Free Letter - District Court of Delaware - Delaware

Case 1 :06-cv-00016-GIVIS Document 5 Filed 01/11/2006 Page 1 of 2
RICHARD R. WIER, JR., P.A.
ATTORNEY AT Law .
RICHARD R' WIER’ JR'}? 1220 MARKET STREET, sums 600 (302) 888,3222
······· W1LMiNoToN, DELAWARE 1980l mx {302) sssazzs
namst w. sctatm _
www.W1erlaw.com
[email protected]
mise Anmrrso in PA 1>s¤a1pr@wasr1aw.¤em
January ll, 2006
VIA CM/ECF
The Honorable Gregory M. Sleet
J. Caleb Boggs Federal Building
844 N. King Street
Room 4324 -
Wilmington, DE 19801
Re: Wilmington Tug, Inc. v. M/V CLARY, etal.
Civil Action No. 06-0015 (the "Arrest Action") `
In the Matter of the Complaint of Clary Shipping (Pte.) Ltd., as Owner
and/or Owner Pro Huc Wee of the Motor Vessel CLARY for Exoneration
From or Limitation of Liability
Civil Action No.06-0016 (the "Limitation Pr0ceeding")
Dear Judge Sleet:
l am writing to express the sincere thanks of all parties for your immediate involvement
in the above-referenced emergency matters. After our conference call yesterday, the parties
began drafting the appropriate Orders for the release ofthe vessel as well as the required security,
a Swedish Club Letter of Undertaking. Drafting and approval ofthe Letter of Undertaking
involved clients in the United States and in Europe (where it was after hours). As a result, we
were not given authority to issue the final agreed-upon Letter of Undertaking until slightly after 5
p.m. The related Orders in the Arrest Action with regard to posting security and releasing the
vessel were then filed. Because it was after hours and Your Honor was no longer available, we
were able to contact Chief Judge Robinson who, with the consent of all parties, signed two
Orders relating to the posting of security and release ofthe vessel at approximately 6 p.m. The —
U.S. Marshal was then contacted, and the U.S. Marshal served the release papers on the vessel at
approximately 7 p.m. As a result, the vessel was able to sail last night.
use trams in 1/2006 aan AM

A Case 1 :06-cv-00016-GIVIS Document 5 Filed 01/11/2006 Page 2 of 2
Honorable Gregory M. Sleet
January 1 1, 2006
Page 2
There are two remaining Orders that still require your signature in the Limitation
g Proceeding which are;
_ l. Order Allowing Filing of Ad Interim Stipulation for Value (Attachment No. 1 to
D.I. 2 in the Limitation Proceeding); and
2. Restraining Order and Order for Issuance of Notice that Claims be Filed
(Attachment No. 2 to D.I. 2 in the Limitation Proceeding).
Counsel for Wilmington Tug has advised that Wilmington Tug consents to your signing
these Orders. Accordingly, we respectfully request that these two Orders be signed this morning.
lf you have any questions, we and counsel for Wilmington Tug are available.
We again thank you for all of your assistance.
Respectfully submitted,
/s/ Daniel W. Scialpi
Daniel W. Scialpi (#4146)
[email protected]
cc: Frank DeGiu1io, Esq. (via e-mail)
Richard Whalen, Esq. (via e-mail)
Michael B. McCauley, Esq. (via e—mail)
Clerk ofthe Court (via CM/ECP)
nan 779943.1 ui 1/2006 enc AM