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NOTICE OF VESSEL ARREST
F.C.R.P. Supplemental Admiralty Rules C and E.
46 U.S.C. Sections 30101-31343
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF
Case No. 07CV2097
BARTELL HOTELS, a California Limited Partnership, dba THE DANA ON MISSION BAY, Plaintiff,
M/Y CLAIRE IRENE, a 1968 Owens Motor Yacht of Approximately 40-Feet In Length And 11-Feet In Beam, Bearing California D.M.V. Registration No. CF 8646 ED, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES, in rem
NOTICE IS HEREBY GIVEN pursuant to Rules C and E of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure and Local Rules of the United States District Court in and for the Southern District of California that on the 6th
day of February, 2008, the United States Marshal arrested, seized and took into its possession the Defendant Vessel M/Y CLAIRE IRENE, a 1968 Owens Motor Yacht of Approximately 40-Feet In Length And 11-Feet In Beam, Bearing California D.M.V. Registration No. CF 8646 ED, and all of her engines, tackle, accessories, equipment, furnishings, and appurtenances, etc., for the causes set forth in the Verified Complaint, to wit: Trespass, Breach of Contract for Necessaries, and Quantum Meruit, now pending in the United States District Court for the Southern District of California, at San Diego.
The amount demanded in the Verified Complaint is $4,389.00, plus the minimum sum of $60.00 per day, beginning September 21, 2007 and continuing until such time as the DEFENDANT VESSEL is either removed from PLAINTIFFS premises or until she is taken into custody by the U.S. Marshal, pursuant to Order of thes Court, plus prejudgment interest, plus custodia legis
expenses and all other costs of suit, no part of which has been paid.
This arrest was made pursuant to an Order and Warrant for Arrest issued by the Clerk of the Court on or about February 1, 2008.
I hereby give notice to all persons claiming any interest in said DEFENDANT VESSEL, or having anything to say why the same should not be condemned and forfeited, that they file their claims pursuant to Rule C(6), Supplemental Rules to the Federal Rules of Civil Procedure, with the Clerk of the United States District Court, at San Diego, and serve a copy of it on attorneys for Plaintiff, WEISS & JONES, within ten days after the date of first publication, or within such additional time as the Court may allow, and must serve their answers within twenty days after the filing of their claims, and that all interested persons should file claims and answers within the times so fixed; otherwise, default will be entered against any such person not so complying.
DATED: February 6, 2008
STEVEN C. STAFFORD
ACTING UNITED STATES MARSHAL
Deputy U.S. Marshal
SUBMITTED ON October 31, 2007 BY:
WEISS & JONES
/S/Philip E. Weiss, Esq.
Attorneys for Plaintiff
Bartell Hotels, a California Limited Partnership, dba Half Moon Anchorage
Pub. Feb 8-00036779