Free Order - District Court of Delaware - Delaware

Case 1 :06-cv-00016-GIVIS Document 7 Filed 01/11/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN THE MATTER OF THE COIVLPLAINT *
OF CLARY SHLPPIN G (Pte.) LTD.,
AS OV»@TER(S) AND/OR OWNER(S) * Civil Action No.: "
PRO H/IC VICE OF THE MOTOR VESSEL
CLARY FOR EXONERATION FROM OR *
LIMITATION OF LIABILITY
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RESTRAININ G ORDER
AND ORDER FOR ISSUANCE OF NOTICE THAT CLAIMS BE FILED
Clary Shipping (Pte.) Ltd ("Clary Shipping"), having tiled a Complaint for Exoneration
from or Limitation of Liability as Owners and/or Owners Pro Hczc Vice of the motor vessel
CLARY ("CLARY" or "Vessel"), claiming the right to exoneration from or limitation of liability
pursuant to 46 U.S.C. app. §§ l8l—I 89 for any loss, damage, injury or destruction caused by or
resulting from an occurrence on or about January 6, 2006 (the "Accident"), or otherwise caused
or resulting during the Voyage on which the Vessel was then engaged, and said Complaint also
stating the facts and circumstances on which said exemption from and limitation of liability are
claimed, and good cause appearing for the entry of a restraining order and order for issuance of a
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notice that claims be filed as prayed for in the Complaint, it is this [ l day of

gig - , 2006, by the United States District Court for the District of Delaware,
ORDERED that a Notice issue out of this Court against all persons claiming damages for
any and all loss, damage, injury, or destruction or any other claim occasioned by or resulting
from the Accident or Voyage complained of, citing them to appear before this Court and tile
their respective claims with the Clerk of this Court on or before February 23, 2006 at 5:00 p.m.
and to serve on or mail to counsel for Clary Shipping a copy of such claims, with the right of any
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Case 1 :06-cv-00016-GIVIS Document 7 Filed 01/11/2006 Page 2 of 2
claimant desiring to contest the right of Clary Shipping to exoneration from or limitation of
liability to answer the Complaint on or before February 23, 2006 at 5:00 pm., and it is further
ORDERED, that said Notice be given by the publication thereof in The News Journal
once a week for four successive weeks prior to February 23, 2006, and that on or before the date
of the second such publication a copy of the Notice be mailed to every person or entity known to
have made any claim against the CLARY or Clary Shipping arising out of the Accident or the
Voyage on which the CLARY was then engaged; and it is further
ORDERED, that the beginning or prosecution of any and all suits, actions or proceedings
of any nature or description whatever other than this action against the CLARY, Clary Shipping,
and/or their officers, agents, servants, or employees, as well as the crew of the CLARY on the
date of the Accident in respect of any claim arising out of, consequent upon, or in connection
with the Accident or the Voyage upon which the Vessel was then engaged, be and hereby is
stayed and restrained until the hearing and determination of this action and until further order of
this Court; and it is further
ORDERED, that the service of this Order as a restraining order may be made by
delivering a copy of this Order to the person or entity to be restrained or to his or its counsel of
record in any suit, action or proceeding, or by mailing a copy of this Order by regular first-class
mail and certified mail, return receipt requested, to the person or entity to be restrained or to his
or its counsel of record in any suit, action or proceeding.
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