Free Letter - District Court of Delaware - Delaware

Case 1 :06-cv-00016-GIVIS Document 4 Filed 01/10/2006 Page 1 of 3
RICHARD R. WIER, JR., P.A.
ATTORNEY AT LAW
RICHARD R' wml IR} r220 MARKET STREET, SUITE 600 (202) 888,2222
·M"mv WILMINGTON, DELAWARE taser FAX {202) 82,22225
DANIEL w. SCIALPI _
www.Wrerlaw.com
[email protected]
*ALSO ADMlT"£'ED IN PA [email protected]
January 10,2006
VIA Cl\/UECF
The Honorable Gregory M. Sleet
District Court of Delaware
J. Caleb Boggs Federal Building
844 N. King Street
Room 4324
Wilmington, DE 19801
Re: Wilmington Tug, Inc. v. Mr/V CLARY, et al.
Civil Action No. 06-0015 GMS
In the Matter ofthe Comglaint of Clary Shipping {Pte.) Ltd., as Owner
and/or Owner Pro Har: Vice of the Motor Vessel CLARY for Exorneration
From or Limitation of Liability
Civil Action No. 96-0016 GMS
Dear Eudge Sleet;
This letter is written with regard to the two above-referenced emergency matters that
involve a maritime casualty that occurred on January 6, 2006 at approximately l0 ani. near Berth
No. l ofthe Wilmington Marine Tenninal in Wilmington, Delaware and is further to our request
for an emergency telephone hearing. In the first action, Wilmington Tug, ine., represented by
Palmer Bieattp & Henderson LLP, tiled an arrest action pursuant to Supplemental Rule C against
the Motor Vessel CLARY alleging that the CLARY andfor its assisting tugs collided with
various rugs including the TINA, SALLY and CAPT. HARRY owned by Wilmington Tug.
Pursuant to Your i~lenor’s January 6, 2006 Order, the CLARY was arrested. Wilmington Tug
has requested that security be posted prior to the vessel being released from arrest.
asn trevor tnurzsee 9:022 ast

Case 1 :06-cv—OOO16-GIVIS Document 4 Filed 01/10/2006 Page 2 of 3
Honorable Gregory M. Sicot
Janumy IO, 2006
Page 2
Yesterday, Clary Shipping, tho owner of tho CLARY, represented by this firm and by
Obey, Kaior, Grimes & Shriver, Iilod 2. Limitation of Liability Proceeding, puxsuant to
‘ Supplemental Rule F, soaking oxonomtiom andfor to have its liability limited to the value of tho
vessel. As por stzmdatrd practice, security was posted with thc Court via an ad interim Stipulzztion
for Value signed by tho hull unciorvvritor for the CLARY, the Swedish Ciub, in the amount of
$3,000,000.
Wo have requested an omorgcncy tolophom: hearing with Your Honor for two masons.
First, so that tho appropriate orders may bo signed in thc Limitation Proceeding, including orders:
(1) providing for the acceptance ofthe Stipulation for Vaiuo as the amount
of the Limitation Fund, which will stand as security for the vessel;
(2} providing that ail claimants (inoiuding Wilmington Tug) am restrained
from pursuing claims against the CLARY or hor Owners outside tho Limitation
Proceeding; and
U (3) requiring that wo sown: notice of tho Limitation Proceeding order on all
known claimants,
We also moto that it is standard practice: for such above limitation Orders to bc signed ex parse as
Rule F provides at mechanism for any claimant, including Wiimington Tug, to later sock that the
amount of security be increased.
Second and most important, we want to address tho appropriate manner to have the vessel
immediately released from arrest and to address concerns that Wilmington Tug has with regard to
security issues.
Ciary Shipping has also asked us to advise that, since tho vessel has boon detained in pore,
sho has been losing approximately $3 0,000 po: day and has been signiticzmtiy delayed in
delivering ax cargo to Georgia. As a result of this delay, :1 plant in Georgia faces a possible shut
down.
Again, wo respectfully zoquosi: a telephone conference with Your Honor as soon as
possible. The participants in the cali wouid include this firm as well as our co—cou11so1 in
Baltimore, M. Hamilton Whitman, Ir. and/or Robert Hopkins of Obor, Kaior, Grimes & Shriver,
mate 7?99434§ mowzoue wa AM

Case 1 :06-cv-00016-GIVIS Document 4 Filed 01/10/2006 Page 3 of 3
Honorable Gregory M. Sleet ·
Jamzaiy li), 2006
Page 3
and Frank DeGiulio, Richard Q. Whelan and!or Michael B. McCauley of Palmer Biezup &
Henderson LLP, attorneys for Wilmington Tug.
Respectfully submitted,
ls! Daniel W. Sciaipi
Daniel W. Scialpi (#4146)
[email protected]
ee: Frank Defwiuiie, Esq. (via e-mail)
Richaré Whalen, Esq. (via email)
Michael B. McCauley, Esq. (via e-mail)
Clerk of the Court (via CM/ECF)
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