United States of America v. SS Captain H.A. Downing, et al

Federal Civil Lawsuit Texas Eastern District Court, Case No. 1:10-cv-00240
District Judge Ron Clark, presiding
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District Judge Ron Clark
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Summary

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Parties
United States of America United States of America, Plaintiff

Represented by United States Department of Justice

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Michael W Kerns +1 202 616 4020 +1 202 616 4002 michael.kerns@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter Glenn Myer +1 202 616 4043 +1 202 616 4159 peter.myer@usdoj.gov
v.
No Logo AHL Shipping Company, Defendant
No Logo SS Captain H.A. Downing, Defendant
Other Parties
No Logo Capitan Timothy A. Brown, Intervenor-Plaintiff

Represented by City Plaza

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Andrew Colomb +1 225 756 0222 +1 225 756 0025 mike@dodsonhooks.com
No Logo James A Smith, Intervenor-Plaintiff

Represented by Gilbert T. Adams , III, P.C. Law Office

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gilbert Timbrell Adams, III +1 409 835 3000 +1 409 832 6162 gilbert@gta-law.com
No Logo Wilhelmsen Ships Service, Inc., Claimant

Represented by Chaffe McCall, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Kevin Patrick Walters +1 713 546 9800 +1 713 546 9806 walters@chaffe.com
Attributes
Citation Section 12 U.S.C. § 1819
Nature of Suit 120 - Contract: Marine
Timeline
  Entries (101) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 101 Filed: 12/1/2011, Entered: None Court Filing
MEMORANDUM OPINION on claim for unpaid contributions to vacation and retirement plans. Signed by Judge Ron Clark on 12/1/11. (tkd, ) (Entered: 12/02/2011)
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Blank 100 Filed: 12/1/2011, Entered: None Court Filing
FINAL JUDGMENT that the following entities recover from the proceeds of the sale of deft vessel SS Captain HA Downing: $487,295.46 to Maritime Administration of the Dept of Transportation; $201.50 to US Marshal Service; $36,128.98 to Captain Timothy A Brown on behalf of the crew members listed in attached exhibit 3; $447,762.70 to intervenor James A Smith; $2,227,619.57 to United States of America. Default judgment is entered against all persons claiming maritime liens against deft vessel except the United States, Captain Timothy A Brown, James A Smith and Wilhelmsen Ship Service. All relief not specifically granted herein is denied. All motions not previously ruled on are denied. Signed by Judge Ron Clark on 12/1/11. (tkd, ) (Entered: 12/02/2011)
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Blank 99 Filed: 11/29/2011, Entered: None Court Filing
FINDINGS OF FACT as to James A Smith's Unseaworthiness Claim. Signed by Judge Ron Clark on 11/28/11. (tkd, ) (Entered: 11/29/2011)
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Legal Document (Payment Possibly Required) 98 Filed: 11/28/2011, Entered: None
FILED IN ERROR. Please ignore.STATUS REPORT Re: Final Dispositon by James A Smith. (Bull, Edward) Modified on 11/29/2011 (tkd, ). (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 97 Filed: 11/8/2011, Entered: None Court Filing
ORDER granting in part/denying in part 85 Motion for Default Judgment. The court grants the motion as to potential lien claimants other than the United States, Captain Timothy A Brown, James A Smith and Wilhelmsen Ship Service Inc, who have not heretofore filed and presented claims. The Court denies the motion as to the vessel SS Captain HA Downing. Signed by Judge Ron Clark on 11/8/11. (tkd, ) (Entered: 11/09/2011)
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Legal Document (Payment Possibly Required) 96 Filed: 11/7/2011, Entered: None
Attachments to 85 MOTION for Default Judgment as to the SS CAPTAIN H.A. DOWNING and Any Potential Lienors Who have Not Intervened filed by United States of America. (Attachments: # 1 Myer Declaration, # 2 Publisher's Affidavit)(Myer, Peter) Modified on 11/8/2011 (tkd, ). (Entered: 11/07/2011)
