Cape Greig, LLC v. F/V FREEDOM, Official No. 657182 et al
JDR ORDER granting 4 Motion for Substitute Custodian. Signed by Judge John D. Roberts on 6/21/2013. cc: USM (JAM, Chambers Staff)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
CAPE CREIG, LLC,
F/V FREEDOM, Official No. 657182,
its Engines, Machinery,
Appurtenances, etc, In Rem
RONALD SMITH, In Personam,
ORDER GRANTING MOTION
FOR APPOINTMENT OF
SUBSTITUTE CUSTODIAN; FOR
PERMISSION TO MOVE THE
VESSEL, AND FOR BOARDING
(Docket No. 3)
Plaintiff Cape Greig, LLC, by and through their attorney, John E.
Casperson of Holmes Weddle & Barcott, P.C., having appeared, now make the
On June 20, 2013, a complaint herein was filed praying that the
defendant vessel F/V FREEDOM, Official No. 657182, its engines, machinery, and
appurtenances, etc. ("Vessel"), be condemned and sold to pay Plaintiff's claims and
for other proper relief.
In the immediate future, the Clerk of this Court is expected to
issue a warrant for arrest of the Vessel, commanding the United States Marshal for
this District to arrest and take into custody the Vessel and to detain the same in its
custody until further order of this Court respecting same.
It is contemplated that the United States Marshal will seize the
Vessel forthwith. Custody by the United States Marshal requires the services of one
or more keepers at charges substantially in excess of those to be made by the
substitute custodian alone, not including charges for moorage and the other services
usually associated with safekeeping vessels similar to the defendant Vessel.
The Vessel is currently located at Cook Inlet, Alaska. Plaintiff is
agreeable to allow Dustin Clark to assume the responsibility of safekeeping the
Vessel, and Mr. Clark has consented to act as it's custodian until further order of this
Court. Mr. Clark has also consented to move the Vessel from its current location to
Pac Star boat yard in Kenai, Alaska, if necessary to provide for its care and keeping
for security purposes.
Mr. Clark, by certification submitted herewith and made a part
hereof, avers that he can supervise the defendant Vessel at a charge of $20.00 per
day, and that he is the beneficiary of insurance, for damage sustained by third
parties due to negligence committed during custody through the United States
Marshal's office. Further, in said certification substitute custodian accepts, in
accordance with the terms of this order, possession of the defendant Vessel, its
engines, machinery, and appurtenances, etc., which is the subject of the action
In consideration of the United States Marshal's consent to the
appointment of Mr. Clark as substitute custodian, Plaintiff agrees to release the
United States and the United States Marshal from any and all liability and
responsibility arising out of care and custody of the Vessel, from the time the United
States Marshal transfers possession of the Vessel over to said substitute custodian,
and Plaintiff further agrees to hold harmless and indemnify the United States and the
United States Marshal from any and all claims whatsoever arising out of the
substitute custodian's possession and safekeeping.
THEREFORE, IT IS ORDERED that the United States Marshal for the
District of Alaska is authorized, upon seizure of the Vessel, pursuant to Warrant for
Arrest, to surrender the possession thereof to Mr. Clark as substitute custodian
named herein, and that upon such surrender the United States Marshal shall be
discharged from the duties and responsibilities for the safekeeping of the Vessel and
held harmless from any and all claims arising whatever out of said custodial
IT IS FURTHER ORDERED that Mr. Clark is appointed custodian of the
Vessel and shall retain the Vessel in his custody for possession and safekeeping
until further order of this Court and that Mr. Clark may move the Vessel from its
current location to a secure facility, if necessary, to provide additional security and
safekeeping, subject at all times to the order and direction of the custodian. All costs
for such movement and safekeeping shall be paid by Plaintiff, and may, upon further
order of this Court, be deemed administrative costs herein.
IT IS FURTHER ORDERED that the substitute custodian may permit
boarding and inspection of the Vessel by marine surveyors, Plaintiff, and prospective
purchasers in order to protect and preserve the Vessel and to determine the
Vessel's condition and value. All costs of such boardings and inspections shall be
paid by Plaintiff and may, upon further order of this Court, be deemed administrative
costs herein. All persons entering on board the Vessel shall execute a waiver and
release in the form attached hereto.
IT IS FURTHER ORDERED that Plaintiff's attorney serve a copy of this
order on the owner of the Vessel. It is further requested that the Clerk of this Court
deliver three certified copies of this order to the United States Marshal forthwith.
DATED this 21st day of June, 2013, at Anchorage, Alaska.
/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge
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