Bay Bank v. M/V Ed Adler

Filing 28

ORDER that the sale of the M/V ED ADLER f/k/a M/V LADY JULIE to Bay Bank is confirmed, & that the sale of the M/V CAPT JOE TANGUAY to Bay Bank is confirmed. The USM is directed to issue bills of sale as set out. The M/V ED ADLER f/k/a M/V LADY JULI E & the M/V CAPT JOE TANGUAY are released from seizure, & the court appointed, substitute custodian, Seaside Services, Inc., deliver possession of said vessels to Bay Bank. Signed by Chief Judge Callie V. S. Granade on 2/11/10. (3 cert. copies hand-delivered to USM on 2/11/10) (tot) (Additional attachment(s) added on 2/11/2010: # 1 USM Confirmation of Delivery) (tot).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BAY BANK, Plaintiff, vs. M/V ED ADLER f/k/a M/V LADY JULIE, her engines, tackle, furniture, appurtenances, etc., in rem, and M/V CAPT JOE TANGUAY, her engines, tackle, furniture, appurtenances, etc., in rem, EAGLE MARINE GROUP, LLC, CARL STEVEN BREWSTER and WALTER WILLIS, in personam, Defendants. CIVIL ACTION NO. CV-09-748-CG-B ORDER WHEREAS, pursuant to the Order of this Court, the United States Marshal sold the M/V ED ADLER f/k/a M/V LADY JULIE and the M/V CAPT JOE TANGUAY separately at judicial sale on January 27, 2010, and Bay Bank purchased the M/V ED ADLER f/k/a M/V LADY JULIE for the sum of ONE THOUSAND AND NO/100THS DOLLARS ($1,000.00), and purchased the M/V CAPT JOE TANGUAY for the sum of ONE THOUSAND AND NO/100THS DOLLARS ($1,000.00) which were the highest bids offered at said sales, and the Court being satisfied that no timely written objection to either sale has been filed, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the sale of the M/V ED ADLER f/k/a M/V LADY JULIE to Bay Bank should be and hereby is confirmed and that the sale of the M/V CAPT JOE TANGUAY to Bay Bank should be and hereby is confirmed. The United States Marshal is directed to issue a bill of sale free and clear from all liens and encumbrances, along with all other appropriate documentation to effect a proper legal conveyance, to Bay Bank as the new owner of the M/V ED ADLER f/k/a M/V LADY JULIE, her engines, machines, fittings, tackle and all other appurtenances thereto belonging. The United States Marshal is also directed to issue a bill of sale free and clear from all liens and encumbrances, along with all other appropriate documentation to effect a proper legal conveyance, to Bay Bank as the new owner of the M/V CAPT JOE TANGUAY, her engines, machines, fittings, tackle and all other appurtenances thereto belonging. IT IS ORDERED that the M/V ED ADLER f/k/a M/V LADY JULIE and the M/V CAPT JOE TANGUAY are hereby released from seizure, and that the court appointed, substitute custodian, Seaside Services, Inc., deliver possession of said vessels to Bay Bank. DONE and ORDERED this 11th day of February, 2010. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE 2

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