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Legal Document (Payment Possibly Required) 95 Filed: 10/7/2011, Entered: None
Plaintiff USA's Exhibit List. (fal, ) (Entered: 10/07/2011)
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Legal Document (Payment Possibly Required) 94 Filed: 10/7/2011, Entered: None
Intervenor Smith's Exhibit List. (fal, ) (Entered: 10/07/2011)
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Legal Document (Payment Possibly Required) 93 Filed: 10/7/2011, Entered: None
Intervenor Brown's Exhibit List. (fal, ) (Entered: 10/07/2011)
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Legal Document (Payment Possibly Required) 92 Filed: 10/7/2011, Entered: None
Bench Trial Witness List. (fal, ) (Entered: 10/07/2011)
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Legal Document (Payment Possibly Required) 91 Filed: 10/7/2011, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ron Clark: Bench Trial completed on 10/7/2011. (Court Reporter Tamara Derouen.) (fal, ) (Entered: 10/07/2011)
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Legal Document (Payment Possibly Required) 90 Filed: 10/6/2011, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ron Clark: Bench Trial held on 10/6/2011. (Court Reporter Tamara Derouen.) (fal, ) (Entered: 10/07/2011)
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Legal Document (Payment Possibly Required) 89 Filed: 10/6/2011, Entered: None Court Filing
JOINT FINAL PRETRIAL ORDER. Signed by Judge Ron Clark on 10/5/11. (tkd, ) (Entered: 10/06/2011)
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Legal Document (Payment Possibly Required) 88 Filed: 10/5/2011, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ron Clark: Bench Trial held on 10/5/2011. (Court Reporter Tamara Derouen.) (fal, ) (Entered: 10/06/2011)
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Legal Document (Payment Possibly Required) 87 Filed: 10/3/2011, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ron Clark: Final Pretrial Conference held on 10/3/2011. (Court Reporter Tamera Derouen.) (fal, ) (Entered: 10/04/2011)
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Legal Document (Payment Possibly Required) 86 Filed: 9/30/2011, Entered: None
TRIAL BRIEF on Unseaworthiness by United States of America. (Myer, Peter) (Entered: 09/30/2011)
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Legal Document (Payment Possibly Required) 85 Filed: 9/30/2011, Entered: None
MOTION for Default Judgment as to the SS CAPTAIN H.A. DOWNING and Any Potential Lienors Who have Not Intervened by United States of America. (Attachments: # 1 Memorandum in Support, # 2 proposed Default Judgment)(Myer, Peter) (Entered: 09/30/2011)
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Legal Document (Payment Possibly Required) 84 Filed: 9/29/2011, Entered: None
REPLY to Evidentiary Objections to Dr. Lang Testimony, filed by James A Smith (Bull, Edward) Modified on 9/30/2011 (tkd, ). (Entered: 09/29/2011)
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Legal Document (Payment Possibly Required) 83 Filed: 9/29/2011, Entered: None
REPLY to Evidentiary Objections of Plaintiff USA, filed by James A Smith (Bull, Edward) Modified on 9/30/2011 (tkd, ). (Entered: 09/29/2011)
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Legal Document (Payment Possibly Required) 82 Filed: 9/29/2011, Entered: None
MOTION for Leave to File Objections to the Deposition Testimony of Dr. Leslie Kim and Ms. Carol Hyland by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Objections to Depositions of Dr. Leslie Kim and Ms. Carol Hyland, # 3 Excerpts- Dr. Leslie Kim, # 4 Excerpts- Ms. Carol Hyland)(Myer, Peter) (Entered: 09/29/2011)
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Legal Document (Payment Possibly Required) 81 Filed: 9/27/2011, Entered: None
Proposed Amended Exhibit List by James A Smith. (Bull, Edward) Modified on 9/29/2011 (tkd, ). (Entered: 09/27/2011)
