Citations
- 263 F. Supp. 784
Full opinion text
COOPER, District Judge.
Sumitomo Shoji New York, Inc. moves to intervene in this libel. Motion denied.
Presently pending in the New York Supreme Court, New York County, is an action wherein Sumitomo Shoji New York, Inc. (Sumitomo), plaintiff, against Isbrandtsen Company, Inc., defendant, (movant and libelant respectively before us) seeks to recover the purchase price of steel wire under contracts of sale. The libel with which we are concerned was brought against the ocean carrier, respondent, to recover for damage to the identical goods while in transit.
We take into consideration the following:
1. September 28, 1961: Libel filed.
2. May 25, 1965: Libel dismissed.
3. April 11, 1966: The Court on libelant’s application vacated the order and restored case to docket.
4. September 23: Intervenor noticed a motion returnable September 30, 1966 in the Calendar Part “for permission to make motion to intervene.”
5. September 28: A consent order of discontinuance without prejudice by the parties to the libel was filed.
6. September 30: Chief Judge Sugarman sitting in Calendar Part granted the application for leave to intervene.
7. October 11: The instant motion to intervene was brought on and made returnable in Motion Part.
The parties to the libel, having been put on notice by intervenor on September 23 that it would make application for permission to move in Motion Part for leave to intervene, should have sought, by a recital of that fact, permission by a judge to discontinue without prejudice or court approval of the stipulation