Louisiana Record

Tuesday, October 15, 2019

Owner of a vessel seeks the return of its ship, allegedly unpaid payments

By Hoang Tran | Feb 26, 2016

NEW ORLEANS – The owners of a maritime tug vessel are seeking the return of their vessel from Mexico and payment for alleged past-due payments.

Crosby Marine Transportation LLC filed a lawsuit in the U.S. District Court for the Eastern District of Louisiana on Feb. 16 against D&D International Marine Offshore S.A. de C.V, Darwin Macossay Baquiero and Daniela Isabel de Avila Guerra for alleged nonpayment and the return of their vessel.

The plaintiff alleges that it went into financial lease agreement with D&D, which is owned by Baquiero and Guerra, on July 31, 2014, for the leasing of its vessel Captain John for a price of $4,000 per day. The lease was allegedly for a bareboat basis. The plaintiff claims that the Captain John was delivered to the Bay of Campeche, Mexico shortly after the financial agreement was finalized and the vessel was re-flagged under Mexico.

Plaintiff asserts that defendants have failed to make timely rental payments and, as of Feb. 11, the amount due to it has reached $1,200,833.40. Crosby attests that defendant will continue to accrue $120,083.34 per month as per the agreement. It claims to have made several requests for payment and return of its ship, including a written demand on Feb 4.

On Feb 11, plaintiff allegedly discovered that its vessel has been docked in Ciudad del Carmen in allegedly damaged conditions.

Crosby is now seeking the court to issue an order that defendants appear and answer the claims, monetary damages for repairs and for the payments owed, a declaratory judgment for the return of the Captain John, the cost of the suit, and for any other rewards deemed just. It is represented by John F. Emmett and Randolph J. Waits from Waits, Emmett, Popp & Teich in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-CV-01302-NJB-MBN

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