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Legal Document (Payment Possibly Required) 80 Filed: 9/27/2011, Entered: None
Amended NOTICE of Evidentiary Objections by James A Smith (Bull, Edward) Modified on 9/29/2011 (tkd, ). (Entered: 09/27/2011)
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Legal Document (Payment Possibly Required) 79 Filed: 9/26/2011, Entered: None
Approved APPLICATION to Appear Pro Hac Vice by Attorney Kurt L Micklow for James A Smith (Fee Paid). (tkd, ) (Entered: 09/27/2011)
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Legal Document (Payment Possibly Required) 78 Filed: 9/26/2011, Entered: None
CLERK'S ENTRY OF DEFAULT as to SS Captain H.A. Downing,in rem, and any and all persons or entities other than Captain Timothy A Brown, James A Smith and Wilhelmsen Ships Services Inc, and the United States of America, with potential claims of maritime liens against the deft vessel. (tkd, ) (Entered: 09/26/2011)
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Legal Document (Payment Possibly Required) 77 Filed: 9/23/2011, Entered: None
Request by United States of America for Clerk's Entry of Default against SS Captain H.A. Downing. (Attachments: # 1 Declaration in Support, # 2 Publisher's Affidavit, # 3 Text of Proposed Order)(Myer, Peter) (Entered: 09/23/2011)
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Legal Document (Payment Possibly Required) 76 Filed: 9/23/2011, Entered: None
FILED IN ERROR as a motion. Please ignore. MOTION Clerk's Default by United States of America. (Attachments: # 1 Declaration in Support, # 2 Publisher's Affidavit, # 3 Text of Proposed Order)(Myer, Peter) Modified on 9/23/2011 (tkd, ). (Entered: 09/23/2011)
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Legal Document (Payment Possibly Required) 75 Filed: 9/20/2011, Entered: None
FILED IN ERROR. Please ignore. MOTION for Leave to Appear by James A Smith. (Bull, Edward) Modified on 9/21/2011 (tkd, ). (Entered: 09/20/2011)
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Legal Document (Payment Possibly Required) 74 Filed: 9/20/2011, Entered: None
NOTICE of Evidentiary Objections by James A Smith (Bull, Edward) Modified on 9/21/2011 (tkd, ). (Entered: 09/20/2011)
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Legal Document (Payment Possibly Required) 73 Filed: 9/19/2011, Entered: None
FILED IN ERROR. Missing certificate of service. Please ignore.NOTICE by James A Smith of Evidentiary Objections (Bull, Edward) Modified on 9/21/2011 (tkd, ). (Entered: 09/19/2011)
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Legal Document (Payment Possibly Required) 72 Filed: 9/19/2011, Entered: None
Proposed Findings of Fact by James A Smith. (Bull, Edward) (Entered: 09/19/2011)
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Legal Document (Payment Possibly Required) 71 Filed: 9/19/2011, Entered: None
Proposed Findings of Fact by Timothy A. Brown. (Colomb, Michael) (Entered: 09/19/2011)
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Legal Document (Payment Possibly Required) 70 Filed: 9/19/2011, Entered: None
NOTICE by United States of America of It's Objections to Opponent's Exhibits and Deposition Excerpts (Myer, Peter) (Entered: 09/19/2011)
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Legal Document (Payment Possibly Required) 69 Filed: 9/19/2011, Entered: None
Proposed Findings of Fact by United States of America. (Myer, Peter) (Entered: 09/19/2011)
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Legal Document (Payment Possibly Required) 68 Filed: 9/16/2011, Entered: None
Approved APPLICATION to Appear Pro Hac Vice by Attorney Michael W Kerns for United States of America (Fee Waived). (tkd, ) (Entered: 09/16/2011)
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Legal Document (Payment Possibly Required) 67 Filed: 9/15/2011, Entered: None Court Filing
ORDER on limitations of trial time. Signed by Judge Ron Clark on 9/15/11. (tkd, ) (Entered: 09/16/2011)
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Legal Document (Payment Possibly Required) 66 Filed: 9/14/2011, Entered: None Court Filing
