United States District Court, N.D. California
September 22, 2005.
DELTAK, L.L.C., a limited liability company; Plaintiff,
INDUSTRIAL MARITIME CARRIERS WORLDWIDE, a limited liability corporation, in personam; CHEPSTOW SHIPPING CO. LTD., a foreign corporation, in personam; CEC SHIPMANAGEMENT, an entity of unknown form, in personam; and M.V. SEA CRISTOBAL, a.k.a. M.V. CEC CRISTOBAL, her machinery, tackle, and engines, etc., in rem; Defendants.
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
E-FILING NOTICE PURSUANT TO COURT ORDER DATED JUNE 24, 2005 AND
REQUEST TO MODIFY SAME; ORDER THEREON
With respect to the Court's June 24, 2005 order, plaintiff
DELTAK, LLC, hereby certifies that the agreed consideration for
the settlement has not been delivered. The reason for this is
that plaintiff, for internal reasons involving plaintiff and its
underwriters, was not able deliver a signed release to defendants
until September 21, and defendants could not release settlement
funds prior to receiving the signed release on that date. Counsel
for both defendants are out of the office this week, but have
advised plaintiff's counsel by e-mail that payment should be
effected next week (subject to some uncertainty on behalf of
Industrial Maritime Carriers Worldwide, whose offices are in
Houston and facing uncertain effects from Hurricane Rita at the
moment). Therefore, plaintiff respectfully requests, in lieu of
restoration to the Court's calendar, that the ninety-day time
period set forth in the Court's June 24, 2005 order be extended
to 120 days. Though not able to present this in the form of a
stipulation due to shortness of time and absences of counsel,
plaintiff's counsel was able to advise counsel for both
defendants (Mr. Poulos and Mr. Tamulski) by e-mail of the general
nature of this request that would be filed today, and all counsel
are in agreement with the request presented hereby.
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