Gulf Coast Bank And Trust Company v. The Carribbean Sparkle et al

Filing 21

ORDER granting 16 Motion for Interlocutory Sale of Vessel. Signed by Judge James I. Cohn on 6/16/2009. (prd)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-60542-CV-COHN GULF COAST BANK AND TRUST COMPANY, Magistrate Judge Seltzer Plaintiff, vs. THE CARRIBBEAN SPARKLE, in rem, ADME EQUIPMENT LEASING, LLC and EARL E. WEBER, JR., in personam, Defendants. _____________________________________________/ ORDER GRANTING PLAINTIFF'S MOTION FOR INTERLOCUTORY SALE OF VESSEL THIS CAUSE is before the Court upon Plaintiff Gulf Coast Bank and Trust Company's Motion for Interlocutory Sale of Vessel [DE 12/16]. The Court has carefully considered the motion and is otherwise fully advised in the premises, including the lack of any timely opposition by the response deadline of June 15, 2009. Plaintiff seeks this Court to authorize a pre-judgment interlocutory sale of the vessel, following entry of a clerk's default against the owner of the vessel. Plaintiff asserts under Supplemental Rule E(9)(a)(i) of the Supplemental Rules for Admiralty or Maritime Claims that both the expenses of keeping the vessel are excessive and that the vessel's value is deteriorating by being detained in custody. The amount of Plaintiff's mortgage is $1,500,000, plus accrued fees and expenses, while the value of the vessel is now below that amount. See Affidavit of Lon McCloskey, Exhibit A to Motion [DE 12]. The monthly expenses are $10,000. Based primarily upon the lack of response to the present motion, the Court grants the motion by default.

Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Plaintiff Gulf Coast Bank and Trust Company's Motion for Interlocutory Sale of Vessel [DE 12/16] is hereby GRANTED; 2. The Marshal's Service shall conduct a sale of the vessel in accordance with all applicable Local Rules; 3. Plaintiff shall serve a copy of this Order by mail upon Defendants. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, on this 16th day of June, 2009.

Copies furnished to: Gary Rosen, Esq./Kathy Rentas, Esq. U.S. Marshal's Service

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