Contract analysis
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Contract analysis / proposed-order-mtd.docx
proposed-order-mtd.docx
High · 1
Medium · 1
Standard · 0
1. Count V (Unjust Enrichment) — GRANTED.
1. Count V (Unjust Enrichment) — GRANTED. It is ORDERED that Defendants' motion to dismiss Count V of the Complaint, sounding in unjust enrichment, is GRANTED in its entirety, and Count V is hereby dismissed with prejudice. The Court finds that the existence of a valid and enforceable written contract — namely, the time charter-party dated December 3, 2020 (Reference No. NW-TSL-CP-2020-1203) governing the charter of
2. Count III (Third-Party Shipper Cargo Claims) — GRANTED IN PART and DENIED IN PART.
High
⚑ Penalty / liquidated damages
2. Count III (Third-Party Shipper Cargo Claims) — GRANTED IN PART and DENIED IN PART. It is ORDERED that Defendants' motion to dismiss Count III of the Complaint is GRANTED IN PART and DENIED IN PART as follows: (a) To the extent Count III seeks to recover, as charter-party damages on a pass-through basis, the full aggregate amount of third-party shipper cargo claims — alleged by Plaintiff to total Five Million Six H
3. Survival of Remaining Counts.
3. Survival of Remaining Counts. It is ORDERED that all other counts of the Complaint — specifically, Count I (breach of charter-party — failure to maintain class), Count II (breach of charter-party — off-hire claims), Count IV (breach of the implied covenant of good faith and fair dealing), and any other remaining claims asserted in the Complaint — are wholly unaffected by this Order and shall proceed in due course;
4. Discovery and Scheduling.
4. Discovery and Scheduling. It is ORDERED that discovery shall proceed in accordance with the Court's Preliminary Conference Order and scheduling directives previously entered in this action. Any necessary adjustments to the discovery schedule or case management deadlines occasioned by this Order shall be addressed at the next status or compliance conference, and the parties are directed to meet and confer regarding
5. Service of Order with Notice of Entry.
Medium
⚑ Notice / time limit to track
5. Service of Order with Notice of Entry. It is ORDERED that counsel for Defendants shall serve a copy of this Order with notice of entry upon all parties and upon the Clerk of the Court within five (5) business days of entry of this Order. This constitutes the Decision and Order of the Court. ________________________________________ Hon. Lorraine K. Chen, J.S.C. Dated: New York, New York ____, 2024 Submitted by: CAL