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 245 |
Filed: 4/2/2015, Entered: None |
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INTERNET CITATION NOTE: Material from decision with Internet citation re: 228 Memorandum & Opinion. (vf) (Entered: 04/02/2015)
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| 244 |
Filed: 3/16/2015, Entered: None |
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MANDATE of USCA (Certified Copy) as to 74 Notice of Appeal, filed by Ecuadorian Line, Inc., 230 Notice of Interlocutory Appeal, filed by Truisfruit S.A., 156 Notice of Interlocutory Appeal, filed by Truisfruit S.A. USCA Case Number 14-1260(L); 14-2597(con)....that the appeal is hereby WITHDRAWN pursuant to Rule 42 of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/16/2015. (nd) (Entered: 03/16/2015)
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| 243 |
Filed: 3/11/2015, Entered: None |
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STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the attorneys of record for the respective parties hereto, that the above-entitled action be and the same hereby is settled and discontinued with prejudice and without costs to either party as against the other. (Signed by Judge Lewis A. Kaplan on 3/11/2015) (mro) (Entered: 03/11/2015)
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| 242 |
Filed: 3/10/2015, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Daniel Bruce Goldman on behalf of Carlos Aguirre, Edward Hickey, Alvaro Fernando Noboa Ponton, South Pacific Shipping Co. Ltd.. New Address: Kramer Levin Naftalis & Frankel LLP, 1177 Avenue of the Americas, New York, NY, USA 10036, 212-715-9100. (Goldman, Daniel) (Entered: 03/10/2015)
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| 241 |
Filed: 3/5/2015, Entered: None |
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MEMORANDUM OPINION. For the foregoing reasons, the objections of defendant Alvaro Fernando Noboa Ponton [DI 238] to Magistrate Judge Andrew J. Peck's order of August 8, 2014 are overruled. Treating the objections as a motion for reconsideration of this Court's memorandum opinion of July 15, 2014, the motion is granted to the extent that the Court has reconsidered its decision. Nonetheless, the Court adheres to its original result. The Court again holds that the service of process was sufficient. (Signed by Judge Lewis A. Kaplan on 3/5/2015) (lmb) (Entered: 03/05/2015)
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Request |
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| 240 |
Filed: 3/2/2015, Entered: None |
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ORDER denying 192 Motion in Limine. Plaintiff now moves in limine "for an order precluding or, in the alternative, limiting the testimony at trial of the defendants' declared witnesses, Carlos Aguirre and/or Edward Hickey, [and] taking judicial notice at trial of the Court's prior findings." DI 192. Its memorandum sets out a list of 32 propositions as to which it seeks such determinations. Apart from somewhat discursive references to the law of the case, res judicata, claim preclusion, collateral estoppel, issue preclusion, and judicial notice, however, there has not been much of an attempt to establish a proper basis for any of the rulings sought as to each of the 32 propositions, most of which in any case relate to Pacific Fruit. It is not self evident, for example, why statements appearing in Magistrate Judge Peck's ruling on plaintiff's motion for a default judgment against defendant Truisfruit somehow should be conclusive as to SOPAC, Hickey and/or Aguirre. While the Court could take judicial notice that Magistrate Judge Peck made those statements, that might-or might not-be a different matter from whether those statements would be admissible in evidence against SOPAC, Aguirre and/or Hickey, let alone conclusive. It may well be that there is a proper basis for determining that some or all of these propositions have been or could be established before trial vis-a-vis SOPAC, Aguirre and/or Hickey. On the basis of the present papers, however, that does not appear with sufficient clarity. Accordingly, the motion in limine is denied. These matters may be raised again in the event the case proceeds to trial. (Signed by Judge Lewis A. Kaplan on 3/2/2015) (mro) (Entered: 03/02/2015)
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Request |
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| 239 |
Filed: 9/5/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 238 Objection (non-motion), . Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 09/05/2014)
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Request |
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| 238 |
Filed: 8/22/2014, Entered: None |
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Objection re: 236 Order on Motion to Dismiss/Lack of Jurisdiction,,,,, 234 MOTION to Dismiss for Lack of Jurisdiction . Under Fed. R. Civ. P. 12(b)(5) for Insufficient Service of Process and Under Fed. R. Civ. P. 12(b)(2) for Lack of Personal Jurisdiction. Document filed by Alvaro Fernando Noboa Ponton. (Walworth, Carla) (Entered: 08/22/2014)
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| 237 |
Filed: 8/22/2014, Entered: None |
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NOTICE of Pursuant to Rule 44.1 of Intent to Raise Issues of Ecuadorean Law re: 236 Order on Motion to Dismiss/Lack of Jurisdiction,,,,, 234 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Alvaro Fernando Noboa Ponton. (Walworth, Carla) (Entered: 08/22/2014)
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| 236 |
Filed: 8/8/2014, Entered: None |
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MEMO ENDORSED ORDER denying 234 Motion to Dismiss for Lack of Jurisdiction. ENDORSEMENT: The motion to dismiss is to DENIED. As Noboa's brief acknowledges, Judge Kaplan "has already ordered service in this manner." (Docket No. 235: Noboa Br. At 3.) As a Magistrate Judge, I cannot reverse what Judge Kaplan has already done, even if I were inclined to do so (which I am not). The parade of horribles that Noboa claims that Judge Kaplan's prior decision will lead to, that is, that service on an attorney who appears to challenge service would result in an automatic waiver of objection to service, is overstated, to say the least. Judge Kaplan specifically allowed service on Noboa's counsel pursuant to Federal Rule of Civil Procedure 4(f) because of plaintiff's difficulty in serving Noboa, who clearly was fully aware of this and the related litigations against companies he controls and which have evaded a prior judgment against them in favor of the plaintiff. Without such a 4(f) order, which is not likely to be entered in the more run-of-the-mill case, service on an attorney who appears for the purpose of challenging jurisdiction would not confer jurisdiction. This is not such a run-of-the-mill case, and Judge Kaplan did enter such an order. Noboa's motion is DENIED. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 8/8/2014) (ajs) (Entered: 08/08/2014)
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| 235 |
Filed: 8/7/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 234 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Alvaro Fernando Noboa Ponton. (Walworth, Carla) (Entered: 08/07/2014)
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| 234 |
Filed: 8/7/2014, Entered: None |
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MOTION to Dismiss for Lack of Jurisdiction . Document filed by Alvaro Fernando Noboa Ponton.(Walworth, Carla) (Entered: 08/07/2014)
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Request |
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| 233 |
Filed: 8/7/2014, Entered: None |
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LETTER addressed to Magistrate Judge Andrew J. Peck from Carla R. Walworth dated August 7, 2014 re: Requesting Oral Argument on Motion to Dismiss for Lack of Personal Jurisdiction. Document filed by Alvaro Fernando Noboa Ponton.(Walworth, Carla) (Entered: 08/07/2014)
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| 232 |
Filed: 7/30/2014, Entered: None |
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DECLARATION of Carla Walworth re: 231 Notice (Other) . Document filed by Alvaro Fernando Noboa Ponton. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B, Pt !)(Walworth, Carla) (Entered: 07/30/2014)
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| 231 |
Filed: 7/30/2014, Entered: None |
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NOTICE of Paul Hastings does not and has not consented to accept service of process for Mr. Noboa. Document filed by Alvaro Fernando Noboa Ponton. (Walworth, Carla) (Entered: 07/30/2014)
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Request |
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| 230 |
Filed: 7/22/2014, Entered: None |
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NOTICE OF INTERLOCUTORY APPEAL from 227 Order on Motion to Reopen, Order on Motion for Hearing,,. Document filed by Truisfruit S.A.. Filing fee $ 505.00, receipt number 0208-9914332. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit July 15, 2014 order)(Ohman, John) (Entered: 07/22/2014)
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| 229 |
Filed: 7/18/2014, Entered: None |
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AFFIDAVIT OF SERVICE. Alvaro Fernando Noboa Ponton served on 7/17/2014, answer due 8/7/2014. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 07/18/2014)
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| 228 |
Filed: 7/15/2014, Entered: None |
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MEMORANDUM OPINION 104521 re: 207 MOTION for Leave to File Reply Brief filed by Alvaro Fernando Noboa Ponton. For the foregoing reasons, Noboa's objections to the R&R are sustained to the extent that the Court concludes that service of process on Noboa was insufficient and overruled in all other respects. The motion for a default judgment [DI 157] is denied without prejudice to a new motion in the event NYK Cool serves Noboa and Noboa defaults. Noboa's motion for leave to file a reply brief [DI 207] is granted. Noboas motion to dismiss the amended complaint [DI 171] is granted to the extent that the purported service on Noboa to date is quashed as insufficient, without prejudice to renewed efforts to serve him including by means provided for herein, and denied in all other respects. (Signed by Judge Lewis A. Kaplan on 7/15/2014) (cd) Modified on 7/21/2014 (nt). (Entered: 07/15/2014)
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| 227 |
Filed: 7/15/2014, Entered: None |
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ORDER denying 179 Motion to Reopen; denying 183 Motion for Hearing. In light of the pending appeal and in the interest of judicial economy, the Court declines to entertain the motion. Truisfruit's Rule 60(b) motion [DI 179] and its separately filed motion for a hearing [DI 183] are denied. (Signed by Judge Lewis A. Kaplan on 7/15/2014) (cd) (Entered: 07/15/2014)
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| 226 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on UBS on 4/14/14. Service was accepted by Richard Andrews, Paralegal. I hereby certify and return that on 5/22/14, I received a check from Chase Bank in the amount of $94,319.41 representing funds for case #12 Civ. 5754. JUDGMENT SATISFIED. Eric B. Timberman, Acting United States Marshal. Document filed by NYKCool A.B. (sc) (Entered: 07/08/2014)
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| 225 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Citi Bank, Corporate Litigation for International Operations on 4/14/14. Service was accepted by Donna Smith, Receptionist. I hereby certify and return that I received a check in the amount of $94,319.41 from Citibank, representing funds for case #12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting United States Marshal. Document filed by NYKCool A.B. (sc) (Entered: 07/07/2014)
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| 224 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Wachovia Bank, N.A. on 4/14/14. Service was accepted by Donald Ranghelli, Store Manager. I hereby certify and return that on 5/22/14, I received a check in the amount of $94,319.41 from Chase Bank, representing funds for case # 12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting United States Marshal. Document filed by NYKCool A.B. (sc) (Entered: 07/07/2014)
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| 223 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on The Bank of New York Mellon on 4/11/14. Service was accepted by Jacob Kocholla, Paralegal. I hereby certify and return that on 5/22/14, I received a check in the amount of $94,319.41 representing case # 12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting United States Marshal. Document filed by NYKCool A.B. (sc) (Entered: 07/07/2014)
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| 222 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Credit Suisse on 4/10/14. Service was accepted by Sue Steffen, Legal Asst. I hereby certify and return that on 5/22/14, I received a check in the amount of $94,319.41 representing funds for case # 12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting United States Marshal. Document filed by NYKCool A.B. (sc) (Entered: 07/07/2014)
