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MARIAC SHIPPING COMPANY, LTD. v. META CORPORATION

United States District Court, S.D. New York


February 2, 2005.

MARIAC SHIPPING COMPANY, LTD., Petitioner,
v.
META CORPORATION, et ano., Respondents.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

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. 12, 2003.

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 are vacated.

  SO ORDERED.

20050202

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