Caterpillar Financial Services Corporation v. M/V Spirit of Two Thousand & Ten et al

Filing 74

JUDGMENT by Judge John F. Walter. IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: JUDGMENT IS ENTERED in favor of plaintiff CATERPILLAR FINANCIAL SERVICES CORPORATION and against FORUM NATIONAL INVESTMENTS, LTD., DANIEL CLOZZA, and MARTIN TUTSCHEK, jointly and severally, in the amount of $5,375,237.23. (See attachment Judgment for further details). The Clerk of the Court is Ordered to enter this judgment forthwith. (MD JS-6, Case Terminated). (jp)

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COX, WOOTTON, LERNER,
GRIFFIN, HANSEN & POULOS, LLP
Marc T. Cefalu (SBN 203324)
Max L. Kelley (SBN 205943)
190 The Embarcadero
San Francisco, CA 94105
Telephone No.: 415-438-4600
Facsimile No.: 415-438-4601
Attorneys for Plaintiff/Cross-Defendant/
Cross-Complainant,
CATERPILLAR FINANCIAL SERVICES
CORPORATION

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JS-6

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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) Case No.: CV13-7384-JFW JEM
)
) IN ADMIRALTY
)
) JUDGMENT
Plaintiff,
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v.
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M/V SPIRIT OF TWO THOUSAND & )
TEN, Official No. 806696, its engines, )
)
tackle, machinery, furniture, apparel,
appurtenances, etc., in rem, and DOES )
)
1-10.
)
)
Defendants.
)
)
AND RELATED CROSS-ACTIONS. )
)
CATERPILLAR FINANCIAL
SERVICES CORPORATION

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JUDGMENT

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The defendants FORUM NATIONAL INVESTMENTS, LTD. (“Forum

190 THE EMBARCADERO
SAN FRANCISCO, CA
94105
TEL: [phone]
FAX: [phone]

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National”), DANIEL CLOZZA (“Clozza”), and MARTIN TUTSCHEK

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(“Tutschek”) (collectively “Defendants”), having failed to appear, plead or

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otherwise defend in this action, and defaults having been entered by the clerk

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COX, WOOTTON,
LERNER
GRIFFIN, HANSEN
& POULOS, LLP

against defendant Forum National on October 8, 2014, and against defendants

CAT.Spirit / 3428

-1JUDGMENT

Case No. CV13-7384-JFW JEM

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Clozza and Tutschek on December 23, 2014, and counsel for plaintiff

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CATERPILLAR FINANCIAL SERVICES CORPORATION (“Caterpillar”)

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having requested judgment against the defaulted Defendants and having filed a

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proper application and supporting declarations in accordance with Federal Rule

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of Civil Procedure 55 (a) and (b);

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IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

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JUDGMENT IS ENTERED in favor of plaintiff CATERPILLAR

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FINANCIAL SERVICES CORPORATION and against FORUM NATIONAL

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INVESTMENTS, LTD., DANIEL CLOZZA, and MARTIN TUTSCHEK,

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jointly and severally, in the amount of $5,375,237.23, as set forth more fully

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below:

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1.

Plaintiff Caterpillar is entitled to damages as alleged in the

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Verified Complaint on file herein for Breach of Contract and Preferred Ship

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Mortgage and for Foreclosure of the Preferred Ship Mortgage, and as set forth

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in its Application for Default Judgment by Court. Damages are awarded as

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follows:

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A.

Breach of Contract: Judgment against Defendants, and each of

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them jointly and severally, in the amount of $4,472,239.78 in unpaid principal,

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due and owing on the Mortgage and Security Agreement, plus $505,114.71 in

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accrued interest.

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B.

Attorney Fees and Costs: Judgment for reasonable attorneys’

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provided for in the Mortgage and Security Agreement under which this action

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was brought. The amount stated above represents the amount of attorneys’

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fees allowed under Local Rule 55-3 based upon a recovery of $4,977,354.49 in

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principal and interest due and owing under the subject Mortgage and Security

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190 THE EMBARCADERO
SAN FRANCISCO, CA
94105
TEL: [phone]
FAX: [phone]

and against Defendants, and each of them jointly and severally. Said fees were

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COX, WOOTTON,
LERNER
GRIFFIN, HANSEN
& POULOS, LLP

fees in the amount of $103,147.09 is awarded in favor of Plaintiff Caterpillar

Agreement (exclusive of costs).

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Case No. CV13-7384-JFW JEM

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C.

Custodia Legis Expenses: Plaintiff Caterpillar is entitled to a

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judgment for custodia legis expenses in the amount of $294,735.65 against

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Defendants, and each of them jointly and severally. Said costs include

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custodia legis fees from the date of arrest and detention of the Defendant

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Vessel from October 7, 2013, through July 8, 2014, by the duly appointed

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Substitute Custodian, and costs charged to Caterpillar by the U.S. Marshal for

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arresting and selling the Vessel, maintaining insurance, and publishing the

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notice of arrest.

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D.

Sum Total of Judgment: For good cause, judgment in the

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amount of $5,375,237.23 is entered in favor of Plaintiff Caterpillar and against

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Defendants, and each of them, jointly and severally. Interest to accrue at the

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legal rate on the judgment.

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The Clerk of the Court is Ordered to enter this judgment forthwith.

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DATED: April 15, 2015
U.S. DISTRICT COURT JUDGE

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COX, WOOTTON,
LERNER
GRIFFIN, HANSEN
& POULOS, LLP
190 THE EMBARCADERO
SAN FRANCISCO, CA
94105
TEL: [phone]
FAX: [phone]

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CAT.Spirit / 3428

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Case No. CV13-7384-JFW JEM