Cahuenga Associates II v. S/V Mako

IN ADMIRALTY (1) ORDER AUTHORIZING ARREST OF DEFENDANT VESSEL PURSUANT TO SUPPLEMENTAL ADMIRALTY RULE C (2) ORDER APPOINTING SUBSTITUTE CUSTODIAN AND AUTHORIZING MOVEMENT OF DEFENDANT VESSEL F.R.C.P. Supplemental Admiralty Rules C and E.

Before the Court is Plaintiff Cahuenga Associates II’s (1) Ex Parte Application for Issuance of Warrant for Arrest of Defendant Vessel and (2) Ex Parte Application to Substitute Custodian and for Authorization of Movement of Defendant Vessel by Cahuenga Associates II. Based upon a review of the moving papers and the applicable law, the Court hereby GRANTS Plaintiffs ex parte applications.

BACKGROUND

On May 12, 2016, Plaintiff filed a Verified Complaint, in Admiralty, For Vessel Arrest, Interlocutory Sale and for Money Damages for Breach of Maritime Contract and Quantum Meruit. Dkt. No. 1. Plaintiff argues that the owners of the Defendant vessel S/V Mako No. 1193413 (“Vessel No. 1193413”) have -breached a maritime contract for necessaries in the amount of $18,696.65. Id. ¶ 9. On June 2, 2015 Wayne Womack executed a Moorage Agreement with Plaintiffs marina, known as the “Kona Kai Marina,” for the berthing of the Defendant vessel. Id. ¶ 5; Exhibit…