HMK/jb FS 7865 A,B

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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MAN FERROSTAAL, INC.

Plaintiff, 07 CIV 5835(WHP)(KNF)

 ECF CASE

-againstM/V DUBAI JEWEL, her engines, boilers, VERIFIED

tackle, etc., JEWEL MARITIME LTD., COMPLAINT

OASIS SHIP MANAGEMENT LLC, 

OASIS MARITIME SERVICES LLC, 

SM CHINA CO., LTD.

Defendants.

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Plaintiffs through their attorney KINGSLEY, KINGSLEY & CALKINS allege for

their complaint herein:

1. This is a claim under the Court's Admiralty and Maritime jurisdiction with

respect to the carriage of goods by water, and under the Federal question jurisdiction

under the Interstate Commerce Act, and Court's diversity and pendent jurisdiction with

respect to the remaining aspects of the claim. 

2. Plaintiffs are the owners or duly authorized representatives of the owners

or underwriters or subrogated underwriters of cargo shipped on board the captioned

vessel which is more particularly described in Schedule A hereto, and for which bills of

lading were issued.

3. Defendants were vessel owners, suppliers, sellers, shippers, inspectors,

managers, operators, charterers, freight forwarders, stevedores, terminal operators,

common carriers by water and by land, bailees for hire, insurers and sureties with respect

to the cargo described in Schedule A hereto which was sold, shipped, inspected, carried,

Case 1:07-cv-05835-WHP Document 1 Filed 06/20/2007 Page 1 of 4
kept, discharged and delivered from the captioned vessel, inland conveyances, terminals

and warehouses by defendants.

4. The cargo described in Schedule A was lost and damaged by defendants due

to the fault, neglect, deviation, unseaworthiness, maritime tort, tortious interference with

contract, breach of warranty, sinking, stranding, salvage expenses, general average and

conversion of defendants, their agents and servants, and delivered by defendants in

non-conforming and contaminated condition, mis-delivered and non-delivered.

5. The vessel is now or will be during the pendency of this action within the

jurisdiction of this Honorable Court.

6. Plaintiffs' sue on their own behalf and as agents and trustees on behalf of any

other party who may now have or hereinafter acquire an interest in this action.

7. If this claim is subject to Arbitration then plaintiffs hereby demand such

Arbitration and appoint Lucienne C. Bulow of New York City as arbitrator thereof.

8. Plaintiffs' damages are in excess of $80,000.00.

WHEREFORE, plaintiffs demand judgment in an amount exceeding $80,000.00 plus

interest and costs and pray the Court to issue its process against the aforesaid defendants

and vessel.

Dated: June 11, 2007

KINGSLEY, KINGSLEY & CALKINS

Attorneys for Plaintiff

BY:__/S/____________________

 HAROLD M. KINGSLEY

 91 West Cherry Street

 Hicksville, New York 11801

 (516) 931-0064 

 hmk@kingsleyandkingsley.com

Case 1:07-cv-05835-WHP Document 1 Filed 06/20/2007 Page 2 of 4
 SCHEDULE A

OUR REF: FS 7865 A, B

VESSEL: M/V DUBAI JEWEL

PORTS: CHANGSHU/HOUSTON, NEW ORLEANS

BILLS OF LADING: SMAG605CHHT009,10, 32 THROUGH 47, 49

THROUGH 55, 58 THROUGH 68, 70

DATED: MAY 26, 2006, THROUGH JUNE 6, 2006

SMAG605CHNOL013,014,015,016,020 THROUGH

034

DATED: JUNE 7, 2006

CHARTER PARTY: BETWEEN SM CHINA CO., LTD. AND MAN

FERROSTAAL, INC.

DATED: MAY 17, 2006

DESCRIPTION OF CARGO: STEEL PIPE

AMOUNT: $ 80,000.00

Case 1:07-cv-05835-WHP Document 1 Filed 06/20/2007 Page 3 of 4
VERIFICATION

HaroldM. Kingsley, the undersigned, an attorney admitted to practice in the courts

of the state of New York , state that I am the attorney of record for MAN FERROSTAAL,

INC., in the within action; I have read the foregoing Complaint and know the contents

thereof; and I declare and affirm under penalties of perjury that the same is true to my

knowledge based on documents in my file, on information and belief, and which I believe

to be true.

The reason this Verification is made by the undersigned and not by an officer of

MAN FERROSTAAL, INC., is that there are no officers now present in Nassau County

where affiant has his office.

Dated: June 11, 2007

____/S/_____________________

 HAROLD M. KINGSLEY

Case 1:07-cv-05835-WHP Document 1 Filed 06/20/2007 Page 4 of 4