A/S Dan Bunkering Ltd. v. China Spirit et al

Filing 15

ORDER signed by Chief District Judge Troy L. Nunley on 10/23/2024 GRANTING 13 Motion to Release Vessel; and DIRECTING the United States Marshal to surrender possession of the Vessel to the Vessel's master or any nominee of the Association. (cc US Marshal) (Becknal, R.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 10 IN ADMIRALTY 11 12 A/S DAN BUNKERING LTD. 13 Plaintiff, Case No.: 2:24-CV-02790-TLN-SCR ORDER 14 v. 15 16 17 18 CHINA SPIRIT in rem GLOBAL AMERICAN TRANSPORT, LLC in personam, Defendant. 19 20 21 22 23 24 25 26 27 28 ORDER 1 2 Having considered Plaintiff’s Motion to Release Vessel Pursuant to Written Undertaking (the “Motion”), the Court GRANTS the Motion as follows: 3 IT IS HEREBY ORDERED that the Written Undertaking filed by The West of England 4 Ship Owners Mutual Insurance Association (Luxembourg) (the “Association”) attached as Exhibit 5 “1” to the Motion (the “Written Undertaking”) is accepted for filing into the record; 6 IT IS FURTHER ORDERED that pursuant to Rule 523 of the Local Rules for the United 7 8 9 States District Court for the Eastern District of California, the Written Undertaking shall respond on behalf of, and become a party in place of, the CHINA SPIRIT, IMO Number 9655846 (the 10 “Vessel”), and the Written Undertaking shall be deemed referred to under the name of the Vessel 11 in any pleading, order or judgment in the action; 12 13 IT IS FURTHER ORDERED that the Warrant of Vessel Arrest issued on October 17, 2024 (Dkt. 10) and Amended Warrant of Vessel Arrest issued on October 18, 2024 (Dkt. 12) are 14 hereby vacated; and 15 16 IT IS FURTHER ORDERED that the United States Marshal be, and is hereby authorized 17 and directed, to surrender possession of the Vessel to the Vessel’s master or any nominee of the 18 Association. 19 20 IT IS SO ORDERED. Date: October 23, 2024 21 22 23 24 ___________________________________ TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE 25 26 27 28 1 ORDER

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