United States District Court, S.D. New York
February 2, 2005.
MARIAC SHIPPING COMPANY, LTD., Petitioner,
META CORPORATION, et ano., Respondents.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
This is a petition to compel arbitration pursuant to an
arbitration clause contained in a so-called GENCON charter party.
The respondents defaulted, and the Court granted petitioner's
motion for a default judgment to the extent that it directed
respondents to arbitrate petitioner's claim that they breached
the charter party's unsafe port and berth warranty. Order, Dec.
Late last month, petitioner's counsel submitted a proposed
order which is substantially similar to the December 12, 2003
order. The proposed order, however, purported to grant the motion
for a default judgment "to the extent that respondents, Meta
Corp. N.V. (Aruba) and Associated Transport Company (Aruba) N.V.
are directed to arbitrate . . ." The Court signed two identical
copies of the proposed order. (Docket items 9, 10)
It has come to the Court's attention that the proposed orders
were signed in error. The respondents named in the petition were
Meta Corporation and Associated Transport Company, not "Meta
Corp. N.V. (Aruba) and Associated Transport Company (Aruba) N.V."
Accordingly, the orders entered on the docket as items 9 and 10
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