UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

IN ADMIRALTY 

CASE NO.: 

Peninsula Petroleum Limited, 

 Plaintiff, 

v. 

Aum Scrap and Metals Waste Trading LLC 

 Defendant, 

and 

Aum Metals LLC, 

 Garnishee.

VERIFIED ORIGINAL COMPLAINT WITH REQUEST FOR 

ISSUE OF PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT 

 Plaintiff Peninsula Petroleum Limited (“Peninsula“) brings this action against Aum Scrap 

and Metals Waste Trading LLC (“Aum Scrap”), pursuant to Supplemental Admiralty and 

Maritime Rule B for issue of a writ of maritime attachment and garnishment, and states as 

follows: 

Jurisdiction and Venue

1. This is a case of admiralty and maritime jurisdiction pursuant to 28 U.S.C. § 1333 

and is an admiralty and maritime claim within the meaning of Rule 9(h) of the Federal Rules of 

Civil Procedure. 

2. Venue is proper in this District because the Garnishees named herein are located 

and can be found in this District. Defendant cannot be found in this District within the meaning 

of Supplemental Rule B. 

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The Parties 

3. Peninsula is a duly organized and existing corporation under the laws of Ireland, 

with their principal place of business at Dublin. Peninsula is a leading physical distributor of 

marine fuel (“Bunkers”) and lubricant supplies. 

4. Aum Scrap is a Dubai, UAE corporation. At all times relevant, Aum Scrap 

ordered Bunkers from Peninsula for various vessels it had under charter, which Peninsula 

provided to those vessels. 

 5. Garnishee Aum Metals LLC is an entity registered to do business, and with one or 

more agents or officers authorized to accept service of process, in this District. On information 

and belief, the Garnishee holds property in which Aum Scrap has an interest. 

Facts 

6. Aum Scrap, as charterer and/or manager of the M/V SATIRA, M/V SEASTAR 

TRADITION, and M/V CS CANDY (the “Vessels”), ordered Bunkers for the Vessels from 

Peninsula, which Peninsula provided to the Vessels according to Peninsula’s Terms and 

Conditions of Sale. 

7. Peninsula invoiced Aum Scrap as follows for the Bunkers provided: 

Vessel Invoice Amount Delivery Date Due Date

CS SATIRA 684,569.30 06/09/2022 07/09/2022

SEASTAR TRADITION 593,155.50 07/08/2022 07/29/2022

CS CANDY 778,152.51 07/28/2022 08/18/2022

8. On or about July 10, 2022, Aum Scrap remitted payment in the amount of 

$683,968.30 against the invoice for the CS SATIRA, leaving an unpaid balance of $601.00. The 

aggregate principal balance due from Aum Scrap to Peninsula is $1,371,909.01. 

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9. Pursuant to Peninsula’s Terms and Conditions of Sale, for any payments not made 

when due, interest shall accrue at the rate of two (2) per cent per thirty (30) day period, and pro 

rata for any part thereof. To date, $20,729.26 in interest has accrued on the balance due. 

10. Additionally, pursuant to Peninsula’s Terms and Conditions of Sale, Aum Scrap 

is liable for attorneys’ fees and costs associated with collection of unpaid balances. 

11. Despite repeated demands for payment, Aum Scrap has failed to pay for the 

invoiced Bunkers and is in breached of its contracts with Peninsula. 

12. Aum Scrap is liable to Peninsula in the amount of $1,392,638.27, plus attorneys’ 

fees and costs of $20,000.00, and interest to the date of payment. 

Count I – Breach of Maritime Contract

13. Peninsula incorporates the above paragraphs as if fully set forth herein. 

14. Aum Scrap has breached its maritime contracts with Peninsula as set out more 

fully above. 

15. Despite repeated demand, Peninsula remains unpaid for the amounts due as a 

result of Aum Scrap’s breach of maritime contracts. 

