In re Joseph Marusak

Filing 11

MINUTES (IN CHAMBERS) CLAIM FOR MERCHANT SEAMAN'S PERSONAL EFFECTS by Judge Christina A. Snyder: On 2/21/2013, merchant mariner Joseph Marusak was lost at sea while crewing the container ship APL Philippines. APL Maritime Ltd., the owner of the APL Philippines, lodged Mr. Marusak's personal effects with this Court on 3/20/2013 4 . APL Maritime also deposited Mr. Marusak's unpaid wages in the amount of $2,871.09. On 11/6/2013, Gabriela Trhac filed a claim for Mr. Marusak' ;s personal effects 6 . After reviewing the papers submitted in this matter, the Court finds that Ms. Trhac is the "legal representative of the seaman" for purposes of 46 U.S.C. Section 10709(b), and accordingly orders that Mr. Marusak's effects and unpaid wages be released to Ms. Trhac. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:13-cv-01493-CAS(JEMx)

Title

JS-6

IN RE: JOSEPH MARUSAK

Present: The Honorable

Date

February 4, 2014

Not Present
Court Reporter / Recorder

N/A
Tape No.

CHRISTINA A. SNYDER

Catherine M. Jeang
Deputy Clerk
Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers:) CLAIM FOR MERCHANT SEAMAN’S
PERSONAL EFFECTS (dkt. 6, filed November 6, 2013)

The Court finds this motion appropriate for decision without oral argument. Fed.
R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of February 10, 2014, is
vacated, and the matter is hereby taken under submission.
On February 21, 2013, merchant mariner Joseph Marusak was lost at sea while
crewing the container ship APL Philippines. Dkt. 1 ¶¶ 1-3. Pursuant to 46 U.S.C. §
10701, et seq., APL Maritime Ltd., the owner of the APL Philippines, lodged Mr.
Marusak’s personal effects with this Court on March 20, 2013. Dkt. 4. APL Maritime
also deposited Mr. Marusak’s unpaid wages in the amount of $2,871.09. Id.
On November 6, 2013, Gabriela Trhac filed a claim for Mr. Marusak’s personal
effects. Ms. Trhac states that she is Mr. Marusak’s sister, and also has power of attorney
on behalf of her and Mr. Marusak’s parents, the legal beneficiaries of Mr. Marusak’s
estate. Trhac Decl. ¶¶ 3, 6, 8. Ms. Trhac also represents that she knows of no other
person with a claim to Mr. Marusak’s effects and unpaid wages. Id. ¶ 9. On January 21,
2014, APL Maritime filed a notice that it did not oppose Ms. Trhac’s claim, and that it
also was not aware of any other claimant to Mr. Marusak’s effects and wages. Dkt. 10.
After reviewing the papers submitted in this matter, the Court finds that Ms. Trhac
is the “legal representative of the seaman” for purposes of 46 U.S.C. § 10709(b), and
accordingly orders that Mr. Marusak’s effects and unpaid wages be released to Ms.
Trhac.
IT IS SO ORDERED.
00
Initials of the Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

00

CMJ
Page 1 of 2