| Court: | nysd |
| Docket #: | 1:09-cv-05214 |
| Case Name: | Worldlink Shipping Ltd. v. Sinotrans Germany GmbH |
| PACER case #: | 346801 |
| Date filed: | 2009-06-03 |
| Date terminated: | 2010-06-01 |
| Assigned to: | Judge Richard M. Berman |
| Case Cause: | 28:1333 Admiralty |
| Nature of Suit: | 120 Contract: Marine |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| ABC Plaintiff TERMINATED: 06/24/2009 |
|
| Worldlink Shipping Ltd. Plaintiff |
George Michael Chalos |
| DEF Defendant TERMINATED: 06/24/2009 |
|
| Sinotrans Germany GmbH Defendant |
Jack A. Greenbaum |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-06-03 | 1 | 0 | ORDER, Case sealed. (Signed by Judge Loretta A. Preska on 06/02/2009) (jri) Modified on 6/4/2009 (jri). (Entered: 06/04/2009) | |||
| 2009-06-03 | 2 | 0 | SEALED DOCUMENT placed in vault.(jri) (Entered: 06/04/2009) | |||
| 2009-06-05 | 3 | 0 | SEALED DOCUMENT placed in vault.(rt) (Entered: 06/08/2009) | |||
| 2009-06-22 | 4 | 0 | SEALED DOCUMENT placed in vault.(jri) (Entered: 06/22/2009) | |||
| 2009-06-24 | 5 | 0 | ORDER UNSEALING COURT FILE; ORDERED that all documents, including, but not limited to, the Complaint and the other pleadings, Orders and/or Writ filed and/or issued in this case that have been flied under seal, now be unsealed. (Signed by Judge Richard M. Berman on 6/24/2009) (rt) (Entered: 06/24/2009) | |||
| 2009-06-24 | 6 | 0 | ORDER TEMPORARILY SEALING COURT FILE: that all documents, including, but not limited to, the Complaint and the other pleadings, Orders and/or Writs filed and/or issued in this case shall be filed under seal, and the court file be maintained under seal until further notice of this Court or notification to the Clerk that the Plaintiff's property has been attached. The Clerk of this Court may have access to the sealed file to implement or ensure compliance with orders issued in this case. (Signed by Judge Loretta A. Preska on 6/2/09) (This document was previously filed under seal in envelope # 2 and unsealed by document # 5). (tro) (tro). (Entered: 06/25/2009) | |||
| 2009-06-24 | 7 | 0 | COMPLAINT against Sinotrans Germany GmbH. (Filing Fee $ 350.00.) (This document was previously filed under seal in envelope # 2 and unsealed by document # 5). Document filed by Worldlink Shipping Ltd. (tro) (Entered: 06/25/2009) | |||
| 2009-06-24 | 8 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. (This document was previously filed under seal in envelope # 2 and unsealed by document # 5). Document filed by Worldlink Shipping Ltd.(tro) (Entered: 06/25/2009) | |||
| 2009-06-24 | 9 | 0 | ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER against all tangible or intangible property...of the defendant in the amount of $132,191.94 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure....The parties shall appear for a conference before the Court on 7/22/09 at 9:00 a.m. in Courtroom 21B, 500 Pearl Street, U.S.D.C., to provide the Court with a report on the status of this matter and the underlying arbitration/litigation proceeding. (This document was previously filed under seal in envelope #3 and unsealed by document # 5). (Signed by Judge Richard M. Berman on 6/5/09) (tro) (tro). (Entered: 06/25/2009) | |||
| 2009-06-24 | 10 | 0 | SUPPLEMENTAL ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER against all tangible or intangible property...of the defendant in the amount of $132,191.94 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure....The parties shall appear at a (previously scheduled) conference before the Court on 7/22/09 at 9:00 a.m., in Courtroom 21B, 500 Pearl St., U.S.D.C., to provide the Court with a report on the status of this matter and the underlying arbitration/litigation proceeding. The order temporarily sealing the court file, dated 6/2/09, signed by the Honorable Loretta A. Preska, sitting as the Part I Judge, shall expire 10 days from June 5, 2009 unless plaintiff shows by letter with authorities that continued sealing outweighs the presumption of public access to judicial documents. (This document was previously filed under seal in envelope #4 and unsealed by document # 5). (Signed by Judge Richard M. Berman on 6/17/09) (tro) (tro). (Entered: 06/25/2009) | |||
