Glander Int'l Bunkering Inc. v. M/V Teresa

ADDITIONAL CASES E.N. Bisso & Son, Inc., Intervening Plaintiff, v. M/V Teresa (IMO 9175016), in rem, Barge Bg Acadia (O.N. 1049252), in rem, and Unico Marine Services LLC, in personam, Defendants JMB Shipping ATB 284, LLC, JMB Shipping ATB 220, and JMB Shipping ATB 205, Intervening Plaintiffs, v. Unico Marine Services LLC, in personam, Defendant

DECISION & ORDER On December 16, 2021, JMB Shipping ATB 284, LLC, JMB SHIPPING, ATB 220, LLC, and JMB Shipping ATB 205, LLC (collectively, “JMB Shipping”) intervened in this action to obtain security for their claims against Unico Marine for breach of bareboat charter party agreements in a pending arbitration. That same day, the Court issued a writ of attachment on behalf of JMB Shipping against the M/V TERESA and Barge ACADIA, which Defendant Unico Marine Services, LLC (“Unico Marine”) moved to vacate. On January 14, 2022, Unico Marine also moved for this Court to order the interlocutory private sale of the TERESA and ACADIA. The Court held a hearing pursuant to Supplemental Rule E(4)(f) on February 8, 2022. For the reasons discussed below, Defendant’s motion to vacate is GRANTED, and Defendant’s motion for interlocutory sale is GRANTED in part and DENIED in part. BACKGROUND 1. Plaintiff Glander International Bunkering Inc. Plaintiff Glander is engaged in the business of selling and supplying marine fuel and other supplies. See generally Glander Compl., ECF No. 1. Defendant Vessels, M/V TERESA and Barge ACADIA, form a Liberian-flagged tug and barge combination. Defendant Unico Marine is in the marine transportation business and is the registered owner of the TERESA and ACADIA, which are currently located within the Eastern District of New York. According to JMB Shipping, Unico Marine does not own any property other than the TERESA and ACADIA. Davis Decl. 19, ECF No. 40. On December 9, 2021, Glander filed a Complaint against Defendant M/V TERESA, in rem, for breach of maritime contract and to enforce maritime liens pursuant to 46 U.S.C. §31342.¹ See Glander Compl. 6. According to the Complaint, Glander provided marine fuel to the M/V TERESA on the order of the owner, Unico Marine. Id. Glander alleges Unico Marine failed to pay $599,635.74 for marine fuel, late charges, and interest. See id.