_, 

IN THE lJNITED STATES DISTRICT COURT 

FOR THE EASTER.~ DISTRICT OF PENNSYLVANIA 

In rePetition ofFRESCATI SHIPPING ) 

CO:MPANY, LTD, as Owner ofthe MIT ) 

ATHOS I and TSAKOS SHIPPING & ) 

TRADING, S A, as Manager ofthe MIT ) 

A THOS I, for Exoneration from or ) 

Limitation of Liability ) 

) 

) 

~ITED STATES OF AMERICA, ) 

Plaintiff, ) 

v ) 

CITGO ASPHALT REFINING ) 

CO:MP ANY, et al. ) 

Defendants ) 

) 

) 

CIVIL ACTIO~ No 05-cv-305 (JPF) 

CIVIL ACTION No 08-CV-2898 (JPF) 

CONSOLIDATED 

STIPULATION REGARDING RECALCULATION OF USA DAMAGES 

A:SD PREJUDGMENT INTEREST AND AMENDMENTS TO FINAL ORDER 

IT IS HEREBY STIPULATED A."\;D AGREED between the undersigned counsel for the 

United States of America, plaintiff in Civil Action No 08-CV-2898, counsel for Frescati 

Shipping Company, Ltd and Tsakos Shipping and Trading S A ("Frescati"), plaintiffs in Civil 

Action No 05-CV-305, and counsel for CITGO Asphalt Refining Company, CITGO Petroleum 

Corp and CIT GO East Coast Oil Corp (collectively, "CITGO"), defendants in both consolidated 

civil actions, following the March 29, 2018 Judgment ofthe United States Court of Appeals for 

the Third Circuit, that: 

I. The recalculated judgment amount in favor of the Cnited States of America and 

against CITGO is $87,989,157 32, plus recalculated prejudgment interest of 

$9,240,319 96, for a total judgment of$97,229,477 28 

PBH536911 1 

Case 2:05-cv-00305-JHS Document 904 Filed 07/17/18 Page 1 of 7
2 The post-judgment interest on the judgment in favor of the Gnited States of America 

and against CITGO under 28 C.S C. § 1961 accrues on the total judgment of 

$97,229,477 28 from August 17, 2016, at the rate of 0.56% applicable as of that 

date 

3 The words "and negligence" should be removed from paragraph 2 of the Court's 

Final Order (Doc 888) entered on August 17, 2016 because the United States Court 

of Appeals for the Third Circuit vacated the Court's ruling in favor of Frescati on its 

negligence claim. 

4 The stipulating parties propose that the District Court enter an Amended Final Order 

reflecting this stipulation, in the form attached as Exhibit A 

5. The stipulating parties further reserve all their rights to pursue certiorari review in 

the Supreme Court ofthe United States ofthe .March 29, 2018 Judgment ofthe U.S 

Court of Appeals and the Amended Final Order of the District Court The time 

period within which the parties may petition the United States Supreme Court for 

certiorari is not extended as a result of the entry of the Amended Final Order of the 

District Court 

By _hLS~hen G_ElynL _ 

Stephen G Flynn (SGF- 8075) 

Assistant Director Admiralty 

Sarah S Keast 

Trial Attorney 

Torts Branch, Civil Division 

Department of Justice 

P 0 Box 14271 

Washington, DC 20044-4271 

AUorneys for United States of 

America 

PBH536911 I 

2 

Respectfully submitted, 

By _ Is/Richard Q. WbelaQ __ 

Richard Q Whelan 

Frank P DeGiulio 

PALMER BIEZUP & IIENDERSON LLP 

620 Chestnut Street 

956 Public Ledger Building 

Philadelphia, PA 19106-3409 

Telephone· (215) 625-9900 

AUorneys for L'/TGO Defendants 

Case 2:05-cv-00305-JHS Document 904 Filed 07/17/18 Page 2 of 7
.. 

