Kanematsu-Gosho, Ltd. v. M/T Messiniaki Aigli, KANEMATSU-GOSH
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | Before MANSFIELD, PIERCE and PRATT; PER CURIAM |
| Citation | 805 F.2d 47 |
| Parties | , Plaintiff-Appellant, v. M/T MESSINIAKI AIGLI, Amigos Compania Naviera, S.A., Mobil Shipping and Transportation Co., Leeward Petroleum Company, Ltd., and Doman Tankers, Inc., Defendants-Appellees. LEEWARD PETROLEUM COMPANY, LTD., Third-Party Plaintiff, v. E.W. SAYBOLT & CO., LTD., Third-Party Defendant-Appellee. Docket 86-7610. |
| Docket Number | KANEMATSU-GOSH,LTD |
| Decision Date | 07 November 1986 |
Page 47
v.
M/T MESSINIAKI AIGLI, Amigos Compania Naviera, S.A., Mobil
Shipping and Transportation Co., Leeward Petroleum
Company, Ltd., and Doman Tankers, Inc.,
Defendants-Appellees.
LEEWARD PETROLEUM COMPANY, LTD., Third-Party Plaintiff,
v.
E.W. SAYBOLT & CO., LTD., Third-Party Defendant-Appellee.
Second Circuit.
Decided Oct. 24, 1986.
Opinion Filed Nov. 7, 1986.
Donald B. Allen, New York City (Caspar F. Ewig, Keith B. Dalen, Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, New York City, of counsel), for plaintiff-appellant.
Lionel R. Saporta, New York City (Hill, Betts & Nash, New York City, of counsel), for defendant-appellee Leeward Petroleum Co., Ltd.
Before MANSFIELD, PIERCE and PRATT, Circuit Judges.
PER CURIAM:
This matter comes before us upon the motion of defendant-appellee Leeward Petroleum Company, Ltd. ("Leeward") to dismiss this appeal as untimely taken. On October 24, 1986, we denied the motion with an opinion to follow. 1
Plaintiff-appellant Kanematsu-Gosho, Ltd. ("KGL") commenced this action in the United States District Court for the Southern District of New York, alleging the contamination of a cargo of jet fuel. On January 8, 1986, after a non-jury trial, Judge Motley filed an opinion in which she dismissed all of KGL's claims. The opinion stated in pertinent part:
Plaintiff is assessed the reasonable attorney fees of defendants Leeward, Amigos, and Mobil, and of third-party defendant Saybolt. By March 16, 1986 the prevailing parties are ordered to submit competent documentation to the court of their costs and attorney fees incurred in this suit. A hearing on the calculation of costs and attorney fees will be held on
Page 48
Thursday, April 3 at 4:30 P.M. in courtroom 906.On January 9, 1986, Judge Motley filed a document entitled "ORDER" that contained nearly identical language. The clerk entered this order on the district court docket sheet as an "ORDER".
On January 17, 1986, KGL moved pursuant to Fed.R.Civ.P. 52(b) to amend the "judgment." Judge Motley filed an opinion denying the motion on March 13, 1986.
Pursuant to the opinion of January 8, 1986 and order of January 9, 1986, proceedings were held with respect to the amount of costs and attorneys' fees to be assessed against KGL. On June 27, 1986, the district judge filed an opinion and separate order setting the amounts thereof. The order, which was denominated "JUDGMENT # 86,1528 & ORDER," concluded, "plaintiff's claims in this case having all been dismissed and attorney fee award amounts having now been determined, this case is hereby closed." KGL filed its notice of appeal on July 24, 1986.
Leeward moves to dismiss the appeal, arguing that the opinion and order of January 8 and January 9, 1986, respectively, together constituted the district court's final judgment on KGL's claims and on the issue of the defendants-appellees' entitlement to an award of costs and attorneys' fees. This proceeding purports to be an appeal from a "final decision[ ] of the district court[ ]." 28 U.S.C. Sec. 1291 (1982). As such, a notice of appeal must be filed "within 30 days after the date of entry of the judgment or order appealed from." Fed.R.App.P. 4(a)(1). Leeward asserts that since the January 1986 opinion and order disposed of all issues except the "collateral" one of attorneys' fees, they...
