| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2001-03-14 |
1 |
0 |
Complaint |
VERIFIED COMPLAINT; verification of Lars C. Matthiesen; exhibit a; summons (Summons(es) issued) (afc) |
|
|
| 2001-03-14 |
2 |
0 |
Order |
ORDER by Judge David A. Ezra rule 16 conference set for 9:00 6/25/01 before Mag Judge Leslie E. Kobayashi (afc) |
|
|
| 2001-03-14 |
3 |
0 |
Ex Parte Motion and order |
EX PARTE MOTION by plaintiff for order appointing substitute custodian and providing for custodia legis expenses after arrest ; affidavit of Gary L. Naftel; ORDER by Judge Helen Gillmor appointing substitute custodian and providing for custodia legis expenses after arrest - appointing Gary L. Naftel custodian of deft vessel (afc) |
|
|
| 2001-03-14 |
4 |
0 |
Ex Parte Motion and order |
EX PARTE MOTION by plaintiff for order to issue warrant of maritime arrest ; memorandum supporting ex parte motion; ORDER by Judge Alan C. Kay to issue warrant of maritime arrest (afc) |
|
|
| 2001-03-14 |
5 |
0 |
|
WARRANT FOR MARITIME ARREST issued by Walter A.Y.H. Chinn, Clerk/Theresa Lam, Deputy Clerk (afc) |
|
|
| 2001-03-22 |
6 |
0 |
Service - Miscellaneous |
PROCESS RECEIPT AND RETURN OF SERVICE of arrest warrant, verified complaint and other supporting documentation executed by USM upon defendant Pacific Shores, M/V on 3/15/01; vessel posted - substitute custodian, attorney and captain of vessel present; est value $800,000 (afc) |
|
|
| 2001-05-03 |
7 |
0 |
Notice of Hearing |
NOTICE of hearing rule 16 conference set for 9:00 6/28/01 before Mag Judge Leslie E. Kobayashi (cc: Robert G. Frame, John O'Kane, Jr., Michael Nakano) (fe) |
|
|
| 2001-05-04 |
8 |
0 |
Summons Issued |
SUMMONS issued as to third-party defendant Gary L. Naftel (fe) |
|
|
| 2001-05-11 |
9 |
0 |
Certificate of Service |
First Amended CERTIFICATE of service (fe) |
|
|
| 2001-05-17 |
10 |
0 |
Service - Miscellaneous |
RETURN OF SERVICE executed upon third-party defendant Gary L. Naftel on 5/16/01 through Ann Y. Fukunaga, V.P. (fe) |
|
|
| 2001-05-16 |
11 |
0 |
Ex Parte Motion and order |
APPLICATION by plaintiff Highland Refrigeration, Inc.'s for attorney Vi Jean Reno appear pro hac vice ; affidavit of Vi Jean Reno; affidavit of Michael J. Nakano; ORDER - by Mag Judge Kevin S. Chang - granting application to appear pro hac vice; certificate of service (lmg) |
|
|
| 2001-05-17 |
12 |
0 |
Service - Miscellaneous |
RETURN OF SERVICE executed: documents served - complaint and summons upon third-party defendant Gary L. Naftel on 5/16/01 (lmg) |
|
|
| 2001-06-05 |
13 |
0 |
Amended Complaint |
First AMENDED THIRD-PARTY COMPLAINT [8-2] by defendant Pacific Shores, M/V against third-party defendant Gary L. Naftel; certificate of service; summons issued (fe) |
|
|
| 2001-06-05 |
14 |
0 |
Miscellaneous Document |
WITHDRAWAL OF MOTION by defendant Pacific Shores, M/V withdrawing answer to verified complaint filed on 3/14/01 [8-1], withdrawing third-party complaint against Third-party deft Gary L. Naftel filed on 5/4/01 [8-2], withdrawing counterclaim against pltf Highland Refrigeration [8-1]; certificate of service (fe) |
|
|
| 2001-06-05 |
15 |
0 |
Miscellaneous Document |
Verified STATEMENT of right by defendant Pacific Shores, M/V; verification; certificate of service (fe) |
|
|
| 2001-06-19 |
16 |
0 |
Motion for Miscellaneous Relief |
NOTICE OF MOTION and motion by defendant, third-party plaintiff to substitute bond for the vessel ; memorandum insupport of motion; affidavit of Grant K. Kidani; exhibit a-b; certificate of service - set for 10:00 7/25/01 before Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-06-20 |
17 |
0 |
Errata |
ERRATA by defendant and third-party plaintiff Pacific Shores, M/V to motion to substitute fond for the vessel [16-1]; exhibit a; certificate of service (fe) |
|
|
| 2001-06-20 |
18 |
0 |
Ex Parte Motion and order |
EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by defendant and third-party plaintiff Pacific Shores, M/V shorten time for hearing ; affidavit of Grant K. Kidani - setting hearing on motion to substitute bond for the vessel [16-1] 2:30 7/5/01 (fe) |
|
|
| 2001-06-21 |
19 |
0 |
Minutes - Miscellaneous |
EO : rule 16 conference set for 9:00 6/18/01 is contd to 9:00 8/6/01 before Mag Judge Leslie E. Kobayashi ; Robert Frame to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps) |
|
|
| 2001-06-26 |
20 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-07-02 |
21 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by plaintiff in opposition to motion to substitute bond for the vessel [16-1]; exhibit a; affidavit of Vi Jean Reno; exhibit a; affidavit of Lars C. Matthiesen; exhibits a-3; certificate of service (fe) |
|
|
| 2001-07-03 |
22 |
0 |
Reply |
