LAPIERRE'S ISLAND MAINE SERVICES INC v. ANOTHER IMPULSE M/V et al

Filing 28

ORDER granting 27 Motion for Order of Sale By JUDGE NANCY TORRESEN. (rmb)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
LAPIERRE’S ISLAND MARINE
SERVICES, INC.,

)
)
)
Plaintiff
)
)
v.
)
)
M/V ANOTHER IMPULSE
)
(O.N.1112979), her engines, boilers,
)
tackle, appurtenances, electronics, etc., )
in rem,
)
)
and
)
)
CHARLES ROBERT CALIRI
)
and SANDRA J. CALIRI,
)
in personam,
)
)
Defendants,
)
)
and
)
)
AGO COMMONWEALTH OF
)
MASSACHUSETTS,
)
Party-in-Interest.
)
)

Docket No.: 2:15-cv-00137-NT

ORDER OF SALE
Upon review of LaPierre’s Island Marine Service, Inc.’ Motion for Sale of
the M/V ANOTHER IMPULSE (O.N. 1112979), the Court finds as follows:
1.

On April 14, 2015, LaPierre’s Island Marine Services, Inc. (“Island

Marine”) filed a Verified Complaint against the M/V ANOTHER IMPULSE (O.N.
1112979), her engines, gear, tackle, apparel, furniture, equipment, etc. (the
“Vessel”), seeking foreclosure of a maritime lien on the Vessel and seeking
payment of money due and owing to it by the Vessel.

2.

The United States Marshal for the District of Maine arrested and

took the M/V ANOTHER IMPULSE (O.N. 1112979), into the Marshal’s custody
and, upon Order of this Court, transferred possession of the Vessel to Island
Marine as substitute custodian. The Vessel currently remains in Island Marine’s
custody.
3.

On June 2, 2015, Default Judgment was entered by this Court in

favor of Plaintiff Island Marine and against Defendants M/V ANOTHER
IMPULSE, Charles Robert Caliri, and Sandra J. Caliri.
4.

A money judgment is enforced by a writ of execution, unless the court

directs otherwise. Fed.R.Civ.P. 69(a). Any personalty sold under any order or
decree of any court of the United States shall be sold in accordance with 28 U.S.C.
§ 2001, unless the court orders otherwise. 28 U.S.C. § 2004.
6.

Federal District Courts may direct the enforcement of money

judgments by judicial sales. United States v. Wight, 2007 U.S. Dist. LEXIS 16582
(E.D. Cal. 2007) (citations omitted). A judicial sale differs from an execution sale
in that a judicial sale is conducted pursuant to directions of the court and the
federal statutes. 28 U.S.C. §§ 2001-2007; Yazoo & M.V.R. Co. v. City of Clarksdale,
257 U.S. 10, 42 S. Ct. 27, 66 L. Ed. 104 (1921); United States v. Branch Coal Corp.,
390 F.2d 7, 9 (3d Cir. 1968). Congress has authorized the federal judiciary to use
sound discretion in setting the terms and conditions for judicial sales. United
States v. Branch Coal Corp., 390 F.2d 7, 10 (3d Cir. 1968). See also, South Port
Marine, LLC v. M/V Crystal Marie, DOCKET NO. 2:15-cv-122-GZS.
7.

Plaintiff Island Marine has requested that this Court issue an order

authorizing a judicial sale of the M/V ANOTHER IMPULSE on the grounds that
it is in the best interest of both Plaintiff and Defendants Charles Robert Caliri
and Sandra J. Caliri, and Defendant Vessel, through her owners, Defendants
Charles Robert Caliri and Sandra J. Caliri, that the sale of the Vessel maximize
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the value of the Vessel, which can best be accomplished by selling the Vessel at a
public auction conducted by the United States Marshal’s Service, which will not
only allow for the sale of the Vessel free and clear of any liens or other
encumbrances, but also provide the Court with oversight of the sale and
confirmation process
8.

The Court finds that it has discretion to order a judicial sale of the

Vessel. The Court further finds that it is in the best interests of the parties hereto
to maximize the value of the Vessel, and that the Court should exercise some
control over the sale of the Vessel.
THEREFORE, it is hereby ORDERED and DECREED that:
1.

The M/V ANOTHER IMPULSE (O.N. 1112979), her engines, gear,

tackle, apparel, furniture, equipment, etc., be condemned and sold and that the
United States Marshal or one of his Deputies shall sell such vessel, the M/V
ANOTHER IMPULSE (O.N. 1112979), her engines, gear, tackle, apparel,
electronics, furniture, equipment, etc., to the, highest bidder at a public auction to
be held at Island Marine’s facilities in Kittery, Maine, on a date to be set by the
United States Marshal for the District of Maine.
2.

Notice of such sale, in the form attached hereto as Exhibit “A” shall

be published prior to the date of the sale for two consecutive weeks for at least one
day per week in the Biddeford, Maine, Journal Tribune, a newspaper generally
circulated in York County, Maine, including Kittery, in the District of Maine.
3.

Island Marine is hereby permitted to bid at the sale an amount up to

and including the amount of its Judgment, plus all in custodia legis expenses

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incurred by Island Marine to the date of the sale, and to purchase the Vessel,
without having to pay money to either the United States Marshal or this Court
until such time as the Court so orders.
4.

The terms of sale shall be as set forth in Notice attached hereto as

Exhibit A.
5.

Such sale shall be subject to confirmation by the Court.

6.

Should a person or entity other than Island Marine be the successful

bidder at the sale, then the proceeds of such sale are to be paid into the registry
of this Court, subject to further orders and decrees as the Court shall make.
7.

Subject to the terms of this Order, the United States Marshal shall

bring the proceeds of the sale into Court and shall deposit the same with the Clerk
pending further orders and decrees as the Court may issue. All liens upon the
Vessel adjudged valid and enforceable by the Court shall attach to the proceeds
thereof in the same relative priorities which they enjoyed when they attached to
the Vessel, and the Vessel shall thereupon be sold free and clear of all liens and
encumbrances whatsoever.
SO ORDERED.
/s/ Nancy Torresen__________________________
United States Chief District Judge
Dated at this 3rd day of June, 2015.

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EXHIBIT A

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PUBLIC AUCTION
BY

U. S. MARSHAL SERVICE
_______ _.M.
_________________ 2015
AT ISLAND MARINE SERVICES,
32 ROUTE 236, KITTERY, MAINE

M/V ANOTHER IMPULSE
(O.N. 1112979),
her engines, gear, tackle, apparel, electronics, furniture, equipment, etc.
The M/V Another Impulse is a is a 40-foot Cruisers motor yacht, with twin Volvo
Penta diesel engines, constructed in 1992 by KCS International Yachts in Oconto,
Wis.
Sale of vessel to be “as is – where is” without any warranties, express or implied.
Vessel may be inspected upon arrangements with LaPierre’s Island Marine
Services, Inc., 32 Route 236, Kittery, Maine - [phone].
TERMS: If the sale price is less than $5,000, then the full purchase price shall
immediately be paid to the United States Marshal. If the bid exceeds $5,000, then
the bidder shall immediately pay to the United States Marshal $3,000 or 10% of
the bid, whichever is greater, and shall pay the balance within three days after
the day on which the bid was accepted. If an objection to the sale is filed within
that three-day period, the bidder is excused from paying the balance of the
purchase price until three court days after the sale is confirmed. Payment shall
be made by certified check or by cashier’s check. Such check shall be made payable
to the United States Marshal for the District of Maine.
For further information, contact Leonard W. Langer, Esq., 207-774-2500, or
Darren LaPierre, 207-439-3810.
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