Amstrong Marine, Inc. v. M/V ARCTIC SOLUTION, O.N. 1235128 et al

Filing 7

JDR ORDER granting Motion 5 to Hold Process in Abeyance. Order signed by Judge John D. Roberts (JAM, Chambers Staff)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

ARMSTRONG MARINE, INC.,
Plaintiff,
vs.

Case No. 3:11-cv-00222-JWS-JDR
ORDER GRANTING MOTION FOR
ORDER HOLDING PROCESS IN
ABEYANCE

M/V ARCTIC SOLUTION, o/n
1235128, In Rem, et al.,

(Docket No. 5)

Defendants.

The Plaintiff, Armstrong Marine, Inc., by and through counsel filed a Motion
for Order Holding Process in Abeyance at Docket 5 and an accompanying Memorandum
at Docket 6. No response or opposition was filed. The Court has reviewed the Motion and
Memorandum.
The Court hereby finds that Plaintiff, having filed a verified Complaint in this
Court against the defendant vessel M/V ARCTIC SOLUTION, official number 1235128,
upon an admiralty and maritime claim for enforcement of a necessaries lien, praying for an
in rem warrant of arrest of said vessel and her appurtenances, and the court having
reviewed the said verified Complaint and the motion for order holding process in abeyance
and the court finding that Plaintiff has shown by a preponderance of the evidence the
probably validity of its maritime lien against the vessel,

IT IS HEREBY ORDERED:
That the Clerk of Court is authorized (upon filing of the appropriate motions)
to issue an in rem warrant for said vessel, and the issuance of said process shall be held
in abeyance under Supplemental Rule E(3)(b) and Local Admiralty Rule (e)-5(a) until the
party seeking issuance of process files a written request. The 120-day period of Federal
Rule of Civil Procedure Rule 4(m) will not begin to run until the process is actually issued
by the Clerk of Court.

DATED this

5th

day of December, 2011, at Anchorage, Alaska.
/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge

11-cv-222-JWS-JDR Amstrong Marine @5 Order Granting Motion for Order Holding Process in Abeyance_mtd_mtd.wpd

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