International Ship Repair & Marine Services Inc. v. Caribe Sun Shipping, Inc. et al

Filing 20

ORDER: Plaintiff International Ship Repair & Marine Services, Inc.'s Motion for Default Judgment 19 is GRANTED. Defendants M/V Caribe Sun and Atlantic Caribbean Line, Inc. are in default, and the factual allegations in the verified complaint are deemed admitted. The Clerk is directed to enter Judgment in favor of Plaintiff in the amount of $807,440.26. The Court shall retain jurisdiction to consider any motions for judicial sale of the vessel. Signed by Judge Virginia M. Hernandez Covington on 11/20/2012. (MEB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
INTERNATIONAL
SHIP
REPAIR
MARINE SERVICES, INC.,

&

Plaintiff,
v.

Case No. 8:12-cv-1651-T-33TGW

CARIBE SUN SHIPPING, INC., In
personam, ATLANTIC CARIBBEAN
LINE, INC., In personam, THE M/V
CARIBE SUN, her boats, engines,
tackle, apparel, furniture,
equipment, appurtenances, and
all other necessaries thereunto
appertaining and belonging to
the vessel, In rem,
Defendants.
________________________________/
ORDER
This cause is before the Court pursuant to Plaintiff’s
Motion for Default Judgment (Doc. # 19), which was filed on
September 25, 2012.

By its motion, For the reasons that

follow, the Court grants the Motion.
I.

Background
On July 24, 2012, Plaintiff International Ship Repair &

Marine Services, Inc. filed its verified complaint alleging an
admiralty and maritime claim against Defendant M/V Caribe Sun
in rem and against Defendants Caribe Sun Shipping, Inc. and
Atlantic Caribbean Line, Inc. in personam, arising out of

1

Caribe Sun Shipping and Atlantic Caribbean Line’s alleged
failure to pay Plaintiff for repairs and other services
performed by Plaintiff to the M/V Caribe Sun.

(Doc. # 1).

Plaintiff alleges that an amount in excess of $807,440.26
remains due and owing.
Plaintiff
Caribbean

Id. at ¶ 10.

effected

Line,

Inc.

on

service
August

of

process

on

Atlantic

13,

2012.

(Doc.

#

15).

Atlantic Caribbean Line has not filed a responsive pleading or
otherwise defended this action.

On July 25, 2012, the Court

granted Plaintiff’s motion for the issuance of a warrant for
arrest in rem of the vessel, M/V Caribe Sun. (Doc. # 7).

On

July 26, 2012, a warrant for arrest in rem was issued for the
vessel directing the U.S. Marshal to take custody of the
vessel and to retain custody of the vessel pending further
order of Court. (Doc. # 8).

The U.S. Marshal executed the

warrant for arrest in rem on July 27, 2012.

(Doc. # 9).

Pursuant to Local Admiralty Rule 7.03(f), anyone claiming
an interest in the vessel was required to file a claim within
ten days after process was executed and was required to file
an

answer

within

twenty-one

days

after

filing

a

claim.

Plaintiff, pursuant to Local Admiralty Rule 7.03(h), provided
notice of the action and arrest as follows:
(A)

by service of process on the party having custody
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of the vessel, Atlantic Caribbean Line, Inc., on
August 13, 2012 (Doc. # 15);
(B)

by publication in the Tampa Tribune on August 15,
2012 (Doc. # 13-1);

(C)

by certified mail, return receipt requested, on
Dean King, Atlantic Caribbean Line representative,
who received notice on August 22, 2012 (Doc. # 165); and

(D)

by certified mail, return receipt requested, on
John

Beale,

Atlantic

Caribbean

Line

Operations

Manager, who received notice on August 22, 2012.
(Doc. # 16-6).
No claims were filed within the time frame set by Local
Admiralty Rule 7.03(f), and the Clerk of the Court entered a
Clerk’s default against Atlantic Caribbean Line, Inc. and M/V
Caribe Sun on September 11, 2012. (Doc. ## 17, 18).
As Defendants have failed to file an answer to the
complaint, or any other document evidencing intent to defend
in this action, the Court finds it appropriate to enter
default

judgment.

Well-pleaded

established by default.

factual

allegations

are

Nishimatsu Constr. Co. v. Houston

Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975); see also
Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987).
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Accordingly, the Court finds that Plaintiff is entitled to a
final default judgment in the amount of $807,440.26 against in
rem Defendant M/V Caribe Sun, her boats, engines, tackle,
apparel, furniture, equipment, appurtenances, and all other
necessaries

thereunto

appertaining

and

belonging

to

the

vessel, and against in personam Defendant Atlantic Caribbean
Line, Inc.
Accordingly, it is hereby
ORDERED, ADJUDGED and DECREED:
(1)

Plaintiff International Ship Repair & Marine Services,
Inc.’s

Motion

for

Default

Judgment

(Doc.

#

19)

is

GRANTED.
(2)

Defendants M/V Caribe Sun and Atlantic Caribbean Line,
Inc. are in default, and the factual allegations in the
verified complaint (Doc. # 1) are deemed admitted.

(3)

The Clerk is directed to enter Judgment in favor of
Plaintiff in the amount of $807,440.26.

(4)

The Court shall retain jurisdiction to consider any
motions for judicial sale of the vessel.
DONE and ORDERED in Chambers, in Tampa, Florida, this

20th day of November, 2012.

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Copies: All Parties and Counsel of Record

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