| 2009-07-01 | 11 | 0 | AFFIDAVIT OF SERVICE of Summons, Verified Complaint, Order for Issuance of Process of Maritime Attachment, Process of Maritime Attachment, Notice of Attachment served on Sinotrans Germany GmbH on June 30, 2009. Service was made by Mail. Document filed by Worldlink Shipping Ltd.. (Chalos, George) (Entered: 07/01/2009) | |||
| 2009-07-23 | 12 | 0 | ORDER FOR THE DEPOSIT OF FUNDS IN AN INTEREST BEARING ACCOUNT IN THE CUSTODY OF THE CLERK OF THE COURT, Garnishee ABN Amro Bank shall promptly wire transfer $132,191.94 to the account of the Clerk of the Untied States District Court for the SDNY....This case shall be dismissed without prejudice, subject to reopening upon the request of either party to the Court, for purposes of effectuating the release of the deposited funds from the Clerk of the Court as set forth above. Clerk to close this case upon deposit of funds into CRIS. (Signed by Judge Richard M. Berman on 7/23/09) (cd) (Entered: 07/23/2009) | |||
| 2009-07-17 | 13 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Maritime Attachment served on HSBC on 6/19/09. Service was accepted by Lelly Kalicharan. Document filed by Worldlink Shipping Ltd. (ldi) (Entered: 07/28/2009) | |||
| 2009-07-17 | 14 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Maritime Attachment served on HSH Nordbank AG on 6/19/09. Service was accepted by David Wolinsky (Asst. General Counsel). Document filed by Worldlink Shipping Ltd. (ldi) (Entered: 07/28/2009) | |||
| 2009-07-17 | 15 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Sinotrans Germany GmbH served on 6/15/2009, answer due 8/14/2009. Service was accepted by Linda Platone. Document filed by Sinotrans Germany GmbH. (mbe) (Entered: 07/30/2009) | |||
| 2009-07-17 | 16 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Service was accepted by Rachel Carillo. Document filed by Worldlink Shipping Ltd.. (mbe) (Entered: 07/30/2009) | |||
| 2009-12-10 | 17 | 0 | NOTICE OF APPEARANCE by Jack A. Greenbaum on behalf of Sinotrans Germany GmbH (Greenbaum, Jack) (Entered: 12/10/2009) | |||
| 2009-12-14 | 18 | 0 | ADMINISTRATIVE ORDER: Counsel are directed to submit by Friday, December 18,20091 a proposed order for the return to Defendant of funds that have been placed in the Court's CRIS account that were originally attached as EFTs. (Signed by Judge Richard M. Berman on 12/14/09) (db) (Entered: 12/14/2009) | |||
| 2009-12-23 | 19 | 0 | NOTICE OF APPEAL from 18 Order,. Document filed by Worldlink Shipping Ltd.. Filing fee $ 455.00, receipt number E 890043. (nd) (Entered: 12/28/2009) | |||
| 2009-12-28 | 20 | 0 | ENDORSED LETTER addressed to Judge Richard M. Berman from George M. Chalos dated 12/22/2009 re: Plaintiff respectfully requests the opportunity to file a motion for reconsideration of Your Honor's Order or, in the alternative, a motion for a stay of Your Honor's Order pending appeal to the Second circuit. ENDORSEMENT: Plaintiff's request for a stay is respectfully denied. See Centauri Shipping Ltd., 528 F. Sopp. 2d 186, 190 (S.D.N.Y. 2007). Plaintiff may file a motion for reconsideration by Monday, January 4, 2010, and defendant may respond by Monday, January 11, 2010. So Ordered. (Signed by Judge Richard M. Berman on 12/28/2009) (jfe) Modified on 1/7/2010 (jfe). (Entered: 12/29/2009) | |||
| 2010-01-04 | 21 | 0 | MOTION for Reconsideration re; 18 Order,. Document filed by Worldlink Shipping Ltd..(Chalos, George) (Entered: 01/04/2010) | |||
