Aegean Maritime Petroleum S.A. v. Kavo Platanos M/V et al

Filing 122

MINUTE ORDER: The Court sets a telephonic hearing on Friday, 11/3/2023 at 8:30 a.m. PST, regarding Defendants' motion to vacate warrants of arrest and writs of attachment. See Dkt. # 111 . Pursuant to Supplemental Admiralty Rule ("SAR" ) E(4)(f), Plaintiff shall be prepared "to show why the arrest or attachment" at issue "should not be vacated or other relief granted consistent with these rules." Considering the parties have already briefed the issue, see Dkt. ## 111 , 114 , 120 , 121 , the parties will be limited to ten (10) minutes per side. Plaintiff will proceed first and may reserve time for rebuttal. Authorized by Judge John H. Chun. (SB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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AEGEAN MARITIME PETROLEUM S.A.,
Plaintiff,

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MINUTE ORDER

v.

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CASE NO. 2:15-cv-00172-JHC

KAVO PLATANOS M/V, ET AL.,
Defendants.

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The following Minute Order is made by direction of the Court, the Honorable John H.
Chun, United States District Judge:
The Court sets a telephonic hearing on Friday, November 3, 2023 at 8:30 a.m. PST,

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regarding Defendants’ motion to vacate warrants of arrest and writs of attachment. See Dkt. #

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111. Pursuant to Supplemental Admiralty Rule (“SAR”) E(4)(f), Plaintiff shall be prepared “to

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show why the arrest or attachment” at issue “should not be vacated or other relief granted

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consistent with these rules.” 1 Considering the parties have already briefed the issue, see Dkt. ##

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Under SAR E(4)(f), Plaintiff must demonstrate “a fair or reasonable probability” of success on
the underlying claims: (1) breach of contract (cause of action two) and (2) unjust enrichment (cause of
action three). See OS Shipping Co. v. Glob. Mar. Tr.(s) Priv. Ltd., 2011 WL 1750449, at *5 (D. Or. May
6, 2011) (“[T]he prevailing test appears to be a “probable cause” standard[.]”).
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MINUTE ORDER - 1

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111, 114, 120, 121, the parties will be limited to ten (10) minutes per side. Plaintiff will proceed

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first and may reserve time for rebuttal.

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Dated this 27th day of October 2023.

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Ravi Subramanian
Clerk

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/s/Ashleigh Drecktrah
Deputy Clerk

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MINUTE ORDER - 2