Shultz v. M/V ELINOR

ORDER ON SUBSTITUTE CUSTODIAN’S EMERGENCY MOTION

ATKINS, Senior District Judge.

THIS CAUSE comes before the Court after hearing on Substitute Custodian Ted Rosenthal’s (Custodian) Emergency Motion for Hearing to Dismiss the Suit with Prejudice to Release the Vessel from Arrest and to Order Payment of Custodial Fees and Expenses (d.e. 24), filed February 1, 1993.

Custodian informs the Court that his custodial fees have not been paid and submits that plaintiff is responsible for those costs. Custodian admits that in his affidavit he stated that “he will perform the following services for said…