Crowley's Yacht Yard Lakeside, LLC v. S/Y Abracadabra et al

Filing 30

MOTION by Plaintiff Crowley's Yacht Yard Lakeside, LLC for judgment Motion for Deficiency Judgment and Termination of Case (Attachments: # 1 Exhibit A - F)(Friedman, Shari)

Case: 1:18-cv-01705 Document #: 30 Filed: 08/21/18 Page 1 of 3 PageID #:101

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTICT OF ILLINOIS
EASTERN DIVISION
CROWLEY’S YACHT YARD
LAKESIDE, LLC,
Plaintiff,
v.
S/Y ABRACADABRA, Official No.
1123698, her engines, tackle,
apparel, furniture, equipment and all
other necessaries appertaining and
belonging in rem, and AC CHICAGO,
LLC, in personam,
Defendants.

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Case No.:

18-cv-01705

Judge: Hon. Ruben Castillo

In Admiralty

CROWLEY’S YACHT YARD LAKESIDE, LLC’S
MOTION FOR DEFICIENCY JUDGMENT AND TERMINATION OF CASE
Plaintiff, Crowley’s Yacht Yard Lakeside, LLC (“Crowley’s"), by its undersigned
attorneys, and for its Motion for Deficiency Judgment and Termination of Case, states as
follows:
1.

On June 20, 2018, the Court entered an Order for Default Judgment and Sale of

the Vessel (the “Judgment Order”) as against the vessel, the S/Y ABRACADABRA (the
“Vessel”), in rem and against AC Chicago, LLC, in personam, in the sum of $75,955.49, plus
9% interest on this Judgment from the date of entry of the Judgment until the Vessel is

sold [Docket No. 21, Exhibit A, hereto].
2.

On June 27, 2018, the Court entered an Order Directing the Sale of the S/Y

ABRACADABRA [Docket No. 22, Exhibit B, hereto].
3.

The Vessel was sold on July 20, 2018, by the United States Marshal, to

Plaintiff, Crowley’s, for the sum of $7,500.00. [See United States Marshals Return of
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Case: 1:18-cv-01705 Document #: 30 Filed: 08/21/18 Page 2 of 3 PageID #:102

Process, Docket No. 25, Exhibit C, hereto].
4.

On July 31, 2018, this Court entered an Order Confirming Sale of Vessel

and Conveying the Vessel to Buyer [Docket No. 29, Exhibit D, hereto].
5.

The Judgment Order provides that:
in the event the net proceeds from the sale of the Vessel are insufficient to satisfy
the Judgment in full, including payment of costs of sale, additional custodial costs
and expenses, and other costs and expenses to which Plaintiff, Crowley’s Yacht
Yard Lakeside, LLC, is entitled, Plaintiff shall be entitled to a deficiency
judgment as against Defendant AC Chicago, LLC, in personam.

[Docket No. 21, Exhibit A; See also Docket No. 29, Exhibit D].
6.

The net proceeds from the sale of the Vessel are insufficient to satisfy the

Judgment in full. Accordingly, Crowley’s is entitled to a deficiency judgment in its favor and
against AC Chicago, LLC, in personam.
7.

Crowley’s is entitled to a Deficiency Judgment in the sum of $72,216.06. See

Final Accounting and Affidavit of Grant Crowley, attached hereto as Exhibits E and F,
respectively.
8.

The Deficiency Judgment shall supersede the Judgment Order [Docket No. 21]

only as to the amount due and owing to Crowley’s by Defendant AC Chicago, LLC.
9.

The Substitute Custodian, Crowley’s Yacht Yard, LLC, has not been paid for its

services rendered as Substitute Custodian in this matter, and the amount due and owing for said
services shall be made a part of the Deficiency Judgment.
10.

All matters of this action having been resolved, Crowley’s requests that the

deficiency judgment be entered in favor of Crowley’s Yacht Yard, LLC and against Defendant
AC Chicago, LLC; that Crowley’s Yacht Yard Lakeside, LLC be terminated as substitute
custodian in this matter; and, that this matter be terminated.

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Case: 1:18-cv-01705 Document #: 30 Filed: 08/21/18 Page 3 of 3 PageID #:103

WHEREFORE, Plaintiff, Crowley’s Yacht Yard Lakeside, LLC, respectfully requests
the following relief:
A.

The entry of a Deficiency Judgment in its favor and against Defendant, AC

Chicago, LLC, in the sum of $72,216.06, plus post judgment interest at the rate of 9% per
annum on said Deficiency Judgment until the Deficiency Judgment is paid in full;
B.

The termination of the substitute custodianship;

C.

The dismissal of this action; and

D.

Such other and further relief as may be deemed just by this Court.
Respectfully Submitted,
CROWLEY’S YACHT YARD LAKESIDE, LLC

By:___/s/ Shari L. Friedman____________

Shari L. Friedman (6193095)
Stephanie Espinoza (6278778)
Marwedel, Minichello & Reeb, P.C.
303 W. Madison Street
Suite 1100
Chicago, Illinois 60606
[phone]
[e-mail]
[e-mail]

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