In the matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC
| Mississippi Southern District Court | |
| Judge: | Halil S Ozerden |
| Referred: | John C Gargiulo |
| Case #: | 1:16-cv-00173 |
| Nature of Suit | 340 Torts - Personal Injury - Marine |
| Cause | 28:1333 Admiralty |
| Case Filed: | May 26, 2016 |
| Terminated: | Jul 03, 2017 |
| Last checked: Tuesday Nov 22, 2016 5:27 AM CST |
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Claimant
Harry Burgess
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Represented By
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Claimant
Roberto Connolly
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Represented By
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Claimant
Roberto J. Connolly
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Represented By
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In Re
In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC
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Represented By
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| Docket last updated: 8 hours ago |
| Monday, July 03, 2017 | ||
| 41 | 41
order
Judgment
Mon 07/03 10:29 AM
FINAL JUDGMENT OF DISMISSAL: Ordered that this case is dismissed with prejudice as to all parties. Signed by District Judge Halil S. Ozerden on 7/3/17. (JCH) |
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| Friday, June 30, 2017 | ||
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minutes
Settlement Conference
Fri 06/30 4:42 PM
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Settlement Conference held on 6/30/2017. Participants: Tristan Russell Armer and Henry H. LeBass - PHV (counsel for Sea Devil, LLC); James R. Reeves, Jr. and Richard W. Fuquay - PHV (counsel for Claimants Harry Burgess and Roberto Connolly); Harry Burgess and Roberto Connolly (Claimants). The case settled at the conference. Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. (AB) |
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notice
Notice of Settlement
Fri 06/30 4:44 PM
NOTICE of Settlement by All Parties per Settlement Conference held on 6/30/2017. Ready for District Judge's standard closing order. (AB) |
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| Wednesday, June 14, 2017 | ||
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notice
Notice of Hearing
Wed 06/14 10:07 AM
NOTICE of Hearing: EARLY Settlement Conference set for 6/30/2017 at 1:30 PM before Magistrate Judge John C. Gargiulo. Counsel are instructed to submit to Judge Gargiulo, seven days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Gargiulo via e-mail (gargiulo_chambers@mssd.uscourts.gov). LOCAL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (AB) |
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| Tuesday, June 13, 2017 | ||
| 40 | 40
order
Order on Motion to Extend Deadline
Tue 06/13 3:11 PM
ORDER granting39 Unopposed Motion to Extend Deadlines. Signed by Magistrate Judge John C. Gargiulo on 6/13/2017 (HM) |
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utility
Set/Reset Deadlines
Tue 06/13 3:16 PM
Set/Reset Deadlines: Plaintiffs' deadline for designating experts is August 4, 2017. Defendants' deadline for designating experts is September 4, 2017. The discovery deadline is October 6, 2017. The deadline for dispositive and Daubert-type motions is October 22, 2017. (HM) |
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| Monday, June 05, 2017 | ||
| 39 | 39
motion
Extend Deadline
Mon 06/05 4:59 PM
Unopposed MOTION to Extend Plaintiff Expert Reports, Defendant Expert Reports, Discovery and Motions Deadline by Sea Devil, LLC (Armer, Tristan) |
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| Thursday, April 27, 2017 | ||
| 38 | 38
respoth
Claim
Thu 04/27 5:00 PM
CLAIM ANSWER TO SECOND AMENDED SWORN CLAIMS OF HARRY BURGESS AND ROBERTO CONNOLLY by Calvin Thanh Chan, Dung Anh Quach, Trung Anh Quach, Sea Devil, LLC, Tu Van Tran (Armer, Tristan) |
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| 37 | 37
respoth
Claim
Thu 04/27 4:58 PM
CLAIM ANSWER TO AMENDED SWORN CLAIMS OF HARRY BURGESS AND ROBERTO CONNOLLY by Calvin Thanh Chan, Dung Anh Quach, Trung Anh Quach, Sea Devil, LLC, Tu Van Tran (Armer, Tristan) |
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| 36 | 36
service
