Century Services LP v. Tug Kristin Lee Hannah

Filing 44

ORDER granting 42 Motion for postponement of sale. Interlocutory sale of vessel scheduled for 2/19/10 is postponed until further order of Court. Decree Ordering Sale of Vessel 34 and Writ of Venditioni Exponas 35 are vacated until further order of Court. Signed by Honorable David C. Bramlette, III on 2-17-10 (ECW)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION CENTURY SERVICES LP VS. TUG KRISTIN LEE HANNAH (Ex DAVID E) IN REM ORDER POSTPONING INTERLOCUTORY SALE OF VESSEL This cause is before the Court on the plaintiff Century Services LP's motion to postpone sale (docket entry 42). Having PLAINTIFF CIVIL ACTION NO. 5:09-cv-117(DCB)(JMR) DEFENDANT

carefully considered the motion, as well as the response of the intervenor Upper Mississippi River Fleeting, Inc., the Court finds as follows: On January 28, 2010, this court entered a Decree Ordering Sale of Vessel, ordering that sale of the M/V KRISTIN LEE HANNAH take place on February 19, 2010. On January 29, 2010, a Writ of

Venditioni Exponas issued to the United States Marshal for the Southern District of Mississippi. On February 11, 2010, the

plaintiff filed a motion for modification of the Court's January 28, 2010 Order. The following day, a Friday, the Courthouses in The

Natchez and Jackson were closed due to inclement weather.

following Monday, February 15, 2010, the Courthouses were closed for President's Day. On Tuesday, February 16, 2010, the Court

received the intervenor's response to the plaintiff's motion, which had been filed on Friday, February 12, 2010. Also on February 16,

2010, the Court received the plaintiff's emergency motion to postpone the sale, and the intervenor's response opposing the postponement. The plaintiff seeks to postpone the sale in the

event the Court cannot rule on its motion for modification before the February 19, 2010, sale date. The Court finds that it cannot

address the merits of the motion for modification, for which oral argument will likely be needed, prior to February 19, 2010. plaintiff's request for postponement of the sale date The shall

therefore be granted.

Accordingly,

IT IS HEREBY ORDERED that the plaintiff Century Services LP's motion to postpone interlocutory sale (docket entry 42) is GRANTED, and the sale of the M/V KRISTIN LEE HANNAH, scheduled for Friday, February 19, 2010, is hereby postponed until further Order of this Court; FURTHER ORDERED that the Decree Ordering Sale of Vessel (docket entry 34) and Writ of Venditioni Exponas (docket entry 35) are VACATED until further Order of this Court. SO ORDERED, this the 17th day of February, 2010.

/s/ David Bramlette UNITED STATES DISTRICT JUDGE

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