ORDER denying 39 Motion for Summary Judgment by Captain Timothy Brown. Order also denying 44 Counter Motion for Partial Summary Judgment by USA. Signed by Judge Ron Clark on 9/14/11. (tkd, ) (Entered: 09/15/2011)
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Legal Document (Payment Possibly Required) 65 Filed: 9/14/2011, Entered: None
US Marshal Return of Service Executed on Bill of Sale by serving Esco Marine on 9/12/11 as to SS Captain HA Downing (tkd, ) (Entered: 09/14/2011)
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Legal Document (Payment Possibly Required) 64 Filed: 9/14/2011, Entered: None
US Marshal Return of Service executed 8/30/11 on Release of Vessel as to SS Captain HA Downing (tkd, ) (Entered: 09/14/2011)
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Legal Document (Payment Possibly Required) 63 Filed: 9/13/2011, Entered: None Court Filing
ORDER re: Presenting Witnesses. Signed by Judge Ron Clark on 9/13/11. (tkd, ) (Entered: 09/14/2011)
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Legal Document (Payment Possibly Required) 62 Filed: 9/13/2011, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ron Clark: Status Conference held on 9/13/2011. (Court Reporter Chris Bickham.) (fal, ) (Entered: 09/13/2011)
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Legal Document (Payment Possibly Required) 61 Filed: 9/12/2011, Entered: None
Proposed Pretrial Order by United States of America. (Attachments: # 1 United States' Witness List, # 2 James Smith's Witness List, # 3 Capt. Brown's Witness List, # 4 United States' Exhibit List, # 5 James Smith's Exhibit List, # 6 Capt. Brown's Exhibit List)(Myer, Peter) (Entered: 09/12/2011)
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Legal Document (Payment Possibly Required) 60 Filed: 9/12/2011, Entered: None
FILED IN ERROR. Please ignore. MOTION for Leave to Appear as Co-counsel by United States of America. (Attachments: # 1 Text of Proposed Order)(Myer, Peter) Modified on 9/12/2011 (tkd, ). (Entered: 09/12/2011)
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Legal Document (Payment Possibly Required) 59 Filed: 8/30/2011, Entered: None
CERTIFICATE of Confirmation as to SS Captain H.A. Downing. (tkd, ) (Entered: 08/30/2011)
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Blank 58 Filed: 8/30/2011, Entered: None Court Filing
ORDER Confirming Sale and for Release of Vessel granting 57 Motion for confirmation of sale. Signed by Judge Ron Clark on 8/30/11. (tkd, ) (Entered: 08/30/2011)
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Legal Document (Payment Possibly Required) 57 Filed: 8/26/2011, Entered: None
MOTION for Order Confirming Sale re 53 Order by United States of America. (Attachments: # 1 Text of Proposed Order)(Myer, Peter) Modified on 8/29/2011 (tkd, ). (Entered: 08/26/2011)
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Legal Document (Payment Possibly Required) 56 Filed: 8/25/2011, Entered: None
US Marshal Return of Service of Order of Sale executed as to SS Captain H.A. Downing. Deft vessel was sold at auction on 8/15/11 (tkd, ) (Entered: 08/26/2011)
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Legal Document (Payment Possibly Required) 55 Filed: 8/23/2011, Entered: None Court Filing
ORDER denying 40 Motion to sever and expedite trial on deft's claim for maintenance and cure. Signed by Judge Ron Clark on 8/23/11. (tkd, ) (Entered: 08/23/2011)
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Legal Document (Payment Possibly Required) 54 Filed: 8/22/2011, Entered: None Court Filing
ORDER directing the parties to submit an estimate of time needed to present testimony in this case. Estimates should be delivered directly to chambers by 9/2/11 at 4:00 pm. Signed by Judge Ron Clark on 8/22/11. (tkd, ) (Entered: 08/23/2011)
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Legal Document (Payment Possibly Required) 53 Filed: 7/28/2011, Entered: None Court Filing
AMENDED ORDER* of Interlocutory Sale of deft vessel SS Captain H.A. Downing. *This order amends 51 Order to correct the sale date to 8/9/11 at 10:00 am. Signed by Judge Ron Clark on 7/27/11. (tkd, ) (Entered: 07/28/2011)
