Prospero Tire Export, Inc. et al v. Maersk Line, Ltd et al

Plaintiff: Multi Recycling & Manufacturing Corp., JDJ Recycling Guayama, Corp. and Prospero Tire Export, Inc.
Defendant: MAERSK LINE A/S and Westside Exports LLC
Case Number: 1:2019cv08350
Filed: September 9, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1346 t
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2019 Filing 61 NOTICE OF APPEARANCE by William Joseph Pallas, III on behalf of MAERSK LINE A/S. (Pallas, William)
September 9, 2019 Filing 60 CASE TRANSFERRED IN from the United States District Court - District of Puerto Rico; Case Number: 3:18-cv-01015. Original file certified copy of transfer order and docket entries received. (sjo)
September 9, 2019 Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sjo)
September 9, 2019 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
September 9, 2019 Case Designated ECF. (sjo)
August 30, 2019 Filing 59 OPINION AND ORDER granting #31 Motion to Transfer Venue to the U.S. District Court for the Southern District of New York. The Clerk shall transfer this case to the United States District Court for the Southern District of New York. Signed by Judge Raul M. Arias-Marxuach on 8/30/2019. (Arias-Marxuach, Raul) Modified on 9/3/2019 to edit title (ab). [Transferred from Puerto Rico on 9/9/2019.]
August 30, 2019 Filing 58 ORDER re #51 MOTION to Withdraw as Counsel filed by JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp.: Granted Attorneys Manuel San-Juan-De-Martino & Monica Rivera-Pagan are granted leave to withdraw as counsel for JDJ Recycling Guayama, Corp. and Multi Recycling & Manufacturing Corp. Signed by Judge Raul M. Arias-Marxuach on 8/30/2019.(Arias-Marxuach, Raul) [Transferred from Puerto Rico on 9/9/2019.]
August 14, 2019 Filing 57 PARTIAL JUDGMENT is entered dismissing the Complaint without prejudice asto Cybercam, Inc. Signed by Judge Raul M. Arias-Marxuach on 08/14/2019. (dv) [Transferred from Puerto Rico on 9/9/2019.]
August 14, 2019 Filing 56 ORDER: Pursuant to Fed. R. Civ. P. 4(m), partial judgment dismissing the Complaint without prejudice as to Cybercam, Inc. will be entered accordingly. Signed by Judge Raul M. Arias-Marxuach on 08/14/2019.(dv) [Transferred from Puerto Rico on 9/9/2019.]
August 6, 2019 Filing 55 ORDER re 23 Order on Motion for Extension of Time, 50 Order. All plaintiffs are granted a final term of 7 days to show cause why the Complaint should not be dismissed without prejudice as to Cybercam, Inc. for failure to serve process within the 90-day term in Fed. R. Civ. P. 4(m) and the extension granted by the Court which expired on June 29, 2018. All plaintiffs' responses are due August 13, 2019. Signed by Judge Raul M. Arias-Marxuach on 8/6/2019.(Arias-Marxuach, Raul) [Transferred from Puerto Rico on 9/9/2019.]
July 31, 2019 Filing 54 ORDER noted #53 Motion In Compliance. Signed by Judge Raul M. Arias-Marxuach on 7/31/2019. (Arias-Marxuach, Raul) [Transferred from Puerto Rico on 9/9/2019.]
July 31, 2019 Filing 53 Motion In Compliance with Court Order filed by Manuel San-Juan-DeMartino on behalf of JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp. Responses due by 8/14/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit)(San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
July 30, 2019 Filing 52 ORDER temporarily denying #51 MOTION to Withdraw / Motion Requesting Leave to Withdraw as Counsel. Plaintiffs Multi Recycling & Manufacturing Corp. and JDJ Recycling Guayama, Corp. are granted a peremptory term of 30-days from today to retain new legal counsel which shall enter an appearance in the case within the same term. Multi Recycling & Manufacturing Corp. and JDJ Recycling Guayama, Corp.'s failure to comply with this order shall result in dismissal without prejudice of their claims. Current counsel for these plaintiffs shall provide proof of service of this order upon his clients within the next 5 days. Plaintiffs Multi Recycling & Manufacturing Corp. and JDJ Recycling Guayama, Corp.'s response is due August 29, 2019. Signed by Judge Raul M. Arias-Marxuach on 7/30/2019. (Arias-Marxuach, Raul) [Transferred from Puerto Rico on 9/9/2019.]
