[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Page 75676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30436]


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FEDERAL MARITIME COMMISSION

[Docket No. 10-11]


Smart Garments v. Worldlink Logix Services, Inc.; Notice of 
Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Smart Garments (``SG''), 
hereinafter ``Complainant,'' against WORLDLINK LOGIX SERVICE, INC. 
(``WLLS''). Complainant asserts that it is a ``registered partnership 
firm duly under Indian Law'' and a manufacturer and exporter of 
garments. Complainant alleges that Respondent WLLS is a ``freight 
forwarder/common carrier'' incorporated in New York and licensed by the 
Commission.
    Complainant states that it engaged Respondent as ``a shipping 
agency'' to ship two containers from Chennai, India to New York and 
that the cargo was delivered. Complainant alleges that such deliveries 
``were to be made by WLLS to the buyer, only after surrender of the 
original Bill of Lading.'' Complainant further alleges that the 
``consignments were wrongfully delivered to the buyer [by WLLS], 
without receiving the endorsed Bill of Lading * * *.'' Complainant 
asserts that ``the shipment is still unpaid.''
    Complainant alleges that Respondents violated the Shipping Act of 
1984 by: (1) Giving information about the shipment without the consent 
of the shipper; and (2) ``releasing the goods without original Bill of 
Lading with malafide intention to cheat and defraud''; and by doing so 
knowingly disclosed information about the shipment without consent of 
the shipper and to its detriment and failed to observe and enforce just 
and reasonable practices relating to or connected with the receiving, 
handling, sorting or delivering property in violation of Sections 
10(b)(13) and 10(d)(1) of the Shipping Act, 46 U.S.C. 41103(a) and 
41102(c). Complainant asserts that as a result of the unpaid shipment, 
it is ``losing goodwill, business opportunities and loss of further 
orders from our prospective customers and bankers.''
    Complainant seeks reparations for its lost payment, ``interest on 
investments for past 8 [m]onths'', ``[d]amages toward loss of 
[b]usiness, [g]oodwill and [o]pportunities'', and ``[c]ompensation for 
mental agony.'' Complainant asks the Commission to order reparations in 
the amount of $84,594, and to impose any other relief as the Commission 
determines to be proper, fair, and just.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon proper showing that there are genuine 
issues of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by November 
30, 2011 and the final decision of the Commission shall be issued by 
March 29, 2012.

Karen V. Gregory,
Secretary.
[FR Doc. 2010-30436 Filed 12-3-10; 8:45 am]
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