KTB Oil Corporation v. M/V Cielo Di Tokyo

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2012 VACATING the arrest of the vessel M/V Cielo Di Tokyo, the Arrest Order, the Attachment Order, The Custodian Order, and the Marshal Order. The security in the form of cash funds in the amount of $215,000 should be deposited with the clerk of court. (Donati, J)

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Kaye, Rose & Partners LLP

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KAYE, ROSE & PARTNERS, LLP
Bradley M. Rose, Esq. (126281)
Frank C. Brucculeri, Esq. (137199)
Daniel F. Berberich, Esq. (215946)
Ron K. Losch, Esq. (98170)
1801 Century Park East, Suite 1500
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
KTB OIL CORPORATION
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
KTB OIL CORPORATION,

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Plaintiff,
v.
M/V CIELO DI TOKYO,

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Defendant.

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Case No.: 12-cv-1834-MCE-KJN
IN ADMIRALTY
[PROPOSED] ORDER TO
RELEASE VESSEL M/V CIELO
DI TOKYO IN THE CUSTODY
OF THE U.S. MARSHAL OR
SUBSTITUTE CUSTODIAN
FROM ATTACHMENT, AND
REGARDING THE HOLDING
OF SECURITY

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THE COURT HAVING REVIEWED THE PLAINTIFF’S CONSENT TO
RELEASE PROPERTY FROM ATTACHMENT;

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NOW THEREFORE IT IS HEREBY ORDERED:

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1.

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THE ARREST OF THE VESSEL M/V CIELO DI TOKYO IS

HEREBY AND IMMEDIATELY VACATED;
2.

THE ARREST ORDER, THE ATTACHMENT ORDER, THE

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CUSTODIAN ORDER, AND THE MARSHAL ORDER (THE “ORDERS”)

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ARE HEREBY IMMEDIATELY VACATED;
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[PROPOSED] ORDER TO RELEASE VESSEL M/V CIELO DI TOKYO IN THE
CUSTODY OF THE U.S. MARSHAL OR SUBSTITUTE CUSTODIAN FROM
ATTACHMENT

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3.

THE SUBSTITUTE CUSTODIAN, THE UNITED STATES

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MARSHAL, AND THE UNITED STATES ARE RELIEVED FROM ANY

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AND ALL RESPONSIBILITIES CONFERRED BY THE ORDERS WITH

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RESPECT TO THE M/V CIELO DI TOKYO; AND

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4.

THE SECURITY IN THE FORM OF CASH FUNDS IN ESCROW

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IN THE AMOUNT OF US$215,000 SHALL BE HELD PURSUANT TO THE

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ESCROW AGREEMENT ENTERED INTO BY PLAINTIFF AND SK

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SHIPPING CO., LTD. AND DATED JULY 13, 2012, AN EXECUTED COPY

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OF WHICH CAN BE FOUND ON THE COURT’S DOCKET AT

Kaye, Rose & Partners LLP

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DOCUMENT 11-1.1
IT IS SO ORDERED.

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Date: 7/13/2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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DEAC_Sign ature-END:

KJN:nkd

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ad4mc0d

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See Rule E(5)(a) of the Suppl. Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions.
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[PROPOSED] ORDER TO RELEASE VESSEL M/V CIELO DI TOKYO IN THE
CUSTODY OF THE U.S. MARSHAL OR SUBSTITUTE CUSTODIAN FROM
ATTACHMENT