Clearlake Shipping Pte Ltd. v. O.W. Bunker (Switzerland) SA et al
| Clearlake Shipping Pte Ltd. |
| O.W. Bunker (Switzerland) SA, O.W. Bunker USA Inc., O.W. Bunker North America Inc., O.W. Bunker Holding North America Inc., Nustar Energy Services Inc. and ING Bank N.V. |
| 1:2014cv09287 |
| November 21, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Valerie E. Caproni |
| Marine |
| 28 U.S.C. ยง 1335 |
| None |
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Filing
273
STIPULATION AND ORDER FOR FINAL JUDGMENT AND DISMISSAL WITH PREJUDICE: STIPULATED AND AGREED, that all remaining claims asserted as between ING and NuStar are dismissed with prejudice; and it is further STIPULATED AND AGREED, that this Stipulati on may be filed without further notice and, for the purposes of filing this Stipulation, this Stipulation may be executed in counterparts, which, when taken together, shall constitute the entire Agreement, and that signatures by facsimile and elec tronic mail should be considered by the Court the same as original signature; and it is further STIPULATED AND AGREED that this Court reserves jurisdiction over the parties hereto and action to enforce this judgment. In addition to the foregoing, the Clerk of Court is respectfully directed to terminate all pending deadlines and motions and close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/11/2019) (rro)
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Filing
235
AMENDED ORDER AND OPINION: The Court amends its earlier opinion in this matter, Dkt. 230, as follows: On page 27 of the Opinion, the sentence "The Court concludes that the O.W. entities are entitled to a maritime lien in the test cases, case nos. 14-CV-9287, 14-CV-9949, and 14-CV-10091" is revised to read "The Court concludes that the O.W. entities are entitled to a maritime lien in case nos. 14-CV-9287 and 14-CV-10091." There are no further changes to the Court's opinion. (Signed by Judge Valerie E. Caproni on 3/3/2017) (kgo)
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Filing
230
AMENDED ORDER AND OPINION: The Physical Suppliers' motions for summary judgment in each of the three tests cases are DENIED: in case no. 14-CV-9287, docket entry 167; in case no. 14-CV-10091, docket entry 133; in case no. 14-CV-9949, docket en try 223; and in case no. 15-CV-6718, docket entry 173. INGs motion for summary judgment in the Clearlake test case (Clearlake, Dkt. 171) is GRANTED IN PART to the extent ING has moved for summary judgment on its claim that O.W. Switzerland holds a maritime lien and in rem interest in the interpleader res. ING's motion for summary judgment as to the validity of the O.W. entities' assignment of their liens to ING remain pending. O.W. USA's motion for summary judgment in the Nip pon Yusen test case (Nippon, Dkt. 140) is GRANTED IN PART with respect to O.W. USA's claim that the O.W. entities hold a maritime lien and in rem interest in the interpleader res. O.W. USA's motion for summary judgment on its in personam claims against Nippon Yusen remains pending. By January 16, 2017, the parties are directed to inform the Court of the following: 1. ING must inform the Court whether its motions for summary judgment with respect to its possession of a valid assign ment of the O.W. entities' liens are moot in light of this Opinion; 2. O.W. USA must inform the Court whether its in personam claims against Nippon Yusen are moot in light of this Opinion; and 3. O.W. Germany must inform the Court whether its in personam claims against Hapag-Lloyd are moot in light of this Opinion. The Clerk of Court is respectfully directed to close the open motions at the following docket entries: in case no. 14-CV-9287, docket entry 167; in case no. 14-CV-10091, docket entry 133; and in case no. 14-CV-9949, docket entry 223. (Signed by Judge Valerie E. Caproni on 3/3/2017) (kgo)
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Filing
218
ORDER AND OPINION re: (167 in 1:14-cv-09287-VEC) MOTION for Summary Judgment . filed by Nustar Energy Services Inc., (223 in 1:14-cv-09949-VEC) MOTION for Summary Judgment . filed by U.S. Oil Trading L.L.C., (133 in 1:14 -cv-10091-VEC) MOTION for Summary Judgment . filed by Nustar Energy Services, Inc..The Physical Suppliers' motions for summary judgment in each of the three tests cases are DENIED: in case no. 14-CV-9287, docket entry 167; in case no. 14-CV-10091, docket entry 133; in case no. 14-CV-9949, docket entry 223; and in case no. 15-CV-6718, docket entry 173. ING's motions for summary judgment in the Clearlake test case (Clearlake, Dkt. 171) and the Hapag-Lloyd test case (Hapa g-Lloyd, Dkt. 229) are GRANTED IN PART to the extent ING has moved for summary judgment on its claim that the O.W. entities hold maritime liens and in rem interests in the interpleader res. ING's motions for summary judgment as to the validit y of the O.W. entities' assignment of their liens to ING remain pending. O.W. USA's motion for summary judgment in the Nippon Yusen test case (Nippon, Dkt. 140) is GRANTED IN PART with respect to O.W. USAs claim that the O.W. entities hol d a maritime lien and in rem interest in the interpleader res. O.W. USA's motion for summary judgment on its in personam claims against Nippon Yusen remains pending. By January 16, 2017, the parties are directed to inform the Court of the foll owing: 1. ING must inform the Court whether its motions for summary judgment with respect to its possession of a valid assignment of the O.W. entities' liens are moot in light of this Opinion; 2. O.W. USA must inform the Court whether its in p ersonam claims against Nippon Yusen are moot in light of this Opinion; and 3. O.W. Germany must inform the Court whether its in personam claims against Hapag-Lloyd are moot in light of this Opinion. The Clerk of Court is respectfully directed to close the open motions at the following docket entries: in case no. 14-CV-9287, docket entry 167; in case no. 14-CV-10091, docket entry 133; and in case no. 14-CV-9949, docket entry 223. (Signed by Judge Valerie E. Caproni on 1/9/2017) (kgo)
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