Case Details

CourtCourt of Appeals for the Third Circuit
Docket number11-2576
Date case filed06/16/2011
Date case closed05/16/2013
Date of latest filing
Assigned to
Case cause
Nature of suit3890 Other Statutory Actions
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
00301056451906/16/2011 CIVIL CASE DOCKETED. Notice filed by Appellants Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA in District Court No. 2-05-cv-00305.--[Edited 06/03/2013 by LML] (TMM)
00301056485306/16/2011 ORDER (Clerk) The appeals at Nos. 11-2576 and 11-2577 are hereby consolidated for purposes of scheduling, joint appendix, Appellees' brief, and disposition. Appellants are encouraged to consult with one another regarding the contents of their briefs as the Court disfavors repetitive briefs. The parties may file a consolidated brief or join in or adopt portions by reference. It is noted that Citgo Asphalt Refining Company, Citgo Petroleum Corporation, and Citgo East Coast Oil Company are the only Appellees in these cases, filed. [11-2576, 11-2577] (TMM)
00301056633106/17/2011 ECF FILER: ENTRY OF APPEARANCE from John J. Levy on behalf of Appellant(s) Frescati Shipping Co. Ltd and Tsakos Shipping & Trading, S.A.--[Edited 06/17/2011 by TYW] (JJL)
00301056641906/17/2011 ECF FILER: ENTRY OF APPEARANCE from Alfred J. Kuffler on behalf of Appellant(s) Frescati Shipping Company, Ltd Tsakos Shipping and Trading, S.A..--[Edited 06/17/2011 by TYW] (AJK)
00301056644806/17/2011 ECF FILER: ENTRY OF APPEARANCE from Alfred J. Kuffler John J. Levy on behalf of Appellant(s) Frescati Shipping Company, Ltd. Tsakos Shipping and Trading, S.A.. (AJK)
00301056884806/20/2011 ECF FILER: ENTRY OF APPEARANCE from John D. Kimball on behalf of Appellant(s) Frescati Shipping Company and Tsakos Shipping & Trading,S.A.. (JDK)
00301056885406/20/2011 ECF FILER: ENTRY OF APPEARANCE from Jack A. Greenbaum on behalf of Appellant(s) Frescati Shipping Company, Ltd. and Tsakos Shipping & Trading, S.A.. (JAG)
00301056994806/21/2011 ECF FILER: ENTRY OF APPEARANCE from Frank P. DeGiulio on behalf of Appellee(s) CITGO Asphalt Refining Company; CITGO Petroleum Corporation; CITGO East Coast Corporation. (FPD)
00301056996406/21/2011 ECF FILER: ENTRY OF APPEARANCE from Richard Q. Whelan on behalf of Appellee(s) CITGO Asphalt Refining Company; CITGO Petroleum Corporation; CITGO East Coast Corporation. (RQW)
00301057073206/22/2011 ECF FILER: ENTRY OF APPEARANCE from Derek A. Walker on behalf of Appellee(s) CITGO Asphalt Refining Company; CITGO Petroleum Corporation; and CITGO East Coast Corporation. (RQW)
00301057074106/22/2011 ECF FILER: ENTRY OF APPEARANCE from Douglas L. Grundmeyer on behalf of Appellee(s) CITGO Asphalt Refining Company; CITGO Petroleum Corporation; and CITGO East Coast Corporation. (RQW)
00301057108106/22/2011 NONCOMPLIANCE Order sent to Attorney Derek A. Walker, Esq. for Appellees Citgo Asphalt Refining Company, Citgo E Coast Oil Co and Citgo Petro Corp. Appearance Form cannot be filed until Attorney is Admitted to the Third Circuit. Compliance due 07/06/2011. [11-2576, 11-2577] (TMM)
00301057257906/23/2011 ECF FILER: ENTRY OF APPEARANCE from Derek A. Walker on behalf of Appellee(s) CITGO Asphalt Refining Company; CITGO Petroleum Corporation; and CITGO East Coast Corporation. (DAW)
00301058137806/30/2011 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Frescati Shipping Co Ltd, filed. (JAG)
00301058139206/30/2011 ECF FILER: Concise Summary of the Case filed by Appellants Tsakos Shipping and Trading SA, filed.--[Edited 07/06/2011 by TMM] (JAG)
00301058143506/30/2011 ECF FILER: Concise Summary of the Case filed by Appellants Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA, received. (JAG)
00301058162906/30/2011 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA advising this court that transcripts are already on file in the District Court. (JAG)
00301058175606/30/2011 ECF FILER: ENTRY OF APPEARANCE from J. Dwight LeBlanc, Jr. on behalf of Appellee(s) CITGO Asphalt Refining Company; CITGO Petroleum Corporation; and CITGO East Coast Corporation. (JDL)
