: # 1 Exhibit Reply)(Moseley, James) Modified on 4/8/2016 to edit text (BD). Modified on 4/12/2016 Document 37 deemed Withdrawn and PDF removed per Court Order 40 (AET). (Entered: 04/08/2016) | |||
| 2016-04-08 | 38 | 0 | NOTICE of withdrawal of motion by Clipper Cruises, LTD re 37 MOTION for leave to file MOL in Opposition to Haimark Motion for Interlocutory Sale of Vessel filed by Clipper Cruises, LTD (Moseley, James) (Entered: 04/08/2016) | |||
| 2016-04-08 | 39 | 0 | MEMORANDUM in opposition re 35 Motion for Miscellaneous Relief filed by Clipper Cruises, LTD. (Moseley, James) (Entered: 04/08/2016) | |||
| 2016-04-11 | 40 | 0 | ORDER deeming withdrawn 37 Defendant Clipper Cruises, Ltd.'s Motion for Leave to File Reply to Plaintiff's Motion for Interlocutory Sale of Vessel, pursuant to 38 Defendant Clipper Cruises, Ltd.'s Notice of Withdrawal of Motion for Leave to File Reply to Plaintiff's Motion for Interlocutory Sale of Vessel. The Clerk of Court is directed to remove from the official court record 37 Defendant Clipper Cruises, Ltd.'s Motion for Leave to File Reply to Plaintiff's Motion for Interlocutory Sale of Vessel. Signed by Magistrate Judge James R. Klindt on 4/11/2016. (CLR) (Entered: 04/11/2016) | |||
| 2016-04-12 | 41 | 0 | NOTICE by Haimark Line, LTD re 34 MOTION for miscellaneous relief, specifically Countersecurity Leave to File Answer and Counterclaim (Attachments: # 1 Exhibit 1 - Order)(Kelley, Allan) (Entered: 04/12/2016) | |||
| 2016-04-15 | 42 | 0 | MOTION for leave to file Reply Brief in Further Support of 34 Motion for Leave to File Answer and Counterclaim and for Countersecurity by Clipper Cruises, LTD. (Attachments: # 1 Exhibit Reply Brief in Further Support of Motion for Leave to File Answer and Counterclaim and for Countersecurity)(Moseley, James) Modified on 4/18/2016 to insert link (BD) (Entered: 04/15/2016) | |||
| 2016-04-15 | 43 | 0 | NOTICE of withdrawal of motion by Clipper Cruises, LTD re 42 MOTION for leave to file Reply Brief in Further Support of Motion for Leave to File Answer and Counterclaim and for Countersecurity filed by Clipper Cruises, LTD and Exhibit 1 (Moseley, James) (Entered: 04/15/2016) | |||
| 2016-04-15 | 44 | 0 | NOTICE by Clipper Cruises, LTD re 34 MOTION for miscellaneous relief, specifically Countersecurity Leave to File Answer and Counterclaim (Attachments: # 1 Exhibit Opposition to Debtor's Motion)(Moseley, James) (Entered: 04/15/2016) | |||
| 2016-04-15 | 45 | 0 | MOTION for leave to file Reply Brief in Further Support of 34 motion for Leave to File Answer and Counterclaim and for Countersecurity by Clipper Cruises, LTD. (Moseley, James) Modified on 4/18/2016 to insert link (BD). (Entered: 04/15/2016) | |||
| 2016-04-18 | 46 | 0 | NOTICE by Haimark Line, LTD re 34 MOTION for miscellaneous relief, specifically Countersecurity Leave to File Answer and Counterclaim (Attachments: # 1 Exhibit Ex. 1 - Order)(Kelley, Allan) (Entered: 04/18/2016) | |||
| 2016-04-18 | 47 | 0 | NOTICE by Clipper Cruises, LTD re 34 MOTION for miscellaneous relief, specifically Countersecurity Leave to File Answer and Counterclaim (Attachments: # 1 Exhibit Order)(Moseley, James) (Entered: 04/18/2016) | |||
| 2016-04-19 | 48 | 0 | ORDER granting 45 Defendant Clipper Cruises, Ltd.'s Motion for Leave to File Reply Brief in Further Support of Motion for Leave to File Answer and Counterclaim and for Countersecurity. No later than 4/26/2016, Defendant may file a reply to 36 Plaintiff Haimark Line, Ltd.'s Response in Opposition to Defendant Clipper Cruises, Ltd.'s Motion for Leave to File Answer and Counterclaim and for Countersecurity; the reply shall not exceed five (5) pages. No later than 5/3/2016, Plaintiff may (but is not required to) file a sur-reply not to exceed five (5) pages. Signed by Magistrate Judge James R. Klindt on 4/19/2016. (CLR) (Entered: 04/19/2016) | |||
| 2016-04-26 | 49 | 0 | MEMORANDUM in support re 34 Motion for Miscellaneous Relief, specifically Countersecurity filed by Clipper Cruises, LTD. (Attachments: # 1 Exhibit Transcript 26-29)(Moseley, James) Modified on 4/27/2016 to edit text (BD). (Entered: 04/26/2016) | |||
| 2016-05-04 | 50 | 0 | REPLY to Response to Motion re 34 MOTION for miscellaneous relief, specifically Countersecurity Leave to File Answer and Counterclaim filed by Haimark Line, LTD. (Attachments: # 1 Exhibit A - Haimark's Objection)(Kelley, Allan) (Entered: 05/04/2016) | |||
| 2016-05-17 | 51 | 0 | Joint MOTION to stay All Pending Motions Before the Court and to Allow Defendant Clipper Cruises, Ltd to Work Onboard the Vessel by Clipper Cruises, LTD. (Attachments: # 1 Exhibit Proposed Order)(Moseley, James) (per counsel refiled correctly at DE#52) Modified on 5/17/2016 (MDC). (Entered: 05/17/2016) | |||
| 2016-05-17 | 52 | 0 | Joint MOTION to stay All Pending Motions Before teh Court and to Allow Defendant Clipper Curises, Ltd to Work Onboard the Vessel by Clipper Cruises, LTD. (Attachments: # 1 Exhibit Proposed Order)(Moseley, James) (No signature on motion. Notified Counsel to re-file). (Counsel re-filed correctly at DE 53 . Modified on 5/18/2016 to edit text (BD). (Entered: 05/17/2016) | |||
| 2016-05-18 | 53 | 0 | Joint MOTION to stay all pending motions before the Court and to allow Defendant Clipper Cruises, Ltd. to work onboard the Vessel by Clipper Cruises, LTD. (Attachments: # 1 Exhibit Proposed Order)(Moseley, James) (Entered: 05/18/2016) | |||
| 2016-05-23 | 54 | 0 | ORDER granting 53 Joint Motion To Stay All Pending Motions Before the Court and To Allow Defendant Clipper Cruises, Ltd. To Work Onboard the Vessel; staying and directing Clerk to terminate 34 and 35 motions; SEE ORDER FOR DETAILS. Signed by Magistrate Judge James R. Klindt on 5/23/2016. (KAW) (Entered: 05/23/2016) | |||
| 2016-06-06 | 55 | 0 | STIPULATION for Release of Vessel and Dismissal of Action with Prejudice by Clipper Cruises, LTD. (Attachments: # 1 Exhibit Proposed Order)(Moseley, James) (Entered: 06/06/2016) | 2016-06-06 16:55:55 | 56af2119de6bf09580fca189bcd4dff9398e3b4c | |
| 55 | 1 | Exhibit Proposed Order |