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Shagang Shipping Company Limited v. HNA Group Co., Ltd., 2:17-cv-00464. (2017)

Court: District Court, D. Washington Number: infdco20170424783 Visitors: 2
Filed: Mar. 24, 2017
Latest Update: Mar. 24, 2017
Summary: IN ADMIRALTY [ PROPOSED ] WRIT OF ATTACHMENT AND GARNISHMENT PURSUANT TO SAR RULE B AND LAR 115 RICHARD A. JONES , District Judge . TO THE DESIGNATED PROCESS SERVER: WHEREAS a Verified Complaint has been filed in the United States District Court for the Western District of Washington on March 22, 2017 by Shagang Shipping Company Limited (in Liquidation) ("Plaintiff") against HNA Group Co. Limited ("HNA"), HNA Holding Group Co. Limited f/k/a HNA International Investment Holdings Limit
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IN ADMIRALTY

[PROPOSED] WRIT OF ATTACHMENT AND GARNISHMENT PURSUANT TO SAR RULE B AND LAR 115

TO THE DESIGNATED PROCESS SERVER:

WHEREAS a Verified Complaint has been filed in the United States District Court for the Western District of Washington on March 22, 2017 by Shagang Shipping Company Limited (in Liquidation) ("Plaintiff") against HNA Group Co. Limited ("HNA"), HNA Holding Group Co. Limited f/k/a HNA International Investment Holdings Limited ("HNA Holding"), HNA Washington National Golf LLC ("HNA Washington"), HNA Plateau Golf LLC ("HNA Plateau"), HNA Newcastle Golf LLC ("HNA Newcastle"), HNA Indian Summer Golf, LLC ("HNA Indian"), HNA Trophy Lake Golf LLC ("HNA Trophy"), HNA Redmond Ridge LLC ("HNA Redmond"), HNA Harbour Pointe LLC ("HNA Harbour"), and ABC GOLF, LLC ("ABC") (HNA Plateau, HNA Washington, HNA Newcastle, HNA Indian, HNA Trophy, HNA Redmond, HNA Harbour, and ABC will be collectively referred to herein as the "LLC Defendants") (all defendants will be referred to collectively herein as "Defendants"), in a certain action for breach of a maritime contract wherein it is alleged that there is due and owing from Defendants to Plaintiff the amount of U.S.D. $68,597,049.59, plus interest and costs, and praying for process of maritime attachment and garnishment against the Defendants, and for the attachment of the tangible and intangible property of said Defendants;

NOW, THEREFORE, we do hereby empower and strictly charge and command you, the said designated process server, to cite and admonish the said Defendants, if it shall be found in your district, to appear before the said District Court, at the U.S. District Courthouse for the Western District of Washington that you attach the all goods, chattel, credits, letters of credit, bills of lading, debts, effects and monies, funds, credits, accounts, brokerage accounts, letters of credit, freights, sub-freights, charter hire, sub-charter hire, or any other tangible or intangible property belonging to, claimed by, owed to, being held for or on behalf or otherwise for the benefit of the Defendants, or otherwise moving through or within the possession, custody, care or control of such entities as may be served with this Order and Process, including but not limited to:

(a) 2 courses at The Golf Club at Newcastle, 15500 Six Penny Lane, Newcastle, WA 98059 (new nominal owner: HNA Newcastle); (b) The Washington National Golf Club, 14330 SE Husky Way, Auburn, WA 98092 (new nominal owner: HNA Washington); (c) The Golf Club at Redmond Ridge, 11825 Trilogy Parkway NE, Redmond, WA 98053 (new nominal owner: HNA Redmond); (d) Trophy Lake Golf & Casting, 3900 SW Lake Flora Road, Port Orchard, WA 98092 (new nominal owner: HNA Trophy); (e) Harbour Pointe Golf Club, 11817 Harbour Pointe Boulevard, Mukilteo, WA 98275 (new nominal owner: HNA Harbour); (f) 2 courses at Golf Club at Hawks Prairie: 9051 46th Avenue NE, Lacey, WA 98516 (new nominal owner: ABC); (g) The Plateau Club, 25625 East Plateau Drive, Sammamish, WA 98074 (new nominal owner: HNA Plateau); and (h) Indian Summer Golf & Country Club: 5900 Troon Lane, Olympia, WA 98501 (new nominal owner: HNA Indian).

You are also directed to notify the said garnishee that

1. A foreign attachment has been commenced against the Defendants; 2. The garnishee(s) are required to file in the office of the Clerk of the United States District Court for the Western District of Washington within twenty (20) days from the service of this Writ, a report, under oath, setting forth in detail all debts owing by the garnishee(s) to the Defendants in the possession, custody or control of the garnishee(s) or to which the garnishee(s) holds legal title; all property which is held by the garnishee(s) as fiduciary in which the Defendants have any interest; and whether any property attached is immune or exempt from attachment; and 3. The garnishee(s) are enjoined from paying any debt to or for the account of Defendants, and from delivering any property owned by the Defendants to or for the account of the Defendants or otherwise disposing thereof; 4. The garnishee(s) are required to promptly forward to Defendants, by any form of mail requiring a return receipt, a copy of this Writ, a copy of the Verified Complaint, and a copy of the Summons.

If the property of the Defendants is found in the possession of anyone not a garnishee, you are directed to notify him that he has been added as a garnishee, is directed to file a report, and is enjoined as above stated.

Garnishee may, pursuant to Supplemental Rule B(3)(a) for Admiralty or Maritime Claims and Asset Forfeiture Actions, deposit any property, including charter hire payments owed to any Defendant, into the registry of the court.

Amount of Plaintiff's claim: U.S.D. $68,597,049.59, plus interest and costs, including estimated interest.

Source:  Leagle

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