Bonny Gas Transport Limited v. O.W. Bunker Germany GmbH et al

Filing 191

ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are cancelled. IT IS FURTHER ORDERED that this action will be dismissed with prejudice on December 2, 2020, unless before that date one or more of the parti es files a letter with the Court requesting that the action not be dismissed and explaining why the action should not be dismissed in light of the parties' settlement. To be clear, any request that the action not be dismissed must be filed be fore December 2, 2020; any request filed on or after that date may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, not later than November 26, 2020, they must submit (1 ) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v . United States, 791 F.3d 354 (2d Cir. 2015). IT IS FURTHER ORDERED that upon dismissal, the Court will order the Clerk of Court to disburse the amount deposited by Bonny Gas Transport Limited (plus interest). By no later than Friday, November 27, 2020, the parties must jointly inform the Court what amount is to be paid to each party. In the same joint letter, the parties must inform the Court to whom the checks should be made payable and to what address they should be sent. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/4/2020) (jca)

Case 1:14-cv-09542-VEC Document 191 Filed 11/04/20 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/4/2020
UNITED STATES U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

BONNY GAS TRANSPORT LIMITED, as
owner of the LNG FINIMA (IMO No.
7702401),
Plaintiff,

14-CV-9542 (VEC)

-againstORDER
O.W. BUNKER GERMANY GMBH,
NUSTAR TERMINALS MARINE
SERVICES N.V., NUSTAR ENERGY
SERVICES, INC., ING BANK N.V.,
Defendants.

VALERIE CAPRONI, United States District Judge:
WHEREAS on November 2, 2020, the parties informed the Court that they have
executed a settlement agreement on this matter, Dkt. 190;
IT IS HEREBY ORDERED THAT all previously scheduled conferences and other
deadlines are cancelled.
IT IS FURTHER ORDERED that this action will be dismissed with prejudice on
December 2, 2020, unless before that date one or more of the parties files a letter with the Court
requesting that the action not be dismissed and explaining why the action should not be
dismissed in light of the parties’ settlement. To be clear, any request that the action not be
dismissed must be filed before December 2, 2020; any request filed on or after that date may be
denied solely on that basis.
If the parties wish for the Court to retain jurisdiction to enforce their settlement
agreement, not later than November 26, 2020, they must submit (1) their settlement agreement

Case 1:14-cv-09542-VEC Document 191 Filed 11/04/20 Page 2 of 2

to the Court in accordance with Rule 7.A of the Court’s Individual Practices and (2) a request
that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement.
See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015).
IT IS FURTHER ORDERED that upon dismissal, the Court will order the Clerk of Court
to disburse the amount deposited by Bonny Gas Transport Limited (plus interest). By no later
than Friday, November 27, 2020, the parties must jointly inform the Court what amount is to be
paid to each party. In the same joint letter, the parties must inform the Court to whom the checks
should be made payable and to what address they should be sent.

SO ORDERED.
Date: November 4, 2020
New York, New York

__________________________
VALERIE CAPRONI
United States District Judge