San Mateo County Harbor District v. M/V Spirit of Sacramento

Filing 56

ORDER FOR SALE OF VESSEL AND CREDIT BID. Signed by Judge James Donato on 1/22/2016. (jdlc2S, COURT STAFF) (Filed on 1/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN MATEO COUNTY HARBOR
DISTRICT,

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Plaintiff,

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v.

ORDER FOR SALE OF VESSEL AND
CREDIT BID

M/V SPIRIT OF SACRAMENTO,

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United States District Court
Northern District of California

Case No. 15-cv-01902-JD

Defendant.

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As requested by plaintiff San Mateo County Harbor District (Dkt. No. 38) and as

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addressed by the Court’s prior order (Dkt. No. 54), the Court makes the following orders for the

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defendant vessel M/V SPIRIT OF SACRAMENTO, Official No. 510560 (“Vessel”):

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1.

The defendant Vessel shall be sold free of all mortgages, liens, and other

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encumbrances in an admiralty execution sale pursuant to Supplemental Rules for Admiralty or

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Maritime Claims and Asset Forfeiture Actions (“Suppl. Rule”), Rule E(9)(a) and Local Admir.

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L.R. 9-2. The proceeds of the sale shall be paid into Court to await disbursement upon further

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order of the Court per Suppl. Rule E(9)(b). If the net proceeds of the defendant Vessel’s sale are

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less than the Harbor District’s judgment in this case, the Harbor District will be allowed to seek

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any deficiency against the Vessel’s owner, in personam.

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2.

The sale shall commence at a time and place designated by the U.S. Marshal for the

Northern District of California.
3.

The Harbor District shall, pursuant to Admir. L.R. 9-2(a), cause proper notice of

the sale to be published before the date of the sale in The Recorder.

4.

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The Court authorizes the Harbor District to arrange for other such advertising as

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can be placed at a reasonable cost, and the expense of such advertisements will be reimbursable as

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an expense of sale.
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The U.S. Marshal shall conduct the sale and shall abide by the terms of sale as set

forth in Admir. L.R. 9-2.
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Pursuant to Admir. L.R. 9-2(b), the Harbor District may credit bid for the Vessel at

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the Marshal’s sale for any and all amounts up to the total judgment of $50,948.00. If the Harbor

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District’s credit bid is the highest bid, the Harbor District shall not be required to make a cash

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deposit or a subsequent cash payment into the Registry of the Court as is required for other bidders
under Admir. L.R. 9-2(a). The U.S. Marshal is authorized and directed to accept such credit bids

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United States District Court
Northern District of California

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from the Harbor District at the sale of the defendant Vessel. If a sale to the Harbor District is

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confirmed for an amount based only on a credit bid: (1) the Harbor District will be allowed to

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pursue a deficiency action against the Vessel owner, in personam, for any outstanding amounts

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still owed under its default judgment; (2) the Harbor District will be responsible to pay the fees,

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costs, and commissions due to the U.S. Marshal for the arrest and sale of the defendant Vessel;

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and (3) the Harbor District will be responsible to pay any other custodia legis fees or costs

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applicable to the defendant Vessel.
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Court pursuant to Admir. L.R. 9-2(c).
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At the conclusion of the sale, the Marshal shall forthwith file a written report to the

The proceeds of the sale, if any, are to be deposited into the Court until further

order of the Court.
9.

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Should no successful bid be received on the defendant Vessel, or if for any other

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reason the sale of the defendant Vessel is not completed, then the parties shall report that to the

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Court and the defendant Vessel shall remain under arrest pending further order of the Court.

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IT IS SO ORDERED.

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There shall be no minimum bid set by the Marshal.

Dated: January 22, 2016

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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