TCW Special Credits v. Fishing Vessel Chloe Z

Filing 1711

Order Adopting 1697 Report and Recommendations. The court finds that the Objections to the Magistrate Judge's Report and Recommendations are not well taken and they are hereby overruled. Accordingly, the Magistrate Judge's Report and Re commendations is hereby approved and adopted in its entirety. (related document(s): 1656 Motion for Order Requiring TCW Special Credits to Return Res to Court's Registry, 1704 Objection to Report and Recommendation). Signed by Chief Judge Frances M. Tydingco-Gatewood on 3/24/2009. (fad, )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TCW SPECIAL CREDITS, a California general partnership, as Agent and Nominee, Plaintiff, vs. F/V CHLOE Z, ...In Rem and CHLOE Z FISHING COMPANY, INC., ...In Personam, Defendants. ____________________________________ ROBERT MATOS and SLOBODAN PRANJIC, Plaintiffs-in-Intervention, vs. M/V CHLOE Z, et. al., Defendants. _____________________________________ Presently before the court is the Plaintiffs-in-Intervention Robert Matos and Slobodan Pranjic's ("Plaintiffs-in-Intervention") Motion for Order Requiring TCW Special Credits to Return Res to Court's Registry (the "Motion"). Docket No. 1656. The Magistrate Judge, Joaquin V.E. Manibusan, Jr. heard argument from counsel, reviewed the submissions and thereafter filed his Report and Recommendation on February 3, 2009. See Docket No. 1697. The Plaintiffs-in-Intervention filed Objections to the Report and Recommendation on February 18, 2009. See Docket No. 1704. Defendant M/V Chloe Z ("Chloe Z") and Plaintiff TCW ORDER RE: REPORT AND RECOMMENDATION REGARDING RETURN OF RES TO COURT'S REGISTRY Civil Case No. 96-00055 DISTRICT COURT OF GUAM TERRITORY OF GUAM

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Special Credits ("TCW") did not file Objections but did file Memoranda In Response to the Objections, respectively on February 27, 2009 and March 2, 2009. See Docket Nos. 1708 and 1709. Under 28 U.S.C. § 636(b)(1)(C) and Federal Rule of Civil Procedure 72(b), the court may accept, reject or modify in whole or in part the Magistrate Judge's recommendation, but must make a de novo determination as to any portion of the recommendation where an objection has been filed. Upon said review, the court finds that the Objections to the Magistrate Judge's Report and Recommendations are not well taken and they are hereby OVERRULED. Accordingly, the Magistrate Judge's Report and Recommendations is hereby APPROVED and ADOPTED in its entirety. SO ORDERED. /s/ Frances M. Tydingco-Gatewood Chief Judge Dated: Mar 24, 2009