K.E.I. Enterprise d/b/a KEI Logix v. Greenwest Activewear, Inc.; Notice of Filing of Complaint and Assignment, 32666 [E7-11402]

Agencies

• Federal Maritime Commission

[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Notices]
[Page 32666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11402]


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

FEDERAL MARITIME COMMISSION

[Docket No. 07-05]


K.E.I. Enterprise d/b/a KEI Logix v. Greenwest Activewear, Inc.; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by K.E.I. Enterprise d/b/a KEI 
Logix. Complainant asserts that it is a corporation formed and existing 
under the laws of the State of California and is licensed by the 
Commission as a Non-Vessel-Operating Common Carrier. Complainant 
alleges that Respondent, Greenwest Activewear, Inc., is an exporter of 
fabric and other goods that has its principal place of business in 
California. Complainant also alleges that Respondent's place of 
incorporation is unknown.
    Complainant asserts that it transported fabric from the United 
States to Guatemala on behalf of Respondent on an ongoing basis during 
2006. Complainant contends that Respondent refused to pay freight due 
on other shipments as a result of Complainant's denial to fulfill a 
claim filed by Respondent for cargo stolen while in transit by an 
inland carrier in Guatemala. Accordingly, Complainant refused to 
release these other shipments. Complainant claims that a compromise was 
reached whereby Respondent agreed to pay Complainant freight due in the 
amount of $101,019.08, and Complainant would release all of 
Respondent's cargo. Complainant avers that, pursuant to the compromise, 
on May 16, 2007, Respondent delivered three postdated checks totaling 
$101,019.08, and Complainant subsequently released Respondent's cargo 
on that same day. On May 17, 2007, Complainant asserts that it was 
informed by Respondent's bank that Respondent had placed a stop payment 
order on the postdated checks totaling $101,019.08.
    Complainant contends that Respondent violated of the Shipping Act 
of 1984 (``the Shipping Act'') by inducing Complainant to relinquish 
the cargo and lose its possessory maritime lien when it purportedly 
made payment of freight by postdated checks, knowing that it would stop 
payment on such checks once Complainant released the cargo. Complainant 
asserts that Respondent knowingly and willfully, by means of unjust or 
unfair device, obtained ocean transportation for property at less than 
the rates or charges that Complainant would otherwise apply. 46 U.S.C. 
41102(a).
    Complainant asserts that it has been injured and damaged in the sum 
of $108,019.08. Complainant requests that the Commission require 
Respondent to: (1) Answer the charges in the subject complaint; (2) 
cease and desist from the aforesaid violation of the Shipping Act; and 
(3) pay to Complainant by way of reparations the sum of $108,019.08 
with interest and attorney's fees and any other sums as the Commission 
determines to be proper under the Shipping Act. 46 U.S.C. 41305(b). 
Additionally, Complainant requests that the Commission issue further 
order(s) as it determines to be proper in the premises, and that the 
hearing be in Los Angeles, California.
    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 June 6, 
2008, and the final decision of the Commission shall be issued by 
October 6, 2008.

Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E7-11402 Filed 6-12-07; 8:45 am]
BILLING CODE 6730-01-P