Summons Returned Executed
Thu 04/27 10:38 AM
SUMMONS Returned Executed by Harry Burgess, Roberto Connolly Tu Van Tran served on 4/13/2017, answer due 5/4/2017. |
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| 35 | 35
service
Summons Returned Executed
Thu 04/27 10:37 AM
SUMMONS Returned Executed by Harry Burgess, Roberto Connolly Dung Anh Quach served on 4/5/2017, answer due 4/26/2017. |
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| 34 | 34
service
Summons Returned Executed
Thu 04/27 10:34 AM
SUMMONS Returned Executed by Harry Burgess, Roberto Connolly Trung Anh Quach served on 4/5/2017, answer due 4/26/2017. |
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| 33 | 33
service
Summons Returned Executed
Thu 04/27 10:32 AM
SUMMONS Returned Executed by Harry Burgess, Roberto Connolly Sea Devil, LLC served on 4/6/2017, answer due 4/27/2017. |
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| 32 | 32
service
Summons Returned Executed
Thu 04/27 10:30 AM
SUMMONS Returned Executed by Roberto J. Connolly, Harry Burgess Calvin Thanh Chan served on 4/6/2017, answer due 4/27/2017. |
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| Tuesday, April 04, 2017 | ||
| 31 | 31
service
Summons Issued
Tue 04/04 10:47 AM
Summons Issued as to Calvin Thanh Chan, Dung Anh Quach, Trung Anh Quach, Sea Devil, LLC, Tu Van Tran. (JCH) |
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| Monday, March 27, 2017 | ||
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order
Order on Motion to Continue
Mon 03/27 9:03 AM
TEXT ONLY ORDER granting27 Unopposed Motion to Continue. An Amended Case Management Order will be entered. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/27/2017 (HM) |
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order
Order on Motion for Extension of Time to Serve Process
Mon 03/27 9:07 AM
TEXT ONLY ORDER granting23 Unopposed Motion for Additional Time to Serve Summonses. Claimants are granted until 4/28/2017 to perfect service upon Tu Van Tran, Calvin Thanh Chan, Trung Anh Quach, and Dung Anh Quach. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/27/2017 (HM) |
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order
Case Management Order
Mon 03/27 1:19 PM
TEXT ONLY AMENDED CASE MANAGEMENT ORDER: Designate Experts Plaintiff Deadline due by 6/5/2017. Designate Experts for Defendant Deadline due by 7/6/2017. Discovery due by 8/7/2017. Motions due by 8/23/2017. Settlement Conference set for 11/2/2017 at 1:30 PM before Magistrate Judge John C. Gargiulo. Pretrial Conference set for 3/20-22/2018 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Bench Trial set for a three week trial calendar beginning on 4/2/2018 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Proposed Pretrial Order due by 3/20/2018. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 3/27/2017 (AB) Modified on 3/27/2017 to correct typo (AB) |
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misc
Docket Annotation
Mon 03/27 2:56 PM
DOCKET ANNOTATION as to TEXT ONLY AMENDED CASE MANAGEMENT ORDER entered 3/27/2017: Docket text modified to correct typo. The Proposed Pretrial Order is due by 3/20/2018. (AB) |
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| Tuesday, March 07, 2017 | ||
| 30 | 30
order
Order on Motion to Compel
Tue 03/07 5:11 PM
ORDER granting Sea Devil, LLC's21 Motion for Independent Medical Evaluations. Signed by Magistrate Judge John C. Gargiulo on 3/7/2017 (HM) |
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| 29 | 29
respm
Reply to Response to Motion
Tue 03/07 11:20 AM
REPLY to Response to Motion re21 MOTION to Compel RULE 35 MOTION FOR INDEPENDENT MEDICAL EVALUATIONS filed by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC(Armer, Tristan) |
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Att: 1
Exhibit A - CV of Dr. Webb
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| Thursday, March 02, 2017 | ||
| 28 | 28
service
Certificate of Service
Thu 03/02 5:08 PM
CERTIFICATE OF SERVICE by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC re27 Unopposed MOTION to Continue (Armer, Tristan) |
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| 27 | 27
motion
Continue
Thu 03/02 4:07 PM
Unopposed MOTION to Continue by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC (Armer, Tristan) |
