Ray Capital Inc et al v. M/V Newlead Castellano et al

Filing 81

ORDER granting 69 Second Motion to Authorize In Custodia Legis Expenses, granting 77 First Motion to Distribute Proceeds of Sale. The Clerk is ordered to disburse $695,370.37 USD from the funds held in the Court's registry in relation to this matter to Plaintiff's counsel's escrow account, the details of which shall be provided directly to the Clerk by Plaintiff'scounsel under separate cover. Signed by Judge J. Randal Hall on 9/12/16. (cmr)

IN THE

UNITED

FOR THE

STATES

DISTRICT

SOUTHERN DISTRICT

OF

COURT

GEORGIA

SAVANNAH DIVISION
IN ADMIRALTY

RAY CAPITAL

INC.;

CAPITAL LTD.;

LTD.;

OPPENHEIM

*

CHEYENNE HOLDINGS

and LABROY SHIPTRADE

*

*

LIMITED,

*
Tic-

Plaintiffs,

*

v.

*

CV 416-093

*

M/V NEWLEAD CASTELLANO,

IMO NO.

*

9686338, her engines, tackle,
equipment, furniture,
appurtenances, etc., in rem,

*
*
*

and NEWLEAD CASTELLANO LTD.,

*

Defendants.

*

ORDER

On May 26,

2016,

Plaintiffs filed a motion seeking,

inter

alia, the authorization of certain in custodia legis expenses in
the amount

of $455,407.20 USD incurred

April 19, 2016 through June 30, 2016.
2016,

the Court

requested relief.
Court's order,

or to be incurred from

(Doc. 28.)

entered an order granting

(Doc.

48.)

On July 14,

the aforementioned

Pursuant to the terms of the

Defendants were given seven

(7)

days to respond

to any future motions filed by Plaintiffs seeking authorization
of in custodia legis expenses.
Plaintiffs

filed their

(IcL_ SI 3. )

On August 9, 2016,

Second Motion to Authorize

In

Custodia

Legis Expenses seeking the authorization of certain additional

in

custodia

in

its

legis expenses,

Order

dated

July

$239,963.17

USD

Defendants'

response

before

August

14,

incurred

17,

First

Motion

to

that

2016;

to

to

2016

through

respond to said motion.
their

above those authorized by the Court

(Doc.

48),

in

August

8,

2016.

motion

date,

was

Distribute

2016,

Proceeds

of

amount

(Doc.

therefore

Defendants

On August 17,

the

due

of

69.)

or

failed

have

on

to

Plaintiffs filed
Sale

seeking

a

partial distribution of the proceeds from the sale of the Vessel
presently held in the Court's registry in an amount sufficient
to satisfy those in custodia expenses requested in Plaintiffs'
aforementioned motions,

for a total amount presently requested

to be distributed to Plaintiffs of $695,370.37 USD.

The Court,

having considered Plaintiff's Second Motion to

Authorize In Custodia Legis Expenses,
to

Distribute

(Doc. 77.)

Proceeds

of Sale,

Plaintiff's First Motion

the pleadings,

prior

orders,

findings and other matters properly before the Court, ORDERS as
follows:

(1)

Plaintiff's unopposed Second Motion to Authorize

In

Custodia Legis Expenses (Doc. 69) is GRANTED, in the amount of
$239,963.17

USD,

which,

together

with

the

$455,407.20

USD

authorized by the Court's Order dated July 14, 2016 (Doc. 48),
covers in custodia legis expenses incurred by Plaintiffs through
August 8, 2016.

(Doc. 69-1, at 3, 8.)

(2)
Proceeds

Plaintiff's
of

Sale

unopposed

(Doc.

77)

First

is

Motion

GRANTED,

in

to

Distribute

the

amount

of

$695,370.37 USD.

(3)

the

The

funds

matter

which

to

Clerk

held

in

is

the

Plaintiff's

shall

be

ordered to

Court's

counsel's

provided

disburse

registry
escrow

directly

to

$695,370.37

in

relation

account,

the

Clerk

the

by

USD

from

to

this

details

of

Plaintiff's

counsel under separate cover.

ORDER ENTERED at Augusta,
September,

Georgia,

this _J_^_^ day of

2016.

HOHOB&fEE J. RANDAL HAEL
UNITED/STATES DISTRICT JUDGE
IERN

DISTRICT

OF GEORGIA