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| 221 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Bank of China, Legal Processing Unit on 4/10/14. Service was accepted by Shi Deag, Compliance Associate. I hereby certify and return that on 5/22/14, I received a check in the amount of $94,319.41, representing funds for case #12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting United States Marshal. Document filed by NYKCool A.B. (sc) (Entered: 07/07/2014)
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| 220 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on American Express Bank on 4/23/14. Service was accepted by Nora Dindyal. I hereby certify and return that on 5/22/14, I received a check in the amount of $94,319.41 representing funds for case #12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting Unitied States Marshal. Document filed by NYKCool A.B. (sc) (Entered: 07/07/2014)
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| 219 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Hill Rivkins LLP on 4/11/14. Service was accepted by Robert Blum, Managing Clerk. I hereby certify and return that on 5/22/14, I received a check from Chase Bank in the amount of $94,319/41, representing funds for case # 12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting U.S. Marshal. Document filed by NYKCool A.B. (sc) Modified on 7/7/2014 (sc). (Entered: 07/07/2014)
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| 218 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Jgmt served on Cadwalader, Wickersham & Taft, LLP on 4/11/14. Service was accepted by Gregory Tomey, Managing Attorney's Clerk. I hereby certify and return that on 5/22/14, I received a check from Chase Bank in the amount of $94,319.41, representing funds for case #12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting U.S. Marshal. Document filed by NYKCool A.B.. (sc) (Entered: 07/07/2014)
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| 217 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Deutsche Bank on 4/11/14. Service was accepted by Diana Hui, Paralegal. I hereby certify and return that on 5/22/14, I received a check from Chase Bank in the amount of $94,319.41 representing funds for case #12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B. (sc) (Entered: 07/03/2014)
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| 216 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Associated Produce Inc. on 4/10/14. Service was accepted by Dimitri Soyfer, President. I hereby certify and return that on 5/22/14, I received a check from Chase Bank in the amount of $94,319.41 representing funds for case #12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B. (sc) (Entered: 07/03/2014)
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| 215 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution served on HSBC Bank USA, N.A. on 4/11/14. Service was accepted by Riptorn Hall, Customer Service Experience. I hereby certify and return that on 5/22/14, I received a check from Chase Bank in the amount of $94,319.41, representing funds for case # 12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B.. (sc) (Entered: 07/03/2014)
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| 214 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Standard Chartered Bank on 4/14/14. Service was accepted by Max Lerner, Esq. I hereby certify and return that on 5/22/14, I received a check from Chase Bank in the amount of $94,319.41 representing funds for case # 12 Civ. 5754. Judgement Partially Satisfied. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B. (sc) (Entered: 07/03/2014)
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| 213 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on J.P. Morgan Chase on 4/10/14. Service was accepted by Daniel Albino, Relationship Banker. I hereby certify and return that on 5/22/14, I received a check from Chase Bank in the amount of $94,319.41 representing funds for case #12 Civ. 5754. Judgment Partially Satisfied. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B. (sc) (Entered: 07/03/2014)
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| 212 |
Filed: 7/1/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Bank of America on 4/10/14. Service was accepted by Aja Tsombanos, Sales & Service Specialist. I hereby certify and return that on 5/22/14, I received a check from Chase Bank in the amount of $94,319.41, representing funds for case # 12 Civ. 5754. Judgment Partially Satisified. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B.. (sc) (Entered: 07/03/2014)
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| 211 |
Filed: 7/2/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition Objection. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 07/02/2014)
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| 210 |
Filed: 6/20/2014, Entered: None |
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DECLARATION of DRA. Jenny Arteaga re: 209 Objection to Report and Recommendations . Document filed by Alvaro Fernando Noboa Ponton. (Attachments: # 1 Exhibit A)(Walworth, Carla) (Entered: 06/20/2014)
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| 209 |
Filed: 6/20/2014, Entered: None |
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OBJECTION to 199 Report and Recommendations Document filed by Alvaro Fernando Noboa Ponton. (Walworth, Carla) (Entered: 06/20/2014)
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| 208 |
Filed: 6/18/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 207 MOTION for Leave to File Reply Brief . . Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 06/18/2014)
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| 207 |
Filed: 6/17/2014, Entered: None |
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MOTION for Leave to File Reply Brief . Document filed by Alvaro Fernando Noboa Ponton. (Attachments: # 1 Reply Brief)(Walworth, Carla) (Entered: 06/17/2014)
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| 206 |
Filed: 6/12/2014, Entered: None |
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REPLY re: 191 Joinder, 198 Opposition Brief to Notice of Joinder of Garnishee Redi-Fresh to Plaintiff NYKCool AB's Opposition to Truisfruit's Motion to Reopen The Default Judgments. Document filed by Redi Fresh Produce, Inc.. (Power, James) (Entered: 06/12/2014)
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| 205 |
Filed: 6/11/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 192 MOTION in Limine . . Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 06/11/2014)
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Request |
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| 204 |
Filed: 6/10/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition to Objections. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 06/10/2014)
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Request |
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| 203 |
Filed: 12/20/2013, Entered: None |
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INTERNET CITATION NOTE: Material from decision with Internet citation re: 133 Report and Recommendations. (fk) (Entered: 06/10/2014)
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| 202 |
Filed: 12/20/2013, Entered: None |
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INTERNET CITATION NOTE: Material from decision with Internet citation re: 133 Report and Recommendations. (fk) (Entered: 06/10/2014)
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Request |
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| 201 |
Filed: 12/20/2013, Entered: None |
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INTERNET CITATION NOTE: Material from decision with Internet citation re: 133 Report and Recommendations. (fk) (Entered: 06/10/2014)
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Request |
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| 200 |
Filed: 6/6/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 192 MOTION in Limine . Defendants' Memorandum of Law in Opposition to NYKCool's Motion in Limine. Document filed by Carlos Aguirre, Edward Hickey, South Pacific Shipping Co. Ltd.. (Goldman, Daniel) (Entered: 06/06/2014)
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| 199 |
Filed: 6/6/2014, Entered: None |
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REPORT AND RECOMMENDATION re: 157 MOTION for Default Judgment as to ALVARO NOBOA. filed by NYKCool A.B.. For the reasons set forth herein, NYKCool's default judgment motion (Dkt. No. 157) should be GRANTED and judgment should be entered in favor of NYKCool against Noboa in the amount of $6,956,036.17. (Objections to R&R due by 6/23/2014.) (Signed by Magistrate Judge Andrew J. Peck on 6/6/2014) (kgo) Modified on 6/6/2014 (kgo). (Entered: 06/06/2014)
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| 198 |
Filed: 6/5/2014, Entered: None |
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OPPOSITION BRIEF re: 191 Joinder . Document filed by Truisfruit S.A..(Ohman, John) (Entered: 06/05/2014)
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| 197 |
Filed: 6/3/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 179 MOTION to Reopen re: 151 Judgment,,,, . . Document filed by Truisfruit S.A.. (Ohman, John) (Entered: 06/03/2014)
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| 196 |
Filed: 5/30/2014, Entered: None |
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PROPOSED VOIR DIRE QUESTIONS. Document filed by Carlos Aguirre, Edward Hickey, NYKCool A.B., South Pacific Shipping Co. Ltd..(Goldman, Daniel) (Entered: 05/30/2014)
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| 195 |
Filed: 5/30/2014, Entered: None |
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REQUEST TO CHARGE. Document filed by Carlos Aguirre, Edward Hickey, NYKCool A.B., South Pacific Shipping Co. Ltd..(Goldman, Daniel) (Entered: 05/30/2014)
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| 194 |
Filed: 5/30/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 192 MOTION in Limine . . Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 05/30/2014)
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| 193 |
Filed: 5/30/2014, Entered: None |
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DECLARATION in Support re: 192 MOTION in Limine .. Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Wolfson, Garth) (Entered: 05/30/2014)
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| 192 |
Filed: 5/30/2014, Entered: None |
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MOTION in Limine . Document filed by NYKCool A.B..(Wolfson, Garth) (Entered: 05/30/2014)
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| 191 |
Filed: 5/29/2014, Entered: None |
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JOINDER to join re: 188 Memorandum of Law in Opposition to Motion, 190 Declaration in Opposition to Motion,, . Document filed by Redi Fresh Produce, Inc..(Power, James) (Entered: 05/29/2014)
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| 190 |
Filed: 5/28/2014, Entered: None |
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DECLARATION in Opposition re: 183 MOTION for Hearing re: 179 MOTION to Reopen re: 151 Judgment,,,, . ., 179 MOTION to Reopen re: 151 Judgment,,,, .. Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Wolfson, Garth) (Entered: 05/28/2014)
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Request |
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| 189 |
Filed: 5/27/2014, Entered: None |
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Objection re: 178 Order on Motion to Dismiss . Document filed by Alvaro Fernando Noboa Ponton. (Attachments: # 1 Exhibit, # 2 Exhibit)(Walworth, Carla) (Entered: 05/27/2014)
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Request |
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| 188 |
Filed: 5/27/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 183 MOTION for Hearing re: 179 MOTION to Reopen re: 151 Judgment,,,, . ., 179 MOTION to Reopen re: 151 Judgment,,,, . . Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 05/27/2014)
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Request |
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| 187 |
Filed: 5/27/2014, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION in Opposition re: 183 MOTION for Hearing re: 179 MOTION to Reopen re: 151 Judgment,,,, . ., 179 MOTION to Reopen re: 151 Judgment,,,, .. Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Wolfson, Garth) Modified on 5/28/2014 (db). (Entered: 05/27/2014)
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| 186 |
Filed: 5/22/2014, Entered: None |
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JOINT PRETRIAL ORDER: The parties have conferred among themselves and with the Court pursuant to Fed. R. Civ. P. 16, the following statements, directions and agreements are adopted as the Pretrial Order herein. (Signed by Judge Lewis A. Kaplan on 5/22/2014) (ajs) (Additional attachment(s) added on 5/28/2014: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Mohan, Andrew). (Entered: 05/22/2014)
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| 185 |
Filed: 5/16/2014, Entered: None |
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LETTER addressed to Judge Lewis A. Kaplan from Daniel B. Goldman dated 5/16/2014 re: trial availability dates. Document filed by Carlos Aguirre, Edward Hickey, South Pacific Shipping Co. Ltd..(Goldman, Daniel) (Entered: 05/16/2014)
