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NOTICE OF ARREST OF VESSEL
Admiralty Rules C and E
46 U.S.C. Sections 30101-31343
Case No. 12 CV 1399 JLS (WVG)
AMERICANWEST BANK, a Washington State chartered bank,
P/V BRIGHT AND MORNING STAR, Official No. 635149, and all of her engines, tackle, accessories, equipment, furnishings and appurtenances, in rem, and MORNING STAR CHARTERS, INC., a California corporation, in personam, BENJAMIN D. GRIFFITH, in personam, SUSAN L. GRIFFITH, in personam, and THE GRIFFITH REVOCABLE LIVING TRUST DATED JANUARY 12, 1990, 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 20th day of June, 2012, the United States Marshal arrested, seized and took into its possession the Defendant Vessel P/V BRIGHT AND MORNING STAR, Official No. 635149, and all of her engines, tackle, accessories, equipment, furnishings, and appurtenances, etc., for the causes set forth in the Verified Complaint, to wit: foreclosure of Preferred Ships Mortgage and Deficiency Judgment, 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 $415,223.43 (as of May 21, 2012), plus additionally accruing interest at the rate of eleven and three quarters percent (11.75%), late charges and other contractually recoverable fees, charges and expenses. PLAINTIFF seeks to recover said amounts, together with all other amounts which have been or are required to be disbursed by PLAINTIFF for the care, insuring, preservation, storage and mooring of DEFENDANT VESSEL during the pendency of this action, and all other advances, expenses, attorneys fees, costs and disbursements by PLAINTIFF, together with post-judgment interest at the maximum statutory rate, with such lien declared to be prior and superior to the interest, maritime and non-maritime liens or claims of any and all persons, firms or corporations whatsoever which arose after the date the Preferred Ship Mortgage was filed with the United States Coast Guard Vessel Documentation Center.
This arrest was made pursuant to an Order and Warrant for Arrest issued by the Clerk of the Court on or about June 13, 2012.
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 must 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, Brodsky, Micklow, Bull & Weiss 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-one 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: June 20, 2012
STEVEN C. STAFFORD
UNITED STATES MARSHAL
Supervisory U. S. Deputy Marshal
SUBMITTED ON JUNE 14, 2012 BY:
BRODSKY, MICKLOW, BULL & WEISS
By/s/Philip E Weiss, Esq.
Attorney for Plaintiff
American West Bank
Pub. June 22 -00100272