220-11/MF 

FREEHILL HOGAN & MAHAR, LLP 

Attorneys for Plaintiffs 

U.S. Lines, and ANL 

549 Summit Ave 

Jersey City, NJ 07306-2701 

(973) 623-55141 fax (973) 623-3813 

Michael Fernandez 

UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW JERSEY 

U.S. LINES, and AUSTRALIA NATIONAL 

LINE, 

Plaintiffs, 

- againstAMERICAN STEVEDORING INC. and 

AMERICAN MARITIME SERVICES., 

Defendants 

COMPLAINT 

Plaintiffs, U.S. LINES ("USL") and AUSTRALIA NATIONAL LINE ("ANL"), by its 

attorneys, Freehill Hogan & Mahar, LLP, as and for its Complaint against AMERICAN 

STEVEDORING INC. ("AS I") and AMERICAN MARITIME SERVICES ("ASM"), allege on 

information and belief as follows: 

JURISDICTION 

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

Rules of Civil Procedure. Jurisdiction is predicated upon 28 U.S.c. § 1333. 

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PARTIES 

2. At all material times, Plaintiff USL was and is a company organized and existing by 

virtue of the laws of THE United States with a place of business at One Meadowlands 

Plaza, Suite 201 East Rutherford, NJ 07073 and acted for and on behalf of Plaintiff ANL. 

3. At all material times, Plaintiff ANL was and is a company organized and existing by 

virtue ofthe laws of a foreign state with a place of business at 3601 South Harbor Blvd, 

Suite 200, Santa Ana, CA 92704 and acted as a vessel common carrier by water for hire. 

4. At all material times, Defendant ASI was and is a company organized and existing by 

virtue of the laws of the United States and owned, operated, leased or controlled a marine 

terminal located at 138 Marsh Street, Port Newark, NJ 07114, which is also within the 

geographical range commonly known as the Port of New York. 

5. At all material times, Defendant AMS was and is a company organized and existing by 

virtue of the laws of the United States and operated within the ASI marine terminal with 

a place of business at 138 Marsh Street, Port Newark, NJ 07114. 

RELEVANT FACTS 

6. On or about May 18, 2010 a consignment of 2256 cases of chocolate ("cargo") laden into 

refrigerated containers GESU9051153 and CRLU 5187657 was delivered to ASI's terminal 

pending loading on board a vessel for carriage to Sydney, Australia under USLI ANL bill of 

lading USA0129638 NA4266483. 

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E. 

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7. ASI and/or AMS failed to properly monitor, control, cool and/or otherwise care for the cargo 

while in their care, custody and/or control. Thereafter the cargo was transported by vessel to 

Australia and duly delivered as per the bill of lading. The cargo receiver has alleged that the 

cargo suffered physical damage as a result of exposure to improper temperature and asserted 

a claim against Plaintiffs in the amount of $1 06,816.24. ("claim") 

8. In addition Plaintiff's have and continue to incur fees and expenses, including attorneys' fees, 

arising from and related to such claim for and by which Plaintiffs seek indemnity and/or 

contribution from Defendants. 

9. The alleged damage to the cargo was not the result of any act or omission of Plaintiffs but 

resulted from the Defendants negligence, carelessness, omission, breach of duty, fault, 

neglect, breach of contract, breach of warranty (express or implied), breach of bailment and 

breach of a warehouseman's duty for and by which Plaintiffs seek indemnity and/or 

contribution from Defendants. 

WHEREFORE, Plaintiffs pray: 

1. The Court order, adjudge and decree that Defendants ASI and AMS be found jointly and 

severally liable and pay to Plaintiffs the damages, fees and expenses alleged herein, together 

with pre-judgment and post judgment interest and costs; and 

2. This Court grant to Plaintiff such other and further relief as may be just and proper. 

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Dated: New York, New York 

June 22, 2011 

371137.1 

By: 

FREEHILL, HOGAN & MAHAR LLP 

Attorneys for Plaintiffs 

u.~~-/ 

Michael Fernandez ~ 

549 Summit Ave 

Jersey City, NJ 07306-2701 

(973) 623-55141 fax (973) 623-3813 

4 

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