Opinion
MDL 3028
06-01-2022
IN RE: ONE APUS CONTAINER SHIP INCIDENT ON NOVEMBER 30, 2020
TRANSFER ORDER
Before the Panel: Eleven Non-Vessel Owning Common Carrier (NVOCC) defendantsmove under 28 U.S.C. § 1407 to centralize this litigation in the Southern District of New York. This litigation consists of forty-nine actions pending in ten districts, as listed on Schedule A. The parties have informed the Panel of nine related actions pending in two districts, All responding parties support centralization in the Southern District of New York.
Moving defendants are Apex Logistics International Inc.; Orient Express Container Co., Ltd.; Flexport International LLC; Dimerco Express (USA) Corp.; RS Logistics Limited; Oregon International Air Freight Co.; Air Tiger Express (ASIA) Inc,; Apex Maritime Co. (LAX), Inc.; Apex Maritime Co. (ORD), Inc,; Apex Maritime Co., Inc,; and Rohlig USA, LLC.
Two additional actions on the motion were subsequently dismissed.
These and any other related actions are potential tag-along actions. See Panel Rules 1.1(h), 7.1, and 7.2.
On the basis of the papers filed and the hearing session held, we find that the actions listed on Schedule A involve common questions of fact, and that centralization in the Southern District of New York will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. These actions arise from an incident involving the ultra large container vessel ONE Apus. This vessel allegedly encountered severe weather on November 30, 2020, resulting in a substantial roll during which approximately 1,800 containers were lost overboard. Approximately 1,000 additional containers were damaged by the collapse of the container stacks. The actions on the motion fall into two categories: (a) actions brought by either subrogated underwriters or the cargo shippers or consignees of the allegedly lost or damaged cargoes, who seek to recoup their losses; and (b) actions for indemnification by NVOCCs against the vessel interests. All the actions will involve common questions of fact as to the events of November 30, 2020, and the cause or causes of the cargo loss. Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel, and the judiciary.
The Southern District of New York is an appropriate transferee district for this litigation. The district is requested by movants and supported by all responding parties. Nearly half of the related actions (27 of 58) are pending in this district. The parties assert that the ONE Apus calls at ports located in or near the Southern District of New York, which will facilitate discovery. We assign this litigation to the Honorable Paul A. Engeimayer, an experienced transferee judge with the capacity to take on this litigation. We are confident that Judge Engeimayer will steer this litigation on a prudent and expeditious course.
IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Southern District of New York are transferred to the Southern District of New York and, with the consent of that court, assigned to the Honorable Paul A. Engeimayer for coordinated or consolidated pretrial proceedings.