责任限制案例1.doc

In re Otal Investments - m/v Kariba In re Otal Investments Ltd. Not Reported in F.Supp.2d, 2005 WL 1588986 S.D.N.Y.,2005. July 08, 2005 (Approx. 3 pages) Not Reported in F.Supp.2d, 2005 WL 1588986 (S.D.N.Y.), 2005 A.M.C. 2454 Motions, Pleadings and Filings Judges, Attorneys and Experts United States District Court, S.D. New York. In re OTAL INVESTMENTS LTD., as Owner of the M/V Kariba, for Exoneration from or Limitation of Liability OTAL INVESTMENTS LTD., Third-Party Plaintiff, v. CAPITAL BANK PUBLIC LTD. CO., Actinor Car Carrier I As, Wilh. Wilhelmsen ASA, Wallenius Wilhelmsen Lines, Clary Shipping Pte. Ltd., MST Mineralien Schiffahrt Spedition und Transport GmbH, Mineral Shipping Co. Private Ltd., Third-Party Defendants, AUGUSTA ASSICURAZIONI S.P.A., Plaintiff, v. WALLENIUS WILHELMSEN LINES AS, et al., Defendants, ZURICH INSURANCE CO., et al., Plaintiffs, v. M/V TRICOLOR, et al., Defendants, No. 03 Civ. 4304, 03 Civ. 9962, 04 Civ. 1107. July 8, 2005. OPINION ORDER BAER, J. *1 This civil action (consolidated on August 27, 2004, by consent of the parties) has been brought before the Court on a motion in limine and a motion to dismiss an in rem claim by Third-Party Defendants Clary Shipping Pte. Ltd., MST Mineralien Schiffahrt Spedition und Transport GmbH, Mineral Shipping Co. Private Ltd. (collectively “Clary Interests”).FN1 For the reasons set forth below, the Clary Interests motions are both DENIED. FN1. In addition to Clary, Third-Party Defendants include Capital Bank Public Limited Company, Actinor Car Carrier I AS, Wilh. Wilhelmsen ASA and Wallenius Wilhelmsen Lines AS (collectively “Tricolor Interests”). Also involved in this matter are various owners of damaged cargo (collectively “Cargo Claimants”). I.Background On December 14, 2002, the M/V Kariba, the M/V Tricolor, and the M/V Clary were navigating through dense fog in the international waters of the Dover Straits in the English Channel. As the M/V Tricolor overtook the M/V Kariba, the two ships collide