Vogt-Nem, Inc. v. M/V TRAMPER

MEMORANDUM AND ORDER

Plaintiff VOGT-NEM, INC brings this action against defendant WEST AFRICAN SHIPPING COMPANY, N.V., owner and operator of the vessel the TRAMPER, for damages sustained to plaintiffs cargo while being shipped aboard the TRAMPER. Defendant filed a third-party complaint attempting to implead YW GLOBAL OVERSEAS B.V. (“VWG”) pursuant to Federal Rule of Civil Procedure 14(c). Now before the court is VWG’s motion to dismiss the third-party complaint for improper venue and lack of jurisdiction. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court rules as follows.

BACKGROUND

Plaintiff contracted with third-party defendant VWG for the shipment of power plant components from Korea to Stockton, California. Mot. to Dis. at 2:18. VWG acted as a “freight forwarder” for plaintiff and contracted with defendant WEST AFRICAN SHIPPING COMPANY, N.V., owner of the TRAMPER, to ship the components aboard defendant’s vessel. Id. at 2:20-22. En route from Korea, the TRAMPER encountered rough weather, causing the components to shift in stow and become damaged. Id. at 3:10. Plaintiff surveyed the damaged components when the vessel…