Free Order - District Court of Delaware - Delaware

Case 1 :06-cv-00016-GIVIS Document 21 Filed 08/16/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN THE MATTER OF THE COMPLAINT : CIVIL ACTION
OF CLARY SHIPPING (Pte.) LTD., :
AS OWNER(S) AND/OR OWN`ER(S) :
PRO HAC VICE OF THE MOTOR :
VESSEL CLARY FOR EXONERATION 1 »-
FROM OR LIMITATION OF LIABILITY :
: N0.: 06-cv-00016 - GMS {
STIPULATION AND CONSENT ORDER · V
TO DISMISS CLAIMS OF WILMINGTON TUG, INC.
The plaintiff, Clary Shipping (Pte) Ltd. and Claimant Wilmington Tug, Inc., having reached
an agreement to settle and resolve certain claims between them pursuant to a Settlement Agreement
and Release dated on or about August l, 2006, hereby stipulate and agree to the dismissal of claims
asserted in this action by Claimant Wilmington Tug, Inc., on the terms set forth below:
l. Plaintiff Wilmington Tug, Inc. hereby agrees to dismiss, with prejudice, all claims
against the M/V CLARY and Clary Shipping, except for those claims described in Paragraph 2 of
this Stipulation, which shall be and are dismissed without prejudice.
2. Plaintiff Wilmington Tug, Inc. hereby agrees to dismiss, without prejudice, any claim
or cause of action by Wilmington Tug, Inc. against the M/V CLARY or Clary Shipping for
contribution and/or indemnity in connection with a claim, demand or cause of action made or
initiated against Wilmington Tug, Inc. by its employee Jeffrey Gidden with regard to the incident
which forms the basis of the Complaint in this matter and any claim or cause of action by
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Case 1 :06-cv-00016-GIVIS Document 21 Filed 08/16/2006 Page 2 of 2
Wilmington Tug, Inc. against the M/V CLARY or Clary Shipping to enforce the terms and
conditions of a certain Settlement Agreement and Release executed between the parties on or about Q
August 1, 2006.
3. The parties respectfully request the Court to expressly retain jurisdiction to enforce
the terms ofthe Settlement Agreement and Release between plaintiff Clary Shipping (Pte) Ltd. and
Wilmington Tug, Inc. dated on or about August 1, 2006. -
PALMER BIEZUP & HENDERSON LLP RICHARD R. WIER, IR. P.A.
Michael B. McCauley (H) No. 24 6) Richard R. Wier, Jr. # 16)
1223 Foulk Road 1220 Market Street
Wilmington, DE 19803 Suite 600
(302) 594-0895 Wilmington, DE 19801
Attorneys for Claimant, (302) 888-3222
Wilmington Tug, Inc. Attorneys for Plaintiff
Dated: August 16, 2006
IT IS HEREBY ORDERED that this Stipulation and Consent Order shall be made an Order
of the Court and it is further ORDERED that the Court shall retain jurisdiction to enforce the terms
of the settlement agreement between the parties.
SO ORDERED: _ .
Gre ry I leet, .S.D. .
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