SCL Basilisk AG et al v. Agribusiness United Savannah Logistics LLC et al

Filing 6

ORDERED that the Court has scheduled a hearing in this matter for Monday, July 11, 2016 at 5:00 p.m. in the Third Floor Courtroom of the Federal Courthouse in Savannah, Georgia. The parties are DIRECTED to be prepared to present evidence at the July 11 hearing concerning Plaintiffs' entitlement to relief pursuant to Ga. Code. Ann. § 9-9-30 and any affirmative defenses Defendants may have thereto. The Clerk of Court shall DIRECT the United States Marshals Service to serve a copy of this Order on Defendants' registered agents via the addresses provided by Plaintiffs in their Petition.' (Doc.1.) Signed by Judge William T. Moore, Jr on 7/6/16. (wwp)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
SCL BASILISK AG and THORCO
SHIPPING A/S,
Plaintiffs,
CASE NO. CV416-162
bw

AGRIBUSINESS UNITED SAVANNAH
LOGISTICS LLC, AGRIBUSINESS
UNITED INC, AGRIBUSINESS UNITED
DMCC INC, AGRIBUSINESS UNITED
DMCC (DUBAI) LLC, and SONADA
AGRO LIMITED (UK) LLC,

C
cr
•_

c,) -

Defendants.

-

—H

ORDER
Before the Court is Plaintiffs' Petition and Application
for an Order for Security in Aid of Foreign Arbitration Pursuant
to O.C.G.A. § 9-9-30. (Doc. 1.) Plaintiffs have notified the
Court of a pending arbitration against Defendants Agribusiness
United Savannah Logistics LLC ("Agribusiness Savannah") and
Sonada Agro Limited (UK) LLC ("Sonada"). (Id. at 1.) Plaintiffs
have alleged that Defendants Agribusiness Savannah and Sonada
have multiple alter ego corporations and are 'so entwined and
fused that they collectively form a single unit." (Id. at 9.)
Accordingly, Plaintiffs request that the Court require
Defendants Agribusiness Savannah or Soriada to post security in
the amount of $ 667,528.86. (Id. at 12.) In the alternative,

Plaintiffs request that the Court order the remaining Defendants
to post security on the basis that they beneficially hold
property for Defendants Agribusiness Savannah or Sonada or are
their alter egos.

(i!)

Because of the expedited nature of this suit and the
possibility that recovery in the arbitration may be hampered if
security is not posted therefore, the Court has scheduled a
hearing in this matter for Monday, July 11, 2016 at 5:00 p.m.

in

the Third Floor Courtroom of the Federal Courthouse in Savannah,
Georgia. The parties are

DIRECTED

to be prepared to present

evidence at the July 11 hearing concerning Plaintiffs'
entitlement to relief pursuant to Ga. Code. Ann. § 9-9-30 and
any affirmative defenses Defendants may have thereto. The Clerk
of Court shall

DIRECT

the United States Marshals Service to

serve a copy of this Order on Defendants' registered agents via
the addresses provided by Plaintiffs in their Petition.' (Doc.
1.)
SO ORDERED this

day of July 2016.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

1

As the Plaintiffs did not provide an address for the registered
agent of Agribusiness United Savannah Logistics LLC, a copy of
this order shall be served at its principle office address of 2
East Bryan Street, Suite 1150, Savannah, Georgia 31401.
2