00301058180306/30/2011 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Citgo Asphalt Refining Company, filed. (FPD)
00301058181106/30/2011 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Citgo E Coast Oil Co, filed. (FPD)
00301058181806/30/2011 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Citgo Petro Corp, filed. (FPD)
00301058192806/30/2011 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA, filed. (JAG)
00301058193306/30/2011 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Tsakos Shipping and Trading SA, filed. (JAG)
00301065701009/16/2011 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Frescati Shipping Co Ltd, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA, Tsakos Shipping and Trading SA, United States of America in 11-2577 due on or before 10/26/2011. Appendix due on or before 10/26/2011. [11-2576, 11-2577] (TMM)
00301068145510/11/2011 ECF FILER: ENTRY OF APPEARANCE from Eugene J. O'Connor on behalf of Appellant(s) Frescati Shipping Company, Ltd. Tsakos Shipping & Trading, S.A.. (JJL)
00301068491110/13/2011 ECF FILER: JOINT Motion filed by Appellees Citgo Asphalt Refining Company, Citgo E Coast Oil Co and Citgo Petro Corp in 11-2576, 11-2577 for leave to file a deferred appendix. Certificate of Service dated 10/13/2011. [11-2576, 11-2577] (RQW)
00301068667210/17/2011 ORDER (Clerk) Joint Motion by all parties for leave to file deferred appendix is granted. The appendix must be filed and served within 21 days of the date of service of the Respondent's brief. On or before the established briefing deadlines, the parties must file and serve only the electronic version of the briefs containing references to the record. The parties must re-file and re-serve the electronic version of the briefs and file all required paper copies containing references to the appendix within 14 days of the appendix is filed, filed. [11-2576, 11-2577] (TMM)
00301071412511/09/2011 ECF FILER: ELECTRONIC PROOF BRIEF on behalf of Appellants Frescati Shipping Co Ltd, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA and Tsakos Shipping and Trading SA in 11-2576 only, filed. Certificate of Service dated 11/09/2011 by ECF. [Changed docket text].--[Edited 11/15/2011 by MCW] (JAG)
00301071975911/16/2011 ECF FILER: ELECTRONIC PROOF BRIEF with Supplemental Appendix attached on behalf of Amici Appellants BIMCO, International Association of Dry Cargo Shipowners and International Association of Independent Tanker Owners in support of Appellant/Petitioner, filed. Certificate of Service dated 11/16/2011 by ECF, US mail. [11-2577, 11-2576] [Entry edited by the Clerk's Office to reflect that supplemental appendix is attached to brief]--[Edited 11/17/2011 by MS] (WJH)
00301072051211/17/2011 NON COMPLIANCE Order issued to Amicus Appellants BIMCO, Intl Assn of Dry Cargo Shipowners and Intl Assn of Independent Tank Owners in 11-2577, 11-2576 regarding the amicus brief filed on 11/16/2011. Please open the attachment for the full text of the Order. Compliance due by 11/21/2011. [11-2577, 11-2576] (MS)
00301072282511/18/2011 ECF FILER: SUPPLEMENTAL Motion filed by Amicus Appellants BIMCO, Intl Assn of Dry Cargo Shipowners and Intl Assn of Independent Tank Owners in 11-2577, 11-2576 to supplement the appendix. Certificate of Service dated 11/18/2011. [11-2577, 11-2576] (WJH)
00301073317611/30/2011 ECF FILER: UNOPPOSED Motion filed by Appellees Citgo Asphalt Refining Company, Citgo E Coast Oil Co and Citgo Petro Corp in 11-2576, 11-2577 for Extension of Time to file Appelle's Brief until/for 45 Days. Certificate of Service dated 11/30/2011. [11-2576, 11-2577] (RQW)
00301073546312/02/2011 ORDER (Clerk) granting Motion for extension of time filed by Appellees Citgo E Coast Oil Co, Citgo Asphalt Refining Company and Citgo Petro Corp. Appellees' brief must be filed and served on or before January 26, 2012, filed. [11-2576, 11-2577] (MB)