REPLY memorandum by defendant Pacific Shores, M/V, third-party plaintiff Pacific Shores, M/V, third-party plaintiff Shores, M/V to pltf's memorandum in opposition to pltfs motion to substitute bond for the vessel re [21-1]; exhibit a; certificate of service (fe) |
|
|
| 2001-07-05 |
23 |
0 |
Minutes - Miscellaneous |
EP :Defendants' motion to substitute bond for the vessel; arguments heard; motion taken under advisement; court to produce order by 7/6/01; settlement conference set for 10:00 7/6/01, LEK - taking under advisement on 7/6/01 the motion to substitute bond for the vessel [16-1] ; settlement/status conference set for 10:00 7/6/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : Tape C335) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-07-06 |
24 |
0 |
Order |
ORDER by Mag Judge Leslie E. Kobayashi granting in part and denying in part motion to substitute bond for the vessel [16-1] (cc: all counsel) (fe) |
|
|
| 2001-07-10 |
25 |
0 |
Minutes - Miscellaneous |
EO : Plaintiff's Motion for Reconsideration of Order Granting in Part and Denying Part Motion to Substitute Bond for the Vessel is due 7/11/01 by 12:00 Noon. Defendant's Opposition is due 7/13/01 by 10:00 a.m. cc: Law Clerk for Magistrate Judge Leslie E. Kobayashi - re [16-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-07-11 |
26 |
0 |
Motion for Reconsideration |
MOTION by plaintiff for reconsideration of order dated 7/6/01 ; memorandum in support of motion; certificate of service - referred to Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-07-11 |
27 |
0 |
Ex Parte Motion and order |
EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by plaintiff Highland Refrigerati shorten time for consideration of motion for reconsideration ; affidavit of Michael J. Nakano (fe) |
|
|
| 2001-07-06 |
28 |
0 |
Minutes - Miscellaneous |
EP : settlement conference held 7/6/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No Record) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-07-13 |
29 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by defendant Pacific Shores, M/V, third-party plaintiff Pacific Shores, M/V, third-party plaintiff Pacific Shores, M/V in opposition to motion for reconsideration of order dated 7/6/01 [26-1]; affidavit of Grant K. Kidani; exhibits a and b; certificate of service (fe) |
|
|
| 2001-07-13 |
30 |
0 |
Order |
ORDER by Mag Judge Leslie E. Kobayashi denying plaintiff's motion for reconsideration of order dated 7/6/01 [26-1] (cc: all counsel) (fe) |
|
|
| 2001-07-09 |
31 |
0 |
Third Party Complaint |
Second amended THIRD-PARTY COMPLAINT: by defendant and third-party plaintiff Pacific Shores, M/V, against third-pty deft Gary L. Naftel; certificate of service; summons issued (fe) |
|
|
| 2001-07-26 |
32 |
0 |
Report of Planning Meeting |
REPORT OF PARTIES PLANNING MEETING by plaintiff; certificate of service (fe) |
|
|
| 2001-07-30 |
33 |
0 |
Scheduling Conference Statement |
SCHEDULING CONFERENCE STATEMENT by third-party defendant Gary L. Naftel; certificate of service (fe) |
|
|
| 2001-07-30 |
34 |
0 |
Scheduling Conference Statement |
SCHEDULING CONFERENCE STATEMENT by plaintiff Highland Refrigerati; certificate of service (fe) |
|
|
| 2001-07-31 |
35 |
0 |
Scheduling Conference Statement |
SCHEDULING CONFERENCE STATEMENT by defendant and third-party plaintiff Pacific Shores, M/V and third-party plaintiff Pacific Shores, M/V; certificate of service (fe) |
|
|
| 2001-08-06 |
36 |
0 |
Minutes - Miscellaneous |
EP :Rule 16 Scheduling Conference held. 1. Non-jury trial on June 4, 2002 at 9:00.a.m. before ACK 2. Final Pretrial Conference on April 23, 2002 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by April 16, 2002 5. File motions to Join/Add Parties/Amend Pleadings by November 2, 2001 6. File other Non-Dispositive Motions by March 6, 2002 7. File Dispositive Motions by January 2, 2002 8a. File Motions in Limine by May 14, 2002 8b. File opposition memo to a Motion in Limine by May 21, 2002 11a. Plaintiff's Expert Witness Disclosures by December 3, 2001 11b. Defendant's Expert Witness Disclosures by January 2, 2002 12. Discovery deadline April 5, 2002 13. Status/Further Settlement Conference set for August 14, 2001 at 11:00 a.m. before LEK 14. Updated Settlement Conference statements by ASAP 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by May 14, 2002 24. Exchange Exhibit and Demonstrative aids by May 7, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by May 14, 2002 26. File objections to the Exhibits by May 21, 2002 28a. File Deposition Excerpt Designations by May 14, 2002 28b. File Deposition Counter Designations and Objections by May 21, 2002 29. File Trial Brief by May 21, 2002 30. File Findings of Fact & Conclusions of Law by May 21, 2002 Other Matters: LR 56.1 Memorandum given to parties. A copy of the Rule 16 Scheduling Order mailed to all parties rule 16 conference held on 9:00 8/6/01 before Mag Judge Leslie E. Kobayashi , Trial set for 9:00 6/4/02 before Judge Alan C. Kay , final pretrial conference set for 9:00 4/23/02 ; Discovery ddl set for 4/5/02 ; Motion filing ddl set for 1/2/02 ; settlement/status conference for 9:00 4/23/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No Record) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-08-07 |
