Smith v. The Abandoned Vessel

Filing 7

Unopposed MOTION for Extension of Time Publication by Nathan Smith, filed. Motion Docket Date 6/12/2007. (Attachments: # 1 Proposed Order)(McKendree, Jay)

Smith v. The Abandoned Vessel

Doc. 7

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION NATHAN SMITH VS. THE ABANDONED VESSEL, in rem § § § § §

CIVIL ACTION NO. 4:07-00784

ADMIRALTY

UNOPPOSED MOTION TO EXTEND PUBLICATION DATE TO THE HONORABLE JUDGE OF THIS COURT: COMES NOW, Nathan Smith ("Smith") in this cause of action for Ownership And/Or Title to Unknown Abandoned Vessel and moves for the Court to extend the date for publication in this matter. On May 4, 2007, this Court granted Smith's Motion for Initial Order. The Order required, inter alia, that public notice of the action be published by the United States Marshal in the Houston Chronicle once a week for four consecutive weeks starting on May 7, 2007. Unfortunately, the publication did not occur. Accordingly, Smith requests that the Court extend the date for publication with such notice being first published in the Houston Chronicle on May 28, 2007 and continuing once per week thereafter for four consecutive weeks. In conjunction with the extension of publication, the deadline for claims and objections must also be extended until June 25, 2007 with such being reflected in the publication notice. The Motion to Extend is filed as unopposed as no other parties have appeared in this matter as of the filing of this motion. WHEREFORE, PREMISES CONSIDERED, Nathan Smith respectfully request that the notice of publication deadline and deadline to file claims be extended. Smith also requests for such

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other relief to which he may be entitled.

Respectfully submitted, KILLEEN & STERN, P.C.

By: /s/ Jay A. McKendree Robert J. Killeen, Jr. Texas Bar No. 11407000 Federal Bar No. 12343 8 Greenway Plaza, Suite 614 Houston, Texas 77046 713/626-5100 713/626-4545 - Fax ATTORNEY FOR COMPLAINANTS, PENN ATB, INC. AND PENN MARITIME, INC. OF COUNSEL: Killeen & Stern, PC Jay A. McKendree Texas Bar No. 24013141 Federal Bar No. 24615 8 Greenway Plaza, Suite 614 Houston, Texas 77046 713/626-5100 - Telephone [phone] - Facsimile Robert C. Stern Texas Bar No. 24053637 Federal Bar No. 584037 400 Poydras Street, Suite 1710 New Orleans, Louisiana 70130 504/525-8111 - Telephone [phone] - Facsimile

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this pleading has not been forwarded to any other party as no other parties have made a claim in this action.

/s/ Jay A. McKendree Jay A. McKendree

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