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CAPITAL YACHT CLUB., Plaintiff, v. VESSEL AVIVA, Her Engines, Masts, Anchors, Cables, Chains, Rigging, Tackle, Apparel, Furniture, Dinghy, and All The Necessaries Therewith Appertaining, in rem, et al. Defendants.

ORDER

RICARDO URBINA, District Judge

CONDITIONALLY GRANTING THE DEFENDANT'S MOTION TO SET ASIDE DEFAULT; DENYING THE PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT; DENYING THE PLAINTIFF'S SHOW CAUSEMOTION For the reasons stated in this court's Memorandum Opinion separately and contemporaneously issued this 16th day of May, 2005, it is hereby

ORDERED that the defendant's motion to set aside default is GRANTED on the condition that, on or before June 7, 2005, Mr. Kilstrup posts a bond sufficient to cover the custodia legis fees accumulated in this case (at $68.75 per day) up to April 5, 2005 (for a total of $26,812.50); and it is

FURTHER ORDERED that the plaintiff's motion for default judgment is DENIED; and it is

FURTHER ORDERED that the plaintiff's motion for a show cause order is DENIED.

SO ORDERED.

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CAPITAL YACHT CLUB v. AVIVA
(May 16, 2005)