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OCTAVIAN MARKA LLC v. MARKA SHIPPING LTD., CV-13-2863-SC. (2013)

Court: District Court, N.D. California Number: infdco20130701705 Visitors: 5
Filed: Jun. 28, 2013
Latest Update: Jun. 28, 2013
Summary: STIPULATED APPLICATION FOR AN ORDER; [PROPOSED] ORDER RESTRICTED APPEARANCE PURSUANT TO F.R.C.P. SUPPLEMENTAL ADMIRALTY RULE E(8)] SAMUEL CONTI, District Judge. Interested Party PANAMAX INTERNATIONAL (P.I.) ("PANAMAX") and Plaintiff OCTAVIAN MARKA LLC ("OCTAVIAN") (collectively, "the Parties"), by and through their respective counsel, hereby stipulate as follows: WHEREAS, OCTAVIAN is the owner of the vessel M/T MARKA (IMO NO. 9512484) ("M/T MARKA"); WHEREAS, on June 20, 2013 OCTAVIAN
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STIPULATED APPLICATION FOR AN ORDER; [PROPOSED] ORDER

RESTRICTED APPEARANCE PURSUANT TO F.R.C.P. SUPPLEMENTAL ADMIRALTY RULE E(8)]

SAMUEL CONTI, District Judge.

Interested Party PANAMAX INTERNATIONAL (P.I.) ("PANAMAX") and Plaintiff OCTAVIAN MARKA LLC ("OCTAVIAN") (collectively, "the Parties"), by and through their respective counsel, hereby stipulate as follows:

WHEREAS, OCTAVIAN is the owner of the vessel M/T MARKA (IMO NO. 9512484) ("M/T MARKA");

WHEREAS, on June 20, 2013 OCTAVIAN filed a Verified Complaint seeking a Warrant of Arrest against the M/T MARKA pursuant to the Federal Rules of Civil Procedure, Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Rule D;

WHEREAS, on June 20, 2013, this Court issued a Warrant of Arrest pursuant to which the M/T MARKA was arrested;

WHEREAS, Defendant MARKA SHIPPING LTD. is the bareboat charterer of the M/T MARKA and has not appeared in this action or otherwise made a claim;

WHEREAS, on June 25, 2013, Interested Party PANAMAX made a special appearance by filing a Verified Statement of Interest stating that it is, among other things, the time-charterer of the M/T MARKA and owner of bunker fuel aboard the vessel; and

WHEREAS, the Parties wish to commission a joint bunker survey in order to determine the precise amount of fuel aboard the M/T MARKA and the amount consumed during its arrest (the "Survey"), and seek an Order from the Court permitting a surveyor to attend onboard the M/T MARKA to conduct the Survey with the cost split evenly between the Parties. The purpose of the Survey is to determine quantity only, and no bunkers or other materials will be removed from the vessel.

[PROPOSED] ORDER

Based on the foregoing Stipulation and good cause appearing, IT IS HEREBY ORDERED THAT:

1. At their mutual expense, PANAMAX INTERNATIONAL (P.I.) and OCTAVIAN MARKA LLC may commission a joint bunker survey to determine the precise amount of fuel aboard the M/T MARKA and the amount consumed during its arrest (the "Survey"). 2. A surveyor will be permitted to attend onboard the M/T MARKA to conduct the Survey.

IT IS SO ORDERED.

Source:  Leagle

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