00301074715412/06/2011 ORDER (Clerk) granting Motion by Amicus Appellants BIMCO, Intl Assn of Dry Cargo Shipowners and Intl Assn of Independent Tank Owners for Leave to File Supplemental Appendix with filing as of November 16, 2011, filed. [11-2576, 11-2577] (PDF document containing Clerk Order has been replaced with correct Court Order page by the Office of the Clerk..)--[Edited 12/14/2011 by LAL (MS)
00301075313112/20/2011 ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Amicus Appellants BIMCO, Intl Assn of Dry Cargo Shipowners and Intl Assn of Independent Tank Owners in 11-2577, 11-2576 containing Amici Curiae Brief Erratum , filed. Certificate of Service dated 12/20/2011 by US mail, ECF. [11-2577, 11-2576] - SEND TO MERITS PANEL (WJH)
00301077058001/09/2012 ECF FILER: JOINT Motion for Leave to Exceed Type-Volume Limitation in Appellees' Brief and in Frescati's/Tsakos's Reply Brief with Expedited Consideration. Certificate of Service dated 01/09/2012. [11-2576, 11-2577]--[Edited 01/09/2012 by TMM] (RQW)
00301077346401/11/2012 ECF FILER: SUPPLEMENTAL LETTER ADDENDUM in Support of JOINT MOTION for Leave to Exceed Type-Volume Limitation in order to address Third Cicuit Standing Order Dated 1/9/12 , filed. Certificate of Service dated 01/11/2012 by ECF. [11-2576, 11-2577]--[Edited 01/11/2012 by TMM] (RQW)
00301078143701/19/2012 ECF FILER: UNOPPOSED Motion filed by Appellees Citgo Asphalt Refining Company, Citgo E Coast Oil Co and Citgo Petro Corp in 11-2576, 11-2577 for Extension of Time to file Appellees' Brief until/for 14 Days. Certificate of Service dated 01/19/2012. [11-2576, 11-2577] (RQW)
00301078452001/23/2012 ORDER (Clerk) Motion by Appellees for extension of time to file brief is granted. Appellees' brief must be filed and served on or before February 9, 2012, filed. [11-2576, 11-2577] (TMM)
00301078839101/25/2012 ORDER (MCKEE,Chief Judge, SLOVITER and SMITH, Circuit Judges) The joint motion for leave to exceed type-volume limitation and the supplement to the motion are considered. The motion is denied as presented with respect to Appellees' request to file an overlength brief. Appellees may file a brief not to exceed 21,000 words. The motion is denied insofar as Appellants Frescati and Tsokas seek leave to file an overlength reply brief, filed. Panel No.: XCO-001-E. McKee, Authoring Judge. [11-2576, 11-2577]--[Edited 01/25/2012 by TMM] (TMM)
00301080549102/09/2012 ECF FILER: ELECTRONIC PROOF BRIEF on behalf of Appellees Citgo Asphalt Refining Company, Citgo E Coast Oil Co and Citgo Petro Corp in 11-2576, 11-2577, filed. Certificate of Service dated 02/09/2012 by ECF. [11-2576, 11-2577] (RQW)
00301081069002/16/2012 ECF FILER: Request by Appellant USA for Oral Argument. [SEND TO MERITS] [11-2577, 11-2576]--[Edited 02/16/2012 by TMM] (AM)
00301081165702/16/2012 ECF FILER: ENTRY OF APPEARANCE from George R. Zacharkow on behalf of Amicus Curiae See Attached Sheet. [11-2577, 11-2576] (GRZ)
00301081168002/16/2012 ECF FILER: ELECTRONIC AMICUS/INTERVENOR PROOF BRIEF With addendum attached on behalf of South Jersey Port Corporation, Gloucester Terminals, LLC, Greenwich Terminals, LLC, Delaware River Stevedores, Inc., Penn Terminals, Inc., Penn Warehousing & Distribution, Inc., Horizon Stevedoring, Inc., Kinder Morgan Energy Partners, L.P., The Philadelphia Regional Port Authority, The International Liquid Terminal Association, The American Fuels & Petrochemical Manufacturers Association and The American Association of Port Authorities in support of Appellee/Respondent, filed. (With Consent of all Patties.) Certificate of Service dated 02/16/2012 by US mail, ECF. [11-2577, 11-2576] (Docket text edited by the Office of the Clerk to include the names of Amicus filers.)--[Edited 02/21/2012 by LAL] (GRZ)
00301081173602/16/2012 ECF FILER: Request by Appellants Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA for Oral Argument. [SEND TO MERITS] [11-2576, 11-2577]--[Edited 02/17/2012 by TMM] (JJL)
