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