Case 2:21-cv-01798-ILRL-MBN Document 1 Filed 09/29/21 Page 1 of 7
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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF LOUISIANA
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`CIVIL ACTION NO.:
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`JUDGE:
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`MAGISTRATE:
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`CARGILL, INCORPORATED
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`Plaintiff
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`VERSUS
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`M/V XING HE HAI,
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`COSCO SHIPPING (USA) INC.,
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`OCEAN KONG SHIPPING, LTD.,
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`FORTUNE OCEAN SHIPPING LTD.,
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`SHANGHAI OCEANFRATE SHIP
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`MANAGEMENT CO. LTD.,
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`ULTRABULK A/S,
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`MINSHENG ZHI XIN SHIPPING
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`LEASING CO LTD.,
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`STX PAN OCEAN CO., LTD., and
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`COMERGE SHIPPING
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`(HONG KONG) CO.
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`Defendants
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`COMPLAINT TO ENFORCE MARITIME LIEN
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`Plaintiff, Cargo Carriers, a business of Cargill, Incorporated (hereinafter “Cargill”), for
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`its Complaint respectfully represents:
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`Description of Action
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`1.
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`This is an action against M/V Xing He Hai, in rem, and COSCO Shipping (USA), Inc.,
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`Ocean Kong Shipping, Ltd., Shanghai Oceanfrate Ship Management Co. Ltd., Fortune Ocean
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`Shipping Ltd., Ultrabulk A/S, Minsheng Zhi Xin Shipping Leasing Co Ltd., STX Pan Ocean Co.,
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`{00741203.DOCX;1}
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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF LOUISIANA
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`CIVIL ACTION NO.:
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`JUDGE:
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`MAGISTRATE:
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`CARGILL, INCORPORATED
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`Plaintiff
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`VERSUS
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`M/V XING HE HAI,
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`COSCO SHIPPING (USA) INC.,
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`OCEAN KONG SHIPPING, LTD.,
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`FORTUNE OCEAN SHIPPING LTD.,
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`SHANGHAI OCEANFRATE SHIP
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`MANAGEMENT CO. LTD.,
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`ULTRABULK A/S,
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`MINSHENG ZHI XIN SHIPPING
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`LEASING CO LTD.,
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`STX PAN OCEAN CO., LTD., and
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`COMERGE SHIPPING
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`(HONG KONG) CO.
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`Defendants
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`COMPLAINT TO ENFORCE MARITIME LIEN
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`Plaintiff, Cargo Carriers, a business of Cargill, Incorporated (hereinafter “Cargill”), for
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`its Complaint respectfully represents:
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`Description of Action
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`1.
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`This is an action against M/V Xing He Hai, in rem, and COSCO Shipping (USA), Inc.,
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`Ocean Kong Shipping, Ltd., Shanghai Oceanfrate Ship Management Co. Ltd., Fortune Ocean
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`Shipping Ltd., Ultrabulk A/S, Minsheng Zhi Xin Shipping Leasing Co Ltd., STX Pan Ocean Co.,
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`{00741203.DOCX;1}
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`Case 2:21-cv-01798-ILRL-MBN Document 1 Filed 09/29/21 Page 2 of 7
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`Ltd., and Comerge Shipping (Hong Kong) Co., in personam, in a cause of action for damage
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`caused to Cargill refusing to load cargo.
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`The Parties
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`2.
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`Plaintiff, Cargill, Incorporated, is a foreign corporation organized under the laws of the
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`State of Delaware with its principal place of business in Minnesota.
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`3.
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`The vessel, “M/V Xing He Hai”, bearing IMO: 9746035, MMSI 477510800 is owned by
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`Ocean Kong Shipping, Ltd., Minsheng Zhi Xin Shipping Leasing Co Ltd., Fortune Ocean
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`Shipping Ltd., and/or COSCO Shipping (USA), Inc. and was doing business in Louisiana.
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`4.
