CMA CGM S.A. v. AZAP Motors Inc.

Filing 37

ORDER: adopting Report and Recommendations re 36 Report and Recommendations; granting in part 23 MOTION for Summary Judgment by CMA CGM S.A.; denying 26 Cross MOTION for Summary Judgment by AZAP Motors Inc. The Plaintiff's Motion for Sum mary Judgment is GRANTED IN PART, the Defendant'sCross-Motion for Summary Judgment is DENIED, and the court AWARDS the Plaintiff damages in the amount of $168,726.00. Further, the court DIRECTS the parties to proceed to trial, if necessary, on damages related to the two shipments remaining in dispute. Copy provided to counsel for all parties. Signed by Chief District Judge Rebecca Beach Smith on 1/4/2016. (bgra)

ED
UNITED

STATES DISTRICT

EASTERN DISTRICT

OF

r

COURT

JAN "4 2016

VIRGINIA

Norfolk Division

CLi • •'•
CMA CGM

'--

STRiCTCOURT
C .:•:.. VA

S.A.,

Plaintiff,
ACTION

v.

AZAP

MOTORS,

NO.

2:14cv504

INC.,

Defendant

ORDER

This

Motion

matter

for

comes

Summary

Cross-Motion

for

before

Judgment,

Summary

the

ECF

court

No.

Judgment,

on

ECF

Plaintiff's

and

23,

the

the

Defendant's

No.

26.

The

matter

was referred to United States Magistrate Judge Douglas E. Miller

by

the

Order

of

October

28,

2015, pursuant

provisions of 28 U.S.C. § 636(b)(1)(B)
Procedure

72(b),

hearings,

if

to

conduct

necessary,

proposed findings

of fact,

to

the

and Federal Rule of Civil

hearings,

and

to

including

submit

to

if applicable,

evidentiary

the

undersigned

and recommendations

for the disposition of the motions. ECF No. 31.

The

Magistrate

Judge's

was filed on November 25,

2015.

recommends granting

in part

Judgment,

denying

the

Judgment,

awarding

$168,726.00,

the

Report

the

and

ECF No.

Recommendation

36. The Magistrate Judge

Plaintiff's

Defendant's

Plaintiff

Motion

Cross-Motion

damages

and directing the parties

("R&R")

in

for

for

the

Summary

Summary

amount

of

to proceed to trial,

if

necessary,

on damages related to the two shipments remaining in

dispute. R&R at 30.

By copy of the R&R,
to

the parties were advised of their right

file written objections

made

by

the

objections

expired.

to

The

findings

Magistrate
the

R&R,

court

and

to

the

findings

Judge.

and

does

the

The

Judgment

Cross-Motion
AWARDS

the

Further,

for

is

damages

the court DIRECTS

necessary,

in

received

filing

forth

no

the

same

has

in

full

the

in

the

R&R

the Plaintiff's Motion for

IN

Judgment

has

and approve

set

GRANTED

Summary

Plaintiff

for

hereby adopt

filed November 25, 2015. Accordingly,
Summary

court

time

recommendations

and recommendations

PART,
is

DENIED,

the

the parties

the

amount

Defendant's

and
of

the

court

$168,726.00.

to proceed to trial,

if

on damages related to the two shipments remaining in

dispute.
The

Clerk is

DIRECTED

to

forward a

copy of

this

Order

counsel for all parties.
IT

IS

SO

ORDERED.

/S/

.

Rebecca Beach Smith
ChiefJudge
REBECCA BEACH
CHIEF JUDGE

January

H , 201(

SMITH

i&

to