Backer EHP Inc. et al v. M/V One Apus et al

Consolidated
Lead case: 1:22-md-03028

New York Southern District Court
Judge:Paul A Engelmayer
Case #: 1:22-cv-06461
Nature of Suit120 Contract - Marine
Cause46:1701 Violation of Shipping Act of 1984 (DISCONTINUED AFTER 1/27/2014)
Case Filed:Jul 29, 2022
Last checked: Wednesday Jan 25, 2023 3:40 AM EST
Defendant
Does
Defendant
HMM Co Ltd.
Defendant
Hapag-Lloyd Aktiengesellschaft
Defendant
M/V ONE Apus
Defendant
Ocean Network Express Pte. Ltd.
Defendant
Yang Ming Marine Transport Corporation
Plaintiff
Backer EHP Inc.
a Delaware corporation Kaye, Rose & Partners, LLP 723 Palisades Beach Road Suite 108
Santa Monica, CA 90402
Represented By
Bradley Rose
Kaye Rose And Partners LLP
contact info
Frank C Brucculeri
Kaye Rose And Partners LLP
contact info
Plaintiff
HDI Global Insurance Company
Represented By
Bradley Rose
Kaye Rose And Partners LLP
contact info
Frank C Brucculeri
Kaye Rose And Partners LLP
contact info
TERMINATED PARTIES
Defendant
CH Robinson Freight Services Ltd
Terminated: 03/02/2022
Defendant
CH Robinson International, Inc.
Terminated: 03/02/2022


Docket last updated: 9 hours ago
Friday, June 28, 2024
31 31 order Memo Endorsement ~Util - Set Deadlines Fri 06/28 6:01 PM
MEMO ENDORSEMENT on re: (622 in 1:22-md-03028-PAE) Letter filed by Chidori Ship Holding LLC, CHIDORI SHIP HOLDING LLC, JESSICA SHIP HOLDING S.A., Jessica Ship Holding S.A.. ENDORSEMENT: Granted. SO ORDERED. ( Discovery due by 9/6/2024., Motions due by 9/6/2024.) (Signed by Judge Paul A. Engelmayer on 6/28/2024) Filed In Associated Cases: 1:22-md-03028-PAE et al. (tg)
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Friday, March 22, 2024
30 30 order Stipulation and Order of Dismissal Fri 03/22 12:00 PM
STIPULATION FOR DISMISSAL WITH PREJUDICE PURSUANT TO FRCP 41(A)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED by and between all parties and/or their respective counsel(s) to Case No. 1:22-cv-08238 that the above-captioned action be voluntarily dismissed in its entirety. with prejudice and without costs pursuant to the Federal Rules or Civil Procedure 41 (a)(1)(A)(ii). IT IS SO STIPULATED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/22/2024) Filed In Associated Cases: 1:22-md-03028-PAE et al. (va)
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Friday, March 01, 2024
29 29 order Memo Endorsement Fri 03/01 3:23 PM
MEMO ENDORSEMENT on re: (582 in 1:22-md-03028-PAE) Letter, filed by Chidori Ship Holding LLC, CHIDORI SHIP HOLDING LLC, JESSICA SHIP HOLDING S.A., Jessica Ship Holding S.A. ENDORSEMENT: The Court appreciates this notification. The requested extension of deadlines is hereby GRANTED. The next status update is due March 29, 2024. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/1/2024) Filed In Associated Cases: 1:22-md-03028-PAE et al. (va)
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Thursday, February 01, 2024
28 28 order Memo Endorsement Thu 02/01 3:25 PM
MEMO ENDORSEMENT on re: (579 in 1:22-md-03028-PAE) Letter, filed by Chidori Ship Holding LLC, CHIDORI SHIP HOLDING LLC, JESSICA SHIP HOLDING S.A., Jessica Ship Holding S.A. ENDORSEMENT: The Court appreciates this notification. The next status update is due February 29, 2024. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/1/2024) Filed In Associated Cases: 1:22-md-03028-PAE et al. (va)
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27 27 order Notice of Voluntary Dismissal - Signed ~Util - Add and Terminate Parties Thu 02/01 2:58 PM
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Plaintiffs Continental Insurance Company and Fubon Insurance Co. Ltd. pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure hereby voluntarily dismiss without prejudice the following claims ONLY as against Defendant Schenker Ocean, with each party to bear its own fees and costs: (As further set forth herein.) SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/1/2024) Filed In Associated Cases: 1:22-md-03028-PAE et al. (va)
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Friday, January 19, 2024
26 26 misc Notice of Filing Transcript Fri 01/19 2:53 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/30/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:22-md-03028-PAE et al..(McGuirk, Kelly)
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25 25 misc Transcript Fri 01/19 2:45 PM
TRANSCRIPT of Proceedings re: CONFERNENCE held on 11/30/2023 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Devon Gerber, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/9/2024. Redacted Transcript Deadline set for 2/20/2024. Release of Transcript Restriction set for 4/18/2024.Filed In Associated Cases: 1:22-md-03028-PAE et al..(McGuirk, Kelly)
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Wednesday, December 06, 2023
24 24 order Order Wed 12/06 3:50 PM
