SAMRAT CONTAINER LINES, INC. v. SAFEWATER LINES INDIA PVT. LTD. et al

Filing 59

OPINION & ORDER granting 57 Motion for Reconsideration. SAMRAT is given leave to amend the Complaint within 30 days of the date of entry of this Order, so that it may assert a basis for in personam jursidiction. Signed by Judge Stanley R. Chesler on 6/30/15. (sr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SAMRAT CONTAINER LINES, INC.,

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Plaintiff, :
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v.
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SAFEWATER LINES INDIA PVT, LTD.
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et al.,
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Defendant and Garnishees. :
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Civil Action No. 14-6110 (SRC)
OPINION & ORDER

CHESLER, District Judge
This matter comes before the Court on the motion for reconsideration of this Court’s
Opinion and Order entered on May 21, 2015 by Plaintiff SAMRAT Container Lines, Inc.
(“SAMRAT”). SAMRAT argues that this Court dismissed the Complaint prematurely, since
SAMRAT had not yet had the opportunity to demonstrate that this Court has in personam
jurisdiction over Defendant. This Court disagrees. The Complaint, as originally filed, asserts
jurisdiction based only on quasi in rem jurisdiction, alleging that the Defendant may not be
found within this district. Now, it appears that SAMRAT wishes to proceed on the jurisdictional
basis of in personam jurisdiction. If this is the case, SAMRAT must amend the Complaint to
assert a basis for in personam jurisdiction. SAMRAT is given leave to amend the Complaint
within 30 days of the date of entry of this Order, so that it may assert a basis for in personam
jurisdiction. The motion for reconsideration (Docket Entry No. 57) is GRANTED to this extent.
SO ORDERED.
s/Stanley R. Chesler
STANLEY R. CHESLER, U.S.D.J.