Triton Container International Ltd. v. Di Gregorio Navegacao Ltda.

ORDER

Triton Container International Limited (“Triton”) appeals the district court’s denial of its application for a permanent injunction to enjoin Di Gregorio Navegacao Ltda., Di Gregorio Tocan Transportes Ltda., Franco Di Gregorio, and Camillo Di Gregorio (collectively, “Di Gregorio”) from further pursuing a contract-related action against Triton in Brazil.

Triton, a lessor of ocean cargo containers, brought a breach of contract action against Di Gregorio in United States district court. The district court entered a final judgment against Di Gregorio of approximately $4,442,514. Di Gregorio did not appeal.

More than seven months after this judgment, Di Gregorio filed an action against Triton in a Brazilian state court. This action involved the same facts as in the concluded United States action. After the Brazil action commenced, Triton applied to the federal district court for an injunction against Di Gregorio’s further pursuing the Brazil action. The district court denied the application in the interests of comity. Shortly after the denial of Triton’s application, the Brazilian court issued a monetary judgment against Triton of approximately $1,848,085. Di Gregorio has not…