Bogle v. M/Y "Cajun Princess" 106' Broward et al

Filing 198

JUDGMENT in favor of the PLAINTIFF, DAVID L. BOGLE, against the DEFENDANT, M/Y "CAJUN PRINCESS" IN REM. Signed by Magistrate Judge John J. O'Sullivan on 5/19/2010. (mms)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION IN ADMIRALTY

DAVID L. BOGLE, a foreign resident

Plaintiff, vs. CASE NO.:08-61321-CIV- O'Sullivan

M/Y "CAJUN PRINCESS," one 1988 Broward motor yacht bearing official number 1050450 her engines, tackle, rigging, boilers, appurtenances, dinghies, furniture, etc., in rem, and MARINE RESOURCES DEVELOPMENT FOUNDATION, INC., a Florida Corporation, In personam Defendants. ___________________________________/

JUDGMENT FOR PLAINTIFF DAVID L. BOGLE AGAINST THE M/Y "CAJUN PRINCESS" IN REM

THIS CAUSE is before the Court upon Plaintiff, DAVID L. BOGLE's Motion for Summary Judgment against the Defendant vessel, M/Y "CAJUN PRINCESS" in rem. [DE 184, 2/26/2010]. This Court subsequently issued an Order holding that Plaintiff BOGLE is entitled to summary judgment in his favor and against the Vessel, M/Y "CAJUN PRINCESS", in the amount of $7,110,525.80, plus accruing interest starting from August 21, 2008. [DE 196, 5/14/2010]. The accrued interest from August 21, 2008 through May 18, 2010, is $249,062.33 calculated at 3.5% per annum, the average prime rate during that period1.

1

The rate of pre-judgment interest that should be awarded is the prime rate during the relevant period. See, S u n d e rla n d Marine Mut. Ins. Co., Ltd. v. Weeks Marine Const. Co., 338 F.3d 1276, 1280 (11 th Cir. 2003).

Accordingly it is hereby ORDERED AND ADJUDGED that: 1. Judgment is hereby entered on behalf of Plaintiff, DAVID L. BOGLE, and against M/Y "CAJUN PRINCESS," one 1988 Broward motor yacht bearing official number 1050450 her engines, tackle, rigging, boilers, appurtenances, dinghies, furniture, etc., in rem; 2. Plaintiff, DAVID L. BOGLE shall recover an award of $7,359,588.13 in damages and accrued prejudgment interest, for which execution let issue; 3. This Court retains jurisdiction to award attorneys' fees, court costs and custodia legis costs. DONE AND ORDERED in Chambers at Miami, Florida, this 19th day of May, 2010.

_____________________________________ HONORABLE JOHN J. O'SULLIVAN U.S. DISTRICT JUDGE CC: Counsel of Record