37 |
0 |
Scheduling Order |
Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe) |
|
|
| 2001-08-14 |
38 |
0 |
Minutes - Miscellaneous |
EP : status conference held 8/14/01 before Mag Judge Leslie E. Kobayashi ; further settlement conference held ( Ct Rptr : No JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-09-21 |
39 |
0 |
Minutes - Miscellaneous |
EO : status conference re settlement, etc. set for 9:00 9/24/01 before Mag Judge Leslie E. Kobayashi ; parties notified ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-09-24 |
40 |
0 |
Minutes - Miscellaneous |
EP :Status Conference Re: Settlement held. Settlement Conference set for 2:00 10/1/01, LEK status conference held 9/24/01 ; settlement conference set for 2:00 10/1/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-10-01 |
41 |
0 |
Minutes - Miscellaneous |
EP : further settlement conference held 10/1/01 before Mag Judge Leslie E. Kobayashi ; further settlement conference on call ( Ct Rptr : No Record) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-10-02 |
42 |
0 |
Ex Parte Motion and order |
EX PARTE MOTION and Order {DENIED} by Mag Judge Leslie E. Kobayashi by defendant Pacific Shores, M/V and third-party plaintiff Pacific Shores, M/V shorten time for hearing on the motion to reset the bond submission for the vessel dated on 9/24/01 ; affidavit of Grant K. Kidani (fe) |
|
|
| 2001-10-03 |
43 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-10-03 |
44 |
0 |
Motion for Miscellaneous Relief |
NOTICE OF MOTION and motion by defendant Pacific Shores, M/V and third-party plaintiff Pacific Shores, M/V to reset the bond submission for the vessel ; memorandum in support of motion; affidavit of Grant K. Kidani; affidavit of Mark Collins; exhibits a-h; certificate of service - set for 10:30 11/5/01 before Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-10-11 |
45 |
0 |
Certificate of Service |
CERTIFICATE of service (afc) |
|
|
| 2001-10-11 |
46 |
0 |
Certificate of Service |
CERTIFICATE of service (afc) |
|
|
| 2001-10-11 |
47 |
0 |
Certificate of Service |
CERTIFICATE of service (afc) |
|
|
| 2001-10-11 |
48 |
0 |
Certificate of Service |
CERTIFICATE of service (afc) |
|
|
| 2001-10-12 |
49 |
0 |
Certificate of Service |
CERTIFICATE of service (sealed) |
|
|
| 2001-10-18 |
50 |
0 |
Answer to Counterclaim |
ANSWER TO Second Amended COUNTERCLAIM [31-1] by counter-defendant Highland Refrigeration; certificate of service (fe) |
|
|
| 2001-10-22 |
51 |
0 |
Ex Parte Motion and order |
EX PARTE MOTION and Order DENYING by Mag Judge Leslie E. Kobayashi by defendant and third-party plaintiff Pacific Shores, M/V for leave to advance hearing re motion to reset the bond submission for the vessel [44-1]; affidavit of Grant K. Kidani (fe) |
|
|
| 2001-10-23 |
52 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-10-23 |
53 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by third-party defendant Gary L. Naftel in opposition to deft and third party pltf's motion to reset the bond submission for the vessel [44-1]; affidavit of Julia M. Morgan; exhibits a-c; certificate of service (fe) Modified on 10/24/2001 |
|
|
| 2001-10-23 |
54 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by plaintiff Highland Refrigerati in opposition to defendant and third-party plaintiff M/V Pacific Shores motion to reset the bond submission for the vessel [44-1]; affidavit of Michael J. Nakano; affidavit of Vi Jean Reno; exhibits a-b; affidavit of Lars C. Matthiesen; exhibits 1-3; certificate of service (fe) |
|
|
| 2001-10-25 |
55 |
0 |
Certificate of Service |
First amended CERTIFICATE of service (fe) |
|
|
| 2001-10-26 |
56 |
0 |
Reply |
REPLY memorandum by defendant and third-party plaintiff Pacific Shores, M/V motion in opposition to defendant and third-party pltf M/V Pacific Shores motion to reset the bond submission for the vessel re [54-1]; affidavit of Grant K. Kidani; exhibits a-e; certificate of service (fe) |
|
|
| 2001-10-26 |
57 |
0 |
Reply |
REPLY memorandum by defendant Pacific Shores, M/V, third-party plaintiff Pacific Shores, M/V re deft Gary L. Naftel's memorandum in opposition to deft and third- pty pltf's motion to reset bond [53-1]; affidavit of Grant K. Kidani; certificate of service (fe) |
|
|
| 2001-10-29 |
58 |
0 |
Affidavit |
AFFIDAVIT of Michael J. Nakano re [54-1]; exhibits a-b; certificate of service (fe) |
