Broward Shipyard, Inc. v. M/Y Life Is Good et al

Filing 31

ORDER granting 26 Motion for Default Judgment. Please see Order for details. Case is CLOSED. Signed by Judge James I. Cohn on 6/22/2011. (awe)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 11-60696-CIV-COHN/SELTZER BROWARD SHIPYARD, INC., Plaintiff, v. M/Y “LIFE IS GOOD”, O.N. 920 932, her engines, tackle, and appurtenances, in rem, and KEVIN B. BRYANT, in personam, Defendant. _________________________________/ FINAL DEFAULT JUDGMENT THIS CAUSE is before the Court upon Plaintiff Broward Shipyard, Inc.’s Motion for Final Default Judgment [DE 26] (“Motion”) as to Defendants M/Y Life is Good, in rem, and Kevin B. Bryant, in personam, and any potential claimants who failed to file a responsive pleading in the above-captioned action. The Court has carefully considered the Motion and accompanying exhibits [DE’s 26-1, 26-2], as well as the entire record in this case, including Plaintiff’s Amended Verified Complaint in rem for the Arrest of M/Y “Life is Good” [DE 14], the returns of service of the Complaint [DE 18] and Amended Complaint [DE 19] on Mr. Bryant, the executed return of warrant for arrest of M/Y Life is Good [DE 11], the Verified Notice of Filing Publication [DE 17], the Clerk’s Entry of Default against Defendants [DE 24], Defendants’ failure to respond to the instant Motion, the failure of any other party to file a claim or answer, and is otherwise advised in the premises. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. Plaintiff Broward Shipyard, Inc.’s Motion for Final Default Judgment [DE 26] is GRANTED; 2. Final Default Judgment is hereby entered in favor of Plaintiff Broward Shipyard, Inc., by virtue of its maritime lien for necessaries furnished to M/Y Life is Good, pursuant to 46 U.S.C. § 31342(a)(1) and (2), Federal Rule of Civil Procedure 55(b), and the Southern District of Florida Local Admiralty Rules, and against Defendants M/Y Life is Good and Kevin B. Bryant, and any potential claimants that failed to file an answer or claim; 3. Plaintiff shall recover from Defendants the sum of $23,933.17, consisting of $20,001.72 in principal,$3431.00 in costs, and $500.45 in prejudgment interest through June 1, 2011, plus pre-judgment interest at the rate of 3.25% per annum on the principal to the date of this judgment; 4. This judgment shall bear interest at the federal post-judgment interest rate of 0.18% per annum from today, for which let execution issue; 5. Any pending motions are DENIED as moot, and the Clerk of the Court is directed to CLOSE this case. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, on this 22nd day of June, 2011. Copies provided to: Counsel of record via CM/ECF Kevin B. Bryant, pro se 2288 Edwards Road Palm Beach Gardens, FL 33410 2

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