Ingman

ORDER

The opinion, filed August 11, 2005, slip op. 10377, and reported at 419 F.3d 933 (9th Cir. Aug.ll, 2005), is withdrawn and replaced by the amended opinion filed concurrently with this order. With the amended opinion, the panel has voted to deny the petition for panel rehearing.

The petition for panel rehearing is denied.

OPINION

Plaintiff Ventura Packers, Inc. (“Ventu-ra Packers”) appeals the district court’s grant of summary judgment in favor of the owners of three fishing vessels (“the Owners”), F/V Jeanine Kathleen, F/V Rose Lee, and F/V Talia. Ventura Packers brought this in rem admiralty action against the three vessels to execute a necessaries lien, and the vessels were arrested pursuant to maritime procedure. The Owners made a restricted appearance in district court and executed a stipulation with Ventura Packers. In the stipulation, the Owners agreed to post security in exchange for the release of the vessels. They further agreed that the security would stand in the place of the vessels as the defendant in the in rem action. The district court granted the Owners’ motion for summary judgment and dismissed the in rem action. Pursuant to the court’s order, counsel…