Octavian Marks LLC v. Marka Shipping LTD

Filing 20

Order by Hon. Samuel Conti granting 19 Stipulation.(sclc1, COURT STAFF) (Filed on 6/28/2013)

1
2
3
4

JOHN D. GIFFIN, CASB No. 89608
JESSICA LUHRS, CASB No. 284846
KEESAL, YOUNG & LOGAN
A Professional Corporation
450 Pacific Avenue
San Francisco, CA 94133
Telephone:
[phone]
Facsimile:
[phone]

5
Attorneys for Interested Party PANAMAX INTERNATIONAL (P.I.)
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

OCTAVIAN MARKA LLC,
Plaintiff,

12
13

vs.

15

MARKA SHIPPING LTD., in personam, and
M/T MARKA, IMO no. 9512484, her engines,
tackle, gear and appurtenances, in rem,

16

Defendants.

14

17
18
19
20
21
22
23
24
25
26
27
28

)
)
)
)
)
)
)
)
)
)
)

Case No. CV-13-2863-SC
STIPULATED APPLICATION FOR AN
ORDER; [PROPOSED] ORDER
[RESTRICTED APPEARANCE PURSUANT
TO F.R.C.P. SUPPLEMENTAL
ADMIRALTY RULE E(8)]

Interested Party PANAMAX INTERNATIONAL (P.I.) (“PANAMAX”) and Plaintiff
OCTAVIAN MARKA LLC (“OCTAVIAN”) (collectively, “the Parties”), by and through their
respective counsel, hereby stipulate as follows:
WHEREAS, OCTAVIAN is the owner of the vessel M/T MARKA (IMO NO.
9512484) (“M/T MARKA”);
WHEREAS, on June 20, 2013 OCTAVIAN filed a Verified Complaint seeking a
Warrant of Arrest against the M/T MARKA pursuant to the Federal Rules of Civil Procedure,
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Rule D;
WHEREAS, on June 20, 2013, this Court issued a Warrant of Arrest pursuant to which
the M/T MARKA was arrested;
WHEREAS, Defendant MARKA SHIPPING LTD. is the bareboat charterer of the M/T
MARKA and has not appeared in this action or otherwise made a claim;
-1-

KYL_SF602857

STIPULATED APPLICATION FOR AN ORDER; [PROPOSED] ORDER - Case No. CV-13-2863-SC

1

WHEREAS, on June 25, 2013, Interested Party PANAMAX made a special appearance

2

by filing a Verified Statement of Interest stating that it is, among other things, the time-charterer of the

3

M/T MARKA and owner of bunker fuel aboard the vessel; and

4

WHEREAS, the Parties wish to commission a joint bunker survey in order to

5

determine the precise amount of fuel aboard the M/T MARKA and the amount consumed during its

6

arrest (the “Survey”), and seek an Order from the Court permitting a surveyor to attend onboard the

7

M/T MARKA to conduct the Survey with the cost split evenly between the Parties. The purpose of

8

the Survey is to determine quantity only, and no bunkers or other materials will be removed from the

9

vessel.

10

IT IS SO STIPULATED AND AGREED.

11
12
13

DATED: June 27, 2013

/s/ Jessica Luhrs _________________________
JOHN D. GIFFIN
JESSICA LUHRS
KEESAL, YOUNG & LOGAN
Attorneys for Interested Party PANAMAX
INTERNATIONAL (P.I.)

DATED June 27, 2013

/s/ Rupert P. Hansen_______________________
RUPERT P. HANSEN
COX, WOOTTON, GRIFFIN, HANSEN &
POULOS LLP
Attorney for Plaintiff OCTAVIAN MARKA LLC

14
15
16
17
18
19
20
21
22
23

Filer's Attestation: Pursuant to Civil Local Rule 5-1 (i)(3) regarding signatures, Jessica Luhrs

24

hereby attests that concurrence in the filing of this document has been obtained.

25
26
27
28
-2-

KYL_SF602857

STIPULATED APPLICATION FOR AN ORDER; [PROPOSED] ORDER - Case No. CV-13-2863-SC

1

[PROPOSED] ORDER

2
3

Based on the foregoing Stipulation and good cause appearing, IT IS HEREBY ORDERED
THAT:

4
5

1. At their mutual expense, PANAMAX INTERNATIONAL (P.I.) and OCTAVIAN

6

MARKA LLC may commission a joint bunker survey to determine the precise amount of

7

fuel aboard the M/T MARKA and the amount consumed during its arrest (the “Survey”).

8

2. A surveyor will be permitted to attend onboard the M/T MARKA to conduct the Survey.

9
10

IT IS SO ORDERED.

11
12
13
14
15

June 28, 2013
DATED: _____________

______________________________________
THE HONORABLE SAMUEL CONTI
U.S. DISTRICT COURT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
-3-

KYL_SF602857

STIPULATED APPLICATION FOR AN ORDER; [PROPOSED] ORDER - Case No. CV-13-2863-SC