Caselli et al v. M/V Shine et al

Filing 24

ORDER granting 21 Motion for Entry of Default. Signed by Julie Richards Johnston, Clerk of Court on 12/14/2016. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Southern Division
Civil Action No.: 7:16-cv-00343-BR
In Admiralty
JOSEPH A. CASELLI, JR. and
REBECCA G. CASELLI,
Plaintiffs,
v.
M/V SHINE (f.k.a. LAST CALL)
(Official No. 696488), her engines, tackle
furniture, appurtenances, etc., in rem
KB MARINE, LLC, and
MATTHEW SCOTT GRIFFIN,
individually/in personam,
Defendants.

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ENTRIES OF DEFAULT IN ACTION IN REM
AND AGAINST IN PERSONAM DEFENDANTS

THIS MATTER is before the Court on Plaintiff’s Motion for Entries of Default in action
in rem and against in personam Defendants [DE#21] and Memorandum in Support of Plaintiff’s
Motion for Entries of Default in action in rem and against in personam Defendants [DE#22]; and,
it appearing from the record that:
1.

The Verified Complaint in this action was filed on October 5, 2016 [DE#1].

2.

The M/V SHINE (fka LAST CALL) (Official No. 696488), her engines, tackle,

furniture, appurtenances, etc. (“Vessel”) was served with process and validly arrested in
accordance with Supplemental Rule C on October 16, 2016 [see DE#15, 16 and 17].
3.

Notice of the action and arrest of the Vessel has been given in accordance with

Rules 55, C(4) and Local Admiralty Rules C(2) and (3).

4.

The notice required by Supplemental Rule C(4) and Local Admiralty Rules C(2),

(3), provided that anyone “who is entitled to possession or who claims an interest in the Vessel,
must file a claim and serve an answer on or before November 23, 2016, otherwise, default may
be entered and condemnation ordered” (emphasis added) and on November 18, 2016, Notice of
Publication in the Star News (Wilmington, North Carolina) attaching an Affidavit of Publication
on November 2, 2016 was filed [DE#20]; the notice or arrest and requirement to file a claim and
serve an answer on or before November 23, 2016 was properly published in accordance with Local
Admiralty Rule C(2) and was in all respects proper.
5.

Service of process was properly made on Defendant Matthew Scott Griffin on

November 8, 2016 [DE#18].
6.

Service of process was properly made on Defendant KB Marine, LLC on November

8, 2016 [DE#19].
7.

At the time of the arrest of the Vessel, there was no master aboard; instead, she had

been peacefully repossessed by/for Plaintiffs and she was ashore at 10375 Royster Road, Navassa,
North Carolina 28451, being the facility known as Cape Fear Boatworks, Inc. (see [DE#1, para.
16, and DE#17]), which is the substitute custodian of the Vessel [DE#14] and only other person
or entity who has not appeared and might be said to have an interest in the Vessel; the President
of Cape Fear Boatworks, Inc., Samuel Long, Jr., was present at the arrest and has received notice
of and is well aware of this action and the arrest in conjunction with his/its duties as substitute
custodian and otherwise (see Affidavit of Samuel Long, Jr. attached as Exhibit “A” to DE#22);
any notice required to be given to Cape Fear Boatworks, Inc. was proper.

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8.

A General Index on Abstract of Title from the United States Coast Guard National

Vessel Documentation Center for the Vessel (attached as Exhibit “B” to DE#22) demonstrates that
Plaintiffs have a first preferred ships mortgage and that there are no others who appear to have a
recorded interest in the Vessel who have not been served with requisite notice (Owner (Defendant
KB Marine, LLC) and co-debtor (Matthew Scott Griffin) have proper notice.)
9.

The Vessel is not subject to the Foreign Sovereign Immunities Act.

10.

Notice of the action and arrest required by Supplemental Rule C(4) and Local

Admiralty Rules C(2) and (3) was properly made on all of those believed or alleged to have an
interest, recorded or otherwise, in the in rem Defendant Vessel.
11.

Plaintiffs properly provided and served all notices including that of the action and

12.

Despite proper service, no claim or answer has been served or filed within the

arrest.

prescribed time.
NOW, THEREFORE, pursuant to F.R.Civ.P. 55, Rule C(5) of the Supplemental Rules for
Admiralty or Maritime Claims, and Local Admiralty Rule C(4), the Court enters defaults (a) in the
action in rem, against all persons, including Defendants, and (b) in the action in personam, against
the in personam Defendants.
This the 14th day of December, 2016.

________________________________________
Julie Richards Johnston
Clerk of Court

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