| Court: | flsd |
| Docket #: | 1:12-cv-21300 |
| Case Name: | Power Marine, Inc. v. M/V "Sheshi" et al |
| PACER case #: | 397746 |
| Date filed: | 2012-04-04 |
| Assigned to: | Magistrate Judge Edwin G. Torres |
| Case Cause: | 28:1333 Admiralty |
| Nature of Suit: | 120 Contract: Marine |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Power Marine, Inc. Plaintiff |
Maria Emelina Mejer-Kondla |
| M/V "Sheshi" Defendant its engines, tackle, apparel, etc., in rem |
George William Wickhorst , III |
| John J. Shilen Defendant in personam |
George William Wickhorst , III |
| John J. Shilen Counter Claimant in personam |
George William Wickhorst , III |
| Power Marine, Inc. Counter Defendant |
Maria Emelina Mejer-Kondla |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-04-04 | 1 | 0 | VERIFIED COMPLAINT against All Defendants. Filing fee $ 350.00 receipt number 113C-4613592, filed by POWER MARINE, INC. (Attachments: # 1 Summon(s), # 2 Civil Cover Sheet)(Mejer-Kondla, Maria) Modified text on 4/4/2012 (ar2). (Entered: 04/04/2012) | |||
| 2012-04-04 | 2 | 0 | Judge Assignment to Judge Ursula Ungaro (ar2) (Entered: 04/04/2012) | |||
| 2012-04-04 | 3 | 0 | Summons Issued as to JOHN J SHILEN. (ar2) (Entered: 04/04/2012) | |||
| 2012-04-05 | 4 | 0 | Clerks Notice to Filer re 1 Complaint. Document not filed in Text Searchable Format; ERROR - The document was not filed in Text Searchable Format. All future filings must be submitted in Text Searchable format as instructed in the CM/ECF Administrative Procedure 3G(5) -Page 10-. It is not necessary to refile this document. (tp) (Entered: 04/05/2012) | |||
| 2012-04-12 | 5 | 0 | ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE: Initial Planning and Scheduling Conference set for 6/15/2012 10:30 AM in Miami Division before Judge Ursula Ungaro. -Joint Scheduling Report due by 6/1/2012. Signed by Judge Ursula Ungaro on 4/11/2012. (See Order for Details). (ar2) (Entered: 04/16/2012) | |||
| 2012-05-30 | 6 | 0 | Plaintiff's MOTION for Extension of Time to File Joint Planning and Scheduling Report by Power Marine, Inc.. Responses due by 6/18/2012 (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Mejer-Kondla, Maria) (Entered: 05/30/2012) | |||
| 2012-06-04 | 7 | 0 | ORDER granting in part 6 Motion for Extension of Time. -Joint Planning and Scheduling Report due by 7/13/2012. Initial Planning and Scheduling Conference reset for 7/27/2012 10:30 AM before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 6/4/2012. (See Order for Details). (ar2) (Entered: 06/04/2012) | |||
| 2012-06-08 | 8 | 0 | Plaintiff's MOTION for Service by Publication Verified by Power Marine, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mejer-Kondla, Maria) (Entered: 06/08/2012) | |||
| 2012-06-11 | 9 | 0 | CLAIM Verified Claim and Statement of Interest by M/V "Sheshi". (Wickhorst, George) (Entered: 06/11/2012) | |||
| 2012-06-25 | 10 | 0 | Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint by M/V "Sheshi". Responses due by 7/12/2012 (Attachments: # 1 Affidavit)(Wickhorst, George) (Entered: 06/25/2012) | |||
| 2012-06-26 | 11 | 0 | ORDER granting 8 Plaintiff's Motion for Leave to Serve by Publication. Signed by Judge Ursula Ungaro on 6/26/2012. (ar2) (Entered: 06/27/2012) | |||
| 2012-06-27 | 12 | 0 | Notice of Action filed by Power Marine, Inc. John J. Shilen answer/written defenses due by 8/3/2012. (ar2) (Entered: 06/27/2012) | |||
| 2012-07-09 | 13 | 0 | RESPONSE in Opposition re 10 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint filed by Power Marine, Inc.. (Attachments: # 1 Affidavit Declaration of Raul Ibanez)(Mejer-Kondla, Maria) (Entered: 07/09/2012) | |||
