Century Services LP v. Tug Kristin Lee Hannah

Filing 60

ORDER denying 36 Motion for Default Judgment Signed by Honorable David C. Bramlette, III on 9/28/2010 (ECW)

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Century Services LP v. Tug Kristin Lee Hannah Doc. 60 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 UPPER MISSISSIPPI FLEETING, LLC PLAINTIFF CIVIL ACTION NO. 5:09-cv-117(DCB)(JMR) DEFENDANT INTERVENOR PLAINTIFF ORDER DENYING MOTION FOR DEFAULT JUDGMENT This cause is before the Court on the intervenor plaintiff Upper Mississippi Fleeting, LLC ("UMF")'s motion for default judgment (docket entry 42). Having carefully considered the motion, as well as the response of the plaintiff Century Services LP, the Court finds as follows: UMF filed its Intervening Complaint in this action, asserting a salvage lien, including contract salvage, which is a preferred maritime lien, against the M/V KRISTEN LEE HANNAH ("M/V KLH"). The M/V KLH did not answer or otherwise defend the Intervening Complaint. UMF moved for default, requesting the Court to enter a lien against the M/V KLH for salvage in the amount of $102,947.23, plus prejudgment interest. In response to UMF's motion, Century Services stated that the Clerk of Court had not entered a default and that the motion was procedurally deficient. motion should be denied as moot because In addition, the UMF subsequently transferred its interest in the salvage claim to Century Services, Dockets.Justia.com and sale of the M/V KLH has taken place. See Stipulation and Agreement of July 28, 2010; Bill of Sale of August 4, 2010; Order Granting Disbursement of Funds of August 12, 2010. Accordingly, IT IS HEREBY ORDERED that the intervenor plaintiff Upper Mississippi Fleeting, LLC ("UMF")'s motion for default judgment (docket entry 42) is DENIED. SO ORDERED, this the 28th day of September, 2010. /s/ David Bramlette UNITED STATES DISTRICT JUDGE 2

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