Milos Product Tanker Corporation v. Valero Marketing and Supply Company
Opinion
Trial Court Opinion
I. INTRODUCTION
On March 8, 2022, plaintiff Milos Product Tanker Corporation, (“Milos”), filed this action against defendant Valero Marketing and Supply Company, (“Valero”), alleging claims for breach of contract and money had and received. Dkt. 1. Plaintiff's claims arise out of an ocean voyage charter party and therefore comprise admiralty and maritime claims pursuant to Federal Rule of Civil Procedure 9(h) and 28 U.S.C. § 1333(1). Id. J 1. On April 20, 2022, defendant filed an answer. Dkt. 10. On August 4, 2020, defendant filed a motion to dismiss. Dkt. 21. On November 29, 2022, following a hearing on the matter, the Court denied defendant’s motion to dismiss plaintiff's breach of contract claim and granted with leave to amend defendant’s motion to dismiss plaintiff's claim for money had and received. Dkt. 33. On December 8, 2022, plaintiff filed its First Amended Complaint alleging claims for breach of contract and money had and received. Dkt. 35. On April 14, 2023, the parties filed cross motions for summary judgment. Dkts. 39, 40. On May 1, 2023, plaintiff filed an opposition to defendant’s motion for summary