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...411 U.S. 216, 219-22, 93 S.Ct. 1562, 1563-65, 36 L.Ed.2d 202 (1973) (per curiam); Kanematsu-Gosho, Ltd. v. M/T Messiniaki Aigli, 805 F.2d 47, 48 (2d Cir.1986) (per curiam); Leonhard v. United States, 633 F.2d 599, 611 (2d Cir.1980) (separate-document requirement is intended "to pinpoint, pr......
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Long Island Lighting Co. v. Town of Brookhaven, No. 1190
...as provided in Fed.R.Civ.P. 79(a), see Fed.R.Civ.P. 58; Fed.R.Civ.P. 79(a); see generally Kanematsu-Gosho, Ltd. v. M/T Messiniaki Aigli, 805 F.2d 47, 48-49 (2d Cir.1986) (per curiam), there is a preliminary question as to whether LILCO's notice of appeal, filed on February 23, 1989, six and......
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Axel Johnson Inc. v. Arthur Andersen & Co., No. 346
...separate from any judicial memorandum or opinion. SeeRR Village Ass'n, 826 F.2d at 1200-01; Kanematsu-Gosho, Ltd. v. M/T Messiniaki Aigli, 805 F.2d 47, 48-49 (2d Cir.1986). In Kanematsu-Gosho, we stated that the separate document must be labeled a "judgment." 805 F.2d at 49. But see 11 C. W......
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Local Union No. 1992 of Intern. Broth. v. Okonite, No. 02-4352.
...58 is not satisfied by a separate document denominated "order," rather than "judgment." See Kanematsu-Gosho Ltd. v. M/T Messiniaki Aigli, 805 F.2d 47, Page 286 (2d Cir.1986) (per curiam). But we agree with the more comprehensive analysis of the D.C. Circuit in United States v. Johnson, 254 ......
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RR Village Ass'n, Inc. v. Denver Sewer Corp., No. 803
...411 U.S. 216, 219-22, 93 S.Ct. 1562, 1563-65, 36 L.Ed.2d 202 (1973) (per curiam); Kanematsu-Gosho, Ltd. v. M/T Messiniaki Aigli, 805 F.2d 47, 48 (2d Cir.1986) (per curiam); Leonhard v. United States, 633 F.2d 599, 611 (2d Cir.1980) (separate-document requirement is intended "to pinpoint, pr......
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Long Island Lighting Co. v. Town of Brookhaven, No. 1190
...as provided in Fed.R.Civ.P. 79(a), see Fed.R.Civ.P. 58; Fed.R.Civ.P. 79(a); see generally Kanematsu-Gosho, Ltd. v. M/T Messiniaki Aigli, 805 F.2d 47, 48-49 (2d Cir.1986) (per curiam), there is a preliminary question as to whether LILCO's notice of appeal, filed on February 23, 1989, six and......
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Axel Johnson Inc. v. Arthur Andersen & Co., No. 346
...separate from any judicial memorandum or opinion. SeeRR Village Ass'n, 826 F.2d at 1200-01; Kanematsu-Gosho, Ltd. v. M/T Messiniaki Aigli, 805 F.2d 47, 48-49 (2d Cir.1986). In Kanematsu-Gosho, we stated that the separate document must be labeled a "judgment." 805 F.2d at 49. But see 11 C. W......
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Local Union No. 1992 of Intern. Broth. v. Okonite, No. 02-4352.
...58 is not satisfied by a separate document denominated "order," rather than "judgment." See Kanematsu-Gosho Ltd. v. M/T Messiniaki Aigli, 805 F.2d 47, Page 286 (2d Cir.1986) (per curiam). But we agree with the more comprehensive analysis of the D.C. Circuit in United States v. Johnson, 254 ......