Hafnia Pools Pte. Ltd v. RIL USA Inc
| Hafnia Pools Pte. Ltd |
| RIL USA Inc |
| 1:2023cv00505 |
| January 20, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Marine |
| 28 U.S.C. § 1333 mc Marine Contract |
| None |
Docket Report
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This docket was last retrieved on February 13, 2023. A more recent docket listing may be available from PACER.
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Filing 15
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41 (a)(1)(A)(i) Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff by and through its attorneys hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice, against the Defendant. Any pending motions are moot. All conferences are vacated. Plaintiff is directed to serve this endorsed Notice on any garnishee served under the Court's Supplemental Admiralty Rule B Orders, ECF Nos. 9, 13. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/13/2023) (jca)
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| Filing 14 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) RIL USA Inc. Document filed by Hafnia Pools Pte. Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Carlson, Edward) |
| SUPPLEMENTAL MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to RIL USA Inc on 2/1/2023 in the amount of $729,200.72. (nmo) |
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Filing 13
SUPPLEMENTAL ORDER DIRECTING CLERK TO ISSUE SUPPLEMENTAL PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER: ACCORDINGLY, IT IS HEREBY ORDERED, that Supplemental Process of Maritime Attachment and Garnishment shall issue against all tangible and intangible property belonging to Defendant RIL USA INC held by any garnishee identified in Schedule A to this Order, upon whom a copy of the Supplemental Process of Maritime Attachment and Garnishment may be served, in an amount up to US $729,200.72 pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure; and, it is further, ORDERED, that any person claiming an interest in any property attached or garnished pursuant to this Order shall, upon application to the Court, be entitled to a prompt hearing at which the Plaintiff shall be required to show why the attachment and garnishment should not be vacated; and it is further, ORDERED, that any person at least 18 years of age who is not a party to this action and who is employed or appointed by Carlson and Ryan LLP be and hereby is appointed to serve this Supplemental Order and Process of Maritime Attachment and Garnishment on any garnishee identified in Schedule A of this Order; and it is further, ORDERED, that supplemental process of maritime attachment and garnishment specifying other or additional garnishees and enforcing the Court's Order may not be issued by the Clerk without further Order of the Court; and it is further, ORDERED, that initial service by any designated process server shall be made personally upon each garnishee where possible; and it is further, ORDERED, that a copy of this Order be attached to and served with initial service of the Supplemental Process of Maritime Attachment and Garnishment upon each garnishee; and it is further, ORDERED, that in the event Plaintiff restrains any assets pursuant to this Order, within five (5) days of this having occurred, Plaintiff shall inform the Court in writing that it has restrained assets and within thirty (30) days of this having occurred shall inform the Court in writing whether it has arranged with Defendant(s) and/or any third parties to establish a separate escrow account into which to transfer funds in the amount of the attached assets, or obtain mutually acceptable substitute security in the amount of such assets, or pay such funds into the Registry of the Court. If the Parties are able to agree to an arrangement, then this case will be dismissed without prejudice, and, upon request by Plaintiff, the case will be reopened for the purposes of any necessary proceedings to recognize and/or enforce any judgment or arbitration award rendered in connection with a resolution of the merits of the dispute that is the subject of this action; and it is further set forth in this Order. This Order is granted without prejudice to a motion by Defendant, pursuant to Supplemental Admiralty Rule E(4)(f) of the Federal Rules of Civil Procedure, to vacate the attachment on the ground that Defendant is subject to personal jurisdiction in a "convenient adjacent jurisdiction." See Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., 460 F.3d 434, 444-45 (2d Cir. 2006); see also ECF No. 4, paragraph 6, 8. (Signed by Judge Jesse M. Furman on 1/31/2023) (rro) Transmission to Records Management Clerk for processing.