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Legal Document (Payment Possibly Required) 52 Filed: 7/28/2011, Entered: None Court Filing
AMENDED MEMORANDUM ORDER* for Sale of Vessel by granting in part 49 Joint Motion for interlocutory sale. Ordered that 35 Scheduling Order is modified as noted herein. Finally ordered that 36 Motion for interlocutory sale of vessel pursuant to Supplemental Admiralty Rule E(9) is denied as moot. *This order amends 50 Memorandum Order to correct the date of sale to 8/9/11 at 10:00 am. Signed by Judge Ron Clark on 7/27/11. (tkd, ) (Entered: 07/28/2011)
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Legal Document (Payment Possibly Required) 51 Filed: 7/27/2011, Entered: None Court Filing
ORDER of Interlocutory Sale of deft vessel SS Captain H.A. Downing. Signed by Judge Ron Clark on 7/27/11. (tkd, ) (Entered: 07/27/2011)
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Legal Document (Payment Possibly Required) 50 Filed: 7/27/2011, Entered: None Court Filing
MEMORANDUM ORDER for Sale of Vessel by granting in part 49 Joint Motion for interlocutory sale. Ordered that 35 Scheduling Order is modified as noted herein. Finally ordered that 36 Motion for interlocutory sale of vessel pursuant to Supplemental Admiralty Rule E(9) is denied as moot. Signed by Judge Ron Clark on 7/27/11. (tkd, ) (Entered: 07/27/2011)
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Legal Document (Payment Possibly Required) 49 Filed: 6/21/2011, Entered: None
Joint MOTION for Order of Sale of Vessel by James A Smith. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Bull, Edward) (Entered: 06/21/2011)
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Legal Document (Payment Possibly Required) 48 Filed: 4/7/2011, Entered: None
REPLY to Response to 39 Motion for Summary Judgment and RESPONSE to 44 Counter-Motion for Partial Summary Judgment filed by Timothy A. Brown. (Colomb, Michael) Modified on 4/8/2011 (tkd, ). (Entered: 04/07/2011)
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Legal Document (Payment Possibly Required) 47 Filed: 4/4/2011, Entered: None
REPLY to Response to Motion re 40 MOTION to Sever Trial of Pending Claims for Maintenance and Cure filed by James A Smith. (Attachments: # 1 Affidavit Of David Wren Jr., M.D.)(Bull, Edward) (Entered: 04/04/2011)
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Legal Document (Payment Possibly Required) 46 Filed: 3/28/2011, Entered: None
FILING ERROR. Please ignore response deadline.Joinder MOTION for Partial Summary Judgment with the United States of America by James A Smith. Responses due by 4/11/2011 (Attachments: # 1 Proposed Order)(Bull, Edward) Modified on 3/29/2011 (tkd, ). (Entered: 03/28/2011)
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Legal Document (Payment Possibly Required) 45 Filed: 3/28/2011, Entered: None
JOINDER in Govt's 43 Opposition to 39 MOTION for Summary Judgment filed by James A Smith. (Bull, Edward) Modified on 3/29/2011 (tkd, ). (Entered: 03/28/2011)
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Legal Document (Payment Possibly Required) 44 Filed: 3/28/2011, Entered: None
Please ignore response deadline. MOTION for Partial Summary Judgment by United States of America. Responses due by 4/11/2011 (Attachments: # 1 Text of Proposed Order)(Myer, Peter) Two-part document; see also #42 Response to Motion. Modified on 3/28/2011 (tkd, ). (Entered: 03/28/2011)
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Legal Document (Payment Possibly Required) 43 Filed: 3/25/2011, Entered: None
RESPONSE in Opposition re 40 MOTION to Sever Trial of Pending Claims for Maintenance and Cure filed by United States of America. (Myer, Peter) (Entered: 03/25/2011)
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Legal Document (Payment Possibly Required) 42 Filed: 3/25/2011, Entered: None
RESPONSE in Opposition re 39 MOTION for Summary Judgment filed by United States of America. (Attachments: # 1 Text of Proposed Order)(Myer, Peter) Two-part document; see also #44 Motion for partial summary judgment. Modified on 3/28/2011 (tkd, ). (Entered: 03/25/2011)
