OceanConnect Marine Pte. Ltd. v. M/V Bum Young

Filing 21

*** FILED IN ERROR. PLEASE SEE DOCKET # 21 *** STIPULATION AND ORDER re 20 STIPULATION WITH PROPOSED ORDER TO RELEASE PROPERTY [the Vessel M/V BUM YOUNG, its tackle, apparel, et al ] IN THE CUSTODY OF THE U.S. MARSHAL, SUBSTITUTE CUSTODIAN OR OTHER PERSONS FROM ARREST AND RELATED ORDERS [Claimaint STX Pan Ocean Co. Ltd. R filed by OceanConnect Marine Pte. Ltd., M/V Bum Young, STX Pan Ocean Co. Ltd. Signed by Judge Jon S. Tigar on July 29, 2013. (wsn, COURT STAFF) (Filed on 7/26/2013) Modified on 7/26/2013 (wsn, COURT STAFF).

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
San Francisco Division

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OCEANCONNECT MARINE PTE. LTD.

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Plaintiff,

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v.

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M/V BUM YOUNG, its engines, tackle and
apparel,
Defendant IN REM.

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Case No. CV 13-2829
IN ADMIRALTY
STIPULATION TO RELEASE
PROPERTY IN THE CUSTODY OF THE
U.S. MARSHAL, SUBSTITUTE
CUSTODIAN OR OTHER PERSONS
FROM ARREST AND RELATED
ORDERS; [PROPOSED] ORDER
[CLAIMANT STX PAN OCEAN
RESTRICTED APPEARANCE
PURSUANT TO F.R.C.P.
SUPPLEMENTAL ADMIRALTY RULE
E(8)]

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STX Pan Ocean Co. Ltd, by limited appearance pursuant to F.R.C.P. Supplemental
Admiralty Rule E(8), as Claimant to the vessel M/V BUM YOUNG, its engines, tackle and
apparel, et al., Defendant in rem, (“MV BUM YOUNG”) and Plaintiff OCEANCONNECT

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MARINE PTE. LTD. (“Plaintiff”) (collectively, the “Parties”), by and through their respective

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counsel, hereby stipulate as follows:

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WHEREAS, on June 19, 2013, Plaintiff obtained an order from this Court pursuant to
Rule C of the Supplemental Admiralty Rules for Certain Admiralty or Maritime Claims of the

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Federal Rules of Civil Procedure (“the Arrest Order”), arresting the M/V BUM YOUNG in this
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District;
WHEREAS, on June 19, 2013, the Plaintiff also obtained a Warrant For Arrest In Rem of
the MV BUM YOUNG (“Arrest Warrant”) as well as an Order for the Appointment of a

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STIPULATION TO RELEASE PROPERTY IN THE CUSTODY OF THE U.S.
MARSHAL, SUBSTITUTE CUSTODIAN OR OTHER PERSONS FROM ARREST AND
RELATED ORDERS; [PROPOSED] ORDER Case No. CV 13-2829
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Substitute of Custodian (“Custodian Order”) (the Arrest Order, the Custodian Order, and the
Arrest Warrant are collectively referred to herein as the “Orders”);
WHEREAS, the Arrest Order and Arrest Warrant directed the United States Marshal to
arrest the MV BUM YOUNG;

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WHEREAS, the Custodian Order compels the United States Marshal to assume custody
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and possession of the M/V BUM YOUNG and then surrender such custody and possession to a
Substitute Custodian, Nielsen Beaumont (the “Substitute Custodian”);
WHEREAS, on June 19, 2013, the United States Marshal, pursuant to the Orders,
proceeded to arrest the M/V BUM YOUNG;

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WHEREAS, on July 16, 2013, STX Pan Ocean Co. Ltd agreed to deposit security in
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substitution for the M/V BUM YOUNG, in the amount of US $800,000.00 (the “Security”) with

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the Court’s registry, on terms satisfactory to Plaintiff, to be held by the Court pending the

