Preview
Filing# 172074062 E-Filed 04/28/2023 07:17:58 PM
IN THE CIRCUITCOURT OF THE 17
,TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE-21-010751 (21)
JESUS' CHILDREN,
a foreigncorporation,
Plaintiff.
VS.
UNITED YACHT TRANSPORT LLC,
a Delaware limited liability company
authorized to transact business in Florida;
PAUL HABER; GAIL RYAN; and
SHMILY GRUENSTEIN,
Defendants.
'
MOTION FOR THE COURT TO DETERMINE
PLAINTIFF'S
THE SUFFICIENCY OF GENERAL OBJECTIONS AND
TO COMPEL DEFENDANT, UNITED YACHT TRANSPORT, LLC,
TO PROVIDE BETTER ANSWERS TO INTERROGATORIES
Jesus' Children, by and through its undersigned counsel, files this Motion for the
Plaintiff,
Court to Determine the SufficiencyofGeneral Objectionsand to Compel Defendant, United Yacht
Transport, LLC, ("UYT") to Provide Better Answers to Interrogatories
and shows:
1. Plaintiff served its initial to Defendant, United Yacht Transport,
Interrogatories
LLC's counsel on November 11, 2021. See Interrogatories
attached hereto as Exhibit "1."
2. Answers were not received by the December 11,2021 due date.
3 On January 24,2022, Defendant, United Yacht Transport,filed a Motion to Stay
Discovery pending resolution of Defendant's Motion to Dismiss the Complaint which was filed
July 28,2021.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/28/2023 07:17:58 PM.****
4. Finally,Defendant UTY served its on April 21,
responses to the interrogatories
2023. See attached response, Exhibit "2."
5. Defendant UYT set forth general objections 1-6 directed at "each and every
and Plaintiff seeks
interrogatory" this Court's rulingon Defendant's objectionsencompassed in
the General Objections 1 -6 for 1 through 11 because the General Objectionslack
interrogatories
as to the nature of the objectionsasserted;fail to identifythe information or materials
specificity
that formed the basis for the a privilege
fail to identify
objection; log;fail to state in what way the
particularinterrogatory is not relevant, material or vague; fails to state how a particular
is unreasonably cumulative or duplicativeand
interrogatory fails to state what information or
document is available to Plaintiff that would provide the answer to a specificto interrogatory
questionobjectedto.
6. Finally,Defendant asserts the General Objectionsset forth in 7 7 1-6 to every
in Exhibit "1" "in response to each of the Interrogatories
interrogatory as if the objectionswere
fullyset forth therein." All General Objections,as to each interrogatoryare legallyinsufficient
objectionsmade without any specificsupportingfactual
and are nothing more than boilerplate
basis.
7. As to answers, Defendant
specificincomplete interrogatory fails to provide the
1 and should be compelled to provide the information
information in response to interrogatory
requestedwhich is discoverable and non-objectionable.
8 Defendant fails to 2 and should
providethe information in response to interrogatory
be compelled to providethe information requestedwhich is discoverable and non-objectionable.
9- Defendant fails to 3 and should
provide the information in response to interrogatory
be compelled to provide the information requestedwhich is discoverable and non-objectionable.
2
10. Defendant fails to 4 and should
providethe information in response to interrogatory
be compelled to provide the information requestedwhich is discoverable and non-objectionable.
Attached to the Amended Complaint is a contract and Defendant UYT failed to give any
information in its answer about the employee that signed on behalf of United Yacht
interrogatory
Transport. Defendant must be compelled to give information responsiveto the identityof the
person that signed the operative contract on behalf of the Defendant as clearlyalleged in the
Amended Complaint. ("Jesus'Children and United Yacht Transport LLC reduced their "new"
agreement into a written contract called a Booking Note with Additional Clauses. See Exhibit "7"
attached hereto,which is the operativecontract, dated June 15, 2020.").
11. Defendant fails to providesufficient information in response to 8 and
interrogatory
should be compelled to provide the information requested which is discoverable and non-
objectionable.Defendant UYT's answer is in direct conflict with Exhibit "7" to the Amended
Complaint that it signed and is Exhibit "7" contains
attached hereto as Exhibit "3." Specifically,
acknowledgments that Defendant had control over Plaintiff's money and had the ability
to return
Plaintiff's money to it should the yacht Moonraker not be sh*ped as contractually
agreed.("The
pre-paidfreightof US$131,000.00 is fullyrefundable should the Carrier fail to load the yacht
MOONRAKER by July 7, 2020, without cancellation fee or any other charge. The Carrier
acknowledges it is in possessionofthe total sum ofUS$136,250.00 belongingto the Yacht Owner
and the difference from the pre-paid freightand the US$136,250.00 or US$ 5,250.00 shall be
refunded to the Yacht Owner. If sh*ment is not made by Carrier,Yacht Owner reserves all its
legalrightsagainstCarrier.") each warrant
("The parties to one another that the person'ssignature
affixed to the Booking Note and the Additional Clauses has the legalauthorityto contract on behalf
of and to legallybind the party for whom he or she is The contract was signed by
signing.").
3
Defendant's representative,
Gail Ryan Vice President of UYT, and Defendant should be required
to number
provide the requestedinformation concerning Gail Ryan in response to interrogatory 8.
12. Defendant UYT should be compelled to provide a better and more sufficient answer
to interrogatory number 9 based on the statements againstinterest in the operativecontract attached
to the Amended Complaint as Exhibit "7." Exhibit "7" contains acknowledgments
Specifically,
that Defendant had control over Plaintiff's money and had the ability
to return Plaintiff's money
to it should the yacht Moonraker not be shipped as contractually of
agreed.("The pre-paidfreight
US$131,000.00 is fullyrefundable should the Carrier fail to load the yacht MOOARAKER by July
7,2020, without cancellation fee or any other charge. The Carrier acknowledges it is in possession
of the total sum of US$136,250.00 belongingto the Yacht Owner and the difference from the pre-
paid freightand the US$136,250.00 or US$ 5,250.00 shall be refunded to the Yacht Owner.")
("The partieseach warrant to one another that the person's signatureaffixed to the Booking Note
and the Additional Clauses has the legalauthorityto contract on behalf of and to legallybind the
party for whom he or she is The contract was signed by Defendant's representative,
signing.").
Gail Ryan Vice President of UYT, and Defendant should not be allowed to vary its interrogatory
answers with the contractual provisionsagreed to by its vice presidentGail Ryan in the operative
contract attached to the Amended Complaint.
13. 10 on the basis of
Defendant objectsto interrogatory its General Objections and
because
specifically it states interrogatory10 is immaterial, ambiguous, vague, overly broad,
unduly burdensome, seeks information that is irrelevant and not reasonably calculated to lead to
the discoveryof admissible evidence. Plaintiff seeks the information requestedby interrogatory
10 in good faith and believes it will show a course of dealing,a motive for taking Plaintiff's money
to the scheme
and will very likelylead to discoverable information and witnesses that can testify
4
that Defendant engaged in to take money for the shipment of yachts as cargo.
