California Yacht Marina - Cabrillo. LLC v. M Y Flash Gordon

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL Case No. 2:23-cv-06900-RGK-MAR Date March 25, 2024 Title California Yacht Marina — Cabrillo, LLC v. M/Y Flash Gordon et ai.

Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE Joseph Remigio Not Reported N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) Order to Show Cause Re: Unsigned Verified Complaint On August 22, 2023, California Yacht Marina — Cabrillo, LLC (“Plaintiff”) filed a purported Verified Complaint (the ““Complaint’’) in rem against two vessels, M/Y Flash Gordon and M/Y Jovita (“Defendants”), seeking to foreclose on maritime liens for unpaid wharfage fees. (ECF No. 1.) On January 25, 2024, a default was entered against M/Y Flash Gordon. (ECF No. 36.) However, upon closer inspection, it appears the Complaint’s “Verification” page was never signed. Pursuant to Supplemental Rule C of the Federal Rules of Civil Procedure (“Rule C’”), in an action in rem to enforce a maritime lien, a plaintiff must file a verified complaint. Fed. R. Civ. P. C(2)(a). To qualify as “verified,” the complaint must be “signed and certified as true under penalty of perjury.” Thomason v. Kitzhaber, 217 F. Supp. 2d 1112, 1114 (D. Or. 2002). Here, Plaintiff has failed to sign the Verification page and therefore has failed to file a verified complaint. Accordingly, the Court ORDERS Plaintiff to SHOW CAUSE IN WRITING why the default agaist M/Y Flash Gordon should not be set aside and why this action should not be dismissed for Plaintiffs failure to satisfy Rule C. Such a response shall not exceed five pages and must be submitted within four days of this Order’s issuance.

IT IS SO ORDERED.

Initials of Preparer JRE/de

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