|
|
| 2001-11-01 |
59 |
0 |
Answer to Third Party Complaint |
ANSWER TO THIRD PARTY COMPLAINT [13-1] by third-party defendant Gary L. Naftel; certificate of service (fe) |
|
|
| 2001-11-05 |
60 |
0 |
Minutes - Miscellaneous |
EP : Defendants' Motion to Reset Bond for the Vessel - Vi Jean Reno participated by phone. Also present, Mark Collins. Arguments heard. Counsel Bryan Y.Y Ho's Oral Request for Payment Denied Without Prejudice. Regarding Counsel Rivers Black's letter, Mr. Black's client is not a party, a Motion to Intervene may be filed and will be considered by the Court. Defendants' Motion to Reset Bond for the Vessel - Based on the information provided, the Court finds $140,000 to be a "fairly stated" bond amount pursuant to Fed. R. Civ. P. Supp. R. E(5)(a), and thus sets bond at this same amount. Plaintiff Highland Refrigeration's arguments with regard to attorneys' fees were previously disposed of by this Court. See Order Granting in Part and Denying in Part Motion to Substitute Bond for the Vessel, filed July 6, 2001; Order Denying Plaintiff's Motion for Reconsideration of Order dated July 6, 2001, filed July 13, 2001. Counsel for Defendants and Third Party Plaintiffs Pacific Shores, LLC and M/V Pacific Shores to prepare the Order. Form and language of bond to be mutually agreeable to all parties. Bond to be posted by 11/13/01. cc: all counsel - re [44-1] ( Ct Rptr : Tape 1735, C335) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-11-09 |
61 |
0 |
Bond |
Posting of the BOND to release the vessel; exhibit a; certificate of service - by defendant, third-party plaintiff Bond No. DA9775 in amount of $ 140,000.00 (fe) |
|
|
| 2001-11-13 |
62 |
0 |
Order |
ORDER by Mag Judge Leslie E. Kobayashi granting motion to reset the bond submission for the vessel [44-1] - on behalf of defts/third-party pltf (fe) |
|
|
| 2001-11-15 |
63 |
0 |
Certificate of Service |
First amended CERTIFICATE of service (fe) |
|
|
| 2001-11-20 |
64 |
0 |
Ex Parte Motion and order |
EX PARTE MOTION and Order by Mag Judge Leslie E. Kobayashi by third-party defendant Gary L. Naftel shorten time for hearing on third-pty deft Gary L. Naftel's motion for reimbursement of administrative expenses; affidavit of Julia M. Morgan; certificate of service (fe) |
|
|
| 2001-11-20 |
65 |
0 |
Motion for Miscellaneous Relief |
NOTICE OF MOTION and motion by third-party defendant Gary L. Naftel for leave for reimbursement of administrative expenses ; third-pty deft Gary L. Naftel's motion for reimbursement of administrative expenses; memorandum in support of motion; affidavit of Richard J. Jozaitis, exhibits a-c; affidavit of Julia M. Morgan, exhibits d-f and certificate of service - set for 9:30 11/28/01 before Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-11-23 |
66 |
0 |
Stipulation and Order |
STIPULATION to release the original bond of admiralty No. DA9775 filed with the court on November 9, 2001 and ORDER by Mag Judge Leslie E. Kobayashi - by defts M/V Pacific Shores [61-1] [Bond released from files so that the form and language of the bond be corrected and accepted by all parties purs to minute order filed 11/5/01; BOND RELEASED 11/23/01 to Ms. Anita Chang of Kidani Marshall] (afc) |
|
|
| 2001-11-21 |
67 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by defendant/third-party plaintiff M/V Pacific Shores in opposition to 3rd-party deft Gary L. Naftel's motion for leave for reimbursement of administrative expenses [65-1]; affidavit of Grant K. Kidani; exhibits a-c; certificate of service (afc) |
|
|
| 2001-11-26 |
68 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-11-27 |
69 |
0 |
Reply |
REPLY memorandum by third-party defendant Gary L. Naftel re memorandum in opposition to motion for reimbursement of administrative expenses [67-1]; certificate of service (fe) |
|
|
| 2001-11-27 |
70 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by plaintiff Highland Refrigerati in opposition to Gary L. Naftel's motion for leave for reimbursement of administrative expenses [65-1] (fe) |
|
|
| 2001-11-27 |
71 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-11-28 |
72 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-11-28 |
73 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-11-28 |
74 |
0 |
Minutes - Miscellaneous |
EP : Third-Party Defendant Gary L. Naftel's Motion for Reimbursement of Administrative Expenses - Vi Jean Reno participated by phone. Arguments heard. Supplemental briefing to be filed, opposition due 12/5/01, reply due 12/12/01. Court to issue Order thereafter. - taking under advisement on the motion for leave for reimbursement of administrative expenses [65-1] ( Ct Rptr : Tape 1738, C335) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-11-28 |
