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RiverBank v. Bye, C18-0387RSM. (2018)

Court: District Court, D. Washington Number: infdco20180316g37 Visitors: 23
Filed: Mar. 15, 2018
Latest Update: Mar. 15, 2018
Summary: ORDER FOR ISSUANCE OF WARRANT FOR MARITIME ARREST. AT LAW AND IN ADMIRALTY RICARDO S. MARTINEZ , Chief District Judge . This matter having come upon the motion of Plaintiff pursuant to 46 U.S.C. 31320-31325, Fed. R. Civ. P. 9(h), and Supplemental Rule for Admiralty and Maritime Claims and Asset Forfeiture Actions C(3), and the Court, having considered the records and files herein, and having concluded that the conditions for an action an action in rem appear to exist, now therefore it
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ORDER FOR ISSUANCE OF WARRANT FOR MARITIME ARREST.

AT LAW AND IN ADMIRALTY

This matter having come upon the motion of Plaintiff pursuant to 46 U.S.C. §§ 31320-31325, Fed. R. Civ. P. 9(h), and Supplemental Rule for Admiralty and Maritime Claims and Asset Forfeiture Actions C(3), and the Court, having considered the records and files herein, and having concluded that the conditions for an action an action in rem appear to exist, now therefore it is

ORDERED that the immediate issuance of a warrant for the arrest of defendant vessel, the ROCK A BYE, Official Number 1152013, is authorized; and it is further

ORDERED that the Clerk shall immediately issue a warrant for maritime arrest of the vessel; and it is further

ORDERED that any person claiming an interest in the property arrested pursuant to said order shall, upon application to the court, be entitled to a prompt hearing at which the plaintiff shall be required to show why the arrest should not be vacated or other relief granted; and it is further

ORDERED that a copy of this Order be attached to and served with the said warrant for maritime arrest.

WARRANT FOR MARITIME ARREST

TO THE UNITED STATES MARSHAL: GREETINGS

WHEREAS a Verified Complaint has been filed in this court in the above-entitled action against the defendant vessel ROCK A BYE, Official No. 1152013, in rem upon an admiralty and maritime claim for the foreclosure of a preferred ship mortgage and for possession and delivery of Vessel, for the reasons and causes therein stated and praying for process of warrant for the arrest of said Vessel and her appurtenances, and that all persons interested in the said Vessel and her appurtenances may be cited to answer the premises, and that the said vessel and her appurtenances may for the causes in the said Complaint be sold to pay the demands of the Plaintiff.

WHEREAS, this Court, after due consideration has signed an Order for Issuance of a Warrant for Maritime Arrest. Based on the foregoing,

YOU ARE HEREBY COMMANDED to arrest the said Vessel and her appurtenances, and to detain the same in your custody until the further order of the Court respecting the same, and to give due notice to all persons claiming the same or having anything to say why the same should not be sold pursuant to the prayer of the said Complaint, that they must file their verified statements of right or interest with the Clerk of this Court within 14 days after execution of this process, or within such additional time as may be allowed by the Court, and must serve their answers within 21 days after the filing of their statements.

YOUR ARE FURTHER COMMANDED to file this process in this Court with your return promptly after execution thereof.

Source:  Leagle

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