ORDER NO.5: At the November 30, 2023 court conference, the status of and process for settling claims, the limited claims not currently included in the settlement, and potential future claims were discussed. In the interest of continuing to facilitate settlement: 1) The participating parties will file a redacted copy of the fully executed Settlement Agreement with the Court by December 14, 2023. If unable to meet this deadline, these parties will write to the Court in advance of this deadline; 2) For all actions that are part of this MDL, including those claims in Schedule C of the Settlement Agreement and those claims which are currently excluded from the settlement, the pause in litigation activity, i.e., formal discovery and motions, is hereby extended to February 29, 2024; 3) For any action that is part of this MDL that is not being fully resolved under the terms of the Settlement Agreement, as well as any new actions that become part of this MDL and are not fully resolved before, a proposed Civil Case Management Plan and Scheduling Order will be submitted no later than March 1, 2024; and 4) The parties will jointly report by letter to the Court on their progress on all actions that are part of this MDL, with a summary table organized by civil action numbers, by the end of each month, starting in January of 2024. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/6/2023) Filed In Associated Cases: 1:22-md-03028-PAE et al. (ks)
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Thursday, November 30, 2023
23 23 order Order Thu 11/30 11:18 AM
ORDER: The Court has received requests from counsel for permission to telephonically audit the settlement conference scheduled for November 30, 2023 at 2:30 p.m. Because today's conference is an in-person conference, any counsel who intends to be heard, or who reserves the opportunity to be heard at the conference, must appear in person. The Court, however, will permit counsel who do not wish to speak at the conference to audit the conference telephonically. Anyone who wishes to audit the conference should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/30/2023) Filed In Associated Cases: 1:22-md-03028-PAE et al. (ks)
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Wednesday, November 01, 2023
22 22 order Order ~Util - Set Deadlines/Hearings Wed 11/01 3:22 PM
ORDER NO 4: The Court has received the parties' joint letter seeking adjournment of the upcoming case management conference on November 2, 2023. Dkt. 566. In the interest of facilitating settlement, the Court adjourns, one final time, the case management conference. The conference will now be held, in person, on November 30, 2023 at 2:30 p.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 1007. The pause of litigation activity is hereby extended to December 4, 2023. The parties are directed to provide another joint status letter by November 22, 2023. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/1/2023) ( Settlement Conference set for 11/30/2023 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) Filed In Associated Cases: 1:22-md-03028-PAE et al. (ks)
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Wednesday, July 05, 2023
21 21 notice Notice of Appearance Wed 07/05 9:12 AM
NOTICE OF APPEARANCE by Marlo J. Hittman on behalf of Shipco Transport, Shipco Transport Inc, Shipco Transport Inc., Shipco Transport Inc., Shipco Transport, Inc.. Filed In Associated Cases: 1:22-md-03028-PAE et al..(Hittman, Marlo)
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Monday, February 06, 2023
20 20 misc Rule 7.1 Corporate Disclosure Statement Mon 02/06 10:26 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nippon Yusen Kabushiki Kaisha for NYK Shipmanagement Pte Ltd; Corporate Parent Anchor Ocean for Chidori Ship Holding LLC, Jessica Ship Holding S.A.. Document filed by Chidori Ship Holding LLC, Jessica Ship Holding S.A., M/V ONE Apus, NYK Shipmanagement Pte Ltd.Filed In Associated Cases: 1:22-md-03028-PAE et al..(Nakazawa, Alan)
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Thursday, December 29, 2022
19 19 misc Rule 7.1 Corporate Disclosure Statement Thu 12/29 5:58 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hmm Co. LTD..Filed In Associated Cases: 1:22-md-03028-PAE et al..(Giffin, John)
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Thursday, December 22, 2022
18 18 2 pgs order Order Thu 12/22 5:00 PM
