Garson et al v. Caldwell Marine International, LLC et al
| New York Eastern District Court | |
| Judge: | Rachel P Kovner |
| Referred: | Marcia M Henry |
| Case #: | 1:21-cv-05351 |
| Nature of Suit | 340 Torts - Personal Injury - Marine |
| Cause | 46:688 Jones Act |
| Case Filed: | Sep 27, 2021 |
| Last checked: Saturday Mar 26, 2022 5:57 AM EDT |
|
Cross Claimant
Atlantic Coast Tug and Marine, LLC
|
Represented By
|
|
Cross Defendant
Atlantic Coast Tug and Marine, LLC
|
Represented By
|
|
Cross Defendant
Cable Barge
|
|
|
Cross Defendant
Caldwell Marine International, LLC
|
Represented By
|
|
Cross Defendant
Tug Fort Point
|
|
|
Defendant
Atlantic Coast Tug and Marine, LLC
|
Represented By
|
|
Defendant
Caldwell Marine International, LLC
|
Represented By
|
|
Defendant
Tug Fort Point
|
|
|
Defendant
Cable Barge
|
|
|
Plaintiff
Karen Garson
|
Represented By
|
|
Plaintiff
Scott Garson
|
Represented By
|
| Docket last updated: 03/12/2025 11:59 PM EDT |
| Friday, February 14, 2025 | ||
|
order
Order on Motion for Partial Summary Judgment
Fri 02/14 11:57 AM
ORDER: In light of the46 letter reporting that all parties have reached a settlement in principle and Judge Henrys 2/12/2025 order granting a stay, defendant Caldwell Marine International, LLC's38 motion for partial summary judgment is administratively terminated, without prejudice to reinstatement should the case not settle. Ordered by Judge Rachel P. Kovner on 2/14/2025. (IH) |
||
| Wednesday, February 12, 2025 | ||
|
order
Order on Motion to Stay
Wed 02/12 5:00 PM
ORDER granting 46 : The parties report that they have reached a settlement in principle. By 04/06/2025 the parties shall file the documents necessary to close this case, or a status report. All deadlines are adjourned sine die . So Ordered by Magistrate Judge Marcia M. Henry on 02/12/2025. (JPB) |
||
| Thursday, February 06, 2025 | ||
| 46 | 46
motion
Stay
Thu 02/06 3:38 PM
Letter MOTION to Stay proceedings for 60 days in light of settlement agreement reached by all parties by Caldwell Marine International, LLC. (Flood, Edward) |
|
| Monday, February 03, 2025 | ||
| 45 | 45
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Mon 02/03 6:24 AM
ORDER re44 : The parties' request for an extension of discovery deadlines is granted. All discovery shall be completed by 03/31/2025 , with a status report confirming the close of fact discovery due 04/04/2025. . The last day to take the first step in dispositive motion practice is 05/05/2025 . If none, the parties shall file a joint pre-trial order by 05/30/2025 , which is 60 days after the close of all discovery unless otherwise ordered. (See Kovner Individ. R. V.A.). See attached. The parties shall consult the presiding district judge's individual rules before taking the first step to initiate dispositive motion practice or filing a joint pre-trial order. So Ordered by Magistrate Judge Marcia M. Henry on 02/03/2025. (JPB) |
|
| Thursday, January 30, 2025 | ||
| 44 | 44
motion
Extension of Time to Complete Discovery
Thu 01/30 2:33 PM
Letter MOTION for Extension of Time to Complete Discovery Jointly on Consent of All Parties by Caldwell Marine International, LLC. (Flood, Edward) |
|
|
Att: 1
Proposed Order Proposed Revised Scheduling Order
|
||
| Friday, November 08, 2024 | ||
| 43 | 43
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Fri 11/08 10:04 PM
