Sterling Savings Bank v. Vessel Imagine et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION RE (1) ISSUANCE OF WARRANT FOR ARREST OF VESSEL AND (2) ORDER FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN. Signed by Judge Richard Seeborg on 6/27/13. (cl, COURT STAFF) (Filed on 6/27/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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STERLING SAVINGS BANK,

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Plaintiff,
v.
THE VESSEL IMAGINE, et al.,
Defendants.
____________________________________/

No. C 13-2499 RS
ORDER ADOPTING REPORT AND
RECOMMENDATION RE (1)
ISSUANCE OF WARRANT FOR
ARREST OF VESSEL AND (2) ORDER
FOR APPOINTMENT OF
SUBSTITUTE CUSDTODIAN

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The United States Magistrate Judge to whom this action was initially assigned issued a

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report and recommendation that plaintiff’s motions requesting the issuance of a warrant for the

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arrest of the vessel Imagine and the appointment of a substitute custodian be granted. See Dkt. 7.

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Specifically, in the Report dated June 12, 2013, the Judge: (1) determined the conditions for an in

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rem action appear to exist and a warrant for the arrest of the vessel should issue pursuant to

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Supplemental Rule C of the Federal Rules of Civil Procedure and, (2) recommended Nielsen

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Beaumont be appointed substitute custodian of the vessel under Admiralty and Maritime Local Rule

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9-1(a) and be prohibited from moving the vessel from this district during the pendency of this

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lawsuit.

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No party has filed objections to the Report and Recommendation. Having considered the

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report and recommendation, it is therefore adopted and incorporated in full. A warrant for the arrest

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of the vessel Imagine, Hull ID 1YD70139A910, at 2010 Destination 70’ Yacht, Official Number
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No. 13-2499 RS
ORDER

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1222594, a custom houseboat located at Cruiser Haven Marina in Discovery Bay, California, shall

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issue. Niilsen Beaumont shall be appointed a substitute custodian in lieu of the U.S. Marshal, to

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provide security, monitoring, and routine safekeeping services for the vessel. Nielson Beaumont

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shall not remove the vessel from this district during the pendency of this lawsuit.

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IT IS SO ORDERED.

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Dated: 6/27/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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No. 13-2499 RS
ORDER