00301081177702/16/2012 ECF FILER: ELECTRONIC ADDENDUM TO AMICUS/INTERVENOR PROOF BRIEF on behalf of South Jersey Port Corporation, Gloucester Terminals, LLC, Greenwich Terminals, LLC, Delaware River Stevedores, Inc., Penn Terminals, Inc., Penn Warehousing & Distribution, Inc., Horizon Stevedoring, Inc., Kinder Morgan Energy Partners, L.P., The Philadelphia Regional Port Authority, The International Liquid Terminal Association, The American Fuels & Petrochemical Manufacturers Association and The American Association of Port Authorities containing additional certification for Amicus Brief, filed. Certificate of Service dated 02/16/2012 by ECF. [11-2577, 11-2576] (Electrtonic event and docket text edited by the Office of the Clerk to reflect proper event and Amicus filers names.)--[Edited 02/21/2012 by LAL] (GRZ)
00301081600602/22/2012 ECF FILER: UNOPPOSED Motion filed by Appellants Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA for Extension of Time to file deferred joint appendix until/for 3/19/2012 and file final briefs within 14 days after the joint appendix is filed. Certificate of Service dated 02/22/2012. [11-2576, 11-2577] (JJL)
00301081604802/22/2012 ECF FILER: Response filed by Appellees Citgo Asphalt Refining Company, Citgo E Coast Oil Co and Citgo Petro Corp to Appellants' Request for Oral Argument. Certificate of Service dated 02/22/2012. SEND TO MERITS. [11-2577, 11-2576]--[Edited 02/23/2012 by TMM] (RQW)
00301082233002/29/2012 ORDER (Clerk) Unopposed Joint Motion by Appellants for extension of time to file deferred joint appendix and final briefs is granted. Appellants' joint appendix must be filed and served on or before March 19, 2012. The parties must re-file and re-serve the electronic version of the briefs and file all required paper copies containing references to the appendix 14 days thereafter, filed. [11-2576, 11-2577] (TMM)
00301083422703/12/2012 ECF FILER: ELECTRONIC PROOF REPLY BRIEF with Addendum attached on behalf of Appellants Frescati Shipping Co Ltd, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA and Tsakos Shipping and Trading SA, filed. Certificate of Service dated 03/12/2012 by ECF. [Brief was mistakenly spread and has been removed from case no. 11-2577]--[Edited 03/12/2012 by EMA] (JAG)
00301084209703/19/2012 ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellants Frescati Shipping Co Ltd, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA and Tsakos Shipping and Trading SA in 11-2576, filed. Certificate of service dated 03/19/2012 by ECF. [11-2576, 11-2577]--[Entry edited by the Clerk's Office to reflect all party filers]--[Edited 03/20/2012 by MS] (JJL)
00301085169803/28/2012 ECF FILER: ELECTRONIC ADDENDUM to JOINT APPENDIX on behalf of Appellant Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA in 11-2576 containing pages that were inadvertently omitted from appendix, filed. Certificate of service dated 03/28/2012 by ECF. [Entry edited by Clerk's Office to reflect the correct event] [11-2576, 11-2577]--[Edited 03/28/2012 by EMA] (JJL)
00301085304303/29/2012 ECF FILER: ELECTRONIC FINAL BRIEF with Volume I of Appendix attached on behalf of Appellants Frescati Shipping Co Ltd, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA and Tsakos Shipping and Trading SA in 11-2576, filed. Certificate of Service dated 03/29/2012 by ECF. [Entry was mistakenly spread and removed from case no. 11-2577]--[Edited 03/29/2012 by EMA] (JAG)
00301085305103/29/2012 ECF FILER: ELECTRONIC FINAL REPLY BRIEF on behalf of Appellants Frescati Shipping Co Ltd, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA and Tsakos Shipping and Trading SA in 11-2576, filed. Certificate of Service dated 03/29/2012 by ECF. [Entry was mistakenly spread and removed from case no. 11-2577]--[Edited 03/29/2012 by EMA] (JAG)
00301085602104/02/2012 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Citgo Asphalt Refining Company, Citgo E Coast Oil Co and Citgo Petro Corp in 11-2577, 11-2576, filed. Certificate of Service dated 04/02/2012 by ECF. [11-2577, 11-2576] (RQW)
