Opinion
Case No.: 12-cv-1834-MCE-KJN
07-12-2012
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
IN ADMIRALTY
EX PARTE ORDER
(1) AUTHORIZING ISSUANCE OF
W ARRANT OF ARREST OF
VESSEL; (2) DIRECTING MANNER
OF NOTICE OF SUIT; AND (3)
APPOINTING SUBSTITUTE
CUSTODIAN
Upon reading the Verified Complaint of KTB OIL CORPORATION, herein for issuance of a warrant for arrest of the vessel M/V CIELO DI TOKYO, the Request for Review In Accordance With Rule C of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture, Federal Rules of Civil Procedure and Local Admiralty ("Supplemental Admiralty Rules"), and the court finding that the conditions for the action in rem under Supplemental Admiralty Rule C appear to exist: NOW, THEREFORE, it is this 12th day of July 2012:
ORDERED that the clerk is authorized to issue an Order and Warrant For Arrest In Rem as prayed for in the Verified Complaint; and it is further ORDERED that any person claiming any interest in the property arrested pursuant to said Order shall, upon application to the Court, be entitled to prompt hearing pursuant to Rule E(4)(f) of the Supplemental Admiralty Rules upon written notice to plaintiff, by and through their attorneys of record, at which time plaintiff shall be required to show why the arrest should not be vacated or other relief granted; and it is further
ORDERED that if the property arrested is not released within fourteen (14) days after execution of process, the plaintiff shall promptly cause public notice of the action and arrest to be given by publishing the Notice of Action In Rem and Arrest attached hereto and found on the court's docket as Document 8-2, once in the Sacramento Daily Recorder, a newspaper of general circulation in the district; and it is further
ORDERED that pursuant to Local Rule 550(a) and (c), National Maritime Services, Inc., is appointed as the Substitute Custodian in place of the United States Marshal for the period of the pendency of custodia legis of the Vessel; and it is further
ORDERED that a copy of this Order be attached to and served with the Order and Warrant for Arrest.
IT IS SO ORDERED.
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE