Valerie Shipping Inc. v. Korea Line Singapore PTE, Ltd.

Filing 111

ORDER RE: Joint Motion Re: 1) Disposition of IFO Bunkers Remaining On Board M/V Blue Jade, and 2) Granting $61,135.66 Custodia Legis Expense In Favor of Ultragas International S.A. For MGO Consumed During Attachment/ Arrest. Signed by Judge JEFFREY S. WHITE on 5/11/11. (jjoS, COURT STAFF) (Filed on 5/11/2011)

Case3:11-cv-00911-JSW Document110

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Filed05/10/11 Page1 of 4

Conte C. Cicala (Bar No.173554)
[e-mail]
Jeanine Tede (Bar No. 177731)
[e-mail]
FLYNN, DELICH & WISE LLP
343 Sansome Street, Suite 540
San Francisco, CA 94104
Telephone:
[phone]
Telecopier: [phone]
Attorneys for Interested Party
ULTRAGAS INTERNATIONAL, S.A.

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IN THE UNITED STATES DISTRICT COURT
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SAN FRANCISCO DIVISION
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ATTORNEYS AT LAW
343 Sansome STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

FLYNN, DELICH & WISE LLP

IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
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)
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Plaintiff,
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vs.
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KOREA LINE SINGAPORE PTE, LTD.,
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Defendant.
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______________________________________ )
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And related actions.
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VALERIE SHIPPING INC.,

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Case No.: 11-cv-00911
JOINT MOTION RE: 1) DISPOSITION OF
IFO BUNKERS REMAINING ON BOARD
M/V BLUE JADE, AND 2) GRANTING
$61,135.66 CUSTODIA LEGIS EXPENSE
IN FAVOR OF ULTRAGAS
INTERNATIONAL S.A. FOR MGO
CONSUMED DURING
ATTACHMENT/ARREST
[RESTRICTED APPEARANCE
PURSUANT TO F.R.C.P.
SUPPLEMENTAL ADMIRALTY RULE
E(8)]

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Interested Party ULTRAGAS INTERNATIONAL S.A. (“Ultragas”), has, by papers filed

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and arguments presented at May 6, 2011 hearing, to the satisfaction of all parties, established that

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it is owner of certain bunker fuel and marine gas oil on board the M/V BLUE JADE and/or

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consumed during the pendency of its arrest/attachment, and that it is entitled to the relief sought

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herein. By this motion, Ultragas requests, and all other parties to this action jointly move and/or
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do not oppose the granting of the following relief:
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JOINT MOTION

Case3:11-cv-00911-JSW Document110

1)

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Filed05/10/11 Page2 of 4

Clarification that the impending interlocutory judicial sale of the M/V BLUE JADE

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will not include the approximately 248.33 metric tons of low sulphur IFO bunkers and 89.29

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metric tons of high sulphur IFO bunkers (together, “IFO bunkers”) remaining thereon; that such

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IFO bunkers are the sole property of Ultragas; that such IFO bunkers may be sold by Ultragas to

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the purchaser of the M/V BLUE JADE or otherwise lawfully disposed of without further order of
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this Court; that such IFO bunkers are not under arrest or attachment by this Court, and/or that any

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remaining arrest or attachment should be vacated. 1

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2)

That Ultragas is entitled to reimbursement, as a custodia legis expense, the amount

of $61,135.66, which represents the reasonable value of Ultragas’ marine gas oil (“MGO”)

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ATTORNEYS AT LAW
343 Sansome STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

FLYNN, DELICH & WISE LLP

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consumed during the pendency of the arrest/attachment, and further that such claim has been duly

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presented and is deemed valid.

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Dated: May 9, 2011

FLYNN, DELICH & WISE LLP

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By:

________/s/_________________
Conte C. Cicala
Attorneys for Interested Party
ULTRAGAS INTERNATIONAL, S.A.

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Dated: May 9, 2011
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COX, WOOTTON, GRIFFIN,
HANSEN & POULOS LLP

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By:

_______/s/__________________
Gregory S. Poulos
Attorneys for Plaintiff
VALERIE SHIPPING INC.

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Nordea Bank Finland plc has previously confirmed that it has not arrested the bunkers. Valerie Shipping Inc., did
attach the bunkers, but agreed to vacate such attachment in exchange for a waiver of any claim for wrongful
attachment thereof, and Ultragas agreed to such waiver. Crewmembers also confirmed that they neither claim any
interest in the bunkers nor oppose the relief sought hereby.

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JOINT MOTION

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Dated: May 9, 2011

Filed05/10/11 Page3 of 4

KEESAL YOUNG & LOGAN

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By:

_______/s/__________________
James A. Marrissen
Attorneys for Intervening Plaintiff
NORDEA BANK FINLAND PLC

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Dated: May 9, 2011

BRODSKY MICKLOW BULL & WEISS LLP

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By:

_______/s/__________________
Edward Bull
Attorneys for Intervening Plaintiffs
CREWMEMBERS Delarrazabal et al.

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ATTORNEYS AT LAW
343 Sansome STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

FLYNN, DELICH & WISE LLP

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Dated: May 9, 2011

EMARD, DANOFF, PORT, TAMULSKI
& PAETZOLD LLP

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By:

_______/s/__________________
James Tamulski
Attorneys for Substitute Custodian
NATIONAL MARITIME SERVICES, INC.

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[PROPOSED] ORDER
Defendant having failed to appear and to oppose the motions previously filed, and

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Having considered the moving and opposition papers and oral arguments with respect to

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the relief sought by Ultragas International S.A. (“Ultragas”) at the hearing on May 6, 2011, and

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the above joint motion of the current parties to the action, and good cause appearing thereon, IT IS

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HEREBY ORDERED that:
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1)

The impending interlocutory judicial sale of the M/V BLUE JADE does not

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include the approximately 248.33 metric tons of low sulphur IFO bunkers and

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89.29 metric tons of high sulphur IFO bunkers (together, “IFO bunkers”) remaining

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thereon. Such IFO bunkers are the sole property of Ultragas. Such bunkers may be

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sold by Ultragas to the purchaser of the M/V BLUE JADE or otherwise lawfully

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disposed of by Ultragas without further order of this Court. To the extent such IFO

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bunkers are under arrest or attachment by this Court, such arrest and/or attachment

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is hereby vacated.

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2)

Ultragas is entitled to reimbursement, as a custodia legis expense, the amount of

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$61,135.66, representing the value of Ultragas’ marine gas oil (“MGO”) consumed

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during the pendency of the arrest/attachment. Ultragas’ claim therefor has been

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duly presented and is deemed valid.

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IT IS SO ORDERED.

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ATTORNEYS AT LAW
343 Sansome STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

FLYNN, DELICH & WISE LLP

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Ultragas shall file and serve a copy of this Order on
Defendant.

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May 11, 2011
DATED: ___________________________

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_______________________________________
UNITED STATES DISTRICT JUDGE

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JOINT MOTION