00301085677404/02/2012 ECF FILER: ELECTRONIC AMICUS/INTERVENOR BRIEF on behalf of Amicus Appellants BIMCO, Intl Assn of Dry Cargo Shipowners and Intl Assn of Independent Tank Owners in 11-2577, 11-2576 in support of Appellant/Petitioner, filed. Certificate of Service dated 04/02/2012 by ECF. [11-2577, 11-2576] (WJH)
00301085678704/02/2012 ECF FILER: SUPPLEMENTAL ELECTRONIC APPENDIX on behalf of Amicus Appellants BIMCO, Intl Assn of Dry Cargo Shipowners and Intl Assn of Independent Tank Owners in 11-2577, 11-2576, filed. Certificate of service dated 04/02/2012 by ECF. [11-2577, 11-2576] (WJH)
00301085681604/02/2012 ECF FILER: ELECTRONIC AMICUS/INTERVENOR FINAL BRIEF With addendum attached on behalf of Amicus Appellees American Association of Port Authorities, American Fuels and Petrochemical Manufactures Association, Delaware River Stevedores Inc, Gloucester Terminals LLC, Greenwich Terminals, Horizon Stevedoring Inc, International Liquid Terminal Association, Kinder Morgan Energy Partners, RP, Penn Terminal, Inc., Penn Warehousing and Distribution Inc, Philadelphia Regional Port Authority and South Jersey Port Corp in 11-2577, 11-2576 , filed. Certificate of Service dated 04/02/2012 by ECF, 3rd party. [11-2577, 11-2576] (Docket text edited by the Office of the Clerk to include addendum information.)--[Edited 04/04/2012 by LAL] (GRZ)
00301085756204/03/2012 ECF FILER: Terminal Amici's Motion for Leave to File a Supplemental Appendix to Include Exhibit D-756 filed by Amicus Appellees American Association of Port Authorities, American Fuels and Petrochemical Manufactures Association, Delaware River Stevedores Inc, Gloucester Terminals LLC, Greenwich Terminals, Horizon Stevedoring Inc, International Liquid Terminal Association, Kinder Morgan Energy Partners, RP, Penn Terminal, Inc., Penn Warehousing and Distribution Inc, Philadelphia Regional Port Authority and South Jersey Port Corp in 11-2577. Certificate of Service dated 04/03/2012. [11-2577, 11-2576] (Docket test and electronic event edited by the Office of the Clerk to reflect proper event.)--[Edited 04/04/2012 by LAL] (GRZ)
00301085795204/03/2012 NON COMPLIANCE Order issued to Appellees Citgo Asphalt Refining Company, Citgo E Coast Oil Co and Citgo Petro Corp in 11-2576 and 11-2577 regarding the final brief filed on 04/02/2012. Please open the attachment for the full text of the Order. Compliance due by 04/06/2012. [11-2576, 11-2577] (LAL)
00301085809104/03/2012 ECF FILER: SUPPLEMENTAL ELECTRONIC APPENDIX on behalf of Amicus Appellees American Association of Port Authorities, American Fuels and Petrochemical Manufactures Association, Delaware River Stevedores Inc, Gloucester Terminals LLC, Greenwich Terminals, Horizon Stevedoring Inc, International Liquid Terminal Association, Kinder Morgan Energy Partners, RP, Penn Terminal, Inc., Penn Warehousing and Distribution Inc, Philadelphia Regional Port Authority and South Jersey Port Corp in 11-2577, filed. Certificate of service dated 04/03/2012 by ECF, US mail. [11-2577, 11-2576] (GRZ)
00301085822804/03/2012 NON COMPLIANCE Order issued to Amicus Appellants BIMCO, Intl Assn of Dry Cargo Shipowners and Intl Assn of Independent Tank Owners in 11-2576, 11-2577 regarding the brief and supplemental appendix filed on 04/02/2012. Please open the attachment for the full text of the Order. Compliance due by 04/06/2012. [11-2576, 11-2577] (LAL)
00301085938004/04/2012 ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Appellees Citgo Asphalt Refining Company, Citgo E Coast Oil Co and Citgo Petro Corp in 11-2576, 11-2577 containing Addendum with revised citations in Table of Authorities to address the Non-Compliance Order of 4/03/12 and to comply with LAR 28.3, filed. Certificate of Service dated 04/03/2012 by ECF. [11-2576, 11-2577] (RQW)
00301086094404/05/2012 ECF FILER: ELECTRONIC BRIEF on behalf of Appellant Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA, filed. Certificate of Service dated 04/05/2012 by ECF. [11-2576) (Entry was mistakenly spread and removed from case no. 11-2577 by the Office of the Clerk. Cases are consolidted for deferred appendix, Appellee's brief and disposition only)--[Edited 04/06/2012 by LAL] (JJL)
