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Shagang Shipping Co. Limited v. HNA Group Co., Ltd.

United States District Court, W.D. Washington, Seattle

March 24, 2017

SHAGANG SHIPPING COMPANY LIMITED IN LIQUIDATION, Plaintiff,
v.
HNA GROUP CO., LTD., HNA HOLDING GROUP CO. LIMITED f/k/a HNA INTERNATIONAL INVESTMENT HOLDINGS LIMITED, HNA PLATEAU GOLF LLC, HNA WASHINGTON NATIONAL GOLF LLC, HNA NEWCASTLE GOLF LLC, HNA INDIAN SUMMER GOLF LLC, HNA TROPHY LAKE GOLF LLC, HNA REDMOND RIDGE LLC, HNA HARBOUR POINTE LLC, and ABC GOLF, LLC, Defendants.

          [PROPOSED] ORDER GRANTING ISSUANCE OF WRIT OF ATTACHMENT PURSUANT TO SAR RULE B AND LAR 115 (C) AND GARNISHMENT AND DIRECTING CLERK TO ENTER PROCESS

          THE HONORABLE RICHARD A. JONES, UNITED STATES DISTRICT JUDGE

         THIS DAY THIS COURT considered the Verified Complaint and Exhibits filed by Plaintiff, Shagang Shipping Company Limited (In Liquidation) (“Plaintiff”), seeking the issuance of process of maritime attachment and garnishment pursuant to Rule B of the Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure (“Supplemental Rule B”) and LAR 115 of the Local Admiralty Rules for the Western District of Washington (“LAR”), and the Plaintiff's Verified Motion supported by the Declaration of Garrett S. Garfield of Holland & Knight LLP, the Declaration of Katie Matison of Lane Powell, PC, and appended exhibits, this Court, upon consideration of the same, FINDS:

         THAT the conditions for Plaintiff's action under SAR Rule B appear to exist. According to the Verified Complaint: “(1) Plaintiff has a valid prima facie admiralty claim against the defendant[s]; (2) defendant[s] cannot be found within the district; (3) property of the defendant[s] can be found within the district; and (4) there is no statutory or maritime law bar to the attachment.” Equatorial Marine Fuel Mgmt. Servs. Pte Ltd. v. MISC Berhad, 591 F.3d 1208, 1210 (9th Cir. 2010).

         THAT Plaintiff seeks to attach real property belonging to Defendants pursuant to SAR Rule B and LAR 115 to execute on its Judgment on a maritime claim.

         THAT Plaintiff has asserted sufficient facts in its Complaint to establish a reasonable probability that it will prevail in its alter ego claim of liability against Defendants and for piercing the corporate veil between HNA Group and the other Defendants.

         THAT after due consideration and review, this Court has determined that Plaintiff is entitled to a writ of attachment against the Defendants' property in the District, which should be issued ex parte.

         IT IS THEREFORE ORDERED that the United States District Court Clerk (the “Clerk”), shall promptly issue process of attachment and writ of garnishment pursuant to Supplemental Rule B as prayed for in the Verified Complaint in the amount of U.S.$68, 597, 049.59, plus interest and costs, against 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, including, inter alia, the following properties:

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

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