| 2010-01-04 | 22 | 0 | MEMORANDUM OF LAW in Support re: 21 MOTION for Reconsideration re; 18 Order,.. Document filed by Worldlink Shipping Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Chalos, George) (Entered: 01/04/2010) | |||
| 2010-01-05 | 23 | 0 | LETTER addressed to Judge Richard M. Berman from Jack A. Greenbaum dated 12/24/09 re: Counsel for Defendant, write in response to Chalos & Co.'s letter dated 12/22/09 in opposition to the vacatur of the maritime attachment herein. Document filed by Sinotrans Germany GmbH.(tro) (Entered: 01/05/2010) | |||
| 2010-01-07 | 24 | 0 | ENDORSED LETTER addressed to Judge Richard M. Berman from Jack A. Greenbaum dated 1/4/11 re: counsel for defendant requests that the Court now execute the order directing the Clerk to release the funds. ENDORSEMENT: In light of the pending appeal, the Court is taking no action at this time. (Signed by Judge Richard M. Berman on 1/7/10) (dle) (Entered: 01/08/2010) | |||
| 2010-01-08 | 25 | 0 | MEMORANDUM OF LAW in Opposition re: 21 MOTION for Reconsideration re; 18 Order,.. Document filed by Sinotrans Germany GmbH. (Greenbaum, Jack) (Entered: 01/08/2010) | |||
| 2010-01-08 | 26 | 0 | LETTER addressed to Judge Richard M. Berman from George M. Chalos dated 1/4/2010 re: Counsel for Plaintiff enclose for the Court courtesy copies of (1) Notice of Motion and; (2) Plaintiff's Memorandum of Law in support of its Motion for Reconsideration of Your Honor's 12/14/09 Order. Counsel also write in response to the letter and proposed Order Releasing Funds from the Court's CRIS Account, submit by counsel for Defendant. Counsel for Plaintiff respectfully request that Your Honor decline to execute Defendant's proposed Order until after the Court has issued its ruling with respect to the pending Motion for Reconsideration. Document filed by Worldlink Shipping Ltd.(tro) (Entered: 01/11/2010) | |||
| 2010-03-30 | 27 | 0 | MANDATE of USCA (Certified Copy) as to 19 Notice of Appeal filed by Worldlink Shipping Ltd. USCA Case Number 09-5304-cv. Wherefore, It is hereby stipulated and agreed by the parties through their undersigned counsel that the above mater be remanded to the District Court. It is further stipulated that, upon entry of a formal dispositional order, Plaintiff may file a separate notice of appeal therefrom, and may raise therein any challenge to the District's vacatur of the attachment. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 03/30/2010. (nd) (Entered: 03/30/2010) | |||
| 2010-04-22 | 28 | 0 | ADMINISTRATIVE ORDER: The parties are hereby directed to notify the Court by (joint) letter, on or before, Monday, April 26, 2010, of the status of this action in light of the Second Circuit's mandate [#27} dated March 30, 2010. So Ordered (Signed by Judge Richard M. Berman on 4/22/2010) (js) (Entered: 04/22/2010) | |||
| 2010-05-04 | 29 | 0 | ORDER, Accordingly, the Clerk of the Court is hereby directed to restore this case to the Court's active docket and, thereafter, to issue a check drawn on the CRIS account tot he order of "Blank Rome, LLP, as attorneys" in the amount of $132,191.94 plus accrued interest, if any, less the Clerk's reasonable and customary fees, representing the amount that was deposited into the Court's CRIS account (#12) on or about 7/23/09. (copy forwarded to the Cashiers Office) (Signed by Judge Richard M. Berman on 5/4/10) (cd) (Entered: 05/05/2010) | |||
| 2010-06-01 | 30 | 0 | ADMINISTRATIVE ORDER: This case having been restored to the Court's active docket for the limited purpose of allowing the release of attached funds from the Court's CRIS account to Defendant, (see Order [#29], dated May 4, 2010), and the attached funds having been released to Defendant on or about May 13, 2010, (see Cashiers Office Registry Disbursement, dated May 25, 2010), the Clerk of Court is respectfully requested to close this case. (Signed by Judge Richard M. Berman on 6/1/2010) (tve) (Entered: 06/01/2010) |