DHL Project & Chartering Limited v. Newlead Holding LTD et al

Filing 2

ORDER of issuance of process of maritime attachment and garnishment. Signed by Judge William T. Moore, Jr on 5/25/16. (wwp)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEOIA4 /
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SAVANNAH DIVISION
IN ADMIRALTY

7'

S .: 114
DHL PROJECT & CHARTERING
LIMITED
Plaintiff,
CIVIL ACTION FILE
NO.

VS.

NEWLEAD HOLDINGS LTD.,
NEWLEAD SHIPPING S.A.,
NEWLEAD BULKERS S.A.
NEWLEAD CASTELLANO LTD.,
GRAND VENETICO INC.,
NEWLEAD VENETICO LTD.

CYi16 -123

Defendants.

ORDER OF ISSUANCE OF PROCESS OF
MARITIME ATTACHMENT AND GARNISHMENT
Upon consideration of DHL Project & Chartering Limited ("DHL")'s Verified Complaint
for Maritime Attachment and Garnishment and supporting affidavits thereto, filed herein on the

2Say of May, 2016, and good cause appearing therefore, it is, by the United States District Court
for the Southern District of Georgia:
ORDERED that the Clerk of this Court is directed forthwith to issue the issue the Process
of Maritime Attachment and Garnishment for seizure of all tangible and intangible property of the
Defendants, as described therein, including, but not limited to, any property in which the
Defendants have a direct or beneficial interest, including, but not limited to, the vessel MN
NEWLEAD CASTELLANO, any cargoes, cash, funds, escrow funds, debts, credits, wire

transfers, electronic funds transfers, accounts, letters of credit, freights, sub-freights, charter hire,
subcharter hire, and/or any other assets of, belonging to, due or being transferred to, from, or for
the benefit of the Defendants (hereinafter, 'Assets), including, but not limited to, such Assets as
may be held, received, or transferred for their benefit at, through, or within the possession, custody,
or control of banking institutions and/or other institutions and/or such other garnishee(s) on whom
a copy of the Process of Maritime Attachment and Garnishment may be served, in the amount of
$14,303,762.90 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime
Claims of the Federal Rules of Civil Procedure in respect to the claim against the Defendants, as
identified in the Verified Complaint and as specified in the Process; and it is
FURTHER ORDERED, that any person claiming an interest in the property attached or
garnished pursuant thereto may, upon a showing of any improper practice or a manifest want of
equity on the part of Plaintiff, be entitled to an order requiring Plaintiff to show cause forthwith
why the attachment should not be vacated; and it is
FURTHER ORDERED, that a copy of this order be attached to and served with the said
Process of Maritime Attachment and Garnishment; and it is
FURTHER ORDERED, that supplemental process enforcing the Courts Order may be
issued and served without further Order of the Court; and it is
FURTHER ORDERED, that the vessel MN NEWLEAD CASTELLANO shall be deemed
attached pursuant to Rule B when a copy of this order is served with the said Process of Maritime
Attachment and Garnishment by the U.S. Marshal upon the M/V NEWLEAD CASTELLANO or
by service of on a substitute custodian by DilL via verifiable electronic means including, but not
limited to, email; and it is

46208686_v1

FURTHER ORDERED, that DilL shall not be responsible for any portion of Custodia
Legis expenses unless and until a copy of this order and said Process of Maritime Attachment and
Garnishment is served upon the MN NEWLEAD CASTELLANO by the U.S. Marshal or a copy
of this order is served upon the substitute custodian by DHL via verifiable electronic means
including, but not limited to, email; and it is
FURTHER ORDERED, that DHL's share of custodia legis costs, if any, shall begin to
accrue at the time a copy of this order and said Process of Maritime Attachment and Garnishment
is served upon the MIV NEWLEAD CASTELLANO by the U.S. Marshal or a copy of this order
is served upon the substitute custodian by DHL via verifiable electronic means including, but not
limited to, email.
SO ORDERED
Dated: May$t16

United States District Judge

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