Name: McAllister Towing, et al v. :: Virginia Eastern District Court :: Federal Civil Lawsuit No. 2:00-cv-00036-HCM
Creator: Virginia Eastern District Court
Published: 2000-01-18
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Virginia Eastern District Court

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39	Filed: 11/7/2005, Entered: 11/7/2005	Order
	AGREED ORDER cancelling the stipulation for costs and ad interim stipulation; directing the clerk to refund the sum of $1,000.00 posted as security for costs by McAllister Towing of Virginia, Inc. in the form of a check made payable to David N. Ventker, Esq.. Signed by Judge Henry C. Morgan Jr. on 11/2/05 and filed 11/7/05. Copies mailed: 11/7/05 (jcow, )


--	Filed: 3/25/2005, Entered: 3/25/2005	Utility - Miscellaneous
	Case filed returned to Federal Records Center (ptho)


--	Filed: 2/4/2005, Entered: 2/4/2005	Utility - Miscellaneous
	Case file retrieved from Federal Records Center (ptho)


--	Filed: 9/1/2004, Entered: 2/7/2005	Miscellaneous Document
	Case filed archived in Federal Records Center (ptho)


38	Filed: 10/19/2000, Entered: 10/19/2000	Order
	ORDER Dismissing this case Agreed with Prejudice , jurisdiction in the matter is retained solely for the purpose of enforcing the settlement agreement resulting in the dismissal, entered 10/18/00 and filed 10/19/00 ( signed by Judge Henry C. Morgan Jr. ), o.b., Copies Mailed: 10/19/00 [EOD Date: 10/19/00] (jcow)


--	Filed: 10/19/2000, Entered: 10/19/2000	Disposable Record
	Disposable Record (jcow)


--	Filed: 10/19/2000, Entered: 10/19/2000	Case Assigned/Reassigned
	CASE assigned to Judge Henry C. Morgan Jr. (jcow)


--	Filed: 10/19/2000, Entered: 10/19/2000	Terminated Case
	Case closed (jcow)


37	Filed: 9/21/2000, Entered: 9/21/2000	Order
	AGREED ORDER granting [36-1] motion by McAllister Towing to be permitted to take up to 15 non-party, non-expert depositions in this matter, entered and filed 9/21/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 9/21/00 [EOD Date: 9/21/00] (jcow)


36	Filed: 9/20/2000, Entered: 9/20/2000, Terminated: 9/21/2000	Motion for Miscellaneous Relief
	MOTION with Memorandum in Support by McAllister Towing to increase the number of non-party, non-expert depositions (jcow)


35	Filed: 9/14/2000, Entered: 9/14/2000	Reply to Response to Motion
	REPLY to response to [31-1] motion for Partial Summary Judgment on the issue of liability by McAllister Towing, received (jcow)


34	Filed: 9/11/2000, Entered: 9/12/2000	Pretrial Order
	Protective Order setting forth terms and procedures for the production and inspection of confidential documents (see order for specifics), AGREED, entered and filed 9/11/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed 9/12/00 (jcow)


33	Filed: 9/11/2000, Entered: 9/12/2000	Memorandum in Opposition
	MEMORANDUM by Metro Machine Corp. in opposition to [31-1] motion for Partial Summary Judgment on the issue of liability by McAllister Towing, received (jcow)


--	Filed: 9/8/2000, Entered: 9/11/2000	Motion Hearing
	Motion hearing re: [31-1] motion by McAllister Towing for Partial Summary Judgment on the issue of liability set at 12:00 10/3/00, [28-1] motion by Metro Machine Corp. for Partial Summary Judgment set at 12:00 10/3/00 (jcow)


32	Filed: 8/31/2000, Entered: 9/1/2000	Affidavit
	AFFIDAVIT of Charles L. Roughton Re: [32-1] support memorandum by McAllister Towing (jcow)


32	Filed: 8/31/2000, Entered: 9/1/2000	Affidavit
	AFFIDAVIT of Oswald Bonner Smithwick Re: [32-1] support memorandum by McAllister Towing (jcow)


32	Filed: 8/31/2000, Entered: 9/1/2000	Affidavit
	AFFIDAVIT of Maceo Daniels Re: [32-1] support memorandum by McAllister Towing (jcow)


