WORLD FUEL SERVICES (SINGAPORE) PTE. LTD. v. M/V BLUE OCEAN, her engines, boilers, tackle, furniture, apparel, appurtenances, etc., in rem

MOTION for Court to Designate Newspaper of General Circulation When Property Not Released Within Ten Days After Execution of Process

S.D. Tex.August 9, 2013

2110825-1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION WORLD FUEL SERVICES § (SINGAPORE) PTE LTD. § § Plaintiff, § § DUFERCO S.A. and § DUFERCO STEEL, INC. § C.A. No. 4:13-cv-01700 § IN ADMIRALTY, Rule 9(h) Intervenors, § Judge David Hittner § V. § § M/V BLUE OCEAN, her engines, § boilers, tackle, furniture, apparel, § appurtenances, etc., in rem § § Defendant. § PLAINTIFF’S MOTION FOR COURT TO DESIGNATE NEWSPAPER OF GENERAL CIRCULATION WHEN PROPERTY NOT RELEASED WITHIN TEN DAYS AFTER EXECUTION OF PROCESS As a warrant of arrest was issued on June 11, 2013, and execution of process on the M/V BLUE OCEAN was effected on June 14, 2013, in No. 4:13-cv-01700, and a Warrant of Arrest was issued and executed on the M/V BLUE OCEAN on June 13, 2013, in No. 4:13-cv-02134 (formerly No. 1:13-cv-00111), and a Motion to Consolidate these actions (Doc. 21) is pending, and the M/V BLUE OCEAN has not been released in accordance with Rule E(5) of the Supplemental Rules of Certain Admiralty and Maritime Claims, Plaintiff World Fuel Services (Singapore) Case 4:13-cv-01700 Document 23 Filed in TXSD on 08/09/13 Page 1 of 4 2110825-1 2 Pte. Ltd., in accordance with Rule C(4) and Rule C(6) of the Supplemental Rules of Certain Admiralty and Maritime Claims, moves this Court to designate The Houston Chronicle as the newspaper of general circulation in this District in which notice of the action and arrest in this matter shall be published, and to direct that the notice involved shall advise all interested parties to file claims within 10 days of the publication and answers within 20 days after claims are filed. A copy of the Notice to Clerk of Publication of Notice of Arrest in Newspaper of General Circulation is annexed as Exhibit A and is incorporated by reference. Case 4:13-cv-01700 Document 23 Filed in TXSD on 08/09/13 Page 2 of 4 2110825-1 3 Respectfully submitted, /s/ Kevin P. Walters Dimitri P. Georgantas Attorney-in-Charge Texas State Bar No. 07805100 Federal I.D. No. 2805 Kevin P. Walters Texas State Bar No. 20818000 Federal I.D. No. 5649 Eugene W. Barr Texas State Bar No. 24059425 Federal I.D. No. 1144784 801 Travis Street, Suite 1910 Houston, Texas 77002 (713) 546-9800 Telephone (713) 546-9806 Facsimile ATTORNEYS FOR PLAINTIFF, WORLD FUEL SERVICES (SINGAPORE) PTE. LTD. OF COUNSEL: CHAFFE McCALL, L.L.P. Case 4:13-cv-01700 Document 23 Filed in TXSD on 08/09/13 Page 3 of 4 2110825-1 4 CERTIFICATE OF SERVICE I hereby certify that on the 9th day of August 2013, I served a true and correct copy of the foregoing Plaintiff’s Motion for Court to Designate Newspaper of General Circulation When Property not Released Within Ten Days After Execution of Process pursuant to Rule 5 of the Federal Rules of Civil Procedure and/or via the CM/ECF Filing System and/or by depositing the same in the United States Mail, postage prepaid and properly addressed to all known counsel of record: F. William Mahley STRASBURGER & PRICE, LLP 909 Fannin Street, Suite 2300 Houston, Texas 77010-1036 bill.mahley@strasburger.com John F. Fay, Jr. FAY, NELSON & FAY, LLC 1100 Poydras Street, Suite 2900 New Orleans, LA 70163 jfay@faynelsonfay.com /s/ Kevin P. Walters Case 4:13-cv-01700 Document 23 Filed in TXSD on 08/09/13 Page 4 of 4