A.P. Moller - Maersk A/S v. Ocean Express Miami et al, No. 1:2006cv02778 - Document 87 (S.D.N.Y. 2010)
Court Description: OPINION: #98825 Upon the facts and conclusions stated above, the motion of Quality Print to vacate the attachment and alter and amend the Judgment is denied. The Court's November 4, 2009 Order suspending and staying the last paragraph of the Judgment is hereby vacated. (Signed by Judge Robert W. Sweet on 4/14/2010) (jfe) Modified on 4/15/2010 (ajc).
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK A.P. MOLLER-MAERSK A/S d/b/a MAERSK SEALAND, 0 6 Civ. 2 7 7 8 Plaintiff, -against- OPINION OCEAN EXPRESS MIAMI; CARGA GLOBAL, SOCIEDAD ANONIMA; CANIZ INTERNATIONAL CORPORATION; CANIZ LOGISTICA, SOCIEDAD ANONIMA; and COMERCIALIZADORA DE CALIDAD, SOCIEDAD ANONIMA (A.K.A. QUALITY PRINT), Defendants. ..................................... A P P E A R A N C E S : X Attorneys for Plaintiff FREEHILL, HOGAN & MAHAR, LLP 8 0 Pine Street New York, NY 10005 By: Eric Einar Lenck, Esq. Willairn Joseph Pallas, 111, Esq. Attorneys for Defendant, Cornercializadora de Calidad, S.A. (a.k.a. Quality Print) SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 30 Rockefeller Plaza, Suite 2 4 0 0 New York, NY 1 0 1 1 2 By: Lisa M. Lewis, Esq. Attorneys for Defendant, Ocean Express Miami DOUGHERTY, RYAN, GIUFFRA, ZAMBITO 1 3 1 East 3 a t h street New York, NY 1 0 0 1 6 By: Peter J . Zambito, Esq. & HESSION Sweet, D.J. Defendant Comercializadora De Calidad, S.A. ("Defendant" or "Quality Print") has moved to vacate the attachment obtained by Plaintiff A.P. Moller-Maersk A/S ("Plaintiff" or "Maersk") and alter and amend the Judgment, dated October 22, 2009 (the "Judgment"), directing garnishee banks to release Defendant's attached property to Plaintiff in satisfaction of the $2,578,880.88 Judgment entered in Plaintiff's favor. Based on the Court's authority to coerce compliance with its civil contempt sanction and compelling equitable considerations, Defendant's motion is denied and the Court's November 4, 2009 Order suspending and staying the last paragraph of the Judgment is hereby vacated. I. PRIOR PROCEEDINGS AND FACTS The facts relating to the present dispute are summarized below. Detailed descriptions of the circumstances giving rise to this litigation are set forth in the Court's opinions dated April 25, 2008, December 5, 2008, and August 18, 2009. See A.P. Moller-Maersk A/S v. Ocean Express Miami, 550 F. Supp. 2d 454 (S.D.N.Y. 2008)
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