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Request |
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| 184 |
Filed: 5/16/2014, Entered: None |
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MEMO ENDORSEMENT on 170 Letter, filed by Carlos Aguirre, Edward Hickey, South Pacific Shipping Co. Ltd. ENDORSEMENT: Application granted. ( Joint Pretrial Order due by 5/16/2014.) (Signed by Judge Victor Marrero, Part I on 5/16/2014) (cd) (Entered: 05/16/2014)
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Request |
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| 183 |
Filed: 5/13/2014, Entered: None |
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MOTION for Hearing re: 179 MOTION to Reopen re: 151 Judgment,,,, . . Document filed by Truisfruit S.A..(Ohman, John) (Entered: 05/13/2014)
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Request |
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| 182 |
Filed: 5/13/2014, Entered: None |
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CERTIFICATE OF SERVICE of Affidavit with exhibits served on All counsel registered with ECF on 5/13/2014. Document filed by Truisfruit S.A.. (Ohman, John) (Entered: 05/13/2014)
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Request |
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| 181 |
Filed: 5/13/2014, Entered: None |
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CERTIFICATE OF SERVICE of Affidavit with exhibits served on All counsel registered with ECF on 5/13/2014. Document filed by Truisfruit S.A.. (Ohman, John) (Entered: 05/13/2014)
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Request |
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| 180 |
Filed: 5/13/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 179 MOTION to Reopen re: 151 Judgment,,,, . . Document filed by Truisfruit S.A.. (Ohman, John) (Entered: 05/13/2014)
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Request |
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| 179 |
Filed: 5/13/2014, Entered: None |
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MOTION to Reopen re: 151 Judgment,,,, . Document filed by Truisfruit S.A.. (Attachments: # 1 Affidavit Affidavit of Nayvin Castillo, # 2 Exhibit Exhibit to Affidavit of Nayvin Castillo, # 3 Affidavit Expert Affidavit of Professor Alejandro Garro, # 4 Exhibit Exhibit to Expert Affidavit of Professor Alejandro Garro)(Ohman, John) (Entered: 05/13/2014)
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Request |
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| 178 |
Filed: 5/13/2014, Entered: None |
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ORDER denying 171 Motion to Dismiss. It really is time for defendants' shell game to stop. Noboa's motion to dismiss (Dkt. No. 171) is DENIED. (Signed by Magistrate Judge Andrew J. Peck on 5/13/2014) (ajs) (Entered: 05/13/2014)
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Request |
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| 177 |
Filed: 5/12/2014, Entered: None |
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MEMO ENDORSEMENT on re: 175 Letter, filed by Alvaro Fernando Noboa Ponton. 30 Min. extension granted nunc pro tunc to 5/9/14. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 5/12/2014) (ajs) (Entered: 05/12/2014)
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Request |
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| 176 |
Filed: 5/12/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 171 MOTION to Dismiss the Amended Complaint. "Corrected". Document filed by Alvaro Fernando Noboa Ponton. (Walworth, Carla) (Entered: 05/12/2014)
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Request |
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| 175 |
Filed: 5/12/2014, Entered: None |
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LETTER addressed to Magistrate Judge Andrew J. Peck from Carla R. Walworth dated 05/12/2014 re: Corrected Memorandum of Law and courtesy copies of defendant, Alvaro Noboa's Motion to Dismiss. Document filed by Alvaro Fernando Noboa Ponton.(Walworth, Carla) (Entered: 05/12/2014)
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Request |
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| 174 |
Filed: 5/10/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 171 MOTION to Dismiss the Amended Complaint. . Document filed by Alvaro Fernando Noboa Ponton. (Walworth, Carla) (Entered: 05/10/2014)
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Request |
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| 173 |
Filed: 5/10/2014, Entered: None |
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AFFIDAVIT of Alejandro Miguel Garro in Support re: 171 MOTION to Dismiss the Amended Complaint.. Document filed by Alvaro Fernando Noboa Ponton. (Attachments: # 1 Exhibit)(Walworth, Carla) (Entered: 05/10/2014)
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Request |
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| 172 |
Filed: 5/10/2014, Entered: None |
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AFFIDAVIT of Nayvin Castillio in Support re: 171 MOTION to Dismiss the Amended Complaint.. Document filed by Alvaro Fernando Noboa Ponton. (Attachments: # 1 Exhibit)(Walworth, Carla) (Entered: 05/10/2014)
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Request |
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| 171 |
Filed: 5/10/2014, Entered: None |
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MOTION to Dismiss the Amended Complaint. Document filed by Alvaro Fernando Noboa Ponton. (Attachments: # 1 Exhibit Request for Hearing on the Motion)(Walworth, Carla) (Entered: 05/10/2014)
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Request |
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| 170 |
Filed: 5/9/2014, Entered: None |
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LETTER addressed to Judge Lewis A. Kaplan from Daniel B. Goldman dated May 9, 2014 re: request for an additional two weeks to complete requisite pre-trial filings. Document filed by Carlos Aguirre, Edward Hickey, South Pacific Shipping Co. Ltd..(Goldman, Daniel) (Entered: 05/09/2014)
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Request |
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| 169 |
Filed: 5/8/2014, Entered: None |
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MANDATE of USCA (Certified Copy) as to 74 Notice of Appeal, filed by Ecuadorian Line, Inc. USCA Case Number 13-2730-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/08/2014. (nd) (Entered: 05/08/2014)
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| 168 |
Filed: 5/5/2014, Entered: None |
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ORDER denying 166 Motion for Judgment on the Pleadings. The motion to dismiss is denied. The fact that defendants' have hired new counsel is no excuse for this late filing- long after Rule 12 motion practice AND the motions for summary judgment. This late motion is not compliant with the letter or the spirit of the Court's scheduling and case management orders. It is time for these defendants, and the other defendants, to stop the games- either pay the judgment, settle the outstanding claims, or go to trial on those claims. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 5/5/2014) (ajs) (Entered: 05/05/2014)
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Request |
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| 167 |
Filed: 5/1/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 166 MOTION for Judgment on the Pleadings . Memorandum of Law in Support of Defendants South Pacific Shipping Co. Ltd., Carlos Aguirre, and Edward Hickeys Rule 12(c) Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted Under RICO. Document filed by Carlos Aguirre, Edward Hickey, South Pacific Shipping Co. Ltd.. (Goldman, Daniel) (Entered: 05/01/2014)
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Request |
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| 166 |
Filed: 5/1/2014, Entered: None |
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MOTION for Judgment on the Pleadings . Document filed by Carlos Aguirre, Edward Hickey, South Pacific Shipping Co. Ltd..(Goldman, Daniel) (Entered: 05/01/2014)
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Request |
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| 165 |
Filed: 4/29/2014, Entered: None |
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MEMO ENDORSEMENT on 161 Order on Motion for Default Judgment. ENDORSEMENT: Order Vacated. (Signed by Judge Lewis A. Kaplan on 4/29/2014) (cd) (Entered: 04/29/2014)
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| 164 |
Filed: 4/28/2014, Entered: None |
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NOTICE OF APPEARANCE by Rachel Lynn Snyder on behalf of Carlos Aguirre, Edward Hickey, Alvaro Fernando Noboa Ponton, South Pacific Shipping Co. Ltd.. (Snyder, Rachel) (Entered: 04/28/2014)
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Request |
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| 163 |
Filed: 4/28/2014, Entered: None |
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NOTICE OF APPEARANCE by Carla R. Walworth on behalf of Carlos Aguirre, Edward Hickey, Alvaro Fernando Noboa Ponton, South Pacific Shipping Co. Ltd.. (Walworth, Carla) (Entered: 04/28/2014)
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Request |
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| 162 |
Filed: 4/28/2014, Entered: None |
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NOTICE OF APPEARANCE by Daniel Bruce Goldman on behalf of Carlos Aguirre, Edward Hickey, Alvaro Fernando Noboa Ponton, South Pacific Shipping Co. Ltd.. (Goldman, Daniel) (Entered: 04/28/2014)
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Request |
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| 161 |
Filed: 4/28/2014, Entered: None |
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Vacated as per Judge's Order dated 4/29/2014, Doc. # 165 ORDER granting 157 Motion for Default Judgment, in the amount of $6,956,036.17 plus interest and attorneys' fees is granted. (Signed by Judge Lewis A. Kaplan on 4/28/2014) (cd) Modified on 4/30/2014 (tro). (Entered: 04/28/2014)
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Request |
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| 160 |
Filed: 4/25/2014, Entered: None |
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STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL FOR DEFENDANTS SOUTH PACIFIC SHIPPING COMPANY LTD., CARLOS AGUIRRE AND EDWARD HICKEY: Attorney Daniel Bruce Goldman for Carlos Aguirre, Daniel Bruce Goldman for Edward Hickey, Daniel Bruce Goldman for South Pacific Shipping Co. Ltd. added. Attorney Caspar Friedrich Ewig and Michael D. Wilson terminated. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4, that the law firm of Paul Hastings, LLP be substituted as counsel in this action for Defendants SOUTH PACIFIC SHIPPING COMPANY LTD, CARLOS AGUIRRE AND EDWARD HICKEY, in place of Hill Rivkins LLP. The order of substitution is sought because South Pacific Shipping Company Ltd, Carlos Aguirre and Edward Hickey requested that Paul Hastings LLP represent them in this action and that Paul Hastings LLP be substituted as attorneys of record in this action. This case is trial ready, and a joint pre-trial order must be filed on May 2, 2014. Hill Rivkins LLP is not asserting a retaining or charging lien. The PTO is now due 5/16/14 on consent. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 4/25/2014) (ajs) (Entered: 04/25/2014)
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Request |
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| 159 |
Filed: 4/24/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 157 MOTION for Default Judgment as to ALVARO NOBOA.. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 04/24/2014)
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Request |
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| 158 |
Filed: 4/24/2014, Entered: None |
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DECLARATION in Support re: 157 MOTION for Default Judgment as to ALVARO NOBOA.. Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Wolfson, Garth) (Entered: 04/24/2014)
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Request |
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| 157 |
Filed: 4/24/2014, Entered: None |
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MOTION for Default Judgment as to ALVARO NOBOA. Document filed by NYKCool A.B..(Wolfson, Garth) (Entered: 04/24/2014)
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Request |
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| 156 |
Filed: 4/17/2014, Entered: None |
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FIRST NOTICE OF INTERLOCUTORY APPEAL from 151 Judgment,,,,. Document filed by Truisfruit S.A.. Filing fee $ 505.00, receipt number 0208-9578751. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit Judgment Appealed From)(Ohman, John) (Entered: 04/17/2014)
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| 155 |
Filed: 4/17/2014, Entered: None |
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NOTICE OF APPEARANCE by John Charles Ohman on behalf of Truisfruit S.A.. (Ohman, John) (Entered: 04/17/2014)
