Free Statement - District Court of Delaware - Delaware

I Case 1 :O7—cv-00050-JJF Document 23 Filed O2/22/2007 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
DOMINION CITRUS, LTD., FRESH :
FRUIT S.A., AGRI SOUSS, EL BOURA, : CIVIL ACTION
GPA, LIMONA SOUSS, and PRLAGRUS : 1:07-cv-00050-JJF
» Plaintiffs
v. 1
M/V BADRINAT H, her engines,
machinery, tackle, apparel, etc., AMER :
A SHIPPING LTD., ASHWATER : ,
I NAVIGATION CO., LTD., SEATRADE ;
REEFER CHARTERING N.V., SEATRADE :
if GROUP INC. and SEATRADE USA :
A I Defendants
S RESTRICTED APPEARANCE AND VERIFIED STATEMENT OF RIGHT OR
INTEREST PURSUANT TO SUPPLEMENTAL ADMIRALTY RULES Cg6[ AND Eg8l
Ashwater Navigation Co., Ltd. ("Ashwater"), by and through its undersigned counsel, now
S appears pursuant to Rule E(8) of the Supplemental rules for Certain Admiralty and Maritime Claims
_ ("Admiralty Rules"), solely for the limited purpose of defending the in rem claims asserted against
the defendant vessel by the plaintiffs in this action, said appearance being expressly subject to
‘ Admiralty Rule E(8).
ry. Having entered its restricted appearance, Ashwater hereby verifies its interest in the
defendant vessel M/V BADRINATH (the "Vessel") pursuant to Rule C(6) of the Admiralty Rules
and states that it was at the time of the filing ofthe Complaint herein, and is now, the true and bona
yide registered owner of the Vessel. (See Verification attached hereto as Exhibit "A").
Ashwater prays to oppose and defend the in rem claims asserted by the plaintiffs against the
Vessel and, by this restricted appearance, reserves each and every procedural and substantive right
pan; rxsvm

Case 1 :O7—cv-00050-JJF Document 23 Filed O2/22/2007 Page 2 of 4
and defense available in connection with said in rem claims and the arrest of the vessel afforded or
existing under any law, by contract or in equity, including but not limited to the right to demand that
the p1aintiffs’ Complaint be dismissed and/or the arrest of the M/V BARDRINATH be vacated.
Respectfully submitted,
PALMER BIEZU P & HENDERSON LLP
By: /s/ Michael B. McCauley
_ . Michael B. McCauley (ID 2416) .
Q; 1223 Foulk Road
Y- Wilmington, DE 19803
”¤` (302) 594-0895
(302) 478-7625 (fax)
[email protected]
Attorneys for Defendant,
Ashwater Navigation Co., Ltd.
Dated: February 22, 2007
PBH: 188747.1 ·

_ Case 1 :O7—cv-00050-JJF Document 23 Filed O2/22/2007 Page 3 of 4
VERIFICATION OF STATEMENT OF RIGHT OR INTEREST
PURSUANT TO SUPPLEMENTAL ADMIRALTY RULE C Q6;
Michael B. McCauley, being duly sworn, deposes and says:
1. I am a partner in the law firm of Palmer Biezup & Henderson, LLP, counsel for
Ashwater Navigation Co., Ltd, owner of the M/V BADRINATH, and I am authorized to make this
affidavit on the owner’s behalf.
2. I have read the attached Statement of Right or Interest and know the contents thereof,
i. and the same is true and correct based upon my investigation and the information provided to me by
the owners and operators of the vessel.
3. Pursuant to the provisions of 28 U.S.C. §1746, I declare under penalty of perjury that
the foregoing is true and correct.
Executed this 22nd Day of February 2007.
PALMER BIEZU P & HENDERSON LLP ·
By: /s/ Michael B. McCauley
Michael B. McCauley (ID 2416)
1223 Foulk Road
Wilmington, DE 19803
Q (302) 594-0895
{ (302) 478-7625 (fax)
[email protected]
Attorneys for Defendant,
Ashwater Navigation Co., Ltd.
psu; rssvm

Case 1 :O7—cv-00050-JJF Document 23 Filed O2/22/2007 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that service of a true and correct copy of Restricted
Appearance and Verified Statement of Right or Interest Pursuant to Supplemental Admiralty Rules
C(6) and E(8) was made to the below-listed counsel on February 22, 2007 via United States First-
Class Mail, postage prepaid, as follows:
Lee C. Goldstein, Esquire
615 W. 18‘h Street ,
EQ _ P.O. Box 1957
Wilmington, DE 19802
Stephen J. Galati, Esquire
Mattioni, Ltd.
399 Market Street, Second Floor
Philadelphia, PA 19106
1 certify under penalty of perjury that the foregoing is true and correct.
Executed on February 22, 2007.
Respectfully Submitted,
PALMER BIEZUP & HENDERSON LLP
By: /s/ Michael B. McCauley
i Michael B. McCauley (1D 2416)
A 1223 Foulk Road
Q- Wilmington, DE 19803
A (302) 594-0895
(302) 478-7625 (fax)
[email protected]
Attorneys for Defendant,
Ashwater Navigation Co., Ltd.
PBH: 188747.1