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Porina v. Marward Shipping Co.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


November 7, 2006

VICTORIJA PORINA, AS PERSONAL REPRESENTATIVE OF ARNIS PORNLS, DECEASED; ET AL., PLAINTIFFS,
v.
MARWARD SHIPPING CO., LTD., DEFENDANT.

The opinion of the court was delivered by: Robert P. Patterson, Jr., U.S.D.J.

ORDER

The Court has reviewed the letters of Plaintiffs' counsel, dated October 13, 2006 and October 24, 2006, setting forth the results of add~tiunajlu risdictional discovery as authorized by this Court's Opinion and Ordcr of August 24, 2006. Review of those docutnents relreals no evidence that the owner of the vessel. Defendant Maward Shipping Co., Lld ("Marward"), " 'purpose[fully] avail[ed] itself of the benefits of conducting activities' within this forum." Mutualidad Seguros del Instituto Nacional de Industria v. M.V. Luber, 1098 U.S. Dist. LEXIS 23165 at *6 (quoting Hanson v. Denckla, 357 US. 235,253 (1958)).

Marward acquired the vessel MN Vladimir, subject to an existing charter, for ocean transport between St. Petersburg, Russia, and United States Eas~C oast ports. The alleged collision will] a fishing vessel occurred in the Baltic Sea during that charter. Plaintiffs were not citizens of the United States. Since Plaintiffs have not shown adequate grounds for the Court to change its decision of August 24, 2006, the motion to dismiss is granted.

IT IS SO ORDERED.

20061107

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