Holmberg v. MISS ANNA, Official No. 592952 et al

Filing 45

JDR ORDER GRANTING STIPULATED MOTION FOR RELEASE OF VESSEL MISS ANNA. The Vessel MISS ANNA shall be and hereby is released from further arrest by this Court. All custodial funds deposited with the Court by the plaintiff, and not expended by the U.S. Marshal, shall be refunded to plaintiff. Signed by Judge John D. Roberts on 5/16/2012. cc:finance/USM(JAM, Chambers Staff)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

FRED HOLMBERG

Case No. 3:11-cv-00056-JWS-JDR

Plaintiff,
vs.
MISS ANNA, Official No. 592952, its
Engines, Machinery, Appurtenances,
etc., In Rem, and JOHN P.
GARDNER, In Personam,

ORDER GRANTING STIPULATED
MOTION FOR RELEASE OF
VESSEL MISS ANNA FROM
ARREST
(Docket No. 42)

Defendants.
The parties filed a Stipulated Motion for Dismissal and Release of Vessel from
Arrest at Docket 42.

The Magistrate Judge filed a Recommendation at Docket 43

recommending the assigned District Court Judge approve the Stipulation regarding
dismissal. Judge Sedwick entered an order dismissing the In Personam claims with
prejudice and the In Rem claims without prejudice at Docket 44.

Therein, Judge

Sedwick also directed the Magistrate Judge to address the release of the Vessel.
Based upon the Stipulation of the Parties filed herewith,
IT IS HEREBY ORDERED that the Vessel MISS ANNA, Official No. 592952,
shall be released from arrest and custody by the United States Marshal. Upon receipt

of this order, the United States Marshal for the District of Alaska is ordered to
immediately direct the release of the vessel from the substitute custodian. The Vessel
MISS ANNA shall be and hereby is released from further arrest by this Court. All
custodial funds deposited with the Court by the plaintiff, and not expended by the U.S.
Marshal, shall be refunded to plaintiff.

Dated this

16th

of May, 2012 at Anchorage, Alaska.

/s/ John D. Roberts
John D. Roberts
UNITED STATES MAGISTRATE JUDGE