00301086095704/05/2012 ECF FILER: CORRECTED ELECTRONIC REPLY BRIEF on behalf of Appellant Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA, filed. Certificate of Service dated 04/05/2012 by ECF. [11-2576] (Entry was mistakenly spread and has been removed from case no. 11-2577 by the Office of the Clerk. Cases are consolidted for deferred appendix, Appellee's brief and disposition only)--[Edited 04/06/2012 by LAL] (JJL)
00301086141504/06/2012 ORDER (Clerk) granting Motion filed by Amicus Appellees South Jersey Port Corp, Kinder Morgan Energy Partners, RP, Greenwich Terminals, Philadelphia Regional Port Authority, Delaware River Stevedores Inc, Penn Terminal, Inc., Gloucester Terminals LLC, Penn Warehousing and Distribution Inc, Horizon Stevedoring Inc, International Liquid Terminal Association, American Fuels and Petrochemical Manufactures Association and American Association of Port Authorities for leave to file a supplemental appendix with filing as of April3, 2012, filed. [11-2576, 11-2577] (LAL)
00301090753405/22/2012 ECF FILER: LETTER from Attorney Anne Murphy, Esq. for Appellant USA in 11-2577. Counsel is unavailable for the following dates: 09/28/2012, [11-2577, 11-2576] (AM)
00301091964706/05/2012 Calendared for Thursday, 09/20/2012. [11-2577, 11-2576] (TLW)
00301092143606/07/2012 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Jack A. Greenbaum, Esq. for Appellants Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA. Certificate of Service dated 06/07/2012. [Entry was mistakenly spread to additional docket and has been removed from the docket at No. 11-2577.]--[Edited 06/08/2012 by TLW] (JAG)
00301092555606/12/2012 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Richard Q. Whelan, Esq. for Appellees Citgo E Coast Oil Co, Citgo Asphalt Refining Company and Citgo Petro Corp in 11-2577, 11-2576. Certificate of Service dated 06/12/2012. [11-2577, 11-2576] (RQW)
00301100058208/27/2012 Oral Argument Notification for Thursday, 09/20/2012. [11-2576, 11-2577] (TLW)
00301100659009/04/2012 ECF FILER: DIVISION OF TIME FORM filed by Attorney Anne Murphy, Esq. for Appellant USA. Certificate of Service dated 09/04/2012. [11-2577, 11-2576] (AM)
00301102049609/18/2012 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Richard Q. Whelan, Esq. for Appellees Citgo E Coast Oil Co, Citgo Asphalt Refining Company and Citgo Petro Corp in 11-2577, 11-2576. Certificate of Service dated 09/18/2012. [11-2577, 11-2576] (RQW)
00301102306409/20/2012 CLERK'S LETTER to counsel written at the direction of the Court. During oral argument on Thursday, September 20, 2012, the Court directed that a transcript of oral argument be filed. At the direction of the Court, counsel are directed to file a transcript of oral argument by Thursday, October 4, 2012 in the above entitled case(s). Liaison counsel should immediately advise the Clerk's Office of the Court Reporter or Agency handling the transcription of oral argument. Counsel are to split the cost of the transcript. (Please see the attached letters for the FULL text.) [11-2576, 11-2577] (TLW)
00301103509510/03/2012 ECF FILER: Transcript of oral argument on 09/20/2012 prepared at the direction of the Court. [11-2576, 11-2577] (JJL)
00301103712710/04/2012 ECF FILER: Certificate of Service filed by John J. Levy, Esq. counsel for the Appellants Frescati Shipping Co Ltd, et al. in accordance to the transcript of argument filed on 10/03/2012. [Entry edited by Clerk's Office to reflect the correct event]. [11-2576, 11-2577]--[Edited 10/04/2012 by TLW] (JJL)
00301126322805/16/2013 PRECEDENTIAL OPINION Coram: AMBRO, GREENAWAY JR. and O'MALLEY*, Circuit Judges. Total Pages: 58. Judge: AMBRO Authoring. Honorable Kathleen M. O'Malley, United States Court of Appeals for the Federal Circuit, sitting by designation. [11-2576, 11-2577] (TMM)
