No. 18-1224

NuStar Energy Services, Inc. v. ING Bank N.V., et al.

Lower Court: Second Circuit
Docketed: 2019-03-20
Status: Dismissed
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: authorized-agent cimla commercial-instruments commercial-instruments-and-maritime-liens-act contract-law contract-relationships contractual-relationships federal-maritime-law maritime-law maritime-lien maritime-liens necessaries statutory-interpretation vessel-necessaries vessel-owner vessel-supplies
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether a party that physically supplies a vessel with fuel or other necessaries possesses a statutory maritime lien where the vessel owner or its authorized agent ordered those necessaries and directed the supplier to provide them, regardless of contractual relationships between the vessel owner and intermediate parties

Question Presented (OCR Extract)

QUESTION PRESENTED The Commercial Instruments and Maritime Liens Act, 46 U.S.C. § 31342(a), affords a maritime lien against a vessel to any party that “provides necessaries to a vessel on the order of the owner or a person authorized by the owner.” The question presented is: Whether a party that physically supplies a vessel with fuel or other necessaries possesses a statutory maritime lien where the vessel owner or its authorized agent ordered those necessaries and directed the supplier to provide them, regardless of contractual relationships between the vessel owner and intermediate parties. (i)

Docket Entries

2019-10-17
Petition Dismissed - Rule 46.
2019-09-30
Motion to dismiss under Rule 46.2 filed.
2019-07-10
DISTRIBUTED for Conference of 10/1/2019.
2019-07-09
Reply of petitioner NuStar Energy Services, Inc. filed.
2019-06-24
Brief of respondents ING Bank N.V. and O.W. Bunker USA Inc. in opposition filed.
2019-06-05
Letter of May 29, 2019 from counsel for respondent Nippon Kaisha Line Limited received.
2019-05-30
Letter of May 21, 2019 from counsel for respondent Clearlake Shipping Pte. Ltd, received.
2019-05-14
Motion to extend the time to file a response is granted and the time is extended to and including June 24, 2019, for all respondents.
2019-05-08
Motion to extend the time to file a response from May 24, 2019 to June 24, 2019, submitted to The Clerk.
2019-04-24
Response Requested. (Due May 24, 2019)
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-10
Waiver of right of respondent O.W. Bunker USA, Inc. to respond filed.
2019-04-09
Waiver of right of respondent ING Bank N.V. to respond filed.
2019-04-05
Waiver of right of respondent Clearlake Shipping Pte Ltd. to respond filed.
2019-04-05
Waiver of right of respondent Nippon Kaisha Line Limited to respond filed.
2019-03-18
Petition for a writ of certiorari filed. (Response due April 19, 2019)

Attorneys

Clearlake Shipping Pte Ltd.
James H. HohensteinHolland & Knights, LLP, Respondent
ING Bank N.V.
Bruce G. PaulsenSeward & Kissel, LLP, Respondent
Nippon Kaisha Line Limited
James H. PowerHolland & Knight, LLP, Respondent
NuStar Energy Services, Inc.
Jonathan Saul FranklinNorton Rose Fulbright US, LLP, Petitioner
O.W. Bunker USA, Inc.
Robert Eugene O'ConnorMontgomery McCracken Walker & Rhoads LLP, Respondent