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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FEDERAL INSURANCE COMPANY; 

 Plaintiff, 

 - against - 

M/V “RICKMERS TOKYO”, 

M/V “RICKMERS JAKARTA”, 

their engines, tackles, boilers, etc.; 

RICKMERS-LINIE GMBH & 

CIE. KG, HAMBURG; 

 Defendants. 

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ECF CASE 

07 Civ. 3372 (VM) 

COMPLAINT 

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Plaintiff, through its undersigned attorney, alleges as follows for its complaint 

against defendants: 

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

of the Federal Rules of Civil Procedure with respect to the carriage of the subject cargo 

by sea and also falls within the Court’s federal question, pendent, ancillary, and 

supplemental jurisdiction as to the remaining aspects of the claim in suit. Plaintiff seeks 

recovery for cargo loss and damage caused by defendants’ breaches of contract and torts. 

 2. Plaintiff Federal Insurance Company is a corporation organized under the 

laws of one of the fifty states with an office at 55 Water Street, New York, New York, 

and sues herein as subrogated insurer of the cargo in suit, having paid the insurance 

Case 1:07-cv-03372-VM Document 1 Filed 04/27/2007 Page 1 of 5
claims of Shamrock Steel, Inc. and Shamrock Building Materials, Inc. and for and on 

behalf of the shipper, consignee and owner of the cargo as their interests may appear. 

3. Defendant Rickmers-Linie GmbH & Cie. KG, Hamburg (“Rickmers”) is

believed to be a corporation organized under the laws of foreign sovereign. 

4. This Court has jurisdiction over Rickmers who conducts business in the 

State of New York and/or within the United States as a whole within the meaning of 

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

5. Upon information and belief the captioned vessels, which was at all 

material times were owned, chartered, managed, operated, or hired by Rickmers, are now, 

or will be during the pendency of this action, within the admiralty and maritime 

jurisdiction of this Honorable Court or is otherwise subject to jurisdiction pursuant to 

Rule 4(k) (2) Federal Rule of Civil Procedure. 

6. This action involves loss and damage to the shipments which are 

described more fully described in the bills of lading listed on the annexed Schedules A 

and B, which are incorporated herein by reference. 

7. The aforementioned damage and loss was caused in whole or in part by 

the unseaworthiness of the carrying vessels as well as defendants’ reckless failure to 

properly and safely store, load, stow, lash, carry, ventilate, discharge, deliver and care for 

the subject cargo, and their unreasonable deviations from, and fundamental breaches of, 

the terms of the governing contracts of carriage. 

8. As a result of the foregoing, plaintiff, and those on whose behalf it sues, 

has sustained damages in the amount of $72,783.53 for which defendants are jointly and 

severally liable without limitation of any kind. 

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Case 1:07-cv-03372-VM Document 1 Filed 04/27/2007 Page 2 of 5
9. Plaintiff sues on its own behalf and as agent and trustee for and on behalf 

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

WHEREFORE, plaintiff demands judgment against defendants jointly and 

severally in the amount of $72,783.53 together with interest at the rate of 9% per annum 

and the costs of this action and prays that this Honorable 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 (DM 3929) 

 Attorney for Plaintiff 

 11 Park Place - Suite 1214 

 New York, New York 10007 

 Tel.: (212)267-8480 

 Fax.: (212)732-7352 

 E-mail: dlm@mazarolilaw.com

 File Nos.: 6C-1263 and 6C-1332 

 

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Case 1:07-cv-03372-VM Document 1 Filed 04/27/2007 Page 3 of 5
SCHEDULE A

Subrogated Insurer: Federal Insurance Company 

Shipper: Weifgang East Steel Pipe Co., Ltd. 

Consignees: Shamrock Steel, Inc. and 

Shamrock Building Materials, Inc. 

Vessel: M/V “RICKMERS TOKYO” 

Voyage: 152 

Port of Loading: Qingdao 

Port of Discharge: New Orleans 

Bills of Lading: RCKI152QINNOL04 thru 26 

dated: February 23, 2005 

Shamrock Order No. 71978 

Commodity: galvanized steel pipes 

Claim Amount: $59,440.53 

Rickmers-Linie File: 60067 

Chubb File: 66852/035 

DLM File: 6C-1263 

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Case 1:07-cv-03372-VM Document 1 Filed 04/27/2007 Page 4 of 5
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SCHEDULE B

Subrogated Insurer: Federal Insurance Company 

Shipper: Weifgang East Steel Pipe Co., Ltd. 

Consignees: Shamrock Steel, Inc. and 

Shamrock Building Materials, Inc. 

Vessel: M/V “RICKMERS JAKARTA” 

Voyage: 168 

Port of Loading: Qingdao 

Port of Discharge: Houston + New Orleans 

Bills of Lading: RCKI168QINHOU16 and 31 

RCK1168QINNOL03, 08, 15, 23 and 29 

dated: October 10, 2005 

Shamrock Order Nos.: 73185, 73158, 73186 and 73238 

Commodity: galvanized steel pipes 

Claim Amount: $13,343.00 

Rickmers-Linie File: 63260/KB 

Chubb File: 66852/046 

DLM File: 6C-1332 

Case 1:07-cv-03372-VM Document 1 Filed 04/27/2007 Page 5 of 5