Richmond Bay Marina, LLC v. The Vessel Relax

Filing 27

ORDER FOLLOWING NOVEMBER 7, 2013 HEARING; SETTING FURTHER HEARING RE MOTION FOR DEAULT JUDGMENT 23 FOR NOVEMBER 21, 2013 AT 10:00 A.M. Signed by Judge Maria-Elena James on 11/7/2013. (mejlc2, COURT STAFF) (Filed on 11/7/2013)

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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.

No. C 13-02978 MEJ
ORDER FOLLOWING NOVEMBER 7,
2013 HEARING

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THE VESSEL “RELAX”,
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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendant.
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Pending before the Court is Plaintiff Richmond Bay Marina, LLC’s Motion for Default

13 Judgment (Dkt. No. 23). No oppositions to the Motion have been filed and no interested party has
14 entered an appearance in this case. On November 7, 2013, the Court held a hearing on the Motion.
15 At the hearing, the owner of the Defendant Vessel, Paul Kassatkin, appeared. Mr. Kassatkin
16 indicated that he opposes the Motion for Default Judgment. However, Mr. Kassatkin has not moved
17 to set aside entry of default pursuant to Federal Rule of Civil Procedure 55(c). If Mr. Kassatkin
18 intends to defend this matter, he must move to set aside the default no later than November 19, 2013.
19 The Court therefore CONTINUES hearing on Plaintiff’s Motion until November 21, 2013, at 10:00
20 a.m. in Courtroom B.
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With respect to Mr. Kassatkin’s Request for Supervised Access to the Vessel to Remove

22 Personal Belongings (Dkt. No. 20), Plaintiff represented that the substitute custodian, Stephen Orosz,
23 will permit Mr. Kassatkin to go aboard the Vessel to recover personal items on November 8, 2013. If
24 there is any dispute between Mr. Kassatkin and Mr. Orosz as to whether an item qualifies as personal,
25 as opposed being part of the Vessel, they shall make a list of those items and present the list to the
26 Court at the November 21, 2013 hearing, at which time the Court will rule as to whether Mr.
27 Kassatkin is allowed to recover those items. In the interim, any disputed items shall remain on board
28 the Vessel.

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The Court also advises Mr. Kassatkin that there are two additional resources available. First,

2 he may wish to seek assistance from the Legal Help Center, located on the 15th Floor of the Federal
3 Building, 450 Golden Gate Avenue, San Francisco, California, in Room 2796, where he may sign up
4 for a free appointment with an attorney who may be able to provide basic legal help, but not legal
5 representation. The telephone number for scheduling an appointment with the Legal Help Center is
6 [phone]. Second, the San Francisco Bar Association operates a lawyer referral service which
7 may be helpful in securing pro bono counsel.
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Plaintiff shall serve a copy of this Order on Mr. Kassatkin.

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IT IS SO ORDERED.

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_______________________________
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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