Zitano v. F/V Diamond Girl

OPINION

FRANCIS J. BOYLE, Senior District Judge.

Plaintiff Bruce Zitano brought this action to foreclose on a maritime Ken against the defendant vessel F/V DIAMOND GIRL, pursuant to Rule C of the Supplemental Rules for Admiralty and Maritime Claims. See F.R.C.P. 9. Jurisdiction is founded upon 28 U.S.C. § 1333, which grants original jurisdiction to the district courts in “[a]ny civil case of admiralty or maritime jurisdiction.” 28 U.S.C. § 1333(1). The first issue to be determined is whether the loan made by plaintiff was a “necessary” so as to create a maritime Ken against the vessel. If the…