Free Motion to Expedite - District Court of Delaware - Delaware

Case 1 :05-cv-00888-JJF Document 3 Filed 12/27/2005 Page 1 of 4
FOWLER, RODRIGUEZ & CHALOS, LLP
George M. Chalos, Esq.
Brian T. McCarthy, Esq.
Attorneys for Specially Appearing Petitioners
VENETICO MARITIME S.A. and ,
M/V IRENE E.M., in rem,
366 Main Street
Port Washington, New York 11050
Tel: (516)767-3600
Fax: (5 l6)767—3605
E-mail; gmc@frc—law.com
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
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VENETICO MARITIME S.A., ) , a
as Owner of M/V IRENE and )
M/V IRENE EM., in rem, ) -
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Petitioners, )
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UNITED STATES OF AMERICA, ) I .
UNITED STATES COAST ) y
GUARD, and UNITED STATES )
CUSTOMS AND BORDER )
PROTECTION AGENCY, )
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Respondents. )
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EIVIERGEN CY MOTION AND INCORPORATED NEEMORANDUM
SEEKZING AN EXQPEDITED HEARING ON PETITION TO RELEASE THE
MOTOR VESSEL, IRENE EM OR IN THE ALTERNATIVE, TO FIX SECURITY
COMES NOW, through undersigned counsel, Specially Appearing Petitioner,
Venetico Maritime SA (hereinaiter “O\?VI1€1'”), appearing pursuant to Supplemental Rule
E(8), requests that this Honorable Court set an expedited hearing on its Petition for the
Release ofthe Motor Vessel, [RENE E/I/[ (hereinafter "the Vessel"), or inthe alternative, to
Fix Security.
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Case 1:05-cv-00888-JJF Document 3 Filed 12/27/2005 Page 2 of 4
1. On December 11, 2005, United States Coast Guard Captain Scott,
Captain ofthe Port of Delaware Bay, issued Captain ofthe Port Order 120-05, detainin g
the subject vessel within the Port of Delaware Bay. The vessel is not permitted to leave `S
the Port of Delaware Bay without the express written authorization of the Captain ofthe
Port.
2. The December ll, 2005 Captain ofthe Port Order does not contain a
provision for release of the vessel upon the posting of a bond or security stipulation.
3. Thereafter, on December 13, 2005, a second letter was issued by Captain
Scott to the Owner stating that the Coast Guard, in an exercise of its purported authority
pursuant to 33 U. SC. § l908(e), is withholding the vessel’s customs clearance to depart or
proceed from the Port of Delaware Bay unless and until the Owner posts a surety bond,
and appoints a U.S. agent for the service of process for itself; and for Chian Spirit
Maritime Enterprises, Inc., the manager ofthe Vessel.
4. The amount ofthe bond demanded is not specified in Captain Scott’s
December 13, 2005 letter.
5. More recently, in addition to irnpermissibly detaining the vessel, the Coast
Guard has advised that it has identified twelve (12) crewmembers which it wishes to
detain in the United States as part of an investigation as to a possible violation ofthe Act
to Prevent Pollution from Ships.
6. At present, the Coast Guard is demanding that Owner post a surety bond of
$1 million; agree to appoint an agent for service of process, and further agree to house,
feed, provide per diem, continue to employ, agree to pay wages (irrespective ot` the
employment status ofthe crewmembers), and eventually repatriate, all twelve (12)
crewmembers through April 30, 2006, as a strict condition precedent for the release of the
Vessel.
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Case 1 :05-cv-00888-JJF Document 3 Filed 12/27/2005 Page 3 of 4
7. As more fully set forth in Ow`ner’s Petition for an Order to Release the
" Vessel, or in the alternative, to Pix Security, it is respectfully submitted that Petitioner is N
suffering serious and iiteparable harm each day the Vessel is wrongfully detained.
WHEREFORE, Petitioner respectfully requests that this Honorable Court grant its
motion for expedited hearing on its Petition for the Release of the Motor Vessel, 1'RENE E.M
or in the alternative, to Fix Security, setting the matter for hearing as soon as possible, and for
all general and equitable relief that may be granted.
Dated: December 26, 2005 Respectfully.YSulgn¤ittegl,
Qeorge M.¢“€halos, Esq.
"Brian T. McCarthy, Esq.
FOWLER, RODRIGUEZ & CHALOS, LLP t
Attorneys for Petitioners,
VENETICO MARITHVIE SA., and
M/V IRENE EM., in rem.
366 Main Street
Port Washington, New York 11050
Tel: (516) 767-3600
Fax: (516) 767-3605
Email: gmc@frc-lawcom
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Case 1:05-cv-00888-JJF Document 3 Filed 12/27/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that I have served on this ifoday of December 2005, a copy ofthe above
EMERGENCY MOTION AWD INCORPORATED MEMORALNDUM SEEKING AN
_ EXPEDITED HEARING ON PETIT ION TO RELEASE THE MOTOR VESSEL, IRENE
EM OR IN THE ALTERNATIWE, TO FIX SECURITY, to all parties identified below, by
facsimile transmission, overnight express courier, and by e-mail, as indicated below.
Lieutenant Kristian Pickrell I
Fifth Coast Guard District Legal Office
431 Crawford Street
Portsmouth, Virginia 23 704
Via Facsimile Transmission: {757) 398-6511 ,
Via E-mail: [email protected]
United States Customs and Border Protection
908 New Churchmarrs Road, Suite C
New Castle, DE 19720
Via Facsimile Transmission: {302) 326-0828
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