Seawolf Tankers Inc. v. Ridgebury Kilo LLC
- Ronnie Abrams
- 1:20-cv-06434
- U.S. District Court · Southern District of New York
- 2
In Seawolf Tankers v. Ridgebury Kilo, Judge Abrams authorized electronic service of maritime attachment papers on DNB Bank ASA.
Seawolf Tankers Inc., Heidmar Inc., and DNB Bank ASA were directly affected. The order also authorized specified agents of Lennon, Murphy & Phillips, LLC, and the United States Marshal to serve the papers.
What happened
Seawolf Tankers Inc. and Heidmar Inc. had obtained orders for maritime attachment and garnishment and for appointment of a special process server. DNB Bank ASA was one of the listed garnishees.
The plaintiffs said their process server had served DNB Bank ASA’s service agent, CT Corporation System, because DNB was not occupying its New York office during the COVID-19 pandemic. They asked to send the attachment papers by email or fax to ensure DNB received and processed them.
Judge Ronnie Abrams granted the request. The order appointed Kevin J. Lennon or another specified agent of Lennon, Murphy & Phillips, LLC, in addition to the U.S. Marshal, to serve DNB Bank ASA by the listed email addresses and fax number.
The detailed version
- Seawolf Tankers Inc. v. Ridgebury Kilo LLC · No. 1:20-cv-06434
- Ronnie Abrams
- Aug. 28, 2020
Background
On August 17, 2020, the Court directed the Clerk of Court to issue a Process of Maritime Attachment and Garnishment and appointed a special process server under Federal Rule of Civil Procedure 4(c). The earlier order stated that, after initial service by the U.S. Marshal or another designated process server on the garnishees, supplemental service of the attachment and garnishment process and the order could be made by fax or another verifiable electronic method, including email.
On August 26, 2020, Seawolf Tankers Inc. and Heidmar Inc. told the Court that their process server had been advised that DNB Bank ASA was not occupying its office at 200 Park Avenue in New York because of COVID-19. The process server instead served DNB’s agent for service of process, CT Corporation System, on August 21, 2020. The plaintiffs said they had not received a response from DNB.
Request and Applicable Authority
The plaintiffs requested authorization to serve DNB Bank ASA by email and/or fax to help ensure that DNB received the process and could promptly process the writ of attachment. The Court cited a prior Southern District of New York decision holding that, after initial personal service, maritime garnishment and attachment process may be served electronically as well as physically under the Federal Supplemental Rules for Admiralty or Maritime Claims.
Ruling
Judge Ronnie Abrams granted the plaintiffs’ letter motion for authorization to serve by email and fax. The Court appointed Kevin J. Lennon, or another partner, associate, paralegal, or agent of Lennon, Murphy & Phillips, LLC, in addition to the United States Marshal, to serve DNB Bank ASA with the Process of Attachment and Garnishment, the Verified Complaint, and any interrogatories. Service was authorized through the two listed email addresses and/or the listed fax number.
The opinion is an order concerning the method and authorized personnel for service on DNB Bank ASA. It does not state a ruling on the underlying claims or the ultimate validity of the attachment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.