Richmond Bay Marina, LLC v. The Vessel Relax

Filing 25

ORDER: QUESTIONS FOR NOVEMBER 7, 2013 HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT. Signed by Judge Maria-Elena James on 11/5/2013. (mejlc2, COURT STAFF) (Filed on 11/5/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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RICHMOND BAY MARINA, LLC,
Plaintiff,

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v.
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THE VESSEL “RELAX,”

No. C 13-02978 MEJ
QUESTIONS FOR NOVEMBER 7,
2013 HEARING ON PLAINTIFF’S
MOTION FOR DEFAULT
JUDGMENT

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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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The matter is set for hearing on Plaintiff’s Motion for Default Judgment (Dkt. No. 23) on

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Pursuant to Admiralty Local Rule 6-1(a)(2), a party seeking default judgment in an action in
rem must show that due notice of the action and arrest of the property has been given: “[b]y
service under Fed. R. Civ. P. 5(b) upon every other person who has not appeared in the action
and is known to have an interest in the property.” Here, Plaintiff alleges that Mr. Kassatkin is
the owner of the Vessel. Has Mr. Kassatkin been served with notice of the action and arrest?
Plaintiff alleges that the berthing and utilities provided to the Vessel were “necessaries” under
46 U.S.C. § 31301. This statute states that necessaries include repairs, supplies, towage, and
the use of a dry dock or maritime railway. Necessaries have also been described as those
things that allow a vessel to perform its ordinary functions; these are the items that “a prudent
owner would provide to enable a ship to perform the functions for which she has been
engaged and include most goods or services that are useful to the vessel to keep her out of
danger and enable her to perform her particular function. Ventura Packers, Inc. v. F/V
Jeanine Kathleen, 305 F.3d 913, 922 (9th Cir. 2002).

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What authority does Plaintiff have recognizing berthing as a necessary, such that a maritime
lien attaches for nonpayment for berthing?
Although Mr. Kassatkin has not opposed the Motion for Default Judgment or otherwise
entered a formal appearance in this matter, he has filed a Request for Supervised Access to
Remove Personal Belongings from the Vessel. What is Plaintiff’s position on this?

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Plaintiff has not attached the Berthing License Agreement to the Complaint or to Stephen
Orosz’s Declaration and there is nothing in the record indicating how the berthing fees were
calculated. Likewise, there is no documentary evidence regarding the electricity provided to
the Vessel.

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IT IS SO ORDERED.
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Dated: November 5, 2013
_______________________________
Maria-Elena James
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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