Free Order on Motion to Appoint Custodian - District Court of Delaware - Delaware

· Case 1 :06-cv-00015-GIVIS Document 5 Filed 01/06/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILMINGTON TUG, INC. n
Plaintiff CivilActionNo.:O6—cv— I
M/V CLARY, her engines, tackle, boilers, _— i E I I E ` I "
etc. in rem : I · . in Aa-- -
and , -..l¥‘-il " ?CT?TTC3 E
CLARY SHIPPING, in persomtzm i " l__
Defendants. I H
ORDER FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN
Plaintiff by and through their attorneys, Palmer Biezup & Henderson, LLP, having
appeared and requested that Ring Maritime Services, Inc./Taylor Marine Transport be appointed
as substitute custodian ofthe defendant vessel M/V CLARY (the "Vessel”), and Plaintiff having g
agreed to release the United States and the U.S. Marshal from any and all liability and
responsibility arising out of the care and custody of the Vessel from the time the Marshal I
transfers custody of said vessel over to the substitute custodian, and Plaintiff having further it
agreed to hold harmless and indemnily the United States and the Marshal from any and all claims
whatsoever arising out of the substitute custodian’s possession and safekeeping ofthe vessel, it
is by the United States District Court for this District hereby:

A Case 1:06-cv—00015-Gl\/IS Document 5 Filed 01/06/2006 Page 2 of 3
ORDERED, that the Clerk of Court issue a Warrant of Arrest for the vessel and that the i
United States Marshal for this District is hereby authorized and directed forthwith to seize said
vessel, her engines, tackle, boilers, etc., pursuant to said Warrant for arrest, and
ORDERED, that the United States Marshal for this District be authorized and directed
to surrender the possession and custody of the vessel to Ring Maritime Services, Inc./Taylor R
Marine Transport as substitute custodian, and it is further
ORDERED, that upon such surrender the Marshal shall be discharged from his duties and
responsibilities for safekeeping of the vessel and held harmless Brom any and all claims arising
whatever out of said substituted possession and safekeeping ofthe vessel, and it is further
ORDERED, that said vessel shall remain in the custody of the substitute custodian
pending further order of this Court, and it is further 1
ORDERED, that so long as the vessel is under arrest, it shall not move or leave the
waters of this District without the prior approval of this Court, unless an emergency arises, but
may move to an appropriate anchorage or other location within the District with the permission
of Plaintiff’ s counsel, and that the vessel shall be permitted to commence and/or conduct cargo
operations within the District relating to the vessel’s call at the Port of Wilmington, and it is -
further
ORDERED that the United States Marshal shall serve a copy of this Order, the said
Warrant of Arrest and a copy ofthe Surnmons and Complaint upon the Master, or other ranking l
officer or caretaker ofthe vessel, and shall make due and prompt return.
pair 120002.2
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· Case 1:06-cv—00015-G|\/IS Document 5 Filed 01/06/2006 Page 3 0f 3
United States Disgct Judge
Dated: I Qu (Ob
PBH: tauaozz
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