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04-1244 - Felskowski v. Sealift, Inc. et al


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04-1244 - Felskowski v. Sealift, Inc. et al
March 16, 2009
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REPORT AND RECOMMENDATIONS re cross-motions for summary judgment. I respectfully recommend that plaintiffs motion for partial summary judgment be granted as discussed above as to their claims under section 11107 for violation of sections 10302, 8103(b) and 8701 and denied in all other respects. I further recommend that defendants' motions for summary judgment and to compel arbitration or to dismiss be denied. Ordered by Magistrate Judge Marilyn D. Go on 3/16/2009. Associated Cases: 1:05-cv-04659-DLI-MDG, 1:04-cv-01244-DLI-MDG (Proujansky, Josh)
September 30, 2009
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ORDER in case 1:04-cv-01244-DLI-MDG; granting in part and denying in part (100) Motion to Deposit Funds in case 1:05-cv-04659-DLI-MDG - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the motion to declare the stipulation void is denied. The court grants the movant's alternative request to deposit funds with the Clerk of the Court, and directs the Clerk of the Court to accept the proceeds from the sale of the Wilson vessel and to deposit said proceeds into an interest-bearing account, where they shall remain for the remainder of this litigation or until a subsequent order by the court directs their disposition. SO ORDERED by Judge Dora Lizette Irizarry on 9/29/2009. Associated Cases: 1:05-cv-04659-DLI-MDG, 1:04-cv-01244-DLI-MDG, 1:06-cv-05305-DLI-MDG (Irizarry, Dora)
March 26, 2010
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ORDER in case 1:04-cv-01244-DLI-MDG; granting in part and denying in part (74) Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART PLAINTIFFS' PARTIAL MOTION FOR SUMMARY JUDGMENT AND ADOPTING IN PART AND MODIFYING IN PART (109) Report and Recommendations. in case 1:05-cv-04659-DLI-MDG, AND 06-CV-5305, AND 04-CV-1244 -- On March 16, 2009, the Hon. Marilyn D. Go, U.S. Magistrate Judge, issued a Report and Recommendation on defendants' motion for summary judgment and to compel arbitration, and plaintiffs' motion for partial summary judgment (the "R & R"). Judge Go recommended that plaintiffs' motion for partial summary judgment be granted as to their claims under 46 U.S.C.§ 11107 and denied in all other respects. She further recommended that defendants' motions for summary judgment and to compel arbitration or to dismiss be denied. On April 13, 2009, defendants filed objections to the R & R, and, on April 23, 2009, plaintiffs filed a memorandum in support of the R & R and in opposition to defendants' objections. Upon due consideration and for the reasons set forth in the ATTACHED WRITTEN ORDER ADOPTING IN PART AND MODIFYING IN PART THE R & R, it is hereby ORDERED that the R & R is modified to the extent that defendants' motions to compel arbitration as to the eight plaintiffs for whom defendants produced executed copies of the Standard Terms, and for summary judgment as to the penalty wage statute under 46 U.S.C. § 10313 are granted. The court adopts the R & R in all other respects. SO ORDERED by Judge Dora Lizette Irizarry on 3/26/2010. (Irizarry, Dora)
September 30, 2013
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ORDER in case 1:04-cv-01244-DLI-MDG; denying (182) Motion for Summary Judgment; denying (184) Motion for Summary Judgment in case 1:05-cv-04659-DLI-MDG - For the reasons set forth in the ATTACHED WRITTEN OPINION, Defendants' motion for summary judgment based on the ground of laches is DENIED. Genuine issues of material fact remain as to the defense of laches. The applicable analogous statute of limitations is three years, pursuant to CPLR Section 214(2). As for claims filed outside the applicable three-year statute of limitation, Plaintiffs bear the burden of proof on those issues. Whereas, for claims filed within the three-year period, Defendants bear the burden of proof. This matter is referred to the magistrate judge for further pretrial proceedings. SO ORDERED by Judge Dora Lizette Irizarry on 9/30/13. (Irizarry, Dora)
March 30, 2015
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ORDER denying (107) Motion for Reconsideration in case 1:04-cv-01244-DLI-MDG; denying (218) Motion for Reconsideration in case 1:05-cv-04659-DLI-MDG; denying (75) Motion for Reconsideration in case 1:06-cv-05305-DLI-MDG -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Plaintiffs' motion for reconsideration of this Court's September 30, 2013 Opinion and Order is DENIED in its entirety. SO ORDERED by Judge Dora Lizette Irizarry on 3/30/2015. (Irizarry, Dora)
August 30, 2016
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e executed. SO ORDERED by Chief Judge Dora Lizette Irizarry on 8/30/2016. Associated Cases: 1:05-cv-04659-DLI-MDG, 1:04-cv-01244-DLI-MDG, 1:06-cv-05305-DLI-MDG (Irizarry, Dora)ORDER re (227 in 1:05-cv-04659-DLI-MDG) Letter filed by Sealift Inc.,, Fortune Maritime, Inc., Victory Maritime, Inc., Sagamore Shipping, Inc. -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the initial eight Filipino plaintiffs as well as the newly discovered fifty-eight seamen for whom contracts containing express arbitration agreements have been produced are compelled to arbitration and only for the employment periods for which the respective contracts wer
March 30, 2018
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ORDER denying (119) Motion to Amend/Correct/Supplement; denying (121) Motion to Amend/Correct/Supplement in case 1:04-cv-01244-DLI-JO; denying (243) Motion to Amend/Correct/Supplement; denying (245) Motion to Amend/Correct/Supplement in case 1:05-cv-04659-DLI-JO; denying (84) Motion to Amend/Correct/Supplement; denying (86) Motion to Amend/Correct/Supplement in case 1:06-cv-05305-DLI-JO --- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, the parties' cross-motions to amend or adjust the security and liens in this matter are denied. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)
March 30, 2018
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ORDER in case 1:04-cv-01244-DLI-JO; granting (232) Motion for Partial Summary Judgment in case 1:05-cv-04659-DLI-JO --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendants' motion for partial summary judgment is granted. Accordingly, the Court finds that the terms "engage" and "engagement" have their ordinary meaning, and the "port of engagement" refers to the port of hire. Defendants engaged Class Plaintiffs in Manila, Republic of the Philippines, and Gdynia, Poland. This matter is referred to the magistrate judge for further pretrial proceedings, including settlement discussions, particularly as the parties have represented that a decision of this motion would likely result in settlement of this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)