Byler v. Alaskan Leader

Filing 96

JDR ORDER Re Motion 74 for Miscellaneous Relief. Renewed motions addressing substitute custodian and in rem arrest of vessel due on or before October 4, 2010. (JAM, Chambers Staff)

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Byler v. Alaskan Leader Doc. 96 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ESTATE OF JERRY L. BYLER, Plaintiff, vs. Case No. 3:10-cv-00055-HRH-JDR ALASKAN LEADER, Official No. 558697, its Engines, Machinery, Appurtenances, etc., In Rem, and ALASKAN ADVENTURE TOURS, INC., In Personam Defendants, CITY AND BOROUGH OF YAKUTAT, Intervenor. ORDER REGARDING MOTION FOR MISCELLANEOUS RELIEF Docket 74 The Estate of Jerry L. Byler ("Estate"), Alaskan Adventure Tours, Inc. ("AAT"), and the City and Borough of Yakutat ("CBY"), have extensively briefed the issues relating to the Estate's filing at Docket 74 for Miscellaneous Relief and the court has heard argument from the parties at the August 23, 2010 hearing. Prior to the entry of the court's order regarding the issues surrounding the arrest of the vessel, however, the court must first have direction on how to consider the issues of an arrest and substitute custodian appointment on the case considering the Order entered at Docket 95 Creating an Interim Receivership to Lease and/or Operate the Vessel involved in the current case. The terms of the Interim Receivership allow, among other things, for the vessel M/V GULF COAST RESPONDER, formerly known as the M/V SOUND ADVENTURE to operate in the Gulf. The Receivership also allows for the M/V ALASKAN LEADER to obtain charters and or be leased. The Estate is directed to file any renewed motions for Arrest and Appointment of a Substitute Custodian, which include direction to the court on how the case should proceed considering the terms of the Receivership, by close of business on October 4, 2010. DATED this 20th day of September, 2010, at Anchorage, Alaska. /s/ John D. Roberts JOHN D. ROBERTS United States Magistrate Judge 10-cv-055-HRH-JDR Order @74 re Issue of Arrest and Substitute Custodian_mtd.wpd 2

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