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Ktb Oil Corporation v. M/V Cielo Di Tokyo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 10, 2012

KTB OIL CORPORATION,
PLAINTIFF,
v.
M/V CIELO DI TOKYO, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

JOHN D. GIFFIN, CASB No. 89608 john.giffin@kyl.com JENNIFER M. PORTER, CASB No. 261508 jennifer.porter@kyl.com KEESAL, YOUNG & LOGAN A Professional Corporation 450 Pacific Avenue San Francisco, California 94133 Telephone: (415) 398-6000 Facsimile: (415) 981-0136 Attorneys for Specially Appearing Party SK SHIPPING CO., LTD.

STIPULATION FOR EXTENSION OF TIME TO FILE A RESPONSE TO THE COMPLAINT; ORDER

IT IS HEREBY STIPULATED AND REQUESTED BY THE PARTIES that Specially-Appearing Party, SK SHIPPING CO., LTD. ("SK Shipping") be granted a thirty (30) day extension by which to respond to the Complaint filed by Plaintiff KTB OIL CORPORATION ("Plaintiff") on the following grounds:

1. On July 11, 2012 , Plaintiff commenced this immediate Action claiming damages in the amount of US$158,766.16 and seeking a warrant for arrest of SK Shipping's vessel, M/V CIELO DI TOKYO ("Vessel") in the Eastern District of California;

2. On July 12, 2012, the Vessel was arrested pursuant to the Court's warrant for arrest while at the Port of Stockton, California.

3. On July 13, 2012, the parties entered an Escrow Agreement by which SK Shipping deposited US$215,000.00 in the Court's Registry, allowing for the immediate release of the Vessel.

4. The parties are currently engaging in informal discovery in an effort to resolve this matter without the aid of the Court. The Plaintiff has requested certain documentation, which will be necessary to achieve a commercial resolution of this matter, from the physical supplier of the fuel oil in New Jersey. Upon receipt of those documents, the parties will continue to negotiate settlement.

5. SK Shipping, however, is required to respond to the Complaint by September 7, 2012.

6. Whereas, good cause exists to extend SK Shipping's time to respond to the Complaint as the parties are actively negotiating a resolution of this lawsuit. Such an extension would allow the parties further time to locate and exchange essential evidence regarding the bunker fuel and allow the parties to continue settlement negotiations rather than engage in lengthy and expensive motion practice by which SK Shipping intends to challenge the propriety of the arrest of the Vessel and counterclaim against KTB for damages arising from the delivery of off-spec bunkers to the ship. Accordingly, the parties agree that the interests of judicial economy would be served by extending SK Shipping's time to respond to Plaintiff's Complaint by thirty (30) days.

Based on the foregoing, the parties have agreed to and request a Court Order for an extension to October 5, 2012 by which SK Shipping must respond to the Complaint.

ORDER

IT IS SO ORDERED.

20120910

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