75 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-11-30 |
76 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by plaintiff Highland Refrigerati in opposition to Gary L. Naftel's motion for leave for reimbursement of administrative expenses [65-1] (fe) |
|
|
| 2001-12-05 |
77 |
0 |
Supplement |
SUPPLEMENTAL memorandum by defendant/third-party plaintiff Pacific Shores, M/V re memorandum in opposition to third-party Gary L. Naftel's motion for reimbursement of administrative expenses [67-1]; affidavit of Grant K. Kidani; exhibits d-e; certificate of service (fe) |
|
|
| 2001-12-05 |
78 |
0 |
Supplement |
SUPPLEMENTAL by plaintiff Highland Refrigerati re memorandum in opposition to Gary L. Naftel's motion for reimbursement of administrative expenses [76-1]; certificate of service (fe) |
|
|
| 2001-12-10 |
79 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-12-10 |
80 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-12-12 |
81 |
0 |
Supplement |
SUPPLEMENTAL reply memorandum by third-party defendant Gary L. Naftel re pltf's supplemental memorandum in opposition to motion for reimbursement of administrave expenses [69-1]; affidavit of Gary L. Naftel, exhibit a; certificate of service (dcap) |
|
|
| 2001-12-13 |
82 |
0 |
Minutes - Miscellaneous |
EO : On November 20, 2001, Third-Party Defendant Gary Naftel ("Naftel") filed his Motion for Reimbursement of Administrative Expenses ("Reimbursement Motion") seeking payment of his custodial fees accrued since April 1, 2001 in the amount of $42,337.46. This matter came on for expedited hearing on November 29, 200. In oral argument, opposing counsel sought additional time to provide written opposition to the Reimbursement Motion. Additional time was granted and Plaintiff Highland Refrigeration ("Highland") and Third-party Plaintiffs Pacific Shores, LCC and M/V Pacific Shores (ex Alaskan Shores), O.N. 603879 (collectively "Pacific Shores") were given until December 5, 2001 to file additional memoranda in opposition, and Naftel was permitted to file a reply to the additional opposition by December 12, 2001. Neither Highland nor Pacific Shores provided new arguments nor case law. While Pacific Shores urges the court to withhold the custodial fees in the event that Naftel is ultimately found liable to Pacific Shores for negligence, it provides no legal basis for such action. Pacific Shores also argues that Naftel's custodial fees are not reasonable in light of the fire and ensuing damage to the vessel. Such argument again presupposes Naftel's liability to Pacific Shores for negligence. The Court hereby GRANTS the Motion for Reimbursement of Administrative Expenses in the amount of $42,337.46 in costs for the care and maintenance of the F/V Pacific Shores from April 1, 2001 through December 12, 2001 and finds that the custodial fees and costs incurred were necessary for the maintenance and preservation of the vessel during the period it was detained, that the charges incurred were reasonable. The Clerk of the Court is directed to reimburse and pay to Naftel from the posted bond of the F/V Pacific Shores up to the amount of $42,337.46. For amounts incurred after December 12, 2001, the fees and costs incurred must be presented to the Court to determine whether the fees and costs were reasonably incurred and necessary. Counsel for Third-Party Defendant Gary L. Naftel to prepare the Order. cc: all Counsel, Financial Section, Clerk's Office, USDC - granting motion for leave for reimbursement of administrative expenses [65-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-12-21 |
83 |
0 |
Minutes - Miscellaneous |
EO : status conference re trial date and deadlines set for 9:00 12/27/01 before Mag Judge Leslie E. Kobayashi ; Julia Morgan to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-12-26 |
84 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-12-26 |
85 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-12-26 |
86 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-12-26 |
87 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2001-12-27 |
88 |
0 |
Minutes - Miscellaneous |
EP : status conference re trial date and deadlines held 12/27/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No Record) JUDGE Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2001-12-27 |
89 |
0 |
Order |
ORDER by Mag Judge Leslie E. Kobayashi granting third-party defendant Gary L. Naftel's motion for reimbursement of administrative expenses [65-1] - by third-party deft Gary L. Naftel (fe) |
|
|
| 2002-01-02 |
90 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-02 |
91 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-02 |
92 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-02 |
93 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-02 |
