STIPULATION TO CONTINUE
HEARING ON MOTION TO DISMISS;
IT IS HEREBY STIPULATED AND REQUESTED BY THE PARTIES, Specially-Appearing Party, SK SHIPPING CO., LTD. ("SK Shipping"), on behalf of in rem Defendant M/V CIELO DI TOKYO and Plaintiff KTB OIL CORPORATION ("Plaintiff"), that the hearing on Defendant's Motion to Dismiss Verified Complaint and to Vacate Maritime Arrest ("Motion to Dismiss"), which is presently set for December 13, 2012 be continued to the Court's next presently available hearing date of January 24, 2013, on the following grounds:
1. On October 5, 2012, SK Shipping filed its Motion to Dismiss and requested that the issue be heard by this Court on November 15, 2012;
2. On November 7, 2012, Plaintiff sought an ex parte continuance of the hearing date and requested that the hearing on the Motion to Dismiss be rescheduled for November 29, 2012;
3. On November 14, 2012, the Court, by its own motion, continued the hearing on the Motion to Dismiss to December 13, 2012;
4. As both parties are unable to attend the December 13, 2012 hearing date, counsel for SK Shipping contacted the Court and confirmed that the Court is available to hear the Motion to Dismiss on January 24, 2013;
5. Whereas, good cause exists to continue the hearing date and the parties have mutually agreed to this Court's continuance of the hearing on the Motion to Dismiss to January 24, 2013.
Based on the foregoing, the parties have agreed to and request a Court Order for a continuance of the hearing on the Motion to Dismiss to January 24, 2013.
DATED: December 19, 2012 /s/ Jennifer M. Porter JOHN D. GIFFIN JENNIFER M. PORTER KEESAL, YOUNG & LOGAN Attorneys For Specially Appearing Party SK Shipping Co., Ltd. DATED: December 19, 2012 /s/ Frank C. Brucculeri BRADLEY M. ROSE FRANK C. BRUCCULERI DANIEL BERBERICH KAYE ROSE & PARTNERS, LLP For itself and on behalf of KTB OIL CORPORATION
Accordingly, the Request for Telephonic Appearance is denied as moot. IT IS SO
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