Bertling Bulk Services Pte, Ltd. v. Cofco International Freight S.A.

S.D. New York

Bertling Bulk Services Pte, Ltd. v. Cofco International Freight S.A.

DecidedMarch 1, 2024

Docket1:22-cv-06350

StatusUnknown

This text of Bertling Bulk Services Pte, Ltd. v. Cofco International Freight S.A. (Bertling Bulk Services Pte, Ltd. v. Cofco International Freight S.A.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bertling Bulk Services Pte, Ltd. v. Cofco International Freight S.A., (S.D.N.Y. 2024).

Pincite

Opinion

ae Ve HALOS & UO, FLU. | International Law Firm □□ 55 Hamilton Avenue, Oyster Bay, New York 11771 TEL: +1-516-714-4300 * Fax: +1-516-750-9051 * wes: www.chaloslaw.com * EMAIL: info@chaloslaw.co This case is hereby STAYED during the penden the foreign arbitration proceeding. The partie February 29, 2024 directed to file a joint status letter on or befor September 1, 2024, and every six months Via Electronic Filing |nhereafter. So ordered. 3/1/2024 Honorable J. Paul Oetken Thurgood Marshall United States Courthouse Room 2101 40 Foley Square J. PAUL OETKEN New York, New York 10007 United States District Judge Re: _ Bertling Bulk Services, Pte, Ltd. v. Cofco International Freight S.A. Case No. 1:22-CV-06350 (JPO) Dear Judge Oetken — Plaintiff Bertling Bulk Services, Pte, Ltd. (hereinafter “Plaintiff’), by and through undersigned counsel, respectfully submits this Joint Status Report on behalf of Plaintiff and Defendant Cofco International Freight S.A. On February 22, 2024, the Financial Unit Clerk for the Southern District of New York deposited the check for Plaintiffs countersecurity in the amount of $473,167.00 into the Court Registry. A copy of the receipt is enclosed. Arbitration remains ongoing in London. The parties respectfully move this Court to administratively stay the present action during the pendency of the foreign arbitration. See, e.g., Sembawang Shipyard, Ltd. v. Charger, Inc., 955 F.2d 983, 985 (5th Cir. 1992)(citing with approval the district court’s entry of stay of the Rule B attachment action pending arbitration); Cordoba Shipping Co. v. Maro Shipping, Ltd., 494 F. Supp. 183 (D. Conn. 1980) (district court granted stay pending arbitration following attachment of funds pursuant to Rule B order of attachment). The matter shall be subject to reopening by either party, upon a showing of good cause. The parties recommend status reports on the underlying arbitration proceedings be provided to the Court every 180 days. In advance, we thank the Court for its attention and assistance in this matter. Respectfully submitted, Chalos & Co, P.C.

Briton P. Sparkman George M. Chalos

International Law Firm a

ee: Via ECF Peter J. Gutowski, Esq. Counsel for Defendant

ee eee □□□□

U.S. District Court

New York Southern - Manhattan Receipt Date: Feb 22, 2024 3:38PM BERTLING BULK SERVICES PTE, LTD.

Rept. No: 26678 Trans. Date: Feb 22, 2024 3:38PM Cashier ID: #SS cD Purpose Case/Party/Defendant Qty Price Amt . DNYS122CV006350 /001 701 Treasury Registry BERTLING BULK SERVICES PTE, LTD. 1 473167.00 473167.00

cD Tender Amt CH Check #1219 02/22/2024 $473,167.00 Total Due Prior to Payment: $473,167.00 Total Tendered: $473,167.00 Total Cash Received: $0.00 Cash Change Amount: $0.00

Only when the bank clears the check, money order, or verifies credit of funds, is the fee or debt officially paid or discharged. A $53 fee will be charged for a returned check.

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ae Ve HALOS & UO, FLU. | International Law Firm □□ 55 Hamilton Avenue, Oyster Bay, New York 11771 TEL: +1-516-714-4300 * Fax: +1-516-750-9051 * wes: www.chaloslaw.com * EMAIL: info@chaloslaw.co This case is hereby STAYED during the penden the foreign arbitration proceeding. The partie February 29, 2024 directed to file a joint status letter on or befor September 1, 2024, and every six months Via Electronic Filing |nhereafter. So ordered. 3/1/2024 Honorable J. Paul Oetken Thurgood Marshall United States Courthouse Room 2101 40 Foley Square J. PAUL OETKEN New York, New York 10007 United States District Judge Re: _ Bertling Bulk Services, Pte, Ltd. v. Cofco International Freight S.A. Case No. 1:22-CV-06350 (JPO) Dear Judge Oetken — Plaintiff Bertling Bulk Services, Pte, Ltd. (hereinafter “Plaintiff’), by and through undersigned counsel, respectfully submits this Joint Status Report on behalf of Plaintiff and Defendant Cofco International Freight S.A. On February 22, 2024, the Financial Unit Clerk for the Southern District of New York deposited the check for Plaintiffs countersecurity in the amount of $473,167.00 into the Court Registry. A copy of the receipt is enclosed. Arbitration remains ongoing in London. The parties respectfully move this Court to administratively stay the present action during the pendency of the foreign arbitration. See, e.g., Sembawang Shipyard, Ltd. v. Charger, Inc., 955 F.2d 983, 985 (5th Cir. 1992)(citing with approval the district court’s entry of stay of the Rule B attachment action pending arbitration); Cordoba Shipping Co. v. Maro Shipping, Ltd., 494 F. Supp. 183 (D. Conn. 1980) (district court granted stay pending arbitration following attachment of funds pursuant to Rule B order of attachment). The matter shall be subject to reopening by either party, upon a showing of good cause. The parties recommend status reports on the underlying arbitration proceedings be provided to the Court every 180 days. In advance, we thank the Court for its attention and assistance in this matter. Respectfully submitted, Chalos & Co, P.C.