ORDER NO. 4: It was agreed at the initial court conference that it was in the best interest of the parties to continue settlement discussions. In order to accomplish this, the status quo must be maintained in terms of discovery, motions, and claims currently on extensions of time for suit or arbitration. Accordingly, the Court defers entering a Case Management Plan and Scheduling Order until after March 31, 2023. Upon request of counsel, the Vessel Interests will grant the Cargo Interests and the NVOCC Interests, in regard to claims that are currently on time extensions, further extensions of time to file suit or to commence arbitration up to and including August 31, 2023 on the same terms, conditions, and reservations as set forth in the prior extensions. Upon request of counsel, the NVOCC Interests will grant the Cargo Interests, in regard to claims that are currently on time extensions, further extensions of time to file suit or to commence arbitration up to and including August 31, 2023 on the same terms, conditions, and reservations as set forth in the prior extensions. No formal discovery shall be undertaken before March 31, 2023, but the parties may voluntarily exchange documents in the context of settlement discussions. No motions to dismiss or for summary judgment shall be filed before March 31, 2023. The Cargo, NVOCC, and Vessel Interests will jointly report by letter to the Court on their progress on January 16, 2023; February 15, 2023; and March 15, 2023. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/22/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (ks)
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Friday, December 16, 2022
17 17 notice Notice of Appearance Fri 12/16 1:26 PM
NOTICE OF APPEARANCE by Keith Wayne Heard on behalf of Global Ocean Agency Lines, Meadows WYE Container Groupage. Filed In Associated Cases: 1:22-md-03028-PAE et al..(Heard, Keith)
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Monday, December 12, 2022
16 16 notice Notice of Appearance Mon 12/12 2:06 PM
NOTICE OF APPEARANCE by John Tanner Honea on behalf of HAPAG-LLOYD AKTIENGESELLCHAFT. Filed In Associated Cases: 1:22-md-03028-PAE et al..(Honea, John)
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Wednesday, December 07, 2022
15 15 1 pgs order Order on Motion for Extension of Time Wed 12/07 3:12 PM
ORDER granting (230 in case 1:22-md-03028-PAE) Letter Motion for Extension of Time. Granted. SO ORDERED. ( Service due by 12/12/2022.) (Signed by Judge Paul A. Engelmayer on 12/7/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (vfr)
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Wednesday, November 30, 2022
14 14 2 pgs order Order on Motion for Oral Argument Wed 11/30 3:54 PM
ORDER granting in part and denying in part (196) Letter Motion for Oral Argument; granting in part and denying in part (207) Letter Motion for Oral Argument in case 1:22-md-03028-PAE. Accordingly, any counsel who intends to be heard, or who reserves the opportunity to be heard at the conference must appear in person. Recognizing the costs and inconvenience that travel may present for some counsel, the Court will, however, permit counsel who do not seek to speak at the conference to audit the conference telephonically. It is essential that every distinct interest in this case be represent by a counsel attending in person. The Court therefore expects that, at a minimum, each relevant group of interests (e.g., Cargo Counsel; NVOCC; Vessel) be represented in person at the conference, and that any party that chooses not to send a counsel in person have delegated authority to speak at the conference to a counsel attending in person. To assure clarity as to which counsel will be attending, and as to the delegated authority that each counsel will have, the Court directs counsel for each group of interests to file on the docket of this case a letter, due December 12, 2022, identifying all counsel who will attend, and the party or parties on behalf of which each will have authority to speak. To the extent that counsel wish the Court make a record of those counsel who will be auditing the conference telephonically, the above letters should set out the names of such counsel. To the extent that counsel, parties, or the public wish to audit the conference, they should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, as further set forth herein. Counsel should arrive by 2 p.m. on December 15, 2022, and be prepared for the conference to begin at 2:30 p.m. The Clerk of the Court is respectfully ordered to terminate the motions pending at dockets 196 and 207. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/30/2022) Filed In Associated Cases: 1:22-md-03028-PAE et al. (vfr)
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Wednesday, November 09, 2022
13 13 motion Consolidate Cases Wed 11/09 1:17 PM
LETTER MOTION to Consolidate Cases 1:22-cv-4609 - that 1:22-cv-4609 be Consolidated as a Member Case on MDL Docket 1:22-md-3028 addressed to Judge Paul A. Engelmayer from Lauren B. Wilgus dated 11/8/22. Document filed by China Int'l Freight Co., Ltd..Filed In Associated Cases: 1:22-md-03028-PAE et al..(Wilgus, Lauren)
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Friday, July 29, 2022
12 12 transfer Case Transferred In - District Transfer Fri 07/29 2:41 PM
CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:21-cv-09605. Original file certified copy of transfer order and docket entries received.