Dated: April 28,2023
STROUP & MARTIN, P.A.
Counsel for Plaintiff
119 Southeast 12thStreet
Fort Lauderdale, Florida 33316
Telephone: (954) 462-8808
Facsimile: (954) 462-0278
E-mail: jstroup@strouplaw.com
E-mail: fmartin@strouplaw.com
E-mail: e-service@strouplaw.com
By-. /s/ James W. Stroup
JAMES W. STROUP
Florida Bar No. 842117
FARRIS J. MARTIN, III
Florida Bar No. 879916
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy o f the foregoingdocument has been
electronically system with electronic notice being served
filed with this Court's E-Portal filing this
28111day of April,2023 to all partiesshown on the attached Service List.
By-. /s/ James W. Stroup
JAMES W. STROUP
Florida Bar No. 842117
SERVICE LIST
Benjamin R. Muschel, Esq.
Kopelowitz Ostrow Ferguson Weiselberg Filbert
One West Las OIas Boulevard
Suite 500
Fort Lauderdale, Florida 33301
Telephone: (954) 525-4100
Email: muschel@kolkawyers.com
Email: marcheco@kolawyers.com
5
EXIIIBIT "1"
Filing# 138375713 E-Filed 11/11/2021 05:20:30 PM
IN THE CIRCUITCOURT OF THE ,TH
17
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE-21-010751 (21)
JESUS' CHILDREN,
a foreigncorporation,
Plaintiff.
VS.
UNITED YACHT TRANSPORT LLC,
a Delaware limited liability company
authorized to transact business in Florida;
PAUL HABER; GAIL RYAN; and
SHMILY GRUENSTEIN,
Defendants.
i
NOTICE OF SERVICE OF PLAINTIFF, JESUS' CHILDREN'S, FIRST SET OF
INTERROGATORIES TO DEFENDANT, UNITED YACHT TRANSPORT LLC
In accordance with Fla. R. Civ. P. 1.340, Defendant, Jesus' Children.,hereby propounds
its First to Defendant, United Yacht Transport, LLC, to be answered under
Set of Interrogatories
penaltyof perjurypursuant to 28 U.S.C. § 1746(2).
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy o f the foregoinghas been furnished
via e-mail this 11th day of November, 2021, to the parties
identified on the attached Service List:
By-. /s/ Farris J. Martin III
FARRIS J. MARTIN III
Florida Bar No. 879116
JAMES W. STROUP
Florida Bar No. 842117
STROUP & MARTIN, P.A.
,th
119 Southeast 121 Street
Fort Lauderdale, Florida33316
Telephone: (954) 462-8808
E-mail: fmartin@strouplaw.com
Email: jstroup@strouplaw.com
SERVICE LIST
Alan J. Kluger, Esq.
Marko F.Cerenko, Esq.
Kluger,Kaplan, Silverman, Katzen & Levine, P.L.
201 S. Biscayne Boulevard, Suite 2700
Miami, Florida 33131
Telephone: (305) 379-9000
Facsimile: (305) 379-3428
E-mail: akluger@klugerkaplan.com
E-mail: mcerenko@klugerkaplan.com
CounselMDefendant United Yacht Transport,LLC
Andrew T. Lavin, Esq.
Lavin Law Group, P.A.
2670 N.E. 215 Street
Miami, Florida 33180
Telephone:(954) 967-2788
Facsimile: (954) 983-7021
E-mail: alavin@lavinlawyers.com
E-mail: scruz@lavinlawyers.com
Counsel for Defendant Paul Haber
2
PLAINTIFF, JESUS CHILDREN'S, FIRST SET OF
INTERROGATORIES TO DEFENDANT, UNITED YACHT TRANSPORT, LLC
1. Statethe full name, residential address, business address, e-mail address,
telephone number, and job title of the person designatedby Defendant, United Yacht Transport,
LLC, to provide sworn answers to the interrogatories.
ANSWER:
2. State the full name, residential address, business address, e-mail address, and
telephone number of each person who is a member and managing member of United Yacht
Transport, LLC for the period from May 1, 2019 to present.
ANSWER:
3 State the address, business address, e-mail address, and
current residential
telephone number for Defendant, Shmily Gruenstein a/k/a Sam Gruenstein.
ANSWER:
4. State the full name, residential address, business address, e-mail address, and
telephone number for every person who
has, or may have, any knowledge concerning the facts
to this lawsuit;and provide a descr*tion of the facts and/or issues that each
and/or issues relating
witness has knowledge of.
ANSWER:
5. Have you heard or know of any statement or remark made by
or on behalf of any
party to this lawsuit,other than yourself,concerningany issue in this lawsuit? If so, state the full
name, address, e-mail address, and telephonenumber of each person who made the statement or
remark; the substance of the statement or remark each person made; the date, time and location
where each statement or remark was made; and the name, address, e-mail address and telephone
number of each person who heard the statement or remark.
ANSWER:
6. Explain why United Yacht Transport, LLC was unable to transport Plaintiff' s
vessel, M/Y Moonraker, from Genoa, Italyto Port Everglades, Florida under the Booking Note
dated May 4,2019.
ANSWER:
7. Explain why United Yacht Transport, LLC was unable to transport Plaintiff' s
vessel, M/Y Moonraker, from Tarragona, Palma to Port Everglades, Florida under the Booking
Note dated June 15, 2020.
ANSWER:
8 Explain United Yacht Transport,LLC did not refund the $136,250.00 that
why
Plaintiff,Jesus' Children, paid to transport M/Y Moonraker from Europe to Port Everglades,
Florida.
ANSWER:
2
9- Isthe $136,250.00 that Jesus' Children paid to United Yacht Transport,LLC still
within its possession,custody or control? If not, explainwhat United Yacht Transport,LLC did
with the money that Jesus' Children paid to transport M/Y Moonraker from Europe to Port
Everglades,Florida.
ANSWER:
10. Has United Yacht Transport,LLC failed to transport any yachts other than M/Y
Moonraker and not refunded money to the owners within the last 10 years? If so, state the full
name, address, e-mail address, and telephone number for all yacht owners who did not receive a
refund when United Yacht Transport did not transport their yacht.
ANSWER:
11. State the name, address, e-mail address, and telephonenumber for companies that
issued surety bonds regarding United Yacht Transport, LLC's NVOCC
operationsfor the period
January 1,2019 through January 1,2021.
ANSWER:
Pursuant to Title 28 U.S.C. § 1746(2),I declare under penaltyof perjurythat the
foregoing is true and correct.
Executed on ,2021
Corporate Representativefor United
Yacht Transport, LLC
3
EXIIIBIT "2"
IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.. CACE21010751-21
JESUS' CHILDREN
Plaintiff.
V
UNITED YACHT TRANSPORT, LLC, et al.