16. Peninsula demands judgment against Aum Scrap as set forth more fully below. 

Count II – Maritime Attachment and Garnishment (Rule B) 

17. Peninsula incorporates the above paragraphs as if fully set forth herein. 

18. Peninsula seeks issue of process of maritime attachment so that it may obtain 

security for its claims against Aum Scrap and ultimately payment of those claims from the 

security. 

19. No security for Peninsula’s claim has been posted by Aum Scrap, or anyone 

acting on Aum Scrap’s behalf. 

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20. Aum Scrap cannot cannot be found within this district within the meaning of Rule 

B, but is believed to have, or will have during the pendency of this action, property and/or assets 

in this jurisdiction, namely, accounts owing from Garnishee to Aum Scrap. 

WHEREFORE, Peninsula prays: 

A. That process in due form of law issue against Aum Scrap, citing Aum Scrap to 

appear and answer under oath each and every one of the matters alleged in the 

Verified Complaint; 

B. That since Aum Scrap cannot be found within this District pursuant to Rule B, 

this Court issue an Order directing the Clerk of Court to issue Process of Maritime 

Attachment and Garnishment pursuant to Rule B attaching all of Aum Scrap’s 

tangible or intangible property or any other funds held by any Garnishee, which 

are due and owing to Aum Scrap, up to the amount of at least $1,412,638.27

(principal damages of at least $1,371,909.01, $20,729.26 for interest, and 

$20,000.00 for costs and attorneys’ fees) to secure Plaintiff’s claims, and that all 

persons claiming any interest in the same be cited to appear and, pursuant to Rule 

B, answer the matters alleged in the Verified Complaint; 

C. That this Court enter judgment against Aum Scrap in favor of Peninsula, in the 

principal amount set out above, interest, costs and attorneys’ fees; 

 D. That as provided in Supplemental Rule B, that such person over 18 years of age 

 be appointed as moved for herein pursuant to Supplemental Rule B and Fed. R. 

 Civ. P. 4(c) to serve process of Maritime Attachment and Garnishment in this 

 action; 

C. That Plaintiff may be granted such other, further, and different relief as may be 

just and proper. 

Dated: September 9, 2022. 

BLANCK & COOPER, P.A. 

 5730 S.W. 74th Street, Suite #700 

 Miami, Florida 33143 

 Phone: (305) 663-0177 

 Facsimile: (305) 663-0146 

 

BY:_____//S//Jonathan S. Cooper, Esq. 

Jonathan S. Cooper, Esq. 

Florida Bar Number: 99376 

Email: jcooper@shiplawusa.com 

/s/ J. Stephen Simms 

J. Stephen Simms 

(pro hac vice motion to be filed) 

Simms Showers LLP 

201 International Circle, Suite 230 

Baltimore, Maryland 21030 

Telephone: (410) 783-5795 

Facsimile: (410) 510-1789 

jssimms@simmsshowers.com 

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BY: //S// Robert W. Blanck, Esq. 

Robert W. Blanck, Esq. 

Florida Bar Number: 311367 

Email: rblanck@shiplawusa.com

Counsel to Peninsula Petroleum Limited 

VERIFICATION 

I am a Principal of the law firm Simms Showers LLP, counsel to Plaintiff. 

The facts alleged in the foregoing complaint are true and correct to the best of my 

knowledge and information based upon the records of Plaintiff made available to me by Plaintiff. 

Authorized officers of Plaintiff are not readily available in this District to make verifications on 

Plaintiff’s behalf. I am authorized to make this verification on Plaintiff’s behalf. 

I further certify that, pursuant to Supplemental Rule B, I caused a search to be made of 

electronic records and Directory Assistance for addresses and telephone numbers in this District 

and also for any corporate registration of defendant in the State of Florida. There is no record of 

any general or resident agent authorized to accept service of process for Defendant in this 

District. 

Pursuant to 28 U.S.C. § 1746(1), I solemnly declare 

under penalty of perjury that the foregoing is true 

and correct. 

Executed on September 9, 2022. 

 /s/ J. Stephen Simms 

J. Stephen Simms 

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