Free Remark - District Court of Delaware - Delaware

‘ Case 1 :06-cv-00015-GIVIS Document 2 Filed 01/06/2006 Page 1 of 3
UNITED STATES DISTRICT COURT i
FOR THE DISTRICT OF DELAWARE
WILMINGTON TUG, INC. :
Z __,-J
Plaintiff : Civil Action No.: 06-cv- {
v. :
MfV CLARY, her engines, tackle, boilers, 2
etc. in rem : . C
and :
CLARY SHIPPING, in personczm :
Defendants. 1
SUMMONS AND WARRANT FOR ARREST OF VESSEL
TO THE UNITED STATES MARSHAL OF THE DISTRICT OF DELAWARE —
GREETINGS:
WHEREAS a Verified Complaint in Admiralty has been filed in the United States i
District Court for the District of Delaware on January 6, 2006, against the MN CLARY (the
Vessel), her engines, tackle, equipment and fumishings, etc., asserting a maritime claim in rem g L
for negligence; and
Psa; is0s02.z
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= Case 1:06-cv—00015-Gl\/IS Document 2 Filed 01/06/2006 Page 2 of 3
WHEREAS an Order has been entered directing that a Warrant for the arrest of the
Vessel be issued and delivered to you for execution pursuant to Rule C of the Supplemental
Rules for Certain Admiralty and Maritime Claims;
YOU ARE THEREFORE COMMANDED to forthwith arrest the Vessel, her engines, -
equipment, tackle, equipment and furnishings, etc., and to detain the same until further order of
this Court, and that you promptly after execution of this process file same in this Court with your
return thereon; and
YOU ARE FURTHER COMMANDED to forthwith serve this Warrant, a copy ofthe
Order directing the issuance of this Warrant, and a copy of the Verified Complaint upon the
Master or other ranking office or caretaker of the Vessel, making due and prompt return upon
execution of this process. ;
The said defendant is hereby summoned and required to serve upon counsel for the
plaintiffs herein an Answer to the Complaint within twenty (20) days after service of this
Summons; however, in the event that the Warrant of Arrest is executed, any person claiming an
interest in or to the M/V CLARY shall file a verified statement of ri ght or interest within ten (10)
days after process has been executed, and shall serve an Answer to the Complaint within twenty p `
(20) days thereafter. ·
Issued this [db day of Qi EM MF , 2006. A
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= Case 1:06-cv—00015-Gl\/IS Document 2 Filed 01/06/2006 Page 3 of 3
Clerk, United States District Court C C
BY;
JK`] Deputy Clerk
Any person who asserts a right of possession or any ownership interest in the Vessel, her
engines, equipment, tackle, equipment and furnishings, etc. must file a verified statement of right
or interest with the Clerk of Court and answer or except to the Verified Complaint within the
times prescribed by Rule C(6)(b) ofthe Supplemental Rules for Certain Admiralty and Maritime
Claims; otherwise an lnterlocutory or Final Judgment may be entered as proper. p
Attorneys for Plaintiff Wilmington Tug, Inc.;
A Michael B. McCauley, Esq.
Delaware Bar# 2416
1223 Foulk Road
Wilmington, DE 19803 j
(302) 594-0895
pun; mom.;
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