United States District Court, N.D. California
BAY MARINE BOAT WORKS, INC. Plaintiff,
M/V GARDINA, Official No. 1117426, its engines, tackle, machinery, furniture, apparel, appurtenances, etc., in rem, and DOES 1-10, Defendants.
WOOTTON, LERNER, GRIFFIN & HANSEN, LLP Marc T. Cefalu
(SBN 203324) Max L. Kelley (SBN 205943) Attorneys for
Plaintiff BAY MARINE BOAT WORKS, INC.
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION
FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN
Bay Marine Boat Works, Inc., (“Bay Marine”), by
and through its counsel of record, Cox, Wootton, Lerner,
Griffin & Hansen, LLP, having appeared and made the
or around March 26, 2018, and concurrently with this Proposed
Order, the Verified Complaint in this matter was filed
seeking the arrest and foreclosure sale of the Defendant
Vessel M/V GARDINA (formerly LAURA C), Official No. 1117426,
its Engines, Tackle, Machinery, Furniture, Apparel,
Appurtenances, etc. (the “Vessel”), to satisfy
Plaintiff's claims as stated therein.
Subsequently, the Clerk was ordered by this Court to issue a
Warrant for Arrest commanding the U.S. Marshal for the
Northern District of California to arrest and take into
custody the defendant Vessel and to maintain it in his
custody until further Order of this Court.
defendant Vessel is currently located within in the Northern
Judicial District of California.
is contemplated that the U.S. Marshal will seize the Vessel
forthwith. The U.S. Marshal does not provide the services for
the safekeeping of vessels he arrests.
Marine, as the Court's designated Substitute Custodian,
has agreed to assume the responsibility for the safekeeping
the Vessel from the U.S. Marshal immediately after the
Marshal has arrested the Vessel, and has consented to act as
the Vessel's custodian until further Order of this Court,
all for a sum, including for storage and routine services
required for safekeeping of the Vessel, at its customary
rates, as set forth in the Substitute Custodian's
concurrently filed supporting declaration.
Marine, by declaration, avers that it has adequate personnel
and supervision for the proper safekeeping of the Vessel, and
that it has liability insurance, underwritten by West
American Insurance Company and other subscribed underwriters,
with an aggregate limit of $1, 000, 000, and an excess layer
of $9, 000, 000 7. Furthermore, in accordance with the terms
of this Order, Bay Marine, as Substitute Custodian, accepts
possession of and responsibility for the Vessel following its
consideration of the U.S. Marshal's consent to this
substitution of custody, Bay Marine agrees to release the
United States and the U.S. Marshal from any and all liability
and responsibility arising out of the care and custody of the
Vessel, its engines, tackle, apparel, furniture, and all
other appurtenances pertaining and belonging thereto, from
the time the Marshal transfers possession of the Vessel to
Bay Marine as Substitute Custodian until the Vessel is
released from arrest pursuant to this Court's order or
operation of law.
Marine further agrees to hold harmless and indemnify the
United States and the U.S. Marshal from any and all claims
whatsoever arising out of the Substitute Custodian's
possession and safekeeping of the Vessel.
IT IS HEREBY ORDERED that the U.S. Marshal for the
Northern District of California is hereby authorized to
execute service of process on the Defendant Vessel by all
lawful means, and is further authorized and directed, upon
his seizure of the Vessel pursuant to this Court's
duly-issued Warrant for Arrest, to surrender the custody and
possession of the Vessel to Bay Marine as Substitute
Custodian, and that upon such surrender, the U.S. Marshal
shall be discharged from further duties and responsibilities
for the safekeeping of the Vessel and held harmless by Bay
Marine from any and all claims arising whatsoever out of the
substitute custodian's possession, custody, and
safekeeping of the Vessel.
IS FURTHER ORDERED that Bay Marine be, and is
hereby, appointed the custodian of the Vessel to retain it in
its custody for possession and safekeeping, for the
aforementioned compensation until further Order of this
IS FURTHER ORDERED that the Substitute Custodian is
authorized to take any and all steps to ensure the
safekeeping and protection of the Vessel including, but not
limited to, moving the Vessel to a secure facility for
safekeeping following the arrest of the Vessel, and at any