Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Electra Yacht of Newport, Inc. v. Mousetrap

United States District Court, S.D. California

March 23, 2017

ELECTRA YACHT OF NEWPORT, INC., Plaintiffs,
v.
S/V MOUSETRAP, Cayman Islands Official No. 743804, a JFA Chantier Navala Sailing Vessel of Approximately 33.5 Meters in Length, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS, AND APPURTENANCES, in rem, Defendants.

          ORDER AUTHORIZING ARREST OF DEFENDANT VESSEL AND APPOINTING SUBSTITUTE CUSTODIAN

          HONORABLE LARRY ALAN BURNS United States District Judge.

         Electra Yacht's David Maguire filed an action against the S/V Mousetrap for breach of a maritime contract. Maguire says the Mousetrap's owners owe him about $200, 000 for services he's provided since last summer. Maguire filed ex parte motions requesting the Court order (i) a warrant for the arrest of the Mousetrap; and (ii) an order appointing Driscoll Boat Works as custodian.

         I. Motion for arrest warrant

         The Court must first “review the complaint and any supporting papers” to determine if “the conditions for an in rem action appear to exist.” Fed.R.Civ.P. Supp. Admiralty Rule C. “An action in rem may be brought” to “enforce any maritime liens.” Id. Specifically, a “person providing necessaries to a vessel on the order of the owner or a person authorized by the owner” “has a maritime lien on the vessel” and “may bring a civil action in rem to enforce the lien.” 46 U.S.C. § 31342. The term necessaries includes repairs. Id. § 3130. And courts have interpreted the term broadly to include “any item which is reasonably needed for the venture in which the ship is engaged.” Foss Launch & Tug Co. v. Char Ching Shipping U.S.A., Ltd., 808 F.2d 697, 699 (9th Cir. 1987). The complaint must also be verified, describe the property with reasonable particularity, and state that the property is within the district. Fed.R.Civ.P. Supp. Admiralty Rule C.

         Maguire says that he provided work on the Mousetrap at the request of the Captain and Engineer based on an oral agreement in June 2015. He received payment for about a year, but since last summer, he hasn't been paid for a myriad of repairs. Maguire says all of the unpaid work was inspected and approved by the Captain or Engineer. He's attached the relevant unpaid invoices. Maguire's complaint is verified, describes the ship with particularity, and states that the Mousetrap is docked within the district.

         The Court finds an in rem action to enforce a maritime lien appears to exist. Therefore, the Court "must issue an order directing the clerk to issue a warrant for the arrest of the vessel.” Id. The Court GRANTS the motion (Dkt. 2) and issues the following orders:

         1. The Court orders the Clerk to prepare a warrant for the arrest of the Defendant vessel S/V Mousetrap and all of her furnishings as described in the caption. The Clerk shall deliver the warrant to the U.S. Marshal for the Southern District for service.

         2. Electra Yacht must comply with the notice provisions as outlined in Fed.R.Civ.P. Supp. Admiralty Rule C(4) and Local Civ. R. C.1(b). Any person with an interest in the Mousetrap is entitled to a prompt hearing upon request. At the hearing, Electra Yacht needs to show probable cause for the issuance of the warrant. Fed.R.Civ.P. Supp. Admiralty Rule E.

         II. Substitution of Custodian

         Electra Yacht also moved for the appointment of a substitute custodian. The Court may “order that custody of the vessel be given to the operator of a marina” if the Court finds they can “safely keep the vessel and has in effect adequate insurance.” Local Civ. Rule E.1. The Court finds that Driscoll Boat Works satisfies the local rule and GRANTS the motion to appoint Driscoll as substitute custodian authorized to move the vessel (Dkt. 3). The Court issues the following orders:

         1. Driscoll Boat Works is appointed as substitute custodian of the S/V Mousetrap. Driscoll's Michael Benedict is authorized to accept custodianship. Driscoll may move the vessel to any suitable and safe location within its boatyard for safekeeping as discussed in § 6.

         2. The U.S. Marshal shall surrender the Mousetrap to Driscoll and the Marshal shall be discharged and not liable for any claims arising out of surrendering the vessel to Driscoll.

         3. Driscoll shall assume custody of the Mousetrap and arrange to tow it from The Marine Group's boatyard at 997 G Street in Chula Vista to Driscoll Boat Works at 2500 Shelter Island Drive in San ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.