32	Filed: 8/31/2000, Entered: 9/1/2000	Affidavit
	AFFIDAVIT of Major F. L. Harper Re: [32-1] support memorandum by McAllister Towing (jcow)


32	Filed: 8/31/2000, Entered: 9/1/2000	Memorandum in Support
	MEMORANDUM in support of [31-1] motion for Partial Summary Judgment on the issue of liability by McAllister Towing, received (jcow)


31	Filed: 8/31/2000, Entered: 9/1/2000	Motion for Summary Judgment
	MOTION by McAllister Towing for Partial Summary Judgment on the issue of liability (jcow)


30	Filed: 8/25/2000, Entered: 8/28/2000	Reply to Response to Motion
	REPLY to response to [28-1] motion for Partial Summary Judgment by Metro Machine Corp., received (jcow)


29	Filed: 8/22/2000, Entered: 8/22/2000	Memorandum in Opposition
	MEMORANDUM by McAllister Towing in opposition to [28-1] motion for Partial Summary Judgment by Metro Machine Corp., received (jcow)


28	Filed: 8/9/2000, Entered: 8/9/2000, Terminated: 10/19/2000	Motion for Summary Judgment
	MOTION with Memorandum in Support by Metro Machine Corp. for Partial Summary Judgment (jcow)


27	Filed: 7/11/2000, Entered: 7/11/2000	Order
	ORDER granting in part, denying in part [21-1] motion by Metro Machine Corp. for Partial Summary Judgment, denying [16-1] motion by McAllister Towing to Dismiss the claim of Metro Machine Corp, entered and filed 7/11/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 7/11/00 [EOD Date: 7/11/00] (jcow)


26	Filed: 6/20/2000, Entered: 6/20/2000	Minutes-Miscellaneous
	Minute entry: COURT PROCEEDINGS: HCM, Jr., USDJ; Diane Gray, OCR; app. by David Ventker & Paul McGowan on behalf of ptf. & Carter Gunn on behalf of Metro Machine. Came on for hrg. on motion by McAllister Towing to dismiss the claim of Metro Machine, or by McAllister Towing for judgment on the pleadings (#16) & motion by Metro Machine for partial summary judgment (#21); argued. Comments of court heard. Court takes motions under advisement and kept file. (danc)


--	Filed: 6/20/2000, Entered: 6/20/2000	Motion Hearing
	Motion hearing held re: [21-1] motion by Metro Machine Corp. for Partial Summary Judgment by Metro Machine Corp., [16-1] motion by McAllister Towing to Dismiss the claim of Metro Machine Corp by McAllister Towing, [16-2] motion by McAllister Towing for Judgment on the Pleadings by McAllister Towing (danc)


25	Filed: 6/5/2000, Entered: 6/7/2000	Reply to Response to Motion
	REPLY to response to [21-1] motion for Partial Summary Judgment by Metro Machine Corp., received (jcow)


24	Filed: 6/2/2000, Entered: 6/5/2000	Order
	Order on Initial Pretrial Conference setting Trial date 10:00 11/28/00 and Final Pretrial conference for 9:30 11/3/00; proposed findings of fact and conclusions of law due by 11/20/00; all de bene esse depositions to be concluded by 10/13/00; plaintiff to complete discovery by 8/29/00 and defendant by 9/29/00; deadlines established for disclosure of expert testimony; all pleadings to be filed in Norfolk Division; Claimant Metro Machine Corp shall file any third-party complaint on or before 6/12/00; a hearing is scheduled on the motion to dismiss and motion for partial summary judgment on 6/20/00; entered 5/30/00 and filed 6/2/00 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 6/2/00 (jcow)


--	Filed: 6/2/2000, Entered: 6/5/2000	Motion Hearing
	Motion hearing re: [21-1] motion by Metro Machine Corp. for Partial Summary Judgment set at 11:00 6/20/00, [16-1] motion by McAllister Towing to Dismiss the claim of Metro Machine Corp set at 11:00 6/20/00 (jcow)


23	Filed: 5/30/2000, Entered: 5/30/2000	Memorandum in Opposition
	MEMORANDUM by McAllister Towing in opposition to [21-1] motion for Partial Summary Judgment by Metro Machine Corp., received (jcow)


23	Filed: 5/30/2000, Entered: 5/30/2000	Reply to Response to Motion
	REPLY to response to [16-1] motion to Dismiss the claim of Metro Machine Corp by McAllister Towing, received (jcow)


