Oregon Coast Bank v. F/V Alister

Filing 73

Judgment: Plaintiff Oregon Coast Bank is deemed the successful purchaser and owner of the fishing vessel Alister and its fishing gear. Plaintiff's financial entitlement in this matter is reduced by the amount of its bid in the sum of $144,503.79 and the mortgage to plaintiff is partially satisfied in that amount. There are no further legal claims or proceedings pending before this court. Signed on 9/8/10 by Chief Judge Ann L. Aiken. (lae)

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FlLED'10 SEP 1:3 08G9uSDC-ORE ROGER J. LEO, OSB NO. 73179 Attorney at Law e-mail: roger@rogerleo.com 5 2 0 SW Yamhill, Suite 1025 Portland, OR 97204 tel. (503) 222-1414 fax (503) 274-4773 Attorney tor Plaintiff UNITED STATES DISTRICT COURT D I S T R I C T OF OREGON E u g e n e Division O R E G O N COAST BANK, an Oregon state chartered Bank Plaintiff, CV. 10-6081.AA v. F(V Alister, Official No. 903 821, h e r engines, tackle, furniture, fixtures and appurtenances, Defendant. IN ADMIRALTY JUDGMENT The above matter came upon application of the Plaintiff Oregon Coast Bank. The Court found that the Plaintiff has taken steps to advertise the sale as provided by this Court's Order and LR 1045-1 more than 96 hours prior to the sale, and that those Affidavits of Publication are of record with the Court. Further, tlle United States Marshal Service has fIled its report, confirming III 1 - JUDGMENT Roger ,. Leo Attorney J.[ J....lW 5 2 0 SW Y",nhiU. S,c. 1025 PorH.tnd. OR 972()' 503·222·1414 F"",503·274·47i3 · ~ ." ...' <":. ' ":;,,1. the Sale was made to Plaintiff Oregon Coast Bank on a credit bid of $144,503.79. No party has appeared to contest the regularity of these proceedings, or to fue an objection pursuant to LR 1045-6. IT IS HEREBY ORDERED AND ADJUDGED that: 1. The report of the United States Marshal as to the conduct of the sale is accepted. No timely objection has been filed. 2. 1045-1. 3. PlaintifTOregon Coast Bank is confirmed as the successful bidder at sale, and is ordered PlaintifT Oregon Coast Bank has complied with the publication requirements of LR to be the Owner of the following property free and clear of any conflicting maritime lien claims: A. The fishing vessel Alister, Official No. 903 081, her engines, tackie, furniture, fixtures and appurtenances. B. The fishing gear owned by the F/V Alister located at the Port of Siuslaw in Florence, Oregon and in the Porr of Newporr in Newport, Oregon, and C. The following Oregon Limited Entry Permits: Oregon Limited Entry Permit for Shrimp No. 90004 Oregon Limited Entry Permit for Dungeness Crab No. 96331 (now No.96112); Oregon Limited Entry Permit forTroll Salmon No. 60277 Plainrifr Oregon Coast Bank is accordingly deemed the successful purchaser and the Owner of the above property, there having been no appearing claimants who objected to the regularity of these proceedings, or other bidders. III 2 - JUDGMENT Roger J. Leo AtTorney at Law 5 2 0 sw V4fl1hill, Sr<. 1025 PnrrLmd. OR 97204 503·222·1414 hx: 503·274-1773 4. PlaintitT Oregon wast Bank's financial entidemem in this matter is reduced by the amount of its bid in the Sunl of$144,503.79, and dle Preferred Ship Mortgage given by Christopher J, Wilson to Plaintiff is partially satisfied in that amount. 5. There are no further legal claims or proceedings pending before this court. This is the final Order in the case, and the Clerk shall issue a Closing Order. DATED this 8'h day of September, 2010 Honorable Ann Aiken U.S. District Judge PREPARED AND SUBMITTED BY: lsI Roger T. Leo Roger J. Leo, OSB #73179 Attorney for Plaintiff Oregon Coast Bank 520 SW Yamhill, Ste. 1025 Portland, OR 97204 Tel: 503.222-1414 Fax:: 503.274-4773 roger@rogerleo.com 3 - JUDGMENT Rog<r J. 1..:0 Arromer ar law 5 2 0 SW i""",JUU, Src. 1025 POrTland, OR 972[)4 503·222·1+14 Fax, 503·2744773

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