United States v. M/V Cosco Busan
Opinion
Opinion
Conti, J.
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS OR IN THE ALTERNATIVE STAY PROCEEDINGS
I. INTRODUCTION
This matter comes before the Court on the Motion to Dismiss filed by the defendants Regal Stone, Ltd., and Fleet Management, Ltd. (“Defendants”). Docket No. 45. The United States Government (“Government” or “United States”) filed an Opposition and Defendants submitted a Reply. Docket Nos. 56, 62. The defendant John Cota (“Cota”) filed a Joinder In Motion to Dismiss and Stay Proceedings and the Government submitted an Opposition to this Joinder. Docket Nos. 55, 64. For the following reasons, Defendants’ Motion to Dismiss or in the Alternative Stay the Proceedings is DENIED.
II. BACKGROUND
On November 7, 2007, the nine hundred foot-plus cargo ship the COSCO BUSAN hit the Bay Bridge while attempting to sail out of the San Francisco Bay. As a result of this allision, the COSCO BUSAN discharged more than 50,000 gallons of heavy bunker fuel into the bay. The Government subsequently filed an action against the Hong Kong-flagged COSCO BUSAN, the ship’s owner, Regal Stone, the ship’s operator, Fleet Management, and the ship’s pilot, John Cota. Various additional lawsuits were also filed…