Opinion
Case No.: 12-cv-1834-MCE-KJN
07-13-2012
KTB OIL CORPORATION, Plaintiff, v. M/V CIELO DI TOKYO, Defendant.
KAYE, ROSE & PARTNERS, LLP Bradley M. Rose, Esq. (126281) Frank C. Brucculeri, Esq. (137199) Daniel F. Berberich, Esq. (215946) Ron K. Losch, Esq. (98170) Attorneys for Plaintiff KTB OIL CORPORATION
KAYE, ROSE & PARTNERS, LLP
Bradley M. Rose, Esq. (126281)
Frank C. Brucculeri, Esq. (137199)
Daniel F. Berberich, Esq. (215946)
Ron K. Losch, Esq. (98170)
Attorneys for Plaintiff
KTB OIL CORPORATION
IN ADMIRALTY
[PROPOSED] ORDER TO
RELEASE VESSEL M/V CIELO
DI TOKYO IN THE CUSTODY
OF THE U.S. MARSHAL OR
SUBSTITUTE CUSTODIAN
FROM ATTACHMENT, AND
REGARDING THE HOLDING
OF SECURITY
THE COURT HAVING REVIEWED THE PLAINTIFF'S CONSENT TO RELEASE PROPERTY FROM ATTACHMENT;
NOW THEREFORE IT IS HEREBY ORDERED:
1. THE ARREST OF THE VESSEL M/V CIELO DI TOKYO IS HEREBY AND IMMEDIATELY VACATED;
2. THE ARREST ORDER, THE ATTACHMENT ORDER, THE CUSTODIAN ORDER, AND THE MARSHAL ORDER (THE "ORDERS") ARE HEREBY IMMEDIATELY VACATED;
3. THE SUBSTITUTE CUSTODIAN, THE UNITED STATES MARSHAL, AND THE UNITED STATES ARE RELIEVED FROM ANY AND ALL RESPONSIBILITIES CONFERRED BY THE ORDERS WITH RESPECT TO THE M/V CIELO DI TOKYO; AND
4. THE SECURITY IN THE FORM OF CASH FUNDS IN ESCROW IN THE AMOUNT OF US$215,000 SHALL BE HELD PURSUANT TO THE ESCROW AGREEMENT ENTERED INTO BY PLAINTIFF AND SK SHIPPING CO., LTD. AND DATED JULY 13, 2012, AN EXECUTED COPY OF WHICH CAN BE FOUND ON THE COURT'S DOCKET AT DOCUMENT 11-1.
IT IS SO ORDERED.
_________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
KJN:nkd
See Rule E(5)(a) of the Suppl. Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.