Intermarine, Inc. v. Baker et al

Filing 78

ORDER granting 70 Motion to Conduct Survey. Signed by Judge William J. Zloch on 9/8/2008. (bc)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-61607-CIV-ZLOCH INTERMARINE, INC., Plaintiff, vs. THOMAS BAKER, in personam, LINDA BAKER, in personam, SUN BENGAL, O/N 1117103, all her rigging, tackle, apparel, furniture, engines, nets, fishing gear, and all other necessaries thereunto appertaining and belonging, in rem, Defendants. / BANK OF AMERICA, N.A. Intervening Plaintiff, vs. THOMAS BAKER, in personam, LINDA BAKER, in personam, SUN BENGAL, O/N 1117103, all her rigging, tackle, apparel, furniture, engines, nets, fishing gear, and all other necessaries thereunto appertaining and belonging, in rem, Defendants. / THIS MATTER is before the Court upon Intervening Plaintiff Bank of America's Unopposed Motion For Leave To Conduct Survey On M/V Sun Bengal (70). The Court has carefully reviewed said Motion ORDER

and the entire court file and is otherwise fully advised in the premises. On or about July 2, 2008, a fire occurred on board the M/V Sun Bengal. Bank of America therefore seeks to conduct a survey to

determine the cause of the fire. Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows: 1. That Intervening Plaintiff Bank of America's Unopposed Motion For Leave To Conduct Survey On M/V Sun Bengal (70) be and the same is hereby GRANTED; and 2. By noon on Monday, September 22, 2008, Richard Peterson, C.F.I., C.F.E.I., 3340 N.W. 53rd St. Suite 402, Fort Lauderdale, FL 33309, shall be permitted access to the M/V Sun Bengal for the purpose of conducting a survey to determine the cause of the fire on the vessel, at a time and date agreed upon by Mr. Peterson and the substitute custodian, Intermarine, Inc. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 8th day of September, 2008.

WILLIAM J. ZLOCH United States District Judge Copies furnished: All Counsel of Record

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