Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv—01402—KAJ Document 35 Filed 04/07/2005 Page 1 of 2 ;
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ENGINE DYNAMICS INC., et al., CIVIL ACTION
Plaintiff : NO. 04~CV—1402
: STIPULATION AND
M/Y LONG ISLAND LADY : ORDER TO RELEASE
Defendant. : VESSEL FROM ARREST
: AND DISMISS CASE
WHEREAS, the M/Y LONG ISLAND LADY (the Vessel) was arrested pursuant to the
Order of this Court by the United States Marshal for the District of Delaware on November 4, 2004,
and
WHEREAS, the Owner of the defendant Vessel has settled all disputes with Plaintiffs and
Plaintiffs have agreed to release all in rem claims against the Vessel, and
WHEREAS, Plaintiffs warrant that there are now and will be no charges to the U.S. Marshal
by reason of the fact that the Vessel has been berthed at Plaintiffs’ facility in while under this arrest,
and
WHEREAS, the parties hereby stipulate and agree that the fees and expenses of the U.S.
Marshal may be deducted by him from the deposit heretofore provided to him by the Plaintiffs,
now, therefore,
On application of Plaintiffs attorneys, consented to by the owner’s representative of
Defendant M/Y Long Island Lady, it is
ORDERED, that on satisfaction of the U.S. Marshal’s fees and expenses from the Plaintiff’s
deposit, the U.S. Marshal is directed to forthwith release the M/Y LONG ISLAND LADY from
arrest; and it is further

Case 1:04-cv—01402—KAJ Document 35 Filed 04/07/2005 Page 2 of 2 ;
ORDERED that the case is hereby dismissed. Each Paity shall bear their own fees and
costs.
Dated: Wilmington, Delaware
April 1, 2005
KENT A. JORDAN
UNITED STATES DISTRICT IUDGE
We consent to the entry of the foregoing order.
LAW OF PETER E. HEESS
Peter Hess (No. 2298) V
Three Mill Road, Suite 303
Wilmington, DE 19806
Attorney for Plaintiffs Engine Dynamics,
Inc. and Summit North Marine, Inc.
THE BAYARD FIRM
Cheryl Siskin (No. 3437)
Gary F. Seitz (No. 4457)
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 1.9899
Attorneys for Defendant M/Y Long Island Lady
576137v3 2