Viking Bank v. Perfect Union

Filing 26

ORDER granting 18 Stipulated Motion for Summary Judgment and Directing Sale with Credit Bid Authority by Judge Ricardo S Martinez.(RS) cc USMO

1. 2. 3. 4. 5. 6. 7. 8. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE IN ADMIRALTY Case No. C10-1035 RSM STIPULATED ORDER GRANTING SUMMARY JUDGMENT AND DIRECTING SALE WITH CREDIT BID AUTHORITY

9. VIKING BANK, a Washington state banking corporation 10. Plaintiff, 11. v. 12. PERFECT UNION, Official Number 510731, her engines, Machinery, Appurtenances, etc., 13. In Rem; 14. and 15. JACK I. JOHNSON and JOAN G. SHELLEDYJOHNSON, In Personam, 16. Defendants. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.
ORDER GRANTING SUMMARY JUDGMENT AND DIRECTING SALE - 1

THIS MATTER having come before this Court on plaintiff's Motion for Summary Judgment against the defendant vessel PERFECT UNION and in personam defendants Jack Johnson and Joan G. Shelledy-Johnson, and the Court, having considered the plaintiff's motion for summary judgment and supporting documents, defendants' stipulation to such motion and to the entry of this order and judgment, and all other materials filed therein, now, therefore,

HOLMES WEDDLE & BARCOTT, PC
999 THIRD AVENUE, SUITE 2600 SEATTLE, WA 98104-4011 TELEPHONE [phone] FAX [phone]

1.

IT IS ORDERED that plaintiff's Motion for Summary Judgment and Order

2. Directing Sale is GRANTED. Judgment in favor of plaintiff against the defendant vessel 3. PERFECT UNION and in personam defendants Jack Johnson and Joan G. Shelledy4. Johnson, jointly and severally, in the amount of $103,410.28, plus interest at the per diem 5. rate of $26.72, from June 9, 2010, plus $7,076.35 as its reasonable attorneys' fees and 6. costs. 7. IT IS FURTHER ORDERED that Viking Bank's Preferred Ship Mortgage is a

8. valid lien upon the Vessel, prior and superior to interests, liens, or claims of defendants 9. and any other person and is hereby foreclosed. 10. IT IS FURTHER ORDERED that the PERFECT UNION, Official Number

11. 510731, be sold pursuant to 46 U.S.C. §§ 31325(b)(1) and 31326, Supplemental 12. Admiralty Rule E(9), and Local Admiralty Rules 145, 150, and 155, free and clear of all 13. liens and encumbrances on a date and time hereafter arranged and agreed to by Viking 14. Bank and the U.S. Marshal. 15. IT IS FURTHER ORDERED that at the sale of the PERFECT UNION, Official

16. Number 510731, Viking Bank shall be permitted to bid all or a part of its judgment 17. hereunder without cash deposit. 18. IT IS FURTHER ORDERED that should excess funds remain after paying all

19. sums due others under this Order following the sale of said vessel, the excess funds shall 20. be sent to defendants Jack Johnson and Joan G. Shelledy-Johnson payable to the Cook & 21. Bartlett IOLTA Account. 22. 23. 24. 25. 26.
ORDER GRANTING SUMMARY JUDGMENT AND DIRECTING SALE - 2 HOLMES WEDDLE & BARCOTT, PC
999 THIRD AVENUE, SUITE 2600 SEATTLE, WA 98104-4011 TELEPHONE [phone] FAX [phone]

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1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Presented by: 12. HOLMES WEDDLE & BARCOTT 13. A Professional Corporation 14. 15. JOHN E. CASPERSON, WSBA #14292 16. R. SHAWN GRIGGS, WSBA #30710 Attorneys for Plaintiff 17. APPROVED FOR ENTRY 18. COOK & BARTLETT 19. 20. 21. Robert M. Bartlett, WSBA #19818 Attorneys for Defendants 22. 23. 24. 25. 26.
ORDER GRANTING SUMMARY JUDGMENT AND DIRECTING SALE - 3 HOLMES WEDDLE & BARCOTT, PC
999 THIRD AVENUE, SUITE 2600 SEATTLE, WA 98104-4011 TELEPHONE [phone] FAX [phone]

DATED this 27 day of December 2010.

A

RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE