| Ship From Sri Lanka Burned
Off Nova Scotia Now NVOCC Parties Prep Motion
to Dismiss
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Aug 25 – On January 3, 2019 a
cargo ship en route from Sri
Lanka to New York caught fire
on the high seas 1900
kilometers southeast of Nova
Scotia. Litigation
ensued.
On June 11
U.S. District Court for the
Southern District of New York
Magistrate Judge Robert W.
Lehrburger held a proceeding.
Inner City Press covered it.
The ship's formal name was the
M/V Yantian Express.
The many
claimants, including among
others FedEx, New Era Cap,
Jockey International,
Bombardier, Dupont Nutrition,
AIG and H.H. Brown Shoe were
concerned about the impending
expiration of their rights to
sue in Singapore, on July
1.
Judge Lehrburger
urged that they meet and
confer, and set a deadline of
July 27 for the parties to
discuss a potential
bellweather to manage
third-party defendant Ocean
Network Express Pte. Ltd.'s
anticipated motion(s) to
dismiss.
On August
25 Judge Lehrburger convened
another proceeding in the
case, and Inner City Press
again covered it. Now
defendants were asking why
they had even been named, as
the supposed source of the
fire, if none of their goods
on the ship were damaged.
Judge
Lehrburger ordered that the
NVOCC parties may file a
motion to dismiss the Eighth
Cause of Action against them,
by October 7. Opposition is
due November 11 and any reply
December 2.
The case is In
the Matter of the Complaint of
Hapag-Lloyd Aktiengesellschaft
as Owners and Operators of the
M/V Yantian Express,
19-cv-5731 (Woods /
Lehrburger).
***
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