Defendants.
i
DEFENDANT, UNITED YACHT TRANSPORT, LLC'S RESPONSES
TO PLAINTIFF'S FIRST SET OF INTERROGATORIES
Defendant, UNITED YACHT TRANSPORT, LLC, ("Defendant"),by and through the
undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby
serves its Answers and Objectionsto Plaintiff JESUS' CHILDREN's ("Plaintiff')
First Set of
as follows:
Requests for Interrogatories
GENERAL OBJECTIONS
1. The supplyingof any information does not constitute an admission by Defendant
that such information is relevant in this lawsuit. All information provided by Defendant is for use
in this only,and for no other purpose.
litigation
2. Defendant objects to each and every Interrogatoryto the extent that (a) the
information called for, if any, was obtained and prepared in antic*ation of litigation
or for trial
and (b) the Plaintiff has made no showing that it has a substantial need for the materials in the
preparationof its case, and that it is unable, without undue hardship,to obtain the substantial
equivalentof the materials by other means.
000002/01449476 1
CASE NO.: CACE21010751-21
3 Defendant objects to the interrogatories
to the extent that it seeks information
protectedby the attorney-client
privilege,the work-product privilege,or any other privilege,
or immunity, or
protection, is otherwise outside ofthe scope ofpermissiblediscovery.
4. Defendant objects to the Interrogatories
to the extent that they are irrelevant,
overlybroad, unduly burdensome, vague, not limited in time
immaterial, ambiguous, oppressive,
or scope, for the purpose of harassment and delay, and/or seeks information that is not
reasonably calculated to lead to the discovery of admissible evidence or seeks information
beyond the permissiblescope of discoverypursuant to the Florida Rules of Civil Procedure.
5. Defendant objects to each and every Interrogatory to the extent that the same
seeks discovery that is unreasonably cumulative or duplicativeor seeks information or
documents that are equallyavailable to the Plaintiff and the burden on the Plaintiff to obtain the
requestedinformation is no greater than the burden on Defendant.
6. Defendant objectsto each and every Request to Interrogatoryto the extent that the
same seeks information that is confidential and/or proprietary.
7. The General Objections are made, in response to each
to the extent applicable, of
as if the objectionswere fullyset forth therein.
the Interrogatories
8 Defendant responds to each Interrogatorybased upon current information and
reserves the rightto amend its responses.
000002/01449476-1 2
CASE NO.: CACE21010751-21
RESPONSES TO FIRST SET OF INTERROGATORIES
1. the full name, residential address, business address, e-mail address,
State
telephonenumber, and job title of the person designatedby Defendant, United Yacht Transport,
LLC, to provide sworn answers to the interrogatories.
RESPONSE:
Michael Uhr
do Kopelowitz Ostrow P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, Florida 33301
(954) 525-4100
2. State the full name, and
residential address, business address, e-mail address,
telephone number of each person who is a member and managing member of United Yacht
Transport, LLC for the period from May 1, 2019 to present.
RESPONSE:
Michael Uhr
do Kopelowitz Ostrow P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, Florida 33301
(954) 525-4100
3 State the current residential address, business address, e-mail address, and
telephonenumber for Defendant, Shmily Gruenstein a/k/a Sam Gruenstein
RESPONSE:
(917) 202-5662
shmillv@Email.com
4. State the full name, residential address, business address, e-mail address, and
telephonenumber for every person who has, or may have, any knowledge concerning the facts
and/or issues relatingto this lawsuit;and provide a descr*tion of the facts and/or issues that
each witness has knowledge of.
RESPONSE:
Paul Haber -
(917) 922-9099
Phaber2@yahoo.com
000002/01449476-1 3
CASE NO.: CACE21010751-21
Mr. Haber is knowledgeable as to all allegationsin the Amended Complaint and the
claims and defenses thereto.
5. Have you heard or know of any statement or remark made by
or on behalf of any
party to this lawsuit,other than yourself,concerning any issue in this lawsuit? If so, state the full
name, address,e-mail address,and telephonenumber of each person who made the statement or
remark; the substance of the statement or remark each person made; the date,time and location
where each statement or remark was made; and the name, address, e-mail address and telephone
number of each person who heard the statement or remark.
RESPONSE: No.
6. Explain why United Yacht Transport, LLC was unable to transport Plaintiff' s
vessel,M/Y Moonraker, from Genoa, Italyto Port Everglades,Florida under the Booking Note
dated May 4, 2019.
RESPONSE: United Yacht did not have sufficient amount of cargo to transport the
Moonraker at that time.
7. Explain why United Yacht Transport, LLC was unable to transport Plaintiff' s
vessel,M/Y Moonraker, from Tarragona, Palma to Port Everglades,Florida under the Booking
Note dated June 15, 2020.
RESPONSE: United Yacht did not have sufficient amount of cargo to transport the
Moonraker at that time.
8 Explain why United Yacht Transport,LLC did not refund the $136,250.00 that
Plaintiff,Jesus' Children, paid to transport M/Y Moonraker from Europe to Port Everglades,
Florida.
RESPONSE: The money referenced in this Interrogatory was not paid to United
Yacht Transport, LLC. Rather, the money was deposited into an account that
United Yacht Transport, LLC was (and remains) unable to access.
9- $136,250.00 that Jesus' Children paid to United Yacht Transport, LLC still
Is the
within its possession,custody or control? If not, explainwhat United Yacht Transport, LLC did
with the money that Jesus' Children paid to transport M/Y Moonraker from Europe to Port
Everglades,Florida.
RESPONSE: No. The money referenced in this Interrogatory was not paid to
United Yacht Transport, LLC. Rather, the money was deposited into an account
that United Yacht Transport, LLC was (and remains) unable to access.
000002/01449476-1 4
CASE NO.: CACE21010751-21
10. Has United Yacht Transport,LLC failed to transport any yachtsother than M/Y
Moonraker and not refunded money to the owners within the last 10 years? If so, state the full
name, address, e-mail address, and telephone number for all yacht owners who did not receive a
refund when United Yacht Transportdid not transport their yacht.
RESPONSE: In addition to the foregoing General Objections, Defendant objects to
thisInterrogatoryon the grounds that it is immaterial,ambiguous, vague, overly
broad, unduly burdensome, seeks information that is irrelevant and not reasonably
calculated to lead to the discovery of admissible evidence, and made for the
purposes of harassment and delay. Specifically,
it asks for information about other
United Yacht Transport customers dating back 10 years, none of which is relevant
to Plaintiff's claims in this action.
11. State the name, address,e-mail address,and telephonenumber for
companiesthat
issued surety bonds regardingUnited Yacht Transport,LLC's NVOCC for the period
operations
January 1, 2019 throughJanuary 1, 2021.
RESPONSE:
WORLDWIDE INSURANCE SPECIALISTS, INC
2424 W. Missouri Ave, Phoenix, AZ 85015
888-518-8011
www.bond007.net
Pursuant to Title 28 U.S.C. § 1746(2),I declare under penaltyof perjurythat the
foregoingis true and correct.
