[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Page 14800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7316]


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FEDERAL MARITIME COMMISSION

[Docket No. 07-04]


Norland Industries, Inc., Linna Textiles Manufacturing Limited, 
Medcorp Distributors, Inc., Malan Garment Limited and Malan Garment, 
Inc. v. Reliable Logistics, LLC; Notice of Filing of Amended and 
Supplemental Complaint

    Notice is given that an Amended and Supplemental Complaint has been 
filed with the Federal Maritime Commission (``Commission'') by Norland 
Industries, Inc., Linna Textiles Manufacturing Limited, Medcorp 
Distributors, Inc., Malan Garment Limited, and Malan Garment, Inc. 
(``Complainants'') in this proceeding against Reliable Logistics, LLC 
(``Respondent'') noticed on April 25, 2007 (72 FR 20548). Complainants' 
original complaint alleged that Respondent Reliable Logistics, LLC's 
actions as a licensed ocean transportation intermediary (``OTI'') in 
handling Complainants' cargo violated Section 10(d) of the Shipping Act 
of 1984 by failing to establish observe, and enforce just and 
reasonable regulations and practices in connection with transportation 
services (46 U.S.C. 41102(c)). Complainants assert that Washington 
International Insurance Company (``Washington International'') is the 
insurance company that underwrote Respondent's $75,000.00 OTI bond. 
Complainants' Amended and Supplemental Complaint adds Washington 
International Insurance Company as a party to this proceeding and sets 
forth events occurring after the original complaint was filed.
    In the Amended and Supplemental Complaint, Complainants contend 
that Respondent has ceased doing business and that all U.S. mail sent 
to Respondent has been returned as ``undeliverable.'' The Commission's 
attempt to serve notice of this proceeding in April 2007 was also 
returned. Complainants state that, when initiating this proceeding, 
Complainants simultaneously commenced an action against Respondent in 
the Supreme Court of the State of New York. The Commission's proceeding 
was stayed at Complainants' request while pursuing their New York case 
to judgment. Complainants assert that a default judgment was issued 
against Respondent in the New York action in the amount of $181,375.03. 
Complainants claim that their attempts to receive payment from 
Washington International by presenting their judgment against 
Respondent's OTI bond were unsuccessful. Complainants allege that 
Washington International's denial of their claim undermines the very 
purpose for which the OTI bond is to stand as security and therefore 
represents an unfair shipping practice.
    Complainants request that the Commission issue an order for 
reparations against Washington International Insurance Company in the 
amount of $75,000.00 plus interest from August 17, 2008, and legal fees 
in pursuing these proceedings. Complainants also request that the 
Commission grant such other, proper, and further relief as it may deem 
just, proper and equitable in the circumstances.
    Notice is also given that the presiding Administrative Law Judge's 
Memorandum and Order on Motion to File Amended and Supplemental 
Complaint (served March 18, 2009) directed Respondents to serve and 
file their answering memorandum of facts and arguments on or before 
April 3, 2009.

Karen V. Gregory,
Secretary.
 [FR Doc. E9-7316 Filed 3-31-09; 8:45 am]
BILLING CODE 6730-01-P