Filed: Dec. 18, 2017
Latest Update: Dec. 18, 2017
Summary: [PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF NIPPON YUSEN KABUSHIKI KAISHA AGAINST DEFENDANT MULTI-TRANS SHIPPING AGENCY, INC. PHILIP S. GUTIERREZ , District Judge . In accordance with the Court's Order dated December 12, 2017 (Dkt. #77), granting Plaintiff NIPPON YUSEN KABUSHIKI KAISHA's ("NYK") motion for summary adjudication of its First (Breach of Contract/Breach of Warranty) and Fifth (Declaratory Relief) Causes of Action against Defendant MULTI-TRANS SHIPPING AGENCY, INC. ("MULTI-TRAN
Summary: [PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF NIPPON YUSEN KABUSHIKI KAISHA AGAINST DEFENDANT MULTI-TRANS SHIPPING AGENCY, INC. PHILIP S. GUTIERREZ , District Judge . In accordance with the Court's Order dated December 12, 2017 (Dkt. #77), granting Plaintiff NIPPON YUSEN KABUSHIKI KAISHA's ("NYK") motion for summary adjudication of its First (Breach of Contract/Breach of Warranty) and Fifth (Declaratory Relief) Causes of Action against Defendant MULTI-TRANS SHIPPING AGENCY, INC. ("MULTI-TRANS..
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[PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF NIPPON YUSEN KABUSHIKI KAISHA AGAINST DEFENDANT MULTI-TRANS SHIPPING AGENCY, INC.
PHILIP S. GUTIERREZ, District Judge.
In accordance with the Court's Order dated December 12, 2017 (Dkt. #77), granting Plaintiff NIPPON YUSEN KABUSHIKI KAISHA's ("NYK") motion for summary adjudication of its First (Breach of Contract/Breach of Warranty) and Fifth (Declaratory Relief) Causes of Action against Defendant MULTI-TRANS SHIPPING AGENCY, INC. ("MULTI-TRANS"), IT IS HEREBY ORDERED that judgment be entered against MULTI-TRANS, and in favor of NYK, in the amount of $680,402.15, plus pre-judgment interest of $1,564.45, plus attorneys' fees of $29,175, plus expenses of $3,036.80, for a total judgment of $714,178.40.
NYK is also entitled to post-judgment interest on the judgment pursuant to 28 U.S.C. § 1961, until paid.
The Court further declares that MULTI-TRANS is liable and remains liable to NYK for demurrage, detention, and other damages, charges, fees, and costs incurred by NYK as a result of MULTI-TRANS's breaches of the Bill of Lading, in the amount of $714,178.40. NYK may bring a future motion to the Court to recover such charges that are incurred after October 31, 2017.