ORDER granting in part 42 : The parties report having completed fact discovery and engaging in an unsuccessful mediation, and request an extension of time to complete expert discovery. Accordingly, fact discovery is certified as closed and the parties amended proposed discovery plan at ECF No. 42-1 is so ordered as amended. All discovery, including expert discovery, shall be completed by 02/28/2025 , with a joint status report certifying the close of discovery due that same day. The deadline for the joint pretrial order is 60 days after the close of all discovery. ( See Kovner Individ. R. V.A.) See attached for all deadlines. So Ordered by Magistrate Judge Marcia M. Henry on 11/08/2024. (JPB) |
|
| Thursday, November 07, 2024 | ||
| 42 | 42
motion
Extension of Time to Complete Discovery
Thu 11/07 2:36 PM
Letter MOTION for Extension of Time to Complete Discovery on Consent by Caldwell Marine International, LLC. (Flood, Edward) |
|
|
Att: 1
Proposed Revised Scheduling Order
|
||
| Tuesday, July 16, 2024 | ||
| 41 | 41
respoth
Reply in Support
Tue 07/16 4:11 PM
REPLY in Support re38 Fully Briefed MOTION for Partial Summary Judgment filed by Caldwell Marine International, LLC. (Flood, Edward) |
|
| 40 | 40
29
pgs
respoth
Memorandum in Opposition
Tue 07/16 4:10 PM
MEMORANDUM in Opposition re38 Fully Briefed MOTION for Partial Summary Judgment filed by Caldwell Marine International, LLC. (Flood, Edward) |
|
|
Att: 1
Rule 56.1 Statement,
|
||
|
Att: 2
Declaration of Timothy F. Schweitzer,
|
||
|
Att: 3
Exhibit 1 - Amended Complaint,
|
||
|
Att: 4
Exhibit 2 - Answer to Amended Complaint,
|
||
|
Att: 5
Exhibit 3 - Declaration of Scott Garson,
|
||
|
Att: 6
Exhibit 4 - Transcript of deposition of Scott Garson,
|
||
|
Att: 7
Exhibit 5 - Transcript of deposition of James B. Yuille,
|
||
|
Att: 8
Exhibit 6 - Transcript of deposition of John Clabbers,
|
||
|
Att: 9
Exhibit 7 - Transcript of deposition of Adam S. Brown
|
||
| 39 | 39
24
pgs
respoth
Memorandum in Support
Tue 07/16 3:59 PM
MEMORANDUM in Support re38 Fully Briefed MOTION for Partial Summary Judgment filed by Caldwell Marine International, LLC. (Flood, Edward) |
|
|
Att: 1
Rule 56.1 Statement,
|
||
|
Att: 2
Declaration of James B. Yuille,
|
||
|
Att: 3
Declaration of Edward P. Flood,
|
||
|
Att: 4
Exhibit A - Amended Complaint,
|
||
|
Att: 5
Exhibit B - Answer to Amended Complaint,
|
||
|
Att: 6
Exhibit C - Relevant excerpts of transcript of deposition of Scott Garson,
|
||
|
Att: 7
Exhibit D - Relevant excerpts of transcript of deposition of John Clabbers,
|
||
|
Att: 8
Exhibit E - Relevant excerpts of transcript of deposition of James B. Yuille
|
||
| 38 | 38
motion
Partial Summary Judgment
Tue 07/16 3:52 PM
Fully Briefed MOTION for Partial Summary Judgment by Caldwell Marine International, LLC. (Flood, Edward) |
|
| Tuesday, July 02, 2024 | ||
|
order
Order(Other)
Tue 07/02 11:41 AM
ORDER: The parties have certified the close of fact discovery. (ECF No. 37.) Fact discovery is therefore closed. All other deadlines in the parties' discovery plan35 remain in effect. So Ordered by Magistrate Judge Marcia M. Henry on 07/02/2024. (JL) |
||
| Monday, July 01, 2024 | ||
| 37 | 37
misc
Status Report
Mon 07/01 1:43 PM
STATUS REPORT Joint by Karen Garson, Scott Garson (Schweitzer, Timothy) |
|
| Wednesday, June 12, 2024 | ||
|
order
Order on Motion for Extension of Time to File
Wed 06/12 10:34 AM
ORDER: The36 motion for an extension is granted. Plaintiffs shall serve their opposition to defendant Caldwell Marine International, LLC's motion for summary judgment on 7/1/2024. Caldwell shall serve a reply, if any, by 7/19/2024, and, on that date, the parties shall file the completed, bundled motion papers in sequential order on ECF. Ordered by Judge Rachel P. Kovner on 6/12/2024. (SP) |