July 29, 2019 Filing 51 MOTION to Withdraw as Counsel filed by Manuel San-Juan-DeMartino on behalf of JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp. Responses due by 8/12/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (San-Juan-DeMartino, Manuel) Modified on 7/30/2019 to edit title (ab). [Transferred from Puerto Rico on 9/9/2019.]
July 29, 2019 Filing 50 ORDER re 23 Order on Motion for Extension of Time: On or before August 5, 2019, plaintiffs shall show cause why the Complaint should not be dismissed as to Cybercam, Inc. (without prejudice) for failure to serve process within the 90-day term in Fed. R. Civ. P. 4(m) and the extension granted by the Court. Response due August 5, 2019. Signed by Judge Raul M. Arias-Marxuach on 7/29/2015.(Arias-Marxuach, Raul) [Transferred from Puerto Rico on 9/9/2019.]
June 13, 2019 Filing 49 ORDER REASSIGNING CASE. This case has been transferred to the docket of newly appointed U.S. District Judge Raul M. Arias-Marxuach. Signed by Chief Judge Gustavo A. Gelpi on 06/13/2019. (gr) [Transferred from Puerto Rico on 9/9/2019.]
April 29, 2019 Filing 48 ORDER: Granting #47 "Motion to Withdraw as Attorney." Signed by Judge Pedro A. Delgado-Hernandez on 4/29/2019. (EMJ) [Transferred from Puerto Rico on 9/9/2019.]
April 29, 2019 Filing 47 MOTION to Withdraw Attorney as to Manuel San-Juan-DeMartino filed by Manuel San-Juan-DeMartino on behalf of Prospero Tire Export, Inc. Responses due by 5/13/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
March 16, 2019 Filing 46 NOTICE of Appearance as Additional Counsel filed by Guillermo De-Guzman-Vendrell on behalf of Prospero Tire Export, Inc. Responses due by 4/1/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (De-Guzman-Vendrell, Guillermo) Modified on 3/18/2019 to terminate as motion (mr). [Transferred from Puerto Rico on 9/9/2019.]
December 5, 2018 Filing 45 ORDER: Granting #43 "Motion for Leave to File in Excess of L.CV.R. 7(C) Page Limitation." Signed by Judge Pedro A. Delgado-Hernandez on 12/05/2018. (EMJ) [Transferred from Puerto Rico on 9/9/2019.]
December 3, 2018 Filing 44 REPLY to Response to Motion filed by Maersk Line A/S Re: #31 MOTION to transfer case Venue to the U.S. District Court for the Southern District of New York filed by Maersk Line A/S filed by Maersk Line A/S. (Attachments: #1 Exhibit, #2 Exhibit)(Deliz, Juan) [Transferred from Puerto Rico on 9/9/2019.]
December 3, 2018 Filing 43 MOTION for Leave to File Document in Excess of Page Limit filed by Juan Carlos Deliz on behalf of Maersk Line A/S Responses due by 12/17/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Deliz, Juan) [Transferred from Puerto Rico on 9/9/2019.]
November 21, 2018 Filing 42 RESPONSE in Opposition to Motion to Transfer Venue to the U.S. District Court for the Southern District of New York filed by All Plaintiffs Re: #31 MOTION to transfer case Venue to the U.S. District Court for the Southern District of New York filed by Maersk Line A/S filed by All Plaintiffs. (Attachments: #1 Exhibit)(San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
November 16, 2018 Filing 41 ORDER: Granting #40 "Motion Requesting Leave to File Reply and Extension of Time." Reply due not later than December 3, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 11/16/2018. (EMJ) [Transferred from Puerto Rico on 9/9/2019.]
