This case was last updated from U.S. District Courts on 12/12/2021 at 09:33:44 (UTC).

Freda Navigation Co. v. Oldendorff Carriers GmbH & Co. KG et al

Case Summary

On October 13, 2021, Freda Navigation Co. (“Freda” or “Plaintiff”), represented by Timothy Jay Houseal of Young, Conaway, Stargatt & Taylor LLP, filed a contract lawsuit against Oldendorff Carriers GmbH & Co. KG (“Oldendorff” or “Defendant”) and Garnishees, seeking garnishment and attachment of property for the alleged breach of its maritime contract with Freda, and, despite Freda’s repeated demand, alleged failure to pay its dues. This case was filed in the U.S. District Court in the District of Delaware. 

In the complaint, Plaintiff alleged that, “Freda and Oldendorff on August 5, 2021 entered into a Charter for the use of the Vessel for a voyage with Oldendorff taking the Vessel on charter at Singapore, and then sailing in ballast from Singapore to Brazil, loading a cargo of Brazilian soybeans in bulk for carriage to China. The Charter requires that Oldendorff pay charter hire and other expenses associated with Oldendorff’s Charter for the Vessel.”

Plaintiff further alleged that, “Oldendorff, wrongfully has withheld hire and related charges, which the Charter requires Oldendorff to pay, totaling $120,095.89 which is due and owing under the Charter. Oldendorff wrongly claims that it may deduct the $120,095.89 from the amounts that Oldendorff owes Freda under the Charter, due to an off-hire claim made in respect of the ballast voyage from the Vessel's place of delivery in Singapore to the first load port in Paranagua, Brazil between the dates of August 7, 2021 and September 9, 2021.” “None of Oldendorff’s claims of (i) an offhire claim, or (ii) a breach of charter claim on the basis of Freda’s maintenance obligations, have any grounds.”

Plaintiff also alleged that, “Consequently Oldendorff has no claim that any alleged hull fouling resulted in a loss of time deductible under the Charter or otherwise. Oldendorff has failed to provide any certain and reliable evidence how much (if any at all) time has been lost. Freda puts Oldendorff to strict proof of its claim and specifically Oldendorff’s alleged loss.”

Plaintiff lists out two claims for relief. The first claim is for the breach of Maritime Contract, and the second claim is for Maritime Attachment and Garnishment (Rule B). Plaintiff also alleged that Oldendorff has no claim for alleged breach of maintenance obligations as Freda took appropriate and prompt action when Oldendorff brought to Freda’s attention the allegation of marine growth on the vessel hull.

In the prayer for relief, Plaintiff requested the court that in response to Count I, process of maritime attachment be issued to garnish and attach property of Oldendorff in the amount of at least $230,095.89 in security of Freda’s claims asserted in the Charter arbitration commenced in London. Upon that amount being garnished and attached, the plaintiff further requested this action to be stayed in light of pending arbitration. Further, the plaintiff requested in response to Count II, Process of Maritime Attachment and Garnishment pursuant to Rule B be issued attaching all of Oldendorff’s tangible or intangible property or any other funds held by any garnishee up to the amount of at least the amount demanded herein, to secure Freda’s claims, and that all persons claiming any interest in the same be cited to appear, and, pursuant to Supplemental Rule B, answer the matters alleged in the Verified Complaint.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01446

  • Filing Date:

    10/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Marine

Judge Details

Presiding Judge

Leonard P. Stark

 

Party Details

Plaintiff

Freda Navigation Co.

Defendant

Oldendorff Carriers GmbH & Co. KG

Attorney/Law Firm Details

Plaintiff Attorneys

Timothy Jay Houseal

Attorney at Young, Conaway, Stargatt & Taylor LLP

1000 North King Street

Wilmington, DE 19801

J. Stephen Simms

 

Court Documents

#27

(#27) MOTION for Pro Hac Vice Appearance of Attorney J. Stephen Simms - filed by Freda Navigation Co.. (Houseal, Timothy) (Entered: 10/20/2021)

#26

(#26) NOTICE of Voluntary Dismissal by Freda Navigation Co. as to Garnishees (Houseal, Timothy) (Entered: 10/15/2021)

