DeOrchis, Wiener 63 Partners, LLP 

Florida Oflice: Attl 

8751 W. Broward BlvJ., Ste. 203 

Ft. Lauderdale, FL 33324 

(954) 652-0100 New 1 

veys ot Low and Proctors in Admiralty 

1 Broadway, 261h Floor 

xk, New York 10006-2802 

New Jersey Ofice: 

1495 Plorrie Avenue 

Union, NJ 07083 

(973) 467-4740 

hadge Richard n/! Berman 

United States District Court 

Southern District of new York 

40 Centre Street, Courtroom 706 

New York, NY 10007 

Re: Zim American Integrated 

Docket no. 07 Civ. 5861 

Our File: 1236-689 

Your Honor, 

Cphone: (212) 344-4700 ~assachuretts ofice: 

csimde: (212) 422-5299 2355 Main Street, P.O. 186 

S. Chatham, MA 02659 

We are attorneys representing ZIM INTEGRATED SHIPPING SERVICES, LTD., in the 

above captioned matter for a Rule B maritime attachment and garnishment. 

We filed yesterday a second complaint for ZIM INTEGRATED SHIPPING SERVICES, 

LTD., SET SHIPPING, LTD., SETH SHIPPING, LTD. and KORON MARITIME, INC., against 

more than one hundred shippers, consignees, assignees or holders of bills of lading for declaratory 

relief in an action which is closely related to the above captioned matter. A courtesy copy of the 

complaint and its exhibits has been handed to Your Honor's chambers yesterday. 

We believe that both actions should be joined for disclosures purposes in order to effectuate 

good administration of justice and that the scheduling conference should be common to both actions. 

We consequently request that the initial pre-trial conference set for July 27, 2007 at 9:30 a.m. 

in the first action 07-cv-5861 be rescheduled to October 18, 2007 so as to allow the numerous 

defendants in the second action residing abroad and in the United States to respond by an answer 

within the time provided under Rule 4(d)(3) (rule relative to waiver of service). 

However, we must inform Your Honor that we have been contacted on July 17 by counsel for 

Belco Resources, Inc. who would like to be heard by Your Honor as soon as possible to move to set 

.gainst its client. 

DOCUMENT 

Case 1:07-cv-05861-RMB-GWG Document 5 Filed 07/23/2007 Page 1 of 4
Judge Richard M. Berman 

July 19, 2007 

Page 2 

We have not yet been contacted by any other defendants' counsels although we have duly 

advised on July 5 all the defendants of the above mentioned pre-trial conference. 

We thank Your Honor for his attention in this matter 

Respectfully Submitted, 

DEORCHIS. WIENER & PARTNERS. LLP 

TO: Via Facsimile: 646-328-0121 and Mail 

William R. Bennett, I11 

Bennett, Giuliano, McDonnelle & Perrone, LLP 

225 West 34" Street 

Suite 402 

New York, New York 10122 

W:\l236889\Corres\berman, judge richard 071907.vmd.doc-npo 

Case 1:07-cv-05861-RMB-GWG Document 5 Filed 07/23/2007 Page 2 of 4
Bennett, Giuliano, McDonnell & Pewone, LLP 

New Jersey Office: 225 West 3dh Street, Suite 402 

201 Littleton Road New York, New York 10122 

P 0 Box513 

Morris Pla~ns, NJ 07950 

Tel. (973) 387-0486 Telephone: (646) 328-01 20 

Telefax: (646) 328-01 21 

www bgrnplaw corn 

July 20,2007 

Judge Richard M. Berman 

United States District Court 

Southern District of New York 

40 Centre Street, Courtroom 706 

New York, New York 10007 

Florida Office: 

661 5 West Boynton Beach Blvd 

No. 351 

Boynton Beach, FL 33437 

Tel. (561) 337-8816 

Fax. (561) 337-4653 

William R. Bennett, Ill, Partner 

wbennett@barnpIaw.com 

Re: Zim American Integrated Shipping Services Ltd. 

v. Belco Resources, Inc. et al. 

Docket No.: 07 Civ. 586 1 (RMB) (GWG) 

Our File: D687 

Dear Judge Berman: 

We represent Belco Resources, Inc. ("Belco"), a defendant in the referenced matter, and 

write to request, for the reasons noted below, that the July 27, 2007 pre-trial conference 

scheduled for 9:30 a.m. not be adjourned at this time. 

Plaintiff has attached funds belonging to Belco that were part of a wire transfer being 

facilitated by Wachovia Bank. It appears that the funds were located in New York at the time. 

However, as a result of the service of the Rule B writ of attachment, Wachovia Bank has 

restrained funds outside the district. The attachment of funds by Wachovia Bank outside the 

district is not permitted under Rule B. We have contacted Wachovia Bank and plaintiffs 

counsel and advised them of this error. To date, Wachovia Bank has not released the accounts 

outside the district and are of the belief that its restraint of funds outside of New York is proper. 

We have asked Wachovia Bank to reconsider its position. Accordingly, we request that the 

conference not be adjourned should we not be able to come to an agreement with Wachovia 

Bank to release the funds and require Court intervention. 

Very fruly yours, 

Case 1:07-cv-05861-RMB-GWG Document 5 Filed 07/23/2007 Page 3 of 4
Judge Richard M. Berman 

July 20,2007 

Part 2 

cc: Via Fax (212) 442-5299 

Vincent DeOrchis, Esq. 

DeOrchis, Weiner & Partners, LLP 

Via Fax (215) 670-6907 

Ms. Elaine Chermak 

Wachovia Bank 

Case 1:07-cv-05861-RMB-GWG Document 5 Filed 07/23/2007 Page 4 of 4