By _ Is! John L l&yy_ __ 

Alfred J. Kuiller 

John J Levy 

Timothy J Bergere 

MONTGOMERY, McCRACKE~, 

WALKER & RHOADES, LLP 

123 South Broad Street 

Philadelphia, PA 19109-1029 

(215) 772-1500 

Attorneys for Plaintiffs 

Frescati Shipping Company 

Tsakos Trading, S.A 

PBH536911. I 

By _Is/Derek A Walk~---­

Derek A Walker 

J Dwight LeBlanc, Jr 

CHAFFE McCALL, L L P. 

23 00 Energy Centre 

1100 Poydras Street 

1\ew Orleans, LA 70163-2300 

Telephone (504) 585-7000 

Attorneys for Defendants, CITGO 

Asphalt Refining Company, CITGO 

Petroleum Corporation and CITGO 

East Coast Oil Corporation 

SO STIPULATED: 

THIS 13th DAY OF JULY, 2018. 

APPROVED ..J"""'l'"'( l 7/ ~ fl 

~OMSKY,J- -----

3 

Case 2:05-cv-00305-JHS Document 904 Filed 07/17/18 Page 3 of 7
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PE~~SYLVANIA 

) 

In rePetition ofFRESCATI SHIPPING ) 

COMPAA'Y, LTD, as Owner ofthe MIT) 

ATHOS I, and TSAKOS SHIPPING & ) 

TRADING, S A, as Manager of the MIT) 

A THOS I, for Exoneration from or ) 

Limitation of Liability ) 

---- ----------~ 

UNITED STATES OF AMERICA, 

Plaintiff, 

v 

CITGO ASPHALT REFINING 

COMPA~Y, et al. 

) 

) 

) 

) 

) 

) 

Defendants. ) 

_______________ ) 

CIVIL ACTIO~ No 05-cv-305 (JHS) 

CO~SOLIDA TED 

CIVIL ACTIO}'; No 08-cv-2898 (JHS) 

AMENDED FINAL ORDER 

AND NOW, this __ day of _______ _ , 20 18, in accordance with the Opinion 

ofthe Court issued on July 25, 2016 (Doc No 872), the Court's Preliminary Order dated July 25, 2016 

(Doc No 874), the letter of counsel dated August 17, 2016 regarding the agreed upon amount of 

prejudgment interest (Doc. No 885), this Court's Final Order (Doc No 888), the March 29, 2018 

Judgment of the L'nited States Court of Appeals for the Third Circuit, and the Stipulation regarding the 

Recalculation of the Damages and Prejudgment Interest (Doc No ) between counsel for the United 

States of America, counsel for Frescati Shipping Company, Ltd and Tsakos Shipping and Trading S.A. 

("Frescati") and counsel for CITGO Asphalt Refining Company, CITGO Petroleum Corp and CITGO 

East Coast Oil Corporation ("CITGO") in Civil Action No 08-CV-2898; 

IT IS ORDERED that. 

EXHIBIT 

I \\A'' 

Case 2:05-cv-00305-JHS Document 904 Filed 07/17/18 Page 4 of 7
Paragraph I of the Court's previous Final Order (Doc No 888), entered on August 17, 2016 

is hereby amended to remove the words "and negligence" because the United States Court of Appeals for 

the Third Circuit vacated the Court's ruling in favor ofFrescati on its negligence claim. 

2 Paragraph 2 of the Court's previous Final Order (Doc No 888), entered on August 

17, 2016 is hereby amended to recalculate the amount of the judgment and interest in favor of the United 

States of America as follows. 

"On the Government's subrogation claim for breach of the contractual safe berth warranty in 

which the Government seeks reimbursement by CITGO Asphalt Refining Company, CITGO 

Petroleum Corporation and CITGO East Coast Oil Corporation for the funds paid from the Oil 

Spill Liability Trust Fund to Frescati, Judgment is entered in favor of the Government and 

against CITGO Asphalt Refining Company, CITGO Petroleum Corporation and CITGO East 

Coast Oil Corporation, jointly and severally, in the amount of $87,989,157.32, plus 

prejudgment interest in the amount of $9,240,319 96, for a total judgment of$97,229,477.28 

Post-judgment interest under 28 U S C § 196 I accrues on the total judgment from August 17, 

