SHM Loch Lomond, LLC v. That Certain 1947 Chris Craft Motor Yacht of Approximately 46-Feet in Length

Full title: SHM LOCH LOMOND, LLC, dba SAFE HARBOR LOCH LOMOND Plaintiff, v. THAT…

Court: United States District Court, Northern District of California

Date published: May 13, 2024

3:24-cv-2215-AGT (N.D. Cal. May. 13, 2024)

Opinion

3:24-cv-2215-AGT

05-13-2024

SHM LOCH LOMOND, LLC, dba SAFE HARBOR LOCH LOMOND Plaintiff, v. THAT CERTAIN 1947 CHRIS CRAFT MOTOR YACHT OF APPROXIMATELY 46-FEET IN LENGTH, U.S. COAST GUARD OFFICIAL NO. 255464, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES, in rem, Defendant.

BRODSKY MICKLOW BULL & WEISS, L.L.P. Philip E. Weiss, Esq. (No. 152523) Edward M. Bull III, Esq. (No. 141996) Attorneys for Plaintiff SHM Loch Lomond, LLC, dba Safe Harbor Loch Lomond

BRODSKY MICKLOW BULL & WEISS, L.L.P.

Philip E. Weiss, Esq. (No. 152523)

Edward M. Bull III, Esq. (No. 141996)

Attorneys for Plaintiff SHM Loch Lomond, LLC, dba Safe Harbor Loch Lomond

IN ADMIRALTY

WARRANT FOR ACTION IN REM

F.R.C.P. SUPPLEMENTAL ADMIRALTY RULES C AND E.

46 U.S.C. SECTIONS 30101-31343

TO THE UNITED STATES MARSHAL FOR THE NORTHERN DISTRICT OF CALIFORNIA:

WHEREAS a Verified Complaint has been filed in this Court in the above-entitled action against that certain 1947 Chris Craft Motor Yacht of Approximately 46-Feet in Length, U.S. Coast Guard Official No. 255464, All of Her Engines, Tackle, Accessories, Equipment, Furnishings and Appurtenances (the "DEFENDANT VESSEL") upon an admiralty and maritime claim asserted by PLAINTIFF in a total amount of not less than $80,040.00, plus wharfage fees that additionally accrue through the date of the arrest of the DEFENDANT VESSEL, plus prejudgment interest, and costs of suit herein, and together with all other amounts which have been or are required to be disbursed by PLAINTIFF for the care, insuring, preservation, storage and mooring of the DEFENDANT VESSEL, and all other advances, expenses, fees, costs and disbursements by PLAINTIFF, together with post-judgment interest at the maximum statutory rate, for the reasons and causes therein stated, and praying for process of warrant for the arrest of said DEFENDANT VESSEL and her appurtenances, and that all persons with an interest in the DEFENDANT VESSEL or her appurtenances be cited to answer, and that the DEFENDANT VESSEL and her appurtenances may for the causes in the said Verified Complaint be condemned and sold to pay the demands of the PLAINTIFF.

YOU ARE HEREBY COMMANDED to seize the DEFENDANT VESSEL and her appurtenances, and to detain the same in your custody, or in the custody of an authorized Substitute Custodian, until the further Order of the Court respecting the same, and to give due public notice that claims of persons entitled to possession must be filed with the District Court and served upon the attorney for PLAINTIFF within fourteen (14) days after publication; that Answers to the Verified Complaint must be filed and served within twenty-one (21) days after the filing of the claim, or within such additional time as may be allowed by a Judge; that in lieu of an Answer, default may be noted and condemnation ordered; and that applications for intervention under Rule 24, Fed. R. Civ. P., by persons claiming maritime liens or other interests may be untimely if not filed within the time allowed for claims to possession.

YOU ARE FURTHER COMMANDED to file this process in this Court with your return thereon promptly after execution thereof, and to mail a copy thereof to the attorney at whose request the execution was effected.