Oasis Boat Yard and Marina v. The Vessell, Das Xadwv

Filing 6

ORDER granting 4 Motion for Issuance of Warrant for Arrest In Rem. Any person claiming an interest in the arrested property shall, upon application to the Court, be entitled to a prompt hearing at which plaintiff shall be required to show why arrest should not be vacated or other relief granted. Signed by Judge William T. Moore, Jr on 2/9/2015. (loh)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

OASIS BOAT YARD AND MARINA,
V.

THE VESSEL, DAS XADWV, her
engines, tackle, apparel,
furniture and furnishings,
equipment, and appurtenances,
in rem,

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CASE NO. CV4 15-024

CA

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Defendant.

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ORDER
On February 2, 2015,

Plaintiff filed its Verified

1c

omplaint

(Doc. 1) as well as a Motion for Warrant for Arrest in Rem (Doc.
4). In its motion, Plaintiff requests the issuance of a warrant
of arrest pursuant to Supplemental Rule C for Certain Admiralty
and Maritime Claims of the Federal Rules of Civil Procedure' for
the Defendant Vessel, Das Xadwv, as well as "her boats, tackle,
apparel and furniture, engines and appurtenances." (Id. at 1.)
The complaint also states that the Defendant Vessel is currently

1

Plaintiff also purports to make the request "[Un accordance
with . . . Local Admiralty Rule 7.03" and includes a notice,
presumably intended for inclusion in the warrant of arrest,
detailing how a party could claim an interest in the vessel
following arrest. While it is not entirely, clear, Plaintiff
appears to be referencing the Middle District of Florida's local
rules. As these rules are not applicable to this Court, the
Warrant for Arrest shall comply with this Southern District of
Georgia's local rules.

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located in the Southern District of Georgia at Thunderbolt
Marina in Savannah, Georgia.
Upon examining Plaintiff's Verified Complaint, the Court
finds that the conditions for an action under Supplemental
Admiralty Rule C and Rule E appear to exist. Accordingly,
Plaintiff's Motion (Doc. 4) is GRANTED and the Clerk of Court is
DIRECTED to issue the Warrant of Arrest in this action.
Supplemental process enforcing the Court's Order may be issued
by the Clerk of Court upon application without further order of
the Court. Plaintiff shall be responsible for paying all
expenses associated with the arrest and custody of the vessel
while under arrest. 2 It is also ORDERED that any person claiming
an interest in the arrested property shall, upon application to
the Court, be entitled to a prompt hearing at which Plaintiff
shall be required to show why the arrest should not be vacated
or other relief granted.
SO ORDERED this

7

day of February 2015.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

2

Alternate arrangements may be made if Plaintiff wishes to
proceed with a private custodian. Plaintiff is encouraged to
discuss this matter with the U.S. Marshal.