Executed on April21, 2023
Caic .2/L-
MICHAEL UHR
CorporateRepresentativefor
United Yacht Transport,LLC
000002/01449476-1 5
EXIIIBIT "3"
EXIIIBIT "7"
Cfi.'.f-f vrit TRANSPQRT
YAFHT
PNITER Cj
l l/t l ! r- l 1 J 1 i 1///!/-) 1 r??? i/!
Date June 15,2020
BOOKING NOTE
I.
2. Carrier 3. Yacht Owner
Children
'
United Yacht Transport LLC Jesus
2830 Marina Mile Road, Suite 118 FLOOR 4, WILLOW HOUSE
FL Lauderdale. FL 33312 CRICKET SQUARE
PO BOX 268
GRAND CAYMAN KYM 103
CAYMAN ISLANDS
(approx.)(See Terms an{!
5. Sailing date Conditions Clause 3)
4. Vessel's Name
On/about July 5,2020 - Contract Expires on July5,2020.
M/V Jumbo Vision
6. Loading Port
7. Discharging Port
Port Everglades. Florida
Tarragona/ Palmai
8. Yacht Description (sce Terms ancl Conditions Cl:luse S)
Size& Manufacture: 1992 EIKF.FJORD
Hull ID#: 746297
Vncht Name: MA' MOONRAKER
LOA Coveral[ length measured in feet): 36m
BOA (extreme beam measured in feet): Um
Weight (actual weight in Metric Tons): 212 gross tons
9. Freight Rate (see Terms and Conditions Clause ]1)
S131,000.00-Rate includes towing from Tarragona to Palma. Freight paid and will be credited to
this voyage.
Ocean Freight:
Basis: Water/Water
Includes: Sea fastening/ Un-sea fastening, cradIing
Includes: Premium for Lloyds of London Marine Cargo Insurance policy for the vallie of $2.000.000
and weekends included
Dcnmrrage Rate: $15.000 per day, which shall be proratedper day, holidays
ofCarria ge Yaeht lost or not lost.
AI[ payments are. non-returnable and deemed fullyearned upon execution of this Booking Note/Contract
10. Yacl] t owner's rcprcscntativcs at loading port
Il. Additional Clauses, if any
SEE .AddifOONAI CIAJSes At+Achad.
X
For JesuSCMidR.n
Printnamc( Yaclu Owner)
Print name ICa rri.:r)
The Yacht Owner who executes this Agreement by hisfher/its behalf-as weft as on
As Authorized Sales Agent to Carrier only The Carrier has relied upon the credit
behalf and with the credit ofthc Yacht and warmnts. that aII statements and
of the Yacht when deciding to execute this Agrccment.
representations hereon, are true and correct. and that hc is . or has been provided
with the legalauthorityto contract on behalf of, and legallybind to this
or Entity(s) owning or otherwise entitled to possession
Agreement, the Person(s)
ofthe Yacht
,-&
/ ? LIL
.-# R-/ L'-'.
..)
11Page
?-..Y UNITED YACHT TRANSPORT
-?W? .J Kir/ATK I,iptit iM.I?Rikr,I
TERMS AND CONDITIONS
The Booking Note and Terms and Conditions form the only evidence of the Contract o f Carriage.
It is understood that no Bill of Lading will be issued. A non-negotiablecargo receiptis not evidence of the Contract of Carriage.
Clause I: Definitions
I "Agreement" collectively refers to the Booking Note and Terms and Conditions.
and any and other services whatsoever undertaken by the
loading, unloading, storing, handling
alt
thc whole or anypart ofthe transportation,
2.
"Carriage" means
Carrier in relation to the Yacht.
3 "Carrier" meals United Yacht Transport LLC
or which collectivelyform the
4 "Contract o f Carriage" means these Terms and Conditions and Booking Note (whether physically attached hereto not)
Agreement
Yacht Owner charged at Carrier's rate in addition to any charges by third parties .
5 "Demurrage" means any costs caused by delay attributable to the
dead freight.to the Carrier in accordance with this Contract of Carriage
6. "Freight" includes atl chargcs payable, including
or loss of the Yacht from mi insured peril
7 "Marine Cargo Insurance" means an A// Riskv insurance policy which indcmnifies the Yacht Owner for damage to
while transponed on deck in Ocean Carriage
8 'Ocean Carriage' means the samc as Port to Port Shipment.
9. "Package" is defined as the MN MOONRAKER
10. "Vessel" means any water borne craft utilized for carriage under this Booking Note
1 !
"Voyage" means the on deck ocean carriage from Palma to PortE,*crgkades LLC
"Yacht" means the boat (or othcr form ofwatercraft) and its contents being transported by United Yacht Transport
.
12.
and/or owner of the Yacht lo be carried.
13. "Yacht Owner" includes an individual, corporation or other legal entity and shall include the shipper. receiver, consignee
and act on behalf of any and a!! of the parties enumerated
and the party executing this Agreement warrants and represents it is authorized to represent. bind.
here i n
Clause 2: Scope of Agreement
It isagreed between United Yacht Transport LLC and Yacht
Owner that the Carrier will charter space for the Yacht Owner on die deck ofsaid Vessel designated in
the attached booking note. or any other vessel that the Carrier may nominate as an alternative at Carrier's discretion
the direction of the
2 The Vessel shall, as soon as it becomes available for loading, proceed to the loading port listed on the Booking Note. load the Yacht under
Carrier, proceed to the discharge port listed on the Booking Note and discharge the Yacht under the direction of the Carrier.
the Yacht is not an ordinary commercial shipment made in an ordinary course of
3 The parties to this agreement fully recognize and understand that the Caniagc of
trade. The unique characteristics and condition oftheYacht and tile terms and conditions under which the Carriage of the Yacht is to be perfomied reasonably
justify this special agreement.
4. A]} caniage under this Booking Note shall have effect subject io the provisions of ihe Carriage
of Goods by Sea Act of the United States.46 U .SC. §§ !300-1315
law shall govern and have effect before thc Yaellt is loaded on and after it is
("US COGSA") Except as may be othenvise specifically provided herein. this
in the custody of the
the Yacht is carried on deck. bctwcen deck or under deck and throughout the entire time the Yacht is
discharged from the Vessel. whether
Carricr
sole duty and obligationof
Carrier shall not insure the Yacht or be liable for the yacht or its contents and that is the
5. It is expressly understood and agreed that the
Yacht Owner to procure and maintain an adequate marine cargo insurance policy upon the Yacht for the duration of the Voyage.
