Case 1:24-cv-00941 Document 1 Filed 04/01/24 Page 1 of 6

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLANDNORTHERN DIVISIONIn the Matter of the PetitionofGRACE OCEAN PRIVATE LIMITED, asOwner of the M/V DALI,andDocket No. ___________IN ADMIRALTYSYNERGY MARINE PTE LTD, as Managerof the M/V DALI,for Exoneration from or Limitation ofLiability.
PETITION FOR EXONERATION FROM OR LIMITATION OF LIABILITYPetitioners, through undersigned counsel DUANE MORRIS LLP and BLANK ROME
LLP, hereby file this Petition for Exoneration from or Limitation of Liability. Petitioners allege
upon information and belief as follows:1.

This is a case of admiralty and maritime jurisdiction, and Petitioners assert anadmiralty and maritime claim within the meaning of Rule 9(h) of the Federal Rules of Civil
Procedure.
2.

Venue is proper in this District pursuant to Rule F(9) of the Supplemental Rules forAdmiralty or Maritime Claims of the Federal Rules of Civil Procedure (the “Supplemental Rules”)
because the vessel that is the subject of this action is presently located within this judicial District.
3.

Petitioner GRACE OCEAN PRIVATE LIMITED (“Owner”) is a corporation

organized and existing under the laws of Singapore with its registered office in Singapore. Owner
was at all relevant times the registered owner of the M/V DALI (IMO No. 9697428) (the “Vessel”).

Case 1:24-cv-00941 Document 1 Filed 04/01/24 Page 2 of 64.

Petitioner SYNERGY MARINE PTE LTD (“Synergy”) is a corporation organizedand existing under the laws of Singapore with its registered office in Singapore. At all relevanttimes, Synergy was the manager of the Vessel pursuant to an Agreement for Marine Services withOwner. Under the Agreement, Synergy was responsible for, among other things, manning andvictualing the Vessel, procuring and providing deck, engine, and cabin stores, maintenance andrepairs for hull and machinery, providing spare parts, maintenance and repairs for the Vessel, andcommunicating with Owner and the Vessel’s time charterers. At all relevant times, Synergy had
substantial control of and exercised dominion over the Vessel.
5.

The Vessel is a containership of 95,128 gross metric tons, registered under the lawsof Singapore. The Vessel was built in 2015, and has a length overall of 299.92 meters, a molded
breadth of 48.2 meters, and a molded depth of 24.80 meters.
6.

The Francis Scott Key Bridge (“Key Bridge”) was a 1.6-mile span over thePatapsco River at the outer crossing of the Baltimore Harbor. It is owned by the Maryland
Transportation Authority. The Key Bridge was completed in 1977 and made up part of Interstate
695, also known as the Baltimore Beltway.
7.

On March 26, 2024, the Vessel commenced a voyage from Baltimore, Maryland,bound for Colombo, Sri Lanka, with an ultimate destination of Yantian, China. The Vessel had acargo of 4679 containers.
8.

At or about 00:40 local time on March 26, 2024, the Vessel left berth at the Port ofBaltimore with two tugs alongside and a pilot onboard, as is the requisite procedure in the Port ofBaltimore. At or about 00:55 local time, the aft tug cast off from the Vessel. At or about 00:57
local time, the Vessel turned to port. At or about 01:08 local time, the forward tug cast off fromthe Vessel.

2Case 1:24-cv-00941 Document 1 Filed 04/01/24 Page 3 of 6

9.

The Vessel entered the shipping channel at or about 01:08 local time and washeading 141 degrees true. Approximately seven to ten (7-10) minutes later, the Vessel experienced
a loss of power and propulsion in the shipping channel. The Vessel made efforts to regain power,
which occurred briefly, but power was lost a second time shortly thereafter. The Vessel drifted to
starboard, then dropped anchor in response to the loss of power and propulsion.
10.

At or about 01:28 local time on March 26, 2024, the Vessel allided with the Key

Bridge (the “Casualty”).
11.

As a result of the Casualty, portions of the Key Bridge collapsed and were damaged.

The Vessel and certain cargo aboard also sustained damage.
12.

Prior to the Casualty, eight (8) construction workers were on the bridge. Two (2)of these workers reportedly suffered injuries, two (2) died, and, at present, four (4) are missing but
presumed dead following the Casualty.
13.

The Casualty was not due to any fault, neglect, or want of care on the part ofPetitioners, the Vessel, or any persons or entities for whose acts Petitioners may be responsible.
14.