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misc
Docket Annotation
Thu 03/02 4:53 PM
DOCKET ANNOTATION as to # 27. This document is not accompanied by a certificate of service. A certificate of service must be attached to a document [Administrative Procedures for Electronic Case Filing, Sec. 4.A.1, Sec. 4.B, and Fed.R.Civ.P. Rule 5(d)(1)]. Attorney is directed to file a certificate as CERTIFICATE OF SERVICE and link it to the proper document. (JCH) |
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| Monday, February 27, 2017 | ||
| 26 | 26
respm
Memorandum in Opposition
Mon 02/27 2:49 PM
MEMORANDUM IN OPPOSITION re21 MOTION to Compel RULE 35 MOTION FOR INDEPENDENT MEDICAL EVALUATIONS and in Support of 25 Claimants' Response to Rule 35 Motion filed by Harry Burgess, Roberto Connolly |
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| 25 | 25
respm
Response to Motion
Mon 02/27 2:35 PM
RESPONSE to Motion re21 MOTION to Compel RULE 35 MOTION FOR INDEPENDENT MEDICAL EVALUATIONS filed by Harry Burgess, Roberto Connolly |
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| Friday, February 24, 2017 | ||
| 24 | 24
respm
Memorandum in Support of Motion
Fri 02/24 2:19 PM
MEMORANDUM in Support re23 Unopposed MOTION for Extension of Time to Serve Process filed by Harry Burgess, Roberto Connolly |
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| 23 | 23
motion
Extension of Time to Serve Process
Fri 02/24 2:18 PM
Unopposed MOTION for Extension of Time to Serve Process by Harry Burgess, Roberto Connolly |
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| Tuesday, February 21, 2017 | ||
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order
Order
Tue 02/21 2:36 PM
TEXT ONLY ORDER requiring expedited briefing on Sea Devil, LLC's21 Rule 35 Motion for Independent Medical Evaluations. Claimants' response to the Motion is due 2/27/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 2/21/2017 (HM) |
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| Monday, February 20, 2017 | ||
| 22 | 22
respm
Memorandum in Support of Motion
Mon 02/20 5:05 PM
MEMORANDUM in Support re21 MOTION to Compel RULE 35 MOTION FOR INDEPENDENT MEDICAL EVALUATIONS filed by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC(Armer, Tristan) |
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Att: 1
Exhibit A- Epker Records
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| 21 | 21
motion
Compel
Mon 02/20 5:04 PM
MOTION to Compel RULE 35 MOTION FOR INDEPENDENT MEDICAL EVALUATIONS by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC (Armer, Tristan) |
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| Tuesday, January 31, 2017 | ||
| 20 | 20
order
Order on Motion to Amend/Correct
Tue 01/31 5:42 PM
AGREED ORDER granting19 Unopposed Second Motion to Amend the Case Management Order. Plaintiffs' expert designations due 3/7/17. Defendants' expert designations due 4/7/17. Signed by Magistrate Judge John C. Gargiulo on 1/31/2017 (HM) |
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utility
Set/Reset Deadlines
Tue 01/31 5:43 PM
Set/Reset Deadlines: Designate Experts Plaintiffs' Deadline 3/7/2017. Designate Experts Defendants' Deadline 4/7/2017 (HM) |
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| Friday, January 27, 2017 | ||
| 19 | 19
motion
Amend/Correct
Fri 01/27 4:07 PM
Joint MOTION to Amend/Correct14 Case Management Order,,, by Harry Burgess, Roberto Connolly |
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| Wednesday, January 18, 2017 | ||
| 18 | 18
discov
Notice of Service of Request for Production
Wed 01/18 4:04 PM
First NOTICE of Service of First Set of Request for Production by Harry Burgess, Roberto J. Connolly, Roberto Connolly (Fuquay - PHV, Richard) |
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| 17 | 17
discov
Notice of Service of Interrogatories
Wed 01/18 4:01 PM
First NOTICE of Service of First Set of Interrogatories by Harry Burgess, Roberto J. Connolly, Roberto Connolly (Fuquay - PHV, Richard) |
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| Wednesday, November 30, 2016 | ||
| 16 | 16
respoth
Claim
Wed 11/30 4:52 PM
CLAIM Jones Act by Harry Burgess, Roberto Connolly |
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| Tuesday, November 29, 2016 | ||
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order