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`Defendants, COSCO Shipping (USA), Inc., Minsheng Zhi Xin Shipping Leasing Co Ltd.,
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`Fortune Ocean Shipping Ltd., and/or Ocean Kong Shipping, Ltd., were, at all material times
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`herein, the registered owner(s) of the M/V Xing He Hai.
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`5.
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`Defendant, Fortune Ocean Shipping Ltd. was the commercial manager in addition to
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`being the beneficial owner of the M/V Xing He Hai.
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`5.
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` Defendant, Shanghai Oceanfrate Ship Management Co. Ltd, is the technical manager of
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`the M/V Xing He Hai.
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`{00741203.DOCX;1}
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`Case 2:21-cv-01798-ILRL-MBN Document 1 Filed 09/29/21 Page 3 of 7
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`6.
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`Defendant, Ultrabulk A/S, was the commercial operator of the M/V Xing He Hai.
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`7.
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`Defendant, STX Pan Ocean Co., Ltd., a foreign corporation, was at all material times a
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`time charterer of the M/V Xing He Hai.
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`8.
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`Defendant, Comerge Shipping (Hong Kong) Co., Ltd, a foreign corporation was at all
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`material times a charterer of the M/V Xing He Hai.
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`Jurisdiction and Venue
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`9.
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`This Court has subject matter jurisdiction in this action pursuant to 46 U.S.C. Sec. 30101
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`and 28 U.S.C. Sec. 1333 in that this action is an admiralty and maritime claim within the
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`meaning of Rule 9(h) of the Federal Rules of Civil Procedure and the Supplemental Rules for
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`Certain Admiralty and Maritime Claims.
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`10.
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`Venue is proper in this district in that the vessel is located within this district, as required
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`by Rule C of the Supplemental Rules for Certain Admiralty and Maritime Claims.
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`Factual Allegations
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`11.
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`At all material times herein, Plaintiff, Cargill, Incorporated was set to load grain for
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`Cargill Japan onto the M/V Xing He Hai.
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`{00741203.DOCX;1}
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`Case 2:21-cv-01798-ILRL-MBN Document 1 Filed 09/29/21 Page 4 of 7
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`12.
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`At all material times herein, Defendant, M/V Xing He Hai, was an ocean-going, vessel.
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`The M/V Xing He Hai is currently within the district.
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`13.
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`On or about September 29, 2021, the M/V Xing He Hai was anchored in the Mississippi
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`River within this court’s jurisdiction. The master of the M/V Xing He Hai, under operation of
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`Fortune Ocean Shipping LTD., refused to open its hatches to load Cargill’s grain upon direction
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`of vessel owners. At the time of the incident, Pan Ocean and/or Comerge Shipping (Hong Kong)
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`Co., Ltd had a time charter. Also, at the time of the incident, Cargill had a voyage charter.
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`Cargill failed to receive port funds in advance of calling vessel to buoys and as a result of the
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`vessel’s failure to load there are significant port charges. The amount owed is in excess of
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`$400,000.000.
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`14.
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`The aforementioned failure to load property not caused or contributed to by any fault or
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`neglect on the part of Cargill, but rather was caused or contributed to solely by the fault or
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`neglect of defendants in the following non-exclusive particulars:
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`a. Breach of contract;
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`b. Failure of defendants to load Cargill’s property on the M/V Xing He Hai;
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`c. Failure to pay port funds; and
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`d. Any and all negligence, fault, and/or intentional acts which are to be shown at the trial of
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`this matter.
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`Case 2:21-cv-01798-ILRL-MBN Document 1 Filed 09/29/21 Page 5 of 7
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`15.
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`The foregoing acts of fault or neglect were all done, occasioned, and incurred within the
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`privity and knowledge of all defendants.
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`16.
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`Cargill has suffered damages
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`in excess of FOUR HUNDRED THOUSAND
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`($400,000.00) dollars, as nearly as same can presently be estimated, together with pre-judgment
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`interest and costs.
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`17.