||
| Tuesday, June 11, 2024 | ||
| 36 | 36
motion
Extension of Time to File Document
Tue 06/11 4:38 PM
Letter MOTION for Extension of Time to File Opposition to Caldwell Marine International, LLC's Motion for Summary Judgment by Karen Garson, Scott Garson. (Schweitzer, Timothy) |
|
| Thursday, May 30, 2024 | ||
| 35 | 35
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Thu 05/30 10:35 AM
ORDER granting 33 : The parties' amended proposed discovery plan at ECF No. 33 is so ordered as amended. All fact discovery shall be completed by 07/01/2024 , with a joint status report certifying the close of fact discovery due same day. All discovery shall be completed by 12/02/2024 with a joint status report certifying the close of all discovery day due same day. See attached for all deadlines. So Ordered by Magistrate Judge Marcia M. Henry on 05/30/2024. (JL) |
|
| Friday, May 17, 2024 | ||
| 34 | 34
misc
Letter
Fri 05/17 11:56 AM
Letter to the Honorable Rachel P. Kovner confirming service of defendant's motion for partial summary judgment with supporting papers by Caldwell Marine International, LLC (Flood, Edward) |
|
| Thursday, May 16, 2024 | ||
| 33 | 33
motion
Extension of Time to Complete Discovery
Thu 05/16 11:53 AM
Letter MOTION for Extension of Time to Complete Discovery Jointly on Consent of All Parties by Caldwell Marine International, LLC. (Flood, Edward) |
|
| Thursday, May 09, 2024 | ||
|
order
Status Report Order
Thu 05/09 10:31 AM
ORDER: The Court directed the parties to file a status report certifying close of discovery by 05/03/2024. ( See 04/11/2024 Order.) To date, the parties have not submitted a status report or requested an extension of time to do so. Accordingly, the Court sua sponte extends the deadline to 05/17/2024 . So Ordered by Magistrate Judge Marcia M. Henry on 05/09/2024. (JL) |
||
| Wednesday, May 01, 2024 | ||
|
minutes
Pre Motion Conference
Wed 05/01 6:04 PM
MINUTE ENTRY & ORDER: An in-person pre-motion conference was held before Judge Rachel P. Kovner on 5/1/2024. Timothy Schweitzer appeared on behalf of plaintiffs, Edward Flood and Elizabeth McCarthy appeared on behalf of defendant Caldwell Marine International, LLC, and Michael Noblett appeared on behalf of defendant Atlantic Coast Tug and Marine, LLC. The Court and parties discussed Caldwell Marine's anticipated motion for summary judgment. Caldwell Marine shall serve, but not file, a motion for partial summary judgment concerning whether plaintiff is covered by the Jones Act on 5/17/2024. Plaintiffs shall serve a response on 6/17/2024. Caldwell Marine may serve a reply, if any, on 7/1/2024, and on that date, the parties shall file the completed, bundled motion papers in sequential order on ECF. Ordered by Judge Rachel P. Kovner on 5/1/2024. (Court Reporter Avery Armstrong.) (SP) |
||
| Thursday, April 11, 2024 | ||
| 32 | 32
7
pgs
order
Order on Motion for Protective Order
Thu 04/11 6:01 PM
ORDER granting 27 : The parties' joint proposed protective order is so ordered. See attached . Further, the parties' request for extension of time to complete fact discovery is granted. By 05/03/2024 , the parties shall complete fact discovery and file a status report certifying the close of fact discovery. All other deadlines in the scheduling order26 remain in effect. So Ordered by Magistrate Judge Marcia M. Henry on 04/11/2024. (JL) |
|
| Monday, April 08, 2024 | ||
|
order
Order on Motion for Pre Motion Conference
Mon 04/08 6:38 PM
