Transfield ER Cape Ltd. v. B& L Transoil (Holdings) Limited

Justia Dockets & Filings Second Circuit New York Southern District Transfield ER Cape Ltd. v. B& L Transoil (Holdings) Limited

Transfield ER Cape Ltd. v. B& L Transoil (Holdings) Limited

Plaintiff:	Transfield ER Cape Ltd.
Defendant:	B& L Transoil (Holdings) Limited
Case Number:	1:2008cv11385
Filed:	December 31, 2008
Court:	US District Court for the Southern District of New York
Office:	Contract: Marine Office
County:	XX Out of U.S.
Presiding Judge:	Peter K. Leisure
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:1331 Fed. Question: Other

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Date Filed	Document Text
June 24, 2009	Filing 34 OPINION AND ORDER,#97674 B&L's motion to vacate is GRANTED, and Transfield's request to further amend its complaint is DENIED. As the attachment is the only basis for jurisdiction in this Court, Transfield's Second Amended Complaint is DISMISSED without prejudice. The Clerk of Court is instructed to close this case. The Court further directs that if Transfield ever commences a new action in this District concerning the dispute at issue in the Second Amended Complaint, Transfield shall designate the new action as related to this action. (Signed by Judge Peter K. Leisure on 6/24/09) (pl) Modified on 6/25/2009 (eef). Modified on 6/25/2009 (pl).
February 4, 2009	Filing 18 ORDER: For the reasons stated on the record at the February 4, 2009 order to show cause hearing, B&L Transoil (Holdings) Limited's motion pursuant to Rule E(4) (f) of the Supplemental Admiralty Rules of the Federal Rules of Civil Procedure for a n order vacating the attachment of funds is hereby granted. The release of the attached funds, however, is stayed for ten (10) days to allow plaintiff to amend its complaint and allege that defendants wrongfully arrested plaintiff's vessel with bad faith l malice, or gross negligence. Additionally, plaintiff's amended complaint must allege when and in what forum it intends to pursue the merits of its wrongful arrest claim. (Signed by Judge Peter K. Leisure on 2/4/2009) (jpo)

Date Filed

Document Text

June 24, 2009

Filing 34 OPINION AND ORDER,#97674 B&L's motion to vacate is GRANTED, and Transfield's request to further amend its complaint is DENIED. As the attachment is the only basis for jurisdiction in this Court, Transfield's Second Amended Complaint is DISMISSED without prejudice. The Clerk of Court is instructed to close this case. The Court further directs that if Transfield ever commences a new action in this District concerning the dispute at issue in the Second Amended Complaint, Transfield shall designate the new action as related to this action. (Signed by Judge Peter K. Leisure on 6/24/09) (pl) Modified on 6/25/2009 (eef). Modified on 6/25/2009 (pl).

February 4, 2009

Filing 18 ORDER: For the reasons stated on the record at the February 4, 2009 order to show cause hearing, B&L Transoil (Holdings) Limited's motion pursuant to Rule E(4) (f) of the Supplemental Admiralty Rules of the Federal Rules of Civil Procedure for a n order vacating the attachment of funds is hereby granted. The release of the attached funds, however, is stayed for ten (10) days to allow plaintiff to amend its complaint and allege that defendants wrongfully arrested plaintiff's vessel with bad faith l malice, or gross negligence. Additionally, plaintiff's amended complaint must allege when and in what forum it intends to pursue the merits of its wrongful arrest claim. (Signed by Judge Peter K. Leisure on 2/4/2009) (jpo)

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Plaintiff: Transfield ER Cape Ltd.
Represented By:	George Michael Chalos
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Defendant: B& L Transoil (Holdings) Limited
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