Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01402-KAJ Document 33-5 Filed O3/29/2005 Page 1 of 2 I
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ENGINE DYNAMICS INC., et al., CIVIL ACTION
: NO. 04—CV~l402(KAJ)
M/Y LONG ISLAND LADY
QEDEE
Upon consideration of the Motion To Vacate Arrest, Post Security and to Set Briefing
Schedule, tiled by Anthony Morelli, as owner of M/Y Long Island Lady (the "Vessel"), it is
hereby ORDERED that the Motion is GRANTED and it further ORDERED that:
Mr. Morelli on behalf of M/Y Long Island Lady shall post bond or other security in the
amount of $1,000 for claims presented by Engine Dynamics, Inc. ("EDI");
Mr. Morelli on behalf of M/Y Long Island Lady shall post bond or other security in the
amount of $1,000 for claims presented by Summit North Marine, Inc. ("Summit”);
The day after the security is posted by Mr. Morelli for claims brought by EDI and
Summit, the Vessel shall be released from arrest;
Plaintiffs, EDI and Summit shall allow Mr. Morelli and/or his agent(s) access to the
Vessel to conduct an inspection within (3) business days of this Order. EDI and Summit and
their agent(s) can be present (but may not interfere with) for the inspection. Within (10) business
days, the parties may submit evidence for and against the amount of countersecurity to be posted
by EDI and Summit. Within (5) business days of my ruling on the motion for countersecurity, if
countersecurity is ordered to be posted, EDI and Summit shall post a bond or other security. In

Case 1:04-cv-01402-KAJ Document 33-5 Filed O3/29/2005 Page 2 of 2 i
the event that EDI and Summit do not post such countersecuiity, the security posted by Mr.
Morelli shall be retumed to Mr. Morelli.
The parties shall submit findings of fact and conclusions of law by . Reply
submissions (if any) are due by .
Dated , 2005
KENT A. JORDAN
UNITED STATES DISTRICT JUDGE
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