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resolution of Plaintiff’s claims against the M/V BUM YOUNG;

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WHEREAS, on July 26, 2013, the Security was received by wire into the client trust
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account of the undersigned counsel for STX Pan Ocean Co. Ltd.,
WHEREAS the parties agree that the deposit of Security by STX Pan Ocean Co. Ltd

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shall be without prejudice to any party or nonparty’s right to contest the underlying validity of

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the arrest or to contest the amount of the Security; and

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WHEREAS, by the terms of this Stipulation to Release, the Plaintiff consents to the
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immediate release of the M/V BUM YOUNG from arrest, this action to continue in rem on the
Security,
NOW THEREFORE THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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STIPULATION TO RELEASE PROPERTY IN THE CUSTODY OF THE U.S.
MARSHAL, SUBSTITUTE CUSTODIAN OR OTHER PERSONS FROM ARREST AND
RELATED ORDERS; [PROPOSED] ORDER Case No. CV 13-2829
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1.

STX PAN OCEAN CO. LTD WILL DEPOSIT US $800,000.00 WITH THE

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COURT’S REGISTRY TO BE HELD BY THE COURT PENDING THE RESOLUTION OF

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PLAINTIFF’S CLAIMS AGAINST THE M/V BUM YOUNG;

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2.

THAT UPON THAT DEPOSIT, PLAINTIFF CONSENTS TO THE

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IMMEDIATE RELEASE FROM ARREST OF THE M/V BUM YOUNG;
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3.

THAT UPON THAT DEPOSIT, PLAINTIFF CONSENTS TO THE

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IMMEDIATE RELEASE OF THE SUBSTITUTE CUSTODIAN, THE UNITED STATES

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MARSHAL, AND THE UNITED STATES FROM ALL RESPONSIBILITIES CONFERRED

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BY THE ORDERS.

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IT IS SO STIPULATED.
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Dated this 26th day of July, 2013.
/s/ J. Stephen Simms
J. STEPHEN SIMMS
SIMMS SHOWERS LLP

/s/ John D. Giffin
JOHN D. GIFFIN
JESSICA LUHRS
KEESAL, YOUNG & LOGAN

JOSHUA E. KIRSCH
MARISA G. HUBER
GIBSON ROBB & LINDH LLP

Attorneys for Interested Party STX PAN
OCEAN CO. LTD.

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Attorneys for Plaintiff OCEANCONNECT

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[PROPOSED] ORDER

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Based on the foregoing Stipulation and good cause appearing, IT IS HEREBY
ORDERED THAT:
1.

STX Pan Ocean Co. Ltd shall deposit US $800,000.00 with the Court’s registry to

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be held by the Court pending the resolution of Plaintiff’s claims against the M/V BUM YOUNG;
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That upon that deposit, the vessel M/V BUM YOUNG, her engines, tackle, and

apparel, et al.,in rem, are released from maritime arrest;

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STIPULATION TO RELEASE PROPERTY IN THE CUSTODY OF THE U.S.
MARSHAL, SUBSTITUTE CUSTODIAN OR OTHER PERSONS FROM ARREST AND
RELATED ORDERS; [PROPOSED] ORDER Case No. CV 13-2829
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3.

That upon that deposit, the Substitute Custodian, United States Marshal, and

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United States are released from all duties and responsibilities conferred by this Court’s Orders

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with respect to the M/V BUM YOUNG in this action.

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IT IS SO ORDERED.

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Dated: July 29, 2013.
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____________________________________________
HON. JON S. TIGAR
JUDGE OF THE UNITED STATES DISTRICT COURT

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STIPULATION TO RELEASE PROPERTY IN THE CUSTODY OF THE U.S.
MARSHAL, SUBSTITUTE CUSTODIAN OR OTHER PERSONS FROM ARREST AND
RELATED ORDERS; [PROPOSED] ORDER Case No. CV 13-2829
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