Complaint of Cosmopolitan Shipping Co.

453 F. Supp. 268
District Court, S.D. New York·Decided May 23, 1978·No. No. 77 Civ. 1425·Published·Cited by 5 cases

Opinion

OPINION

ROBERT L. CARTER, District Judge.

On March 20, 1977, the S.S. Claude Conway sank off the coast of the United States, and one Franco Matascone, an Italian citizen, was killed. The owners of the ship instituted a limitation proceeding in this court pursuant to 46 U.S.C. § 185, on March 23, 1977. In the course of that proceeding, a dispute arose as to who was the proper “personal representative” of Franco Matascone for purposes of prosecuting this action. The New York County Public. Administrator claimed that he had been duly appointed by the Surrogate’s Court of the County of New York as the personal representative of Franco Matascone and consequently that he was the proper party to bring this suit. On the other hand, the mother and father of the deceased, together with his brothers and sisters (“Matascone claimants”) — all of whom are located in Italy — had designated counsel in this country and claimed that [269]*269they were the proper personal representatives of the deceased. The matter was argued to the court on February 17, 1978.

After reviewing the relevant authorities, the court issued an opinion on February 28, 1978, concluding that in order to qualify as a personal representative for purposes of prosecuting the federal causes of action here being asserted, see Moragne v. States Marine Lines, 398 U.S. 375, 90 S.Ct. 1772, 26 L.Ed.2d 339 (1970), 46 U.S.C. § 688 (Jones Act); 46 U.S.C. § 761 (Death on the High Seas Act), one did need to have “authority of some sort” from a court, see Briggs v. Pennsylvania R. Co., 153 F.2d 841, 842 (2d Cir. 1942), but that ancillary letters of administration from the New York County Surrogate’s Court were not necessary to so qualify. See id. at 842 — 43; Iafrate v. Compagnie Generale Transatlantique, 106 F.Supp. 619, 622 (S.D.N.Y.1952) (Weinfeld, J.). I held that the “just settlement,” see Briggs v. Pennsylvania R. Co., supra, 153 F.2d at 843, called for in choosing between the competing candidates for the designation as Franco Matascone’s personal representative in this litigation was to allow the Matascone claimants, or one of them, an opportunity to obtain proper authorization from an Italian court to represent the interests of Franco Matascone’s beneficiaries specified under the different federal causes of action here asserted, at which time he or they would be designated as Matascone’s personal representatives for purposes of this suit. The Matascone claimants were given sixty days to obtain such an authorization from the Italian courts.

On April 28, 1978, the New York County Public Administrator filed an Order to Show Cause in the Surrogate’s Court of New York County seeking an order restraining counsel for the Matascone claimants from prosecuting any claim on behalf of Franco Matascone in the County of New York until they filed a petition for and received ancillary letters of administration from the New York County Surrogate’s Court. Moreover, the proposed order sought to stay the prosecution of Franco Matascone’s claim in this court until the Order to Show Cause was heard in the Surrogate’s Court. Surrogate Lambert signed that Order to Show Cause, including the temporary stay, on April 28, and the matter was set down for a hearing on May 16, 1978.

On May 3, 1978, counsel for the Matascone claimants moved to extend their time to comply with this court’s order of February 28, and that motion was granted on the same day. Two weeks later, on May 16, 1978, Harvey Gerber, local counsel for the Matascone claimants appeared before Surrogate Lambert and adjourned the hearing on the pending Order to Show Cause to June 6th. At that time, the Surrogate made clear that the temporary stay would be continued and that she would view any . attempt by the Matascone claimants to seek protective relief in the federal courts as a violation of her order. This court was then informally notified of what had transpired in the Surrogate’s Court and it is in this somewhat unusual posture that the question of what relief should be afforded the Matascone claimants, who are caught between the conflicting orders of two sovereigns, is now before us.1 I conclude that [270]*270the Public Administrator should be enjoined from pursuing his action in the Surrogate’s Court and, moreover, should be ordered to discontinue that action.

In determining that an injunction should issue against the Public Administrator, I am, of course, aware of the proscriptions of the anti-injunction statute, 28 U.S.C. § 2283.2 That statute provides that: “A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” The injunction here at issue is both necessary to protect and effectuate the earlier judgment of this court and is necessary in aid of this court’s jurisdiction. Consequently it falls within the statutory exemptions provided to “assure that the federal courts and their judgments will not be eunuchized and that their muscularity will not be atrophied.” Donelon v. New Orleans Terminal Co., 474 F.2d 1108, 1114 (5th Cir. 1973); accord, Chrysler Corp. v. E. L. Jones Dodge, Inc., 421 F.Supp. 969, 972 (W.D.Pa. 1976).

“The ‘effectuate its judgments’ exemption [from the provisions of the anti-injunction statute] was added in 1948 to permit a federal court to enjoin relitigation in a state court of a matter determined by a judgment of the federal court . . . .” Samuel C. Ennis & Co. v. Woodmar Realty Co., 542 F.2d 45, 49 (7th Cir. 1976), cert. denied, 429 U.S. 1096, 97 S.Ct. 1112, 51 L.Ed.2d 543 (1977). “The relitigation exception . . . applies not only when the prior federal judgment is res judicata but also when the doctrine of collateral estoppel, or issue preclusion is relied upon.” Ibid. And this exception from the statute applies to interlocutory orders as well as final decrees. Sperry Rand Corp. v. Rothlein, 288 F.2d 245, 249 (2d Cir. 1961).

In Sperry Rand Corp. v. Rothlein, supra, for example, a federal district court had issued an order that plaintiff should complete all discovery before defendants could begin theirs. When plaintiff completed its discovery, it initiated an action for injunctive relief in state court against a party intimately connected with the federal defendants and with the federal suit. The district court enjoined the plaintiff from utilizing the fruits of its federal discovery in the state suit, thereby, in effect, enjoining the state action.

Free access — add to your briefcase to read the full text and ask questions with AI

Complaint of Cosmopolitan Shipping Co., 453 F. Supp. 268 (S.D.N.Y. 1978).

453 F. Supp. 268 (Complaint of Cosmopolitan Shipping Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Doe
868 F. Supp. 532 (S.D. New York, 1994)
Bruce v. Martin
680 F. Supp. 616 (S.D. New York, 1988)
Goodridge v. Harvey Group Inc.
602 F. Supp. 78 (S.D. New York, 1985)
United Transp. Union v. LONG ISLAND RR, ETC.
509 F. Supp. 1300 (E.D. New York, 1980)