Chem One, Ltd. v. M/V Rickmers Genoa et al
| 1:2005cv04261 |
| April 29, 2005 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Theodore H. Katz |
| Loretta A. Preska |
| Marine |
| 28 U.S.C. ยง 1333 Admiralty |
| None |
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Filing
217
AMENDED MEMORANDUM AND OPINION: Because the Court did not assume jurisdiction "contrary to Clause 25," Clause 7(2) does not apply. Therefore, COGSA does not govern the Rickmers interests' limitation of liability of the claims for loss or damage of cargo here. The Hague-Visby Rules limit the Rickmers interests' liability. ESM Group's cross-motion for partial summary judgment [dkt. no. 201 in 05 Civ. 4261] is GRANTED, and the Rickmers interests' motion for partial summary judgment [dkt. no. 194 in 05 Civ. 4261] is DENIED. This memorandum opinion replaces and supersedes the memorandum opinion filed on May 25, 2011. [dkt. no. 216 in 05 Civ. 4261]. (Signed by Judge Loretta A. Preska on 5/26/2011) (jar)
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Filing
187
OPINION AND ORDER: Defendants' motion [dkt. no. 152 (4261 action)] is GRANTED. The remaining parties shall confer and inform the Court by Monday, November 15 how they propose to proceed. (See opinion and order as set forth) (Signed by Judge Loretta A. Preska on 11/4/2010) (lnl)
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Filing
148
MEMO ENDORSED on Notice of Substitution of Counsel, that plaintiff Shandong Industrial substitutes Caruso Glynn LLC in place and in stead of Nicoletti Hornig & Sweeney: The substitution is So Ordered. (Signed by Judge Loretta A. Preska on 12/23/09) (cd)
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Filing
144
MEMORANDUM AND ORDER: For the reasons set forth herein/ ESM Group/s Motion for Reconsideration [dkt. no. 126 (4261 action)] is GRANTED/ for the sale purpose of providing a more complete choice of law analysis. The Rickmers Interests/ Motion for Recon sideration [dkt. no. 128 (4261 action)] is DENIED. Upon reconsideration/ the Court adheres to the conclusions set out in the Opinion. The parties shall confer and inform the Court by letter no later than August 14/ 2009 as to how they intend to proceed. (Signed by Judge Loretta A. Preska on 8/6/2009) (jpo)
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Filing
125
OPINION #97368: For the reasons stated herein, ESM Group's Motion for Summary Judgment [dkt. no. 84 (4261 action)] is DENIED in part and GRANTED in part. 26 The Non-Moving Parties' negligence, strict liability, COGSA, and contract claim ass erted against ESM Group are dismissed. The Non-Moving Parties' agency and veil piercing theories of liability may proceed. I take no position on the liability of ESMT or other parties in this litigation. The parties shall confer and inform the Court by letter no later than April 10, 2009 as to how they propose to proceed. (Signed by Judge Loretta A. Preska on 3/31/2009) (jpo) Modified on 4/2/2009 (mro).
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