David L. Mazaroli (DM-3929) 

Attorney for Plaintiff 

11 Park Place – Suite 1214 

New York, NY 10007-2801 

Tel. (212)267-8480 

Fax. (212)732-7352 

e-mail: dlm@mazarolilaw.com 

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

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SERVICE-UNIVERSAL DISTRIBUTORS, 

INC.; SERVICE LIQUOR DISTRIBUTORS, 

UNIVERSAL LIQUOR DISTRIBUTORS, 

and their cargo insurers; 

 Plaintiffs, 

 -againstM/V SYDNEY EXPRESS, M/V DRESDEN 

EXPRESS, their engines, tackles, boilers, etc.; 

CP SHIPS (UK) LIMITED; 

CP SHIPS; HAPAG LLOYD CONTAINER 

LINE; HAPAG LLOYD AMERICA, INC.; CPS 

NUMBER 1; 

 Defendants. 

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ECF CASE 

07 Civ. 3389 (RWS) 

COMPLAINT 

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 Plaintiffs, through their undersigned attorney, allege as follows for their complaint 

against the captioned defendants: 

 1. This is an admiralty and maritime claim within the meaning of Rule 9(h) 

of the Federal Rules of Civil Procedure arising from a maritime contract to carry cargo by 

ocean vessel from the place of receipt in Australia to the place of intended delivery at 

New York. This action also falls within the Court’s federal question, pendent, ancillary, 

and supplemental jurisdiction as to the remaining aspects of the claim in suit, including 

those matters relating to the multimodal and interstate carriage of the cargo. Plaintiffs 

Case 1:07-cv-03389-RWS Document 1 Filed 04/30/2007 Page 1 of 3
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seek recovery for cargo damage and loss caused by defendants’ breaches of contract and 

torts. 

 2. Plaintiffs Service-Universal Distributors, Inc., Service Liquor Distributors, 

and Universal Liquor Distributors are corporations or other business entities organized 

under the laws of, and with their principal place of business in, certain of the fifty states, 

and bring this action as and for the purchasers, owners, and intended consignees of the 

cargo in suit, and as holders of the subject bills of lading. This action is also brought for 

and on behalf of the insurer of the cargo, Vigilant Insurance Co., as its interests may now 

or hereafter appear. 

 3. Defendants are believed to be corporations organized under the laws of, 

and with their principal places of business in, certain of the fifty states or foreign 

sovereigns and are engaged in the business of a common carriers of cargo for hire and the 

provision of services related thereto. 

 4. Upon information and belief said defendants conduct business with 

respect to shipments to, from and within the State of New York and the United States as a 

whole. 

 5. The captioned vessels are now or will be during the course of this action 

within the maritime jurisdiction of this Court or is otherwise subject to jurisdiction 

pursuant to Rule 4(k)(2) Federal Rules of Civil Procedure. 

 6. This action involves damage and loss to shipments of wine carried in 

containers CASU080299-1 and FBLU7310722-7 from Adelaide, Australia, to New York, 

with ocean carriage on aboard the M/V SYDNEY EXPRESS, voyage 6507N, and/or the 

M/V DRESDEN EXPRESS, voyage 087E, as described more fully in CP Ships (UK) 

Case 1:07-cv-03389-RWS Document 1 Filed 04/30/2007 Page 2 of 3
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Ltd. bills of lading SYDPP008560 and SYDPP008570, both dated on or about March 31, 

2006, and others. 

 7. The aforesaid loss and damage was caused by defendants' reckless failure 

to properly load, stow, carry, protect, care for and deliver the subject cargo, and 

defendants’ unreasonable deviation from, and fundamental breaches of, the governing 

contracts of carriage. 

 8. As a result of the aforesaid, defendants, as common carriers, bailees, and 

or warehousemen for hire, are liable to plaintiffs for damages in the amount of 

$200,000.00, no part of which has been paid although duly demanded. 

 9. Plaintiffs sue on their own behalf and as agents and trustees for and on 

behalf of anyone else who may now have or hereafter acquire an interest in this action. 

 WHEREFORE, plaintiffs demand judgment against the captioned defendants 

jointly and severally in the amount of $200,000.00, in addition to prejudgment compound 

interest at the rate of 9% per annum and the costs of this action, and respectfully request 

that the Court issue its process against the aforesaid vessels in rem. 

Dated: New York, New York 

 April 27, 2007 

 Law Offices, 

 DAVID L. MAZAROLI 

 s/David L. Mazaroli

 __________________________ 

 David L. Mazaroli (DM3929) 

 Attorney for Plaintiffs 

 11 Park Place - Suite 1214 

 New York, New York 10007 

 Tel: (212) 267-8480 

 Fax: (212) 732-7352 

 File No.: 7C-1490 

Case 1:07-cv-03389-RWS Document 1 Filed 04/30/2007 Page 3 of 3