| 2012-07-12 | 14 | 0 | REPLY to Response to Motion re 10 Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint filed by M/V "Sheshi". (Wickhorst, George) (Entered: 07/12/2012) | |||
| 2012-07-13 | 15 | 0 | SCHEDULING REPORT - Rule 26(f) by M/V "Sheshi", Power Marine, Inc. (Attachments: # 1 Text of Proposed Order Scheduling Order)(Mejer-Kondla, Maria) (Entered: 07/13/2012) | |||
| 2012-07-24 | 16 | 0 | Notice of Action/Publication filed by Power Marine, Inc.. (Mejer-Kondla, Maria) Modified to add missing event [DE 17] SERVICE (Proof) by Publication on 7/25/2012 (ar2). (Entered: 07/24/2012) | |||
| 2012-07-24 | 17 | 0 | SERVICE (Proof) by Publication by Power Marine, Inc. Last Publication date 7/20/2012. Claims/Positions/Written Defenses/Answers/etc., due by 8/23/2012. (See DE 16 for image). (ar2) (Entered: 07/25/2012) | |||
| 2012-07-25 | 18 | 0 | Clerks Notice to Filer re 16 Notice of Action/Publication, 17 Service (Proof) by Publication. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ar2) (Entered: 07/25/2012) | |||
| 2012-07-25 | 19 | 0 | ORDER denying 10 Motion to Dismiss for Lack of Jurisdiction. The initial Planning and Scheduling Conference scheduled for July 27, 2012, is CANCELLED. Signed by Judge Ursula Ungaro on 7/25/2012. (See Order for details). (ar2) (Entered: 07/26/2012) | |||
| 2012-08-03 | 20 | 0 | ANSWER and Affirmative Defenses to Complaint by M/V "Sheshi".(Wickhorst, George) (Entered: 08/03/2012) | |||
| 2012-08-03 | 21 | 0 | John J. Shilen's ANSWER and Affirmative Defenses to Complaint , First COUNTERCLAIM John J. Shilen against Power Marine, Inc. by John J. Shilen. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Wickhorst, George) (Entered: 08/03/2012) | |||
| 2012-08-21 | 22 | 0 | SCHEDULING ORDER for Pretrial Conference and Trial: Pretrial Conference set for 3/8/2013 10:30 AM in Miami Division before Judge Ursula Ungaro. Trial set for 3/25/2013 9:00 AM before Judge Ursula Ungaro. Calendar Call set for 3/20/2013 1:00 PM before Judge Ursula Ungaro. Amended Pleadings due by 9/14/2012. Discovery due by 12/14/2012. Expert Discovery due by 12/14/2012. Joinder of Parties due by 9/14/2012. In Limine Motions due by 1/25/2013. All Motions due by 1/11/2013. Joint Pretrial Stipulation due by 2/1/2013. Signed by Judge Ursula Ungaro on 8/17/2012. (ar2) (Entered: 08/22/2012) | |||
| 2012-08-21 | 23 | 0 | ORDER REFERRING CASE to Mediation. Signed by Judge Ursula Ungaro on 8/17/2012. (See Order for details). (ar2) (Entered: 08/22/2012) | |||
| 2012-08-23 | 24 | 0 | ANSWER to Counterclaim by Power Marine, Inc..(Mejer-Kondla, Maria) (Entered: 08/23/2012) | |||
| 2012-09-10 | 25 | 0 | NOTICE of Mediator Selection: Michael P. Essington selected.(Mejer-Kondla, Maria) (Entered: 09/10/2012) | |||
| 2012-09-12 | 26 | 0 | Plaintiff's MOTION for Extension of Time to Amend Pleadings and Add Parties by Power Marine, Inc.. Responses due by 10/1/2012 (Attachments: # 1 Text of Proposed Order)(Mejer-Kondla, Maria) (Entered: 09/12/2012) | |||
| 2012-09-13 | 27 | 0 | ORDER GRANTING Plaintiff's Motion for Extension of Time. Signed by Judge Ursula Ungaro on 9/13/2012. (mth) (Entered: 09/13/2012) | |||
| 2012-09-13 | 28 | 0 | ORDER granting 26 Motion for Extension of Time to Amend. Amended Pleadings due by 9/28/2012. Signed by Judge Ursula Ungaro on 9/13/2012. (mth) (Entered: 09/13/2012) | |||
| 2012-11-17 | 29 | 0 | Plaintiff's MOTION for Summary Judgment against Defendants by Power Marine, Inc.. Responses due by 12/6/2012 (Mejer-Kondla, Maria) (Entered: 11/17/2012) | |||
| 2012-11-17 | 30 | 0 | Plaintiff's MOTION for Issuance of Warrant in rem by Power Marine, Inc.. (Attachments: # 1 Text of Proposed Order Order Authorizing Clerk to Issue Warrant for Arrest of Vessel, # 2 Warrant Warrant for Arrest In Rem)(Mejer-Kondla, Maria) (Entered: 11/17/2012) | |||