Alternatively, if any such faults caused or contributed to the Casualty, or to any loss

or damage arising out of the Casualty, which is denied, such faults were occasioned and occurred
without Petitioners’ privity or knowledge.
15.

The sound value of the Vessel at the time of the voyage did not exceed $90,000,000.

16.

Substantial investigation of the damage to the Vessel as a result of the Casualty is

ongoing; however, repair costs are presently estimated to be at least $28,000,000.
17.

Salvage of the Vessel is ongoing; however, salvage costs are presently estimated tobe at least $19,500,000.

3Case 1:24-cv-00941 Document 1 Filed 04/01/24 Page 4 of 6

18.

Accordingly, the value of the Vessel at the termination of the voyage is presently

estimated to be approximately $42,500,000.
19.

There was pending freight in connection with the voyage of approximate ly$1,170,000.
20.

Subject to an express reservation of rights, Petitioners offer an Interim Stipulatio nof Value in the amount of $43,670,000 (i.e., sound value of the vessel plus pending freight lessrepair costs and salvage costs). Petitioners’ Interim Stipulation is being filed herewith. The value
in the Interim Stipulation is expected to be substantially less than the amount that has been or will
be claimed for any losses or damages arising out of the Casualty. Petitioners will file an amended
stipulation for value once the repair and salvage costs are finally determined.
21.

Petitioners are aware of potential demands or claims against them and/or the Vessel

arising out of the Casualty. The identity of all such potential claimants and the amounts of theirclaims have not yet been fully determined.
22.

This Petition is timely filed.

23.

Petitioners claim exoneration from liability for any and all losses or damage arisingout of the Casualty and from any and all claims for damages that have been or may be filed.
Petitioners further allege that they have valid defenses to any and all such claims.
24.

Petitioners alternatively claim the benefits of limitation of liability provided by 46

U.S.C. §§ 30501, et seq., as supplemented and amended (the “Limitation Act”). To that end,
Petitioners are ready and willing to give a stipulation with sufficient surety for the payment into
the Court of the value of the Vessel and its pending freight, and for costs, as provided for by theLimitation Act, Rule F of the Supplemental Rules, and the rules and practices of this Court.
WHEREFORE, Petitioners pray:4

Case 1:24-cv-00941 Document 1 Filed 04/01/24 Page 5 of 6(a)That this Court issue an order directing Petitioners to file their Interim Stipulatio n,

for the payment into the Court for the benefit of claimants, concerning the value of the Vessel andits pending freight in connection with the voyage with interest at the rate of 6% per annum fromthe date of said security, or whenever the Court shall so order, such stipulation to be subject toCourt approval;(b)That this Court issue an order directing the issuance of a notice to all persons

asserting claims with respect to which this Petition seeks exoneration from or limitation of liability,
admonishing them to file their respective claims with the Clerk of this Court and to serve a copyof such claims upon Petitioners’ attorneys on or before a date to be named in the notice;(c)That this Court issue an order enjoining the commencement of or further

prosecution of any claims or causes of action against Petitioners except in this action;(d)That this Court determine that Petitioners are not liable for any loss or damage

arising out of the Casualty;(e)

In the alternative, if the Court determines that Owner and/or Synergy is liable, thatsuch liability be limited to the value of the Vessel and its pending freight in connection with thevoyage, and that Petitioner(s) be discharged therefrom upon the surrender of such interest, and thatthe money surrendered, paid, or secured to be paid be divided pro-rata among the claimants thatare successful in proving their claims, reserving to all parties any priorities to which they may belegally entitled, and that a decree may be entered discharging Petitioner(s) from all further liability;and(f)That the Court may grant such other and further relief as the justice of the cause

may require.

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Dated: April 1, 2024______/s/____________________DUANE MORRIS LLP
Robert B. Hopkins (Bar No. 06017)
rbhopkins@duanemorris.com
Laurie G. Furshman (Bar No. 29604)
Lgfurshman@duanemorris.com
100 International Drive, Suite 700
Baltimore, MD 21202(410) 949-2900
BLANK ROME LLP
William R. Bennett III*
William.Bennett@blankrome.com
Thomas H. Belknap, Jr.*
Thomas.Belknap@blankrome.com
Kierstan L. Carlson*
Kierstan.Carlson@blankrome.com
1825 Eye St. NW
Washington, DC 20006
202-420-2200
Counsel for Petitioners
SEWARD & KISSEL LLP
Bruce G. Paulsen (not admitted in Maryland)Paulsen@sewkis.com
One Battery Park PlazaNew York, NY 10004
Of Counsel for Synergy Marine Pte Ltd*Applications for admission pro hac viceforthcoming6