November 16, 2018 Filing 40 MOTION for Leave to File Document Reply and Extension of Time filed by Juan Carlos Deliz on behalf of Maersk Line, Ltd Responses due by 11/30/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Deliz, Juan) [Transferred from Puerto Rico on 9/9/2019.]
November 9, 2018 Filing 39 RESPONSE in Opposition to Motion Requesting Transfer of Venue filed by Westside Exports LLC Re: #31 MOTION to transfer case Venue to the U.S. District Court for the Southern District of New York filed by Maersk Line A/S filed by Westside Exports LLC. (Rieckehoff, German) [Transferred from Puerto Rico on 9/9/2019.]
November 7, 2018 Filing 38 ORDER: Granting #37 "Motion Requesting Extension of Time." Defendant shall respond not later than November 9, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 11/07/2018. (EMJ) [Transferred from Puerto Rico on 9/9/2019.]
November 6, 2018 Filing 37 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to transfer case Venue to the U.S. District Court for the Southern District of New York filed by Maersk Line A/S filed by German A. Rieckehoff on behalf of Westside Exports LLC Responses due by 11/20/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #31 ) (Rieckehoff, German) [Transferred from Puerto Rico on 9/9/2019.]
October 30, 2018 Filing 36 ORDER: Denying #27 "Motion Requesting Court Order for Mediation Pursuant to Local Rule 83J." Signed by Judge Pedro A. Delgado-Hernandez on 10/30/2018. (EMJ) [Transferred from Puerto Rico on 9/9/2019.]
October 26, 2018 Filing 35 RESPONSE to Motion Requesting Order for Mediation filed by Westside Exports LLC Re: #27 MOTION requesting Order / Mediation pursuant to Local Rule 83J filed by JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp., Prospero Tire Export, Inc. filed by Westside Exports LLC. (Rieckehoff, German) [Transferred from Puerto Rico on 9/9/2019.]
October 26, 2018 Filing 34 RESPONSE to Motion Plaintiffs' Motion Requesting Court Order for Mediation filed by Maersk Line A/S Re: #27 MOTION requesting Order / Mediation pursuant to Local Rule 83J filed by JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp., Prospero Tire Export, Inc. filed by Maersk Line A/S. (Blasini-Gonzalez, Jorge) [Transferred from Puerto Rico on 9/9/2019.]
October 25, 2018 Filing 33 ORDER: Granting in part #32 "Motion for Extension of Time to File Response to Motion to Transfer." Response due not later than November 21, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 10/25/2018. (AM) [Transferred from Puerto Rico on 9/9/2019.]
October 24, 2018 Filing 32 MOTION for extension of time until November 22, 2018 to to file Response to Motion to Transfer filed by Manuel San-Juan-DeMartino on behalf of All Plaintiffs Responses due by 11/7/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
October 23, 2018 Filing 31 MOTION to transfer case Venue to the U.S. District Court for the Southern District of New York filed by Jorge F. Blasini-Gonzalez on behalf of Maersk Line A/S Responses due by 11/2/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Memorandum of Law)(Blasini-Gonzalez, Jorge) [Transferred from Puerto Rico on 9/9/2019.]
October 23, 2018 Filing 30 NOTICE of Absence from Jurisdiction by JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp., Prospero Tire Export, Inc. (San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
October 23, 2018 NOTICE of Docket Text Modification by Deputy Clerk re: #29 Notice (Other). ***FILED IN ERROR - INCORRECT PDF.*** (rom) [Transferred from Puerto Rico on 9/9/2019.]
October 22, 2018 Filing 29 ***FILED IN ERROR*** NOTICE of Absence from Jurisdiction by All Plaintiffs (San-Juan-DeMartino, Manuel) Modified on 10/23/2018 (rom). [Transferred from Puerto Rico on 9/9/2019.]
