ING Bank N.V. v. M/V Temara, IMO No. 9333929
| ING Bank N.V. |
| M/V Temara, IMO No. 9333929 |
| M/V Temara, IMO No. 9333929 and ING Bank, N.V. |
| Cimship Transportes Maritimos, S.A. |
| CEPSA International BV |
| 1:2016cv00095 |
| January 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| William H. Pauley |
| Marine |
| 28 U.S.C. ยง 1291 |
| None |
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Filing
238
ORDER granting 237 Letter Motion to Adjourn Conference. Granted. Jan. 27, 2020 at 3:00 p.m. (Scheduling Conference set for 1/27/2020 at 03:00 PM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 1/8/2020) (rro)
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Filing
236
OPINION & ORDER re: (85 in 1:16-cv-06453-LLS) MOTION for Partial Summary Judgment to Strike the Vessels' "Bad Faith" Affirmative Defense. filed by ING Bank N.V., (228 in 1:16-cv-00095-LLS) MOTION for Partial Summar y Judgment to Strike the Vessels' "Bad Faith" Affirmative Defense. filed by ING Bank N.V., (122 in 1:16-cv-02051-LLS) MOTION for Partial Summary Judgment to Strike the Vessels' "Bad Faith" Affirmative De fense. filed by ING Bank N.V.: that Plaintiff ING's motions for partial summary judgment striking the defendant vessels' bad faith affirmative defense (16 Civ. 95 (0kt. No. 228); 16 Civ. 2051 (0kt. No. 122); 16 Civ. 6453 (0kt. No. 8 5)) are granted.The further request in the notice of motion that the vessels TEMARA and VOGE FIESTA be directed to show cause why ING should not have judgment granting its lien claims, with its reference to the transcript of the October 4, 2019 confe rence and "all of the prior pleadings and proceedings in this matter,and to any additional arguments to be properly presented in support of the relief requested...," is too broad and vague to be given effect as an order and is therefore denied. A conference will be held on Wednesday, January 15, 2020 at 3:00 PM to discuss and schedule further proceedings. (Signed by Judge Louis L. Stanton on 12/20/2019) (ml)
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Filing
168
OPINION & ORDER: The Court has reviewed the letters submitted by ING Bank, N.V. ("ING") on October 31, 2016, in each of these matters. (16-cv-95, ECF No. 167; 16-cv-2051, ECF No. 78; 16-cv-2923, ECF No. 90; 16-cv-3456, ECF No. 139; 16-cv-6453, ECF No. 50.) If any party wishes to respond to ING's letter and proposal, they must do so no later than Tuesday, November 8, 2016. (Signed by Judge Katherine B. Forrest on 11/3/2016) (cla)
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Filing
165
OPINION & ORDER re: (56 in 1:16-cv-02923-KBF) MOTION for Partial Summary Judgment Regarding the Validity of a Maritime Lien and its Assignment to ING Bank N.V. under the Law of England. filed by ING Bank, N.V., (105 in 1:16-cv-03456-K BF) MOTION for Partial Summary Judgment Regarding the Validity of a Maritime Lien and its Assignment to ING Bank N.V. under the Law of England. filed by ING Bank, N.V., (146 in 1:16-cv-00095-KBF) MOTION for Partial Summary Judgment Regarding the Validity of a Maritime Lien and its Assignment to ING Bank N.V. under the Law of England. filed by ING Bank N.V., (48 in 1:16-cv-02051-KBF) MOTION for Partial Summary Judgment Regarding the Validity of a Maritime Lien and its Assignment to ING Bank N.V. under the Law of England. filed by ING Bank N.V. For the reasons set forth above, ING's motions for summary judgement as to a maritime lien are DENIED; the Court therefore finds it unnecessary to reach the question of whether the assignment is valid. While defendants in the cases commenced by ING have not cross-moved for summary judgement, this Court can nonetheless enter judgment in their favor. See Bridgeway Corp. v. Citibank, 201 F.3d 134, 140 (2d Cir. 2000). Accordingly, INGs motions for summary judgment in the following cases that ING has commenced are hereby terminated: ING Bank N.V. v. M/V TEMARA, 16-cv-95; ING Bank N.V. v. M/V VOGE FIESTA, 16-cv-2051; ING Bank N.V. v. M/V OCEA N HARMONY, 16-cv-2923; ING Bank N.V. v. M/V MARITIME KING, 16-cv-3456; ING Bank N.V. v. JAWOR M/V, 16-cv-6453. The Clerk of Court is also directed to terminate the motions at 16-cv-3456 ECF Nos. 53 and 79. The Court enters judgment on behalf of defendants in each case. In all cases, including those in which ING was joined as a party (Aegean Bunkering (USA) LLC v. M/T AMAZON et al., No. 14-cv-9447, and O'Rourke Marine Services L.P. v. M/V COSCO HAIFA et al., 15-cv-2992), the Court directs the plaintiffs in those actions to inform the Court within 10 days from the date of this Opinion & Order as to how they suggest the matters should proceed. (Signed by Judge Katherine B. Forrest on 10/21/2016) (tro)
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Filing
152
OPINION & ORDER re: 47 MOTION for Summary Judgment to Dismiss Intervening Verified Complaint of CEPSA Panama, S.A. by ING Bank N.V.; 58 Cross MOTION for Summary Judgment by CEPSA Panama, S.A. For the reasons stated above, ING's motion for summary judgment (ECF No. 47) is GRANTED and CEPSA's cross-motion for summary judgment (ECF No. 58) is DENIED. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 8/24/2016) (lmb)
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