Atlantic Coast Marine Group, Inc. v. One 28' Bayliner Motor Yacht, et al. in rem

Filing 18

ORDER granting Interlocutory Judgment and Directing Vessel Sale - Signed by Chief Judge James C. Dever III on 6/1/2018. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
In Admiralty
Civil Action Number: 4: 17-CV-17 6

ATLANTIC COAST MARINE
GROUP, INC.,
Plaintiff,
v.
One approximately 28' Bayliner
Motor Yacht bearing Hull
Identification Number
BL2A65ECL798 including its
engines, generators, fishing gear,
tenders, electronics, contents,
bunkers, interior appointments,
appurtenances, etc., in rem,
Defendant.

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ORDER GRANTING INTERLOCUTORY
JUDGMENT AND ·DIRECTING VESSEL SALE

This matter having come before the Court upon motion of Plaintiff Atlantic Coast Marine
Group, Inc. ("ACMG"), through its undersigned counsel, for an Order Granting Interlocutory
Judgment in favor of ACMG and One approximately 28' Bayliner Motor Yacht bearing Hull
Identification Number BL2A65ECL798 including its engines, generators, fishing gear, tenders,
electronics, contents, bunkers, interior appointments, appurtenances, etc., in rem (collectively
"Vessel") arising out of a Verified Complaint relating to unpaid marine storage charges, and the
Court having considered the papers supporting the motion, and there being no appearances in

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this matter and no opposition filed, it is on this _J_day of:Mfty, 2018 ORDERED as follows:
1. Interlocutory judgment be and is hereby ordered in favor of ACMG against Defendant
One approximately 28' Bayliner Motor Yacht bearing Hull Identification Number

BL2A65ECL798 including its engines, generators, fishing gear, tenders, electronics,
contents, bunkers, interior appointments, appurtenances, etc. in the amount of $2,115.00
and ACMG shall have an administrative claim in the amount of$11,593.00, which
amount shall be incorporated into the interlocutory judgment.
2. A maritime lien be and hereby is fixed on the defendant Vessel for the amount of the
interlocutory judgment and the Vessel is hereby condemned for public sale.
3. The defendant Vessel shall be sold free and clear of all claims, encumbrances and liens at
an auction sale to be held under the auspices of the United States Marshal for the Eastern
District ofNorth Carolina.
4. The U.S. Marshal for the Eastern District of North Carolina is authorized and directed to
conduct the public sale of the defendant Vessel to the highest responsible bidder deemed
eligible under 46 USC § 31329, such sale to be subject to the confirmation of this Court.
5. To the extent not previously paid, all of the expenses of the U.S. Marshal in connection
with the public sale, including without limitation the cost of publication, shall be paid out
of the $5,000.00 check advanced to the U.S. Marshal by ACMG.
6. The sale shall be conducted under the auspices of the United States Marshal for the
Eastern District of North Carolina on the courthouse steps at the United States
Courthouse, 413 Middle Street, New Bern, NC 28560 at a date and time as may be
properly noticed and is otherwise acceptable to the U.S. Marshal not later than 60 days
from the date of this Order. The Marshal, as the duly authorized representative, shall
conduct the sale in the following manner: (a) The sale shall be an auction sale to the
highest and best responsible bidder, subject to the provisions of this Order, which sale
shall be subject to confirmation by the Court within ten (10) days

oft~e

sale. (b) The U.S.

Marshal shall not transfer title to the purchaser until further Order of this Court. (c) The
highest and best responsible bidder, except as specified in paragraph "e" below, will be
. required to deliver to the U.S. Marshal at the time of sale a cashier's check, certified
check, or case deposit in an amount of at least (1 0%) of the bid, with the balance being
paid by cash, certified or cashier's check to the Marshal within seventy-two (72) hours of
the sale excepting Saturday, Sunday, and legal holidays. (d) If the successful bidder does
not pay the balance of the purchase price within the time allowed, the bidder shall be in
default, and the judicial offier may accept the second highest bid or may arrange a new
sale. The defaulting bidder's deposit shall be forfeited and applied to any additional cost
incurred by the U.S. Marshal because of the default, and the balance shall be retained in
the registry of the Court awaiting its order. (e) ACMG is hereby authorized to credit bid
on the defendant Vessel in incremental amounts up to the interlocutory judgment amount
together with such amounts as have accrued and have not yet been included in the
interlocutory judgment including expenses advanced to the U.S. Marshal, and storage of
the vessel all of which are to be calculated up to and including a date (10) days past the
date of the auction. ACMG shall advise the U.S. Marshal of the sum of its total credit bid
prior to the commencement of the bidding.
7. At the conclusion of the sale, the U.S. Marshal shall forthwith file a written report with
the Court setting forth the notice given; the fact of the sale; the date of the sale; the
names, addresses, and bid amount of the bidders, the price obtained, and any other
pertinent information.
8. Following confirmation of the sale by this Court, all proceeds shall be paid into the Court
registry save for those identified in herein at paragraph 9. Upon motion of the parties, the

proceeds will be disbursed in accordance with this Order and such further Orders as may
be made.
9. All administrative costs incurred by or on behalf of the U.S. Marshal subsequent to arrest, \
including without limitation its commission, shall be deemed to be expenses of the
Marshal and shall be reimbursed immediately out of the $5,000.00 advanced to the U.S.
Marshal Service by ACMG on February 16, 2018. Reimbursement to ACMG of its
administrative expenses in the amount of$11,593.00 together with any outstanding
amounts owed to ACMG as the Substitute Custodian up to the date of the confirmation of
the sale shall be made by the Clerk of Court subject to Court approval.
10. Upon confirmation ofthe sale, ACMG shall file its motion for entry of final default
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judgment seeking to have the interlocutory judgment entered this date against defendant
as well as any additional collection cost and all other cost or expenses as the Court may
deem appropriate included as part of a final deficiency judgment subject to credit from
the proceeds of the sale less the costs deducted pursuant to paragraph 9 and seeking a
decree for distribution of the sale proceeds on deposit with the Court's registry
constituent with these findings.
SO ORDERED. This the __l__ day of June 2018.

Ji\s C. DEVER III
Chief United States District Judge