Order on Motion for Leave to File
Tue 11/29 3:51 PM
TEXT ONLY ORDER granting unopposed15 Motion for Leave to File Amended Sworn Claims. Harry Burgess and Roberto Connolly are directed to promptly file their Second Amended Sworn Claims. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 11/29/2016 (HM) |
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| Monday, November 28, 2016 | ||
| 15 | 15
motion
Leave to File Document
Mon 11/28 3:48 PM
MOTION for Leave to File Amended Sworn Claims by Harry Burgess, Roberto Connolly |
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Att: 1
Exhibit "A" Second Amended Sworn Claims of Harry Burgess and Roberto Connolly
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| Friday, October 28, 2016 | ||
| 14 | 14
order
Case Management Order
Fri 10/28 1:13 PM
CASE MANAGEMENT ORDER: Disclosure due by 11/11/2016. Motions for Amended Pleadings due by 11/28/2016. Motions for Joinder of Parties due by 11/28/2016. Designate Experts Plaintiff Deadline due by 1/20/2017. Designate Experts for Defendant Deadline due by 2/20/2017. Discovery due by 4/28/2017. Motions due by 5/12/2017. Settlement Conference set for 7/7/2017 at 9:30 AM before Magistrate Judge John C. Gargiulo. On or before 9/12/2017, the parties must report to the undersigned all ADR efforts taken. Pretrial Conference set for 9/19-21/2017 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Bench Trial set for a three week trial calendar beginning on 10/2/2017 at 9:00 AM in Courtroom 706 (Gulfport) before District Judge Halil S. Ozerden. Proposed Pretrial Order due by 9/19/2017. EDT: 5 days. Parties do not consent. Attorney scheduling conflict with trial setting. Signed by Magistrate Judge John C. Gargiulo on 10/28/2016 (AB) |
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minutes
Telephonic Case Management Conference
Fri 10/28 12:39 PM
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 10/28/2016. PARTICIPANTS: Tristan Russell Armer and Henry H. LeBas - PHV (counsel for Plaintiff); James R. Reeves, Jr. and Richard W. Fuquay - PHV (counsel for Claimants). A Case Management Order will be entered. (AB) |
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| Wednesday, September 28, 2016 | ||
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misc
Pro Hac Vice fee paid(credit card)
Wed 09/28 9:34 AM
Pro Hac Vice fee paid for Richard W. Fuquay receipt number 0538-3279287 $ 100 |
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utility
Set/Reset Hearings
Wed 09/28 12:50 PM
Reset Hearing: Due to a conflict with the Court's schedule, the Telephonic Case Management Conference is RESET for 10/28/2016 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel are to follow all other instructions in the Rule 16(a) Initial Order12 . (AB) |
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| Friday, September 16, 2016 | ||
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utility
Set/Reset Hearings
Fri 09/16 3:42 PM
Reset Hearing: Due to a conflict with Counsel's schedule, the Telephonic Case Management Conference is RESET for 10/5/2016 at 10:00 AM before Magistrate Judge John C. Gargiulo. Parties are to follow all other instructions given in the Rule 16(a) Initial Order12 . (AB) |
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| Thursday, September 15, 2016 | ||
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order
Order on Motion to Appear Pro Hac Vice
Thu 09/15 4:14 PM
TEXT ONLY ORDER granting13 Motion to Appear Pro Hac Vice of Richard W. Fuquay. That Richard W. Fuquay be admitted pro hac vice in this case on behalf of Claimants Harry Burgess and Roberto Connolly in association with local counsel upon payment of the pro hac admission fee and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 9/15/2016 (AB) |
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| Friday, September 02, 2016 | ||
| 13 | 13
motion
Appear Pro Hac Vice
Fri 09/02 11:28 AM
MOTION for Richard W. Fuquay to Appear Pro Hac Vice by Harry Burgess, Roberto Connolly |
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Att: 1
Exhibit A - Alabama State Bar Letter of Good Standing
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| Tuesday, August 30, 2016 | ||
| 12 | 12
notice
Rule 16(a) Initial Order
Tue 08/30 4:53 PM
