Arabian Gas and Oil Development Company v. Wisdom Marines Lines, S.A., et al

Filing 15

Order by Magistrate Judge Donna M. Ryu granting 4 Ex Parte Application.(dmrlc3, COURT STAFF) (Filed on 7/8/2016)

1
2
3
4
5

KAYE, ROSE & PARTNERS, LLP
Frank C. Brucculeri, Esq. (137199)
Daniel F. Berberich, Esq. (215946)
9100 Wilshire Blvd., Suite 420W
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15
16
17

ARABIAN GAS AND OIL
DEVELOPMENT COMPANY, a Bahrain
Corporation,

Case No. 3:16-cv-03801
ADMIRALTY
Fed. R. Civ. P. 9(h)

Plaintiff,
v.

PROPOSED ORDER APPOINTING
SUBSTITUTE CUSTODIAN

WISDOM MARINES LINES, S.A, a
Panama Corporation, WISDOM
MARINES LINES CO., LTD., a Cayman
Islands Corporation, and SAO WISDOM,
S.A., a Panama corporation,
Defendants.

18
19
20

Upon the Motion of Plaintiff, ARABIAN GAS AND OIL DEVELOPMENT COMPANY

21

for the appointment of a Substitute Custodian for the M/V GLOBAL FAITH in lieu of the United

22

States Marshal in this case, and good cause appearing therefore, it is hereby:

23

ORDERED that the Plaintiff’s Motion is granted, and the United States Marshal shall

24
transfer custody of the M/V GLOBAL FAITH, immediately following her arrest and seizure, to
25
26

the custody of the substitute custodian, NATIONAL MARITIME SERVICES (hereinafter

27

“National”), by and through its authorized representatives, of 1915 SW 21st Avenue, Fort

28

Lauderdale, Florida 33312; and it is further
1

1

ORDERED that upon transfer of the M/V GLOBAL FAITH to the substitute custodian,

2

the aforesaid substitute custodian shall be appointed to act as substitute custodian of the M/V

3

GLOBAL FAITH during custodia legis on behalf of this Court, in place and instead of the United

4
States Marshal, until written notice of release has been given by the Plaintiff to the United States
5
6

Marshal or has been ordered by this Court; and it is further

7

ORDERED that upon transfer of the M/V GLOBAL FAITH to the substitute custodian

8

by the United States Marshal, the United States Marshal shall not be liable for any loss occurring

9

while she remains in the custody of the substitute custodian; and it is further

10
11

ORDERED that after the M/V GLOBAL FAITH is arrested, the substitute custodian shall
cause and be responsible to have the M/V GLOBAL FAITH remain at an appropriate berth and/or

12
anchorage within the Northern District of California.
13
14

ORDERED that during custodia legis, the substitute custodian, National, will permit the

15

vessel to undergo normal cargo operations, both loading and discharge, shift berths within the

16

Northern District of California, and/or undergo repairs, but always at the risk and expense of the

17

vessel’s interests, and always remaining within the District.

18

ER

H

26
27
28
2

R NIA

u

a M. Ry

onn
Judge D

FO

RT

25

I

NO

24

ERED

ORD
T IS SO

LI

23

UNITED STATES DISTRICT JUDGE
United States Magistrate Judge

A

22

RT
U
O

21

S DISTRICT
TE
C
__________________________________
TA

S

20

8
DONE and ORDERED this the __ day of July 2016.

UNIT
ED

19

N

F
D IS T IC T O
R

C