00301126324805/16/2013 JUDGMENT, ORDERED and ADJUDGED by this Court that the judgments of the District Court dated April 12, 2011, are Affirmed In Part and Vacated and Remanded in Part to the District Court for further proceedings consistent with this Opinion. Costs taxed against Appellee. [11-2576, 11-2577] (TMM)
00301127099905/23/2013 ORDER AMENDING OPINION (Coram: AMBRO, Circuit Judge) ORDERED that the published Opinion filed May 16, 2013 be amended as follows: On page 3, third address from the top of the page, delete the name "Geaorge M. Chalos, Esquire", and change the firm name to "Chalos O" Connor, LLP". The reference should read: (See Order for complete text) Ambro, Authoring Judge. [11-2576, 11-2577] (TMM)
00301127499005/29/2013 Letter filed by Editors of American Maritime Cases to Amend Opinion. Certificate of Service dated 05/22/2013. [11-2576, 11-2577] (TMM)
00301127724305/30/2013 ECF FILER: BILL OF COSTS filed on behalf of Appellants Frescati Shipping Co Ltd, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA and Tsakos Shipping and Trading SA. Certificate of Service dated 05/30/2013. [11-2576, 11-2577] (JJL)
00301128352906/06/2013 ORDER AMENDING OPINION (Coram: AMBRO, GREENAWAY JR. and O'MALLEY**, Circuit Judges) ORDERED that the published Opinion filed May 16, 2013, be amended as follows: replacing the word "drafting" with the word "drawing". It is futher ORDERED that the caption of the opinion be amended so that the appellants are properly designated. (See Order for Complete Text) Ambro, Authoring Judge. **Honorable Kathleen M. O'Malley, United States Court of Appeals for the Federal Circuit, sitting by designation. [11-2576, 11-2577] (TMM)
00301129176706/13/2013 ECF FILER: OBJECTION filed by Appellees Citgo Asphalt Refining Co, Citgo East Coast Oil Corp and Citgo Petroleum Corp in 11-2576, 11-2577 to Bill of Costs. Certificate of Service dated 06/13/2013. [11-2576, 11-2577] (RQW)
00301130821806/27/2013 ECF FILER: LETTER from Attorney John J. Levy, Esq. for Appellants Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA in 11-2576 requesting correction to May 16, 2013 Opinion. Certificate of Service dated 06/27/2013. [11-2576, 11-2577] (JJL)
00301130893706/28/2013 ORDER AMENDING OPINION (Coram: AMBRO, GREENAWAY JR., and *O'MALLEY, Circuit Judges) IT IS NOW ORDERED that the published Opinion in this case filed May 16, 2013, be amended as follows: On page 37, in the first full paragraph, last sentence, replace the name "Frescati" with the name "CARCO", so that the phrase reads: "Because it appears that CARCO assured a safe berth... Ambro, Authoring Judge. *Honorable Kathleen M. O'Malley, United States Court of Appeals for the Federal Circuit, sitting by designation. (11-2576, 11-2577). (PDB)
00301131083707/01/2013 ECF FILER: ENTRY OF APPEARANCE from Carter G. Phillips on behalf of Appellee(s) CITGO Asphalt Refining Co.; CITGO Petroleum Corp.; CITGO East Coast Oil Corp.. [11-2576, 11-2577] (CGP)
00301131087507/01/2013 ECF FILER: Petition filed by Appellees Citgo Asphalt Refining Co, Citgo East Coast Oil Corp and Citgo Petroleum Corp in 11-2576, 11-2577 for Rehearing before original panel and the court en banc. Certificate of Service dated 07/01/2013. [11-2576, 11-2577] (CGP)
00301131135707/01/2013 ECF FILER: LETTER on behalf of Plains Products Terminals, LLC who will adopt the on behalf of Appellees Citgo Asphalt Refining Co, Citgo East Coast Oil Corp and Citgo Petroleum Corp in 11-2577, 11-2576. Certificate of Service dated 07/01/2013. [11-2577, 11-2576] (RTL)
003011311357.1 Amicus/Intervenor in Support of Rehearing
003011311357.2 Proposed Brief
00301131166107/01/2013 ECF FILER: LETTER on behalf of NuStar Asphalt LLC., The Board of Commissioners of the Port of New Orleans, and The Lake Charles Harbor & Terminal District who will adopt the on behalf of Amicus Appellees Delaware River Stevedores Inc, Gloucester Terminals LLC, Greenwich Terminals, Horizon Stevedoring Inc, International Liquid Terminal Association, Kinder Morgan Energy Partners, RP, Penn Terminal Inc, Penn Warehousing and Distribution Inc, Philadelphia Regional Port Authority and South Jersey Port Corp in 11-2577, 11-2576. Certificate of Service dated 07/01/2013. [11-2577, 11-2576] (GRZ)