94 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-02 |
95 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-02 |
96 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-02 |
97 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-02 |
98 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) Modified on 01/03/2002 |
|
|
| 2002-01-02 |
99 |
0 |
|
DISCLOSURE OF EXPERT WITNESSES by defendant and third-party plaintiff Pacific Shores, M/V (fe) Modified on 01/03/2002 |
|
|
| 2002-01-03 |
100 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-03 |
101 |
0 |
Motion for Partial Summary Judgment |
NOTICE OF MOTION and motion by counter-defendant Highland Refrigerati for partial summary judgment ; memorandum in support of motion; affidavit of Adrian Y. Chang; affidavit of Lars Matthiesen; exhibits a-c; certificate of service - set for 10:30 2/11/02 before Judge Alan C. Kay (fe) |
|
|
| 2002-01-03 |
102 |
0 |
Miscellaneous Document |
Separate and concise STATEMENT of facts by counter-defendant Highland Refrigerati in support of motion for partial summary judgment [101-1]; certificate of service (fe) |
|
|
| 2002-01-03 |
103 |
0 |
Motion for Summary Judgment |
NOTICE OF MOTION and motion by third-party defendant Gary L. Naftel for summary judgment ; memorandum in support of motion - set for 10:30 2/11/02 before Judge Alan C. Kay (fe) |
|
|
| 2002-01-03 |
104 |
0 |
Miscellaneous Document |
Separate and concise STATEMENT of facts by third-party defendant Gary L. Naftel in support of motion for summary judgment [103-1]; affidavit of Julia M. Morgan; exhibits a-g; affidavit of Gary L. Naftel; exhibit h; certificate of service (fe) |
|
|
| 2002-01-04 |
105 |
0 |
Supplement |
SUPPLEMENT by defendant, third-party plaintiff Pacific Shores, M/V, third-party plaintiff Shores, M/V re disclosure of expert witnesses [99-1]; certificate of service (fe) |
|
|
| 2002-01-07 |
106 |
0 |
Memorandum in Support of Motion |
Supplemental MEMORANDUM by counter-defendant Highland Refrigerati in support of motion for partial summary judgment [101-1]; exhibits a-b; certificate of service (fe) |
|
|
| 2002-01-07 |
107 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-08 |
108 |
0 |
Supplement |
Second SUPPLEMENT by defendant and third-party plaintiff Pacific Shores, M/V re disclosure of expert witnesses [105-1]; exhibit a; certificate of service (fe) |
|
|
| 2002-01-10 |
109 |
0 |
Appeal of Magistrate Judge Decision to District Court |
APPEAL FROM MAGISTRATE'S ORDER [89-1] by defendant and third-party plaintiff Pacific Shores, M/V, third-party plaintiff Pacific Shores, M/V; memorandum in support of appeal; affidavit of Grant K. Kidani; exhibits a-i; certificate of service - referred to Judge Alan C. Kay (fe) |
|
|
| 2002-01-11 |
110 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-11 |
111 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-01-15 |
112 |
0 |
Motion to Intervene |
NOTICE OF MOTION and third-party plaintiff's motion to intervene and supporting memorandum of Certain Underwriters at Lloyd's, London subscribing to policy No. AA112300U; declaration of Michael F. O'Connor; exhibits a and b; certificate of srvice - set for 10:30 2/15/02 before Mag Judge Leslie E. Kobayashi (fe) |
|
|
| 2002-01-16 |
113 |
0 |
|
DECLARATION by third-party plaintiff Certain Underwrit of W.L. Rivers Black in support of motion to intervene and supporting memorandum of Certain Underwriters at Lloyd's London subscribing to policy no. AA112300U re [112-1]; certificate of service (fe) |
|
|
| 2002-01-22 |
114 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by third-party defendant Gary L. Naftel in opposition to deft and third party plaintiff M/V Pacific Shores (Ex Alaskan Shores), O.N. 603879 and third-party pltf Pacific Shores LLC's appeal motion APPEAL FROM MAGISTRATE'S ORDER [89-1] [109-1]; declaration of Julia M. Morgan; exhibits a-c; certificate of service (fe) |
|
|
| 2002-01-24 |
115 |
0 |
Miscellaneous Document |
STATEMENT of no position and no appearance by defendant and third-party plaintiff Pacific Shores, M/V to third-party pltf Certain Underwriters at Lloyd's, London's motion to intervene [112-1]; certificate of service (fe) |
|
|
| 2001-10-24 |
116 |
0 |
Certificate of Service |
Amended CERTIFICATE of service (sealed) |
|
|
| 2002-01-24 |
117 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by third-party defendant Gary L. Naftel in opposition to motion for partial summary judgment [101-1]; certificate of service (fe) |
|
|
| 2002-01-24 |
118 |
0 |
Miscellaneous Document |
Separate and concise STATEMENT of facts by third-party defendant Gary L. Naftel in support of memorandum [117-1]; declaration of Julia M. Morgan, Exhibit c; affidavit of Gary L. Naftel; exhibits 1-b and d-j; certificate of service (fe) |
|
