Opinion
21-cv-08183 21-CV-08334 21- CV-10857 21- CV-11171 21- CV-11173 21- CV-11176 21- cv-11213 22- CV-00139 22- cv-00148 22- CV-00155 22- CV-00194 22- CV-00196 22- cv-00265 22- cv-00284 22- CV-00306 22- CV-00366 22- CV-00370 22- CV-00372 22- CV-00374 22- cv-00386 22- CV-00388 22- CV-00445 22- CV-00460 22- CV-00461 22- CV-00766 22- CV-01499
03-02-2022
In re MAERSK ESSEN VOYAGE 051 SHIPPER CASES This Filing Relates to ALL MATTERS
ORDER CONSOLIDATING CASES FOR PRETRIAL PURPOSES AND SCHEDULING ORDER
McMahon, J.
Whereas the court has accepted each of the above captioned lawsuits as “related cases” due to the fact that each arises out of Voyage 051 of the vessel known as the Maersk Essen and is brought by or in right of a shipper who lost cargo on said voyage; and t
Whereas, this court had already consolidated ten of the above-captioned cases for pre-trial purposes under the case number 21-cv-11213 (see Civ. No. 21 cv 11213, at Dkt. Nos. 6, 7); and
Whereas on February 3, 2022, the court learned that a second group of cases brought by or in right of shippers who lost cargo on Voyage 051 of the Maersk Essen were assigned to my colleague, The Hon. Edgardo Ramos, and had been consolidated under lead case number 21-cv- 08183 and assigned for pretrial purposes to Magistrate Judge Gabriel Gorenstein; and
Whereas the cases before Judge Ramos were reassigned to this court as related on February 11, 2022, and Magistrate Judge Gorenstein was designated as the Magistrate Judge on all of those cases; and
Whereas Case Number 22-cv-00148, assigned to my colleague The Hon. Lewis A Liman, was reassigned to this court on February 11, 2022, and Magistrate Judge Gorenstein was designated as the Magistrate Judge; and
Whereas Case Number 22-cv-00461, assigned to my colleague The Hon. Mary Kay Vyskocil, was reassigned to this court on February 11, 2022, and Magistrate Judge Gorenstein was designated as the Magistrate Judge; and
Whereas Case Number 22-cv-01499 was filed on February 23, 2022 as a related case and referred to this court, which is now accepted the case as related, and Magistrate Judge Gorenstein is to be designated as the Magistrate Judge; and
Whereas Case Number 22-cv-00460, assigned to my colleague The Hon. Paul A. Gardephe, was reassigned to this court on March 1, 2022, and Magistrate Judge Gorenstein is being designated as the Magistrate Judge; and
Whereas Case Number 21-cv- 10857, assigned to my colleague The Hon. Jed s. Rakoff, was reassigned to this court on March 1, 2022, and Magistrate Judge Gorenstein is being designated as the Magistrate Judge; and
Whereas, it is the view of this court that, all cases brought by or in right of shippers of cargo on Voyage 051 of the Maersk Essen against the vessel and/or anyone who can be sued in right of the vessel should be coordinated before a single district judge; and
Whereas, it is the view of this court that all the Maersk Essen Voyage 051 Shipper Cases should be assigned to the same Magistrate Judge, and the court has asked the Assignment Committee to designate Magistrate Judge Gorenstein for that purpose; and
Whereas, it is the view of this court that consolidating all the Maersk Essen Voyage 051 Shipper Cases for pre-trial purposes will facilitate the administration and disposition of these cases;
IT IS HEREBY ORDERED, that the following cases are administratively consolidated, at present for pre-trial purposes only, under the Master Case Number 21-cv-08183- which is the first filed of these cases - under the rubric “In re: Maersk Essen Voyage 051 Shipper Cases:”
• 21-cv-08183
• 21-CV-08334
• 21-CV-10857
• 21-CV-11171
• 21-CV-11173
• 21-CV-11176
• 21-CV-11213
• 22-CV-00139
• 22-cv-00148
• 22-CV-00155
• 22-CV-00194
• 22-CV-00196
• 22-CV-00265
• 22-cv-00284
• 22-CV-00306
• 22-cv-00366
• 22-CV-00370
• 22-CV-00372
• 22-CV-00374
• 22-CV-00386
• 22-CV-00388
• 22-CV-00445
• 22-CV-00460
• 22-CV-0046I
• 22-CV-00766
• 22-cv-01499
And it is further
ORDERED, that the caption to be used for as long as this order is operative shall be as follows:
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
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In re MAERSK ESSEN Voyage 051 Shipper Cases
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This filing relates to: ALL CASES or to a SPECIFIC CASE NUMBER, as appropriate
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And it is further
21 cv 08183 (CM) (GWG)
ORDERED, that motions filed in connection with specific cases must be posted to ECF under both the Master Case Number and the civil action number assigned to the individual case; And it is further
ORDERED, that if any party to this litigation becomes aware of a case that should be consolidated into the matter known as In re: Maersk Essen Voyage 051 Shipper Cases, that party shall notify the court immediately; and it is further
ORDERED, that if for any reason any subsequently-filed case cannot be consolidated into In re: Maersk Essen Voyage 051 Shipper Cases, including but not limited to because of a conflict of interest on the part of the presiding District or Magistrate Judge that is both unwaivable and incurable, or if such a conflict develops in any of the cases already consolidated by virtue of this order, all reasonable efforts will be made to coordinate proceedings before any other assigned judge with proceedings in In re: Maersk Essen Voyage 051 Shipper Cases; and it is further
ORDERED, that the only cases to be consolidated as part of In re: Maersk Essen Voyage 051 Shipper Cases are cases brought by or in right of shippers who lost cargo on this voyage, and that other types of cases that may arise out of this voyage, including specifically disputes between shippers and insurers over insurance coverage for cargo lost on this voyage, will not be deemed to be related cases and will not be handled as part of this consolidated action; and Sufficient cause appearing therefore, it is further
ORDERED, that the civil case management conference currently scheduled for March 3, 2022, is adjourned, at the request of the parties (see Civ. No. 21 cv 11213, at Dkt. No. 29) to facilitate settlement discussions and the possible coordination of discovery. The case management conference will be held before Judges McMahon and Gorenstein on April 25, 2022 at 10:00 am in Courtroom 24A of the Daniel Patrick Moynihan United States Courthouse. The parties are advised that the court will not further adjourn this conference.