California Yacht Marina - Cabrillo. LLC v. M Y Flash Gordon et al
| California Yacht Marina Cabrillo llc and California Yacht Marina-Cabrillo, LLC |
| M/Y Flash Gordon, M/Y Jovita, M Y Flash Grodon and M Y Jovita |
| 2:2023cv06900 |
| August 22, 2023 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Margo A Rocconi |
| Contract: Marine |
| 46 U.S.C. § 0953 Foreclosure on Maritime Lien |
| None |
Docket Report
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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)
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| 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). |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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
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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)
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Filing 16
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
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| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants M Y Flash Grodon, M Y Jovita. (et) |
| Filing 14 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 13 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 12 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Margo A. Rocconi. (et) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT [Plaintiff's Corporate Party Disclosure Statement] filed by Plaintiff California Yacht Marina Cabrillo llc (Weiss, Philip) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff California Yacht Marina Cabrillo llc, (Weiss, Philip) |
| 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) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff California Yacht Marina Cabrillo llc. (Weiss, Philip) |
| 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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