|
| 2002-01-24 |
119 |
0 |
Response - Miscellaneous |
Combined opposition MEMORANDUM by defendant and third-party plaintiff Pacific Shores, M/V RE: Gary Naftel's separate and concise statement of facts in support of his motion for summary judgment filed on 1/3/02 and in support of his motion for summary judgment [118-1]; certificate of service (fe) |
|
|
| 2002-01-24 |
120 |
0 |
Response - Miscellaneous |
Combined opposition MEMORANDUM by defendant and third-party plaintiff Pacific Shores, M/V RE: deft Highland Refrigeration's separate and concise statement of facts in support of their motion for partial summary [102-1] and in support of deft and third-party pltf M/V Pacific Shores and Third-party pltf Pacific Shores LLCD's motion for partial summary judgment; certificate of service (fe) |
|
|
| 2002-01-24 |
121 |
0 |
Motion for Summary Judgment |
NOTICE OF MOTION and counter-motion by defendant and third-party plaintiff Pacific Shores, M/V for summary judgment as to third-partydefendant Gary L. Naftel ; combined memorandum in support of counter motion and memorandum in opposition to third-party defendant Gary L. Naftel's motion for summary judgment filed 1/3/02; affidavit of Grant K. Kidani; declaration of Marui Oaksmith; exhibits a-g; certificate of service - set for 9:30 3/4/02 before Judge Alan C. Kay (fe) |
|
|
| 2002-01-24 |
122 |
0 |
Motion for Partial Summary Judgment |
NOTICE OF MOTION and counter motion by defendant and third-party plaintiff Pacific Shores, M/V for partial summary judgment as to counterclaim defendant Highland Refrigeration ; combined memorandum in support of counter motion and memorandum in opposition to counterclaim defendant Highland Refrigeration's motion for partial summary judgment filed on 1/3/02; affidavit of Grant K. Kidani; affidavit of Mark Collins; declaration of Nelson Lynch; declaration of Mauri Oaksmith; exhibits a-g; certificate of service - set for 9:30 3/4/02 before Judge Alan C. Kay (fe) |
|
|
| 2002-01-25 |
123 |
0 |
Certificate of Service |
First amended CERTIFICATE of service (fe) |
|
|
| 2002-01-25 |
124 |
0 |
Certificate of Service |
First amended CERTIFICATE of service (fe) |
|
|
| 2002-01-25 |
125 |
0 |
Certificate of Service |
First amended CERTIFICATE of service (fe) |
|
|
| 2002-01-25 |
126 |
0 |
Certificate of Service |
First amended CERTIFICATE of service (fe) |
|
|
| 2002-01-28 |
127 |
0 |
Notice of Hearing |
NOTICE of setting hearing on: third-party deft Gary L. Naftel's motion for summary judgment [103-1] and counterclaim defendant Highland Refrigerations motion for partial summary judgment [101-1] hrg reset to new date and time: 9:30 3/4/02 (cc: Adrian Chang, Bryan Ho, Grant Kidani/Alan Wong, John O'Kane/Michael Nakano) (fe) |
|
|
| 2002-01-28 |
128 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by counter-defendant Highland Refrigerati in opposition to motion to intervene [112-1]; affidavit of Adrian Y. Chang; exhibits a-b; certificate of service (fe) |
|
|
| 2002-01-28 |
129 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by third-party defendant Gary L. Naftel in opposition to motion to intervene [112-1]; affidavit of Julia M. Morgan; exhibits a-d; certificate of service (fe) |
|
|
| 2002-01-31 |
130 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-02-04 |
131 |
0 |
Reply |
REPLY by third-party plaintiff Certain Underwrit to Highland Refrigeration's and Gary L. Naftel's opposition to motion to intervene re [129-1], re [128-1] (fe) |
|
|
| 2002-02-06 |
132 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-02-12 |
133 |
0 |
|
DECLARATION of W.L. Rivers Black in support of reply to Highland Refrigeration's and Gary L. Naftel's opposition to motion to intervene by Certain Underwriters at Lloyd's London subscribing to Policy No. AA112300U re [129-1], re [128-1] (fe) |
|
|
| 2002-02-12 |
134 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-02-12 |
135 |
0 |
Order |
ORDER by Judge Alan C. Kay affirming in part and reversing in part MAGISTRATE JUDGE'S ORDER [89-1] [109-1] - court affirms that portion of the order holding Naftel's fees and costs were reasonable and reverses that portion of the order authorizing owner's posted bond exacted to pay Naftel's fees & costs (cc: all counsel) (eps) |
|
|
| 2002-02-14 |
136 |
0 |
Memorandum in Opposition to Motion |
OPPOSITION by third-party defendant Gary L. Naftel to defendant and third-party plaintiff M/V Pacific SHores (ex Alaskan Shores), ON 603879 and third party plaintiff Pacific Shores LLC counter motion for summary judgment; certificate of service [121-1] (eps) |
|
|
| 2002-02-14 |
137 |
0 |
Miscellaneous Document |
Separate and concise STATEMENT of facts; declaration of Julia M. Morgan, exhibits a-b; affidavit of Gary L. Naftel; certificate of service - by third-party defendant Gary L. Naftel [136-1] (eps) |
