California Yacht Marina - Cabrillo. LLC v. M Y Flash Gordon et al
Plaintiff: California Yacht Marina Cabrillo llc and California Yacht Marina-Cabrillo, LLC
Defendant: M/Y Flash Gordon, M/Y Jovita, M Y Flash Grodon and M Y Jovita
Case Number: 2:2023cv06900
Filed: August 22, 2023
Court: US District Court for the Central District of California
Presiding Judge: R Gary Klausner
Referring Judge: Margo A Rocconi
Nature of Suit: Contract: Marine
Cause of Action: 46 U.S.C. ยง 0953 Foreclosure on Maritime Lien
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2023 Filing 33 PROCESS RECEIPT AND RETURN (USM-285) of Turnover to Sub-Custodian. Remarks: No. of DUSMS: 1; No. of hours for all DUSMS: 1; No. of roundtrip miles for all vehicles: 0. (jp)
September 15, 2023 Filing 32 PROCESS RECEIPT AND RETURN (USM-285) of In Rem Vessel Seizure. Remarks: Endeavor No. 1, 9/14/2023; Unable to 10 Vessel; No. of DUSMS: 1; No. of hours for all DUSMS: 2; No. of round trip miles for all vehicles: 52. (jp)
September 15, 2023 Filing 31 PROCESS RECEIPT AND RETURN (USM-285) of Publication of Notice of Vessel Arrest. Publish Notice of Vessel Arrests of the Defendant Vessels in the L.A. Daily Journal as statutorily mandated. Remarks: None. (jp)
September 15, 2023 Filing 30 PROCESS RECEIPT AND RETURN (USM-285) of Publication of Notice of Vessel Arrest. Remarks: None. A copy of Notice of Arrest of Defendant Vessels attached. (jp)
September 15, 2023 Filing 29 PROCESS RECEIPT AND RETURN (USM-285) of Turnover to Sub-Custodian. Remarks: None. A copy of attached of Seized Property and Evidence Control. (jp)
September 15, 2023 Filing 28 PROCESS RECEIPT AND RETURN (USM-285) of In Rem Vessel Seizure served by Personal service. Remarks: No. of DUSMS: 1; No. of hours for all DUSMS: 2; No. of roundtrip miles for all vehicles: 54. (jp)
August 30, 2023 Opinion or Order Filing 27 ORDER AUTHORIZING ARREST OF DEFENDANT VESSELS PURSUANT TO SUPPLEMENTAL ADMIRALTY RULE C by Magistrate Judge Margo A. Rocconi. See order for details. (lom)
August 30, 2023 Filing 26 FOR COURT USE ONLY: STATISTICAL CORRECTION (order action) re: granting #20 REQUEST for Issuance of Warrant in rem; granting #22 REQUEST for Issuance of Warrant in rem re Warrant in Rem issued #23 and #24 . (lom) Modified on 8/31/2023 (lom).
