Liberty Mutual Insurance Company v. All-Ways Forwarding Int'l Inc.
- Vernon Broderick
- 1:21-cv-08726
- U.S. District Court · Southern District of New York
- 2
In Liberty Mutual Insurance Company v. All-Ways Forwarding Int'l Inc., Judge Broderick ordered All-Ways to explain whether it will oppose pending dismissal motions.
All-Ways Forwarding Int’l Inc. is required to explain whether it will oppose the dismissal motions filed by HMM Co Ltd and Ocean Network Express Pte. Ltd.; the motions concern All-Ways’s third-party complaint.
What happened
Liberty Mutual Insurance Company sued All-Ways Forwarding Int’l Inc., which then filed a third-party complaint involving HMM Co Ltd and Ocean Network Express Pte. Ltd. Those third-party defendants asked the court to dismiss All-Ways’s third-party complaint.
The court had given All-Ways four extensions to respond, but All-Ways missed the latest deadline, December 21, 2023. The opinion does not decide the pending dismissal motions.
Judge Vernon S. Broderick ordered All-Ways to file a letter by January 3, 2024, explaining whether it intends to oppose the motions. If All-Ways does not respond, the court said it will consider the motions under the standard for motions to dismiss that no party has opposed.
The detailed version
- Liberty Mutual Insurance Company v. All-Ways Forwarding Int'l Inc. · No. 1:21-cv-08726
- Vernon Broderick
- Dec. 22, 2023
Background
Liberty Mutual Insurance Company, acting as subrogor of World Global Wholesale LLC, sued All-Ways Forwarding Int’l Inc. All-Ways filed a third-party complaint against HMM Co Ltd, Ocean Network Express Pte. Ltd., and other third-party defendants. HMM and Ocean Network Express filed motions to dismiss that third-party complaint on June 29 and 30, 2023.
The court granted All-Ways four extensions of time to oppose the motions. All-Ways nevertheless missed the most recent deadline, December 21, 2023.
Order
The court ordered All-Ways to file a letter by January 3, 2024, explaining whether it intends to oppose HMM’s and Ocean Network Express’s motions to dismiss. The court stated that if All-Ways fails to respond, it will consider the motions under the standard for unopposed motions to dismiss.
Effect
The order set a response deadline and warned about the consequence of not responding. It did not grant or deny the pending motions to dismiss and did not decide the merits of the third-party complaint. Judge Vernon S. Broderick issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.