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United States v. South Harmony Shipping, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Aug 14, 2014
4:14-cv-00883-KAW (N.D. Cal. Aug. 14, 2014)

Opinion

          STUART DELERY, Assistant Attorney General MELINDA L. HAAG, United States Attorney R. MICHAEL UNDERHILL, Attorney in Charge, West Coast Office Torts Branch, Civil Division, U.S. Department of Justice VICKEY L. QUINN, Trial Attorney Torts Branch, Civil Division, U.S. Department of Justice San Francisco, CA Attorneys for Plaintiff United States of America

          MITCHELL S. GRIFFIN COX WOOTTON LERNER GRIFFIN HANSEN & POULOS LLP San Francisco, CA Attorneys for Defendants South Harmony Shipping, Inc. Pioneer Ship Management Service LLC

          RICHARD L. JARASHOW SIDNEY KANAZAWA MCGUIREWOODS LLP New York, NY Attorneys for Defendant SIGCo


          ORDER OF DISMISSAL

          KANDIS A. WESTMORE, Magistrate Judge.

         WHEREFORE, pursuant to the undersigned signatures of the respective counsel for Plaintiff United States and Defendants South Harmony Shipping, Inc., Pioneer Ship Management Service LLC, and Shipowners' Insurance And Guaranty Company, Limited (collectively "Defendants"), all parties represent that they have settled this case, subject to certain reservations of right;

         WHEREFORE, the foregoing reservations of right are specified as follows: the United States expressly reserves, and Defendants expressly acknowledge, the right of the United States to institute proceedings, take to judgment thereon, and collect such judgment(s) thereon as against Defendants with respect to actions and suits to seek and recover Removal Costs and/or Damages resulting from the discharge of oil from the T/V DUBAI STAR on or about October 30, 2009 (the "Incident"), based on claims submitted to or filed hereafter with the Oil Spill Liability Trust Fund ("OSLTF") pursuant to the Oil Pollution Act of 1990 (OPA), 33 U.S.C. §§ 2712(f), (h) and 2713(b). Such reserved claims as aforesaid are limited to claims not known by the United States at the time of the lodging of this Order of Dismissal with the Court. Plaintiff United States represents and warrants that it presently is not aware of any such claims. In the event that such claims subsequently are filed with the OSLTF, Defendants reserve all defenses as to substantive claims pursued in any such proceeding, other than the right of the United States to assert such claims pursuant to the reservations of right stated in this paragraph;

         WHEREFORE, pursuant to the undersigned consents of the respective counsel for the parties, and subject to the reservations of right set forth above,

         IT IS ORDERED that this case shall be, and the same is, hereby dismissed with prejudice pursuant to Fed.R.Civ.P. 41(a)(2), each party to bear its own fees and costs.

         IT IS SO ORDERED.


Summaries of

United States v. South Harmony Shipping, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Aug 14, 2014
4:14-cv-00883-KAW (N.D. Cal. Aug. 14, 2014)
Case details for

United States v. South Harmony Shipping, Inc.

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. SOUTH HARMONY SHIPPING, INC.…

Court:United States District Court, Ninth Circuit, California, N.D. California

Date published: Aug 14, 2014

Citations

4:14-cv-00883-KAW (N.D. Cal. Aug. 14, 2014)