Mike's, Inc. v. Vessel White Star One et al
Filing
67
ORDER granting 66 Motion to Confirm the April 4, 2014 U.S. Marshal's Sale of the vessel White Star One by Mike's, Inc.Signed by Chief Judge David R. Herndon on 4/9/2014. (mtm)
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
MIKE’S, INC.,
Plaintiff,
v.
Vessel WHITE STAR ONE, et al.
Defendants.
Case No. 13-cv-232-DRH-DGW
ORDER CONFIRMING SALE OF VESSEL
HERNDON, Chief Judge:
On motion of Plaintiff Mike’s, Inc to confirm the U.S. Marshal’s sale of the
defendant WHITE STAR ONE vessel, it is hereby ORDERED, ADJUDGED and
DECREED, as follows:
1. The sale of the Defendant vessel WHITE STAR ONE, her engines,
anchors, cables, chains, rigging, tackle, apparel, furniture, and all
necessaries thereto (hereafter “vessel”) was duly conducted in
accordance with the Court’s Order for Sale by the United States
Marshall for the Southern District of Illinois on April 4, 2014 at 1 p.m.
at the premises of Mike’s, Inc., the Court-appointed substitute custodian
for the vessel.
2. The sale was properly noticed and reasonably advertised.
3. Gerald Smallwood presented a bid of $600,000, and was the highest
bidder at the auction. There is no evidence before the Court that the
purchase price of $600,000 was grossly inadequate or the result of the
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collusion or fraud. To the contrary, the Court concludes that the
purchase price was reasonable under the circumstances.
4. The sale of the vessel WHITE STAR ONE to Gerald Smallwood (“buyer”)
pursuant to the Court’s Order of Sale (Doc. 65) is hereby confirmed,
subject to and expressly conditioned upon buyer paying by Cashier’s or
Certified Check, the remaining balance of five hundred thousand
dollars, ($500,000.00), within seven days of entry of this Order. The
Buyer deposited $100,000 of the total purchase price of $600,000 at the
conclusion of the sale. Upon receipt of the remaining balance of the
purchase price, the Marshal is herewith instructed to prepare and
deliver to buyer, or a nominee designated in writing, a Bill of Sale
conveying title to such vessel to buyer, or such nominee, free and clear
of any and all liens and encumbrances.
5. Upon payment of the remaining sale balance by buyer, the Marshal and
the court- appointed substitute custodian are hereby relieved of any and
all duties previously imposed by Order of this Court with respect to the
vessel, and are ordered to turn over the custody and control of the
Vessel forthwith to the buyer
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6. Any and all claims against the funds realized from the sale of the vessel
must be filed in written form to the Court no later than May 12, 2014,
or be forever barred.
Digitally signed
by David R.
Herndon
Date: 2014.04.09
10:40:45 -05'00'
IT IS SO ORDERED.
Signed this 9th day of April, 2014.
Chief Judge
U.S. District Court
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