World Marine of Mississippi, LLC v. Ocean Saratoga et al

Filing 23

ORDER granting 21 Motion for Default Judgment Signed by Chief District Judge Louis Guirola, Jr. on 12/19/2016 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
WORLD MARINE OF MISSISSIPPI, LLC
v.

PLAINTIFF
CAUSE NO. 1:16CV381-LG-RHW

OCEAN SARATOGA, in rem, and
BRO-TEX INTERNATIONAL
METALS LLC, in personam

DEFENDANTS

ORDER FOR ENTRY OF DEFAULT
JUDGMENT AGAINST DEFENDANTS
After considering Plaintiff’s Motion for Default Judgment [21] against
Defendants, OCEAN SARATOGA, her engines, freights, tackle, apparel, etc., in
rem, and Bro-Tex International Metals LLC, in personam, the attached Affidavits,
the Memorandum in Support, and other evidence on file, the Court finds that the
record supports the entry of a default judgment against Defendants.
CONSIDERING THE FOREGOING:
IT IS ORDERED, ADJUDGED AND DECREED that the Motion for
Default Judgment [21] against Defendants filed by Plaintiff, World Marine of
Mississippi, LLC, is hereby GRANTED;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Defendants are found liable to Plaintiff for breach of contract with respect to the
July 7, 2015 Work Order;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Defendants are liable for and owe Plaintiff the sum of $620,931.03 on the base
contract balance of the Work Order (which amount includes the contractually-owed
service charge);

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Defendants are liable for all of Plaintiff’s reasonably incurred fees, costs and
expenses relating to Plaintiff’s collection efforts with respect to the Defendants’
obligations under the Work Order, this litigation and the arrest of the OCEAN
SARATOGA;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Defendants are liable for and owe Plaintiff the sum of $46,426.04 for Plaintiff’s
reasonably incurred fees, costs and expenses, which have been invoiced to Plaintiff
through the November 30, 2016 time frame, relating to Plaintiff’s collection efforts
with respect to the Defendants’ obligations under the Work Order, this litigation
and the arrest of the OCEAN SARATOGA;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Defendants are liable for any and all additional amounts that continue to accrue as
due to Plaintiff under the Work Order (including, but not limited to, Plaintiff’s
continued, reasonable fees, costs and expenses relating to this litigation with
Defendants) until such time that the OCEAN SARATOGA is removed from the Port
of Pascagoula as a result of a judicial sale or otherwise, and Plaintiff is relieved of
any and all responsibilities for the OCEAN SARATOGA under the Work Order and
as a result of the OCEAN SARATOGA’s berth at the Port of Pascagoula;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Plaintiff is reserved the right to move to set the amount of damages reflecting those
additional amounts for which Defendants are liable;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
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Defendants are liable for Plaintiff’s efforts and expenses as substitute custodian
(not duplicative of the contractually owed amounts), both past, present and future;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Plaintiff is reserved the right to move for the amount of its custodial expenses to be
set by the Court;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Defendants are liable for and owe to Plaintiff post-judgment interest on the
amounts awarded per this default judgment as called for by 28 U.S.C. § 1961;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Defendants are liable for post-judgment interest on any such additional amounts
found to be owed by Defendants to Plaintiff;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Plaintiff is now entitled to proceed in seeking the Court to have the OCEAN
SARATOGA sold by judicial sale to satisfy the amounts adjudged and ordered to be
owed by Defendants to Plaintiff.
SO ORDERED AND ADJUDGED this the 19th day of December, 2016.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE
Order Submitted by:
ALLISON COLÓN (MS Bar 103024)
BEAU E. LEBLANC (pro hac vice)
MATTHEW C. GUY (pro hac vice)
BLAND & PARTNERS P.L.L.C.
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909 Poydras Street, Suite 1860
New Orleans, LA 70130
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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