MSC did not provide the required documents to meet that deadline.<\/p>\n
Instead, on August 26, MSC filed a motion seeking an extension of time. On September 2, MCS Industries filed an opposition to that motion.<\/p>\n
Then, on September 6, MSC filed a notice of advice of the Swiss Federal Office of Justice. According to the order denying MSC\u2019s motion, MSC \u201ccontinues to argue despite rulings to the contrary in this proceeding and in the Republic and Canton of Geneva Court of First Instance, that due to Swiss legal requirements it cannot produce the discovery ordered in the December 8, 2021, motion to compel and the July 29, 2022, order requiring production of discovery, and that the Swiss court\u2019s decision that their intervention is not necessary was in error.\u201d<\/p>\n
Judge Wirth writes in the order that \u201cit is clear that this \u2018advice\u2019 from the Federal Office of Justice in Switzerland merely identifies the process for resubmitting a request and the factors that may be taken into account, without any discussion of the merits of this proceeding.<\/p>\n
\u201cThe question of whether Swiss assistance with discovery is required has been answered by the undersigned Administrative Law Judge and by the Court of First Instance in Geneva.\u201d<\/p>\n
In multiple filings, MSC indicated that it will not produce the discovery that it has been repeatedly ordered to produce. MCS Industries has asserted in response that MSC \u201ccannot accept the benefits of shipping cargo to and from U.S. ports while shirking its legal and regulatory obligations before the Commission.\u201d MCS Industries thus requested a decision on default, and the judge has ordered MSC to show cause why default judgment should not be entered against it.<\/p>\n
MSC is now ordered, by September 22, to either provide the required discovery or show cause why default judgment should not be entered against it.<\/p>\n
Other shippers have been lodging complaints against global carriers of late with experts suggesting more will follow suit.<\/p>\n
\u201cThe softened market \u2013 and space situation \u2013 may well cause a flurry of suits and FMC complaints to be filed, and clearly, some who have already filed, like MCS Industries, are emboldened to hold on,\u201d commented Bjorn Vang Jensen, a vice president at liner consultancy Sea-Intelligence, in a post today on LinkedIn.<\/p>\n
\u201cThe collective, pent-up anger and PTSD in the BCO community at large now wants out, and rate reductions won\u2019t cut it for some,\u201d said Jensen, a man whose career has seen him work for the likes of Maersk and Electrolux in the past.<\/p>\n
Source: https:\/\/splash247.com\/msc-denied-extension-of-deadline-to-provide-documents-in-case-brought-by-mcs-industries\/<\/p>\n
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