Thompson v. F/V Champ et al

Filing 48

JDR ORDER Granting MOTION 46 for Expedited Consideration of Plaintiff's Motion for Order of Sale; AND Granting MOTION 44 for Order of Sale. Order signed by Judge John D. Roberts cc:USM/CMC/Finance(JAM, Chambers Staff)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

LARRY T. THOMPSON,
Plaintiff,
vs.
F/V CHAMP (o/n 291117) its engine,
tackle, gear, equipment and
appurtenances, In Rem, and
DEBTORS, COREY POTTER and
MAYBE MARTINEZ, In Personam,

Case No. 3:10-cv-00202-HRH-JDR
ORDER GRANTING MOTION FOR
ORDER OF SALE AND MOTION
FOR EXPEDITED CONSIDERATION
(Docket Nos. 44 & 46)

Defendants.

THIS MATTER having come before the Court and the Court having
reviewed the pleadings on file in this matter, including the Verified Complaint of
Plaintiff, Larry T. Thompson, the Clerk of Court’s Entry of Default at Docket 39 and
the Court’s Entry of Default Judgment In Rem at Docket 43 and noting that the
Defendant Vessel has not appeared, answered or otherwise defended or responded
to this action, that persons entitled to possession or claims of interest under
Supplemental Rule C(6) had until July 5, 2011 to file a statement of interest and no
such statements were filed, and it is admitted that Plaintiff holds a valid Preferred
Ship Mortgage on the Vessel Champ, Official Number 291117, her engines, tackle,

gear, equipment and appurtenances, and that the terms of the Preferred Ship
Mortgage allow for the sale of the vessel now, therefore, it is
ORDERED that Plaintiff's Motion at Docket 46 for the Motion for Order
of Sale to be considered on shortened time is HEREBY GRANTED, in light of the
facts noted above, the failure of the defendant vessel to appear, the fact that no
persons have filed a claim of interest, and the fact that the Court has entered Default
and Default Judgment In Rem, and in consideration of the requirements for
publication and the date selected for the sale of the vessel; it is further
ORDERED that the Clerk of Court is directed to issue this order and
writs of Venditioni Exponas to the United States Marshal directing the sale of the F/V
CHAMP being sold at public auction to the highest bidder, said bidder to be eligible
to own a documented vessel as provided by 46 U.S.C. § 31329 and a citizen of the
United States; it is further
ORDERED that the defendant F/V CHAMP shall be sold at public
auction, in a judicial sale, by the United States Marshal, as is, where is, free and
clear of any claims, liens, maritime lien, rights in rem, rights of redemption, or
encumbrances whatsoever, the sale starting at 10:00 a.m. on the 18th day of
November 2011, at the United States Court House in Anchorage, Alaska, 222 West
Seventh Avenue, at the Seventh Avenue entrance, in accordance with Local

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Admiralty Rule (e)-14, Rule E(9)(b) of the Supplemental Rules, and 46 U.S.C. §
31329, et seq.; it is further
ORDERED that the sale is subject to confirmation by the Court; it is
further
ORDERED that the United States Marshal provide notice of the sale
by publication in newspapers of general circulation four (4) times on different days
during not less than two weeks, with publication to be completed not less than five
(5) calendar days prior to the date of sale and state whether written bids will be
accepted in accordance with Local Admiralty Rule (e)-14(b)(1) and (2); it is further
ORDERED that the vessel custodian shall, during reasonable business
hours, allow prospective bidders to board the vessel at the risk of such prospective
bidders or their representatives; it is further
ORDERED that the U.S. Marshal is directed to acquaint prospective
bidders with the provisions of this order of sale and to announce it at the time of sale;
it is further
ORDERED that, in accordance with the terms of the Preferred Ship
Mortgage, page 9, section 2.f., Plaintiff may bid in any amount owed to Plaintiff by
an offset bid under the Mortgage; it is further
ORDERED that the United States Marshal, in accordance with Local
Admiralty Rule (e)-14(c), is authorized to accept written sealed bids, any bidder

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using this method must deliver the written sealed bid in time to be received by the
United States Marshal in Anchorage, Alaska by 4:00 p.m. Anchorage time on the
date preceding the sale, and, unless the bid is an offset bid under the paragraph
above, the bidder must include with the written sealed bid by cash, cashier’s check
or certified check, the deposit amount set out in the following paragraph; it is further
ORDERED that the United States Marshal shall require cash or certified
or cashier's check in the amount of ten percent (10%) of the bid at time of sale, the
balance to be paid within seven (7) days, excluding Saturdays, Sundays and
holidays in accordance with Local Admiralty Rule (e)-14(d) “provided that if an
objection to the sale is filed within that seven-day period, the bidder is excused from
paying the balance of the purchase price until seven (7) court days after the sale is
confirmed”; it is further
ORDERED that the U.S. Marshal shall bring the proceeds of the sale
into court and deposit the same with the clerk thereof, in order that a final decree of
distribution can be made at a later time, pending further order of this Court; and, it
is
ORDERED that costs and expenses related to the vessel’s arrest,
keeping, and sale are administrative costs and shall be paid first from the vessel's
sale proceeds, subject to court approval, these costs and expenses including:

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a)

the arrest and custodian expenses incurred by Plaintiff or his
counsel to arrest and keep the vessel under arrest from the date
of commencement of this action, to and including the date of
confirmation of sale;

b)

costs of publication of the notice of the sale of the vessel; and

c)

any and all other custodial expenses of the F/V CHAMP incurred
by or on behalf of either the Plaintiff or the United States Marshal
subsequent to arrest, including custodial expenses incurred by
any substitute custodian and custodial and sale expenses
advanced by Plaintiff, and including any commission to the
United States Marshal as provided by law, shall be deemed to be
an administrative expense and shall be reimbursed out of the
proceeds of the sale of the F/V CHAMP, subject to court
approval.

IT IS SO ORDERED.

DATED this

20th

day of October, 2011, at Anchorage, Alaska.
/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge

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