World Fuel Services v. Essex Strait

Filing 12

ORDER signed by Senior Judge William B. Shubb on 11/22/13 GRANTING 5 Ex Parte Application to Issue Arrest Warrant. The Clerk of this Court is AUTHORIZED to, and shall ISSUE a Warrant for the Arrest of the Vessel, as prayed for in the Verified C omplaint; The Marshal of this District is AUTHORIZED to serve the Warrant of Arrest on the Vessel; Any person claiming an interest in the Vessel arrested hereunder shall, upon application to the Court, be entitled to a prompt hearing upon notice to Plaintiff, at which time Plaintiff shall be required to show why the arrest should not be vacated or other relief granted; and a copy of this Order shall be attached to and served with the Warrant of Arrest. (Meuleman, A)

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1 2 3 4 5 6 COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Mitchell S. Griffin (SBN 114881) Max L. Kelley (SBN 205943) 190 The Embarcadero San Francisco, CA 94105 Telephone No.: 415-438-4600 Facsimile No.: 415-438-4601 Attorneys for Plaintiff WORLD FUEL SERVICES 7 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 WORLD FUEL SERVICES ) ) ) Plaintiff, ) ) v. ) ) ) M/V ESSEX STRAIT, IMO No. ) 9488566, its engines, tackle, machinery, ) furniture, apparel, appurtenances, etc., in ) rem, and DOES 1-10. ) ) ) Defendants. ) ) ) ) Case No.: CV S-13-2426 WBS IN ADMIRALTY ORDER GRANTING EX PARTE APPLICATION FOR ARREST WARRANT Plaintiff WORLD FUEL SERVICES has applied for an order from this 22 Court authorizing the Clerk to issue a warrant for the arrest of the Defendant 23 Vessel M/V ESSEX STRAIT, Official No. 9488566, its engines, tackle, 24 machinery, furniture, apparel, appurtenances, etc., (the “Vessel”). 190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: 415-438-4600 FAX: 415-438-4601 25 Upon reviewing Plaintiff’s Request for Review, the Verified Complaint 26 and its supporting exhibit, and the papers submitted therewith, the Court finds 27 that the conditions for an in rem action in accordance with Supplemental 28 COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Admiralty Rule C appear to exist. WFS.Essex -1[PROPOSED] ORDER GRANTING EX PARTE APPLICATION FOR ARREST WARRANT Case No. 1 2 3 4 5 6 7 8 9 10 11 12 13 THEREFORE IT IS HEREBY ORDERED that: 1. The Clerk of this Court is authorized to, and shall issue a Warrant for the Arrest of the Vessel, as prayed for in the Verified Complaint; 2. The Marshal of this District is authorized to serve the Warrant of Arrest on the Vessel; 3. Any person claiming an interest in the Vessel arrested hereunder shall, upon application to the Court, be entitled to a prompt hearing upon notice to Plaintiff, at which time Plaintiff shall be required to show why the arrest should not be vacated or other relief granted; and 4. A copy of this Order shall be attached to and served with the Warrant of Arrest. 14 15 16 IT IS SO ORDERED. Dated: November 22, 2013 17 18 19 20 21 22 23 24 COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP 190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: 415-438-4600 FAX: 415-438-4601 25 26 27 28 WFS.Essex -2[PROPOSED] ORDER GRANTING EX PARTE APPLICATION FOR ARREST WARRANT Case No.

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