This case was last updated from PACER on 10/14/2021 at 07:31:18 (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.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

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

 

Party Details

Plaintiff

Freda Navigation Co.

Defendant

Oldendorff Carriers GmbH & Co. KG

Garnishees

Waterway AG Inc.

The David J. Joseph Company

Oldendorff Carriers USA, Inc.

Oldendorff America, LTD.

Nordex USA, Inc.

LKAB Minerals Inc.

Kronospan USA LLC

Koch Nitrogen Company

Koch Nitrogen Company, LLC

Growmark, Inc.

Great Lakes Minerals, L.L.C.

GE Renewables North America, LLC

Gavilon Fertilizer, LLC

Dasco Incorporated

Avondale Marine LLC

Archer-Daniels-Midland Company

Arcelormittal Calvert LLC

Attorney/Law Firm Details

Plaintiff Attorney

Timothy Jay Houseal

Attorney at Young, Conaway, Stargatt & Taylor LLP

1000 North King Street

Wilmington, DE 19801

 

Court Documents

#25

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

#24

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

#23

(#23) Summons Issued with Magistrate Consent Notice attached as to Oldendorff Carriers GmbH & Co. KG on 10/13/2021. (srs) (Entered: 10/13/2021)

#22

(#22) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

#21

(#21) APPLICATION for Writ of Maritime Attachment and Garnishment to Waterway AG Inc.- Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

#9

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

#8

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

#7

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

#6

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

#5

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

4 #1

Text of Proposed Order

#4

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

3 #1

Text of Proposed Order

#3

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

#2

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

1 #2

Letter to Clerk of Court

1 #1

Civil Cover Sheet

#1

(#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)

20 More Documents Available
View All Documents

 

Docket Entries

  • 10/13/2021
  • DocketRemark: Case Submitted for Routine Judicial Assignment. (srs) (Entered: 10/13/2021)

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • 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)

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

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

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • Docket(#23) Summons Issued with Magistrate Consent Notice attached as to Oldendorff Carriers GmbH & Co. KG on 10/13/2021. (srs) (Entered: 10/13/2021)

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • Docket(#22) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • Docket(#21) APPLICATION for Writ of Maritime Attachment and Garnishment to Waterway AG Inc.- Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • Docket(#20) APPLICATION for Writ of Maritime Attachment and Garnishment to The David J. Joseph Company - Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • Docket(#19) APPLICATION for Writ of Maritime Attachment and Garnishment to Oldendorff Carriers USA, Inc. - Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • Docket(#18) APPLICATION for Writ of Maritime Attachment and Garnishment to Oldendorff America, LTD. - Filed by Freda Navigation Co. (srs) (Entered: 10/13/2021)

    Read MoreRead Less
7 More Docket Entries
  • 10/13/2021
  • View Court Documents
  • 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)

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

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

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

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • 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)

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

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • 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)

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

    Read MoreRead Less
  • 10/13/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where DAVID J JOSEPH COMPANY is a litigant

Latest cases where GE RENEWABLES NORTH AMERICA, LLC is a litigant

Latest cases where Gavilon Fertilizer, LLC is a litigant

Latest cases where ARCHER DANIELS MIDLAND COMPANY is a litigant