Free Order - District Court of California - California

Case 3:07-cv-02266-LAB-CAB

Document 23

Filed 05/20/2008

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1 2 3 4 5 6 7 8 9 10 11 12 v. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On May 16, 2008, Plaintiff Kenneth Lee Erickson, in pro se, submitted an Ex Parte Application for an Order Issuing a Warrant of Arrest of Defendant vessel CR 6290 TJ ("the Vessel"). The Vessel is claimed as security on the Plaintiff's maritime tort claim. On April 4, 2008, Plaintiff and counsel for Hansen Dock and Mooring Services, LLC ("Hansen"), the owner of the Vessel, agreed that a warrant of arrest would not be necessary, as Hansen agreed not to move the Vessel from this judicial district, not to convey it to another party or encumber it with any liens or other obligations during the pendency of this lawsuit. On May 15, 2008, Plaintiff discovered that Hansen was engaged in an effort to sell the Vessel via an internet listing and therefore moved this court ex parte for a warrant of arrest. On May 19, 2008, during a scheduled Case Management Conference, counsel for Hansen informed the Court that the offer for sale was in error and the listing would be removed and that his client understands his obligations to maintain custody of the Vessel pending a Court CF 6290 TJ, a barge, STANLEY J. KOTT, an individual and doing business as KOTT CONSTRUCTION, Defendants. KENNETH LEE ERICKSON, Plaintiff, Civil No. 07cv2266-LAB (CAB) ORDER REGARDING ARREST OF DEFENDANT VESSEL CR 6290 TJ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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Case 3:07-cv-02266-LAB-CAB

Document 23

Filed 05/20/2008

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order to the contrary. To confirm that representation, Hansen is HEREBY ORDERED to provide the Court with a declaration, no later than May 23, 2008, stating that (1) the offer to sell the Vessel has been removed from any and all internet sites; (2) that Hansen will not move the Vessel from this judicial district; and (3) that Hansen will not convey the Vessel to another party or encumber it with any liens or obligations during the pendency of this lawsuit. If Hansen, as owner of the Defendant Vessel does not timely confirm this obligation, the Court will enter an Order Issuing a Warrant of Arrest of the Defendant Vessel. IT IS SO ORDERED.

DATED: May 19, 2008

CATHY ANN BENCIVENGO United States Magistrate Judge

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