| 2012-11-27 | 31 | 0 | ORDER TO SHOW CAUSE Show Cause Response due by 12/3/2012. Signed by Judge Ursula Ungaro on 11/26/12. (tp) (Entered: 11/27/2012) | |||
| 2012-11-28 | 32 | 0 | NOTICE by Power Marine, Inc. of Filing Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order Scheduling Mediation)(Mejer-Kondla, Maria) (Entered: 11/28/2012) | |||
| 2012-11-28 | 33 | 0 | NOTICE by Power Marine, Inc. of Filing Interim Joint Status Report (Attachments: # 1 Interim Joint Status Report)(Mejer-Kondla, Maria) (Entered: 11/28/2012) | |||
| 2012-12-03 | 34 | 0 | Notice of Mediation Hearing before Mediator, Michael P. Essington filed by Michael P. Essington. Mediation Hearing set for 1/7/2013 02:00 PM (Essington, Michael) (Entered: 12/03/2012) | |||
| 2012-12-06 | 35 | 0 | NOTICE by John J. Shilen of Filing Affidavit of Eric Helfritz in Opposition to Plaintiff's Motion for Summary Judgment (Wickhorst, George) (Entered: 12/06/2012) | |||
| 2012-12-06 | 36 | 0 | NOTICE by John J. Shilen of Filing Affidavit of John Shilen in Opposition to Plaintiff's Motion for Summary Judgment (Wickhorst, George) (Entered: 12/06/2012) | |||
| 2012-12-06 | 37 | 0 | NOTICE by John J. Shilen of Filing Counter Statement of Facts in Opposition to Plaintiffs Motion for Summary Judgment (Wickhorst, George) (Entered: 12/06/2012) | |||
| 2012-12-06 | 38 | 0 | RESPONSE in Opposition re 29 Plaintiff's MOTION for Summary Judgment against Defendants filed by John J. Shilen. (Wickhorst, George) (Entered: 12/06/2012) | |||
| 2012-12-07 | 39 | 0 | RESPONSE in Opposition re 30 Plaintiff's MOTION for Issuance of Warrant in rem filed by M/V "Sheshi". (Wickhorst, George) (Entered: 12/07/2012) | |||
| 2012-12-11 | 40 | 0 | MOTION to Compel Production of Documents Responsive to Request to Produce by M/V "Sheshi". Responses due by 12/31/2012 (Wickhorst, George) (Entered: 12/11/2012) | |||
| 2012-12-12 | 41 | 0 | ORDER REFERRING MOTION: 40 MOTION to Compel Production of Documents Responsive to Request to Produce filed by M/V "Sheshi" Motions referred to Edwin G. Torres Signed by Judge Ursula Ungaro on 12/12/12. (tp) (Entered: 12/12/2012) | |||
| 2012-12-13 | 42 | 0 | ORDER Scheduling Mediation before Michael P. Essington, Mediation Hearing set for 1/7/2013 02:00 PM. Signed by Judge Ursula Ungaro on 12/11/2012. (ls) (Entered: 12/14/2012) | |||
| 2012-12-14 | 43 | 0 | REPLY to Response to Motion re 29 Plaintiff's MOTION for Summary Judgment against Defendants filed by Power Marine, Inc.. (Mejer-Kondla, Maria) (Entered: 12/14/2012) | |||
| 2012-12-17 | 44 | 0 | NOTICE by Power Marine, Inc. re 29 Plaintiff's MOTION for Summary Judgment against Defendants, 43 Reply to Response to Motion of Filing Declaration of Marlene Oliva in Support of Power Marine, Inc.'s Motion for Summary Judgment (Mejer-Kondla, Maria) (Entered: 12/17/2012) | |||
| 2012-12-17 | 45 | 0 | ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres. Signed by Judge Ursula Ungaro on 12/17/2012. (mth) (Entered: 12/17/2012) | |||
| 2012-12-17 | 46 | 0 | ORDER TO CLERK OF COURT. Case is transferred to Magistrate Judge Edwin G. Torres upon consent of the parties. Judge Ursula Ungaro no longer assigned as presider judge(s) in case Signed by Judge Ursula Ungaro on 12/17/12. (tp) (Entered: 12/18/2012) | |||
| 2012-12-31 | 47 | 0 | REPLY to Response to Motion re 30 Plaintiff's MOTION for Issuance of Warrant in rem filed by Power Marine, Inc.. (Mejer-Kondla, Maria) (Entered: 12/31/2012) | |||
| 2013-01-07 | 48 | 0 | MEDIATION REPORT by Michael P. Essington. Disposition: Adjourned.(Essington, Michael) (Entered: 01/07/2013) | |||