--	Filed: 5/30/2000, Entered: 6/5/2000	Pretrial Conference - Initial
	Initial pretrial conference held (jcow)


22	Filed: 5/23/2000, Entered: 5/23/2000	Order
	AGREED ORDER directing tht McAllister Towing have until 5/30/00 to file its response to Metro's brief in response to McAllister's motion to dismiss and Metro's motion for partial summary judgment and brief which was filed 5/17/00; and Metro shall have until 6/5/00 to file its rebuttal brief entered and filed 5/23/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 5/23/00 [EOD Date: 5/23/00] (jcow) Modified on 05/23/2000


21	Filed: 5/17/2000, Entered: 5/18/2000	Affidavit
	AFFIDAVIT of Charles Garland Re: [21-1] motion for Partial Summary Judgment by Metro Machine Corp. (jcow)


21	Filed: 5/17/2000, Entered: 5/18/2000, Terminated: 7/11/2000	Motion for Summary Judgment
	MOTION with Memorandum in Support by Metro Machine Corp. for Partial Summary Judgment (jcow)


21	Filed: 5/17/2000, Entered: 5/18/2000, Terminated: 7/11/2000	Memorandum in Opposition
	MEMORANDUM by Metro Machine Corp. in opposition to [16-1] motion to Dismiss the claim of Metro Machine Corp by McAllister Towing (jcow)


--	Filed: 5/17/2000, Entered: 5/17/2000	Pretrial Conference - Initial
	Initial pretrial conference set at 2:30 5/30/00 (jcow)


20	Filed: 5/15/2000, Entered: 5/15/2000	Order
	AGREED ORDER that Metro Machine Corporation shall have until 5/17/00 to file its response to McAllister's motion to dismiss, entered 5/12/00 and filed 5/15/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 5/15/00 [EOD Date: 5/15/00] (jcow)


--	Filed: 5/11/2000, Entered: 5/11/2000	Miscellaneous Document
	Referred for Initial Pretrial Conference (jcow)


19	Filed: 5/8/2000, Entered: 5/8/2000	Bond
	Ad Interim Stipulation in the amount of $ 2,600,000.00 with corporate surety, by McAllister Towing (original in bond drawer) (ariv)


18	Filed: 5/8/2000, Entered: 5/8/2000	Affidavit
	AFFIDAVIT of publication by McAllister Towing (ariv)


17	Filed: 5/3/2000, Entered: 5/3/2000	Memorandum in Support
	MEMORANDUM in support of [16-1] motion to Dismiss the claim of Metro Machine Corp by McAllister Towing, received (jcow)


16	Filed: 5/3/2000, Entered: 5/3/2000, Terminated: 7/11/2000	Motion to Dismiss
	MOTION by McAllister Towing to Dismiss the claim of Metro Machine Corp , or by McAllister Towing for Judgment on the Pleadings (jcow)


15	Filed: 4/21/2000, Entered: 4/21/2000	Order
	ORDER Vacating court's prior order filed on 3/7/00 which approved as security the letters of undertaking filed by McAllister; Ordering McAllister to provide security in the amount of $2,600,000.00 plus 6% annual interest within 20 days of the date of this order if McAllister desires to continue this limitation proceeding, the security may be either new letters of undertaking that do not contain any conditional language or a surety bond, entered 4/20/00 and filed 4/21/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 4/21/00 [EOD Date: 4/21/00] (jcow)


14	Filed: 4/19/2000, Entered: 4/19/2000	Minutes-Miscellaneous
	Minute entry: COURT PROCEEDINGS: HCM, Jr., j; Diane Gray, OCR; app. by David N. Ventker on behalf of ptf. & Carter T. Gunn on behalf of claimant. Came on for hrg. on Metro Machine's (claimant) objections of McAllister's security (#3 Motion by McAllister to authorize security); argued. Court's comments read into record. Court ruled that it will set aside its order approving letter of undertaking & require that those letters be amended to eliminate any qualifying language or that we simply receive adequate corporate security that is acceptable to the court in such amount to cover the $2.6 million plus 6% interest. Court to prepare order & kept file. (danc)


--	Filed: 4/19/2000, Entered: 4/19/2000	Motion Hearing
	Motion hearing held re: [3-1] motion by McAllister Towing to authorize security by McAllister Towing (danc)