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`By reason of the matters set forth, Cargill is entitled to a preferred maritime lien pursuant
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`to 46 U.S.C. Sec. 31301, et al., against M/V Xing He Hai, her engines, tackle, apparel, furniture,
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`etc., in excess of FOUR HUNDRED THOUSAND ($400,000.00) dollars, as nearly as same can
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`presently be estimated, together with pre-judgment interest and costs.
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`The M/V Xing He Hai is at Wills Point Anchorage between 66.5 and 66.7 of the
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`18.
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`Mississippi River.
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`19.
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`Pursuant to the United States Code, notice of these proceedings must be given to the
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`owner or master of the M/V Xing He Hai, and all persons who have recorded liens with the U.S.
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`Coast Guard, and Cargill requests the Court to order such notification to be made to such persons
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`by certified mail, delivered to their last known address.
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`Case 2:21-cv-01798-ILRL-MBN Document 1 Filed 09/29/21 Page 6 of 7
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`20.
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`All and singular, the premises are true and within the admiralty and maritime jurisdiction
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`of the United States and of this Honorable Court.
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`WHEREFORE, Plaintiff, Cargill, Incorporated, prays that:
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`1. That process in due form of law, according to the course and practice of this Honorable
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`Court, in causes of admiralty and maritime jurisdiction within the meaning of Rule 9(h)
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`of the Federal Rules of Civil Procedure, issue against the M/V Xing He Hai bearing IMO:
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`9746035, MMSI 477510800, its engines, tackle, apparel, furniture, etc., in rem, and all
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`the necessaries thereunto belonging and appertaining, be condemned and sold to pay the
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`demands and claims aforesaid with interest, costs and attorneys’ fees, and to pay any and
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`all other relief as the law and justice may entitle Cargill to receive;
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`2. Process in due form of law issue against M/V Xing He Hai, COSCO Shipping (USA),
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`Inc., Ocean Kong Shipping, Ltd., Shanghai Oceanfrate Ship Management Co. Ltd.,
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`Fortune Ocean Shipping Ltd., Ultrabulk A/S, Minsheng Zhi Xin Shipping Leasing Co
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`Ltd., STX Pan Ocean Co., Ltd., and Comerge Shipping (Hong Kong) Co. citing them to
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`appear and answer the Complaint;
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`3. After due proceedings are had, that there be a judgment entered herein, in favor of Cargill
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`and against defendants, /V Xing He Hai, COSCO Shipping (USA), Inc., Ocean Kong
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`Shipping, Ltd., Shanghai Oceanfrate Ship Management Co. Ltd., Fortune Ocean Shipping
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`Ltd., Ultrabulk A/S, Minsheng Zhi Xin Shipping Leasing Co Ltd., STX Pan Ocean Co.,
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`Ltd., and Comerge Shipping (Hong Kong) Co.; and
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`4. Cargill may have such other and further relief as this Court and justice may deem just and
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`reasonable in the premises.
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`{00741203.DOCX;1}
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`Case 2:21-cv-01798-ILRL-MBN Document 1 Filed 09/29/21 Page 7 of 7
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`Respectfully submitted this 29 day of September, 2021.
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`Respectfully submitted,
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`____________________________________
`VALERIE THENG MATHERNE (#25898)
`JAMES M. MATHERNE (#26155)
`COLIN F. LOZES (#35893)
`STEVEN M. LOZES (#8922)
`COURINGTON, KIEFER, SOMMERS,
`MARULLO & MATHERNE, L.L.C.
`P. O. Box 2350
`New Orleans, LA 70176
`616 Girod Street
`New Orleans, LA 70130
`Telephone: (504) 524-5510
`Facsimile: (504) 524-7887
`Email: vmatherne@courington-law.com
`jmatherne@courington-law.com
`clozes@courington-law.com
`slozes@courington-law.com
`Attorneys for Plaintiff, Cargill, Incorporated
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`{00741203.DOCX;1}
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