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Request |
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| 154 |
Filed: 4/14/2014, Entered: None |
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CLERK'S CERTIFICATE OF DEFAULT as to Alvaro Noboa. (ca) (Entered: 04/14/2014)
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Request |
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| 153 |
Filed: 4/11/2014, Entered: None |
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ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Edward A. Keane dated 4/10/2014 re: Response to the 4/3/2014 order. ENDORSEMENT: Joint PTO, in conformance with Judge Kaplan's requirements, due 5/2/14. Default motion vs. Noboa due 4/25. Opposition by Noboa, if any, due 5/9. ( Motion due by 4/25/2014. Joint Pretrial Order due by 5/2/2014. Responses due by 5/9/2014) (Signed by Magistrate Judge Andrew J. Peck on 4/11/2014) Copies Sent By ECF By Chambers(cd) (Entered: 04/11/2014)
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Request |
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| 152 |
Filed: 4/3/2014, Entered: None |
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ORDER: Counsel are to advise the Court in writing by April 10, 2014 whether plaintiff wishes to proceed to trial, to dismiss the remainder of the case without prejudice as to the individual defendants (and any other unresolved parties or issues), or any other proposal. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 4/3/2014) (ajs) (Entered: 04/03/2014)
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Request |
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| 151 |
Filed: 3/18/2014, Entered: None |
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JUDGMENT PURSUANT TO RULE 54 (B) OF THE FEDERAL RULES OF CIVIL PROCEDURE: IT IS ORDERED, ADJUDGED and DECREED that judgment in favor of NYKCool A.B. against Truisfruit S.A. in the amount of $ 8,787,157.00, jointly and severally with the other defendants against which judgment has been previously entered, together with interest and costs thereon. That the funds as above described held in the Court's CRIS account with respect to this matter be turned over to the plaintiff, with accumulated interest, less any authorized registry fees, and that; This Judgment is hereby certified and entered by the Court, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, which has determined there is no just reason for delay of the entry of final judgment and that the Court has and does hereby direct that the judgments granted hereby shall be final judgments for all purposes, and as further set forth in this document. (Copy sent to the Cashiers Office) (Signed by Judge Lewis A. Kaplan on 3/18/2014) (cd) (Additional attachment(s) added on 3/19/2014: # 1 Supplement) (cd). (Entered: 03/19/2014)
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Request |
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| 150 |
Filed: 3/11/2014, Entered: None |
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ORDER re 128 Motion for Default Judgment. Plaintiffs motion for a default judgment as to Transfruit, S.A. [DI 128] is granted in all respects, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Andrew J. Peck, dated December 20, 2013. The limited objections of Fruit Importers Americas, Inc., Edward Hickey and Carlos Aguirre are overruled both on the merits and on the additional ground that they failed to oppose the motion before the Magistrate Judge and failed to place before the Magistrate Judge the evidence upon which they now rely. (Signed by Judge Lewis A. Kaplan on 3/11/2014) (cd) (Entered: 03/11/2014)
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| 149 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Cadwalader Wickersham & Taft LLP on 7/26/13. Service was accepted by Owens Ridges Jr., Assistant to the Managing Attorney. I hereby certify and return that I have not received any funds for Judgment #13,1392, case # 12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B.. (sc) (Entered: 02/03/2014)
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Request |
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| 148 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Hill Rivkins, LP on 7/26/13. Service was accepted by Gerard White, Partner of Firm. I certify and return that I have not received any funds for Judgment#13,1392, case # 12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B. (sc) (Entered: 02/03/2014)
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Request |
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| 147 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Executon of Judgment served on American Express Bank on 7/26/13. Service was accepted by Curtis Campbell, Team Leader. I certify and return that I have not received any funds for Judgment #13,1392, case #12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B. (sc) (Entered: 02/03/2014)
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Request |
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| 146 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Bank of China, Legal Processing Unit on 7/26/13. Service was accepted by Shi Deng., Legal Dept. I hereby certify and return that I have not received any funds for Judgment #13,1392, case # 12 Civ. 5754. Judgment Unsatisfied. Document filed by NYKCool A.B.. (sc) (Entered: 02/03/2014)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 145 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Credit Suisse on 7/26/13. Service was accepted by Deborah S. Burstein - Director Grace Shentwo.I hereby certify and return that I have not received any funds for Judgment #13,1392, case number # 12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal Document filed by NYKCool A.B. (sc) (Entered: 02/03/2014)
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Request |
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| 144 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on UBS on 7/26/13. Service was accepted by Richard Andrews. Document filed by NYKCool A.B. I hereby certify and return that I have not received any funds for Judgment #13,1392, case # 12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal (sc) (Entered: 02/03/2014)
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Request |
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| 143 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on Wachovia Bank on 7/26/13. Service was accepted by Sejin Lin, Store Manager, VP. Document filed by NYKCool A.B. I hereby certify an return that I have not received any funds for Judgment #13,1392, case # 12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal (sc) (Entered: 02/03/2014)
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Request |
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| 142 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution of Judgment served on HSBC Bank USA N.A. on 7/26/13. Service was accepted by Shobic Ramasar. Document filed by NYKCool A.B. I hereby certify and return that I have not received any funds for Judgment #13,1392, case #12 Civ. 5754. Judgment Unsatisfied. Eric B Timberman, Acting U.S. Marshal (sc) (Entered: 02/03/2014)
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Request |
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| 141 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution, Judgment served on Standard Chartered Bank on 7/24/13. Service was accepted by Max Lerner, Legal Counsel. Document filed by NYKCool A.B. I hereby certify and return that I have not received any funds for Judgmenmt #13,1392, case # 12 Civ. 5754. Judgement Unsatisfied. Eric B. Timberman, Acting U.S. Marshal (sc) (Entered: 02/03/2014)
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Request |
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| 140 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution of Judgment served on Bank of America on 7/26/13. Service was accepted by Anthony Santiago, Personal Banker. Document filed by NYKCool A.B. I hereby certify and return that I have not received any funds for Judgment #13,1392, case # 12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal (sc) (Entered: 02/03/2014)
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Request |
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| 139 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution, Judgment served on Deutsche Bank, A.G. on 7/26/13. Service was accepted by Diana Hvi, Paralegal. Document filed by NYKCool A.B. I hereby certify and return that I have not received any funds for Judgment #13,1392, case # 12 Civ. 5754. Judgment Unsatisified. Eric B. Timberman, Acting U.S. Marshal (sc) (Entered: 02/03/2014)
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Request |
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| 138 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution, Judgment served on The Bank of New York Mellon on 7/26/13. Service was accepted by Thomas McCauley. Document filed by NYKCool A.B. I hereby certify and return that I have not received any funds for Judgment #13,1392, case number 12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal (sc) (Entered: 02/03/2014)
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Request |
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| 137 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution, Judgment served on J.P. Morgan Chase on 7/26/13. Service was accepted by Dhanmattre Khilall. Document filed by NYKCool A.B. I hereby certify and return that I have not received any funds for Judgment #13,1392, case #12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal (sc) (Entered: 02/03/2014)
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Request |
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| 136 |
Filed: 1/30/2014, Entered: None |
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MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Execution, Judgment served on Citibank, Corporate Litigation for International Operations on 7/26/13. Service was accepted by Tahamina Kazi, Legal Serv. Specialist. Document filed by NYKCool A.B. I hereby certify and return that I have not received any funds for Judgment number 12 Civ. 5754. Judgment Unsatisfied. Eric B. Timberman, Acting U.S. Marshal (sc) (Entered: 02/03/2014)
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Request |
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| 135 |
Filed: 1/17/2014, Entered: None |
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RESPONSE re: 134 Objection to Report and Recommendations. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 01/17/2014)
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Request |
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| 134 |
Filed: 1/3/2014, Entered: None |
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OBJECTION to 133 Report and Recommendations Document filed by Carlos Aguirre, Fruit Importers Americas, Inc., Edward Hickey. (Attachments: # 1 Affidavit Declaration of Michael Wilson with Exhibits A-D)(Wilson, Michael) (Entered: 01/03/2014)
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| 133 |
Filed: 12/20/2013, Entered: None |
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REPORT AND RECOMMENDATION re: 128 MOTION for Default Judgment as to Truisfruit S.A. filed by NYKCool A.B. For the reasons set forth above, NYKCool's default judgment motion (Dkt. No. 128) should be GRANTED and judgment should be entered in favor of NYKCool against Truisfruit in the amount of $8,787,157, and in addition the Court should enter a judgment directing the release of the attached funds (including those in the Court's registry) to NYKCool in partial satisfaction of NYKCool's judgment. Objections to R&R due by 1/6/2014. (Signed by Magistrate Judge Andrew J. Peck on 12/20/2013) Copies Sent By Chambers. (lmb) (Entered: 12/20/2013)
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| 132 |
Filed: 11/12/2013, Entered: None |
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STIPULATION AND ORDER OF WITHDRAWAL OF OBJECTION TO REPORT AND RECOMMENDATION: IT HEREBY IS STIPULATED AND AGREED, by and between the undersigned counsel for the below-identified parties that the Garnishee's Objection to the Report and Recommendation [D.E. #105] is hereby withdrawn, with prejudice and without interest or costs to any party. (Signed by Magistrate Judge Andrew J. Peck on 11/12/2013) (ft) (Entered: 11/12/2013)
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Request |
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| 131 |
Filed: 11/8/2013, Entered: None |
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AFFIDAVIT OF SERVICE of Motion & Supporting Papers on 11/08/13. Service was made by Mail. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 11/08/2013)
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Request |
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| 130 |
Filed: 11/8/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 128 MOTION for Default Judgment as to Truisfruit S.A... Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 11/08/2013)
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Request |
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| 129 |
Filed: 11/8/2013, Entered: None |