ORDER: The29 motion for a pre-motion conference is granted. An in-person pre-motion conference will be held before Judge Rachel P. Kovner on 5/1/2024 at 11:00 AM in Courtroom 4E-N. Ordered by Judge Rachel P. Kovner on 4/8/2024. (SP) |
||
| Tuesday, April 02, 2024 | ||
| 31 | 31
respm
Response to Motion
Tue 04/02 5:14 PM
RESPONSE to Motion re29 Letter MOTION for pre motion conference Letter to Judge Kovner re: Pre-Motion Request filed by Karen Garson, Scott Garson. (Schweitzer, Timothy) |
|
|
Att: 1
Rule 56.1 Statement Counterstatement
|
||
| Tuesday, March 26, 2024 | ||
| 30 | 30
notice
Notice of Appearance
Tue 03/26 9:18 AM
NOTICE of Appearance by Michael D Noblett, I on behalf of Atlantic Coast Tug and Marine, LLC (notification declined or already on case) (Noblett, Michael) |
|
|
order
Order(Other)
Tue 03/26 10:32 AM
ORDER: Plaintiff shall respond to the29 motion for a pre-motion conference by 4/2/2024. Ordered by Judge Rachel P. Kovner on 3/26/2024. (SP) |
||
| Monday, March 25, 2024 | ||
| 29 | 29
motion
Pre Motion Conference
Mon 03/25 1:51 PM
Letter MOTION for pre motion conference Letter to Judge Kovner re: Pre-Motion Request by Caldwell Marine International, LLC. (Flood, Edward) |
|
|
Att: 1
Rule 56.1 Statement
|
||
| Monday, March 18, 2024 | ||
| 28 | 28
notice
Notice of Appearance
Mon 03/18 3:55 PM
NOTICE of Appearance by Michael D Noblett, I on behalf of Atlantic Coast Tug and Marine, LLC (aty to be noticed) (Noblett, Michael) |
|
| Friday, March 15, 2024 | ||
| 27 | 27
motion
Protective Order
Fri 03/15 2:23 PM
Letter MOTION for Protective Order on consent to Magistrate Judge Henry by Caldwell Marine International, LLC. (Flood, Edward) |
|
|
Att: 1
Exhibit EDPA Order,
|
||
|
Att: 2
Proposed Order
|
||
| Monday, February 26, 2024 | ||
|
order
Order(Other) 1 - Terminate Hearings
Mon 02/26 5:11 PM
ORDER: The telephone status conference scheduled for 03/15/2024 at 10:00AM is adjourned sine die . All deadlines in the 12/08/2023 Order remain in effect. So Ordered by Magistrate Judge Marcia M. Henry on 02/26/2024. (SY) |
||
| Friday, December 08, 2023 | ||
| 26 | 26
2
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Fri 12/08 3:24 PM
ORDER granting 25 Letter MOTION for Extension of Time to Complete Discovery: For the reasons stated on the record at the 11/30/2023 discovery status conference, the parties amended proposed discovery plan at ECF No. 25, pp. 4-5, is So Ordered. ( See 11/30/2023 Minute Entry). All fact discovery shall be completed by 03/15/2024 , with a joint status report certifying the close of fact discovery due 03/15/2024 . All discovery shall be completed by 09/27/2024 with a joint status report certifying the close of all discovery day due by 09/27/2024 . See attached for all deadlines. So Ordered by Magistrate Judge Marcia M. Henry on 12/08/2023. (RC) |
|
|
order
Scheduling Order
Fri 12/08 3:24 PM
SCHEDULING ORDER : A telephone status conference is scheduled for 03/15/2024 at 10:00AM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929 . The access code is 9281384 . The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 12/08/2023. (RC) |
||
| Wednesday, November 29, 2023 | ||
|
order
Order(Other)
Wed 11/29 1:53 PM
ORDER: By letter dated 11/24/2023, Defendant Caldwell Marine International, LLC provides a status update on the parties' discovery and requests an extension of time to complete fact discovery. The Court shall address the letter and its attached proposed amended discovery plan at the 11/30/2023 status conference. So Ordered by Magistrate Judge Marcia M. Henry on 11/29/2023. (JL) |
||
| Wednesday, November 22, 2023 | ||
