Fujian Ocean Shipping Co. Ltd. v. O. W. Bunker Far East (S) Pte. Ltd. et al

Filing 110

(REDACTED) OPINION & ORDER: IT IS HEREBY ORDERED that by no later than Friday, August 12, 2022, the partiesmust file a letter explaining the unaccounted for (redacted) or alternatively, the parties may filea revised proposed stipulation and order accounting for the entire Interpleader Fund. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/2/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.

Case 1:16-cv-00401-VEC Document 110 Filed 08/02/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------ X
:
FUJIAN OCEAN SHIPPING CO. LTD.,
:
individually and on behalf of M/V ZHENG RUN :
(IMO No. 9593816), and M/V ZHENG RONG
:
:
(IMO No. 9593828),
:
Plaintiff,
:
:
-against:
:
O.W. BUNKER FAR EAST (S) PTE. LTD.,
:
EQUATORIAL MARINE FUEL
:
MANAGEMENT SERVICES PTE LTD.,
:
SINANJU MARINE SERVICES PTE LTD.,
:
GLOBAL MARINE TRANSPORTATION PTE :
LTD., GLOBAL ENERGY TRADING PTE LTD. :
and ING BANK N.V.,
:
:
Defendants. :
------------------------------------------------------------ X

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 08/02/2022

16-CV-401 (VEC)
OPINION & ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS on February 1, 2016, Fujian Ocean Shipping Co. Ltd. (“Fujian”) deposited
$1,972,392.60 in the Court’s registry to stand as security in this interpleader action, Deposit
Order, Dkt. 12; Cashiers Office Receipt (Feb. 1, 2016 text entry);
WHEREAS on March 28, 2022, the Court resolved cross-summary judgment motions
filed by Global Energy Trading Pte Ltd. (“GET”) and ING Bank N.V. (“ING”), Fujian Ocean
Shipping Co. v. O.W. Bunker Far E. (S) PTE. Ltd., No. 16-CV-401, 2022 WL 902668 (S.D.N.Y.
Mar. 28, 2022);
WHEREAS the Court found that “ING is entitled to $1,315,247.52 (the invoice amounts)
plus $50,276.33 (prejudgment interest) minus the attorneys’ fees and costs to be awarded to
Fujian following either the parties’ agreement on that issue or the Court’s resolution of a new fee

Case 1:16-cv-00401-VEC Document 110 Filed 08/02/22 Page 2 of 2

application,” and that “Fujian is entitled to $606,868.75, the remaining amount on deposit, plus
the attorneys’ fees and costs that ultimately will be awarded,” id. at *18;
WHEREAS on July 29, 2022, the parties filed a proposed stipulation and order with
respect to the disbursement of the $1,972,392.60 on deposit with the Court, Prop. Stip., Dkt. 107;
WHEREAS on August 2, 2022, the Court granted the parties’ request that the monetary
terms in the proposed stipulation and order be kept under seal, Endorsement, Dkt. 108;
WHEREAS pursuant to the proposed stipulation,

is to be disbursed to

Fujian’s attorneys in this action, to then be disbursed by them in accordance with the Settlement
Agreement, Prop. Stip, Dkt. 107 at 3;
WHEREAS the proposed stipulation also states that “the balance of the Interpleader
Fund, comprising

[is to] be deposited into an interest-bearing account under the

Court’s CRIS system,” id.;
WHEREAS given that the Interpleader Fund totals $1,972,392.60, following a
disbursement of

to Fujian’s attorneys,

(and not

) would

comprise the balance of the Interpleader Fund and would remain deposited with the Court; and
WHEREAS the proposed stipulation accordingly leaves

unaccounted for and

on deposit in the Court registry’s non-interest bearing account.
IT IS HEREBY ORDERED that by no later than Friday, August 12, 2022, the parties
must file a letter explaining the unaccounted for

or alternatively, the parties may file

a revised proposed stipulation and order accounting for the entire Interpleader Fund.
SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: August 2, 2022
New York, NY

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