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DECLARATION in Support re: 128 MOTION for Default Judgment as to Truisfruit S.A... Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Wolfson, Garth) (Entered: 11/08/2013)
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Request |
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| 128 |
Filed: 11/8/2013, Entered: None |
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MOTION for Default Judgment as to Truisfruit S.A.. Document filed by NYKCool A.B..(Wolfson, Garth) (Entered: 11/08/2013)
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Request |
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| 127 |
Filed: 11/6/2013, Entered: None |
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CLERK'S CERTIFICATE OF DEFAULT AS TO: Truisfruit S.A. (dt) (Entered: 11/06/2013)
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Request |
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| 126 |
Filed: 10/28/2013, Entered: None |
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CONSENT ORDER: 1. The Attached Funds presently under restraint by Garnishee in the amount of $1,376,787.60 and any Future Bonita Funds are hereby ordered to be transferred by Redi Fresh Produce, Inc. and deposited in the Court Registry of the United States District Court for the Southern District of New York. Said transfer is to be accomplished by electronic funds transfer, referencing this case name and number and the amount restrained, to the Clerk of the Court, United States District Court for the Southern District of New York, at U.S. Treasury, Agency Locator #4654, ABA Routing #021030004; and 2. Upon receipt of the aforementioned deposits, the Clerk of the Court, as soon as his office allows, shall prepare the necessary forms for the purpose of placing said funds into the Court Registry Investment System, Interest Bearing Account as further set forth in this order. 10. Dkt. No. 118 and all prior TROs and Orders to Show Cause are now resolved., Motions terminated: 118 CROSS MOTION to Vacate NOTICE OF CROSS MOTION TO FOR AN ORDER VACATING THE ORDER OF ATTACHMENT AND GARNISHMENT. filed by Pan American Trading Company, Inc., Edward Hickey, Carlos Ahlstrom, Pacific International Services, Inc., South Pacific Shipping Co. Ltd., Ecuadorian Line, Inc. (Signed by Magistrate Judge Andrew J. Peck on 10/28/2013) (Copy forwarded to Finance on 10/28/2013)(lmb) Modified on 10/29/2013 (lmb). (Entered: 10/28/2013)
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| 125 |
Filed: 10/25/2013, Entered: None |
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LETTER addressed to Magistrate Judge Andrew J. Peck from Edward A. Keane dated 10/25/2013 re: We write as counsel for Plaintiff NYKCool A.B. and pursuant to direction at the most recent conference held in this matter on Oct. 21, 2013. Document filed by NYKCool A.B.(lmb) (Entered: 10/25/2013)
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Request |
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| 124 |
Filed: 10/25/2013, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/21/13 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...(Rodriguez, Somari) (Entered: 10/25/2013)
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Request |
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| 123 |
Filed: 10/25/2013, Entered: None |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 10/21/2013 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. 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 11/18/2013. Redacted Transcript Deadline set for 12/2/2013. Release of Transcript Restriction set for 1/26/2014.(Rodriguez, Somari) (Entered: 10/25/2013)
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Request |
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| 122 |
Filed: 10/25/2013, Entered: None |
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STIPULATION AND ORDER PARTIALLY VACATING ORDER OF ATTACHMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for plaintiff and for defendants Carlos Aguirre and Edward Hickey, that the Order of Attachment issued by this court on August 1, 2013 be and hereby is vacated and of no effect as to defendants Carlos Aguirre and Edward Hickey only. (Signed by Magistrate Judge Andrew J. Peck on 10/25/2013) (lmb) (Entered: 10/25/2013)
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Request |
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| 121 |
Filed: 10/25/2013, Entered: None |
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CLERK CERTIFICATE OF MAILING of one copy of the Summons and Amended Verified Complaint mailed to Alvaro Fernando Noboa Ponton on 10/25/2013 by Federal Express tracking # 8033 5774 9925, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (jvs) (Entered: 10/25/2013)
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Request |
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| 120 |
Filed: 10/21/2013, Entered: None |
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STIPULATION AND ORDER: It is hereby ORDERED that the funds attached on or about August 15, 2013 pursuant to the Order of Attachment dated August 1, 2013, and held by garnishee bank, JPMorgan Chase, 2009 Broadway (at 73rd Street), New York, New York 10023, in account numbers (checking) 0161124797 in the amount of $30,986.18 and (savings) 0051121186 in the amount of $10,277.18 in the names of Carlos A. Aguirre and Barrie Aguirre, be and are hereby released from attachment, with prejudice, and it is further ORDERED that garnishee JPMorgan Chase effect the release of said attached funds immediately and without need of any further action of this Court and/or the Parties. (Signed by Magistrate Judge Andrew J. Peck on 10/21/2013) (lmb) (Entered: 10/21/2013)
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Request |
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| 119 |
Filed: 10/18/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 118 CROSS MOTION to Vacate NOTICE OF CROSS MOTION TO FOR AN ORDER VACATING THE ORDER OF ATTACHMENT AND GARNISHMENT.. MEMORANDUM OF LAW IN OPPOSITION IN OPPOSITION TO SHOW CAUSE APPLICATION AND IN SUPPORTOF CROSS-MOTION TO VACATE ATTACHMENT. Document filed by Carlos Aguirre, Ecuadorian Line, Inc., Edward Hickey, Pacific Group Holding, Inc., Pan American Trading Company, Inc., South Pacific Shipping Co. Ltd.. (Wilson, Michael) (Entered: 10/18/2013)
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Request |
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| 118 |
Filed: 10/18/2013, Entered: None |
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CROSS MOTION to Vacate NOTICE OF CROSS MOTION TO FOR AN ORDER VACATING THE ORDER OF ATTACHMENT AND GARNISHMENT.. Document filed by Carlos Ahlstrom, Ecuadorian Line, Inc., Edward Hickey, Pacific International Services, Inc., Pan American Trading Company, Inc., South Pacific Shipping Co. Ltd.. Return Date set for 10/21/2013 at 02:00 PM.(Wilson, Michael) (Entered: 10/18/2013)
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Request |
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| 117 |
Filed: 10/16/2013, Entered: None |
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DECLARATION re: 105 Objection (non-motion) in Response. Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit A, # 2 Exhibit A(1), # 3 Exhibit A(1)(1), # 4 Exhibit A(1)(2), # 5 Exhibit A(1)(3), # 6 Exhibit A(1)(4), # 7 Exhibit A(1)(5), # 8 Exhibit A(1)(6), # 9 Exhibit A(2), # 10 Exhibit A(3), # 11 Exhibit A(4), # 12 Exhibit A(5), # 13 Exhibit A(6))(Wolfson, Garth) (Entered: 10/16/2013)
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Request |
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| 116 |
Filed: 10/11/2013, Entered: None |
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AFFIDAVIT OF SERVICE of Summons and Complaint,. Alvaro Fernando Noboa Ponton served on 10/12/2012, answer due 11/2/2012. Service was made by E-mail. Document filed by NYKCool A.B.. (Keane, Edward) (Entered: 10/11/2013)
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Request |
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| 115 |
Filed: 10/10/2013, Entered: None |
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LETTER addressed to Magistrate Judge Andrew J. Peck from James H. Power dated 10/10/13 re: Response to Plaintiff's Fax of Oct. 4, 2013.. Document filed by Redi Fresh Produce, Inc..(Power, James) (Entered: 10/10/2013)
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Request |
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| 114 |
Filed: 10/4/2013, Entered: None |
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ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER WITHOUT NOTICE PURSUANT TO FED R. CIV. P. 65(b): IT IS HEREBY ORDERED: Let the defendants show cause before the Honorable Andrew J. Peck, United States Magistrate Judge, at 500 Pearl Street, Courtroom 20D, pursuant to Rules 15, 64, 65, 66, 69, and 70 of Federal Rules of Civil Procedure, on the 21st day of Oct. 2013 at 2 o'clock in the afternoon or as soon thereafter as counsel can be heard why an Order shall not be entered permitting amendment of plaintiff's complaint so as to add TRUISFRUIT as a party defendant and enjoining TRUISFRUIT from further dissipation, alienation, and/or secreting of the defendant judgment debtors' assets and/or rights to sell or otherwise use the "Bonita" brands of bananas, including, inter alia, sales or shipments of Bonita bananas to the United States; setting aside the fraudulent transfer of the North American Bonita business; appointing a receiver under Section 5228 of the New York Civil Practice Law and Rules to administer TRUISFRUIT's Bonita commerce and the use of the "Bonita" brands of bananas with respect to North America, and granting to plaintiff such other and different relief as to the Court may seem just and proper. Let service of a copy of this Order and the accompanying Declaration and Exhibits; if served upon TRUISFRUIT S.A. at El Oro 101 Interseccion Vivero - 5 Junio, Guayaquil, Ecuador (service to be made concurrent with the amended complaint via Fed. R. Civ. P. 4 (h) (2) and 4 (f)), and if served upon Mess' rs Hill Rivkins LLP, to the attention of Mr. Michael D. Wilson, Esq., 45 Broadway, Suite 1500, N.Y., N.Y. 10006-3793, on or before 5 o'clock in the afternoon on 10/4/13 (service to be made either by courier, fax, hand or email); be deemed good and sufficient service. Answering papers, if any, including but not limited to affidavits, affirmations, declarations, exhibits and/or memorandum of law, shall be served so as to be received by counsel for the movant, Mahoney & Keane, LLP by email on or before 10/11/13 at 5PM as further set forth in this order. Show Cause Hearing set for 10/21/2013 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 9/30/2013) (lmb) (Entered: 10/07/2013)
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| 113 |
Filed: 10/4/2013, Entered: None |
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ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Edward A. Keane dated 10/4/2013 re: We believe submission of a one page letter brief, with attached excerpts from the deposition transcript and the Notice of Deposition, would fully set forth the NYKCool position. We ask permission to proceed In that manner, with answering letter briefs due five business days following submission of the NYKCool letter brief. ENDORSEMENT: NYKool discovery letter due 10/8, Redi Fresh opp. due 10/10. (Signed by Magistrate Judge Andrew J. Peck on 10/4/2013) (lmb) (Entered: 10/04/2013)
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Request |
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| 112 |
Filed: 10/4/2013, Entered: None |
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MEMORANDUM OF LAW in Support of Order to Show Cause. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 10/04/2013)
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| 111 |
Filed: 10/4/2013, Entered: None |
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AFFIDAVIT in Support. Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1(1), # 3 Exhibit 1(2), # 4 Exhibit 1(3), # 5 Exhibit 1(4), # 6 Exhibit 1(5), # 7 Exhibit 1(6), # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8)(Wolfson, Garth) (Entered: 10/04/2013)
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Request |
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| 110 |
Filed: 10/2/2013, Entered: None |
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AMENDED COMPLAINT amending 1 Complaint, against Carlos Aguirre, Maria C Aguirre, Carlos Ahlstrom, Edward Hickey, Kelso Enterprises Ltd., Robert Kissinger, Alvaro Fernando Noboa Ponton, Pacific Fruit Inc., Redi Fresh Produce, Inc., South Pacific Shipping Co. Ltd., Truisfruit S.A. with JURY DEMAND.Document filed by NYKCool A.B. Related document: 1 Complaint, filed by NYKCool A.B. (rsh) (Entered: 10/03/2013)
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| 109 |
Filed: 10/3/2013, Entered: None |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: 107 MOTION to Amend/Correct Complaint. MOTION to Appoint Receiver. MOTION for Joinder of additional defendant. MOTION for Preliminary Injunction. MOTION for Order to Show Cause.. Document filed by NYKCool A.B.. (Wolfson, Garth) Modified on 10/4/2013 (ldi). (Entered: 10/03/2013)
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Request |
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| 108 |
