A/S Dan Bunkering Ltd. v. China Spirit et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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IN ADMIRALTY
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A/S DAN BUNKERING LTD.
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Plaintiff,
Case No.: 2:24-CV-02790-TLN-SCR
ORDER
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v.
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CHINA SPIRIT in rem
GLOBAL AMERICAN TRANSPORT,
LLC in personam,
Defendant.
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ORDER
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Having considered Plaintiff’s Motion to Release Vessel Pursuant to Written Undertaking
(the “Motion”), the Court GRANTS the Motion as follows:
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IT IS HEREBY ORDERED that the Written Undertaking filed by The West of England
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Ship Owners Mutual Insurance Association (Luxembourg) (the “Association”) attached as Exhibit
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“1” to the Motion (the “Written Undertaking”) is accepted for filing into the record;
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IT IS FURTHER ORDERED that pursuant to Rule 523 of the Local Rules for the United
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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
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“Vessel”), and the Written Undertaking shall be deemed referred to under the name of the Vessel
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in any pleading, order or judgment in the action;
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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
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hereby vacated; and
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IT IS FURTHER ORDERED that the United States Marshal be, and is hereby authorized
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and directed, to surrender possession of the Vessel to the Vessel’s master or any nominee of the
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Association.
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IT IS SO ORDERED.
Date: October 23, 2024
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___________________________________
TROY L. NUNLEY
CHIEF UNITED STATES DISTRICT JUDGE
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ORDER
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