Clause 3: Delivery, Loading and Discharging
will
limit its business to the Carriage of said Yacht between loading port and discharging port Carrier
Carrier, in accordance with U.S customs law, shall
not be directly involved wi{h the dehvcry of Yacht to mid Aom the Icading berth or- anchorage of
the Carrier's vessel.
information provided or distributed by the Carrier or its agents
2 The sailing date contained in Box 5 of the Booking Note and in any other documentation or
do the date upon the Yacht will
wil! depari or arrive The Carrier and its ageiits specifically not warrant
isonly an cstimate of the approximate date that the Vessef
no claims whatsoever for loss of use or other consequential damages shall bc valid
be loaded or disch urged As such, Carrier, Vessel and Yacht Owner agree that
.
execution of the Booking Note any claim of deviation due to
or enforceable against the Carrier of the Vessel Yacht Owner specificallyand expressly waives by
ofa delay
or commercial) or consequential damages of any nature against the Ca,Tier or Vessel arising out
delay or otherwisc for joss ofuse (whether recreational
referenced in Box 5
in the perfonnancc of this Agrccmcn t, It is agreed that the actual sailing
date may be up to thirty (30) days after the approximate sailing date
of the Booking Note
it appear that tile Carrier will not be ready to commcnce loading
within thirty (30) days after the fast day of the shipment window as set
Preview
Filing# 172074062 E-Filed 04/28/2023 07:17:58 PM IN THE CIRCUITCOURT OF THE 17 ,TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-21-010751 (21) JESUS' CHILDREN, a foreigncorporation, Plaintiff. VS. UNITED YACHT TRANSPORT LLC, a Delaware limited liability company authorized to transact business in Florida; PAUL HABER; GAIL RYAN; and SHMILY GRUENSTEIN, Defendants. ' MOTION FOR THE COURT TO DETERMINE PLAINTIFF'S THE SUFFICIENCY OF GENERAL OBJECTIONS AND TO COMPEL DEFENDANT, UNITED YACHT TRANSPORT, LLC, TO PROVIDE BETTER ANSWERS TO INTERROGATORIES Jesus' Children, by and through its undersigned counsel, files this Motion for the Plaintiff, Court to Determine the SufficiencyofGeneral Objectionsand to Compel Defendant, United Yacht Transport, LLC, ("UYT") to Provide Better Answers to Interrogatories and shows: 1. Plaintiff served its initial to Defendant, United Yacht Transport, Interrogatories LLC's counsel on November 11, 2021. See Interrogatories attached hereto as Exhibit "1." 2. Answers were not received by the December 11,2021 due date. 3 On January 24,2022, Defendant, United Yacht Transport,filed a Motion to Stay Discovery pending resolution of Defendant's Motion to Dismiss the Complaint which was filed July 28,2021. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/28/2023 07:17:58 PM.**** 4. Finally,Defendant UTY served its on April 21, responses to the interrogatories 2023. See attached response, Exhibit "2." 5. Defendant UYT set forth general objections 1-6 directed at "each and every and Plaintiff seeks interrogatory" this Court's rulingon Defendant's objectionsencompassed in the General Objections 1 -6 for 1 through 11 because the General Objectionslack interrogatories as to the nature of the objectionsasserted;fail to identifythe information or materials specificity that formed the basis for the a privilege fail to identify objection; log;fail to state in what way the particularinterrogatory is not relevant, material or vague; fails to state how a particular is unreasonably cumulative or duplicativeand interrogatory fails to state what information or document is available to Plaintiff that would provide the answer to a specificto interrogatory questionobjectedto. 6. Finally,Defendant asserts the General Objectionsset forth in 7 7 1-6 to every in Exhibit "1" "in response to each of the Interrogatories interrogatory as if the objectionswere fullyset forth therein." All General Objections,as to each interrogatoryare legallyinsufficient objectionsmade without any specificsupportingfactual and are nothing more than boilerplate basis. 7. As to answers, Defendant specificincomplete interrogatory fails to provide the 1 and should be compelled to provide the information information in response to interrogatory requestedwhich is discoverable and non-objectionable. 8 Defendant fails to 2 and should providethe information in response to interrogatory be compelled to providethe information requestedwhich is discoverable and non-objectionable. 9- Defendant fails to 3 and should provide the information in response to interrogatory be compelled to provide the information requestedwhich is discoverable and non-objectionable. 2 10. Defendant fails to 4 and should providethe information in response to interrogatory be compelled to provide the information requestedwhich is discoverable and non-objectionable. Attached to the Amended Complaint is a contract and Defendant UYT failed to give any information in its answer about the employee that signed on behalf of United Yacht interrogatory Transport. Defendant must be compelled to give information responsiveto the identityof the person that signed the operative contract on behalf of the Defendant as clearlyalleged in the Amended Complaint. ("Jesus'Children and United Yacht Transport LLC reduced their "new" agreement into a written contract called a Booking Note with Additional Clauses. See Exhibit "7" attached hereto,which is the operativecontract, dated June 15, 2020."). 11. Defendant fails to providesufficient information in response to 8 and interrogatory should be compelled to provide the information requested which is discoverable and non- objectionable.Defendant UYT's answer is in direct conflict with Exhibit "7" to the Amended Complaint that it signed and is Exhibit "7" contains attached hereto as Exhibit "3." Specifically, acknowledgments that Defendant had control over Plaintiff's money and had the ability to return Plaintiff's money to it should the yacht Moonraker not be sh*ped as contractually agreed.("The pre-paidfreightof US$131,000.00 is fullyrefundable should the Carrier fail to load the yacht MOONRAKER by July 7, 2020, without cancellation fee or any other charge. The Carrier acknowledges it is in possessionofthe total sum ofUS$136,250.00 belongingto the Yacht Owner and the difference from the pre-paid freightand the US$136,250.00 or US$ 5,250.00 shall be refunded to the Yacht Owner. If sh*ment is not made by Carrier,Yacht Owner reserves all its legalrightsagainstCarrier.") each warrant ("The parties to one another that the person'ssignature affixed to the Booking Note and the Additional Clauses has the legalauthorityto contract on behalf of and to legallybind the party for whom he or she is The contract was signed by signing."). 3 Defendant's representative, Gail Ryan Vice President of UYT, and Defendant should be required to number provide the requestedinformation concerning Gail Ryan in response to interrogatory 8. 12. Defendant UYT should be compelled to provide a better and more sufficient answer to interrogatory number 9 based on the statements againstinterest in the operativecontract attached to the Amended Complaint as Exhibit "7." Exhibit "7" contains acknowledgments Specifically, that Defendant had control over Plaintiff's money and had the ability to return Plaintiff's money to it should the yacht Moonraker not be shipped as contractually of agreed.