United States of America v. Tackle, apparel, furnishings, spares, tools, equipment and certain other appurtenances of the SS Independence (O.N. 261147), in rem

Filing 39

Amended ORDER for Interlocutory Sale of Vessel Appurtenances. Signed by Magistrate Judge Bernard Zimmerman on 2/18/09. (sv, COURT STAFF) (Filed on 2/18/2009) (Additional attachment(s) added on 2/18/2009: # 1 Certificate of Service) (sv, COURT STAFF). (Additional attachment(s) added on 2/19/2009: # 2 re.: Sale) (sv, COURT STAFF).

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LEGAL NOTICE NOTICE OF SALE OF CERTAIN APPURTENANCES OF SS INDEPENDENCE
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) v. ) Tackle, apparel, furnishings, spares, tools, ) equipment and certain other appurtenances of ) ) the SS INDEPENDENCE (O.N. 261147), ) in rem, ) Defendant. ) _____________________________________ ) UNITED STATES OF AMERICA, Civil No.: CV07-6162 BZ AT LAW AND IN ADMIRALTY

(PROPOSED) NOTICE OF SALE

PLEASE TAKE NOTICE that tackle, apparel, furnishings, spares, tools, equipment and certain other appurtenances of the SS INDEPENDENCE (Official Number 261147), in rem ("the Vessel Appurtenances"), will be offered for sale. DESCRIPTION NOT GUARANTEED -- APPURTENANCES SOLD "AS IS, WHERE IS," FREE AND CLEAR OF ALL CLAIMS, LIENS, MARITIME LIENS AND ENCUMBRANCES OF ANY KIND PLEASE TAKE FURTHER NOTICE that, pursuant to the Order for Interlocutory Sale of the aforementioned defendant Vessel Appurtenances, will be sold by the United States Marshal in the Plaza at the main entrance to the United States Courthouse, 450 Golden Gate Avenue, San Francisco, California 95814, on Tuesday, March 24, 2009, commencing at 10:00 a.m., to the best 1

NOTICE OF SALE

Case No. CV07-6162 BZ

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and highest bidder who must be, in any event, a person or entity eligible to bid on such items. The minimum opening bid shall be no less than $10,000.00. Following the opening bid, bidding increments thereafter shall be in the amount of $1,000.00 or more. Said bidder is to deposit immediately with the Court ten per cent (10%) of the purchase price in cash, U. S. currency, or cashier's check, which sum will be forfeited unless the balance of the price for the defendant Vessel appurtenances is paid within three (3) days after the completion of the auction, excluding Saturdays, Sundays, and legal holidays, provided, however, that the United States of America, holder of preferred ship mortgage interests on said Vessel Appurtenances, shall be entitled to bid all or part of its mortgage interests at said sale without being required to deliver earnest money to the Marshal. Confirmation of the sale shall automatically occur without hearing or order of the Court if no written objections have been filed with said Court within a period of three days following sale of the defendant Vessel Appurtenances, Saturdays, Sundays and legal holidays excluded. If any objections are made, they must be in accordance with all local rules of court, as well as the foregoing Order for Interlocutory Sale, and must, in any event, be made in writing within the time so stated above. Any objecting party shall, concurrently with the time of filing the objection, serve copies via facsimile, hand delivery or overnight mail of the said objection to all known and interested parties, said parties to include the Marshal, the Substitute Custodian, the highest bidder, and all parties, including the United States of America, the latter by and through its attorney, Jeanne M. Franken, Trial Attorney, Torts Branch, Civil Division, U.S. Department of Justice, 7th Floor, Room 7-5395, Federal Bldg., Box 36028, San Francisco, CA 94102, Telephone: [phone], Fax: [phone]. The defendant Vessel Appurtenances may be inspected upon reasonable notice during specified weekday business hours and by prior arrangement with the permission of the Substitute Custodian, U.S. Department of Transportation, Maritime Administration ("MARAD"), in Alameda and San Francisco, which may be contacted through its representative, Hank Ryan at (415) 415-744-2577. Said persons wishing to inspect the defendant Vessel Appurtenances shall do so solely at their own risk and must sign a hold harmless agreement in favor of the Marshal and
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Substitute Custodian before doing so. Interested persons are referred to the previously mentioned Order for Interlocutory Sale for specific and additional information concerning the defendant Vessel Appurtenances and the terms of sale, and to the foregoing attorneys for the United States. Anyone bidding without the ability to meet the requirements of the Order for Interlocutory Sale or who disrupts the sale will be subject to appropriate sanctions by the Court.

United States Marshal for the Eastern District of California

PRESENTED BY: Dated: December 4 , 2008 GREGORY G. KATSAS Acting Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney R. MICHAEL UNDERHILL Attorney in Charge West Coast Office /s/ Jeanne M. Franken JEANNE M. FRANKEN Trial Attorney U.S. Department of Justice Torts Branch, Civil Division Of Counsel: PATRICIA E. BYRNE Attorney Adviser Office of Chief Counsel Maritime Administration U.S. Department of Transportation Attorneys for Plaintiff United States of America

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