| 2013-01-08 | 49 | 0 | STATUS REPORT ORDER. This matter is before the Court sua sponte following referral of the case for trial upon the parties' consent. [D.E. 45]. The parties are directed to confer and advise the Court, through a joint status report, of either: 1) their intent to retain the deadlines set forth in [D.E. 22]; or, 2) their option to change the current schedule, along with three proposed dates for a specially set trial. Upon review of the parties' submission and if the parties elect for a new trial date, the Court will enter an amended scheduling order. Joint Status Report due by 1/16/2013. Docket Order Signed by Magistrate Judge Edwin G. Torres on 1/8/2013. (dgm) (Entered: 01/08/2013) | |||
| 2013-01-10 | 50 | 0 | ORDER granting 40 Motion to Compel Production, by default under S.D. Fla. Local R. 7.1 based upon the absence of timely opposition from Plaintiff, as well as the good cause shown on the face of the motion. Plaintiff has not sustained its burden to sustain its objections to the production requests identified. Plaintiff accordingly shall produce responsive documents to the requests at issue within ten days (subject to this Order that requires confidentiality of documents produced hereunder, which precludes disclosure of any confidential documents identified to any third parties or to anyone for reasons other than the prosecution/defense of this action). Docket Order Signed by Magistrate Judge Edwin G. Torres on 1/10/2013. (EGT) (Entered: 01/10/2013) | |||
| 2013-01-16 | 51 | 0 | NOTICE by John J. Shilen of Filing Joint Interim Status Report (Wickhorst, George) Modified to add missing event [DE 52] Interim Joint Status Report on 1/17/2013 (ar2). (Entered: 01/16/2013) | |||
| 2013-01-16 | 52 | 0 | INTERIM JOINT STATUS REPORT by M/V "Sheshi", Power Marine, Inc., and John J. Shilen. (See DE 51 for image). (ar2) (Entered: 01/17/2013) | |||
| 2013-01-17 | 53 | 0 | SCHEDULING ORDER: Pretrial Conference set for 3/20/2013 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. Jury Trial set for 3/25/2013 09:00 AM in Miami Division before Magistrate Judge Edwin G. Torres, James Lawrence King Federal Justice Building, 99 NE 4th Street, 10th Floor - Courtroom 10-5, Miami, FL 33132. Discovery due by 1/31/2013. In Limine Motions due by 2/22/2013. Motions due by 2/15/2013. Pretrial Stipulation due by 3/1/2013. Signed by Magistrate Judge Edwin G. Torres on 1/17/2013. (mdc) (Entered: 01/17/2013) | |||
| 2013-01-17 | 54 | 0 | Order on Trial Instructions: Signed by Magistrate Judge Edwin G. Torres on 1/17/2013. (mdc) (Entered: 01/17/2013) | |||
| 2013-01-28 | 55 | 0 | Joint MOTION to Continue Trial by John J. Shilen. Responses due by 2/14/2013 (Wickhorst, George) (Entered: 01/28/2013) | |||
| 2013-01-28 | 56 | 0 | ORDER granting 55 Joint Motion to Continue Deadlines and Trial. The parties' motion to modify the current scheduling Order by thirty days is Granted. An amended scheduling Order shall be entered that adopts the new proposed dates in the motion and continues the trial if necessary to April 22, 2013. Docket Order Signed by Magistrate Judge Edwin G. Torres on 1/28/2013. (EGT) (Entered: 01/28/2013) | |||
| 2013-01-31 | 57 | 0 | NOTICE by John J. Shilen of Filing Deposition of Plaintiff's Corporate Represenative Raul Ibanez (Attachments: # 1 Affidavit Depoosition of Plaintiff's Corporate Representative, Raul Ibanez)(Wickhorst, George) (Entered: 01/31/2013) | |||
| 2013-01-31 | 58 | 0 | NOTICE by John J. Shilen Filing Deposition of Marlene Oliva (Attachments: # 1 Deposition Deposition of Marlene Oliva)(Wickhorst, George) (Entered: 01/31/2013) |