SEARCH

Kondot SA v. Duron LLC

Charter Party Makes Out Breach Claim, Meets Rule B Requirements for Writ of Attachment

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER On July 13, 2020, Plaintiff Kondot S.A. (“Kondot”) commenced this admiralty and maritime action against Defendant Duron LLC, pursuant to Federal Rule of Civil Procedure (“FRCP”) 9(h). (Complaint (“Compl.”), Dkt. 1.) Shortly thereafter, on July 14, 2020, Plaintiff filed an application for a writ of maritime attachment and garnishment.¹ (Dkts. 6, 6-1.) The Court granted Plaintiff’s writ, on the record, at a July 15, 2020 ex parte motion hearing, contingent on Plaintiff submitting an amended memorandum of law and attorney affirmation. (See Minute Entry, July 15, 2020.) Plaintiff submitted both that same day (Dkts. 8, 9), and the Court issued the writ (Dkts. 10, 11). In light of the ex parte nature of the proceedings, and the fact that Plaintiff submitted amended documents, the Court now supplements its on-the-record statements granting Plaintiff’s application for a writ. BACKGROUND² On or about April 17, 2020, Plaintiff, a foreign corporation with its principal place of business in Nevis (Compl., Dkt. 1, 4), entered into a maritime charter party contract (“charter party”) with Defendant, a Florida limited liability company with its place of business in Miami (id.

4-6). In accordance with the charter party, on or about May 15, 2020, in Houston, Texas, Defendant loaded 29,997 metric tons of wheat onto the chartered vessel, the M/V Hanze Gendt (the “Vessel”). (Id.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More

Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...

Apply Now ›

Deputy Chief Attorney

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...

Apply Now ›

Compliance Director

PLEASE REVIEW THE ENTIRE POSTING TO ENSURE ALL REQUIRED DOCUMENTS ARE SUBMITTED. August 14, 2024 Notice of Job Vacancy #2024-05 An opp...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›

06/21/2024
Daily Business Review

Full Page Announcement

View Announcement ›