Free Stipulation - District Court of Delaware - Delaware

Case 1:06-cv-00015-GMS

Document 8

Filed 01/10/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ________________________________________________ : WILMINGTON TUG, INC. : : Plaintiff : Civil Action No.: 1:06-cv-00015 v. : : M/V CLARY, her engines, tackle, boilers, : etc. in rem : and : : CLARY SHIPPING, in personam : : Defendants. : ________________________________________________:

CONSENT TO RELEASE VESSEL FROM ARREST

WHEREAS, on January 6, 2006, upon Motion of the plaintiff, Wilmington Tug, Inc., this Court issued Order for Issuance of Summons and Warrant of Arrest of Vessel directing the United States Marshal for the District of Delaware to arrest and attach the M/V CLARY; WHEREAS, on January 6, 2006, the United States Marshal for the District of Delaware arrested the M/V CLARY at the Port of Wilmington pursuant to the Court's Order; WHEREAS, on January 10, 2006, the Court entered an Order requiring the defendant to provide and furnish to the plaintiff Wilmington Tug, Inc. security in the amount of $3,000,000.00 in a form agreed by the parties to obtain the release of the vessel; WHEREAS, the defendant has delivered and the plaintiff Wilmington Tug, Inc. has accepted a Letter of Undertaking from the Swedish Club as the security provided for by the Court in its Order of January 10, 2006;

Case 1:06-cv-00015-GMS

Document 8

Filed 01/10/2006

Page 2 of 2

NOW, THEREFORE, plaintiff Wilmington Tug, Inc., by and through its attorneys, Michael B. McCauley and Palmer Biezup & Henderson, LLP, hereby consents to and authorizes the release of the M/V CLARY from arrest and requests the Court to enter an Order directing the U.S. Marshal for the District of Delaware to take all necessary action forthwith to lift the arrest of the vessel which is presently located at the Port of Wilmington.

PALMER BIEZUP & HENDERSON, LLP

By:

/s/ Michael B. McCauley Michael B. McCauley, Esq. Delaware Bar# 2416 1223 Foulk Road Wilmington, DE 19803 (302) 594-0895 Attorneys for Plaintiff

Of Counsel: Frank P. DeGiulio, Esq. 620 Chestnut Street 956 Public Ledger Building Philadelphia, PA 19106-3409 (215) 625-9900

PBH: 180661.1

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