Tonzip Maritime Ltd. v. Coral Energy Pte. Ltd.
| Tonzip Maritime Ltd. |
| Coral Energy Pte. Ltd. |
| ING Bank N.V. |
| 2:2023cv02283 |
| October 10, 2023 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Daniel J Calabretta |
| Allison Claire |
| Contract: Marine |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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Filing 14
JUDGMENT dated *10/26/2023* pursuant to order signed by District Judge Daniel J. Calabretta on 10/25/2023. (Reader, L)
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Filing 13
ORDER signed by District Judge Daniel J. Calabretta on 10/25/2023 DENYING without prejudice #12 Renewed Ex Parte Application for an order authorizing issuance of process of maritime and garnishment. The Clerk of Court is directed to close this case. CASE CLOSED (Reader, L)
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| Filing 12 RENEWED EX PARTE APPLICATIONS by plaintiff for an Order Authorizing Issuance of Process of Maritime Attachment and Garnishment and accompanying, for Appointment of Special Process Server, for Immediate Issue of Order, for Judicial Review re Minute Order (ECF. No. 11) Attorney Simms, J. Stephen added. (Attachments: #1 Exhibit A - Document Confirming ING Bank N.V. Bank Account for Defendant Coral, #2 Exhibit B - Records from California Secretary of State Confirming Resident Agent for Garnishee ING Bank N.A. in this District (Sacramento) Appointed to Receive Service of Process, #3 Proposed Order Granting Ex Parte Application for Issue of Supplemental Rule B Writ of Maritime Attachment and Garnishment, #4 Supplemental Rule B Writ of Maritime Attachment and Garnishment to Garnishee ING Bank N.V., #5 Proposed Order Granting Ex Parte Application Pursuant to Supplemental Rule B for Service of Writ, #6 Proposed Order Granting Ex Parte Application for Immediate Issue)(Simms, J.) Modified on 10/19/2023 (Kastilahn, A). |
| Filing 11 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 10/12/2023: Plaintiff Tonzip Maritime Ltd. has filed an #5 Ex Parte Application for an Order Authorizing Issuance of Process of Maritime Attachment and Garnishment, seeking to attach Defendant Coral Energy Pte. Ltd.'s bank accounts allegedly held by Garnishee ING Bank N.V. in the Eastern District of California under Rule B of the Federal Rules of Civil Procedure, Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions ("Rule B"). (See ECF No. #1 ¶¶ 7, 26; ECF No. #5 ¶ 5.) However, Plaintiff has failed to provide the Court with any evidence of Defendant's accounts, or proof that Garnishee has an agent located in the Eastern District. Plaintiff's allegations alone have failed to satisfy the Court that Defendant, a Singapore company, has accounts held with Garnishee, an international bank, that "can be found within the district" as required by Rule B. See Equatorial Mar. Fuel Mgmt. Servs. PTE v. MISC Berhad, 591 F.3d 1208, 1210 (9th Cir. 2010). Because the conditions set forth in Rule B do not appear to be met, the Court declines to issue a maritime attachment at this time. Accordingly, Plaintiff's #5 Ex Parte Application for an Order Authorizing Issuance of Process of Maritime Attachment and Garnishment and accompanying #6 Ex Parte Application for Appointment of Special Process Server, #7 Ex Parte Application for Immediate Issue of Order, and #8 Ex Parte Application for Judicial Review are hereby DENIED without prejudice to renewal of these motions if accompanied by additional information as described in this Order. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
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Filing 10
ORDER signed by District Judge Daniel J. Calabretta on 10/10/2023 GRANTING #9 Application for Pro Hac Vice. Added attorney John Stephen Simms, PHV for Tonzip Maritime Ltd.. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Donati, J)
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| Filing 9 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Tonzip Maritime Ltd. for attorney John Stephen Simms to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-11123029) (Attachments: #1 Certificate of Good Standing)(Klein, Neil) |
| Filing 8 EX PARTE APPLICATION by Tonzip Maritime Ltd. for Judicial Review, Applications to Issue Supplemental Admiralty Rule B Writ and for Appointment for Service of Writ. (Klein, Neil) |
| Filing 7 EX PARTE APPLICATION by Tonzip Maritime Ltd. for Immediate Issue of Order for Issue of Rule B Writ of Maritime Attachment and Garnishment and for Appointment Pursuant to Rule B for Service of Writ. (Attachments: #1 Proposed Order)(Klein, Neil) |
| Filing 6 EX PARTE APPLICATION by Tonzip Maritime Ltd. for Appointment of Special Process Server Pursuant to Special Admiralty and Maritime Rule B to Serve Writ of Maritime Garnishment. (Attachments: #1 Proposed Order)(Klein, Neil) |
| Filing 5 APPLICATION for WRIT of GARNISHMENT -Ex Parte - For Issue of Supplemental Rule B Writ of Maritime Attachment and Garnishment by Tonzip Maritime Ltd.. (Attachments: #1 Proposed Order, #2 Proposed Writ of Maritime Attachment, Supplemental Rule B)(Klein, Neil) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.) |
| Filing 3 SUMMONS ISSUED as to *Coral Energy Pte. Ltd.* with answer to complaint due within *21* days. Attorney *Neil Bruce Klein* *McKasson & Klein LLP* *18401 Von Karman Ave., SUite 330* *Irvine, CA 92612*. (Benson, A.) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Plaintiff Tonzip Maritime Ltd.. (Klein, Neil) |
| Filing 1 COMPLAINT against Coral Energy Pte. Ltd. by Tonzip Maritime Ltd. (Filing fee $ 402, receipt number ACAEDC-11122326) (Attachments: #1 Civil Cover Sheet)(Klein, Neil) |
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