13	Filed: 4/10/2000, Entered: 4/10/2000, Terminated: 10/19/2000	Answer
	ANSWER to Complaint by Metro Machine Corp. (jcow)


13	Filed: 4/10/2000, Entered: 4/10/2000	Claim
	CLAIM (Admiralty) by Metro Machine Corp. (jcow)


12	Filed: 4/6/2000, Entered: 4/6/2000	Notice of Hearing.
	NOTICE of Hearing: on 4/19/00 at 9:30 on objections to McAllister's security (jcow)


--	Filed: 4/5/2000, Entered: 4/5/2000	Motion Hearing
	Motion hearing re: [3-1] objections to motion by McAllister Towing to authorize security set at 9:30 4/19/00 (jcow) Modified on 04/06/2000


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11	Filed: 4/3/2000, Entered: 4/3/2000	Miscellaneous Document
	Reply by Metro Machine Corp. to [8-1] response reply by McAllister Towing (jcow)


10	Filed: 3/30/2000, Entered: 3/30/2000	Notice
	NOTICE of complaint in admiralty for exoneration from or limitation of liability, directing all persons having claims to file them as provided in Supplemental RFCivP for Certain Admiralty and Maritime Claims Rule F with the clerk of this court by 5/10/00, entered by the clerk and filed 3/30/00 (jcow)


9	Filed: 3/30/2000, Entered: 3/30/2000	Order
	ORDER directing all interested persons claiming damages in this matter to file respective claims with the clerk of the court by 5/10/00, ordering that notice be published in the Virginian-Pilot once per week for 4 successive weeks before the return day of this order and that petitioner shall mail a copy of notice to every person known to have made any claim against McAllister Towing of Virginia as owner of tugboats BRENT MCALLISTER and GREGG MCALLISTER, and further Ordering that the commencement or prosecurition of any actions against petitioner or the two tugboats is restrained and that any and all such other actions are hereby stayed and restrained until the hearing and determination of this proceeding, entered 3/29/00 and filed 3/30/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 3/30/00 [EOD Date: 3/30/00] (jcow)


--	Filed: 3/30/2000, Entered: 3/30/2000	Filing Fee Received
	Receipt # 25013 for copy fee paid on 3/29/00 (jcow)


8	Filed: 3/29/2000, Entered: 3/30/2000	Reply to Response to Motion
	REPLY to response to [3-1] motion to authorize security by McAllister Towing, received (jcow)


--	Filed: 3/21/2000, Entered: 3/21/2000	Filing Fee Received
	Receipt # 24947 for copy fee and certification fee paid on 3/21/00 (jcow)


7	Filed: 3/20/2000, Entered: 3/21/2000	Bond
	Four (4) Letters of Undertaking as ad interim stipulation in the amount of $ 2,600,000 submitted by McAllister Towing, originals in bond drawer (jcow)


6	Filed: 3/17/2000, Entered: 3/20/2000	Objection
	OBJECTION by claimant Metro Machine Corp. to [3-1] motion to authorize security by McAllister Towing (jcow)


5	Filed: 3/7/2000, Entered: 3/7/2000	Order
	ORDER directing petitioner file with this court, Letters of Undertaking in the amount of the value of petitioner's vessels, inclusive of interest and costs not previously stipulated to by petitioner, entered and filed 3/7/00 ( signed by Judge Henry C. Morgan Jr. ) Copies Mailed: 3/7/00 [EOD Date: 3/7/00] (jcow)


4	Filed: 3/6/2000, Entered: 3/6/2000	Memorandum in Support
	MEMORANDUM in support of [3-1] motion to authorize security by McAllister Towing, received (jcow)


3	Filed: 3/6/2000, Entered: 3/6/2000, Terminated: 10/19/2000	Motion for Miscellaneous Relief
	MOTION by McAllister Towing to authorize security (jcow)


--	Filed: 1/19/2000, Entered: 1/19/2000	Filing Fee Received
	Receipt # 24085 for stipulation of costs bond paid on 1/18/00 (jcow)


2	Filed: 1/18/2000, Entered: 1/18/2000	Bond
	Stipulation for Costs Bond, $ 1,000.00 entered by McAllister Towing (jcow)


1	Filed: 1/18/2000, Entered: 1/18/2000	Complaint
	COMPLAINT, Filing Fee $ 150.00 Receipt # 24071 (jcow)

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