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Kinjo v. Champion Shipping AS

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 30, 2009

MASAO KINJO AND YORI MORI, PLAINTIFFS,
v.
CHAMPION SHIPPING AS, AND CHAMPION TANKERS AS, DEFENDANTS.

IN ADMIRALTY APPLICATION AND ORDER TO APPOINT SUBSTITUTE CUSTODIAN

Under the application of Plaintiffs for an order appointing a substitute custodian in lieu of the U.S. Marshal in this case, and good cause appearing therefor, it is Ordered that plaintiff's application is granted; and it is further Ordered that the U.S. Marshal for this district transfer custody of the M/T CHAMPION SPIRIT, its engines, tackle, boilers and appurtenances, or whichever of said defendant vessels may be found and arrested within this district, from their present location in or near Stockton, California, or wherever said vessel may be found in this district, to the custody of substitute custodian National Maritime Services, Inc. by and through its authorized representatives, immediately following their arrest; and it is further

Ordered that upon the transfer of said vessels to the substitute custodian, the aforesaid substitute custodian is hereby appointed to act as substitute custodian of the defendants vessels during custodia legis on behalf of this court, in place and instead of the U.S. Marshal, until further order of this court; and it is further

Ordered that upon transfer of custody of the defendant vessels to the substitute custodian by the U.S. Marshal, the U.S. Marshal shall not be liable for any loss occurring while it remains in the custody of the substitute custodian; and it is further

Ordered that upon transfer of the vessel to the substitute custodian, the substitute custodian may move the vessel to its premises. Thereafter, the vessel shall not be removed from the premises of the substitute custodian without prior written approval of U.S. Marshal or further order of this court; provided that in case of emergency the substitute custodian may remove the vessel from its premises, and take any other necessary measures, subject to prompt notification to the U.S. Marshal of such removal or measure; and

That the substitute custodian will maintain the following insurance policies which will protect the vessel during its custodianship:

A) Ship repairer's legal liability for $1,000,000.00;

B) Worker's Compensation and Indemnity company of California compensation fund; and

C) Comprehensive general liability and indemnity for $1,000,000.00.

That the fees and costs of the substitute custodian in storing, maintaining, safekeeping, and insuring the vessel while in custodia legis shall be taxed as costs of this action; and it is further

Ordered that the U.S. Marshal will place a copy of this order on the defendants vessel.

20091230

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