Schleef v. Sailing Vessell "Clueless" et al

Filing 39

ORDER adopting 38 REPORT AND RECOMMENDATION; granting in part, denying in part 36 MOTION for default judgment against Sailing Vessel "Clueless" and for Permission to Credit Bid as set forth in the Order; Plaintiff shall file either a no tice of dismissal as to defendant, Michael A. Meyer or some other filing which explains his intentions as to that defendant by 7/23/12; Plaintiff shall file a motion to schedule the sale of Clueless or otherwise advise the Court of status by 7/23/12; See Order for details. Signed by Judge Timothy J. Corrigan on 7/3/2012. (MGG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

ROBERT SCHLEEF,
Plaintiff,
vs.

Case No. 3:11-cv-650-J-32JBT

SAILING VESSEL "CLUELESS",
et al.,
Defendants.

ORDER
Upon review of the pending Motion (Doc. 36) and the Report and Recommendation
(Doc. 38), to which no objections have been filed, it is hereby
ORDERED:
1.

The Report and Recommendation (Doc. 38) of the Magistrate Judge is

ADOPTED as the opinion of the Court.
2.

Plaintiff's Motion for Final Default Judgment against Vessel Clueless and for

Permission to Credit Bid (Doc. 36) is GRANTED in part and DENIED in part as follows:
a.

Plaintiff's claim to Clueless is declared a preferred maritime lien which is

prior and superior to the claims of Clueless' owner or of anyone else to Clueless.
b.

Final default judgment is entered against Clueless in the amount of

c.

Plaintiff is allowed to bid his judgment at the public sale of Clueless, and

$6,689.37.

Plaintiff is not required to pay any cash or other payment unless and until his sucessful bid

exceeds the total of his judgment against Clueless.
3.

No later than July 23, 2012, plaintiff shall file either a notice of dismissal as to

defendant, Michael A. Meyer or some other filing which explains his intentions as to that
defendant.
4.

No later than July 23, 2012, plaintiff shall also file a motion to schedule the sale

of Clueless or otherwise advise the Court of status.
DONE AND ORDERED at Jacksonville, Florida this 3rd day of July, 2012.

mg.
Copies:
Honorable Joel B. Toomey
United States Magistrate Judge
counsel of record

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