Octavian Marks LLC v. Marka Shipping LTD

Filing 30

Order by Hon. Samuel Conti denying 26 Ex Parte Application.(sclc1, COURT STAFF) (Filed on 8/5/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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OCTAVIAN MARKA, LLC,

) Case No. 13-2863 SC
)
Plaintiff,
) ORDER DENYING EX PARTE
) APPLICATION
v.
)
)
MARKA SHIPPING LTD., in personam, )
and M/T MARKA, IMO NO. 9512484, in )
rem,
)
)
Defendants.
)
)

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Now before the Court is Plaintiff Octavian Marka, LLC's

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("Plaintiff") ex parte application for an order releasing the in

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rem defendant vessel, the M/T Marka, from arrest and for dismissal

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of this action without prejudice.

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Plaintiff's counsel has filed a declaration of non-opposition on

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behalf of one of the directors of Defendant Marka Shipping Ltd.

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("Defendant"), ECF No. 28, though it remains unclear if this

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director has the authority to speak on behalf of Defendant.

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Defendant has yet to make a formal appearance in this action.

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Court held a hearing on the matter on August 5, 2013.

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reasons set forth at the hearing, the Ex Parte Application is

ECF No. 26 ("Ex Parte App.").

For the

The

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DENIED without prejudice.

The Court grants Plaintiff leave to re-

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file an application.

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should specify to whom the M/T Marka is being released.

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also grants Plaintiff leave to file under seal the "confidential

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settlement" referred to in the Ex Parte Application.

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filings, the Court advises Plaintiff to follow the guidance set

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forth by the Court at the hearing.

Among other things, the amended application
The Court

For future

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IT IS SO ORDERED.

United States District Court

For the Northern District of California

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Dated: August 5, 2013

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UNITED STATES DISTRICT JUDGE

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