Judge J. Paul Oetken
Del Monte claimed damage to a cargo of bananas and melons after the M/V Africa Reefer’s cooling systems failed. Defendant Melville Services no longer exists. Seatrade Group NV cross claimed against Lavinia Corp. Ltd. and Laskaridis Shipping Co. Ltd. for contract breach. The court granted both dismissal of Del Monte’s complaint and of Seatrade’s cross claims. The forum selection clause in an unissued bill of lading did not support long-arm jurisdiction over Lavinia. It was neither a "Member" for purposes of an operative pool agrement nor a "remote owner" of the sort that could be held to the terms of a bill of lading signed for and on behalf of the master. Nor did sufficient U.S. contacts exist to establish jurisdiction under Federal Rule of Civil Procedure 4(k)(2). Lavinia did not purposefully avail itself of conducting activities with the United States. It was not a party to either the charter contract or bill of lading. Nor was the M/V Africa Reefer under Lavinia’s direction and control when it was scheduled to deliver the subject cargo. Discussing Porina v. Marward Shipping, the court found that the fact that Lavinia owns ships that have called at American ports 178 times in the past six years did not subject it to general jurisdiction.