August 30, 2023 Opinion or Order Filing 25 ORDER APPOINTING SUBSTITUTE CUSTODIAN AND AUTHORIZING MOVEMENT OF DEFENDANT VESSELS by Magistrate Judge Margo A. Rocconi. THEREFORE, IT IS HEREBY ORDERED that the United States Marshal for the Central District be, and is hereby, authorized and directed upon seizure of the DEFENDANT VESSELS, their engines, boilers, tackle, apparel, furnishings, appurtenances, etc., and all other necessaries thereunto appertaining and belonging, pursuant to the Warrants for Arrest, to surrender the possession thereof to the Substitute Custodian named herein, and that upon such surrender the Marshal shall be discharged from his duties and responsibilities for the safekeeping of said vessel and held harmless from and against any and all claims whatever arising out of said substituted possession and safekeeping. IT IS FURTHER ORDERED that PLAINTIFF be, and is hereby appointed, the Substitute Custodian of said DEFENDANT VESSELS, to retain them in its custody for possession and safekeeping at her current location or another suitable location at the Substitute Custodian's marina for the aforementioned compensation and in accordance with the Declaration of Adam Thomas and the recitals herein contained until further Order of this Court. See order for details. (lom)
August 30, 2023 Filing 24 WARRANT IN REM as to M/Y JOVITA U.S.C.G. Official No. 1060607, a 1978 CHB TRAWLER of Approximately 34-Feet in Length, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES issued (lom)
August 30, 2023 Filing 23 WARRANT IN REM as to M/Y FLASH GORDON, U.S.C.G. Official No. 904087, a 1986 CRUSER Motor Yacht of Approximately 37-Feet in Length, AND OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES issued (lom)
August 28, 2023 Filing 22 REQUEST for Issuance of Warrant in Rem as to M/Y Jovita, Defendant Vessel [Warrant For Action In Rem For Defendant M/Y Jovita] filed by Plaintiff California Yacht Marina-Cabrillo, LLC. (Weiss, Philip)
August 28, 2023 Filing 21 NOTICE OF ERRATA filed by Plaintiff California Yacht Marina-Cabrillo, LLC. correcting REQUEST for Issuance of Warrant in Rem as to M/Y Jovita, Defendant Vessel [Warrant For Action In Rem For Defendant M/Y Jovita] #9 [Notice of Errata Re Incorrect Format For Warrant For Action In Rem For Defendant M/Y Jovita] (Weiss, Philip)
August 28, 2023 Filing 20 REQUEST for Issuance of Warrant in Rem as to M/Y Flash Gordon, Defendant Vessel [Proposed Warrant For Action In Rem For Defendant M/Y Flash Gordon] filed by Plaintiff California Yacht Marina-Cabrillo, LLC. (Weiss, Philip)
August 28, 2023 Filing 19 NOTICE OF ERRATA filed by Plaintiff California Yacht Marina-Cabrillo, LLC. correcting REQUEST for Issuance of Warrant in Rem as to M/Y Flash Gordon, Defendant Vessel [Warrant For Action In Rem For Defendant M/Y Flash Gordon] #8 [Notice of Errata Re Incorrect Format For Warrant For Action In Rem For Defendant M/Y Flash Gordon] (Weiss, Philip)
August 24, 2023 Opinion or Order Filing 18 SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner re: The ORDER Striking Documents #17 issued on 8/24/2023 is hereby VACATED AS ISSUED IN ERROR. Proposed orders were lodged at docket entries #10 and #11 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
August 24, 2023 Opinion or Order Filing 17 ORDER by Judge R. Gary Klausner re EX PARTE APPLICATION to Appoint Substitute Custodian California Yacht Marina - Cabrillo, LLC in place of United States Marshal Service #7 and EX PARTE APPLICATION for Issuance of Warrant in Rem as to Defendant Vessel #6 . The document(s) are STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): Proposed orders missing. Proposed orders must be attached to the filing on CM/ECF. (jre)
August 24, 2023 Opinion or Order Filing 16 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
August 24, 2023 Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants M Y Flash Grodon, M Y Jovita. (et)
August 24, 2023 Filing 14 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et)
August 24, 2023 Filing 13 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
August 24, 2023 Filing 12 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Margo A. Rocconi. (et)