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Legal Document (Payment Possibly Required) 41 Filed: 3/14/2011, Entered: None
Certificate of Conference re 40 MOTION to Sever Trial of Pending Claims for Maintenance and Cure by James A Smith. (Bull, Edward) Modified on 3/15/2011 (tkd, ). (Entered: 03/14/2011)
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Legal Document (Payment Possibly Required) 40 Filed: 3/11/2011, Entered: None
MOTION to Sever Trial of Pending Claims for Maintenance and Cure by James A Smith. (Attachments: # 1 Exhibit Memorandum of Law, # 2 Affidavit Declaraton of Edward M. Bull III, # 3 Exhibits to Edward M. Bull's Declaration, # 4 Affidavit Declaration of James A. Smith, # 5 Text of Proposed Order)(Bull, Edward) Modified on 3/14/2011 (bjc, ). (Entered: 03/11/2011)
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Legal Document (Payment Possibly Required) 39 Filed: 3/11/2011, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment by Timothy A. Brown. (Attachments: # 1 Exhibit Declaration of Patrick McCullough, # 2 Exhibit Declaration of Kenneth Ryan, # 3 Exhibit Declaration of Capt. Thomas Mignano, # 4 Exhibit Declaration of Christopher Hilley, # 5 Statement of Undisputed Material Facts, # 6 Statement of Issues, # 7 Text of Proposed Order)(Colomb, Michael) (Entered: 03/11/2011)
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Legal Document (Payment Possibly Required) 38 Filed: 2/25/2011, Entered: None
REPLY to Response to Motion re 36 MOTION for Interlocutory Sale of Vessel filed by United States of America. (Myer, Peter) (Entered: 02/25/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 2/18/2011, Entered: None
RESPONSE to Motion re 36 MOTION for Interlocutory Sale of Vessel filed by James A Smith. (Bull, Edward) (Additional attachment(s) added on 2/22/2011: # 1 Proposed Order) (tkd, ). (Entered: 02/18/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 2/2/2011, Entered: None
MOTION for Interlocutory Sale of Vessel by United States of America. (Attachments: # 1 Memorandum in Support, # 2 Publisher's Affidavit (Notice of Arrest), # 3 Notice of Arrest (as published), # 4 Writ of Venditioni Exponas, # 5 Proposed Notice of Sale, # 6 Text of Proposed Order)(Myer, Peter) (Entered: 02/02/2011)
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Legal Document (Payment Possibly Required) 35 Filed: 1/12/2011, Entered: None Court Filing
SCHEDULING ORDER. Deadline to add parties is 1/14/11. Pltf may amend pleadings by 1/28/11. Proposed pretrial order due 9/12/11. Proposed findings of fact due 9/19/11. Final Pretrial Conference set for 10/3/2011 at 9:00 AM. Bench Trial set for 10/4/2011 at 9:00 AM. Signed by Judge Ron Clark on 1/12/11. (tkd, ) (Entered: 01/12/2011)
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Legal Document (Payment Possibly Required) 34 Filed: 12/17/2010, Entered: None
REPORT of Rule 26(f) Planning Meeting. (Myer, Peter) (Entered: 12/17/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 12/7/2010, Entered: None Court Filing
ORDER dismissing without prejudice the claims of Wilhelmsen Ships Service Inc for property aboard the SS Captain H.A. Downing. Signed by Judge Ron Clark on 12/7/10. (tkd, ) (Entered: 12/07/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 12/3/2010, Entered: None
Approved APPLICATION to Appear Pro Hac Vice by Attorney Edward M Bull, III for James A Smith (Fee Paid). (tkd, ) (Entered: 12/06/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 11/29/2010, Entered: None
NOTICE of Voluntary Dismissal by Wilhelmsen Ships Service, Inc. (Walters, Kevin) (Entered: 11/29/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 11/17/2010, Entered: None
WARRANT of arrest of SS Captain H.A Downing issued and handed to USM for service. (bjc, ) (Entered: 11/17/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 11/16/2010, Entered: None Court Filing
