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NOTICE OF ARREST
F.R.C.P. Supplemental Rule C and E
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF
Case No. 10CV719
SHELTEER ISLAND YACHTWAYS, LTD., a California Limited Partnership, dba SHELTER ISLAND BOATYARD,
S/V PROVIDENCE, THAT CERTAIN 1972 ISLANDER SAILING VESSEL, California Registration No. CF 4728FB, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES, in rem;
and GLENN W. CAIRNS, in personam,
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 April, 2010, the United States Marshal arrested, seized and took into its possession the Defendant Vessel S/V PROVIDENCE, that certain 1972 Islander sailing vessel, California Registration No. CF 4728FB and all of her engines, tackle, accessories, equipment, furnishings, and appurtenances, etc., for the causes set forth in the Verified Complaint, to wit: breach of maritime contract, fraud 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 a sum of not less than Four Thousand Nine Hundred Dollars and Eight Cents ($4,900.08), plus prejudgment interest, plus costs of suit (including attorneys fees), 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 April 6, 2010.
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, pursuant to Local Admiralty Rule C.1(b), claims of persons entitled to possession must be filed with the District Court and served upon the attorney for Plaintiff within fourteen (14) days after publication, and that asnwers to the Complaint must be filed and served within twenty one (21) days after the filing of the claim. 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: April 16, 2010
UNITED STATES MARSHAL SERVICE/s/ Ben Locke
Deputy U.S. Marshal
Submitted on April 5, 2010 BY:
BRODSKY, MICKLOW, BULL & WEISS
By: Phillip E. Weiss, Esq.
Attorneys for Plaintiff
Shelter Island Yachtways, Ltd., dba
Shelter Island Boatyard
Pub. Apr 20-00072982