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

Filing 97

ORDER granting 86 Third Motion In Custodia Legis Expenses in the amount of $9,320.54 USD, which, together with the $695,370.37 USD previously authorized by the Court's Orders dated July 14 and September 12, 2016 (Docs. 48, 81), covers in custodia legis expenses incurred by Plaintiffs through August21, 2016. (Doc. 86-1, at 2-3, 6-7.) Signed by Judge J. Randal Hall on 10/07/2016. (thb)

IN THE UNITED
FOR THE

STATES DISTRICT

COURT

SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
IN ADMIRALTY

RAY CAPITAL

INC.;

CAPITAL LTD.;

LTD.;

OPPENHEIM

*

CHEYENNE HOLDINGS

and LABROY SHIPTRADE

*

*

LIMITED,

*

Plaintiffs,

*

v.

*

M/V NEWLEAD CASTELLANO, IMO NO.
9686338, her engines, tackle,
equipment, furniture,
appurtenances, etc., in rem,

*
*
*
*

and NEWLEAD CASTELLANO LTD.,

CV 416-093

*

Defendants.

*

ORDER

On May 26,

2016, Plaintiffs filed a motion seeking,

inter

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

amount

April 19,
2016,

the

of

$455,407.20

USD

2016 through June 30,
Court

requested relief.
Court's order,

entered

(Doc.

an

incurred or

2016.

order

48.)

Defendants were

to

be

incurred from

(Doc. 28.)

granting

the

On July 14,
aforementioned

Pursuant to the terms
given

seven

(7)

days

of the

to respond

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

filed

their

Second

(Id.
Motion

SI 3. )
to

On August

Authorize

In

9,

2016,

Custodia

Legis Expenses seeking the authorization of certain additional

in custodia legis expenses,
in

its

Order

dated

July

above those authorized by the Court

14,

2016

(Doc.

48),

$239,963.17 USD incurred through August 8,
August

17,

Distribute

2016,

Proceeds

the proceeds

Court's

Plaintiffs

in

an

expenses

motions,

for

a

Plaintiffs

of

2016,

seeking

amount

requested

total

Court

the

Sale

2016.

their

a

the

amount

of

69.)

On

Motion

to

(Doc.

First

partial

distribution

of

from the sale of the Vessel presently held in the

registry

custodia

of

filed

in

amount

$695,370.37

entered

Second Motion to Authorize

sufficient
in

an

satisfy

Plaintiffs'

requested

USD.

to

(Doc.

order:

to

(a)

in

aforementioned

be

77.)

those

distributed

On

September

granting

to
12,

Plaintiffs'

In Custodia Legis Expenses and First

Motion to Distribute Proceeds of Sale,

and authorizing the Clerk

to disburse to Plaintiffs $695,370.37 USD from the funds held in

the Court's registry in relation to this matter.

On September 27,
to

Authorize

authorization of

In

2016,

(Doc. 81.)

Plaintiffs filed their Third Motion

Custodia

Legis

certain additional

in

Expenses
custodia

seeking

the

legis expenses,

above those authorized by the Court in its Order dated September

12, 2016, in the amount of $9,320.54 USD incurred through August

21, 2016.1

1

(Doc. 86.)

Defendants'

response to that motion was

The subject vessel for which Plaintiffs have incurred in custodia legis

expenses

in

relation

to

this

matter

was

sold

to

a

third

party

via

interlocutory admiralty sale on August 8, 2016, and this sale was confirmed

by the Court on August 16, 2016.

(Docs. 66, 75.)

On August 19, 2016, a bill

of sale was issued to the third-party buyer for the subject vessel.

(Doc.

therefore due on or before October 4, 2016;

to date,

Defendants

have failed to respond to Plaintiffs' motion.
Upon

due

In

Authorize
the

dated July

custodia
21,

Custodia

amount

$695,370.37

2016.

consideration,

of

USD

previously

Expenses

$9,320.54

14

and September

legis
(Doc.

expenses
86-1,

ORDER ENTERED
October,

Legis

at

Plaintiffs'

USD,

(Doc.

2016

incurred

at 2-3,

86)

which,

authorized
12,

Third

by

Motion

GRANTED,

is

to

in

together

by

the

(Docs.

48,

Plaintiffs

with

Court's
81),

the

Orders

covers

through

in

August

6-7.)

Augusta,

Georgia,

this

/r/^

day

of

2016.

HALL

STATES

DISTRICT

JUDGE

UTHfiRN DISTRICT OF GEORGIA

79.)

At 10:42 a.m. on August 21,

the third-party buyer.

2016, the subject vessel was delivered to

(Doc. 86-1, IS.)