Kinjo et al v. Champion Shipping AS et al

Filing 17

STIPULATION and ORDER signed by Judge William B. Shubb on 12/31/2009 16 : At the request of the plaintiffs Masao Kinjo and Yoji Mori, and defendant Champion Shipping AS, the owner of the vessel, and good cause appearing, the Court hereby releases th e attachment of the vessel CHAMPION SPIRIT and orders the U.S. Marshals to immediately release that vessel from its custody and to order the substitute custodian off of the vessel. Upon release of the vessel the U.S. Marshals Service, and the substitute custodian shall be discharged from any and all further duties and responsibilities for safekeeping of the vessel. cc: USM-Sac. (Kirksey Smith, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
EMARD DANOFF PORT TAMULSKI & PAETZOLD LLP 49 Stevenson Street Suite 400

EMARD DANOFF PORT TAMULSKI & PAETZOLD LLP James J. Tamulski (State Bar #64880) Eric Danoff (State Bar #60915) 49 Stevenson Street, Suite 400 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] [e-mail] Attorneys for Defendant Champion Shipping AS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA IN ADMIRALTY MASAO KINJO and YOJI MORI, Plaintiffs, vs. CHAMPION SHIPPING AS and CHAMPION TANKERS AS, Defendants. STIPULATED APPLICATION FOR ORDER RELEASING MARITIME ATTACHMENT At the request of plaintiffs Masao Kinjo and Yoji Mori, on December 30, 2009, the Court issued an Order for Issuance of Process of Maritime Attachment. Pursuant to that Order the Clerk of the Court issued a Writ of Maritime Attachment. Pursuant to the Order and the Writ, the U.S. Marshal on December 30, 2009, attached the vessel CHAMPION SPIRIT at the Port of Stockton. The owners of the vessel have agreed to provide plaintiffs with appropriate security in the form of a letter of undertaking. /// /// ///
- 1 -STIPULATED APPLICATION FOR RELEASE FROM ATTACHMENT; [PROPOSED] ORDER
Case No.:2:09-CV-03603 FCD DAD G:\43200.042\Pleadings\Kinjo 2 09-cv-3603\Stipulated Application for Release from Attachment.doc

Case No.: 2:09-CV-03603 FCD DAD STIPULATED APPLICATION FOR ORDER RELEASING MARITIME ATTACHMENT; [PROPOSED] ORDER RELEASING MARITIME ATTACHMENT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
EMARD DANOFF PORT TAMULSKI & PAETZOLD LLP 49 Stevenson Street Suite 400

As a result, the parties hereby stipulate to the release of the vessel, and, therefore respectfully request the Court to order the release of the attachment.

IT IS HEREBY STIPULATED AND AGREED:

DATED: December 31, 2009

MCGUINN HILLSMAN & PALEFSKY By

/s/ JOHN R. HILLSMAN Attorneys for Plaintiffs, MASAO KINJO and YOJI MORI

DATED: December 31, 2009

EMARD DANOFF PORT TAMULSKI & PAETZOLD LLP By

/s/ JAMES J. TAMULSKI Attorneys for Defendant, Champion Shipping AS

- 2 -STIPULATED APPLICATION FOR RELEASE FROM ATTACHMENT; [PROPOSED] ORDER
Case No.:2:09-CV-03603 FCD DAD G:\43200.042\Pleadings\Kinjo 2 09-cv-3603\Stipulated Application for Release from Attachment.doc

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
EMARD DANOFF PORT TAMULSKI & PAETZOLD LLP 49 Stevenson Street Suite 400

ORDER RELEASING MARITIME ATTACHMENT At the request of the plaintiffs Masao Kinjo and Yoji Mori, and defendant Champion Shipping AS, the owner of the vessel, and good cause appearing, the Court hereby releases the attachment of the vessel CHAMPION SPIRIT and orders the U.S. Marshals to immediately release that vessel from its custody and to order the substitute custodian off of the vessel. Upon release of the vessel the U.S. Marshals Service, and the substitute custodian shall be discharged from any and all further duties and responsibilities for safekeeping of the vessel.

DATED: December 31, 2009

- 3 -STIPULATED APPLICATION FOR RELEASE FROM ATTACHMENT; [PROPOSED] ORDER
Case No.:2:09-CV-03603 FCD DAD G:\43200.042\Pleadings\Kinjo 2 09-cv-3603\Stipulated Application for Release from Attachment.doc