Power Authority of the State of New York v. M/V Ellen S. Bouchard et al

Filing 182

CONSENT ORDER OF DISMISSAL WITH PREJUDICE: These case came before the Court upon the statements of counsel and the entire record of these matters. The Court has been advised by counsel that all matter and controversies in these cases have been resolved and that the cases have been settled. IT IS THEREFORE ORDERED THAT as to Power Authority of the State of New York v. ELLEN S. BOUCHARD, and the Barge B No. 280, their engines, apparel, tackle, boats, appurtenances etc., in rem, and Bouch ard Transportation Co., Inc., Motor Tug Ellen S. Bouchard, Inc., and B No. 280 Corp., in personam Case No. 1: 14-cv-00617 (PAC) all claims asserted by the Plaintiff against the Defendant in this case are dismissed with prejudice and that ea ch part will bear their respective fees and costs; and IT IS FURTHER ORDERED THAT as to In re Bouchard Transportation Co. Inc. Motor Tug Ellen S. Bouchard Inc. and B No. 280 Corporation, as Owners, Owner Pro Hac Vice, and Operator of the: B arge B No. 280 and Tug Ellen S. Bouchard, Case No. 1: 14-cv-01262 (P) all claims as asserted by the Limitation Plaintiffs and Limitation Defendant/Claimants in this case are dismissed with prejudice and that each party will bear their respecti ve fees and costs; and, IT IS FURTHER ORDERED THAT in Case No. 1:14-cv-01262 (PAC) the Amended Ad Interim Stipulation for Value in the Form of a Letter of Undertaking (Doc. No. 58) dated August 28 2014 submitted by the American Steamship Owne rs Mutual Protection and Indemnity Association Inc. ("American Club") as it undertaking for the value of the Tug Ellen S. Bouchard in principal amount of $4,088,200 to stand as security for claims asserted in this action is a nd shall be rescinded shall be deemed to be fully discharged and shall thereafter be considered to be null and void and IT IS FURTHER ORDERED THAT in Case No. l:14-cv-01262 (PAC), the Amended Ad Interim Stipulation for Value in the Form of a L etter of Undertaking (Doc. No. 64), dated October 14, 2014, submitted by the American Club as its undertaking for the value of the Barge B No. 280 in principal amount of $15,000,000 to stand as security for claims asserted in this action is a nd shall be rescinded, shall be deemed to be fully discharged and shall thereafter be considered to be null and void; and, IT IS FURTHER ORDERED THAT as to Power Authority of the State of New York v. M/V ELLEN S. BOUCHARD, and the Barge B No. 280, t heir engines, apparel, tackle, boats, appurtenances, etc., in rem, and Bouchard Transportation Co., Inc., Motor Tug Ellen S. Bouchard, Inc., and B No. 280 Corp., in personam, Case No. 1:14-cv-04462 (PAC) all claims asserted by the Plaintiff agains t the Defendants in this case are dismissed with prejudice and that each party will bear their respective fees and costs; and, IT IS FURTHER ORDERED THAT in Case No. 1:14-cv-04462 (PAC), the Letter of Undertaking, dated September 11, 2014, provide d by the American Club to the Plaintiff in principal amount of $10,000,000 to stand as security for the in rem claims asserted in this action is and shall be rescinded. shall be deemed to be fully discharged and shall thereafter be considered to be null and void. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/9/2021) (ks) Transmission to Finance Unit (Cashiers) for processing.