Rule 16(a) Initial Order: Telephonic Case Management Conference set for 9/28/2016 at 10:30 AM before Magistrate Judge John C. Gargiulo. (AB) |
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| Wednesday, August 24, 2016 | ||
| 11 | 11
respoth
Claim
Wed 08/24 2:47 PM
CLAIM Jones Act by Harry Burgess, Roberto Connolly |
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| 10 | 10
answer
Answer to Complaint
Wed 08/24 2:46 PM
Amended ANSWER to1 Complaint, by Harry Burgess, Roberto Connolly |
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| 9 | 9
respoth
Claim
Wed 08/24 11:28 AM
CLAIM Jones Act by Harry Burgess, Roberto J. Connolly |
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| 8 | 8
answer
Answer to Complaint
Wed 08/24 11:18 AM
ANSWER to1 Complaint, by Harry Burgess, Roberto J. Connolly |
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| Friday, August 12, 2016 | ||
| 7 | 7
service
Service by Publication
Fri 08/12 11:42 AM
SERVICE by Publication filed by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC. Last publication date July 3, 2016. (Armer, Tristan) |
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| 6 | 6
service
Service by Publication
Fri 08/12 11:40 AM
SERVICE by Publication filed by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC. Last publication date July 9, 2016. (Armer, Tristan) |
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| Thursday, June 16, 2016 | ||
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misc
Pro Hac Vice fee paid
Thu 06/16 11:40 AM
Pro Hac Vice fee paid by Henry H. Le Bas $ 100, receipt number 14643008167. (JCH) |
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| Thursday, June 09, 2016 | ||
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order
Order on Motion to Appear Pro Hac Vice
Thu 06/09 3:38 PM
TEXT ONLY ORDER granting5 Motion to Appear Pro Hac Vice of Henry H. LeBas. That Henry H. LeBas be admitted pro hac vice in this case on behalf of Sea Devil, LLC in association with local counsel upon payment of the pro hac admission fee and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 6/9/2016 (AB) |
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| Wednesday, June 08, 2016 | ||
| 5 | 5
motion
Appear Pro Hac Vice
Wed 06/08 11:26 AM
MOTION for Henry H. LeBas to Appear Pro Hac Vice by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC (Armer, Tristan) |
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misc
Docket Annotation
Wed 06/08 12:25 PM
DOCKET ANNOTATION as to # 5. Attorney is advised that the case number was left off of this Application. Also, the Certificate of Good Standing should have been scanned in separately and attached as an exhibit to the Application. Attorney does not need to re-file. (JCH) |
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| Friday, May 27, 2016 | ||
| 4 | 4
notice
Notice (Other) - DO NOT USE FOR APPEALS OR DISCOVERY
Fri 05/27 11:03 AM
NOTICE TO CLAIMANTS OF COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY. (JCH) |
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| 3 | 3
order
Order on Motion for Miscellaneous Relief
Fri 05/27 10:37 AM
ORDER granting2 Motion for Approval of Letter of Undertaking and Directing Issuance of Notice and Enjoining Prosecution of Claims. Signed by Magistrate Judge John C. Gargiulo on 5/27/16. (JCH) |
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| Thursday, May 26, 2016 | ||
| 2 | 2
motion
Miscellaneous Relief
Thu 05/26 10:19 AM
MOTION for Approval of Letter of Undertaking and Directing Issuance of Notice and Enjoining Prosecution of Claims by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC.(JCH) |
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Att: 1
- Letter of Undertaking
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| 1 | 1
cmp
Complaint
Thu 05/26 10:16 AM
COMPLAINT FOR EXONERATION FROM AND/OR LIMITATION OF LIABILITY filed by In the Matter of the Complaint for Exoneration from or Limitation of Liability by Sea Devil, LLC. (Filing fee $ 400; receipt number 14643008081)(JCH) |
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Att: 1
Civil Cover Sheet,
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Att: 2
- Verification of Value and Insurance Coverage,
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Att: 3
- Verification of Pleadings
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