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)

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

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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
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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

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