| 25 | 25
motion
Extension of Time to Complete Discovery
Wed 11/22 11:14 AM
Letter MOTION for Extension of Time to Complete Discovery by Caldwell Marine International, LLC. (Flood, Edward) |
|
|
order
~Util - Set Hearings 1 - Terminate Hearings
Wed 11/22 12:39 PM
RESCHEDULING ORDER : The telephone status conference scheduled for 11/30/2023 at 12:15PM is adjourned to 11/30/2023 at 1:30PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929 . The access code is 9281384 . The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 11/22/2023. (RC) |
||
| Monday, September 18, 2023 | ||
|
order
~Util - Set Hearings
Mon 09/18 2:04 PM
SCHEDULING ORDER : A telephone status conference is scheduled for 11/30/2023 at 12:15PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929 . The access code is 9281384 . The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 09/18/2023. (RC) |
||
| Tuesday, September 12, 2023 | ||
|
order
Order on Motion for Extension of Time to Complete Discovery
Tue 09/12 2:08 PM
ORDER granting 24 : The parties' deadlines are extended as follows. The parties shall complete fact discovery by 12/15/2023 and, by the same date, shall file a joint status report certifying the close of fact discovery. Affirmative expert reports shall be disclosed by 02/02/2024 , rebuttal expert reports shall be disclosed by 04/05/2024 , and expert depositions shall be completed by 05/24/2024 . All discovery shall be completed by 06/28/2024 , with a joint status report certifying the close of all discovery and indicating whether dispositive motions are contemplated due 06/28/2024 . Any dispositive-motion related filing shall be due 07/15/2024 , and any joint pretrial order shall be filed by 08/02/2024 . The parties shall appear for a status conference; a separate scheduling order shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 09/12/2023. (MY) |
||
| Thursday, September 07, 2023 | ||
| 24 | 24
misc
Status Report
Thu 09/07 12:32 PM
STATUS REPORT Joint by Karen Garson, Scott Garson (Schweitzer, Timothy) |
|
| Friday, August 25, 2023 | ||
|
order
Order(Other) Status Report Order 1 - Terminate Hearings
Fri 08/25 11:02 AM
ORDER : The telephone status conference scheduled for 09/07/2023 is adjourned sine die . The parties shall file a status report by 09/07/2023 . So Ordered by Magistrate Judge Marcia M. Henry on 08/25/2023. (RC) |
||
| Tuesday, June 06, 2023 | ||
|
order
~Util - Set Hearings
Tue 06/06 10:35 AM
SCHEDULING ORDER: A telephone status conference is scheduled for 09/07/2023 at 12:00PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929 . The access code is 9281384 . The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 06/06/2023. (RC) |
||
| Friday, May 12, 2023 | ||
|
order
Order on Motion for Extension of Time to Complete Discovery
Fri 05/12 5:54 PM
ORDER granting 23 : The parties' deadlines are extended as follows. The parties shall complete fact discovery by 09/18/2023 and, by the same date, shall file a joint status report certifying the close of fact discovery and indicating whether expert discovery is needed. Affirmative expert reports shall be disclosed by 11/17/2023 , rebuttal expert reports shall be disclosed by 01/18/2024 , and expert depositions shall be completed by 04/29/2024 . All discovery shall be completed by 04/29/2024 , with a joint status report certifying the close of all discovery and indicating whether dispositive motions are contemplated due 04/29/2024 . Any dispositive-motion related relating shall be filed by 05/15/2024 , and any joint pretrial order shall be filed by 05/24/2024 . A scheduling order for a status conference shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 05/12/2023. (MY) |