("The pre-paidfreight US$131,000.00 is fullyrefundable should the Carrier fail to load the yacht MOOARAKER by July 7,2020, without cancellation fee or any other charge. The Carrier acknowledges it is in possession of the total sum of US$136,250.00 belongingto the Yacht Owner and the difference from the pre- paid freightand the US$136,250.00 or US$ 5,250.00 shall be refunded to the Yacht Owner.") ("The partieseach warrant to one another that the person's signatureaffixed to the Booking Note and the Additional Clauses has the legalauthorityto contract on behalf of and to legallybind the party for whom he or she is The contract was signed by Defendant's representative, signing."). Gail Ryan Vice President of UYT, and Defendant should not be allowed to vary its interrogatory answers with the contractual provisionsagreed to by its vice presidentGail Ryan in the operative contract attached to the Amended Complaint. 13. 10 on the basis of Defendant objectsto interrogatory its General Objections and because specifically it states interrogatory10 is immaterial, ambiguous, vague, overly broad, unduly burdensome, seeks information that is irrelevant and not reasonably calculated to lead to the discoveryof admissible evidence. Plaintiff seeks the information requestedby interrogatory 10 in good faith and believes it will show a course of dealing,a motive for taking Plaintiff's money to the scheme and will very likelylead to discoverable information and witnesses that can testify 4 that Defendant engaged in to take money for the shipment of yachts as cargo. Dated: April 28,2023 STROUP & MARTIN, P.A. Counsel for Plaintiff 119 Southeast 12thStreet Fort Lauderdale, Florida 33316 Telephone: (954) 462-8808 Facsimile: (954) 462-0278 E-mail: jstroup@strouplaw.com E-mail: fmartin@strouplaw.com E-mail: e-service@strouplaw.com By-. /s/ James W. Stroup JAMES W. STROUP Florida Bar No. 842117 FARRIS J. MARTIN, III Florida Bar No. 879916 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy o f the foregoingdocument has been electronically system with electronic notice being served filed with this Court's E-Portal filing this 28111day of April,2023 to all partiesshown on the attached Service List. By-. /s/ James W. Stroup JAMES W. STROUP Florida Bar No. 842117 SERVICE LIST Benjamin R. Muschel, Esq. Kopelowitz Ostrow Ferguson Weiselberg Filbert One West Las OIas Boulevard Suite 500 Fort Lauderdale, Florida 33301 Telephone: (954) 525-4100 Email: muschel@kolkawyers.com Email: marcheco@kolawyers.com 5 EXIIIBIT "1" Filing# 138375713 E-Filed 11/11/2021 05:20:30 PM IN THE CIRCUITCOURT OF THE ,TH 17 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-21-010751 (21) JESUS' CHILDREN, a foreigncorporation, Plaintiff. VS. UNITED YACHT TRANSPORT LLC, a Delaware limited liability company authorized to transact business in Florida; PAUL HABER; GAIL RYAN; and SHMILY GRUENSTEIN, Defendants. i NOTICE OF SERVICE OF PLAINTIFF, JESUS' CHILDREN'S, FIRST SET OF INTERROGATORIES TO DEFENDANT, UNITED YACHT TRANSPORT LLC In accordance with Fla. R. Civ. P. 1.340, Defendant, Jesus' Children.,hereby propounds its First to Defendant, United Yacht Transport, LLC, to be answered under Set of Interrogatories penaltyof perjurypursuant to 28 U.S.C. § 1746(2). CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy o f the foregoinghas been furnished via e-mail this 11th day of November, 2021, to the parties identified on the attached Service List: By-. /s/ Farris J. Martin III FARRIS J. MARTIN III Florida Bar No. 879116 JAMES W. STROUP Florida Bar No. 842117 STROUP & MARTIN, P.A. ,th 119 Southeast 121 Street Fort Lauderdale, Florida33316 Telephone: (954) 462-8808 E-mail: fmartin@strouplaw.com Email: jstroup@strouplaw.com SERVICE LIST Alan J. Kluger, Esq. Marko F.Cerenko, Esq. Kluger,Kaplan, Silverman, Katzen & Levine, P.L. 201 S. Biscayne Boulevard, Suite 2700 Miami, Florida 33131 Telephone: (305) 379-9000 Facsimile: (305) 379-3428 E-mail: akluger@klugerkaplan.com E-mail: mcerenko@klugerkaplan.com CounselMDefendant United Yacht Transport,LLC Andrew T. Lavin, Esq. Lavin Law Group, P.A. 2670 N.E. 215 Street Miami, Florida 33180 Telephone:(954) 967-2788 Facsimile: (954) 983-7021 E-mail: alavin@lavinlawyers.com E-mail: scruz@lavinlawyers.com Counsel for Defendant Paul Haber 2 PLAINTIFF, JESUS CHILDREN'S, FIRST SET OF INTERROGATORIES TO DEFENDANT, UNITED YACHT TRANSPORT, LLC 1. Statethe full name, residential address, business address, e-mail address, telephone number, and job title of the person designatedby Defendant, United Yacht Transport, LLC, to provide sworn answers to the interrogatories. ANSWER: 2. State the full name, residential address, business address, e-mail address, and telephone number of each person who is a member and managing member of United Yacht Transport, LLC for the period from May 1, 2019 to present. ANSWER: 3 State the address, business address, e-mail address, and current residential telephone number for Defendant, Shmily Gruenstein a/k/a Sam Gruenstein. ANSWER: 4. State the full name, residential address, business address, e-mail address, and telephone number for every person who has, or may have, any knowledge concerning the facts to this lawsuit;and provide a descr*tion of the facts and/or issues that each and/or issues relating witness has knowledge of. ANSWER: 5. Have you heard or know of any statement or remark made by or on behalf of any party to this lawsuit,other than yourself,concerningany issue in this lawsuit? If so, state the full name, address, e-mail address, and telephonenumber of each person who made the statement or remark; the substance of the statement or remark each person made; the date, time and location where each statement or remark was made; and the name, address, e-mail address and telephone number of each person who heard the statement or remark. ANSWER: 6. Explain why United Yacht Transport, LLC was unable to transport Plaintiff' s vessel, M/Y Moonraker, from Genoa, Italyto Port Everglades, Florida under the Booking Note dated May 4,2019. ANSWER: 7. Explain why United Yacht Transport, LLC was unable to transport Plaintiff' s vessel, M/Y Moonraker, from Tarragona, Palma to Port Everglades, Florida under the Booking Note dated June 15, 2020. ANSWER: 8 Explain United Yacht Transport,LLC did not refund the $136,250.00 that why Plaintiff,Jesus' Children, paid to transport M/Y Moonraker from Europe to Port Everglades, Florida. ANSWER: 2 9- Isthe $136,250.00 that Jesus' Children paid to United Yacht Transport,LLC still within its possession,custody or control? If not, explainwhat United Yacht Transport,LLC did with the money that Jesus' Children paid to transport M/Y Moonraker from Europe to Port Everglades,Florida. ANSWER: 10. Has United Yacht Transport,LLC failed to transport any yachts other than M/Y Moonraker and not refunded money to the owners within the last 10 years? If so, state the full name, address, e-mail address, and telephone number for all yacht owners who did not receive a refund when United Yacht Transport did not transport their yacht. ANSWER: 11. State the name, address, e-mail address, and telephonenumber for companies that issued surety bonds regarding United Yacht Transport, LLC's NVOCC operationsfor the period January 1,2019 through January 1,2021. ANSWER: Pursuant to Title 28 U.S.C. § 1746(2),I declare under penaltyof perjurythat the foregoing is true and correct. Executed on ,2021 Corporate Representativefor United Yacht Transport, LLC 3 EXIIIBIT "2" IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.. CACE21010751-21 