Filed: 10/3/2013, Entered: None |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT in Support re: 107 MOTION to Amend/Correct Complaint. MOTION to Appoint Receiver. MOTION for Joinder of additional defendant. MOTION for Preliminary Injunction. MOTION for Order to Show Cause.. Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1(1), # 3 Exhibit 1(2), # 4 Exhibit 1(3), # 5 Exhibit 1(4), # 6 Exhibit 1(5), # 7 Exhibit 1(6), # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8)(Wolfson, Garth) Modified on 10/4/2013 (ldi). (Entered: 10/03/2013)
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Request |
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| 107 |
Filed: 10/3/2013, Entered: None |
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Amend/Correct Complaint., MOTION to Appoint Receiver., MOTION for Joinder of additional defendant., MOTION for Preliminary Injunction., MOTION for Order to Show Cause. Document filed by NYKCool A.B.. Return Date set for 10/21/2013 at 02:00 PM.(Wolfson, Garth) Modified on 10/4/2013 (ldi). (Entered: 10/03/2013)
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Request |
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| 106 |
Filed: 10/3/2013, Entered: None |
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CLERK CERTIFICATE OF MAILING of one copy of the SUMMONS, ORDER TO SHOW CAUSE, SUPPORTING DOCUMENTS, INCLUDING INTER ALIA, AND AMENDED VERIFIED COMPLAINT mailed to TRUISFRUIT S.A. EL ORO INTERSECCION VIVERO - 5 JUNIO GUAYAQUIL, ECUADOR on 10/03/2013 by Federal Express tracking # FEDEX 8020-6951-6798-0402, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (ca) (Entered: 10/03/2013)
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Request |
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| 105 |
Filed: 10/2/2013, Entered: None |
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Objection to Report and Recommendation. Document filed by Redi Fresh Produce, Inc.. (Power, James) (Entered: 10/02/2013)
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Request |
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| 104 |
Filed: 10/2/2013, Entered: None |
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Correspondence received in the Office of the Clerk of Court on September 9, 2013 from J.P. Morgan. (lmb) (Entered: 10/02/2013)
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Request |
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| 103 |
Filed: 9/26/2013, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/18/13 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...(Rodriguez, Somari) (Entered: 09/26/2013)
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Request |
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| 102 |
Filed: 9/26/2013, Entered: None |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 9/18/2013 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. 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 10/21/2013. Redacted Transcript Deadline set for 10/31/2013. Release of Transcript Restriction set for 12/30/2013.(Rodriguez, Somari) (Entered: 09/26/2013)
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Request |
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| 101 |
Filed: 9/16/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 95 Order to Show Cause,,,. Document filed by Redi Fresh Produce, Inc.. (Power, James) (Entered: 09/16/2013)
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Request |
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| 100 |
Filed: 9/16/2013, Entered: None |
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DECLARATION of Peter Malo re: 95 Order to Show Cause,,,. Document filed by Redi Fresh Produce, Inc.. (Power, James) (Entered: 09/16/2013)
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Request |
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| 99 |
Filed: 9/12/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition Order to Show Cause. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 09/12/2013)
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Request |
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| 98 |
Filed: 9/12/2013, Entered: None |
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DECLARATION in Opposition re: 96 Declaration, 97 Memorandum of Law in Support, 95 Order to Show Cause,,,. Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1(1), # 3 Exhibit 1(2), # 4 Exhibit 1(3), # 5 Exhibit 1(4), # 6 Exhibit 1(5), # 7 Exhibit 1(6), # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6)(Wolfson, Garth) (Entered: 09/12/2013)
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Request |
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| 97 |
Filed: 9/5/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 95 Order to Show Cause,,,. Document filed by Redi Fresh Produce, Inc.. (Larsen, Marie) (Entered: 09/05/2013)
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Request |
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| 96 |
Filed: 9/5/2013, Entered: None |
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DECLARATION of of Peter Malo in Support of Motion to Vacate or Modify the Order for Issuance of Attachment and Garnishment re: 95 Order to Show Cause,,,. Document filed by Redi Fresh Produce, Inc.. (Larsen, Marie) (Entered: 09/05/2013)
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| 95 |
Filed: 9/5/2013, Entered: None |
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ORDER TO SHOW CAUSE: Plaintiff NYKCool A.B. shall show cause as to why the Order of Attachment dated August 1, 2013 should not be vacated; ORDERED that on September 6, 2013 Holland & Knight LLP shall serve a copy of this Order to Show Cause together with a copy of the papers upon which it is based, on Plaintiff NYKCool A.B. via ECF, which service shall be deemed good and sufficient; and it is further ORDERED that answering papers, if any, to this motion shall be served on Holland & Knight LLP, so as to be received on [or Thursday, September 12, 2013] and reply thereto shall be due on Monday, September 16, 2013]. A hearing on this matter shall be held on [or Wednesday, September 18, 2013 at 9:30a.m.] (Show Cause Hearing set for 9/18/2013 at 09:30 AM before Magistrate Judge Peck). (Signed by Judge Paul A. Engelmayer, sitting in Part I on 9/5/2013) (djc) Modified on 9/5/2013 (djc). (Entered: 09/05/2013)
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Request |
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| 94 |
Filed: 9/4/2013, Entered: None |
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|
NOTICE OF APPEARANCE by Warren Ernest Gluck on behalf of Redi Fresh Produce, Inc.. (Gluck, Warren) (Entered: 09/04/2013)
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Request |
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| 93 |
Filed: 9/4/2013, Entered: None |
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|
NOTICE OF APPEARANCE by Marie Elizabeth Larsen on behalf of Redi Fresh Produce, Inc.. (Larsen, Marie) (Entered: 09/04/2013)
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Request |
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| 92 |
Filed: 9/4/2013, Entered: None |
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|
NOTICE OF APPEARANCE by James H. Power on behalf of Redi Fresh Produce, Inc.. (Power, James) (Entered: 09/04/2013)
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Request |
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| 91 |
Filed: 9/3/2013, Entered: None |
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|
STIPULATION AND ORDER: It is hereby ORDERED that the funds attached on or about August 15, 2013 pursuant to the Order of Attachment dated August 1, 2013, and held by garnishee bank, JPMorgan Chase, 2009 Broadway (at 73rd Street), New York, New York 10023, in account numbers (checking) 16606747765 and (savings) 82623580301 in the names of Carlos A. Aguirre and Maria Christina Aguirre, be and are hereby released from attachment, with prejudice, and it is further ORDERED that garnishee JPMorgan Chase effect the release of said attached funds immediately and without need of any further action of this Court and/or the Parties. (Signed by Magistrate Judge Andrew J. Peck on 9/3/2013) (lmb) Modified on 9/4/2013 (lmb). (Entered: 09/03/2013)
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Request |
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| 90 |
Filed: 9/3/2013, Entered: None |
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|
ORDER FOR ADMISSION PRO HAC VICE granting 82 Motion for Benjamin S. Thompson to Appear Pro Hac Vice. (Signed by Magistrate Judge Andrew J. Peck on 9/3/2013) (lmb) (Entered: 09/03/2013)
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Request |
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| 89 |
Filed: 8/29/2013, Entered: None |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/21/13 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...(Rodriguez, Somari) (Entered: 08/29/2013)
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Request |
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| 88 |
Filed: 8/29/2013, Entered: None |
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|
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/21/2013 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. 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 9/23/2013. Redacted Transcript Deadline set for 10/3/2013. Release of Transcript Restriction set for 12/2/2013.(Rodriguez, Somari) (Entered: 08/29/2013)
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|
Request |
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| 87 |
Filed: 8/28/2013, Entered: None |
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|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CONSENT MOTION Stipulation and Proposed Order to Release Attached Funds of Non-party Maria Aguirre (Letter Motion) re: 75 Order,,,. Document filed by Maria C Aguirre. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order to Release Attached Funds of Maria Aguirre)(Thompson, Benjamin) Modified on 8/29/2013 (ldi). (Entered: 08/28/2013)
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|
Request |
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| 86 |
Filed: 8/27/2013, Entered: None |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/14/13 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...(Rodriguez, Somari) (Entered: 08/27/2013)
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Request |
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| 85 |
Filed: 8/27/2013, Entered: None |
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|
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/14/2013 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. 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 9/20/2013. Redacted Transcript Deadline set for 9/30/2013. Release of Transcript Restriction set for 12/2/2013.(Rodriguez, Somari) (Entered: 08/27/2013)
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Request |
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| 84 |
Filed: 8/23/2013, Entered: None |
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ORDER: IT IS HEREBY ORDERED that, pursuant to Title VII of the Federal Rules of Civil Procedure and Rule 6212(b) of the New York Civil Practice Law and Rules, the Clerk of the Court accept plaintiff's deposit of $500.00 into the court's registry in the above matter. (Signed by Magistrate Judge Andrew J. Peck on 8/23/2013) (Copy of this order forwarded to Finance Unit on 8/23/2013.)(lmb) (Entered: 08/23/2013)
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Request |
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| 83 |
Filed: 8/20/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 75 Order,,, SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF CROSS MOTION TO VACATE ATTACHMENT. Document filed by Carlos Aguirre, Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Edward Hickey, Pacific International Services, Inc., Pan American Trading Company, Inc., South Pacific Shipping Co. Ltd.. (Wilson, Michael) (Entered: 08/20/2013)
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| 82 |
Filed: 8/20/2013, Entered: None |
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MOTION for Benjamin Stillwell Thompson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8799979. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maria C Aguirre. Return Date set for 8/21/2013 at 02:30 PM. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Thompson, Benjamin) (Entered: 08/20/2013)
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Request |
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| 81 |
Filed: 8/16/2013, Entered: None |
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ORDER SCHEDULING STATUS CONFERENCE: IT IS HEREBY ORDERED that a status conference is scheduled for Wednesday, August 21, 2013 at 2:30 p.m. before the undersigned in Courtroom 20D (500 Pearl Street). Counsel should be prepared to discuss the pending Order to Show Cause. The parties are to follow the "Individual Practices of Magistrate Judge Andrew J. Peck.", ( Status Conference set for 8/21/2013 at 02:30 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck.) (Signed by Magistrate Judge Andrew J. Peck on 8/16/2013) (lmb) (Entered: 08/16/2013)
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Request |
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| 80 |
