Opinion
2:21-cv-01670
02-23-2023
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA, STATE NATIONAL INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, ACE AMERICAN INSURANCE COMPANY, SOVEREIGN GENERAL INSURANCE COMPANY, ARCH INSURANCE UK LIMITED, AND CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON SUBSCRIBING TO POLICY NO.'S ENSAM1900387, ENSAM1900206, ENSAM1900393, AND ENSAM1900398, as subrogees of Petrogas Energy Corp. and its related entities, and PETROGAS ENERGY CORP., Plaintiffs, v. M/T LEVANT, in rem; AVANCE LEVANT, LTD c/o AVANCE GAS, LTD, EXMAR SHIP MANAGEMENT NV, M/T LINDSEY FOSS, in rem, M/T GARTH FOSS, in rem, and FOSS MARITIME CO., Defendants. M/T LEVANT, in rem; AVANCE LEVANT, LTD and EXMAR SHIP MANAGEMENT NV, Third-Party Plaintiffs. v. BRIAN HENSHAW, an individual, Third-Party Defendant
Christopher W. Nicoll Elizabeth A. Strunk Nicoll Black & Feig, PLLC Attorneys for Defendants and Third-Party Plaintiffs M/T Levant, in rem Avanc Levant, LTD c/o Avance Gas, LTD., and Exmar Ship Management, NV Alyssa J. Endelman, Brandon T. Brown DENENBERG TUFFLEY, PLLC Attorneys for Plaintiffs Thomas G. Waller Meliha Jusupovic Donald K. McLean Bauer Moynihan & Johnson LLP Attorneys for Third Party Defendant Brian Henshaw Adil A. Siddiki (WA Bar No. 37492) Law Office of James R. Vaughan, P.C Attorneys for Plaintiffs
Christopher W. Nicoll Elizabeth A. Strunk Nicoll Black & Feig, PLLC
Attorneys for Defendants and Third-Party Plaintiffs M/T Levant, in rem Avanc Levant, LTD c/o Avance Gas, LTD., and Exmar Ship Management, NV
Alyssa J. Endelman, Brandon T. Brown DENENBERG TUFFLEY, PLLC
Attorneys for Plaintiffs
Thomas G. Waller Meliha Jusupovic Donald K. McLean Bauer Moynihan & Johnson LLP
Attorneys for Third Party Defendant Brian Henshaw
Adil A. Siddiki (WA Bar No. 37492) Law Office of James R. Vaughan, P.C
Attorneys for Plaintiffs
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Plaintiffs, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA, STATE NATIONAL INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, ACE AMERICAN INSURANCE COMPANY, SOVEREIGN GENERAL INSURANCE COMPANY, ARCH INSURANCE (UK) LIMITED, AND CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON SUBSCRIBING TO POLICY NO.'S ENSAM1900387, ENSAM1900206, ENSAM1900393, and ENSAM1900398, as subrogees of Petrogas Energy Corp. and its related entities, and PETROGAS ENERGY CORP. (hereinafter the “Plaintiffs”), Defendants, M/T Levant, in rem Avance Levant, LTD c/o Avance Gas, LTD., and Exmar Ship Management, NV (hereinafter the “Vessel Interests”), and Third-Party Defendant, Brian Henshaw (“Henshaw”) (collectively, Plaintiffs, Vessel Interests, and Henshaw are referred to as “Parties” as stated herein) jointly stipulate and agree that all claims brought by Plaintiffs against the Vessels Interests in the above-captioned manner are dismissed, with prejudice, on the basis that all such claims have been fully compromised and settled, with all Parties to bear their own costs.
The Court shall retain jurisdiction of this action, specifically the Vessel Interests' third-party claim against Third-Party Defendant, Henshaw, and for purposes of enforcing the Parties' settlement agreement. This Joint Stipulation of Dismissal with Prejudice addresses only claims asserted in this action by Plaintiffs against the Vessel Interests; it does not affect the Vessel Interests' third-party claim against Third-Party Defendant, Henshaw.