KTB Oil Corporation v. M/V Cielo Di Tokyo

Filing 38

ORDER signed by Chief Judge Morrison C. England, Jr on 12/10/12 DENYING 37 Request for Telephonic Appearance as moot. (Manzer, C)

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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
EASTERN DISTRICT OF CALIFORNIA

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KTB OIL CORPORATION,
Plaintiff,

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vs.
M/V CIELO DI TOKYO,
Defendant.

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Case No. 12-cv-1834-MCE-KJN
IN ADMIRALTY
STIPULATION TO CONTINUE
HEARING ON MOTION TO DISMISS;
ORDER

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IT IS HEREBY STIPULATED AND REQUESTED BY THE PARTIES,

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Specially-Appearing Party, SK SHIPPING CO., LTD. (“SK Shipping”), on behalf of in

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rem Defendant M/V CIELO DI TOKYO and Plaintiff KTB OIL CORPORATION

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(“Plaintiff”), that the hearing on Defendant’s Motion to Dismiss Verified Complaint and

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to Vacate Maritime Arrest (“Motion to Dismiss”), which is presently set for December 13,

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2012 be continued to the Court’s next presently available hearing date of January 24,

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2013, on the following grounds:

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1.

On October 5, 2012, SK Shipping filed its Motion to Dismiss and

requested that the issue be heard by this Court on November 15, 2012;
2.

On November 7, 2012, Plaintiff sought an ex parte continuance of the

hearing date and requested that the hearing on the Motion to Dismiss be rescheduled for
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KYL_SF577637

STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS; [PROPOSED] ORDER - Case No.
12-cv-1834-MCE-KJN

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November 29, 2012;

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3.

On November 14, 2012, the Court, by its own motion, continued the

hearing on the Motion to Dismiss to December 13, 2012;

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4.

As both parties are unable to attend the December 13, 2012 hearing

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date, counsel for SK Shipping contacted the Court and confirmed that the Court is

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available to hear the Motion to Dismiss on January 24, 2013;

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5.

Whereas, good cause exists to continue the hearing date and the

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parties have mutually agreed to this Court’s continuance of the hearing on the Motion to

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Dismiss to January 24, 2013.

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Based on the foregoing, the parties have agreed to and request a Court
Order for a continuance of the hearing on the Motion to Dismiss to January 24, 2013.

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DATED: December 19, 2012

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

DATED: December 19, 2012

/s/ Frank C. Brucculeri
BRADLEY M. ROSE
FRANK C. BRUCCULERI
DANIEL BERBERICH
KAYE ROSE & PARTNERS, LLP
For itself and on behalf of
KTB OIL CORPORATION

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ORDER

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Accordingly, the Request for Telephonic Appearance is denied as moot. IT IS SO

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ORDERED.

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DATED: 12/10/2012

_______________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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KYL_SF577637

STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS; [PROPOSED] ORDER - Case No.
12-cv-1834-MCE-KJN