All Star Marine Towing, LLP v. Barge CM9B et al

Filing 31

ORDER GRANTING 29 Joint Motion for Release of Vessels as set out. The vessels are to be released from arrest & Writs of Discharge for the Vessels CM9B, ATM1001B, SEI2002BF, JSB306, CIA147, AR801, AR816 & the MAC254B are to be immediately issued & served by the USM upon any substitute custodian appointed by the Court as set out. The portion of the 29 Joint Stipulation of Dismissal & Request for Release of Vessel seeking dismissal of the action has been referred to the Chief District Judge. Signed by Magistrate Judge Katherine P. Nelson on 6/19/09. (3 cert. copies hand-delivered to USM on 6/19/09) (tot) (Additional attachment(s) added on 6/22/2009: # 1 USM Confirmation of Delivery) (tot).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ALL STAR MARINE TOWING, LLP, Plaintiff, vs. BARGES CM9B, ATM1001B, SEI2002BF, JSB306, JSB304, CIA147, AR801, AR816, MAC254B, CGB340 and CGB148, Defendants. ) ) ) ) ) ) ) ORDER This matter is before the Court on the Joint Motion for Release of Vessels (doc. 29) 1filed by plaintiff, All Star Marine Towing, LLP, and Bulldog Sand & Gravel, Inc., as claimant and owner, or bareboat charterer of the vessels, Barges CM9B, ATM1001B, SEI2002BF, JSB306, JSB304, CIA147, AR801, AR816, MAC254B, CGB340, and CGB148, and their hulls, tackle, gear, appurtenances and accessories of whatever nature belonging thereto. Upon consideration, the parties' joint request for release of the vessels is GRANTED as follows: The vessels are to be released from arrest and Writs of Discharge for the Vessels CM9B, ATM1001B, SEI2002BF, JSB306, CIA147, AR801, AR816, and the MAC254B are to be immediately issued and served by the United States Marshal upon any substitute custodian CIVIL ACTION NO. 09-278-CG-N IN REM

The parties' document is entitled "Joint Stipulation of Dismissal and Request for Release of Vessels" and states, in part, that "all claims in this case have been resolved and settled and are to be dismissed, with prejudice...." The portion of the document seeking dismissal of the action has been referred to the Chief District Judge.

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appointed by the Court and upon the Vessels. DATED this 19th day of June, 2009.

/s/ Katherine P. Nelson KATHERINE P. NELSON UNITED STATES MAGISTRATE JUDGE