[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Notices]
[Pages 20548-20549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7913]


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

FEDERAL MARITIME COMMISSION

[Docket No. 07-04]


Norland Industries, Inc., Linna Textiles Manufacturing Limited, 
Medcorp Distributors, Inc., Malan Garment Limited, and Malan Garment, 
Inc. v. Reliable Logistics, LLC; Notice of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Norland Industries, Inc., Linna 
Textiles Manufacturing Limited, Medcorp Distributors, Inc., Malan 
Garment Limited, and Malan Garment, Inc. (``Complainants''), against 
Reliable Logistics, LLC. (``Respondent''). Complainants assert that 
Norland Industries, Inc., Medcorp Distributors, Inc., and Malan 
Garment, Inc. are corporations or other business entities formed and 
existing under the laws of the State of New York, and Linna Textiles 
Manufacturing Limited and Malan Garment Limited are corporations or 
other business entities under the laws of a foreign nation. 
Complainants assert that all Complainants are related entities engaged 
in the business of importing into and trading cargoes of clothing 
within the United States of America. Complainants allege that 
Respondent Reliable Logistics, LLC is a corporation, limited liability 
company or entity engaged in the business of acting as a non-vessel 
operating common carrier, freight forwarder, bailee and/or warehouseman 
for hire. Complainants state that they hired Respondent to provide 
certain transportation related services for a number of import 
shipments of clothing and department store merchandise. Complainants 
assert that on or about April 20, 2004, Respondent abruptly, and 
without notice, informed Complainants that it no longer desired to 
provide transportation services to Complainants and that it wished to 
terminate their business relationship. Complainants allege that, in its 
attempt to terminate its business relations with Complainants, 
Respondent wrongfully seized twelve (12) of Complainants' containers, 
allegedly as leverage for wrongful demand of immediate payment of all 
invoices for freight and other charges, notwithstanding the extension 
of credit and thirty (30) day payment terms to Complainants. Through 
payments and under protest, Complainants were able to secure eleven 
(11) of the seized containers.
    Complainants contend that the actions of Respondent violate Section 
10(d) of the Shipping Act by failing to establish, observe, and enforce 
just and reasonable regulations and practices in connection with 
transportation services on three counts: (1) $71,274 in damages to 
Complainants for the price of goods and duty paid on the container 
Respondent maintained control of; (2) $314,037.05 in damages to 
Complainants for actions Complainants were forced to take to retain 
customers after missing buying/purchasing seasons and delivery windows 
for the cargo Respondent maintained control of; and (3) $96,720 in 
damages to Complainants for loss of Visa documentation which Respondent 
allegedly did not surrender to Complainants. Complainants request the 
Commission issue an Order for Reparations in the Complainants' favor 
for $71,274.91 for the first count; $314,037.05 for the second count; 
$96,720 for the third count; and grant such other proper and further 
relief the Commission deems appropriate.
    This proceeding has been assigned to the Office of the 
Administrative Law Judges. Pursuant to the Commission's Rules of 
Practice and Procedure, 46 CFR 502.181 (Subpart K--Shortened Procedure) 
Complainants have requested that their complaint be handled on an 
expedited basis. Under this procedure, with the consent of the parties 
and with the approval of the presiding officer, this proceeding may be 
conducted under shortened procedure without oral hearing, except that a 
hearing may be ordered by the presiding officer at the request of 
either party to the proceeding or at the presiding officer's 
discretion. Within 25 days of the date of service of the complaint, 
Respondent shall, if they consent to the shortened procedure, file with 
the Commission and serve on the Complainants, their answering 
memorandum of facts and arguments relied upon. Within 15 days after the 
date of service of Respondent's answering memorandum, Complainants may 
file with the Commission and serve on the Complainants, their reply. 
This will close the record for decision unless the presiding officer 
orders the submission of additional evidentiary material. If Respondent 
does not consent to this shortened procedure, the matter will be 
governed by 46 CFR 502.61 (Subpart E--Proceedings, Pleadings, Motions, 
Replies). Pursuant to the further terms of 46 CFR 502.61,

[[Page 20549]]

the initial decision of the presiding officer in this proceeding shall 
be issued by April 18, 2008, and the final decision of the Commission 
shall be issued by August 18, 2008.

Karen V. Gregory,
Assistant Secretary.
[FR Doc. E7-7913 Filed 4-24-07; 8:45 am]
BILLING CODE 6730-01-P