Filed: 8/14/2013, Entered: None |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: DI #76 Order to Show Cause. Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Lewis A. Kaplan on 8/14/2013) (tro) (Entered: 08/16/2013)
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Request |
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| 79 |
Filed: 8/9/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 76 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,. Document filed by Carlos Aguirre, Carlos Ahlstrom, Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Edward Hickey, Robert Kissinger, Alvaro Fernando Noboa Ponton. (Wilson, Michael) (Entered: 08/09/2013)
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| 78 |
Filed: 8/9/2013, Entered: None |
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DECLARATION of MICHAEL D. WILSON re: 76 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,. Document filed by Carlos Aguirre, Carlos Ahlstrom, Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Edward Hickey, Robert Kissinger, Alvaro Fernando Noboa Ponton. (Wilson, Michael) (Entered: 08/09/2013)
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Request |
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| 77 |
Filed: 8/9/2013, Entered: None |
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DECLARATION of EDWARD HICKEY re: 76 Order to Show Cause, Set Deadlines/Hearings,,,,,,,, DECLARATION OF DEWARD HICKEY. Document filed by Carlos Aguirre, Carlos Ahlstrom, Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Edward Hickey, Robert Kissinger, Alvaro Fernando Noboa Ponton, Pacific Group Holding, Inc., Pacific International Services, Inc., Pan American Trading Company, Inc.. (Wilson, Michael) (Entered: 08/09/2013)
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Request |
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| 76 |
Filed: 8/1/2013, Entered: None |
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ORDER TO SHOW CAUSE: Defendants: PACIFIC INTERNATIONAL SERVICES, INC.,PANAMERICAN TRADING COMPANY, INC., FRUIT IMPORTERS AMERICAS, INC.,PACIFIC GROUP HOLDING, INC., ECUADORIAN LINE, INC., ALVARO FERNANDO NOBOA PONTON, CARLOS AGUIRRE, and EDWARD HICKEY shall show cause as to why can be heard why an Order shall not be entered enjoining the said defendants from further dissipation, alienation, and/or secreting of the defendant judgment debtors' assets and/ or rights to use of the "Bonita" brands of bananas; setting aside the fraudulent transfer of the Bonita business; appointing a receiver under Section 5228 of the New York Civil Practice Law and Rules to administer the judgment debtors' business and the use of the "Bonita" brands of bananas, granting to plaintiff such other and different relief as to the Court may seem just and proper. Show Cause Hearing set for 8/14/2013 at 02:30 PM before Judge Lorna G. Schofield (Signed by Part I Judge J. Paul Oetken on 8/01/2013) (ama) Modified on 8/9/2013 (ama). (Entered: 08/01/2013)
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| 75 |
Filed: 8/1/2013, Entered: None |
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ORDER FOR ISSUANCE OF ATTACHMENT AND GARNISHMENT: IT I S HEREBY ORDERED that, pursuant to CPLR 6201 (1) and CPLR 6211, all banana cargoes entering the Port of New York under the "Bonita" brand, as well as all goods, rights, services, obligations, trusts, rights to payment or profits, chattels, credits, letters of credit, bills of lading, debts, effects and monies, funds, accounts, freights, sub-freights, charter hire, sub-charter hire, or any other tangible or intangible property belonging to, claimed by, being held for or on behalf or otherwise for the benefit of NOBOA, AGUIRRE, HICKEY, and each of them, by any garnishee within this district upon whom this order of attachment is served up to the amount of $8,787,157 shall be attached and seized; And as set forth herein. SO ORDERED. (Signed by Part I Judge J. Paul Oetken on 8/01/2013) (ama) Modified on 8/1/2013 (ama). (Entered: 08/01/2013)
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| 74 |
Filed: 7/15/2013, Entered: None |
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NOTICE OF APPEAL from 73 Judgment, 69 Order on Motion for Summary Judgment,,,. Document filed by Ecuadorian Line, Inc.. Filing fee $ 455.00, receipt number 0208-8689344. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wilson, Michael) (Entered: 07/15/2013)
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Request |
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| 73 |
Filed: 7/10/2013, Entered: None |
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JUDGMENT PURSUANT TO RULE 54(B) OF THE FEDERAL RULES OF CIVIL PROCEDURE #13,1392: in favor of NYKCool A.B. against Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Pacific Group Holding, Inc., Pacific International Services, Inc., Pan American Trading Company, Inc. in the amount of $ 8,787,157.00. (Signed by Judge Lewis A. Kaplan on 6/26/13) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 07/10/2013)
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| 72 |
Filed: 6/26/2013, Entered: None |
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LETTER addressed to Judge Lewis A. Kaplan from Michael D. Wilson dated 6/25/13 re: Defendants object to the proposed judgment to the extent it seeks entry of judgment against Pacific Fruit, Inc. and Kelso Enterprises, Ltd. Judgment against those entities was entered in the prior action before Your Honor, 10 Civ. 3867, and we do not believe the Court's June 14, 2013 Order intended to direct entry of an additional judgment against them. Further, while designated "defendants-in-interest" neither Pacific Fruit nor Kelso have been served with process in this action. (mro) (Entered: 06/26/2013)
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Request |
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| 71 |
Filed: 6/24/2013, Entered: None |
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NOTICE of Settlement. Document filed by NYKCool A.B.. (Keane, Edward) (Entered: 06/24/2013)
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Request |
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| 70 |
Filed: 6/24/2013, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Settlement. Document filed by NYKCool A.B.. (Keane, Edward) Modified on 7/2/2013 (db). (Entered: 06/24/2013)
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Request |
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| 69 |
Filed: 6/14/2013, Entered: None |
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ORDER granting in part and denying in part 49 Motion for Summary Judgment. Plaintiff's motion for summary judgment (DI 49) is granted with respect to defendants PISI, PAI, FIA, PGH, and Ecuadorian as well as defendants-in-interest Pacific and Kelso. It is denied as to defendants South Pacific Shipping Co., Ltd., Aguirre and Hickey. The Court finds no just reason for delay, as plaintiff long has been frustrated in its efforts to collect more than $8 million be the actions of the defendants against him this motion should be granted and should not be further prejudiced by the continued pendency of the action against the remaining defendants. Plaintiff shall settle a judgment on two days notice which shall include a certificate pursuant to Fed. R. Civ. P. 54(b). (Signed by Judge Lewis A. Kaplan on 6/14/2013) (mro) (Entered: 06/17/2013)
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Request |
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| 68 |
Filed: 4/26/2013, Entered: None |
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RESPONSE to Objections. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 04/26/2013)
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Request |
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| 67 |
Filed: 4/23/2013, Entered: None |
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RESPONSE re: 65 Objection (non-motion), 62 Report and Recommendations, RESPONSE OF DEFENDANTS CARLOS AGUIRRE AND EDWARD HICKEY TO PLAINTIFF'S PARTIAL OBJECTIONS TO REPORT AND RECOMMENDATION. Document filed by Carlos Aguirre, Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Edward Hickey, Pacific Group Holding, Inc., Pacific International Services, Inc., Pan American Trading Company, Inc., South Pacific Shipping Co. Ltd.. (Wilson, Michael) (Entered: 04/23/2013)
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Request |
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| 66 |
Filed: 4/15/2013, Entered: None |
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OBJECTION to 62 Report and Recommendations Document filed by Ecuadorian Line, Inc.. (Wilson, Michael) (Entered: 04/15/2013)
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Request |
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| 65 |
Filed: 4/12/2013, Entered: None |
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Objection re: 62 Report and Recommendations, (Partial). Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 04/12/2013)
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Request |
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| 64 |
Filed: 4/10/2013, Entered: None |
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Letter addressed to Magistrate Judge Andrew J. Peck from Edward A. Keane dated 4/4/2013 re: We write with respect to the letter of April 3, 2013 form Messrs. Hill Rifkin regarding the referenced matter. It seeks an amendment to the R & R issued by your Honor at page 26. We do not object to the ministerial relief requested, but without prejudice to the position asserted by the Plaintiff, that defendants Ecuadorian Line, Inc. and South Pacific Shipping Co., Ltd. do business as each other and are otherwise not separate legal entities, which position is maintained. We otherwise reserve all rights of the Plaintiff with respect to the referenced Report and Recommendation. (ago) (Entered: 04/12/2013)
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Request |
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| 63 |
Filed: 4/4/2013, Entered: None |
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ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Caspar F. Ewig dated 4/3/2013 re: The foregoing request is made solely to correct a ministerial oversight in the Report and Recommendation and is made without prejudice to any other rights which the defendants represented by this office may otherwise assert in connection with a motion to affirm or reject the Report and Recommendation. ENDORSEMENT: On NYKCool's consent (see their 4/4/13 letter), the decretal paragraph on page 26 of the R&R is revised as per above. This does not change the deadline for objections to the R&R. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 4/4/2013) Copies Sent By Chambers. (rsh) (Entered: 04/04/2013)
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Request |
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| 62 |
Filed: 3/29/2013, Entered: None |
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REPORT AND RECOMMENDATIONS: For the reasons stated above, NYKCool's summary judgment motion (Dkt. No. 49)should be GRANTED as to the corporate defendants. Objections to R&R due by 4/15/2013 (Signed by Magistrate Judge Andrew J. Peck on 3/29/2013) (js) (Entered: 03/29/2013)
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Request |
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| 61 |
Filed: 3/15/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 49 MOTION for Summary Judgment.. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 03/15/2013)
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Request |
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| 60 |
Filed: 3/15/2013, Entered: None |
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REPLY AFFIRMATION in Support re: 49 MOTION for Summary Judgment.. Document filed by NYKCool A.B.. (Attachments: # 1 Part II)(Wolfson, Garth) (Entered: 03/15/2013)
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Request |
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| 59 |
Filed: 3/13/2013, Entered: None |
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|
COUNTER STATEMENT TO Document filed by Carlos Aguirre, Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Edward Hickey, Pacific Group Holding, Inc., Pacific International Services, Inc., Pan American Trading Company, Inc.. (Ewig, Caspar) (Entered: 03/13/2013)
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Request |
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| 58 |
Filed: 3/11/2013, Entered: None |
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ORDER: IT IS HEREBY ORDERED that defendants submit a revised Rule 56.1 Statement to the Court by close of business Wednesday, March 13, 2013. NYKCool's reply papers remain due on Friday, March 15, 2013. (Signed by Magistrate Judge Andrew J. Peck on 3/11/2013) Copies Sent Via ECF to all counsel By Chambers. (js) (Entered: 03/11/2013)
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Request |
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| 57 |
Filed: 3/8/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 49 MOTION for Summary Judgment.. Document filed by Carlos Aguirre, Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Edward Hickey, Pacific Group Holding, Inc., Pacific International Services, Inc., Pan American Trading Company, Inc.. (Ewig, Caspar) (Entered: 03/08/2013)
