Cruise Ship Law

IVAN VISIN SHIPPING, LTD., Plaintiff, -v- ONEGO SHIPPING & CHARTERING B.V., Defendant.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2008 U.S. Dist. LEXIS 30689
April 14, 2008, Decided

PROCEDURAL POSTURE: Plaintiff moved under S.D.N.Y & E.D.N.Y. Civ. R. 6.3 for reconsideration of the court's order vacating the process of maritime attachment.



OVERVIEW: Plaintiff argued that the court's holding that the District of New Jersey was a convenient adjacent jurisdiction to the Southern District of New York was wrong, but pointed to no controlling authority that the court did not consider in its earlier order. Therefore, the motion for reconsideration had to be denied. Plaintiff claimed that the Second Circuit's decision in Aqual Stoli established that a convenient adjacent jurisdiction had to be a district located in the same state as the attaching district. Although it used the Eastern and Southern Districts of New York as a paradigmatic example of a case where attachment should be vacated, the court in Aqua Stoli did not state that such an example could not extend to the District of New Jersey or that a "convenient adjacent jurisdiction" could only be a district within the same state. On the contrary, the U.S. Court of Appeals for the Second Circuit stressed that the focus should be on convenience to the plaintiff, an inquiry not necessarily tied to whether the attaching district and the district where defendant was subject to personal jurisdiction were in the same state.



OUTCOME: Plaintiff's motion for reconsideration was denied.