Kelso Enterprises, Ltd. v. M/V WISIDA FROST

Good Law
8 F. Supp. 2d 1197·1998 WL 307074·1998 A.M.C. 1351·1998 U.S. Dist. LEXIS 15929
United States District Court, Central District of CaliforniaFebruary 4, 1998CV 97-5450 ABC (BQRX)California5,517 words

Opinion

Opinion

Collins, J.

ORDER RE: DEFENDANTS’ MOTION TO DISMISS PURSUANT TO ENGLISH FORUM SELECTION CLAUSE IN BILLS OF LADING

After reviewing the materials submitted by the parties and the case file, it is hereby ORDERED that Defendants’ motion to dismiss is GRANTED.

I. Background

A. Procedural History

On July 24, 1997, Plaintiff KELSO ENTERPRISES, LTD. (“Kelso”) filed a Complaint against M/V WISIDA FROST, her engines, boilers etc. (“the Vessel”) in rem; MASTER OF THE M/V WISIDA FROST; WISSEL II., LTD., a business entity (“Wis-sel II”), and REDERIAKTIEBOLAGET GUSTAF ERIKSON, a business entity, in personam. Kelso’s complaint alleges the following claims: (1) negligence (damage to cargo); (2) negligence (deviation) and (3) tor-tious interference with contractual relations. Also on July 24, 1997, Plaintiff in Intervention, UNION DE BANANEROS ECUATO-RIANOS S.A. (“Union”) filed a Complaint in Intervention. Union’s Complaint alleges the following causes of action: (1) breach of contract, and (2) negligence and intentional acts.

On July 24, 1997, Kelso filed an Ex Parte Application for Order Allowing Immediate Discovery. Judge Robbins, the Magistrate Judge assigned to this matter, signed Kelso’s proposed…

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