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Request |
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| 56 |
Filed: 3/8/2013, Entered: None |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Defendants' Response to Rule 56.1 Statement in Opposition re: 49 MOTION for Summary Judgment.. Document filed by Carlos Aguirre, Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Edward Hickey, Pacific Group Holding, Inc., Pacific International Services, Inc., Pan American Trading Company, Inc.. (Ewig, Caspar) Modified on 3/11/2013 (ldi). (Entered: 03/08/2013)
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Request |
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| 55 |
Filed: 3/8/2013, Entered: None |
|
|
AFFIRMATION of Michael Wilson in Opposition re: 49 MOTION for Summary Judgment.. Document filed by Carlos Aguirre, Ecuadorian Line, Inc., Fruit Importers Americas, Inc., Edward Hickey, Pacific Group Holding, Inc., Pacific International Services, Inc., Pan American Trading Company, Inc.. (Attachments: # 1 Exhibit Hickey Dclaration, # 2 Exhibit Quinn Declaration)(Ewig, Caspar) (Entered: 03/08/2013)
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Request |
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| 54 |
Filed: 3/6/2013, Entered: None |
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|
NOTICE OF CHANGE OF ADDRESS by Edward A. Keane on behalf of NYKCool A.B.. New Address: MAHONEY & KEANE, LLP, 40 Worth Street, Tenth Floor, New York, New York, USA 10013, 212-385-1422. (Keane, Edward) (Entered: 03/06/2013)
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Request |
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| 53 |
Filed: 2/28/2013, Entered: None |
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|
ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Michael D. Wilson dated 2/28/2013 re: Because my partner, who has been assisting in this matter has been out of the office for the last several weeks, we are encountering difficulty in completing preparation of the opposition and request a one-week extension of time, to March 8, 2013 to submit the opposition. ENDORSEMENT: Extension granted. Defendants' opposition papers are due by Friday, March 8, 2013. Plaintiff's reply papers are due by Friday March 15, 2013. (Signed by Magistrate Judge Andrew J. Peck on 2/28/2013) (mt) (Entered: 02/28/2013)
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Request |
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| 52 |
Filed: 2/20/2013, Entered: None |
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|
ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Edward A. Keane dated 2/15/2013 re: NYKCool's Motion for Summary Judgment and supporting papers. ENDORSEMENT: Defendants' opposition papers are due by 3/1 and plaintiffs reply papers are due by 3/8. Set Deadlines/Hearing as to 49 MOTION for Summary Judgment. ( Responses due by 3/1/2013, Replies due by 3/8/2013.) (Signed by Magistrate Judge Andrew J. Peck on 2/20/2013) Copies Sent By ECF By Chambers. (cd) (Entered: 02/20/2013)
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Request |
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| 51 |
Filed: 2/15/2013, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 49 MOTION for Summary Judgment.. Document filed by NYKCool A.B.. (Wolfson, Garth) (Entered: 02/15/2013)
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Request |
|
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| 50 |
Filed: 2/15/2013, Entered: None |
|
|
DECLARATION in Support re: 49 MOTION for Summary Judgment.. Document filed by NYKCool A.B.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (Part 1), # 4 Exhibit 3 (Part 2), # 5 Exhibit 3 (Part 3), # 6 Exhibit 3 (Part 4), # 7 Exhibit 3 (Part 5), # 8 Exhibit 4 (Part 1), # 9 Exhibit 4 (Part 2), # 10 Exhibit 4 (Part 3), # 11 Exhibit 5 (Part 1), # 12 Exhibit 5 (Part 2), # 13 Exhibit 6 (Part 1), # 14 Exhibit 6 (Part 2), # 15 Exhibit 6 (Part 3), # 16 Exhibit 7, # 17 Exhibit 8, # 18 Exhibit 9, # 19 Exhibit 10, # 20 Exhibit 11, # 21 Exhibit 12)(Wolfson, Garth) (Entered: 02/15/2013)
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Request |
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| 49 |
Filed: 2/15/2013, Entered: None |
|
|
MOTION for Summary Judgment. Document filed by NYKCool A.B..(Wolfson, Garth) (Entered: 02/15/2013)
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Request |
|
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| 48 |
Filed: 2/15/2013, Entered: None |
|
|
NOTICE OF APPEARANCE by Garth S. Wolfson on behalf of NYKCool A.B. (Wolfson, Garth) (Entered: 02/15/2013)
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Request |
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| 47 |
Filed: 1/31/2013, Entered: None |
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|
ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Edward A. Keane dated 1/30/2013 re: Plaintiff does wish to file a motion for summary judgment. ENDORSEMENT: Approved. SJ Motion due 2/15/13. The parties should notify my chambers if they want a settlement conf. in light of the 2nd Circuit's denial of Pacific's appeal. (Motion due by 2/15/2013.) (Signed by Magistrate Judge Andrew J. Peck on 1/31/2013) (cd) (Entered: 01/31/2013)
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Request |
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| 46 |
Filed: 12/18/2012, Entered: 12/18/2012 |
Endorsed Letter |
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Request |
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|
| Save 25% on a pre-paid one year subscription. |
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| 45 |
Filed: 12/13/2012, Entered: 12/13/2012 |
Endorsed Letter |
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Request |
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| 44 |
Filed: 12/5/2012, Entered: 12/5/2012 |
Notice of Filing Transcript |
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|
Request |
|
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| 43 |
Filed: 12/5/2012, Entered: 12/5/2012 |
Transcript |
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|
Request |
|
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| 42 |
Filed: 12/4/2012, Entered: 12/4/2012 |
Order on Motion to Dismiss |
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| 41 |
Filed: 12/3/2012, Entered: 12/3/2012 |
Stipulation and Order |
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Request |
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| 40 |
Filed: 11/27/2012, Entered: 11/27/2012 |
Response |
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|
Request |
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| 39 |
Filed: 11/21/2012, Entered: 11/21/2012 |
Objection to Report and Recommendations |
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|
Request |
|
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| 38 |
Filed: 11/13/2012, Entered: 11/13/2012 |
Notice of Filing Transcript |
|
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|
Request |
|
|
|
| 37 |
Filed: 11/13/2012, Entered: 11/13/2012 |
Transcript |
|
|
|
Request |
|
|
|
| 36 |
Filed: 11/9/2012, Entered: 11/9/2012 |
Report and Recommendations |
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| 35 |
Filed: 10/26/2012, Entered: 10/26/2012 |
Endorsed Letter |
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Request |
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| 34 |
Filed: 10/26/2012, Entered: 10/26/2012 |
Answer |
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| 33 |
Filed: 10/19/2012, Entered: 10/19/2012 |
Notice of Filing Transcript |
|
|
|
Request |
|
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| 32 |
Filed: 10/19/2012, Entered: 10/19/2012 |
Transcript |
|
|
|
Request |
|
|
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| 31 |
Filed: 10/16/2012, Entered: 10/16/2012 |
Order |
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|
Request |
|
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| 30 |
Filed: 10/11/2012, Entered: 10/11/2012 |
Notice of Filing Transcript |
|
|
|
Request |
|
|
|
| 29 |
Filed: 10/11/2012, Entered: 10/11/2012 |
Transcript |
|
|
|
Request |
|
|
|
| 28 |
Filed: 9/27/2012, Entered: 9/27/2012 |
Rule 26(f) Discovery Plan Report |
|
|
|
Request |
|
|
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| 27 |
Filed: 9/11/2012, Entered: 9/11/2012 |
Reply Memorandum of Law in Support of Motion |
|
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|
Request |
|
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| 26 |
Filed: 9/7/2012, Entered: 9/7/2012 |
Scheduling Order |
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|
Request |
|
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| 25 |
Filed: 9/6/2012, Entered: 9/6/2012 |
Notice of Case Assignment/Reassignment |
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|
Request |
|
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| 24 |
Filed: 9/5/2012, Entered: 9/5/2012 |
Stipulation and Order |
|
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|
Request |
|
|
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| 23 |
Filed: 9/5/2012, Entered: 9/5/2012 |
Order Referring Case to Magistrate Judge |
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|
Request |
|
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| 22 |
Filed: 9/4/2012, Entered: 9/4/2012 |
Memorandum of Law in Opposition to Motion |
|
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|
Request |
|
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| 21 |
Filed: 8/20/2012, Entered: 8/20/2012 |
~Notice (other) |
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|
Request |
|
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| 20 |
Filed: 8/20/2012, Entered: 8/20/2012 |
~Notice (other) |
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|
Request |
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| 19 |
Filed: 8/20/2012, Entered: 8/20/2012 |
~Notice (other) |
|
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|
Request |
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| 18 |
Filed: 8/20/2012, Entered: 8/20/2012 |
Notice of Appearance |
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|
Request |
|
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| 17 |
Filed: 8/20/2012, Entered: 8/20/2012 |
Memorandum of Law in Support of Motion |
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|
Request |
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| 16 |
Filed: 8/20/2012, Entered: 8/20/2012 |
Motion to Dismiss |
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|
Request |
|
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| 15 |
Filed: 8/20/2012, Entered: 8/20/2012 |
Rule 7.1 Corporate Disclosure Statement |
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|
Request |
|
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| 14 |
Filed: 8/17/2012, Entered: 8/17/2012 |
Affidavit of Service Complaints |
|
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|
Request |
|
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| 13 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
|
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|
Request |
|
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| 12 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
|
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|
Request |
|
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| 11 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
|
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|
Request |
|
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| 10 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
|
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|
Request |
|
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| 9 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
|
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|
Request |
|
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| 8 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
|
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|
Request |
|
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| 7 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
|
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|
Request |
|
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| 6 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
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|
Request |
|
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| 5 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
|
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|
Request |
|
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| 4 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
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|
Request |
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| 3 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
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Request |
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| 2 |
Filed: 8/6/2012, Entered: 8/6/2012 |
Affidavit of Service Complaints |
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Request |
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| 1 |
Filed: 7/26/2012, Entered: 8/3/2012 |
Complaint |
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Request |
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