||
| Wednesday, May 10, 2023 | ||
| 23 | 23
motion
Extension of Time to Complete Discovery
Wed 05/10 5:10 PM
Letter MOTION for Extension of Time to Complete Discovery Joint by Karen Garson, Scott Garson. (Schweitzer, Timothy) |
|
|
Att: 1
Second Revised Proposed Discovery Plan
|
||
| Wednesday, January 04, 2023 | ||
|
order
Order on Motion for Extension of Time to Complete Discovery
Wed 01/04 10:00 AM
ORDER granting 22 Motion for Extension of Time to Complete Discovery: The parties report progress with discovery but seek additional time to complete depositions. The application is granted, and the new deadlines are as follows. Fact discovery shall be completed by 05/17/2023 with a joint status report certifying the close of fact discovery and indicating whether expert discovery is needed due the same day. Affirmative expert reports shall be due 07/17/2023 , and rebuttal expert reports shall be due 09/18/2023 . Expert depositions shall be completed by 12/18/2023 , and all discovery shall be completed by 12/29/2023 with a joint status report due the same day certifying the close of all discovery and indicating whether dispositive motions are contemplated. Any filing related to dispositive motion practice shall be due 01/15/2024 , and any joint pretrial order shall be due 01/24/2024 . So Ordered by Magistrate Judge Marcia M. Henry on 01/04/2023. (MY) |
||
| Friday, December 30, 2022 | ||
| 22 | 22
motion
Extension of Time to Complete Discovery
Fri 12/30 11:53 AM
Joint MOTION for Extension of Time to Complete Discovery by Karen Garson, Scott Garson. (Schweitzer, Timothy) |
|
|
Att: 1
Revised Proposed Discovery Plan
|
||
| Wednesday, September 21, 2022 | ||
| 21 | 21
answer
Answer to Amended Complaint
Wed 09/21 9:40 AM
ANSWER to19 Amended Complaint by Caldwell Marine International, LLC. (Flood, Edward) |
|
| Monday, September 12, 2022 | ||
|
order
Order(Other)
Mon 09/12 4:22 PM
ORDER re20 : The Court is in receipt of the parties' joint status report reporting their progress with discovery. The parties are reminded that the discovery deadlines remain in effect. ( See 01/20/2022 Minute Entry & Order; ECF No. 14.) So Ordered by Magistrate Judge Marcia M. Henry on 09/12/2022. (Yousuf, Maria) |
||
| Thursday, September 08, 2022 | ||
| 20 | 20
misc
Status Report
Thu 09/08 3:16 PM
STATUS REPORT Joint by Karen Garson, Scott Garson (Schweitzer, Timothy) |
|
| Tuesday, September 06, 2022 | ||
| 19 | 19
cmp
Amended Complaint
Tue 09/06 11:25 AM
AMENDED COMPLAINT against Atlantic Coast Tug and Marine, LLC, Cable Barge, Caldwell Marine International, LLC, Tug Fort Point, filed by Karen Garson, Scott Garson. (Schweitzer, Timothy) |
|
| Friday, September 02, 2022 | ||
|
order
Order on Motion to Amend/Correct/Supplement
Fri 09/02 12:40 PM
ORDER: granting 18 Motion to Amend Complaint. Under Fed. R. Civ. P. 15(a)(2), "a party may amend its pleading only with the opposing party's written consent or the court's leave" but instructs that "[t]he court should freely give leave when justice so requires." Because Defendants consent to the filing of an amended complaint, and there is no evidence of dilatory tactics or unfair prejudice, the application is granted. Plaintiffs are directed to file a clean copy of the amended complaint by 09/08/2022 . So Ordered by Magistrate Judge Marcia M. Henry on 09/02/2022. (Gans, Courtney) |
||
| Thursday, September 01, 2022 | ||
|
order
Order Referring Motion
