PETITION OF FRESCATI SHIPPING COMPANY, LTD., as owner of the M/T ATHOS I and TSAKOS SHIPPING & TRADING, S.A., as manager of the ATHOS I for Exoneration from or Limitation of Liability

Filing 299

ORDER THAT MOTIONS BY CITGO TO STRIKE & BAR EXPERT REPORTS ARE DENIED, CONDITIONED UPON THE FULFILLMENT OF THE COMMITMENTS MADE BY FRESCATI'S COUNSEL AT ORAL ARGUMENT, ETC. SIGNED BY HONORABLE JOHN P. FULLAM ON 10/8/09. 10/9/09 ENTERED AND COPIES MAILED AND E-MAILED: COPIES MAILED TO PRO SE PARTIES.(kw, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE: PETITION OF FRESCATI : SHIPPING COMPANY, LTD., as : Owner of the M/T ATHOS I and : TSAKOS SHIPPING & TRADING, : S.A., as Manager of the ATHOS I : for Exoneration from or : Limitation of Liability : UNITED STATES OF AMERICA : : V. : : CITGO ASPHALT REFINING COMPANY, : et al. : ORDER

CIVIL ACTION

No. 05-cv-00305-JF CIVIL ACTION

No. 08-cv-02898-JF

AND NOW, this 8th day of October 2009, upon consideration of the various motions by Citgo to strike and bar expert reports and opinions, and after argument on said motions, IT IS ORDERED: 1. That Citgo's motions are DENIED, conditioned upon

the fulfillment of the commitments made by Frescati's counsel at oral argument, namely, reimbursement of any additional expenses occasioned by the late-filing of the expert reports in question. 2. Any party may filed an amended or supplemental

report of one or more experts, notwithstanding the fact that such expert has already been deposed, provided: a) the proponent of the supplemental report agrees to bear the expense attendant upon

further depositions of that expert witness, and (b) all such reports are filed not later than February 1, 2010.

BY THE COURT:

/s/ John P. Fullam John P. Fullam, Sr. J.