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16-3925 - Danmar Lines, Ltd. v. CMA - CGM S.A.


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16-3925 - Danmar Lines, Ltd. v. CMA - CGM S.A.
April 4, 2016
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MEMORANDUM Opinion and Order: Swiss corporation Danmar Lines, Ltd. ("Danmar") has just sued foreign corporationCMA - CGM S.A. ("CGM"), attempting to invoke both diversity jurisdiction under 28 U.S.C.§ 13321 and admiralty jurisdiction under Section 1333. But because Danmar's counsel clearly have not read Section 1332(a) or the caselaw dealing with diversity between alien corporations (see, e.g., 15 Moore's Federal Practice §§ 102.77 and 102.55 (3d ed. 2005) and the many cases cited in both sections), this action will proceed solely in admiralty. And because Complaint paragraph 3 also seeks to call the supplemental jurisdiction provisions of Section 1367(a) into play, this Court leaves to the future the question whether any aspect of state law may apply to the litigation. With those things said, this action may proceed in the regular course, except as CGM may raise issues beyond those stated here. To that end, this Court is contemporaneously issuing its customary form of initial scheduling order. Signed by the Honorable Milton I. Shadur on 4/4/2016:Mailed notice(clw, )