Shagang Shipping Company Limited v. HNA Group Co., Ltd. et al
Filing
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ORDER granting plaintiff's 2 Motion for Writ of Attachment and Garnishment by Judge Richard A Jones. (Attachments: # 1 Writ)(RS) Modified on 3/24/2017/ 8 cert cc to USMO (RS).
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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SHAGANG SHIPPING COMPANY
LIMITED (IN LIQUIDATION),
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Plaintiff,
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v.
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HNA GROUP CO., LTD., HNA HOLDING )
GROUP CO. LIMITED f/k/a HNA
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INTERNATIONAL INVESTMENT
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HOLDINGS LIMITED, HNA PLATEAU
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GOLF LLC, HNA WASHINGTON
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NATIONAL GOLF LLC, HNA
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NEWCASTLE GOLF LLC, HNA INDIAN )
SUMMER GOLF LLC, HNA TROPHY
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LAKE GOLF LLC, HNA REDMOND
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RIDGE LLC, HNA HARBOUR POINTE
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LLC, and ABC GOLF, LLC,
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Defendants.
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IN ADMIRALTY
No. CV-17-00464
[PROPOSED] ORDER GRANTING
ISSUANCE OF WRIT OF
ATTACHMENT PURSUANT TO
SAR RULE B AND LAR 115 (C) AND
GARNISHMENT AND DIRECTING
CLERK TO ENTER PROCESS
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THIS DAY THIS COURT considered the Verified Complaint and Exhibits filed by
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Plaintiff, Shagang Shipping Company Limited (In Liquidation) (“Plaintiff”), seeking the
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issuance of process of maritime attachment and garnishment pursuant to Rule B of the
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Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions of the
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Federal Rules of Civil Procedure (“Supplemental Rule B”) and LAR 115 of the Local Admiralty
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Rules for the Western District of Washington (“LAR”), and the Plaintiff’s Verified Motion
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supported by the Declaration of Garrett S. Garfield of Holland & Knight LLP, the Declaration of
Order for Issuance of Writ of Attachment and Garnishment - 1
No. CV-17-00464
130716.0001/6906892.1
LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
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Katie Matison of Lane Powell, PC, and appended exhibits, this Court, upon consideration of the
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same, FINDS:
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THAT the conditions for Plaintiff’s action under SAR Rule B appear to exist. According
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to the Verified Complaint: “(1) Plaintiff has a valid prima facie admiralty claim against the
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defendant[s]; (2) defendant[s] cannot be found within the district; (3) property of the defendant[s]
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can be found within the district; and (4) there is no statutory or maritime law bar to the
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attachment.” Equatorial Marine Fuel Mgmt. Servs. Pte Ltd. v. MISC Berhad, 591 F.3d 1208,
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1210 (9th Cir. 2010).
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THAT Plaintiff seeks to attach real property belonging to Defendants pursuant to SAR
Rule B and LAR 115 to execute on its Judgment on a maritime claim.
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THAT Plaintiff has asserted sufficient facts in its Complaint to establish a reasonable
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probability that it will prevail in its alter ego claim of liability against Defendants and for piercing
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the corporate veil between HNA Group and the other Defendants.
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THAT after due consideration and review, this Court has determined that Plaintiff is
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entitled to a writ of attachment against the Defendants’ property in the District, which should be
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issued ex parte.
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IT IS THEREFORE ORDERED that the United States District Court Clerk (the “Clerk”),
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shall promptly issue process of attachment and writ of garnishment pursuant to Supplemental
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Rule B as prayed for in the Verified Complaint in the amount of U.S.$68,597,049.59, plus interest
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and costs, against all goods, chattel, credits, letters of credit, bills of lading, debts, effects and
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monies, funds, credits, accounts, brokerage accounts, letters of credit, freights, sub-freights,
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charter hire, sub-charter hire, or any other tangible or intangible property belonging to, claimed
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by, owed to, being held for or on behalf or otherwise for the benefit of the Defendants, including,
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inter alia, the following properties:
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(a)
2 courses at The Golf Club at Newcastle, 15500 Six Penny Lane,
Newcastle, WA 98059 (nominal owner: HNA Newcastle Golf LLC);
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Order for Issuance of Writ of Attachment and Garnishment - 2
No. CV-17-00464
130716.0001/6906892.1
LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
(b)
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The Washington National Golf Club, 14330 SE Husky Way, Auburn, WA
98092 (nominal owner: HNA Washington National Golf LLC);
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(c)
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The Golf Club at Redmond Ridge, 11825 Trilogy Parkway NE, Redmond,
WA 98053 (nominal owner: HNA Redmond Ridge LLC);
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(d)
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Trophy Lake Golf & Casting, 3900 SW Lake Flora Road, Port Orchard,
WA 98092 (nominal owner: HNA Trophy Lake Golf LLC);
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(e)
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Harbour Pointe Golf Club, 11817 Harbour Pointe Boulevard, Mukilteo,
WA 98275 (nominal owner: HNA Harbour Pointe LLC);
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(f)
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2 courses at Golf Club at Hawks Prairie: 9051 46th Avenue NE, Lacey,
WA 98516 (nominal owner: ABC GOLF, LLC);
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(g)
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The Plateau Club, 25625 East Plateau Drive, Sammamish, WA 98074
(nominal owner: HNA Plateau Golf LLC); and
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(h)
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Indian Summer Golf & Country Club: 5900 Troon Lane, Olympia, WA
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98501 (nominal owner: HNA Indian Summer Golf, LLC).
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IT IS FURTHER ORDERED that the process of attachment pursuant to SAR Rule B will
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be equally applicable to any other garnishees upon whom a copy of the Process of Maritime
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Attachment and Garnishment herein may be served, in an amount up to and including
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U.S.$68,597,049.59, plus interest and costs.
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IT IS FURTHER ORDERED that any person claiming an interest in the property attached
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or garnished pursuant to this Order and the process of maritime attachment and garnishment
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shall, upon application to this Court, be entitled to a prompt hearing at which Plaintiff shall be
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required to show why the attachment and garnishment should not be vacated or other relief
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granted.
IT IS FURTHER ORDERED that supplemental process enforcing this Court's Order may
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be issued by the Clerk upon application without further Order of the Court.
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//
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Order for Issuance of Writ of Attachment and Garnishment - 3
No. CV-17-00464
130716.0001/6906892.1
LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
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IT IS FURTHER ORDERED that a copy of this Order be attached to and served with the
said process of maritime attachment and garnishment.
SO ORDERED ON THIS THE 24th DAY OF MARCH 2017.
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A
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The Honorable Richard A. Jones
United States District Judge
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Order for Issuance of Writ of Attachment and Garnishment - 4
No. CV-17-00464
130716.0001/6906892.1
LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: 206.223.7107
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