Thu 09/01 3:07 PM
ORDER REFERRING MOTION: The motion to amend at18 is respectfully referred to Magistrate Judge Henry. Ordered by Judge Rachel P. Kovner on 9/1/2022. (Andrews, Stephen) |
||
| Wednesday, August 31, 2022 | ||
| 18 | 18
motion
Amend/Correct/Supplement
Wed 08/31 4:27 PM
Letter MOTION to Amend/Correct/Supplement1 Complaint, by Karen Garson, Scott Garson. (Schweitzer, Timothy) |
|
|
Att: 1
Exhibit 1
|
||
| Friday, July 08, 2022 | ||
|
order
Order(Other)
Fri 07/08 12:18 PM
ORDER: The Court is in receipt of the parties' joint status report at 16 indicating progress with discovery. The parties are directed to file a further joint status report by 09/07/2022 . So Ordered by Magistrate Judge Marcia M. Henry on 07/08/2022 (Gans, Courtney) |
||
| Wednesday, July 06, 2022 | ||
| 17 | 17
misc
Status Report
Wed 07/06 4:23 PM
STATUS REPORT (joint) by Karen Garson, Scott Garson (Schweitzer, Timothy) |
|
| Monday, April 25, 2022 | ||
|
order
Order(Other)
Mon 04/25 11:36 AM
ORDER: The Court is in receipt of the parties' joint status report at16 indicating progress with discovery. The parties are directed to file a further joint status report by 07/06/2022 . So Ordered by Magistrate Judge Marcia M. Henry on 04/25/2022. (Gans, Courtney) |
||
| Thursday, April 21, 2022 | ||
| 16 | 16
misc
Status Report
Thu 04/21 2:02 PM
STATUS REPORT (joint) by Karen Garson, Scott Garson (Schweitzer, Timothy) |
|
| Friday, January 21, 2022 | ||
| 15 | 15
service
Summons Returned Executed
Fri 01/21 2:29 PM
SUMMONS Returned Executed by Karen Garson, Scott Garson. Atlantic Coast Tug and Marine, LLC served on 10/5/2021, answer due 11/11/2021. (Schweitzer, Timothy) |
|
| Thursday, January 20, 2022 | ||
|
minutes
Initial Conference Hearing
Fri 01/21 6:04 AM
MINUTE ENTRY AND ORDER: A video initial conference was held on 01/20/2022 before Magistrate Judge Marcia M. Henry. Timothy Schweitzer, counsel for Plaintiff; Edward Flood, counsel for Caldwell Marine International LLC ("Caldwell"), and Catherine Everett (unnoticed), counsel for Atlantic Coast Tug and Marine, LLC ("Atlantic Coast"), were present. Ms. Everett is directed to file her notice of appearance by the end of the day. As stated on the record, Plaintiff is directed to file proof of service as to Defendant Atlantic Coast by 01/24/2022 . The proposed case management plan at 14 is So Ordered with the following modification: the proposed date for a settlement conference before the undersigned in §B(4) shall be determined at a later date. The deadline to complete fact discovery is 01/13/2023 , with a joint status report due the same day certifying that fact discovery has closed; the deadline for the completion of all discovery is 08/21/2023 , with a joint status report due the same day certifying that all discovery has closed; and the last day to take the first step in dispositive motion practice is 09/15/2023 . See 14 for all other relevant deadlines. Finally, the parties are directed to file a joint status report (not to exceed three pages) regarding progress with discovery and any settlement discussions by 04/21/2022 . So Ordered by Magistrate Judge Marcia M. Henry on 01/20/2022. (Zoom Log # 2:15PM-2:35PM) (Castro, Ricardo) |
||
| Wednesday, January 12, 2022 | ||
| 14 | 14
misc
Proposed Scheduling Order
Wed 01/12 2:02 PM
Proposed Scheduling Order (joint) by Karen Garson, Scott Garson (Schweitzer, Timothy) |
|
| Wednesday, December 01, 2021 | ||
| 13 | 13
answer
Answer to Crossclaim
Wed 12/01 4:21 PM
ANSWER to11 Answer to Complaint, Crossclaim by Caldwell Marine International, LLC. (Flood, Edward) |
