SALIX FRUIT, LLC v. HELLMANN WORLDWIDE LOGISTICS, INC. et al

Filing 24

MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 2/22/2017. (dmr)

IN THE UNITED STATES DISTRICT
FOR THE DISTRICT OF NEW JERSEY

SALIX FRUIT, LLC,
Plaintiff,

Civil No. 16-8747 (RBK-KMW)

v.
MEMORANDUM OPINION
HELLMANN WORLDWIDE LOGISTICS,
INCL, et al.,
Defendants.

SIMANDLE, Chief District Judge:
This case, arising from damage to a shipment of lemons from
Spain to Avenel, New Jersey, is before the undersigned Chief
Judge upon motion of Defendants Preferred Freezer Services of
Woodbridge, LLC, and Preferred Freezer Logistics, LLC (hereafter
“Preferred Defendants”) for an Order reallocating this action
from the Camden Vicinage to the Newark Vicinage pursuant to
Local Civil Rule 40.1(d).

This matter, which was brought by

Salix Fruit, LLC of Tallahassee, Florida, against Defendants
Hellmann Worldwide Logistics, Inc. of Doral, Florida; Salson
Dedicated, Inc. of Newark, New Jersey; Preferred Freezer
Services of Woodbridge, LLC of Avenel, New Jersey; and Preferred
Freezer Logistics, LLC of Chatham, New Jersey.

The latter three

defendants are located in the Newark Vicinage.

The Complaint

alleges that its cargo was damaged while in possession or

control of a Salson Defendant or a Preferred Defendant (Compl.
¶¶ 10-16).

Thus, the cause of action allegedly arose in the

Newark Vicinage.
Plaintiff opposes the reallocation of this case to the
Newark Vicinage and alleges that it was properly filed in
Camden.

Plaintiff points out that the case originated in the

Superior Court of New Jersey, Camden County, and that it was
removed by the Defendants in the Camden Vicinage.

(See

Plaintiff’s response, Docket Item 23).
Other than Plaintiff’s counsel having his office in the
Camden Vicinage in Swedesboro, New Jersey, there is no other
connection to the Camden Vicinage apparent in this case.

No

party resides in the Camden Vicinage nor did the cause of action
arise there.

No party has identified any witness, documents, or

other evidence in the Camden Vicinage.
The allocation of cases in this District takes place using
the considerations of Local Civil Rule 40.1(a).

That Rule

provides as follows:
Each civil case shall be allocated by the
Clerk of the Court to Camden, Newark or
Trenton at the time it is commenced. The
Clerk shall consider the residence of the
defendant, the convenience of litigants,
counsel and witnesses, and the place where
the cause of action arose. The Vicinage
allocated shall be the location of trial and
of all proceedings in the case, unless
changed by order of the Court.

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Local Civil Rule 40.1(a).
None of the indicated criteria support the continuation of
this case in the Camden Vicinage.

No party or witness is in the

Camden Vicinage, the allegedly improper transportation container
freezer settings were detected in the Newark Vicinage, and all
defense counsel who have entered an appearance have their
offices in the Newark Vicinage or New York City.

That the

Plaintiff originally chose to file the case in Superior Court
for Camden County does not outweigh these numerous
considerations under Local Civil Rule 40.1(a), all pointing to
the propriety of allocation to the Newark Vicinage.
The Court is mindful that the initial scheduling conference
has gone forward in the Camden Vicinage before the Honorable
Karen M. Williams on February 16, 2017, and that schedule shall
continue to govern, causing no delay to Plaintiff’s prosecution
of its claim.

The case will be reallocated to the Newark

Vicinage and reassigned to a District Judge and Magistrate Judge
for further proceedings.
For the foregoing reasons, Defendants’ motion will be
granted and the accompanying Order for Reallocation will be
entered.

February 22, 2017
Date

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

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