OOCL (USA) Corp v. Transco Shipping Corp et al
| OOCL (USA) Corp |
| Transco Shipping Corp and Transco Shipping Logistics Corp |
| 1:2013cv05418 |
| August 2, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Richard J. Sullivan |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing
103
OPINION AND ORDER re: 86 MOTION to Alter Judgment or Amend Judgment (Rule 59(e)) filed by Transco Shipping Corp. For the reasons stated above, IT IS HEREBY ORDERED THAT Defendant's motion for reconsideration is DENIE D, although the Court makes one modification to the December 23 Opinion. Specifically, the Court eliminates the phrase "[a]fter endorsing and presenting each bill of lading" in the first full sentence on page 5 of that Opinion and Or der, so that the sentence shall state only that "Defendant notified the third-party buyer of the arrival of the cargo." IT IS FURTHER ORDERED THAT, in addition to the $57,473 judgment already awarded, Plaintiff is awarded prejudgm ent interest at a rate of 0.4251 percent from August 29, 2008 to the date of this Order, as well as $8,620.95 in reasonable attorneys' fees and $2,297.90 in reasonable costs. The Clerk of the Court is respectfully directed to enter final judgment for Plaintiff consistent with this Order and the Court's December 23 Opinion (Doc. No. 85), to terminate the motion pending at docket number 86, and to close this case. (As further set forth in this Opinion and Order.) (Signed by Judge Richard J. Sullivan on 8/23/2016) (mro)
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Filing
85
OPINION AND ORDER: For the reasons stated above, the Court finds in favor of Plaintiff for its breach of contract claim in the amount of $57,473, plus prejudgment interest, reasonable attorney's fees, and costs. The Court neverthe less dismisses Plaintiff's account stated claim as duplicative. IT IS HEREBY ORDERED THAT, no later than January 22, 2016, Plaintiff shall submit a proposed judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED THAT, also by January 22, 2016, Plaintiff shall submit an application for fees and costs to the Court including a sworn declaration providing counsel's background, experience, and billing rate at the time the work was expended, as well as copies of the attorney's time sheets. IT IS FURTHER ORDERED THAT, also by January 22, 2016, Defendant shall submit a proposal for prejudgment interest in accordance with the guidelines described in this Opinion and Order. Defendant may submit papers opposing Plaintiff's submissions no later than February 5, 2016. (As further set forth in this Opinion and Order.) (Signed by Judge Richard J. Sullivan on 12/23/2015) (mro)
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Filing
51
OPINION AND ORDER re: 30 MOTION for Summary Judgment or Partial Summary Judgment. filed by Transco Shipping Corp, Transco Shipping Logistics Corp. For the foregoing reasons, IT IS HEREBY ORDERED THAT the Court DENIES Defendant' s motion for summary judgment on the breach of contract and account stated claims and GRANTS Defendant's motion for summary judgment on the unjust enrichment claim. The Clerk of the Court is respectfully directed to terminate the motion located at docket number 30. In addition, because Plaintiff has withdrawn its sole claim against Defendant Transco Shipping Logistics Corp., the Clerk of the Court is respectfully directed to terminate Defendant Transco Shipping Logistics Corp. from this action. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/11/2015) (ajs)
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