PNC Bank v. Smith et al

Filing 17

ORDER signed by Judge John A. Mendez on 3/15/2011 ORDERING that the Vessel, pursuant to the Warrant for Arrest, be deemed arrested and that National Maritime Services, Inc. is appointed as substitute custodian, and that the USM shall be discharged fr om the duties and responsibilities for the safekeeping of the Vessel and held harmless from any and all claims arising whatsoever out of said custodial services; or the USM be required to carry out and effecuate this Court's previous Orders with regard to the Arrest of the Vessel and that the Vessel be turned over to the custody of National Maritime Services, Inc which was appointed as custodian of the Vessel and National Martime Services shall retain custody for possession and safekeeping until further order of this Court and that National Liquidators, may move the Vessel from its current location to a secure facility wihtin the district, if necessary. IT IS FURTHER ORDERED that plaintiff's attorney shall serve a copy of this order on the owner of the Vessel. Clerk shall deliver three (3) certified copies of this order to USM forthwith. (cc: USM) (Waggoner, D)

PNC Bank v. Smith et al

Doc. 17

1 Stephen E. Jenkins (State Bar No. 97642) Pamela L. Cox (State Bar No. 191883) 2 HEMAR, ROUSSO & HEALD, LLP 15910 Ventura Boulevard, 12th Floor 3 Encino, California 91436 [phone] 4 [phone] (Fax) 5 Refer to File Number: 4158-20093272 6 Attorneys for Plaintiff 7 8 9 10 11 PNC BANK, N.A., a National Association, as) CASE NO.: 10-CV-1916-JAM-EFB successor in interest to National City Bank, ) 12 ) IN ADMIRALTY ) 13 Plaintiff(s), ) ORDER DEEMING VESSEL ARRESTED OR v. ) IN THE ALTERNATIVE, ORDERING 14 ) ARREST OF VESSEL BELINDA L. SMITH, In Personam; , In) 15 Personam; B & B DREAMIN', Hull No.) GMKD283C505 (the "Vessel"), its engines,) 16 machinery, appurtenances, etc In Rem, ) ) 17 Defendants ) ______________________________________ ) 18 19 Plaintiff PNC BANK, N.A., a National Association ("PNC" or "Plaintiff") , as successor in IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Hemar, Rousso & Heald, L L P 15910 Ventura Boulevard, 12 Floor th Encino, CA 91436 [phone]

20 interest to NATIONAL CITY BANK ("NATIONAL CITY") , by and through its counsel of record 21 Hemar, Rousso & Heald, LLP, having appeared and made the following recitals: 22 1. On or about July 20, 2010, the Complaint herein was filed praying that Defendant

23 Vessel B & B DREAMIN', Hull No. RGMKD283C505, her engines, tackle, accessories, 24 equipment, furnishings and appurtenances (collectively "the Vessel") and all other necessaries 25 thereunder appertaining and belonging, be condemned and sold to pay Plaintiff's demands and claims 26 and for other proper relief. 27 2. On or about September 10, 2010, the Clerk of this Court issued a Warrant for Arrest of

28 the Vessel commanding the United States Marshal for this District to arrest and take into custody the
1

[Proposed] ORDER DEEMING VESSEL ARRESTED OR IN THE ALTERNATIVE, ORDERING ARREST OF VESSEL
Dockets.Justia.com

1 Defendant Vessel and to detain the same in his custody until further order of this Court respecting 2 same. 3 3. On or about October 6, 2010, the Court issued its Order Appointing Substitute

4 Custodian and Authorizing Movement and Inspection of Vessel entitling National Maritime Services, 5 Inc. to assume the responsibility for safekeeping the said Vessel to act as her substitute custodian until 6 further order of this Court 7 4. The United States Marshal for the Eastern District of California has declined to arrest

8 the Vessel on the ground that the Vessel is already in possession of the Substitute Custodian. 9 10 THEREFORE, IT IS ORDERED that: The Vessel, pursuant to the Warrant for Arrest, be deemed arrested and that National Maritime

11 Services, Inc. is appointed as substitute custodian, and that the United States Marshal shall be 12 discharged from the duties and responsibilities for the safekeeping of the Vessel and held harmless 13 from any and all claims arising whatsoever out of said custodial services.
Hemar, Rousso & Heald, L L P 15910 Ventura Boulevard, 12 Floor th Encino, CA 91436 [phone]

14 OR 15 The United States Marshal for the Eastern District of California be required to carry out and

16 effectuate this Court's previous Orders with regard to the Arrest of the Vessel and that the Vessel be 17 turned over to the custody of National Maritime Services, Inc. which was appointed as custodian of the 18 Vessel and National Maritime Services, Inc. shall retain the Vessel in its custody for possession and 19 safekeeping until further order of this Court and that National Liquidators. may move the Vessel from 20 its current location to a secure facility within the district, if necessary. 21 IT IS FURTHER ORDERED that Plaintiff's attorney serve a copy of this order on the owner

22 of the Vessel. 23 IT IS FURTHER ORDERED that the Clerk of this Court deliver three (3) certified copies of

24 this order to the United States Marshal forthwith. 25 26 27 28
2

DATED this 15th day of March, 2011.

/s/ John A. Mendez UNITED STATES DISTRICT JUDGE

[Proposed] ORDER DEEMING VESSEL ARRESTED OR IN THE ALTERNATIVE, ORDERING ARREST OF VESSEL

1 Presented by: 2 HEMAR, ROUSSO & HEALD, LLP 3 By_/s/ STEPHEN E. JENKINS_ STEPHEN JENKINS PAMELA L. COX 5 Attorneys for Plaintiff 4 6 7 8 9 10 11 12 13
Hemar, Rousso & Heald, L L P 15910 Ventura Boulevard, 12 Floor th Encino, CA 91436 [phone]

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
3

[Proposed] ORDER DEEMING VESSEL ARRESTED OR IN THE ALTERNATIVE, ORDERING ARREST OF VESSEL