Transfield ER Cape Ltd. v. B& L Transoil (Holdings) Limited

Filing 18

ORDER: For the reasons stated on the record at the February 4, 2009 order to show cause hearing, B&L Transoil (Holdings) Limited's motion pursuant to Rule E(4) (f) of the Supplemental Admiralty Rules of the Federal Rules of Civil Procedure for a n order vacating the attachment of funds is hereby granted. The release of the attached funds, however, is stayed for ten (10) days to allow plaintiff to amend its complaint and allege that defendants wrongfully arrested plaintiff's vessel with bad faith l malice, or gross negligence. Additionally, plaintiff's amended complaint must allege when and in what forum it intends to pursue the merits of its wrongful arrest claim. (Signed by Judge Peter K. Leisure on 2/4/2009) (jpo)

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