2016 at the post-judgment interest rate applicable as ofthat date, which is 0.56%" 

3 In all other respects, the Final order (Doc 888) remains unchanged and the Supersedeas 

Bonds (Docs 892 and 893), Rider to Supersedeas Bond (Doc 901), and Consent Order (Doc 891) shall 

remain in full force and effect 

BY THE COURT: 

JOEL H. SLOMSKY 

Case 2:05-cv-00305-JHS Document 904 Filed 07/17/18 Page 5 of 7
I~ THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

In rePetition ofFRESCATI SHIPPING 

COMPA~ry, LTD, as Ownerofthe M!T) 

ATHOS I, and TSAKOS SHIPPING & 

TRADING, SA, as Manager ofthe MIT) 

) 

) 

) 

A THOS I, for Exoneration from or ) 

Limitation of Liability ) 

_________________ ) 

CNITED STATES OF AMERICA, ) 

Plaintiff, ) 

v 

CIT GO ASPHALT REFI~ING 

COMPAI\l', et al. 

) 

) 

) 

) 

Defendants ) 

--------------___ ) 

CIVIL ACTIO:"J No. 05-cv-305 (JHS) 

CONSOLIDATED 

CIVIL ACTION ~o. 08-cv-2898 (JHS) 

AMENDED FINAL ORDER 

AND NOW, this L1-!j_ day of __ :J"'-~[~+--- , 2018, in accordance with the Opinion 

ofthe Court issued on July 25, 2016 (Doc No 872), the Court's Preliminary Order dated July 25, 2016 

(Doc No 874), the letter of counsel dated August 17, 2016 regarding the agreed upon amount of 

prejudgment interest (Doc No 885), this Court's Final Order (Doc. No. 888), the March 29, 2018 

Judgment of the united States Court of Appeals for the Third Circuit, and the Stipulation regarding the 

Recalculation of the Damages and Prejudgment Interest (Doc No ) between counsel for the United 

States of America, counsel for Frescati Shipping Company, Ltd. and Tsakos Shipping and Trading SA 

("Frescati") and counsel for CITGO Asphalt Refining Company, CITGO Petroleum Corp and CITGO 

East Coast Oil Corporation ("CITGO") in Civil Action No 08-CV -2898; 

IT IS ORDERED that 

Case 2:05-cv-00305-JHS Document 904 Filed 07/17/18 Page 6 of 7
1 Paragraph 1 of the Court's previous Final Order (Doc No 888), entered on August 17, 2016 

is hereby amended to remove the words "and negligence" because the United States Court of Appeals for 

the Third Circuit vacated the Court's ruling in favor ofFrescati on its negligence claim 

2 Paragraph 2 of the Court's previous Final Order (Doc No 888), entered on August 

17, 2016 is hereby amended to recalculate the amount of the judgment and interest in favor of the United 

States of America as follows· 

"On the Government's subrogation claim for breach of the contractual safe berth warranty in 

which the Government seeks reimbursement by CITGO Asphalt Refining Company, CITGO 

Petroleum Corporation and CIT GO East Coast Oil Corporation for the funds paid from the Oil 

Spill Liability Trust Fund to Frescati, Judgment is entered in favor of the Government and 

against CITGO Asphalt Refining Company, CITGO Petroleum Corporation and CITGO East 

Coast Oil Corporation, jointly and severally, in the amount of $87,989,157 32, plus 

prejudgment interest in the amount of $9,240,319.96, for a total judgment of$97,229,477.28. 

Post-judgment interest under 28 u S.C § 1961 accrues on the total judgment from August 17, 

2016 at the post-judgment interest rate applicable as ofthat date, which is 0.56%" 

3 In all other respects, the Final order (Doc 888) remains unchanged and the Supersedeas 

Bonds (Docs 892 and 893), Rider to Supersedeas Bond (Doc 901), and Consent Order (Doc 891) shall 

remain in full force and effect 

BY THE COURT: 

lo::.s~ 

Case 2:05-cv-00305-JHS Document 904 Filed 07/17/18 Page 7 of 7