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| Filing 12 FIRST LETTER addressed to Judge Jesse M. Furman from Edward Carlson dated January 31, 2023 re: proposed supplemental order directing clerk to issue supplemental process of maritime attachment and garnishment and appointing process server. Document filed by Hafnia Pools Pte. Ltd..(Carlson, Edward) |
| Filing 11 PROPOSED ORDER. Document filed by Hafnia Pools Pte. Ltd..(Carlson, Edward) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Hafnia Pools Pte. Ltd. (Attachments: #1 Text of Proposed Order Supplemental Order Directing Clerk to Issue Supplemental Process of Maritime Attachment and Garnishment and Appointing Process Server).(Carlson, Edward) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/31/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Edward Carlson to RE-FILE Document No. #10 Proposed Order. The filing is deficient for the following reason(s): The letter and the Order need to be filed separately. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. The letter is filed under Other Filings, Other Documents, Letter. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #11 Proposed Order was reviewed and approved as to form. (km) |
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Filing 9
ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER. IT IS HEREBY ORDERED, that Process of Maritime Attachment and Garnishment shall issue against all tangible and intangible property belonging to Defendant RIL USA INC held by any garnishee identified in Schedule A to this Order, upon whom a copy of the Process of Maritime Attachment and Garnishment may be served, in an amount up to US $729,200.72 pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure; and, it is further, ORDERED, that any person claiming an interest in any property attached or garnished pursuant to this Order shall, upon application to the Court, be entitled to a prompt hearing at which the Plaintiff shall be required to show why the attachment and garnishment should not be vacated; and it is further, ORDERED, that any person at least 18 years of age who is not a party to this action and who is employed or appointed by Carlson and Ryan LLP be and hereby is appointed to serve this Order and Process of Maritime Attachment and Garnishment on any garnishee identified in Schedule A of this Order; and it is further, ORDERED, that supplemental process of maritime attachment and garnishment specifying other or additional garnishees and enforcing the Courts Order may not be issued by the Clerk without further Order of the Court; and it is further, ORDERED, that initial service by any designated process server shall be made personally upon each garnishee where possible; and it is further, ORDERED, that a copy of this Order be attached to and served with initial service of the Process of Maritime Attachment and Garnishment upon each garnishee; and it is further, ORDERED, that pursuant to Federal Rule of Civil Procedure 5(b)(2)(E) and/or (F), any garnishee may consent to deem service to be effective and continuous for any period of time not to exceed 60 days from the date of this Order. Such consent may be manifested in the garnishees rules, policies or other instructions regarding service; and it is further, ORDERED, that following initial service as described above, if any supplemental service of the Process of Maritime Attachment and Garnishment is required, it shall be made personally, unless the garnishee consents to service by way of facsimile transmission to a fax number designated by the garnishee for that purpose. Supplemental service can also be made by e-mail or other means if consented to by the garnishee pursuant to Fed. R. Civ. P. 5(b)(2)(E) and/or (F). Such consent may be manifested in the garnishees rules, policies or other instructions regarding service; and it is further, ORDERED, that any garnishee served with this Order, upon determining that it is in possession of any property which may be subject to this Order, shall, as soon thereafter as is practicable, advise the Plaintiff of such details about the attachment as are reasonably available to it; and it is further, ORDERED, that this Order shall automatically expire 60 days from the date of its issuance if no assets or other property has been restrained pursuant to this Order, unless the Plaintiff shows good cause for an extension of this Order for an additional 60 days. Further 60-day extensions may be granted in the discretion of the Court, but only upon a showing by Plaintiff of extraordinary circumstances. All applications for extensions shall be made by letter-motion to the Court via cm-ECF; and it is further, ORDERED, that upon expiration or vacatur of this Order by reason of the preceding paragraph, this Action may be dismissed without prejudice, without costs, and without further notice to any party except as otherwise provided in this Order. The Plaintiff is directed to submit a letter to the Court informing it of the automatic expiration of the Order. This Order is granted without prejudice to a motion by Defendant, pursuant to Supplemental Admiralty Rule E(4)(f) of the Federal Rules of Civil Procedure, to vacate the attachment on the ground that Defendant is subject to personal jurisdiction in a "convenient adjacent jurisdiction." See Aqua Stoli Shipping Ltd. v. Gardner Smith Pty Ltd., 460 F.3d 434, 444-45 (2d Cir. 2006); see also ECF No. 4, 6, 8. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/25/23) (yv) Transmission to Records Management Clerk for processing.
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| MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to RIL USA Inc on 01/25/2023 in the amount of $729,200.72. (nmo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #5 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 8 CIVIL COVER SHEET filed..(Carlson, Edward) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to RIL USA Inc..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Edward John Carlson to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple natures of suit were selected, choose one. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edward John Carlson. The following case opening statistical information was erroneously selected/entered: Arbitration code y (Yes); County code Albany;. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to XX Out of U.S.;. (pc) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to RIL USA Inc, re: #1 Complaint. Document filed by Hafnia Pools Pte. Ltd..(Carlson, Edward) |
| Filing 5 PROPOSED ORDER. Document filed by Hafnia Pools Pte. Ltd. Related Document Number: #1 ..(Carlson, Edward) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 4 DECLARATION of Edward Carlson in Support re: #1 Complaint. Document filed by Hafnia Pools Pte. Ltd..(Carlson, Edward) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hafnia Limited for Hafnia Pools Pte. Ltd. Document filed by Hafnia Pools Pte. Ltd..(Carlson, Edward) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Carlson, Edward) Modified on 1/23/2023 (pc). |
| Filing 1 COMPLAINT against RIL USA Inc. (Filing Fee $ 402.00, Receipt Number ANYSDC-27229560)Document filed by Hafnia Pools Pte. Ltd..(Carlson, Edward) |
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| Plaintiff: Hafnia Pools Pte. Ltd | |
| Represented By: | Edward John Carlson |
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| Defendant: RIL USA Inc | |
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