United States District Court, W.D. Washington, Seattle
Lord Attorney for Plaintiff.
B. Jones Attorney for Defendant.
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE
a suit for demurrage arising out of the carriage of cargo
loaded on board the M/V NORFO LK in Sattahip, Thailand and
Masan, Korea, and carried to Guanta, Venezuela pursuant to
the terms of two Liner Booking Notes. The Booking Notes are
maritime contracts and therefore, Plaintiff's claims fall
within 28 U.S.C. §1331, and Plaintiff properly
designated its claims under Rule 9(h) of the Federal Rules of
Civil Procedure as admiralty and maritime claims.
Teras Chartering, LLC (“Teras” or
“Plaintiff”) will pursue at trial the following
claims: breach of contract with respect to the Booking Note
for the cargo loaded in Masan, Korea and discharged in
Guanta, Venezuela. If Teras is the prevailing party, it is
entitled to recover its attorneys' fees and costs
pursuant to the maritime contract at issue herein.
Hyupjin Shipping Co., Ltd. (“Hyupjin” or
“Defendant”) will pursue the following
affirmative defenses and claim at trial:
1. Plaintiff's damages, if any, were caused in whole or
in part by Plaintiff's own negligence and/or unauthorized
2. Plaintiff's damages, in any, were caused in whole or
in part by the negligence of third parties outside the
control and responsibility of Hyupjin.
3. Plaintiff has failed to mitigate its damages.
4. Plaintiff breached the terms of the parties'
agreements. As a result, to the extent that Hyupjin is found
liable to Plaintiff, such liability should be offset in an
amount equivalent to the value of Plaintiff's liability
to Hyupjin for the breach.
5. Hyupjin reasonably relied upon Plaintiff's
representations regarding its ability to perform its
obligations under the parties' agreement. Specifically,
Plaintiff made representations regarding the performance
characteristics of the NORFOLK, as well as the vessel's
anticipated time of arrival and readiness for the loading or
discharge of cargo at Sattahip, Masan, and Guanta. As a
result of its reliance, Hyupjin did not hire other available
vessels that would have been able to arrive in Guanta sooner
and avoid the holiday period. Because Hyupjin relied on
Plaintiff's representations to its detriment, Plaintiffs
should be estopped from asserting claims against Hyupjin.
will assert the following claims at trial:
1. In the event Hyupjin is the substantially prevailing
party, it is entitled, pursuant to the terms of the Booking
Notes, to recover its attorney fees and costs.
document Bates numbered TER-HYU 000178, at Section 11,
provides for demurrage of $20, 000 per day on a pro rata
Teras Chartering LLC Liner Booking Note (Bates numbered
P000011) dated November 3, 2015 at para. 11, states that the
demurrage rate is $20, 000 per day on a pro rata basis.
document Bates numbered TER-HYU 000178 does not contain the
term “Grace Period.” 4. The vessel M/V NORFOLK
arrived ready for loading at Masan, Korea within the laycan,
as contracted for in Teras Chartering ...