Mediterranean Shipping Company S.A., v. Ningbo Toptrade Imp. Exp. Co. LTD.,
| 1:2006cv03391 |
| May 3, 2006 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Miriam Goldman Cedarbaum |
| Contract: Marine |
| 28 U.S.C. ยง 1333 Admiralty |
| None |
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Filing
91
OPINION: The attachment of the EFT held in the Court registry is vacated. The funds shall be released from the registry in accordance with Ningbo's instructions to the Clerk of the Court. No other valid basis for personal jurisdiction has been presented. MSC admits that Defendants cannot be found in this jurisdiction, and no assets (besides the EFT) have been attached in the seven years since the attachment was issued. Unless MSC can show, by March 23, 2015, a basis for personal jurisdiction over Defendants, the case is dismissed. See Sinoying, 619 F.3d at 214. A copy of this order was sent to the Finance Dept. (Signed by Judge Miriam Goldman Cedarbaum on 3/12/2015) (kgo)
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Filing
82
OPINION: This Court has jurisdiction over MSC's claims. In accordance with the second part of the Second Circuit's mandate, MSC is now directed to submit its argument on "the fate of the attached funds in light of [the Second Circuit&# 039;s] post-Jaldhi jurisprudence" and "the effect, if any, of MSC's attempt to execute against the judgment" by January 27, 2015. Mediterranean Shipping Co. S.A. v. Lee, 449 Fed. Appx. 83, 84 (2d Cir. 2012). Defendants should submit their response by February 6. SO ORDERED. (See Order.) (Signed by Judge Miriam Goldman Cedarbaum on 1/6/2015) (ajs)
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Filing
33
MEMORANDUM OPINION AND ORDER: Accordingly, defendants' motion to dismiss is denied as premature. (Signed by Judge Miriam Goldman Cedarbaum on 3/27/2009) (jpo)
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