ORDER granting 27 Motion for Issuance of Warrant in rem as to SS Captain H.A. Downing O.N. 1046031. Signed by Judge Ron Clark on 11/16/2010. (bjc, ) (Entered: 11/17/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 11/12/2010, Entered: None
WARRANT returned executed by US Marshal on 10/19/10 as to SS Captain HA Downing re #23 Warrant (tkd, ) (Entered: 11/15/2010)
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Legal Document (Payment Possibly Required) 27 Filed: 11/12/2010, Entered: None
MOTION for Issuance of Warrant in rem by James A Smith. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Adams, Gilbert) (Entered: 11/12/2010)
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Legal Document (Payment Possibly Required) 26 Filed: 11/1/2010, Entered: None
FILED IN ERROR. Please ignore. MOTION for Issuance of Warrant in rem by James A Smith. (Attachments: # 1 Proposed Warrant, # 2 Proposed Order)(Adams, Gilbert) Modified on 11/2/2010 (tkd, ). (Entered: 11/01/2010)
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Legal Document (Payment Possibly Required) 25 Filed: 10/28/2010, Entered: None
WARRANT of Arrest of Vessel returned executed by US Marshal on 9/30/10 as to SS Captain H.A. Downing. (tkd, ) (Entered: 10/29/2010)
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Legal Document (Payment Possibly Required) 24 Filed: 10/22/2010, Entered: None Court Filing
ORDER GOVERNING PROCEEDINGS. Rule 26(f) attorney conference must occur by 11/12/10. Rule 16 Management/Scheduling Conference set for 1/7/2011 at 9:30 AM in Ctrm 2 (Beaumont) before Judge Ron Clark. Signed by Judge Ron Clark on 10/22/10. (tkd, ) (Entered: 10/25/2010)
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Legal Document (Payment Possibly Required) 23 Filed: 10/13/2010, Entered: None
WARRANT of Arrest of SS Captain H.S. Downing issued and handed to US Marshal for service (tkd, ) (Entered: 10/13/2010)
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Legal Document (Payment Possibly Required) 22 Filed: 10/13/2010, Entered: None Court Filing
ORDER granting Timothy Brown's 21 Motion for Issuance of Warrant in rem as to SS Captain H.A. Downing. Signed by Judge Ron Clark on 10/13/10. (tkd, ) (Entered: 10/13/2010)
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Legal Document (Payment Possibly Required) 21 Filed: 10/12/2010, Entered: None
MOTION for Issuance of Warrant in rem to arrest the SS Captain H. A. Downing by Timothy A. Brown. (Colomb, Michael) (Entered: 10/12/2010)
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Legal Document (Payment Possibly Required) 20 Filed: 10/12/2010, Entered: None
Additional Attachments to Main Document: 19 Intervenor Complaint.. (Attachments: # 1 Affidavit)(Colomb, Michael) (Entered: 10/12/2010)
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Legal Document (Payment Possibly Required) 19 Filed: 10/12/2010, Entered: None
Intervenor COMPLAINT For Crew Wages and Benefits and Arrest of Vessel and/or Claim of Lien against the SS Captain H.A. Downing, filed by Timothy A. Brown. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B)(Colomb, Michael) Modified on 10/14/2010 (tkd, ). (Entered: 10/12/2010)
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Legal Document (Payment Possibly Required) 18 Filed: 9/29/2010, Entered: None Court Filing
ORDER granting 15 Motion for appointment of Maritime Administration as substitute custodian. Signed by Judge Ron Clark on 9/29/10. (tkd, ) (Entered: 09/29/2010)
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Legal Document (Payment Possibly Required) 17 Filed: 9/29/2010, Entered: None
WARRANT of Arrest of Vessel issued and given to US Marshal for service. (tkd, ) (Entered: 09/29/2010)
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Legal Document (Payment Possibly Required) 16 Filed: 9/29/2010, Entered: None Court Filing
ORDER granting 13 and 14 Motions for issuance of warrant of maritime arrest of defendant vessel. Signed by Judge Ron Clark on 9/29/10. (tkd, ) (Entered: 09/29/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 9/28/2010, Entered: None
