[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Notices]
[Pages 17100-17101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4930]


-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 06-05]


Verucci Motorcylces LLC v. Senator International Ocean, LLC; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Verucci Motorcycles, LLC., 
(``Complainant''), against Senator International Ocean, LLC, 
(``Respondent''). Complainant asserts

[[Page 17101]]

that it is a limited liability company engaged in the business of 
manufacturing and wholesale distribution of motorcycles and scooters. 
Complainant contends that Respondent Senator International Ocean, LLC. 
is a licensed international freight forwarder, Customs Broker, and 
NVOCC. Complainant asserts that in September of 2005 it agreed to use 
Respondent's services for freight forwarding and customs brokerage in 
connection with their importation of scooters and motorcycles from 
China to the USA and Puerto Rico. Complainant asserts that Respondent 
failed to fulfill its transportation obligations, leading to delays and 
financial losses to Complainant. Complainant further contends that the 
actions of Respondent violate Section 10 of the Shipping Act of 1984 
(``The Act'') by committing the following prohibited acts: 
Misdeclarations of cargo; unfilled agreements; failure to carry out 
transportation obligations resulting in cargo delays and financial 
losses for shippers; unfair or unjust discriminatory practices; and 
unreasonable refusal to deal or negotiate. In addition, Complainant 
contends that Respondent violated 46 CFR 515.31(d) by not exercising 
due diligence and negligently providing fraudulent information in 
shipping documents, and withholding information from its principal. 
Complainant prays that the Commission require the Respondent to: Answer 
the charges; cease and desist from the aforesaid violations; establish 
and put in force such practices as the Commission determines to be 
lawful and reasonable; pay Complainant by way of reparations 
$3,841,825.00 plus interest and attorney's fees or such other sum as 
the Commission may determine to be proper as an award of reparation; 
and that such other and further order or orders be made as the 
Commission determines to be proper in the circumstances.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon proper showing that there are genuine 
issues of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by April 2, 
2007, and the final decision of the Commission shall be issued by July 
31, 2007.

Bryant L. VanBrakle,
Secretary.
 [FR Doc. E6-4930 Filed 4-4-06; 8:45 am]
BILLING CODE 6730-01-P