COASTAL BANK AND TRUST OF FLORIDA v. M/V GLORY et al

Filing 10

ORDER DISMISSING CASE - This cause is before the court upon the plaintiff's Notice of Settlement, Voluntary Dismissal and Emergency Motion to Release Vessel. (Doc. 9 ). 1. The substitute custodian, Captains Choice Boats, Inc. , is ordered to release the M/V GLORY to the custody of the defendant, Joe M. Taylor, immediately; 2. Upon release of the vessel to Joe M. Taylor, the substitute custodian is dismissed and the United States Marshal is released by the Court from any f urther responsibility with regard to the custody of the M/V GLORY. 3. The above-entitled action is DISMISSED from the active docket of the Court. In the event that the settlement is not consummated, the Court reserves the power, upon motion filed by any party within sixty (60) days of the date of this Order, to amend or vacate and set aside this Order of Dismissal and reinstate this case. At this time the Clerk is directed to close the file in this case for administrative purposes, and upon the expiration of sixty (60) days without activity, the Clerk is directed to close the case in its entirety for all purposes. Signed by District Judge M CASEY RODGERS on 9/4/2009. (djb) Copy of order carried to the USMS.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION IN ADMIRALTY

COASTAL BANK AND TRUST OF FLORIDA, successor by merger with VANGUARD BANK AND TRUST COMPANY, Plaintiff, vs. M/V GLORY, its engines, tackle, apparel, etc., in rem, and JOE M. TAYLOR, in personam Defendants. / CASE NO. 3:09cv351/MCR/MD

ORDER This cause is before the court upon the plaintiff's Notice of Settlement, Voluntary Dismissal and Emergency Motion to Release Vessel. (Doc. 9). The Court having reviewed the motion, memorandum and the docket finds as follows: 1. The substitute custodian, Captain's Choice Boats, Inc., is ordered to release

the M/V GLORY to the custody of the defendant, Joe M. Taylor, immediately; 2. Upon release of the vessel to Joe M. Taylor, the substitute custodian is

dismissed and the United States Marshal is released by the Court from any further responsibility with regard to the custody of the M/V GLORY. 3. The above-entitled action is DISMISSED from the active docket of the Court.

In the event that the settlement is not consummated, the Court reserves the power, upon motion filed by any party within sixty (60) days of the date of this Order, to amend or vacate and set aside this Order of Dismissal and reinstate this case. At this time the Clerk is directed to close the file in this case for administrative purposes, and upon the expiration

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of sixty (60) days without activity, the Clerk is directed to close the case in its entirety for all purposes. ORDERED on this 4th day of September, 2009

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

C A S E NO. 3:09cv351/MCR/MD