Bossco Trading LLC v. Cornel Trading (Canada) Corp et al

Filing 17

TEMPORARY RESTRAINING ORDER. Signed by Judge Robert J. Bryan. (JL)

Bossco Trading LLC v. Cornel Trading (Canada) Corp et al

Doc. 17

Case 3:06-cv-05648-RJB

Document 17

Filed 11/16/2006

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THE HONORABLE ROBERT J. BRYAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA No.: CV06-5648 RJB TEMPORARY RESTRAINING ORDER

10 BOSSCO TRADING, LLC, an Oregon corporation, 11 Plaintiff, 12 v. 13 CORNEL TRADING (CANADA) CORP., a 14 Canada corporation; MAERSK LINE, a Denmark corporation; COSCO CONTAINER 15 LINES AMERICAS, INC., a Delaware corporation; and COSCO Container Lines, a 16 Chinese corporation, 17 18 19 20 21 22 23 24 25 26 Defendants.

This matter was considered by the Court on Plaintiff's Motion for Temporary Restraining Order. The Court having reviewed the pleadings and being otherwise fully advised, finds as follows: 1. There is a strong likelihood that Plaintiff will prevail on the merits of some or

all of its claims against Defendants. 2. Plaintiff will suffer immediate and irreparable harm if Defendant Cornel

Trading (Canada) Corp. is not restrained from taking possession of goods shipped to Japan under Booking Numbers 87691000, 87690990, 87690980, and 87692470, which includes 4
TEMPORARY RESTRAINING ORDER: No.: CV06-5648 RJB Page 1
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1601 Fifth Avenue, Suite 2300 Seattle, Washington 98101-1618 Telephone: [phone]

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Case 3:06-cv-05648-RJB

Document 17

Filed 11/16/2006

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1 containers that were shipped on the vessels HANJIN OSLO and COSCO ANTWERP, 2 arrived in Japan on November 8 or 9, 2006, and are presently being held at the terminal in 3 Nagoya, Japan and 10 containers that are scheduled to arrive in Japan aboard the COSCO 4 XIAMEN. 5 3. Plaintiff will suffer immediate and irreparable harm if Defendants COSCO

6 Container Lines Americas, Inc. ("CCLA") and COSCO Container Lines ("CCL") are not 7 restrained from releasing the 4 containers, which were shipped on the vessels HANJIN 8 OSLO and COSCO ANTWERP and arrived in Japan on November 8 or 9, 2006, presently 9 being held at the terminal in Nagoya, Japan. 10 4. Plaintiff will suffer immediate and irreparable harm if Defendants COSCO

11 Container Lines Americas, Inc. ("CCLA") and COSCO Container Lines ("CCL") are not 12 restrained from releasing the 10 containers subject to this action that are being shipped on the 13 vessel COSCO XIAMEN, which is scheduled to arrive in Japan on or about December 4, 14 2006. 15 5. The harm will be the loss of value for product it sold to Defendant Cornel and

16 for which Defendant Cornel did not pay. 17 18 19 6. The balance of hardships favors Plaintiff.

Based on the foregoing findings, it is hereby ORDERED: 1. Plaintiff's Motion for Temporary Restraining Order is GRANTED to the

20 extent set forth below. 21 2. Defendant Cornel Trading (Canada) Corp. is restrained from taking possession

22 of goods shipped to Japan under Booking Numbers 87691000, 87690990, 87690980, and 23 87692470. 24 3. Defendants COSCO Container Lines Americas, Inc. and COSCO Container

25 Lines are restrained from releasing the 4 containers subject to this action, which were 26 delivered to Nagoya, Japan and are being held at the terminal in Nagoya, Japan, unless
TEMPORARY RESTRAINING ORDER: No.: CV06-5648 RJB Page 2
Bullivant|Houser|Bailey PC
1601 Fifth Avenue, Suite 2300 Seattle, Washington 98101-1618 Telephone: [phone]

Case 3:06-cv-05648-RJB

Document 17

Filed 11/16/2006

Page 3 of 3

1 presented with a valid bill of lading. Defendants CCLA and CCL may release said containers 2 if presented with valid bills of lading. 3 4. Defendants COSCO Container Lines Americas, Inc. and COSCO Container

4 Lines are restrained from releasing the 10 containers subject to this action that are aboard the 5 COSCO XIAMEN and expected to arrive in Japan on or about December 4, 2006, unless 6 presented with a valid bill of lading. Defendants CCLA and CCL may release said containers 7 if presented with valid bills of lading. 8 5. Defendants are ordered to show cause why a preliminary injunction should not

9 be granted. 10 11 6. 7. BOSSCO Trading, LLC shall pay security in the amount of $55,000.00 A hearing for a preliminary injunction will be held on November 27, 2006.

12 This Order shall remain in effect until that time. 13 14 15 16 17 18 Presented by: 19 BULLIVANT HOUSER BAILEY, P.C. 20 21 By s/ J. Dino Vasquez, WSBA #25533 Toni Y. Anders, WSBA #31238 22 Attorneys for Plaintiff BOSSCO Trading, LLC 23 24 25 26
TEMPORARY RESTRAINING ORDER: No.: CV06-5648 RJB Page 3
Bullivant|Houser|Bailey PC
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DONE IN OPEN COURT this 16th day of November, 2006 at 9:30 a.m.

Robert J. Bryan United States District Judge

A

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