October 19, 2018 Filing 28 ORDER re: #27 "Motion Requesting Court Order for Mediation Pursuant to Local Rule 83J." Defendants shall respond to this motion by October 26, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 10/19/2018. (EMJ) [Transferred from Puerto Rico on 9/9/2019.]
October 19, 2018 Filing 27 MOTION requesting Order / Mediation pursuant to Local Rule 83J filed by Manuel San-Juan-DeMartino on behalf of All Plaintiffs Responses due by 11/2/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
June 29, 2018 Filing 26 ORDER: Granting #25 "Motion Requesting Final Extension of Time to File Briefed Motion." Motion due not later than July 9, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 6/29/2018. (AM) [Transferred from Puerto Rico on 9/9/2019.]
June 29, 2018 Filing 25 MOTION for Extension of Time until July 9, 2018 to file briefed Motion filed by Manuel San-Juan-DeMartino on behalf of All Plaintiffs Responses due by 7/13/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
May 30, 2018 Filing 24 ANSWER to #18 Amended Complaint filed by German A. Rieckehoff on behalf of Defendant Westside Exports LLC.(Rieckehoff, German) [Transferred from Puerto Rico on 9/9/2019.]
May 30, 2018 Filing 23 ORDER: Granting #22 "Informative Motion and Request for Extension of Time to Request Service of Summons by Publication Upon Defendant Cybercam, Inc." Plaintiff shall continue attempts at service of process. If unsuccessful, plaintiff may request service by publication upon filing a fully briefed motion not later than June 29, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 5/30/2018. (AM) [Transferred from Puerto Rico on 9/9/2019.]
May 29, 2018 Filing 22 MOTION for extension of time until June 29, 2018 to request service of summons by publication upon defendant Cybercam, Inc. filed by Manuel San-Juan-DeMartino on behalf of All Plaintiffs Responses due by 6/12/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
May 24, 2018 Filing 21 NOTICE of Absence from Jurisdiction by All Plaintiffs (San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
May 21, 2018 Filing 20 ANSWER to #18 Amended Complaint filed by Jorge F. Blasini-Gonzalez on behalf of Defendant Maersk Line A/S.(Blasini-Gonzalez, Jorge) [Transferred from Puerto Rico on 9/9/2019.]
May 21, 2018 Filing 19 Corporate Disclosure Statement byMaersk Line A/S. (Blasini-Gonzalez, Jorge) [Transferred from Puerto Rico on 9/9/2019.]
May 9, 2018 Filing 18 AMENDED COMPLAINT against All Defendants, filed by Prospero Tire Export, Inc., JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp..(San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
May 8, 2018 Filing 17 ORDER: Granting #15 "Motion for Short Extension of Time to Answer Amended Complaint or Otherwise Plead." Maersk shall answer or otherwise plead not later than May 21, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 5/8/2018. (AM) [Transferred from Puerto Rico on 9/9/2019.]
May 8, 2018 Filing 16 ORDER: Granting #14 "Motion for Leave to File Amended Complaint." The tendered complaint shall be filed electronically forthwith. Signed by Judge Pedro A. Delgado-Hernandez on 5/8/2018. (AM) [Transferred from Puerto Rico on 9/9/2019.]
May 8, 2018 Filing 15 MOTION for extension of time until May 19, 2018 filed by Jorge F. Blasini-Gonzalez on behalf of Maersk Line, Ltd Responses due by 5/22/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Blasini-Gonzalez, Jorge) [Transferred from Puerto Rico on 9/9/2019.]
May 8, 2018 Filing 14 MOTION for Leave to File Document (Amended Complaint) filed by Manuel San-Juan-DeMartino on behalf of All Plaintiffs Responses due by 5/22/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit)(San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
May 2, 2018 Filing 13 ANSWER to #1 Complaint, filed by German A. Rieckehoff on behalf of Defendant Westside Exports LLC.(Rieckehoff, German) [Transferred from Puerto Rico on 9/9/2019.]
