Alaska Growth Capital BIDCO, Inc. v. Klawock Oceanside Inc

Filing 12

ORDER granting plaintiff's 9 Motion to Arrest Vessel by Judge Ricardo S Martinez. (Attachments: # 1 Arrest Warrant)(RS) cc cert copies to USMO

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THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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7. ALASKA GROWTH CAPITAL BIDCO, INC.,
an Alaska corporation,
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Plaintiff,
v.
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10. AKUTAN, Official Number 288598, its engines,
tackle, rigging, equipment, and other
11. appurtenances, etc., In Rem;

IN ADMIRALTY
Case No.: C17-0734 RSM
ORDER GRANTING ISSUANCE
OF ARREST WARRANT

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13. KLAWOCK OCEANSIDE, INCORPORATED,
a Washington Corporation, LAURENCE E.
14. LANG, an individual, CARSON V. LANG, an
individual, and MARY L. LANG, an individual,
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Defendants.
THIS MATTER comes before the Court on Plaintiff’s Renewed Motion for
Arrest of Vessel AKUTAN. Dkt. #9. On May 11, 2017, the Court denied Plaintiff’s first
Motion for Arrest of Vessel because no specific vessel location was provided. Dkt. #5 at
1. The Court also denied as moot Plaintiff’s related Motion for Substitute Custodian. Id.
at 2. The Court stated that “Nothing in this Order prevents Plaintiff from renewing its
motions once additional evidence that the Vessel is within the Court’s jurisdiction can be
provided.” Id. Plaintiff now files the instant “Renewed” Motion, which includes the
location of the vessel in question: Jacobson Terminals, 5350 30th Avenue NW, Seattle,
WA 98107. Dkt. #9 at 1; see also Dkt #10. This Motion is supported by a declaration of

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ORDER GRANTING ISSUANCE OF ARREST WARRANT - 1

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Buck Fowler, the person Plaintiff had previously requested serve as substitute custodian.
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Dkt. #10. The Court takes from this declaration Plaintiff’s clear intent to renew its
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request that Mr. Fowler serve as substitute custodian.
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The Court has reviewed the verified Complaint, along with the remainder of the
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record and hereby ORDERS:
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(1) Plaintiff’s Motion (Dkt. #9) is GRANTED.
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(2) The clerk shall issue a warrant for the arrest of the defendant vessel
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AKUTAN, Official Number 288598, its engines, tackle, rigging, equipment
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and other appurtenances, etc.
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(3) The Court will grant the relief requested in Plaintiff’s previously denied
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Motion for Substitute Custodian (Dkt. #3) in a parallel Order.
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DATED this 12th day of May, 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT
JUDGE

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ORDER GRANTING ISSUANCE OF ARREST WARRANT - 2