MOTION to Appoint Custodian by United States of America. (Attachments: # 1 Declaration of John Hickey, # 2 Declaration of Otto Strasburg, # 3 Text of Proposed Order)(Myer, Peter) (Entered: 09/28/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 9/28/2010, Entered: None
MOTION for Warrant of Arrest of Vessel by United States of America. (Attachments: # 1 Declaration in Support, # 2 Text of Proposed Order, # 3 Proposed Warrant of Arrest, # 4 Proposed Notice of Arrest)(Myer, Peter) (Entered: 09/28/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 9/28/2010, Entered: None
MOTION for Arrest of Vessel by United States of America. (Attachments: # 1 Declaration in Support, # 2 Text of Proposed Order)(Myer, Peter) (Entered: 09/28/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 9/10/2010, Entered: None
NOTICE of Withdrawal of 7 Motion for Order Authorizing the Removal of Gas Cylinders from Aboard the SS CAPTAIN H.A. DOWNING by Wilhelmsen Ships Service, Inc. (Walters, Kevin) Modified on 9/13/2010 (tkd, ). (Entered: 09/10/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 9/3/2010, Entered: None Court Filing
ORDER LIFTING STAY. The stay entered 6/21/10 is lifted to the extent outlined in the Bankruptcy Court's order. Signed by Judge Ron Clark on 9/3/10. (tkd, ) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 9/3/2010, Entered: None
NOTICE by United States of America of Modification of Bankruptcy Stay (Attachments: # 1 Exhibit)(Myer, Peter) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 6/21/2010, Entered: None Court Filing
ORDER STAYING CASE PURSUANT TO BANKRUPTCY. It is ordered that the parties shall file a notice every 120 days informing the court of the status of the bankruptcy proceedings. Signed by Judge Ron Clark on 6/21/10. (mrp, ) (Entered: 06/21/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 6/18/2010, Entered: None
NOTICE by AHL Shipping Company of AUTOMATIC STAY (Liantonio, Francis) (Entered: 06/18/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 6/11/2010, Entered: None
Opposed MOTION for Order Authorizing the Removal of Gas Cylinders from Aboard the SS CAPTAIN H.A. DOWNING by Wilhelmsen Ships Service, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Walters, Kevin) (Additional attachment added on 6/11/2010: # 4 Proposed Order) (tkd, ). Modified on 6/11/2010 (tkd, ). (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 6/10/2010, Entered: None
CLAIM For Property by Wilhelmsen Ships Service, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Walters, Kevin) Modified on 6/11/2010 (tkd, ). (Entered: 06/10/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 6/10/2010, Entered: None
FILED IN ERROR. Please ignore. MOTION Removal of Gas Cylinders from Aboard the SS CAPTAIN H.A. DOWNING by Wilhelmsen Ships Service, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Walters, Kevin) Modified on 6/11/2010 (tkd, ). (Entered: 06/10/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 5/20/2010, Entered: None
Intervenor COMPLAINT, filed by James A Smith.(Adams, Gilbert) (Entered: 05/20/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 5/20/2010, Entered: None
FILED IN ERROR. Please ignore. MOTION to Intervene by James A Smith. (Attachments: # 1 Exhibit Declaration of Edward Bull in Support of Motion to Intervene, # 2 Exhibit Warrant for Arrest of SS Captain H.A. Downing, Official No. 1046031)(Adams, Gilbert) Modified on 5/21/2010 (tkd, ). (Entered: 05/20/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 4/28/2010, Entered: None
Magistrate Consent Form sent electronically to pla's atty Peter Myer (aam, ) (Entered: 04/28/2010)
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Legal Document (Payment Possibly Required) 1 Filed: 4/28/2010, Entered: None
COMPLAINT against AHL Shipping Company, SS CAPT H.A. DOWNING, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, part 1, # 3 Exhibit A, part 2, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, part 1, # 9 Exhibit F, part 2, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S)(Myer, Peter) (Entered: 04/28/2010)
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