First Clerk Default Judgement: Switzerland-Based MSC Shipping Does Not Respond To Libertad Act Lawsuit. Judge Must Rule. Will Defendant Challenge? Probably. Damages Trial Likely Next.

NOTE: Privately-held Geneva, Switzerland-based Mediterranean Shipping Company S.A. is a Swiss-Italian international shipping line. It has been the largest container shipping line since late 2021, after overtaking fellow 2M Alliance member Denmark, Copenhagen-based A.P. Møller-Mærsk A/S (2021 revenue approximately US$40 billion).

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE; Plaintiffs, v. MSC MEDITERRANEAN SHIPPING COMPANY SA. [1:21-cv-23400; Florida Southern District].   

Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices Of John S. Gaebe P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)

Application For Clerk’s Default (1/24/22)
Clerk’s Default (1/25/22)

Link To Libertad Act Title III Lawsuit Filing Statistics

Excerpts: Application For Clerk’s Default

Plaintiffs, Odette Blanco de Fernandez, et al. (“Plaintiffs”), by and through counsel and pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, file this Application for Clerk’s Default against MSC Mediterranean Shipping Company SA (“MSC” or “Defendant”) and state:

1. Plaintiffs filed their Complaint against MSC, a Swiss company, on September 22, 2021. See Doc. No. 1.
2. MSC was properly served with the Summons and Complaint in accordance with the laws of Switzerland under Article 5 of the Hague Convention on December 23, 2021. See Declaration of William B. Milliken, counsel for Plaintiffs, attached as Exhibit A.
3. MSC’s deadline to respond to the Complaint was on or before January 13, 2022. Fed.R.Civ.P. 12(a).
4. As the docket in this case demonstrates, MSC has failed to plead or otherwise defend.
5. Accordingly, Plaintiffs are entitled to a Certificate of Default by the Clerk pursuant to Rule 55(a) of the Federal Rules of Civil Procedure.

WHEREFORE, Plaintiffs respectfully request the entry of a Certificate of Default by the Clerk and such other relief as the Court deems just and reasonable.

Excerpts: Clerk's Default

It appearing that the defendant(s) herein, is/are in default for failure to appear, answer, or otherwise plead to the complaint filed herein within the time required by law. Default is hereby entered against defendant(s) MSC MEDITERRANEAN SHIPPING COMPANY SA

Other Plaintiff- Related Libertad Act Title III Lawsuits

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON DIAZ BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE VERSUS A.P. MOLLER-MAERSK A/S (a/k/a A.P. MOLLER-MAERSK GROUP); MAERSK A/S (a/k/a MAERSK LINE A/S); MAERSK, INC.; and MAERSK AGENCY U.S.A., INC [2:21-cv-00339; Eastern District of Louisiana].

Pusateri, Johnston, Guillot & Greenbaum, LLC (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. CROWLEY MARITIME CORPORATION, Defendant. [3:20-cv-01426 Middle District Florida; Transferred To Florida Southern District 1:21-cv-20443].

Murphy & Anderson, P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)
Horr, Novak & Skipp P.A. (plaintiff)
Venable LLP (defendant)

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. SEABOARD MARINE, LTD., Defendant. [1:20-cv-25176; Southern Florida District].

Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices of John S. Gaebe (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields (plaintiff)
Barakat Law (plaintiff)
Morgan, Lewis & Bockius LLP (defendant)