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Kondot SA v. Duron LLC

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

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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.

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