DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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DANIEL GIANNINI,
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Plaintiff,
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2005-CV-0096
v.
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Vessel HARBOR CAT a/k/a “THE OCEAN
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CLUB” her engines, tackle, apparel, gear, etc., 5
and MILEMARK, INC.,
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Defendants.
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__________________________________________5
TO: 
Scot F. McChain, Esq.
Michael Fitzsimmons, Esq.
E. Geoffrey Wolfe, Esq.
ORDER REGARDING DEFENDANT HARBOR CAT’S MOTION FOR RELEASE OF
VESSEL AND/OR VESSEL SECURITY
THIS MATTER is before the Court upon Defendant Harbor Cat’s Motion For Release
of Vessel and/or Vessel Security (Docket No. 142).  Plaintiff filed a response to said motion.
In such response, Plaintiff declares that he is unable to post the counterclaim
security as previously ordered by the Court.  Order Regarding Defendant Harbor Cat's
Demand For Counterclaim Security and Defendant Milemark, Inc.’s Joinder in M/V Harbor
Cats Demand For Counterclaim Security Against Plaintiff and Motion to Increase Amount
Posted as Security Against Milemark’s Counterclaims (Docket No.121).  Plaintiff states that
Case: 1:05-cv-00096-CVG-GWC   Document #: 160   Filed: 09/21/07   Page 1 of 3
Giannini v. Vessel Harbor Cat
2006-CV-0096
Order
Page 2
he, therefore, “relinquishes his claim to security against MV Harbor Cat, [sic] and does not
oppose Harbor Cat’s motion for release of vessel security.”  Response at 1.
Based upon Plaintiff’s voluntary relinquishment of his claim for security, the Court
will grant said Defendant’s motion for release of vessel security.  The Court previously
granted said Defendant’s Motion For Show Cause Hearing (Docket No. 140) and scheduled
a hearing.  Order Setting Hearing (Docket No. 146). However, said motion was based upon
Plaintiff’s failure to post countersecurity and the claim for such security ceases to exist
upon the release of security, the need for such a hearing is now obviated.
Accordingly, it is hereby ORDERED:
1.
Defendant Harbor Cat’s Motion For Release of Vessel and/or Vessel Security
(Docket No. 142) is GRANTED.
2.
The security posted by Defendant Harbor Cat is RELEASED.
3.
The Court’s Order Regarding Defendant Harbor Cat's Demand For
Counterclaim Security and Defendant Milemark, Inc.’s Joinder in M/V
Harbor Cats Demand For Counterclaim Security Against Plaintiff and
Motion to Increase Amount Posted as Security Against Milemark’s
Counterclaims (Docket No.121) is VACATED.
Case: 1:05-cv-00096-CVG-GWC   Document #: 160   Filed: 09/21/07   Page 2 of 3
Giannini v. Vessel Harbor Cat
2006-CV-0096
Order
Page 3
4.
The hearing currently scheduled for October 11, 2007, at 9:30 a.m. (Order
Continuing Hearing on Motions (Docket No. 147)) is CANCELED.
ENTER:
Dated: September 21, 2007
                                /s/                                   
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:05-cv-00096-CVG-GWC   Document #: 160   Filed: 09/21/07   Page 3 of 3