Glorious Shipping & Trading PTE LTD v. CM Minerals GMBH

Filing 31

OPINION; that upon the facts and conclusions set forth above, the motion of CM Minerals is granted, the attachment is vacated, and the Clerk is directed to release the funds in the Court's Registry. The action is dismissed. (Signed by Judge Robert W. Sweet on 4/29/10) (pl)

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UNITED STATES D I S T R I C T COURT SOUTHERN D I S T R I C T O F NEW YORK GLORIOUS S H I P P I N G & T R A D I N G PTE L T D . , Plaintiff, 08 Civ. 3304 OPINION Attorneys for P l a i n t i f f CHALOS & CO, P . C . 123 South Street O y s t e r B a y , NY 1 1 7 7 1 By: G e o r g e M. C h a l o s , E s q . Attorneys for Defendant MCDERMOTT & RADZIK, LLP Wall S t r e e t P l a z a 88 P i n e S t r e e t New Y o r k , NY 1 0 0 0 5 - 1 8 0 1 By: E d w a r d C. R a d z i k , E s q . C r y s t a l G. M o r o n e y , E s q . Sweet, D . J . Defendant CM Minerals GMBH (the "Defendant" or "CM Minerals") has moved pursuant to Rule E(4) of the Supplemental Admiralty Rules of the Federal Rules of Civil Procedure to vacate the attachment obtained by plaintiff Glorious Shipping & Trading PTE, Ltd. (the "Plaintiff" or "Glorious Shipping"), to release the funds attached and to dismiss the complaint for lack of jurisdiction. On the facts and conclusions set forth below, the motion is granted, the attachment vacated, the funds released and the complaint dismissed. Prior Proceedings On March 31, 2008, Plaintiff filed its complaint in accordance with the ex parte maritime attachment and garnishment procedures provided by Rule B of the Supplemental Admiralty Rules of the Federal Rules of Civil Procedure. Through its complaint, Plaintiff sought, inter alia, - to attach and garnish any of Defendant's property in this district up to and including $ 1 , 9 6 2 , 0 1 2 . 7 2 . The underlying dispute between Plaintiff and Defendant relates to a Charter Party Agreement that requires disputes between

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