Barnes v. Sea Hawaii Rafting, LLC et al

Filing 388

ORDER AUTHORIZING ISSUANCE OF WARRANT FOR MARITIME ARREST re 380 - Signed by JUDGE ALAN C. KAY on 8/1/2018. (emt, )COURT'S CERTIFICATE of Service - Kris Henry, aka Kristin Kimo Henry shall be ser ved by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 1, 2018. Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
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)
)
Plaintiff,
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)
v.
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)
SEA HAWAII RAFTING, LLC, )
KRIS HENRY, M/V TEHANI, )
et al.
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Defendants.
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)
CHAD BARRY BARNES,

Civ. No. 13-00002 ACK-RLP

ORDER AUTHORIZING ISSUANCE OF WARRANT FOR MARITIME ARREST
Upon reviewing the Second Amended Complaint, Errata
Second Amended Complaint, and supporting papers, 1 and good cause
appearing therefor, it is hereby:
ORDERED that the Clerk issue a warrant of arrest
pursuant to Supplemental Admiralty and Maritime Claims Rule C of
the Federal Rules of Civil Procedure; and it is further
ORDERED that any person claiming an interest in the
property arrested pursuant to said order shall, upon a showing
of any improper practice or a manifest want of equity on the
part of Plaintiff, be entitled to an order requiring Plaintiff

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The Court has also reviewed the Ninth Circuit’s decision in
Barnes v. Sea Hawaii Rafting, LLC, 889 F.3d 517 (9th Cir. 2018).
The Ninth Circuit in Barnes stated that this Court “did not lose
in rem jurisdiction while the Tehani remained in its
constructive custody. And the court’s control over the vessel,
once obtained, was exclusive.” 889 F.3d at 524.
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to show cause forthwith why the arrest should not be vacated or
other relief granted; and it is further
ORDERED that a copy of this Order be attached and
served with the said warrant of arrest.
DATED:

Honolulu, Hawaii, August 1, 2018.

________________________________
Alan C. Kay
Sr. United States District Judge

Barnes v. Sea Hawaii Rafting, LLC, Kris Henry, M/V Tehani, et al., Civ. No.
13-00002 ACK-RLP, Order Authorizing Issuance of Warrant for Maritime Arrest.

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