Integrated Marine Systems, Inc. v. F/V Ocean Eagle et al

Filing 11

ORDER Granting Plaintiff's 4 Motion to Appoint Substitute Custodian by Judge Richard A Jones. (CL) (cc: USMO)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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INTEGRATED MARINE SYSTEMS, INC., )
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a Washington corporation,
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Plaintiff,
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v.
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F/V OCEAN EAGLE, Washington
Registration No. WN4606RR, its engines, )
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tackle, rigging, equipment and other
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appurtenances, in rem; and OLE
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OKSVOLD and ANDREA OKSVOLD,
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husband and wife, and their marital
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community, in personam,
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Defendants.
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IN ADMIRALTY
NO. 2:13-cv-02191
ORDER APPOINTING SUBSTITUTE
CUSTODIAN

THIS MATTER comes before the Court on Plaintiff’s Ex Parte Motion for

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Order Appointing Substitute Custodian. The Court has considered the motion and the

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declaration of Plaintiff’s counsel and of Jeff Osborn, the proposed substitute custodian. The

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court GRANTS the motion. Dkt. # 4.

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NOW, THEREFORE, the Court Finds, Concludes and Orders as follows:

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Findings and Conclusions
1.

On December 9, 2013, the Verified Complaint In Rem and In Personam

to Foreclose Maritime Lien was filed herein, praying that the F/V OCEAN EAGLE,
ORDER APPOINTING SUBSTITUTE
CUSTODIAN - 1

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271 Wyatt Way NE, Ste. 106, Bainbridge Is., WA 98110
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Washington Registration No. WN4606RR, its engines, tackle, rigging, equipment and other

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appurtenances (the “Vessel”), be arrested, condemned and sold to pay Plaintiff’s demands

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and claims for other proper relief.
2.

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By Order of this Court, the Clerk of this Court has issued a Warrant of

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Arrest commanding the United States Marshal for this District to arrest and to take into

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custody the defendant Vessel and to detain the same in his custody until further Order of

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this Court respecting the same. The Vessel is currently believed to be located at the

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Fishermen’s Terminal in Seattle, Washington.
3.

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Jeff Osborn of Dock Street Custodial, LLC has agreed to assume

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responsibility for the safekeeping of the said Vessel and has consented to act as her

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custodian until further Order of this Court, for the sum of $750.00 per month. The United

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States Marshal is unable to perform or have performed these same services at a comparable

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rate. The transfer of the defendant Vessel to the substitute custodian for safekeeping will

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not be effected until all charges incurred by the Marshal have been paid by the moving

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party.

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4.

Jeff Osborn, the proposed substitute custodian, has averred in his

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Declaration that neither he nor Dock Street Custodial LLC, his company, has an interest in

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the outcome of this action in which the Vessel is or will be under arrest.

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5.

Mr. Osborn further avers in his Declaration that he has adequate

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facilities and supervision for the proper safekeeping of the Vessel and that he possesses

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insurance with policy limits of at least One Million Dollars to respond in damages for loss

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or injury to the defendant Vessel or for damages sustained by third parties due to any acts,

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faults or negligence by the substitute custodian. Furthermore, he avers that the moving

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party, plaintiff herein, has agreed to release the United States and the Marshal from any

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and all liability and responsibility arising out of the care and custody of the Vessel, from

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the time the Marshal transfers possession of the property to the substitute custodian until
ORDER APPOINTING SUBSTITUTE
CUSTODIAN - 2

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271 Wyatt Way NE, Ste. 106, Bainbridge Is., WA 98110
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the property is released or sold, and that the moving party has agreed to hold harmless and

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indemnify the United States Marshal from any and all claims arising out of the substitute

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custodian’s possession and safekeeping.

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6.

Mr. Osborn has agreed to accept appointment as substitute custodian

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in accordance with the terms of this Order and possession of the defendant Vessel and will

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safely keep the property for the duration of the appointment as substitute custodian.

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7.

Plaintiff, as the moving party, has agreed to be responsible for

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advancing payment of the substitute custodian fees, moorage fees and electricity charges

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for the Vessel, and substitute custodian’s legal liability insurance premiums, reserving the

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right to seek reimbursement of such fees, charges and premiums as an expense of

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administration herein. Moorage fees for the Vessel are expected to be approximately

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$400.00 per month, plus electricity charges, where the Vessel currently lies at berth at

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Fishermen’s Terminal in Seattle, but may be somewhat higher should it become necessary

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to move the Vessel to alternate moorage.

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8.

The Vessel will not be moved and no person except the appointed

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substitute custodian will be allowed to enter onto the Vessel except as necessary to transfer

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the Vessel to the facilities of the substitute custodian or other alternative moorage for

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safekeeping at the substitute custodian’s discretion and except as necessary to adequately

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safekeep and protect the property, or as may be expressly permitted by Order of the Court.

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Order

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NOW, THEREFORE, IT IS HEREBY ORDERED that the United States

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Marshal for the Western District of Washington is authorized upon seizure of the F/V

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OCEAN EAGLE, Washington Registration No. WN4606RR, pursuant to the Warrant of

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Arrest issued by the Clerk of this Court, to surrender possession of the F/V OCEAN

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EAGLE, its engines, tackle, rigging, equipment and other appurtenances to Jeff Osborn, the

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substitute custodian named herein, and that upon such surrender the Marshal shall be
ORDER APPOINTING SUBSTITUTE
CUSTODIAN - 3

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271 Wyatt Way NE, Ste. 106, Bainbridge Is., WA 98110
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discharged from his duties and responsibilities for the safekeeping of said Vessel and held

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harmless from any and all claims arising out of said substituted possession and

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safekeeping.
IT IS FURTHER ORDERED that Jeff Osborn is appointed the custodian of

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said Vessel to retain the same in his custody for safekeeping for the aforementioned

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compensation until further Order of this Court.
IT IS FURTHER ORDERED that all Court-approved expenses for the

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safekeeping of the defendant Vessel under the substitute custodianship of Jeff Osborn shall

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be deemed administrative expenses of the United States Marshal.
IT IS FURTHER ORDERED that Jeff Osborn may move the Vessel during the

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pendency of this action from the Vessel’s current location to other locations within this

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District, as he may deem necessary and appropriate for the economical and safe custody of

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the Vessel.

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DATED this 10th day of December, 2013.

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The Honorable Richard A. Jones
United States District Court Judge

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ORDER APPOINTING SUBSTITUTE
CUSTODIAN - 4

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271 Wyatt Way NE, Ste. 106, Bainbridge Is., WA 98110
Telephone [phone]