Spooner v. Multi Hull Foiling AC45 Vessel "4 Oracle Team USA", et al

Filing 27

ORDER that Plaintiff file response to 25 Request for Release from Arrest, no later than March 10, 2015. (jcslc2, COURT STAFF) (Filed on 3/9/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH ROBERT SPOONER,

Case No. 15-cv-00692-JCS

Plaintiff,
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v.
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United States District Court
Northern District of California

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MULTI HULL FOILING AC45 VESSEL “4
ORACLE TEAM USA,” et al.,

ORDER TO FILE RESPONSE TO
REQUEST FOR RELEASE FROM
ARREST

Defendants.
This Court previously denied Plaintiff Joseph Spooner’s request for a warrant to arrest the
AC45-class racing catamaran 4 Oracle Team USA (the “Vessel”). See Order (dkt. 17). On Friday,

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March 6, Spooner filed an Amended Complaint (dkt. 19) and a declaration stating that exigent
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circumstances would make judicial review impracticable (dkt. 21). Pursuant to Rule C(3)(a)(ii) of
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the Federal Rules of Civil Procedure’s supplemental rules for admiralty proceedings, and this
Court’s Admiralty Local Rule 3-1(b), the Clerk issued an arrest warrant for the Vessel without

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judicial review. See Warrant (dkt. 24). The United States Marshals Service executed the warrant
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on March 9, 2015 and arrested three shipping containers at Oracle Racing’s Pier 80 facility, at
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least two of which contain parts matching the description of the Vessel. See Warrant Returned
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Executed (dkt. 26).

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Defendant Oracle Racing, Inc. (“Oracle Racing”) has filed a “Request for Release of

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Vessel.” See Request for Release (dkt. 25). According to Oracle Racing: (1) Oracle Racing has
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operated multiple AC45 catamarans labeled as “4 Oracle Team USA”; (2) the vessel that Spooner

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sailed on was sold to a French racing team in December of 2014 and is no longer located in this
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district; and (3) two of the arrested containers contain parts for a different AC45 catamaran
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(“yacht #12”) that was not launched before Spooner’s contract was terminated, and is therefore not

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subject to a maritime lien.1 Id. Oracle Racing also raises various other arguments against the

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continued arrest. See id.

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Spooner is hereby ORDERED to file a response to Oracle Racing’s Request for Release no

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later than March 10, 2015. Spooner’s response should address any issues relevant to the propriety

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of the arrest and the existence of exigent circumstances, including but not limited to the following:

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(1) whether Spooner has standing to enforce the contract at issue, which is between Oracle Racing

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and a corporate entity listed as Allegro Yachting Ltd.; (2) whether the issues raised in the

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Amended Complaint are sufficiently tied to any particular vessel to support an in rem action, and

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if so, whether that is the vessel that has been arrested; (3) if the Court determines that the arrest
should not be vacated, the value of a bond sufficient for release of the Vessel; and (4) each

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United States District Court
Northern District of California

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argument raised in Oracle Racing’s Request for Release.
IT IS SO ORDERED.

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Dated: March 9, 2015
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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Oracle Racing states that “the other container was not opened, so its contents are unknown.”
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