April 17, 2018 Filing 12 ORDER: Granting #11 "Second (and Final) Motion Requesting Extension of Time." Westside Exports, LLC, shall answer the complaint or otherwise plead by May 2, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 4/17/2018. (AM) [Transferred from Puerto Rico on 9/9/2019.]
April 14, 2018 Filing 11 Second MOTION for Extension of Time until May 2, 2018 to File Answer or Otherwise Plead filed by German A. Rieckehoff on behalf of Westside Exports LLC Responses due by 4/30/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rieckehoff, German) [Transferred from Puerto Rico on 9/9/2019.]
April 13, 2018 Filing 10 NOTICE of Appearance by Jorge F. Blasini-Gonzalez on behalf of Maersk Line, Ltd (Blasini-Gonzalez, Jorge) [Transferred from Puerto Rico on 9/9/2019.]
April 9, 2018 Filing 9 ORDER: Granting #7 "Motion for Extension of Time." Westside Exports, LLC, shall answer the complaint or otherwise plead by April 14, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 4/9/2018. (AM) [Transferred from Puerto Rico on 9/9/2019.]
April 9, 2018 Filing 8 ORDER: Granting #6 "Motion for Extension of Time to Answer Complaint or Otherwise Plead." Maersk Line Ltd. shall answer the complaint or otherwise plead by May 9, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 4/9/2018. (AM) [Transferred from Puerto Rico on 9/9/2019.]
April 6, 2018 Filing 7 MOTION for Extension of Time until 4/14/18 to File Answer or Otherwise Plead re: #1 Complaint, filed by JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp., Prospero Tire Export, Inc. filed by German A. Rieckehoff on behalf of Westside Exports LLC Responses due by 4/20/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Rieckehoff, German) [Transferred from Puerto Rico on 9/9/2019.]
April 6, 2018 Filing 6 MOTION for Extension of Time until May 9, 2018 to File Answer Complaint or Otherwise Plead re: #1 Complaint, filed by JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp., Prospero Tire Export, Inc. filed by Juan Carlos Deliz on behalf of Maersk Line, Ltd Responses due by 4/20/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Deliz, Juan) [Transferred from Puerto Rico on 9/9/2019.]
April 2, 2018 Filing 5 ORDER: Granting #4 "Informative Motion and Request for Extension of Time." Plaintiffs shall serve process upon Cybercam, Inc., by May 14, 2018. Signed by Judge Pedro A. Delgado-Hernandez on 4/2/2018. (AM) [Transferred from Puerto Rico on 9/9/2019.]
April 2, 2018 Filing 4 MOTION for extension of time until May 14, 2018 to to serve process upon co-defendant Cybercam, Inc. filed by Manuel San-Juan-DeMartino on behalf of All Plaintiffs Responses due by 4/16/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]
January 16, 2018 Filing 3 Summons Issued as to Cybercam, Inc., Maersk Line, Ltd, Westside Exports LLC (Attachments: #1 Summons) (arg) [Transferred from Puerto Rico on 9/9/2019.]
January 16, 2018 Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) [Transferred from Puerto Rico on 9/9/2019.]
January 12, 2018 Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-5709231.), filed by Prospero Tire Export, Inc., JDJ Recycling Guayama, Corp., Multi Recycling & Manufacturing Corp.. Service due by 4/12/2018, (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Summons, #4 Appendix Current Address Notice)(San-Juan-DeMartino, Manuel) [Transferred from Puerto Rico on 9/9/2019.]

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Plaintiff: Multi Recycling & Manufacturing Corp.
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Plaintiff: JDJ Recycling Guayama, Corp.
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Plaintiff: Prospero Tire Export, Inc.
Represented By: Guillermo De-Guzman-Vendrell
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Defendant: MAERSK LINE A/S
Represented By: Jorge F. Blasini-Gonzalez
Represented By: Juan Carlos Deliz
Represented By: William Joseph Pallas, III
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Defendant: Westside Exports LLC
Represented By: German A. Rieckehoff
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