JESUS' CHILDREN Plaintiff. V UNITED YACHT TRANSPORT, LLC, et al. Defendants. i DEFENDANT, UNITED YACHT TRANSPORT, LLC'S RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES Defendant, UNITED YACHT TRANSPORT, LLC, ("Defendant"),by and through the undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby serves its Answers and Objectionsto Plaintiff JESUS' CHILDREN's ("Plaintiff') First Set of as follows: Requests for Interrogatories GENERAL OBJECTIONS 1. The supplyingof any information does not constitute an admission by Defendant that such information is relevant in this lawsuit. All information provided by Defendant is for use in this only,and for no other purpose. litigation 2. Defendant objects to each and every Interrogatoryto the extent that (a) the information called for, if any, was obtained and prepared in antic*ation of litigation or for trial and (b) the Plaintiff has made no showing that it has a substantial need for the materials in the preparationof its case, and that it is unable, without undue hardship,to obtain the substantial equivalentof the materials by other means. 000002/01449476 1 CASE NO.: CACE21010751-21 3 Defendant objects to the interrogatories to the extent that it seeks information protectedby the attorney-client privilege,the work-product privilege,or any other privilege, or immunity, or protection, is otherwise outside ofthe scope ofpermissiblediscovery. 4. Defendant objects to the Interrogatories to the extent that they are irrelevant, overlybroad, unduly burdensome, vague, not limited in time immaterial, ambiguous, oppressive, or scope, for the purpose of harassment and delay, and/or seeks information that is not reasonably calculated to lead to the discovery of admissible evidence or seeks information beyond the permissiblescope of discoverypursuant to the Florida Rules of Civil Procedure. 5. Defendant objects to each and every Interrogatory to the extent that the same seeks discovery that is unreasonably cumulative or duplicativeor seeks information or documents that are equallyavailable to the Plaintiff and the burden on the Plaintiff to obtain the requestedinformation is no greater than the burden on Defendant. 6. Defendant objectsto each and every Request to Interrogatoryto the extent that the same seeks information that is confidential and/or proprietary. 7. The General Objections are made, in response to each to the extent applicable, of as if the objectionswere fullyset forth therein. the Interrogatories 8 Defendant responds to each Interrogatorybased upon current information and reserves the rightto amend its responses. 000002/01449476-1 2 CASE NO.: CACE21010751-21 RESPONSES TO FIRST SET OF INTERROGATORIES 1. the full name, residential address, business address, e-mail address, State telephonenumber, and job title of the person designatedby Defendant, United Yacht Transport, LLC, to provide sworn answers to the interrogatories. RESPONSE: Michael Uhr do Kopelowitz Ostrow P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, Florida 33301 (954) 525-4100 2. State the full name, and residential address, business address, e-mail address, telephone number of each person who is a member and managing member of United Yacht Transport, LLC for the period from May 1, 2019 to present. RESPONSE: Michael Uhr do Kopelowitz Ostrow P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, Florida 33301 (954) 525-4100 3 State the current residential address, business address, e-mail address, and telephonenumber for Defendant, Shmily Gruenstein a/k/a Sam Gruenstein RESPONSE: (917) 202-5662 shmillv@Email.com 4. State the full name, residential address, business address, e-mail address, and telephonenumber for every person who has, or may have, any knowledge concerning the facts and/or issues relatingto this lawsuit;and provide a descr*tion of the facts and/or issues that each witness has knowledge of. RESPONSE: Paul Haber - (917) 922-9099 Phaber2@yahoo.com 000002/01449476-1 3 CASE NO.: CACE21010751-21 Mr. Haber is knowledgeable as to all allegationsin the Amended Complaint and the claims and defenses thereto. 5. Have you heard or know of any statement or remark made by or on behalf of any party to this lawsuit,other than yourself,concerning any issue in this lawsuit? If so, state the full name, address,e-mail address,and telephonenumber of each person who made the statement or remark; the substance of the statement or remark each person made; the date,time and location where each statement or remark was made; and the name, address, e-mail address and telephone number of each person who heard the statement or remark. RESPONSE: No. 6. Explain why United Yacht Transport, LLC was unable to transport Plaintiff' s vessel,M/Y Moonraker, from Genoa, Italyto Port Everglades,Florida under the Booking Note dated May 4, 2019. RESPONSE: United Yacht did not have sufficient amount of cargo to transport the Moonraker at that time. 7. Explain why United Yacht Transport, LLC was unable to transport Plaintiff' s vessel,M/Y Moonraker, from Tarragona, Palma to Port Everglades,Florida under the Booking Note dated June 15, 2020. RESPONSE: United Yacht did not have sufficient amount of cargo to transport the Moonraker at that time. 8 Explain why United Yacht Transport,LLC did not refund the $136,250.00 that Plaintiff,Jesus' Children, paid to transport M/Y Moonraker from Europe to Port Everglades, Florida. RESPONSE: The money referenced in this Interrogatory was not paid to United Yacht Transport, LLC. Rather, the money was deposited into an account that United Yacht Transport, LLC was (and remains) unable to access. 9- $136,250.00 that Jesus' Children paid to United Yacht Transport, LLC still Is the within its possession,custody or control? If not, explainwhat United Yacht Transport, LLC did with the money that Jesus' Children paid to transport M/Y Moonraker from Europe to Port Everglades,Florida. RESPONSE: No. The money referenced in this Interrogatory was not paid to United Yacht Transport, LLC. Rather, the money was deposited into an account that United Yacht Transport, LLC was (and remains) unable to access. 000002/01449476-1 4 CASE NO.: CACE21010751-21 10. Has United Yacht Transport,LLC failed to transport any yachtsother than M/Y Moonraker and not refunded money to the owners within the last 10 years? If so, state the full name, address, e-mail address, and telephone number for all yacht owners who did not receive a refund when United Yacht Transportdid not transport their yacht. RESPONSE: In addition to the foregoing General Objections, Defendant objects to thisInterrogatoryon the grounds that it is immaterial,ambiguous, vague, overly broad, unduly burdensome, seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence, and made for the purposes of harassment and delay. Specifically, it asks for information about other United Yacht Transport customers dating back 10 years, none of which is relevant to Plaintiff's claims in this action. 11. State the name, address,e-mail address,and telephonenumber for companiesthat issued surety bonds regardingUnited Yacht Transport,LLC's NVOCC for the period operations January 1, 2019 throughJanuary 1, 2021. RESPONSE: WORLDWIDE INSURANCE SPECIALISTS, INC 2424 W. Missouri Ave, Phoenix, AZ 85015 888-518-8011 www.bond007.net Pursuant to Title 28 U.S.C. § 1746(2),I declare under penaltyof perjurythat the foregoingis true and correct. Executed on April21, 2023 Caic .2/L- MICHAEL UHR CorporateRepresentativefor United Yacht Transport,LLC 000002/01449476-1 5 EXIIIBIT "3" EXIIIBIT "7" Cfi.'