KTB Oil Corporation v. M/V Cielo Di Tokyo

Filing 19

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 9/10/2012 ORDERING that SK Shipping must respond to the complaint by 10/5/2012. (Zignago, K.)

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JOHN D. GIFFIN, CASB No. 89608
[e-mail]
JENNIFER M. PORTER, CASB No. 261508
[e-mail]
KEESAL, YOUNG & LOGAN
A Professional Corporation
450 Pacific Avenue
San Francisco, California 94133
Telephone: [phone]
Facsimile: [phone]
Attorneys for Specially Appearing Party
SK SHIPPING CO., LTD.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KTB OIL CORPORATION,

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Plaintiff,

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vs.
M/V CIELO DI TOKYO,

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Defendant.

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Case No. 12-cv-1834-MCE-KJN
STIPULATION FOR EXTENSION OF
TIME TO FILE A RESPONSE TO THE
COMPLAINT; ORDER

IT IS HEREBY STIPULATED AND REQUESTED BY THE PARTIES that

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Specially-Appearing Party, SK SHIPPING CO., LTD. (“SK Shipping”) be granted a

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thirty (30) day extension by which to respond to the Complaint filed by Plaintiff KTB

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OIL CORPORATION (“Plaintiff”) on the following grounds:
1.

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On July 11, 2012 , Plaintiff commenced this immediate Action

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claiming damages in the amount of US$158,766.16 and seeking a warrant for arrest of

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SK Shipping’s vessel, M/V CIELO DI TOKYO (“Vessel”) in the Eastern District of

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California;
2.

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On July 12, 2012, the Vessel was arrested pursuant to the Court’s

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warrant for arrest while at the Port of Stockton, California.

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///

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///
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KYL_SF569584

STIPULATION FOR EXTENSION OF TIME TO FILE A RESPONSE TO THE COMPLAINT;
ORDER - Case No. 12-cv-1834-MCE-KJN

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3.

On July 13, 2012, the parties entered an Escrow Agreement by which

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SK Shipping deposited US$215,000.00 in the Court’s Registry, allowing for the

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immediate release of the Vessel.

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4.

The parties are currently engaging in informal discovery in an effort

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to resolve this matter without the aid of the Court. The Plaintiff has requested certain

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documentation, which will be necessary to achieve a commercial resolution of this

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matter, from the physical supplier of the fuel oil in New Jersey. Upon receipt of those

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documents, the parties will continue to negotiate settlement.

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5.

SK Shipping, however, is required to respond to the Complaint by

September 7, 2012.

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6.

Whereas, good cause exists to extend SK Shipping’s time to respond

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to the Complaint as the parties are actively negotiating a resolution of this lawsuit.

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Such an extension would allow the parties further time to locate and exchange essential

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evidence regarding the bunker fuel and allow the parties to continue settlement

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negotiations rather than engage in lengthy and expensive motion practice by which SK

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Shipping intends to challenge the propriety of the arrest of the Vessel and counterclaim

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against KTB for damages arising from the delivery of off-spec bunkers to the ship.

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Accordingly, the parties agree that the interests of judicial economy would be served by

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extending SK Shipping’s time to respond to Plaintiff’s Complaint by thirty (30) days.

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Based on the foregoing, the parties have agreed to and request a Court

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Order for an extension to October 5, 2012 by which SK Shipping must respond to the

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Complaint.

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DATED: September 6, 2012

/s/ Jennifer M. Porter
JOHN D. GIFFIN
JENNIFER M. PORTER
KEESAL, YOUNG & LOGAN
Attorneys For Specially Appearing Party
SK Shipping Co., Ltd.

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KYL_SF569584

STIPULATION FOR EXTENSION OF TIME TO FILE A RESPONSE TO THE COMPLAINT;
ORDER - Case No. 12-cv-1834-MCE-KJN

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DATED: September 6, 2012

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/ s/ Daniel Berberich
BRADLEY M. ROSE
DANIEL BERBERICH
KAYE ROSE & PARTNERS, LLP
For itself and on behalf of
KTB OIL CORPORATION

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ORDER
IT IS SO ORDERED.

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Dated: September 10, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

c4d6b0d3

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KYL_SF569584

STIPULATION FOR EXTENSION OF TIME TO FILE A RESPONSE TO THE COMPLAINT;
ORDER - Case No. 12-cv-1834-MCE-KJN