Caterpillar Financial Services Corporation v. Charter Connection Corporation et al Doc.

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Case 3:07-cv-00767-L-NLS Document 9 Filed 05/03/2007 Page 1 of 2

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7 UNITED STATES DISTRICT COURT
8 SOUTHERN DISTRICT OF CALIFORNIA
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10 CATERPILLAR FINANCIAL ) Civil No. 07cv767-L(NLS)
SERVICES CORPORATION, )
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Plaintiff, ) ORDER DENYING EX PARTE
12 ) MOTION FOR ORDER
v. ) APPOINTING SUBSTITUTE
13 ) CUSTODIAN
CHARTER CONNECTION )
14 CORPORATION, in Personam, PETE )
TERREBONNE, in Personam, PAMELA )
15 TERREBONNE, in Personam, and )
BELLE AMIE, O.N. 1170780, its )
16 Engines, Machinery, Appurtenances, etc., )
in Rem, )
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Defendants. )
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19 On April 26, 2007 Plaintiff filed an Ex Parte Motion for Order Appointing Substitute
20 Custodian and Order Authorizing Movement and Inspection of Defendant Vessel. The motion is
21 denied for several reasons.
22 First, the Certification of Robert McKee is made on information and belief only. Since
23 the certification pertains to Mr. McKee’s qualifications, services, insurance and similar matters,
24 as well as the price for his services, there appears to be no reason why the certification should
25 not be made based on first hand knowledge. Furthermore, it is unclear whether moorage is
26 included in, or additional to, the price for Mr. McKee’s services. Last, the findings stated in the
27 proposed order, which Plaintiff proposes the court make, specifically with respect to the
28 substitute custodian insurance and the price of substitute custodian’s services relative to the cost

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1 of the United States Marshal for the same services differ from, or are not supported by, the
2 motion or the accompanying certification.
3 Accordingly, Plaintiff’s Ex Parte Motion for Order Appointing Substitute Custodian and
4 Order Authorizing Movement and Inspection of Defendant Vessel is DENIED WITHOUT
5 PREJUDICE to refiling it with the requisite support.
6 IT IS SO ORDERED.
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8 DATED: May 3, 2007
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M. James Lorenz
10 United States District Court Judge
11 COPY TO:
12 HON. NITA L. STORMES
UNITED STATES MAGISTRATE JUDGE
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ALL PARTIES/COUNSEL
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