Canaveral Port Authority v. the Tug Penobscot

Filing 19

ORDER adopting 18 REPORT AND RECOMMENDATIONS re 17 MOTION for default judgment against the Tug Penobscot and Permission to Credit Bid filed by Canaveral Port Authority. The Clerk is DIRECTED to enter a default judgment in the amount of $146,537.76 against in rem Defendant tug Penobscot. See Order for further details. Signed by Judge Paul G. Byron on 10/5/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

CANAVERAL PORT AUTHORITY,
Plaintiff,
v.

Case No: 6:17-cv-1079-Orl-40TBS

THE TUG PENOBSCOT,
Defendant.
/
ORDER
This cause is before the Court on Plaintiff Canaveral Port Authority’s Motion for
Final Default Judgment and Permission to Credit Bid (Doc. 17) filed on September 15,
2017. The United States Magistrate Judge has submitted a report recommending that the
motion be granted in part.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed September 20, 2017 (Doc. 18), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

Plaintiff Canaveral Port Authority’s Motion for Final Default Judgment and

Permission to Credit Bid (Doc. 17) is GRANTED IN PART.
3.

The Clerk is DIRECTED to enter a default judgment in the amount of

$146,537.76 against in rem Defendant tug Penobscot.

4.

The United States Marshal is DIRECTED to conduct a sale of the tug

Penobscot, her engines, tackle, apparel, furniture, equipment, appurtenances, and all
other necessaries thereunto appertaining and belonging to the vessel, in accordance with
Rule E(9) of the Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions and Local Admiralty Rule 7.05(q)—(r).
5.

Plaintiff is GRANTED permission to credit bid its judgment at the public sale

of the Vessel, and Plaintiff shall not be required to pay any cash or other payment unless
and until its successful bid exceeds the total of its judgment against the Vessel.
6.

Any proceeds of the sale conducted by the United States Marshal SHALL

be paid into the registry of the Court and, subject to the confirmation of the sale by the
Court and upon motion by Plaintiff, the proceeds of the sale of the Vessel SHALL be
applied to satisfy, fully or partially as the case may be, Plaintiff’s Final Judgment after
satisfaction of any outstanding custodia legis and United States Marshal’s expenses of
sale, according to the law.
DONE AND ORDERED in Orlando, Florida on October 5, 2017.

Copies furnished to:
Counsel of Record
Any Unrepresented Parties
United States Marshal Service

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