Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corporation

Filing 16

ORDER GRANTING HONGKONG BANK'S MOTION TO INTERVENE: The Court having considered the matters presented, it is hereby ORDERED that Hongkong Bank be made a party to the action as an intervenor-plaintiff under Fed. R. Civ. P. 24(a); and it is furthe r ORDERED that Hongkong Bank file its complaint in intervention (the "Hongkong Bank Complaint") within one week of entry of this Order; and it is further ORDERED, in accordance with Local Admiralty Rule E.2(a) and Fed. R. Civ. P. 4(c)(3), t hat upon the filing of the Hongkong Bank Complaint, the Clerk shall furnish a conformed copy of the Hongkong Bank Complaint to Michael O. Ware, John A. Marsala, Delisha T. Powell or any other employee or agent of Mayer Brown LLP, who are hereby appoi nted special process servers directed to deliver the Hongkong Bank Complaint and a copy of this Order to HSBC Bank USA. Upon such delivery, the funds of YDX presently in the hands of HSBC Bank USA will stand attached and garnished in favor of Hongkon g Bank; and it is further ORDERED that HSBC Bank USA need not make a statement under CPLR 6219 or otherwise unless it believes that facts recited in this Order are inaccurate; and it is further ORDERED that Hongkong Bank give YDX prompt electronic no tice of the attachment as contemplated by Local Admiralty Rule B.2; and it is further ORDERED that Hongkong Bank's Illation under CPLR 6211(b) to confirm its attachment may be joined with a motion for summary judgment under Fed. R. Civ. P. 56(a) (the "Hongkong Bank Motion"). The Hongkong Bank Motion must be posted on the Court's ECF system within 10 days of the delivery of the Hongkong Bank Complaint to HSBC Bank USA. The Hongkong Bank Motion is to be made returnable at 9:30 A.M. on any Court day not less than 45 days after ECF posting. In the notice of motion on the Hongkong Bank Motion, counsel are directed to set a deadline for service of the answering papers that is no more than ten days before the return date. (The return date is not an appearance date. The Court will advise the parties if it believes that oral argument will assist it in its disposition of the motion.) Promptly upon the ECF filing of the Hongkong Bank Motion, Hongkong Bank's attorneys are to work diligently with the Clerk (see ww\-vl.nysd. uscourts.gov/cases/show.php?dlF=fornls&id=18 for instructions) to effect mail service, under Fed. R. Civ. P. 4(h)(2) and 4(f)(2)(c)(ii), on YDX in the Philippines of this Order, the Hongkong Ba nk Complaint and the Hongkong Bank Motion; and it is further ORDERED that the schedule set in the immediately preceding paragraph is without prejudice to YDX's rights (i) to move at any time under CPLR 6223(a) for the vacatur of the attachment i n favor of Hongkong Bank and (ii) to ask the Court to move up the return date of the Hongkong Bank Motion; and it is further ORDERED that plaintiffs' attorneys are to facilitate Hongkong Bank's service of papers on YDX by furnishing counsel with best known electronic and physical addresses for YDX; and it is further ORDERED that no funds attached in this action be released from any garnishee bank except by further order on notice to all appearing parties; and it is further ORDERED that the caption herein be amended to read as follows: Sinoying Logistics Pte. Ltd. and Acoaxet Shipping Pte. Ltd.,Plaintiffs,-and-The Hongkong and Shanghai Banking Corporation Limited, Intervenor-Plaintiff,- against-Ya Da Xin Trading Corporation (Philippines), Ya Da Xin Trading Co. Ltd. (Hong Kong) and Ya Da Xin (Hong Kong)Limited, Defendants. (Signed by Judge Denny Chin on 5/7/2009) (jpo)