SHM Emeryville, LLC v. That Certain 1979 Defever Motor Yacht of Approximately 38-Feet In Length, Bearing California Registration No. CF 8837 UR, And All Of Her Engines, Tackle, Accessories, Equipment, Furnishings and Appurtenances, in rem
| SHM Emeryville, LLC doing business as Safe Harbor Emeryville |
| That Certain 1979 Defever Motor Yacht of Approximately 38-Feet In Length, Bearing California Registration No. CF 8837 UR, And All Of Her Engines, Tackle, Accessories, Equipment, Furnishings and Appurt |
| 3:2021cv08260 |
| October 22, 2021 |
| US District Court for the Northern District of California |
| Sallie Kim |
| Contract: Marine |
| 46 U.S.C. § 741 |
| None |
Docket Report
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This docket was last retrieved on December 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 17 CLERK'S NOTICE CHANGING TIME OF CASE MANAGEMENT CONFERENCE AND SETTING HEARING BY ZOOM: The Initial Case Management Conference set for 1/24/2022 will now be held at 10:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no docume nt associated with this entry.) (mkl, COURT STAFF) (Filed on 12/16/2021) |
| Filing 16 RE: VESSEL ARREST re #12 Order on Motion for Issuance of Warrant in rem, Order on Ex Parte Application. (ecg, COURT STAFF) (Filed on 11/9/2021) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by SHM Emeryville, LLC.. (Weiss, Philip) (Filed on 11/3/2021) |
| Filing 14 Summons Issued as to That Certain 1979 Defever Motor Yacht of Approximately 38-Feet In Length, Bearing California Registration No. CF 8837 UR, And All Of Her Engines, Tackle, Accessories, Equipment, Furnishings and Appurtenances, in rem. (tn, COURT STAFF) (Filed on 11/2/2021) |
| Filing 13 Warrant For Action In Rem Issued as to That Certain 1979 Defever Motor Yacht of Approximately 38-Feet In Length, Bearing California Registration No. CF 8837 UR, And All Of Her Engines, Tackle, Accessories, Equipment, Furnishings and Appurtenances, in rem (tn, COURT STAFF) (Filed on 11/1/2021) |
Filing 12
ORDER by Magistrate Judge Sallie Kim granting #9 Ex Parte Application for Order Authorizing Issuance of a Warrant for Arrest of Defendant Vessel. The Clerk of the District Court shall immediately prepare a Warrant for the Arrest of the DEFENDANT VESSEL and shall deliver it to the United States Marshal for the Northern District of California for service. (mkl, COURT STAFF) (Filed on 11/1/2021)
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Filing 11
ORDER by Magistrate Judge Sallie Kim granting #5 Motion to Appoint Custodian. (mkl, COURT STAFF) (Filed on 11/1/2021)
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| warrant issued and certified copy of re #12 order emailed to the United States Marshals for immediate service. (tn, COURT STAFF) (Filed on 11/1/2021) |
| Filing 10 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 1/17/2022. Initial Case Management Conference set for 1/24/2022 at 01:30 PM in San Francisco, Courtroom C, 15th Floor. (tn, COURT STAFF) (Filed on 10/25/2021) |
| Filing 9 Second Ex Parte Application re #4 MOTION for Issuance of Warrant in rem - [Ex Parte Application For Order Authorizing Issuance of a Warrant For Arrest of Defendant Vessel] -- CORRECTION OF DOCKET #4 filed by SHM Emeryville, LLC. (Weiss, Philip) (Filed on 10/25/2021) |
| Filing 8 Certification of Interested Entities or Persons filed by SHM Emeryville, LLC identifying Corporate Parent SHM Emeryville LLC for SHM Emeryville, LLC. [Certification of Interested Entities Or Persons] (Weiss, Philip) (Filed on 10/22/2021) |
| Filing 7 NOTICE OF REQUEST FOR REVIEW IN ACCORDANCE WITH F.R.C.P. SUPPLEMENTAL ADMIRALTY RULE C filed by SHM Emeryville, LLC re #4 MOTION for Issuance of Warrant in rem [Ex Parte Application For Order Authorizing Issuance of a Warrant For Arrest of Defendant Vessel], re #1 Complaint, re #5 Ex Parte MOTION to Appoint Custodian [Ex Parte Application For Appointment of Substitute Custodian and For Authorization For Movement of Defendant Vessel] (Weiss, Philip) (Filed on 10/22/2021) |
| Filing 6 Proposed Warrant. (Weiss, Philip) (Filed on 10/22/2021) |
| Filing 5 Ex Parte MOTION to Appoint Custodian [Ex Parte Application For Appointment of Substitute Custodian and For Authorization For Movement of Defendant Vessel] filed by SHM Emeryville, LLC. (Attachments: #1 Declaration [Declaration of Patrick Lopez In Support of Application For Order Appointing Substitute Custodian and Authorizing Movement of Defendant Vessel], #2 Proposed Order [Proposed] Order Appointing Substitute Custodian And Authorizing Movement of Defendant Vessel)(Weiss, Philip) (Filed on 10/22/2021) |
| Filing 4 MOTION for Issuance of Warrant in rem [Ex Parte Application For Order Authorizing Issuance of a Warrant For Arrest of Defendant Vessel] filed by SHM Emeryville, 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], #2 Proposed Order [Proposed] Order Authorizing Issuance of A Warrant For Arrest of Defendant Vessel])(Weiss, Philip) (Filed on 10/22/2021) |
| Filing 3 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/5/2021. (asS, COURT STAFF) (Filed on 10/22/2021) |
| Filing 2 Proposed Summons. (Weiss, Philip) (Filed on 10/22/2021) |
| Filing 1 Verified Complaint For Vessel Arrest, Interlocutory Sale And For Money Damages For Breach Of Maritime Contract, Quantum Meruit, And Trespass against That Certain 1979 Defever Motor Yacht of Approximately 38-Feet In Length, Bearing California Registration No. CF 8837 UR, And All Of Her Engines, Tackle, Accessories, Equipment, Furnishings and Appurt, (Filing Fee: $402.00, receipt number 0971-16527310). Filed by SHM Emeryville, LLC. (Attachments: #1 Exhibit Exhibits A-D To The Verified Complaint of Plaintiff For Vessel Arrest, Interlocutory Sale And For Money Damages For Breach of Maritime Contract, Trespass By Vessel And Quantum Meruit, #2 Civil Cover Sheet [Civil Cover Sheet])(Weiss, Philip) (Filed on 10/22/2021) Modified on 10/22/2021 (tnS, COURT STAFF). |
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| Plaintiff: SHM Emeryville, LLC doing business as Safe Harbor Emeryville | |
| Represented By: | Philip Edward Weiss |
| Represented By: | Edward M. Bull, III |
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| Defendant: That Certain 1979 Defever Motor Yacht of Approximately 38-Feet In Length, Bearing California Registration No. CF 8837 UR, And All Of Her Engines, Tackle, Accessories, Equipment, Furnishings and Appurt | |
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