United States District Court, E.D. Louisiana
NANNETTE JOLIVETTE BROWN UNITED STATES DISTRICT JUDGE.
the Court is Defendant Erikoussa Maritime S.A.'s
(“Erikoussa”) “Motion to Dismiss with
Prejudice and Cancel Rule E(5) Bond.” On February 1,
2018, Plaintiff Swaidan Trading Co. LLC's
(“Plaintiff”) filed an original verified
complaint in this Court against Defendant Dileton Maritime
S.A. (“Dileton”), Androussa Maritime S.A.
(“Androussa”), and Erikoussa, seeking an order
authorizing the maritime attachment of the M/V ERIKOUSSA in
accordance with Supplemental Admiralty Rule B. On February 1,
2018, the Court denied Plaintiff's request for
attachment, reasoning that Plaintiff did not properly allege
a prima facie claim for alter ego liability. On February 2,
2018, Plaintiff filed an original amended verified complaint,
which sought the same remedy as its original verified
complaint, including allegations that Dileton exercised
complete control over Androussa with respect to the
transaction at issue. The same day, the Court ordered attachment
of the M/V ERIKOUSSA. On April 16, 2018, the Court granted
Erikoussa's motion to vacate attachment in part to the
extent that the writ of attachment was vacated.
April 16, 2018, Erikoussa filed the instant motion to dismiss
with prejudice and cancel the Rule E(5) bond. In the motion,
Erikoussa asserts that this matter should be dismissed
because this Court's Order vacating the attachment
establishes that none of defendant's property is present
within this district upon which to find quasi in rem
jurisdiction. Therefore, Erikoussa contends that the
Court does not have subject matter jurisdiction over this
matter. Furthermore, Erikoussa asserts that the
bond it provided to serve as substitute security for the
vessel should be canceled.
April 25, 2018, Plaintiff filed an opposition to the
“Motion to Dismiss with Prejudice and Cancel Rule E(5)
Bond.” In the opposition, Plaintiff contends
that the Court should not grant Erikoussa's motion
“until Plaintiff is afforded the opportunity to request
a say from the Court of Appeals for the Fifth
1, 2018, this Court denied “Plaintiff's Motion for
a Stay Pending Appeal of the April 16, 2018 Order Granting
Defendant's Motion to Vacate” On May 2,
2018, the Fifth Circuit also denied Plaintiff's motion
for a stay pending appeal. Accordingly, because the Fifth
Circuit has denied Plaintiff's motion for a stay pending
appeal, the Court will grant Erikoussa's motion to cancel
the bond and dismiss the case. However, because this is a
dismissal for lack of subject matter jurisdiction, dismissal
should be without prejudice. Accordingly, IT IS
HEREBY ORDERED that the motion is GRANTED IN
PART to the extent the Rule E(5) Special Vessel
Release Bond filed in this matter on February 9, 2018, is
hereby canceled and DENIED IN PART to the
extent that the motion seeks dismissal with prejudice.
IS FURTHER ORDERED that the case is
DISMISSED WITHOUT PREJUDICE.
 Rec. Doc. 39.
 Rec. Doc. 1.
 Rec. Doc. 8 at 2.
 Rec. Doc. 9.
 Rec. Doc. 11.