Capital Crossing Bank v. Minor et al

Filing 4

ORDER denying without prejudice request for issuance of warrant for arrest Signed by Judge Mark A. Pizzo on 4/20/2006. (DK)

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Capital Crossing Bank v. Minor et al Doc. 4 Case 8:06-cv-00660-SCB-MAP Document 4 Filed 04/20/2006 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN ADMIRALTY CAPITAL CROSSING BANK, Plaintiff, v. ROBERT L. MINOR and MARIE E. MINOR, Defendants in personam, and M/Y Y KNOT, Defendant in rem. ______________________________________/ ORDER DENYING WITHOUT PREJUDICE ISSUANCE OF WARRANT FOR ARREST Before the Court is Capital Crossing Bank's complaint with request for issuance of warrant in rem for arrest of vessel- foreclosure of U.S. preferred ships mortgage (doc. 1). Local Rule 7.01(e) requires every complaint filed pursuant to Supplemental Rules (B), (C) and/or (D) to be verified on oath or solemn affirmation by a party, or an officer of a corporate party, or by an agent, attorney-infact, or attorney of record if a party or corporate officer is not within the district. In deciding whether to issue a warrant for arrest in rem, Local Rule 7.03(b)(1) requires a judicial officer to first review the verified complaint and any other relevant papers prior to issuing the warrant of arrest in rem. Despite the complaint's caption, Plaintiff has failed to prepare a warrant of arrest and/or summons as required by Local Rule 7.03(b)(3). See MDF 703 (Local Rule 7.03(b)(3) requires the warrant of arrest to substantially conform in format and content to this form). Furthermore, in most instances the request for issuance of warrant is accompanied by a motion for appointment of a substitute custodian who can take custody of the vessel, cargo and other property arrested or attached at a cost substantially less than presently required by the Marshal. See Local Rule CASE NO.: 8:06-cv-660-T-24MAP Case 8:06-cv-00660-SCB-MAP Document 4 Filed 04/20/2006 Page 2 of 2 7.03(k)(3). Accordingly, for the reasons set forth herein, it is hereby ORDERED: 1. Plaintiff's request for issuance of warrant in rem for arrest of vessel is DENIED without prejudice. DONE AND ORDERED in chambers at Tampa, Florida on this 20th day of April, 2006. Copies to: Counsel of Record 2

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