Free Order - District Court of Delaware - Delaware

Case 1 :06-cv-00015-GIVIS Document 10 Filed 01/11/2006 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.
ORDER TO POST SECURITY FOR RELEASE OF VESSEL
WHEREAS, on or about January 6, 2006, plaintiff Wilmington Tug, Inc. commenced this
lawsuit against the M/V CLARY, in rem, asserting a maritime lien against the vessel for damage to
the plaintiff` s tugboats due to an allision at the Port of Wilmington, Delaware on January 6, 2006,
and requested the Court to enter an Order for arrest of the M/V CLARY pursuant to Rule C of the
Supplemental Rules for Certain Admiralty and Maritime Claims;
WHEREAS, on January 6, 2006, the Court issued an Order for Issuance of Warrant of Arrest,
directing the U.S. Marshal for this District to arrest the MJV CLARY at the Port of Wilmington;
WHEREAS, the U.S. Marshal for this District properly effected the arrest of the M/V
CLARY on January 6, 2006, and the vessel currently remains under arrest within this District
pursuant to the Court’s Order;
WHEREAS on January 9, 2006, Clary Shipping (Pte.) Ltd. filed a separate Limitation of
Liability action in this Court, captioned In the Matter ofthe Complaint of Clary Shipping {Pte.) Ltd,

Case 1 :06—cv—00015-GIVIS Document 10 Filed 01/11/2006 Page 2 of 2
gg, C.A. N0. 1:06-cv-00016 (the "Limitation Action"), together with an Ad Interim Stipulation for
Value in the amount of Three Million Dollars ($3,000,000.00).
WHEREAS, upon request of Clary Shipping (Pte.) Ltd., a telephone hearing was held by the
Court on January 10, 2006 to consider its Motion for entry of an Restraining Order in the Limitation
Action, enjoining prosecution of all other suits, including the captioned action, and for an Order
releasing the M/V CLARY &om arrest, and the Court having heard and considered the arguments
of counsel for Wilmington Tug, Inc. and Clary Shipping (Pte.) Ltd. in connection therewith,
NOW, THEREFORE, it is this 10* Day of January, 2006, hereby ORDERED that before
any Restraining Order is entered in the Limitation Action or the Order of Arrest of the M/V CLARY
issued in this action (C.A, 1:06-cv-00015) is vacated, Clary Shipping (Pte.) Ltd. must and shall
arrange for and provide to counsel for Wilmington Tug, Inc. security in the amount of Three Million
Dollars ($3,000,000.00) for the in rem claims asserted against the M/V CLARY in this action (C.A.
1:06-cv-00015) in the form of a Letter of Undertaking agreed by the parties and executed by the
vessel’s insurers, Sveriges Angfartygs Assurans Forening ("The Swedish Club"), which undertaking
shall provide a substitute res for the M/V CLARY to preserve and maintain the Court’s in rem
jurisdiction in this action and shall stand as security for any judgment which may be subsequently
rendered in favor of Wilmington Tug, Inc. and against the M/V CLARY in this action.
SO ORDERED:
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§§~Gregory M. Sle , U.S.D.J. 1/to [ab
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