|
| Friday, November 19, 2021 | ||
| 12 | 12
order
Scheduling Order
Fri 11/19 12:15 PM
SCHEDULING ORDER: A video initial conference is scheduled for 01/20/2022 at 2:00PM before Magistrate Judge Marcia M. Henry. All counsel must attend via video . The parties shall join the video call (5) minutes before the conference. A video Zoom link will be sent to the parties. The public can call the toll-free number 646-828-7666 . The Meeting ID is 161-848-2387 . Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 01/13/2022 , the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: [LINK:https://img.nyed.uscourts.gov/files/localrules/ProposedDiscoveryPlanMMH.pdf] ). So Ordered by Magistrate Judge Marcia M. Henry on 11/19/2021. (Castro, Ricardo) |
|
|
Att: 1
Proposed Discovery Plan,
|
||
|
Att: 2
Individual Practice Rules
|
||
| Thursday, November 11, 2021 | ||
| 11 | 11
answer
Answer to Complaint Crossclaim
Thu 11/11 6:00 PM
ANSWER to1 Complaint, , CROSSCLAIM against All Defendants by Atlantic Coast Tug and Marine, LLC. (Danielsen, Kenneth) |
|
| 10 | 10
misc
Corporate Disclosure Statement
Thu 11/11 5:58 PM
Corporate Disclosure Statement by Atlantic Coast Tug and Marine, LLC (Danielsen, Kenneth) |
|
| Thursday, October 28, 2021 | ||
|
order
Order on Motion for Extension of Time to Answer
Thu 10/28 10:33 AM
ORDER granting7 Consent MOTION for Extension of Time to File Answer re1 Complaint, Atlantic Coast Tug and Marine, LLC answer due 11/11/2021. Ordered by Judge Rachel P. Kovner on 10/28/2021.(Andrews, Stephen) |
||
| Wednesday, October 27, 2021 | ||
| 9 | 9
answer
Answer to Complaint
Wed 10/27 3:46 PM
ANSWER to1 Complaint, by Caldwell Marine International, LLC. (Flood, Edward) |
|
| 8 | 8
misc
Corporate Disclosure Statement
Wed 10/27 3:44 PM
Corporate Disclosure Statement by Caldwell Marine International, LLC (Flood, Edward) |
|
| 7 | 7
motion
Extension of Time to File Answer
Wed 10/27 3:02 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint, by Atlantic Coast Tug and Marine, LLC. (Danielsen, Kenneth) |
|
| Monday, October 18, 2021 | ||
| 6 | 6
service
Summons Returned Executed
Mon 10/18 1:46 PM
SUMMONS Returned Executed by Scott Garson, Karen Garson. Caldwell Marine International, LLC served on 10/4/2021, answer due 10/25/2021. (Schweitzer, Timothy) |
|
| Thursday, September 30, 2021 | ||
| 5 | 5
notice
Notice of Appearance
Thu 09/30 11:12 AM
NOTICE of Appearance by Paul T. Hofmann on behalf of Karen Garson, Scott Garson (aty to be noticed) (Hofmann, Paul) |
|
| Tuesday, September 28, 2021 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Tue 09/28 11:22 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
|
| 3 | 3
misc
Clerks Notice of Rule 73
Tue 09/28 11:21 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
|
| 2 | 2
service
Summons Issued
Tue 09/28 11:21 AM
Summons Issued as to Atlantic Coast Tug and Marine, LLC, Caldwell Marine International, LLC. (Bowens, Priscilla) |
|
|
Att: 1
Atlantic summons
|
||
| Monday, September 27, 2021 | ||
| 1 | 1
cmp
Complaint
Mon 09/27 3:30 PM
COMPLAINT against Atlantic Coast Tug and Marine, LLC, CABLE BARGE, Caldwell Marine International, LLC, Tug Fort Point filing fee $ 402, receipt number ANYEDC-14875699 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Scott Garson, Karen Garson. (Schweitzer, Timothy) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Proposed Summons,
|
||
|
Att: 3
Proposed Summons
|
||
|
utility
Case Assigned/Reassigned
Tue 09/28 11:17 AM
Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
||