#25

#24

#10

#9

#8

#7

#6

#5

4 #1

Text of Proposed Order

#4

3 #1

Text of Proposed Order

#3

#2

1 #2

Letter to Clerk of Court

1 #1

Civil Cover Sheet

#1

22 More Documents Available
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Docket Entries

  • 10/21/2021
  • DocketPro Hac Vice Attorney J. Stephen Simms for Freda Navigation Co. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) (Entered: 10/21/2021)

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  • 10/21/2021
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  • DocketSO ORDERED, re #27 MOTION for Pro Hac Vice Appearance of Attorney J. Stephen Simms filed by Freda Navigation Co. Signed by Judge Leonard P. Stark on 10/21/21. (ntl) (Entered: 10/21/2021)

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  • 10/20/2021
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  • Docket(#27) MOTION for Pro Hac Vice Appearance of Attorney J. Stephen Simms - filed by Freda Navigation Co.. (Houseal, Timothy) (Entered: 10/20/2021)

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  • 10/20/2021
  • DocketCase Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (nms) (Entered: 10/20/2021)

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  • 10/15/2021
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  • Docket(#26) NOTICE of Voluntary Dismissal by Freda Navigation Co. as to Garnishees (Houseal, Timothy) (Entered: 10/15/2021)

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  • 10/14/2021
  • DocketRemark: Case Submitted for Routine Judicial Assignment. (srs) (Entered: 10/14/2021)

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  • 10/14/2021
  • DocketWRIT OF GARNISHMENT issued as to Arcelormittal Calvert LLC, Archer-Daniels-Midland Company, Avondale Marine LLC, Dasco Incorporated, GE Renewables North America, LLC, Gavilon Fertilizer, LLC, Great Lakes Minerals, L.L.C., Growmark, Inc., Koch Nitrogen Company, Koch Nitrogen Company, LLC, Kronospan USA LLC, LKAB Minerals Inc., Nordex USA, Inc., Oldendorff America, LTD., Oldendorff Carriers USA, Inc., The David J. Joseph Company, and Waterway AG Inc. AVAILABLE FOR PICK-UP AT CLERK'S OFFICE BETWEEN 8:30AM-4PM. (srs) (Entered: 10/14/2021)

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  • 10/13/2021
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  • Docket(#25) ORDER granting #4 Motion for Writ of Garnishment. Signed by Judge Leonard P. Stark on 10/13/2021. (srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#24) ORDER granting #3 Motion to Process Server. Signed by Judge Leonard P. Stark on 10/13/2021. (srs) (Entered: 10/13/2021)

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  • 10/13/2021
  • DocketRemark: Exit electronic copies to Duty Judge LPS. (srs) (Entered: 10/13/2021)

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13 More Docket Entries
  • 10/13/2021
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  • Docket(#10) APPLICATION for Writ of Maritime Attachment and Garnishment to GE Renewables North America, LLC - Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#9) APPLICATION for Writ of Maritime Attachment and Garnishment to Gavilon Fertilizer, LLC - Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#8) APPLICATION for Writ of Maritime Attachment and Garnishment to Dasco Incorporated - Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#7) APPLICATION for Writ of Maritime Attachment and Garnishment to Avondale Marine LLC - Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#6) APPLICATION for Writ of Maritime Attachment and Garnishment to Archer-Daniels-Midland Company - Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#5) APPLICATION for Writ of Maritime Attachment and Garnishment to Arcelormittal Calvert LLC - filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#4) MOTION and Memorandum for Order for Issue of Process of Maritime Attachment and Garnishment - filed by Freda Navigation Co. (Attachments: #1 Text of Proposed Order)(srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#3) MOTION and Memorandum for Appointment for Service of Process of Maritime Attachment and Garnishment - filed by Freda Navigation Co. (Attachments: #1 Text of Proposed Order)(srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (srs) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#1) VERIFIED COMPLAINT with Request for Issue of Process of Maritime Attachment and Garnishment filed against Oldendorff Carriers GmbH & Co. KG - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3719457.) - filed by Freda Navigation Co. (Attachments: #1 Civil Cover Sheet, #2 Letter to Clerk of Court)(srs) (Entered: 10/13/2021)

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