Compania Sud Americana De Vapores S.A. v. Sinochem Tianjin Limited
Filing
5
ORDER - It is hereby ORDERED that: 1. Clrk of Ct to issue process of attachment & garnishment pursuant to Supp'l Rule B as prayed for in Verified Complaint... ; 2. Any person claiming an interest in the property attached or garnished pursuant to this order & process of maritime attachment & garnishment shall upon app to the Ct be entitled to prompt hearing...; 3. A copy of this Order shall be attached & served w/ said process of maritime attachment & garnishment; 4. Following initial servic e if any supp'l svc o process of maritime attachment & garnishment is req'd if garnishee does not consent to deem initial svc continuous for 60 days or... then any supp'l personal svc shall have continuous effect for 45 days.; 5. Pursu ant to Supp'l Rule B(1)(d)(ii)(C) process of attachment & garnishment may be personally served by rep Dennis Richman's Svcs who is @ least 18 y/o & not a party to this action. (See order for complete details.) Signed by Honorable Christopher C. Conner on 06/28/11. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
COMPANIA SUD AMERICANA DE
VAPORES S.A.
Plaintiff
v.
SINOCHEM TIANJIN LIMITED
f/k/a SINOCHEM TIANJIN IMPORT
AND EXPORT CORP.
Defendant
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CIVIL ACTION NO. 1:11-CV-1196
(Judge Conner)
ORDER
AND NOW, this 28th day of June, 2011, upon consideration of the Verified
Complaint (Doc. 1) filed by Compania Sud Americana de Vapores S.A. (“CSAV”)
praying for issuance of process of maritime attachment and garnishment pursuant
to Rule B of the Supplemental Rules for Admiralty and Maritime Claims and Asset
Forfeiture Actions of the Federal Rules of Civil Procedure (“Supplemental Rule
B”), and the declarations and papers submitted in support thereof (see Doc. 2), and
the Court finding that the conditions for an action under Supplemental Rule B
appear to exist, it is hereby ORDERED that:
1.
The Clerk shall issue process of attachment and garnishment pursuant
to Supplemental Rule B as prayed for in the Verified Complaint in the
amount of U.S. $ 58,187,947 against all goods, chattel, credits, letters of
credit, bills of lading, debts, effects and monies, funds, credits,
accounts, freights, sub-freights, charter hire, sub-charter hire, or any
other tangible or intangible property belonging to, claimed by, being
held for or on behalf or otherwise for the benefit of Sinochem Tianjin
Limited f/k/a Sinochem Tianjin Import and Export Corp. (“Sinochem
Tianjin”) by BIMAX Inc.
2.
Any person claiming an interest in the property attached or garnished
pursuant to this Order and the process of maritime attachment and
garnishment shall, upon application to the Court, be entitled to a
prompt hearing at which plaintiff CSAV shall be required to show why
the attachment and garnishment should not be vacated or other relief
granted.
3.
A copy of this Order shall be attached to and served with the said
Process of Maritime Attachment and Garnishment.
4.
Following initial service, if any supplemental service of the Process of
Maritime Attachment and Garnishment is required, if the garnishee
does not consent to deem initial service continuous for a period of sixty
(60) days or does not consent to supplemental service by verifiable
electronic means, then any supplemental personal service shall have
continuous effect for forty five (45) days.
5.
Pursuant to Supplemental Rule B(1)(d)(ii)(C), process of attachment
and garnishment may be personally served by a representative Dennis
Richman’s Services who is at least 18 years old and not a party to this
action.
S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge
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