IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 7, 2011
ESCO MARINE INC., PLAINTIFF,
SS PACIFIC STAR, DEFENDANT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Presently before the court are plaintiff's ex parte application for judicial review re issuance of warrant of arrest, and plaintiff's motion for appointment of substitute custodian, filed July 5, 2011. All of these documents are based on a purported "default judgment" entered in the Northern District of California (See Docket #109). However, despite the nomenclature drafted by plaintiff's counsel and presented to the Northern District judge, under the terms of the "default judgment," nothing was effectuated but an entry of default as a sanction which is, of course, preliminary to an actual default judgment.*fn1 Id. Indeed the purported default judgment leaves for future adjudication the terms and conditions for any judgment. At best, plaintiff seeks a pre-judgment attachment which raises a whole host of issues not briefed by plaintiff's counsel.
Complicating matters is the fact that defendants' counsel has been suspended from the bar, and defendants may well have had no effective notice of, or meaningful way to respond to, what is being sought here.
Therefore, the undersigned declines at this time to order a warrant of arrest and declines to appoint a substitute custodian. Plaintiff's requests, filed July 5, 2011, (dkt. #s 113 and 115), are hereby denied without prejudice.