|
|
| 2002-02-15 |
138 |
0 |
Minutes - Miscellaneous |
EP : Third-Party Plaintiff Certain Underwriters at Lloyd's, London's Motion to Intervene - Reno, Altenburn and Black participated by phone. Arguments heard. Motion taken under Advisement. [11:00-11:25] Further Settlement Conference held (off the record). Further Settlement Conference on call. [112-1] ( Ct Rptr : FTR CD2 C7) JUDGE Mag Judge Leslie E. Kobayashi (eps) |
|
|
| 2002-02-19 |
139 |
0 |
Certificate of Service |
First amended CERTIFICATE of service (fe) |
|
|
| 2002-02-19 |
140 |
0 |
Certificate of Service |
First amended CERTIFICATE of service (fe) |
|
|
| 2002-02-19 |
141 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by counter-defendant Highland Refrigerati in opposition to counter-motion for partial summary judgment as to counterclaim defendant Highland Refrigeration by third-pty pltf Pacific Shores, LLC [122-1]; affidavit of John O'Kane; certificate of service (fe) |
|
|
| 2002-02-19 |
142 |
0 |
|
DISCLOSURE OF EXPERT WITNESSES by counter-defendant Highland Refrigerati; certificate of service (fe) |
|
|
| 2002-02-20 |
143 |
0 |
Order |
ORDER by Mag Judge Leslie E. Kobayashi granting third-party plaintiff's motion to intervene [112-1] (cc: all counsel) (fe) |
|
|
| 2002-02-21 |
144 |
0 |
Reply |
REPLY memorandum by defendantand third-party plaintiff Pacific Shores, M/V to third-party deft Gary L. Naftel's opposition to deft and third-pty pltf M/V Pacific Shores (Ex Alaskan Shores), O.N. 603879 and third-pty pltf Pacific Shores LLC's counter motion for summary judgment re [136-1]; affidavit of Grand K. Kidani; exhibit a; certificate of service (fe) |
|
|
| 2002-02-21 |
145 |
0 |
Reply |
REPLY memorandum by third-party defendant Gary L. Naftel to deft and third-pty pltf M/V Pacific Shores (Ex Alaskan Shores), O.N. 603879 and third-pty pltf Pacific Shores LLC's memorandum in opposition to third-pty deft Gary L. Naftel's motion for summary judgment re [136-1]; certificate of service (fe) |
|
|
| 2002-02-21 |
146 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-02-21 |
147 |
0 |
Reply |
Memorandum in REPLY by counter-defendant Highland Refrigerat to third pty pltf Pacific Shores LLC and Third-pty deft Gary Naftel's opposition to Highland's motion for partial summary judgment re [141-1]; certificate of service (fe) |
|
|
| 2002-02-22 |
148 |
0 |
Reply |
REPLY memorandum by defendant and third-party plaintiff Pacific Shores, M/V to counterclaim deft Highland Refrigeration, Inc.'s memorandum in opposition to counter-motion for partial summary judgment by third-pty pltf Pacific Shores, LLC re [141-1]; certificate of service (fe) |
|
|
| 2002-02-28 |
149 |
0 |
Miscellaneous Document |
WITHDRAWAL OF MOTION by third-party defendant Gary L. Naftel withdrawing motion for summary judgment [103-1] without prejudice; certificate of service (fe) |
|
|
| 2002-02-28 |
150 |
0 |
Miscellaneous Document |
WITHDRAWAL OF MOTION by counter-defendant Highland Refrigerati withdrawing motion for partial summary judgment [101-1]; certificate of service (fe) |
|
|
| 2002-02-28 |
151 |
0 |
Miscellaneous Document |
WITHDRAWAL OF MOTION by defendant and third-party plaintiff Pacific Shores, M/V withdrawing motion for partial summary judgment as to counterclaim defendant Highland Refrigeration certificate of service (fe) Modified on 03/01/2002 |
|
|
| 2002-02-28 |
152 |
0 |
Miscellaneous Document |
WITHDRAWAL OF MOTION by defendant and third-party plaintiff Pacific Shores, M/V withdrawing motion for summary judgment as to third-partydefendant Gary L. Naftel [121-1]; certificate of service (fe) |
|
|
| 2002-03-01 |
153 |
0 |
Stipulation and Order |
STIPULATION to release in rem defendant M/V Pacific Shores, O.N. 603879, from arrest and ORDER by Judge Alan C. Kay : re [6-1] (fe) |
|
|
| 2002-03-01 |
154 |
0 |
Stipulation and Order |
STIPULATION to enlarge time to file counterclaim defendant Highland Refrigeration's memorandum in opposition to defendant and Third-party pltf M/V Pacific Shores (Ex Alaskan Shores), O.N. 603879 and third-party pltf Pacific Shores LLC's counter motion for partial summary judgment as to counterclaim deft Highland Refrigeration and ORDER by Judge Alan C. Kay : re [122-1] (fe) |
|
|
| 2002-03-01 |
155 |
0 |
Certificate of Service |
CERTIFICATE of service (fe) |
|
|
| 2002-03-04 |
156 |
0 |
Stipulation and Order |
STIPULATION for dismissal and ORDER by Judge Alan C. Kay : dismissing case , terminating case on behalf of plaintiff - with prejudice and each party shall bear their own attorney's fees and costs (fe) |
|
|
| 2002-03-07 |
157 |
0 |
Service - Miscellaneous |
RETURN OF SERVICE executed on 3/1/02 - Stip for Release - Vessel was released to Grant Kidani, Owner's attorney (fe) |
|
|