August 22, 2023 Filing 11 NOTICE OF LODGING filed [Proposed Order Appointing Substitute Custodian and Authorizing Movement of Defendant Vessels] re Complaint (Attorney Civil Case Opening), #1 , EX PARTE APPLICATION to Appoint Substitute Custodian California Yacht Marina - Cabrillo, LLC in place of United States Marshal Service [Ex Parte Application For Appointment of Substitute Custodian and For Authorization For Movement of Defendant #7 (Attachments: #1 Proposed Order [Proposed Order Appointing Substitute Custodian and Authorizing Movement of Defendant Vessels])(Weiss, Philip)
August 22, 2023 Filing 10 NOTICE OF LODGING filed [Proposed Order Authorizing Arrest of Defendant Vessels Pursuant To Supplemental Admiralty Rule C] re Complaint (Attorney Civil Case Opening), #1 , REQUEST for Issuance of Warrant in Rem as to M/Y Jovita, Defendant Vessel [Warrant For Action In Rem For Defendant M/Y Jovita] #9 , EX PARTE APPLICATION for Issuance of Warrant in Rem as to Defendant Vessels [Ex Parte Application For Order Authorizing Issuance of Warrants For Arrest of Defendant Vessels] #6 , REQUEST for Issuance of Warrant in Rem as to M/Y Flash Gordon, Defendant Vessel [Warrant For Action In Rem For Defendant M/Y Flash Gordon] #8 (Attachments: #1 Proposed Order [Proposed Order Authorizing Arrest of Defendant Vessels Pursuant To Supplemental Admiralty Rule C])(Weiss, Philip)
August 22, 2023 Filing 9 REQUEST for Issuance of Warrant in Rem as to M/Y Jovita, Defendant Vessel [Warrant For Action In Rem For Defendant M/Y Jovita] filed by Plaintiff California Yacht Marina Cabrillo llc. (Weiss, Philip)
August 22, 2023 Filing 8 REQUEST for Issuance of Warrant in Rem as to M/Y Flash Gordon, Defendant Vessel [Warrant For Action In Rem For Defendant M/Y Flash Gordon] filed by Plaintiff California Yacht Marina Cabrillo llc. (Weiss, Philip)
August 22, 2023 Filing 7 EX PARTE APPLICATION to Appoint Substitute Custodian California Yacht Marina - Cabrillo, LLC in place of United States Marshal Service [Ex Parte Application For Appointment of Substitute Custodian and For Authorization For Movement of Defendant Vessels] filed by Plaintiff California Yacht Marina Cabrillo llc. (Attachments: #1 Declaration [Declaration of Adam Thomas In Support of Ex Parte Application For Appointment of Substitute Custodian and For Authorization For Movement of Defendant Vessels]) (Weiss, Philip)
August 22, 2023 Filing 6 EX PARTE APPLICATION for Issuance of Warrant in Rem as to Defendant Vessels [Ex Parte Application For Order Authorizing Issuance of Warrants For Arrest of Defendant Vessels] filed by Plaintiff California Yacht Marina Cabrillo llc. (Attachments: #1 Declaration [Declaration of Philip E. Weiss In Support of Ex Parte Application For Order Authorizing Issuance Of A Warrant For Arrest Of Defendant Vessel]) (Weiss, Philip)
August 22, 2023 Filing 5 CORPORATE DISCLOSURE STATEMENT [Plaintiff's Corporate Party Disclosure Statement] filed by Plaintiff California Yacht Marina Cabrillo llc (Weiss, Philip)
August 22, 2023 Filing 4 NOTICE of Interested Parties filed by Plaintiff California Yacht Marina Cabrillo llc, (Weiss, Philip)
August 22, 2023 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff California Yacht Marina Cabrillo llc. (Weiss, Philip)
August 22, 2023 Filing 2 CIVIL COVER SHEET filed by Plaintiff California Yacht Marina Cabrillo llc. (Weiss, Philip)
August 22, 2023 Filing 1 COMPLAINT Receipt No: ACACDC-35901176 - Fee: $402, filed by Plaintiff California Yacht Marina Cabrillo llc. (Attachments: #1 Exhibit [Exhibits A-C to Verified Complaint For Vessel Arrest, Interlocutory Sale and For Money Damages For Breach of Maritime Contract, Trespass, and Quantum Meruit]) (Attorney Philip E Weiss added to party California Yacht Marina Cabrillo llc(pty:pla))(Weiss, Philip)

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Plaintiff: California Yacht Marina Cabrillo llc
Represented By: Philip E Weiss
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Plaintiff: California Yacht Marina-Cabrillo, LLC
Represented By: Philip E Weiss
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