Global Oil Tools, Inc. v. Expeditors International of Washington, Inc. et alRESPONSE/MEMORANDUM in OppositionE.D. La.March 18, 2019- 1 - PD.25447554.2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA GLOBAL OIL TOOLS, INC. VERSUS EXPEDITORS INTERNATIONAL OF WASHINGTON, INC., ET AL. CIVIL ACTION NO. 16-cv-16372 SECTION “M” HONORABLE BARRY W. ASHE MAGISTRATE JUDGE (1) HONORABLE JANIS VAN MEERVELD HAPAG-LLOYD (AMERICA), LLC’S RESPONSE IN OPPOSITION TO EXPEDITORS OF WASHINGTON, INC. AND ZURICH AMERICAN INSURANCE COMPANY’S MOTION FOR ALTERNATIVE RELIEF, TO DISMISS CLAIMS OF GLOBAL OIL TOOLS, INC. Expeditors of Washington, Inc. and Zurich American Insurance Company filed a Motion for Alternative Relief, To Dismiss Claims of Global Oil Tools, Inc. [Rec. Doc. 195]. In their motion, Expeditors and Zurich rehash the arguments from their Response to Hapag-Lloyd’s Motion to Dismiss Crossclaims of Expeditors and Zurich and no further relief against Hapag- Lloyd is sought. [Rec. Doc. 184]. For the sake of brevity and so the record includes a formal response by Hapag-Lloyd to the instant motion, pursuant to Fed. R. Civ. P. 10(c) Hapag-Lloyd incorporates by reference all arguments asserted in its Motion to Dismiss and Reply. [Rec. Docs. 171 & 191]. Additionally, Hapag-Lloyd reiterates that Expeditors has not suffered and will not suffer any prejudice as a result of the timing of Hapag-Lloyd’s Motion to Dismiss, which is a requirement to assert a successful claim of waiver. The fact all scheduling deadlines, including the dispositive motion deadline, and the trial have now been continued six months pursuant to the Court’s new scheduling order [Rec. Doc. 197] is a further indication Expeditors and Zurich have sustained no prejudice. That is to say, Expeditors and Zurich cannot at this point claim that Case 2:16-cv-16372-BWA-JVM Document 200 Filed 03/18/19 Page 1 of 3 - 2 - PD.25447554.2 Hapag-Lloyd’s motion was filed at the end of the litigation, thus preventing them from conducting discovery or precluding them from taking certain defensive positions. Indeed, Expeditors and Zurich have now filed their own motion seeking dismissal of Global’s claims pursuant to two separate forum selection clauses. Therefore, Expeditors and Zurich cannot claim that they were deprived of the right to file such a motion. This is further evidence Expeditors and Zurich have not and cannot meet their heavy and high burden of establishing Hapag-Lloyd waived its right to enforce the applicable forum selection clause. Respectfully submitted, this the 18th day of March, 2019. PHELPS DUNBAR LLP BY: s/ Michael Held Gary A. Hemphill, LA Bar #6768 Michael Held, LA Bar #37466 365 Canal Street • Suite 2000 New Orleans, Louisiana 70130-6534 Telephone: (504) 566-1311 Telecopier: (504) 568-9130 Email: gary.hemphill@phelps.com michael.held@phelps.com ATTORNEYS FOR DEFENDANT, HAPAG-LLOYD (AMERICA), LLC Case 2:16-cv-16372-BWA-JVM Document 200 Filed 03/18/19 Page 2 of 3 - 3 - PD.25447554.2 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was filed on this 18th day of March, 2019, with the Clerk of Court by using the ECF system, which will send notice of electronic filing to all participating counsel of record; and I hereby certify that I have sent via UPS and transmitted electronically the document to the following non-ECF participants: Andrea Merzario, S.A. Via Livioi 24 CH 6830 Chiasso SWITZERLAND Attn: Mr. Davide Borella Operational Department 0041 91 696 1001 dborella@andreamerzario.com s/ Michael Held MICHAEL HELD Case 2:16-cv-16372-BWA-JVM Document 200 Filed 03/18/19 Page 3 of 3