Stumpf v. Carnival plc et al
Filing
5
ORDER granting #2 Motion for Writ/Warrant for Maritime Arrest.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
Kai Stumpf, individually, and as personal
representative for the Estate of Siglinde
Stumpf, Deceased, and on behalf of all
people entitled to claim under the law,
Plaintiff,
Carnival plc, and Utopia Cruises, Inc.,
Defendants.
ORDER FOR ISSUANCE OF WARRANT FOR MARITIME ARREST
Upon reading Plaintiffs Original Verified Complaint and Request for Mandatory Injunctive
Relief ("Complaint"), Motion for Issuance and Process of Maritime Attachment and Garnishment
pursuant to Supplemental Admiralty Rule B(l) of the Federal Rules of Civil Procedure, and other
supporting papers, the Court finds that the conditions for an attachment of Defendants' joint and
collective property within this District, mainly the MS Carnival Triumph, appear to exist upon an
admiralty and maritime claim,
AND it appearing that unless the process of seizure of the vessel MS Carnival Triumph is
issued, Plaintiff may be deprived of his right to secure certain in personam claim(s) held against
Defendants, as owners, managers, andlor operators of the "offending vessel" in this suit; it is hereby:
ORDERED, that the United States Marshal for the Southern District of Texas issue the
process ofmaritime attachment ofthe vessel MS Carnival Triumph, her engines, tackle, boilers, etc.,
and against any and all persons having or claiming to have any and all interest therein, that they be
cited to appear and answer under oath all and singular the matters set forth in the Complaint; and it
is M e r
ORDERED, that any person claiming an interest in the property attached or garnished
pursuant to said order shall be entitled upon application to the Court, to a prompt hearing at which
the Plaintiff shall be required to show why the attachment and garnishment should not be vacated
or other relief granted; and it is further
ORDERED, that the vessel MS Carnival Triumph may be allowed to shift within the Port
of Galveston, berth to berth, without further order from the Court; and it is further
ORDERED, that cargo and passengers may be loaded and discharged as necessary from the
vessel MS Carnival Triumph without further order from the Court; and it is further
ORDERED, that the vessel MS Carnival Triumph may be released by a letter of
authorization from Plaintiffs Attorney without further order from the Court; and it is further
ORDERED, that a copy of this Order be attached to and served with the said summons of
maritime attachment and garnishment.
Signed this 4?&ay
of March, 2012.
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