00301131223707/02/2013 ECF FILER: LETTER on behalf of Plains Products Terminals, LLC who will adopt the Motion for Leave to File Brief for Amicus Curiae, Plains Products Terminals LLC Supporting CARCO's Petition for Panel Rehearing and Rehearing En Banc on behalf of Appellees Citgo Asphalt Refining Co, Citgo East Coast Oil Corp and Citgo Petroleum Corp in 11-2577, 11-2576. Certificate of Service dated 07/02/2013. [11-2577, 11-2576] (RTL)
00301131235107/02/2013 ECF FILER: LETTER on behalf of NuStar Asphalt LLC., The Board of Commissioners of the Port of New Orleans, and The Lake Charles Harbor & Terminal District who will adopt the Appellees' Petition for Panel Rehearing and Rehearing En Banc on behalf of Amicus Appellees Delaware River Stevedores Inc, Gloucester Terminals LLC, Greenwich Terminals, Horizon Stevedoring Inc, International Liquid Terminal Association, Kinder Morgan Energy Partners, RP, Penn Terminal Inc, Penn Warehousing and Distribution Inc, Philadelphia Regional Port Authority and South Jersey Port Corp in 11-2577, 11-2576. Certificate of Service dated 07/01/2013. [11-2577, 11-2576] (GRZ)
00301131471107/03/2013 ECF FILER: LETTER from Attorney John J. Levy, Esq. for Appellants Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA, Frescati Shipping Co Ltd and Tsakos Shipping and Trading SA in 11-2576 re correction to May 16, 2013 Opinion. Certificate of Service dated 07/03/2013. [11-2576, 11-2577] (JJL)
00301132238407/12/2013 ORDER (MCKEE, Chief Judge, RENDELL, AMBRO, Authoring Judge, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., VANASKIE, SHWARTZ and O'MALLEY**, Circuit Judges) denying Petition En Banc Rehearing filed by Appellees Citgo East Coast Oil Corp, Citgo Asphalt Refining Co and Citgo Petroleum Corp, filed. ** Honorable Kathleen M. O'Malley, United States Court of Appeals for the Federal Circuit, sitting by designation. [11-2576, 11-2577] (TMK)
00301132244507/12/2013 ORDER AMENDING OPINION (Coram: AMBRO, GREENAWAY JR. and **O'MALLEY, Circuit Judges) IT IS NOW ORDERED that the published Opinion in Case Nos. 11-2576 and 11-2577 filed May 16, 2013, be amended as follows: On page 25, in the first full paragraph, first sentence, replace the word "that" with "with" and the first "in" with "that" so that the sentence reads: "We agree with the Second Circuit's reasoning that Crumady and Waterman counsel in favor of Frescati's third-party benificiary status." Following that same sentence, insert and additional footnote, which shall read: CARCO makes a belated argument that Crumady and Waterman are of dubious precedential value in light of the 1972 amendments to the Longshore and Harbor Workers' Compensation Act. These amendments required negligience (as opposed to an unsafe condition) for a longshoreman to recover against a ship owner, and abolished the ship owner's right of indemnity against the stevedore. See 33 U.S.C Section 905 (b); Scindia Steam Nav. Co., Ltd . v. De Los Santos, 451 U.S. 156, 164-65 (1981). This legislative exclusion, however, does notundermine the fundamental premise taht a ship owner may benefit from an arrangement between third parties. As such, Judge Posner has noted that, following this amendment, "indemnity has continued to be sought in cases not involving longshoremen and hence not within the scope of the Longshore[ ] and Harbor Workers' Compensation Act." Hillier v. Towing Co., 714, 718,-19 (7th Cir. 1983) (Posner, J.). On page 23, in the first parahraph, second sentence, replace "some" with "a compelling" so that the phrase reads : "there must be a compelling showing". AMBRO, Authoring Judge. *(Judge Slomsky was assigned to this matter following the retirement of Judge Fullman, who presided at trial and ruled on the merits). **(Honorable Kathleen M. O'Malley, United States Court of Appeals for the Federal Circuit, sitting by designation). [11-2576, 11-2577] (MLR)
00301133084007/22/2013 MANDATE ISSUED, filed. [11-2576, 11-2577] (TMM)