Mason Agency Ltd v. Eastwind Hellas SA
Plaintiff: Mason Agency Ltd
Defendant: Eastwind Hellas SA
Case Number: 1:2009cv06474
Filed: July 21, 2009
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of U.S.
Presiding Judge: Denise L. Cote
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 1333 Admiralty
Jury Demanded By: None

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Date Filed Document Text
November 11, 2009 Opinion or Order Filing 48 MEMORANDUM OPINION AND ORDER:#98233 For the reasons set forth in this Memorandum Opinion and Order, the Court declines to impose Rule 11 sanctions against Respondents. (Signed by Judge Denise L. Cote on 11/12/09) (tro) Modified on 11/13/2009 (eef). Modified on 11/13/2009 (tro).
September 29, 2009 Opinion or Order Filing 22 OPINION AND ORDER:#98106 Accordingly, it is hereby ORDERED that Mason, George M. Chalos, and Chalos & Co. show cause in writing by October 9, 2009, pursuant to Federal Rule of Civil Procedure 11(c)(3), why each of them should not be sanctioned under Rule 11(c)(1) for Masons failure to disclose to this Court -- in its complaint of July 21, 2009; in its request for an Order to Issue Process of Maritime Attachment and Garnishment on August 3, 2009; and at all other times while proceedings before th is Court remained ex parte -- the fact that the Appointment underpinning its admiralty claims in this lawsuit was not with defendant, Hellas, but with another entity. IT IS FURTHER ORDERED that Mason, George M. Chalos, and Chalos & Co. show cause in writing by October 9, 2009, pursuant to Rule 11(c) (3), why each of them should not be sanctioned under Rule 11(c) (1) for including in Mason's Complaint a claim for damages in the amount of $93,117.00 plus interest of $23,252.84 -- t hereby obtaining a maritime attachment in the total amount of $116,369.84 -- when the sworn declaration of Mason Lam of September 1, 2009 has since revealed that the plaintiff's claim is only for $23,841.63 plus interest, and when plai ntiff and plaintiff's counsel thereafter have apparently made no attempt to obtain the release of any and all attached funds currently held in excess of the sworn amount of plaintiff's principal claim. (Signed by Judge Denise L. Cote on 9/29/2009) (jpo) Modified on 10/2/2009 (eef).
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Plaintiff: Mason Agency Ltd
Represented By: George Michael Chalos
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Defendant: Eastwind Hellas SA
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