.f-f vrit TRANSPQRT YAFHT PNITER Cj l l/t l ! r- l 1 J 1 i 1///!/-) 1 r??? i/! Date June 15,2020 BOOKING NOTE I. 2. Carrier 3. Yacht Owner Children ' United Yacht Transport LLC Jesus 2830 Marina Mile Road, Suite 118 FLOOR 4, WILLOW HOUSE FL Lauderdale. FL 33312 CRICKET SQUARE PO BOX 268 GRAND CAYMAN KYM 103 CAYMAN ISLANDS (approx.)(See Terms an{! 5. Sailing date Conditions Clause 3) 4. Vessel's Name On/about July 5,2020 - Contract Expires on July5,2020. M/V Jumbo Vision 6. Loading Port 7. Discharging Port Port Everglades. Florida Tarragona/ Palmai 8. Yacht Description (sce Terms ancl Conditions Cl:luse S) Size& Manufacture: 1992 EIKF.FJORD Hull ID#: 746297 Vncht Name: MA' MOONRAKER LOA Coveral[ length measured in feet): 36m BOA (extreme beam measured in feet): Um Weight (actual weight in Metric Tons): 212 gross tons 9. Freight Rate (see Terms and Conditions Clause ]1) S131,000.00-Rate includes towing from Tarragona to Palma. Freight paid and will be credited to this voyage. Ocean Freight: Basis: Water/Water Includes: Sea fastening/ Un-sea fastening, cradIing Includes: Premium for Lloyds of London Marine Cargo Insurance policy for the vallie of $2.000.000 and weekends included Dcnmrrage Rate: $15.000 per day, which shall be proratedper day, holidays ofCarria ge Yaeht lost or not lost. AI[ payments are. non-returnable and deemed fullyearned upon execution of this Booking Note/Contract 10. Yacl] t owner's rcprcscntativcs at loading port Il. Additional Clauses, if any SEE .AddifOONAI CIAJSes At+Achad. X For JesuSCMidR.n Printnamc( Yaclu Owner) Print name ICa rri.:r) The Yacht Owner who executes this Agreement by hisfher/its behalf-as weft as on As Authorized Sales Agent to Carrier only The Carrier has relied upon the credit behalf and with the credit ofthc Yacht and warmnts. that aII statements and of the Yacht when deciding to execute this Agrccment. representations hereon, are true and correct. and that hc is . or has been provided with the legalauthorityto contract on behalf of, and legallybind to this or Entity(s) owning or otherwise entitled to possession Agreement, the Person(s) ofthe Yacht ,-& / ? LIL .-# R-/ L'-'. ..) 11Page ?-..Y UNITED YACHT TRANSPORT -?W? .J Kir/ATK I,iptit iM.I?Rikr,I TERMS AND CONDITIONS The Booking Note and Terms and Conditions form the only evidence of the Contract o f Carriage. It is understood that no Bill of Lading will be issued. A non-negotiablecargo receiptis not evidence of the Contract of Carriage. Clause I: Definitions I "Agreement" collectively refers to the Booking Note and Terms and Conditions. and any and other services whatsoever undertaken by the loading, unloading, storing, handling alt thc whole or anypart ofthe transportation, 2. "Carriage" means Carrier in relation to the Yacht. 3 "Carrier" meals United Yacht Transport LLC or which collectivelyform the 4 "Contract o f Carriage" means these Terms and Conditions and Booking Note (whether physically attached hereto not) Agreement Yacht Owner charged at Carrier's rate in addition to any charges by third parties . 5 "Demurrage" means any costs caused by delay attributable to the dead freight.to the Carrier in accordance with this Contract of Carriage 6. "Freight" includes atl chargcs payable, including or loss of the Yacht from mi insured peril 7 "Marine Cargo Insurance" means an A// Riskv insurance policy which indcmnifies the Yacht Owner for damage to while transponed on deck in Ocean Carriage 8 'Ocean Carriage' means the samc as Port to Port Shipment. 9. "Package" is defined as the MN MOONRAKER 10. "Vessel" means any water borne craft utilized for carriage under this Booking Note 1 ! "Voyage" means the on deck ocean carriage from Palma to PortE,*crgkades LLC "Yacht" means the boat (or othcr form ofwatercraft) and its contents being transported by United Yacht Transport . 12. and/or owner of the Yacht lo be carried. 13. "Yacht Owner" includes an individual, corporation or other legal entity and shall include the shipper. receiver, consignee and act on behalf of any and a!! of the parties enumerated and the party executing this Agreement warrants and represents it is authorized to represent. bind. here i n Clause 2: Scope of Agreement It isagreed between United Yacht Transport LLC and Yacht Owner that the Carrier will charter space for the Yacht Owner on die deck ofsaid Vessel designated in the attached booking note. or any other vessel that the Carrier may nominate as an alternative at Carrier's discretion the direction of the 2 The Vessel shall, as soon as it becomes available for loading, proceed to the loading port listed on the Booking Note. load the Yacht under Carrier, proceed to the discharge port listed on the Booking Note and discharge the Yacht under the direction of the Carrier. the Yacht is not an ordinary commercial shipment made in an ordinary course of 3 The parties to this agreement fully recognize and understand that the Caniagc of trade. The unique characteristics and condition oftheYacht and tile terms and conditions under which the Carriage of the Yacht is to be perfomied reasonably justify this special agreement. 4. A]} caniage under this Booking Note shall have effect subject io the provisions of ihe Carriage of Goods by Sea Act of the United States.46 U .SC. §§ !300-1315 law shall govern and have effect before thc Yaellt is loaded on and after it is ("US COGSA") Except as may be othenvise specifically provided herein. this in the custody of the the Yacht is carried on deck. bctwcen deck or under deck and throughout the entire time the Yacht is discharged from the Vessel. whether Carricr sole duty and obligationof Carrier shall not insure the Yacht or be liable for the yacht or its contents and that is the 5. It is expressly understood and agreed that the Yacht Owner to procure and maintain an adequate marine cargo insurance policy upon the Yacht for the duration of the Voyage. Clause 3: Delivery, Loading and Discharging will limit its business to the Carriage of said Yacht between loading port and discharging port Carrier Carrier, in accordance with U.S customs law, shall not be directly involved wi{h the dehvcry of Yacht to mid Aom the Icading berth or- anchorage of the Carrier's vessel. information provided or distributed by the Carrier or its agents 2 The sailing date contained in Box 5 of the Booking Note and in any other documentation or do the date upon the Yacht will wil! depari or arrive The Carrier and its ageiits specifically not warrant isonly an cstimate of the approximate date that the Vessef no claims whatsoever for loss of use or other consequential damages shall bc valid be loaded or disch urged As such, Carrier, Vessel and Yacht Owner agree that . execution of the Booking Note any claim of deviation due to or enforceable against the Carrier of the Vessel Yacht Owner specificallyand expressly waives by ofa delay or commercial) or consequential damages of any nature against the Ca,Tier or Vessel arising out delay or otherwisc for joss ofuse (whether recreational referenced in Box 5 in the perfonnancc of this Agrccmcn t, It is agreed that the actual sailing date may be up to thirty (30) days after the approximate sailing date of the Booking Note it appear that tile Carrier will not be ready to commcnce loading within thirty (30) days after the fast day of the shipment window as set