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utility Case Consolidation - MDL Fri 07/29 2:45 PM
CONSOLIDATED MDL CASE: Create association to 1:22-md-03028-PAE. (vba)
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utility Case Accepted as Related Fri 07/29 2:47 PM
CASE ACCEPTED AS RELATED. Create association to 1:22-md-03028-PAE. Notice of Assignment to follow. (vba)
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notice Case Opening Initial Assignment Notice - Transfer Case Fri 07/29 2:49 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vba)
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utility Case Designation Fri 07/29 2:51 PM
Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba)
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utility Case Designated ECF Fri 07/29 2:52 PM
Case Designated ECF. (vba)
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misc Note to Out of State Attorneys Fri 07/29 2:53 PM
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)
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Thursday, June 16, 2022
11 11 TRANSFER ORDER from the United States Judicial Panel on Multidistrict Litigation, MDL 3028, transferring case to USDC, Southern District of New York and assigned to Honorable Paul A. Engelmayer. Case transferred electronically 6/17/2022. (MD JS-6. Case Terminated.) (lc) [Transferred from California Central on 7/29/2022.]
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Wednesday, March 02, 2022
10 10 NOTICE OF DISMISSAL filed by Plaintiffs Backer EHP Inc. and HDI Global Insurance Company HDI Global Insurance Company, Backer EHP Inc. pursuant to FRCP 41a(1) as to CH Robinson Freight Services Ltd, CH Robinson International, Inc.. (Brucculeri, Frank) [Transferred from California Central on 7/29/2022.]
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Tuesday, January 04, 2022
9 9 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 Related [+] filed. Transfer of case declined by Judge Cormac J. Carney, for the reasons set forth on this order. Related Case No. 2:21-cv-07655 CJC(ASx) (rn) [Transferred from California Central on 7/29/2022.]
Related: [-] lated Case
Wednesday, December 15, 2021
8 8 INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf) [Transferred from California Central on 7/29/2022.]
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Tuesday, December 14, 2021
7 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) [Transferred from California Central on 7/29/2022.]
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6 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 7/29/2022.]
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5 5 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Jean P. Rosenbluth. (jtil) [Transferred from California Central on 7/29/2022.]
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Friday, December 10, 2021
4 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiffs Backer EHP Inc., HDI Global Insurance Company (Rose, Bradley) [Transferred from California Central on 7/29/2022.]
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3 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Backer EHP Inc. and HDI Global Insurance Company All Plaintiffs, (Attorney Bradley Rose added to party HDI Global Insurance Company(pty:pla))(Rose, Bradley) [Transferred from California Central on 7/29/2022.]
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2 2 CIVIL COVER SHEET filed by Plaintiffs Backer EHP Inc., HDI Global Insurance Company. (Rose, Bradley) [Transferred from California Central on 7/29/2022.]
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1 1 COMPLAINT Receipt No: ACACDC-32464499 - Fee: $402, filed by Plaintiffs Backer EHP Inc. and HDI Global Insurance Company Backer EHP Inc.. (Attorney Bradley Rose added to party Backer EHP Inc.(pty:pla))(Rose, Bradley) [Transferred from California Central on 7/29/2022.]
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