Iota Shipholding Ltd et al v. Starr Indemnity and Liability Company et al
| Iota Shipholding Ltd and Blumenthal JMK GmbH & Co. KG |
| Starr Indemnity and Liability Company and Marinsa Intercontinental, S.A. |
| 1:2016cv04881 |
| June 23, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Marine |
| 09 U.S.C. ยง 0008 |
| None |
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Filing
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OPINION AND ORDER re: 18 MOTION for Summary Judgment filed by Iota Shipholding Ltd, Blumenthal JMK GmbH & Co. KG, 25 CROSS MOTION for Summary Judgment filed by Starr Indemnity and Liability Company. For the foreg oing reasons, Petitioners motion for summary judgment is GRANTED and Starrs cross-motion is DENIED. The underlying arbitration is hereby enjoined because there is no valid arbitration agreement between these parties. See In re Am. Exp. Fin. Adviso rs Sec. Litig., 672 F.3d at 141 (affirming right of district court to enjoin arbitration where parties have not entered into valid and binding arbitration agreement). This case is DISMISSED as against Starr and DISMISSED WITHOUT PREJUDICE as agai nst Marinsa. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. If Petitioners wish to reinstate this action and move for entry of default judgment against Marinsa, Petitioners must seek leave from the Court to do so on or before June 14, 2017. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/31/2017) (anc)
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