G.O. America Shipping Company, Inc. v. China Cosco Shipping Corporation Limited et al

Filing 8

ORDER granting plaintiff's 7 Motion authorizing Rule B Attachment of Assets signed by Judge Ricardo S Martinez. (Attachments: # 1 Writ of Attachment)(RS) cc USMO

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1 2 3 4 5 6 7 8 9 10 11 12 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON (SEATTLE) IN ADMIRALTY G.O. AMERICA SHIPPING COMPANY, INC., a corporation registered in the Republic of the Marshall Islands, Case No. 2:17-cv-00912-RSM Plaintiff(s), 14 15 v. 16 CHINA COSCO SHIPPING CORPORATION LIMITED, a company registered in the People Republic of China, 17 18 19 20 21 ORDER AUTHORIZING RULE B ATTACHMENT OF ASSETS COSCO SHIPPING LINES CO, Ltd. a subsidiary of CHINA COSCO SHIPPING CORPORATION LIMITED 23 CHINA SHIPPING INDUSTRY, (Shanghai Changxing) Co. Ltd., a subsidiary of CHINA COSCO SHIPPING CORPORATION LIMITED 24 and 25 COSCO SHIPPING HEAVY INDUSTRY CO., subsidiaries of CHINA COSCO SHIPPING CORPORATION LIMITED, 22 26 27 28 29 Defendant(s). TO: The United States District Court Clerk’s Office; and TO: China COSCO Shipping Corporation 30 31 32 THIS MATTER having come on by the motion of Plaintiff G.O. AMERICA SHIPPING COMPANY INC. for an order authorizing attachment of Defendants’ assets located within this district, and having PROPOSED ORDER AUTHORIZING RULE B ATTACHMENT OF ASSETS PAGE 1 OF 2 CHUNG, MALHAS & MANTEL, PLLC 1511 Third Avenue, Suite 1088 Seattle, Washington 98101 Phone: (206) 264-8999 ♦ Facsimile (206) 264-9098 1 2 3 considered the Verified Complaint in this action and the pleadings and files herein, the Court finds that the Plaintiff has a cause of action against the Defendants in the approximate amount alleged, and that the 4 Defendants cannot be found within this district, except that they possess assets within this district and within 5 the jurisdiction of this Court; therefore, 6 7 It is ORDERED that attachment of the following cargo vessels owned by COSCO Shipping Lines Co., Ltd.: (1) COSCO Taican that will arrive and dock at 4015 SR-509 North Frontage Road; Tacoma Washington1 on or around June 29, 2017; 8 9 (2) COSCO Europe will arrive and dock at 4015 SR-509 North Frontage Road on or around July 4, 2017; 10 11 12 (3) COSCO Kaohsiung will arrive and dock at 4015 SR-509 North Frontage Road; Tacoma Washington on or around July 10, 2017; it is scheduled to depart July 11, 2017. 13 14 15 16 17 18 In addition to the above named vessels, Defendants are authorized to seize all cargo containers and funds owned by any of the above named Defendants up to the amount $11,073,420 (USD). This order shall remain in effect until further notice provided by this Court. Furthermore, all persons claiming any interest in the 19 same will be cited to appear and pursuant to Supplemental Admiralty Rule B answer the matters alleged in 20 the Complaint. 21 DATED this 26 day of June 2017. 22 A 23 24 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 25 26 27 28 29 30 Presented by: CHUNG, MALHAS & MANTEL, PLLC /s/ Edward C. Chung Edward C. Chung, WSBA# 34292 Attorney for Plaintiff . 31 32 1 Although sailing schedule indicates Seattle, the Port of Seattle and the Port of Tacoma formed the Northwest Seaport Alliance in 2015. On information and belief the ships will be berthed at the Tacoma address at the dates delineated above. PROPOSED ORDER AUTHORIZING RULE B ATTACHMENT OF ASSETS PAGE 2 OF 2 CHUNG, MALHAS & MANTEL, PLLC 1511 Third Avenue, Suite 1088 Seattle, Washington 98101 Phone: (206) 264-8999 ♦ Facsimile (206) 264-9098

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