Hovsepian v. Apple, Inc.

Filing 1065

Hovsepian v. Apple, Inc.

Doc. 1065

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Joshua E. Kirsch (179110) Jennifer T. Sanchez (191548) Gibson Robb & Lindh LLP 100 First Street San Francisco, CA 94105 415-348-6000 Fax: [phone] Email: [e-mail] Counsel for Plaintiff World Fuel Services Americas, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA WORLD FUEL SERVICES AMERICAS, INC. Plaintiff, v. PM&O Line., Defendant in personam, and MV MICRONESIAN NATIONS, its engines, tackle, apparel, Defendant in rem. * * * * * * * * * * ORDER GRANTING STIPULATED MOTION OF ALL PARTIES TO PERMIT LOADING AND UNLOADING OF VESSEL WHILE REMAINING UNDER ARREST * * * * * * * * * * IN ADMIRALTY Civil Action No. 4:05-CV-02745-CW

The parties hereby move for this Court to order that the M/V MICRONESIAN NATIONS (the "Vessel"), presently under arrest, may be moved to the Port of Oakland, SSA Terminal, for loading and unloading of cargo, and the taking on of provisions (including, but not limited to

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stores, water, and/or fuel) while under arrest. Defendant PM&O, as charterer of the Vessel, for itself and its insurers agrees to indemnify, defend and hold harmless the United States Marshal, the United States District Court for the Northern District of California, the Substitute Custodian (and their agents) against all claims and costs arising in connection with that loading and unloading, including those alleged to arise out of the own negligence of the United States Marshal and Substitute Custodian, and, without limitation, those for tugs, pilotage, stevedoring, and all costs and expenses associated with the loading and unloading of cargo, and the taking on of provisions (including, but not limited to stores, water, and/or fuel), and movement of the Vessel to the Port of Oakland, SSA Terminal, and return to anchorage. Any such claims or costs arising in connection with the loading and unloading of the of cargo, and the taking on of provisions (including, but not limited to stores, water, and/or fuel) to the Vessel while under arrest, including movement to and from anchorage, whether paid or unpaid, shall not be taxable as custodia legis (administrative) expenses or otherwise as costs in this case, and in all event shall be to the sole expense and account of PM&O. Following loading and unloading, the Vessel will return to anchorage within this District as designated by the United States Coast Guard and/or Captain of the Port, and remain under arrest pending further order of the Court. The parties desire to have the Vessel loaded and unloaded at the Port of Oakland, while under arrest, to minimize the disruption of the normal operations of the Vessel and cargo interests, and to permit the Vessel to earn revenues enabling PM&O potentially to satisfy the claims pending against the Vessel.

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WHEREFORE, the parties respectfully request this Court to grant this motion. Dated: July 15, 2005

/s/ Jennifer T. Sanchez Joshua E. Kirsch (179110) Jennifer T. Sanchez (191548) Gibson Robb & Lindh LLP 100 First Street San Francisco, CA 94105 415-348-6000 Fax: [phone] Email: [e-mail] Counsel for Plaintiff World Fuel Services Americas, Inc. J. Stephen Simms Simm s Showers LLP 20 S. Charles Street Suite 702 Baltimore, Maryland 21201 410-783-5795 Fax: [phone] Email: [e-mail]

/s/ C. William Craycroft (Signed with permission) C. William Craycroft (041211) Bingham McCutchen LLP 1900 University Avenue East Palo alto, CA 94303 650-849-4806 Fax: [phone] Email: [e-mail] Counsel for Defendant PM&O Line

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/s/ Joseph N. Mirkovich (Signed with permission) Joseph N. Mirkovich (45644) Margaret E. Morrow (145305) Anne M. Grignon (230355) Russell Mirkovich Morrow & Stein One World Trade Center Suite 1450 Long Beach, CA 90831-1450 562-436-9911 Fax: [phone] Email: [e-mail]

/s/ Edward M. Keech (Signed with permission) Edward M. Keech (48098) Fitzgerald Abbot & Beardsley LLP 1221 Broadway, 21st Floor Oakland, CA 94612-1837 510-451-3300 Fax: [phone] Email: [e-mail] Counsel for National Maritime Services, Inc. Substitute Custodian

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SO ORDERED this 15th day of July, 2005. __________________________________________ Claudia Wilken United States District Court

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