Hanjin Shipping Company, LTD. v. Sustainable Solutions, Inc. et al
DEFAULT JUDGMENT ON DAMAGES in favor of Hanjin Shipping Company, LTD. against Strateline Industries, LLC, and Sustainable Solutions, Inc. in the amount of $934,515.00 and interest at the rate of.24% per annum from the date of this order until paid. Signed by Honorable Paul K. Holmes, III on April 19, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
HANJIN SHIPPING COMPANY, LTD
Case No. 2:09-CV-02152
SUSTAINABLE SOLUTIONS, INC., and
STRATELINE INDUSTRIES, LLC
DEFAULT JUDGMENT ON DAMAGES
Defendant Strateline Industries, LLC (“Strateline”)(Doc. 18) in
favor of Plaintiff Hanjin Shipping Company, LTD (“Hanjin”)(Doc.
The Court has also granted Motions for Default Judgment
against SSI and Strateline on behalf of Hanjin (Doc. 24) on the
issue of liability. Counsel for Hanjin has filed, at the request of
the Court, a Motion in Support of Damages (Doc. 32) with attached
exhibits and affidavits.
Upon consideration of Hanjin’s Motion in Support of Damages
and accompanying exhibits and affidavits, in the context of the
record as a whole, IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff
Hanjin shall have and recover jointly and severally from separate
$934,515.00. This amount includes $27,815.00 in outstanding freight
as attested to in an affidavit signed by the Hanjin employee
responsible for tracking the outstanding freight owed to Hanjin in
represents accrued storage fees, or demurrage, totaling $906,700.00
as indicated in the summary of demurrage charges/fees (Doc. 32-4)
and attested to in an affidavit signed by the Hanjin employee
responsible for tracking the demurrage owed Hanjin in this case
(Doc. 32-2). While Hanjin’s filings provided no clear indication of
a contractual rate for demurrage nor a clear explanation as to how
Hanjin arrived at a daily rate per container of $100, the Court
finds such rate to be a reasonable rate for demurrage charges,
accruing from the date the containers were made available to the
merchant until the release date on October 11, 2010. The judgment
amount shall bear interest at the prevailing legal rate of 0.24%
per annum from the date of entry of this order until paid. See 28
U.S.C. § 1961.
IT IS SO ORDERED this 19th day of April 2011.
/s/ Paul K. Holmes, III
Paul K. Holmes, III
United States District Judge
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