Free Letter - District Court of Connecticut - Connecticut

Case 3:03-cv—01042—RNC Document 15 Filed 06/21/2005 Page 1 of 2 i
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8 June 17, 2005
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m BY FEDERAL EXPRESS
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C; The Honorable Robert N. Chatigny
__?, Chief Unged States District Court Judge
464 United States District Court for the I
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`°" Rei: Naval Gijon et ano. v. M.T. Maritime Management (USA) LLC, etc.,
Q . srv: etal., 3:03 CV 1042(RNC)
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· cbear Judge Chatigny: ,
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,f,’\ 5 I write with respect to Your Honor's Order entered in the above captioned action on
2 February 22, 2005. A copy of the February 22 Order is attached for the convenience of the
m ourt. In relevant part, the Order provides that the captioned action, having been closed
...i dministratively by the Order, may be reinstated pursuant to a motion filed within 30 days of the
§ 4 Eompletion of the arbitration proceeding in London. The arbitration (referred to in the Amended l
U giomplaint, paragraph 100, as the "HulI 553 Arbitration") is between Naval Gijon S.A., one of the l
g Lplaintiffs in the referenced action and our client, and Gold Coast, a Special Purpose Company (
o that contracted for the building of Hull 553. T'he Amended Complaint alleges that Gold Coast `
rg _ gvas formed by, is controlled by and is indirectly owned by all or some of the defendants in the
. Referenced action.
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’ 'g Another in a series of awards was recently made in the arbitration, but the arbitration
M roceeding is not completed. The most recent award made in the arbitration is dated May 20,
zi 2005. It is entitled "Sixth Award," because five awards already have preceded it. However, the
·-[54 arbitration has not yet been concluded. The Arbitrator has yet to make the declaration required
by the parties for the purpose of ascertaining the accounting position between them, and costs
Q . have yet to be determined (inter-parties costs and Arbitrator’s fees are recoverable in London
Fl E Arbitration). A copy ofthe Sixth Award is enclosed.
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ui g However, given the time since the original Stipulation and Order staying the action was
3 § entered on August 18, 2003, and the Court's observation in its February 22 Order that the
N O parties had not been heard from at the time it was entered, we thought it important to report to
‘_|— U1 the Court and to ensure that the parties and the Court have a common understanding of the
N status of the matter. To this end, defendants’ counsel have collaborated in drafting this letter
,1, dj and consent to its submission to the Court without prejudice to the rights of any party, including,
g but not limited to, the right of any party to ask the Court to reinstate the action prior to the
in U completion ofthe arbitration. _
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N Case 3:03-cv-01042-RNC Document 15 Filed 06/21/2005 Page 2 of 2
i Hon. Ftobert N. Chatigny
7 June 17, 2005
i Page 2
If Your Honor has any question or concern or would want copies of any of the previous
arbitral awards submitted for review or placed on the record, we would be happy to provide any
requested information or documents. If Your Honor is satisfied by this submission, then we ,
would request an acknowledgment by the Court. lf Your Honor determines from this letter or `
any further information the parties may provide that the action should be reinstated now, then
we are ready to do that. l
Thank you for your consideration. E
. Respectfully submitted,
Eaton & Van W' LLP
Ted G. Semaya
cc.: Jack A. Greenbaum, Esq.
Healy & Baillie, LLP
Attorneys for Defendants
Enclosures: 1. Order entered February 22, 2005
2. Sixth Award dated May 20, 2005 {
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