Oliver et al v. M/V Barbary Coast et al

Filing 182

JUDGMENT entered awarding Southern Marine, as the Court-appointed Substitute Custodian for the M/V BARBARY Coast $9,460.00 to compensate for legitimate expenses as set out.. Signed by Judge Kristi K. DuBose on 3/13/2012. (copy to finance) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MARC E. OLIVER, d/b/a GULF COAST ENVIRONMENTAL AND RECOVERY, And T.M. JEMISON CONSTRUCTION CO. INC. d/b/a JEMISON MARINE, INC., Plaintiffs, MIDSOUTH BANK, N.A., Plaintiff/Counter-Defendant : : : : : : : v. : : : : : : : : : : : : : : : : : : : M/V BARBARY COAST, her engines, tackle, furniture, and appurtenances, etc., In Rem, and RODD CAIRNS, an individual, and ATCHAFALAYA MARINE, LLC, In personam, Defendants/Counter-Plaintiffs/ Third-Party Plaintiffs, v. EAGLE RIVER TOWING, L.L.C., p/k/a/ or a/k/a EAGLE INLAND TOWING, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, LOUISIANA LIMESTONE & LOGISTICS, L.L.C., and CURTIS BUFORD, Third-Party Defendants. CA 11-223-KD-C IN ADMIRALTY In Personam and In Rem JUDGMENT In accordance with the Court’s November 18, 2011 Order (Doc. 155) and the Order issued on this date, it is hereby ORDERED, ADJUDGED and DECREED that Southern Marine, as the Court-appointed Substitute Custodian for the M/V BARBARY COAST, shall be awarded $9,460.00 to compensate it for legitimate administrative expenses it incurred “that benefit[ed] all interested parties and [were] necessary for the due care and preservation of the 1 vessel.” Oil Shipping (Bunkering) B.V. v. Royal Bank of Scotland plc, 817 F. Supp. 1254, 1260 n.8 (E.D. Pa. 1993) (citations omitted). The $9,460.00 total amount is comprised of $7,800.00 for storage/wharfage expenses; $1,055.00 for the removal of excessive water/oil mixture in the bilge; $340.00 for the installation of a high water bilge alarm, and $265.00 for the cost to list the United States Marshal as an additional insured on the insurance policy. DONE and ORDERED this the 13th day of March 2012. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 2

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