THE U.S. Marshals yesterday seized the two ferries that carry passengers between Saipan and Tinian following a federal court’s issuance of warrants for the arrest of the vessels.
The Marshals served the warrants for the arrest of MV Saipan Express and MV Tinian Express and placed the vessels under their custody.
The two ferries are owned by Tinian Shipping and Transportation, Inc. Only one of two vessels is operational, Variety learned.
U.S. District Court Judge Alex R. Munson authorized the issuance of warrants for the vessels based on a complaint filed by a company in Hong Kong.
G. Anthony Long, counsel for Tinian Shipping, said he would not comment because he was still reviewing the court documents.
The clerk of court ordered the U.S. Marshals to give due notice to all persons claiming an interest or having anything to say why the vessels should not be sold pursuant to the request in the complaint.
Munson ordered the issuance of warrants after the court reviewed the complaint and finding that conditions for an action against the vessels “appear to exist.”
World Fame Shipping Ltd., through attorney Anita P. Arriola, sued MV Saipan Express and MV Tinian Express, their engines and equipment.
The plaintiff is seeking judgments against the vessels for the amounts to be proven at trial plus interest and other costs. The company wants the vessels, their engines and equipment sold to pay their claims.
The plaintiff also asked the court to enter an order staying further proceedings in the lawsuit pending the outcome of arbitration in Hong Kong.
Arriola alleged that between 1998 and the present year, her client provided various “necessaries” to both vessel.
Arriola said the necessaries furnished to the vessels include management services, vessel repairs and maintenance, insurance premiums, recruitment and training services, and costs of obtaining certifications for the vessels and their crew as required by law.
Arriola said a management agreement entered between World Fame and Tinian Shipping and Transportation requires disputes arising out of the agreement to be arbitrated in Hong Kong.
Pursuant to the Maritime Act, Arriola said, Word Fame has a right to arrest the vessels to obtain security for payment of the anticipated arbitration award.
The court appointed Jurgen Unterberg, a licensed master mariner by the U.S. Coast Guard, as substitute custodian of the vessels to retain the ferries in his possession and safekeeping.
