Delta Marine Industries, Inc. v. F/V SILVER ISLE et al

Filing 24

ORDER GRANTING DEFAULT JUDGMENT IN REM AGAINST F/V SILVER ISLE AND IN PERSONAM AGAINST RAYMOND AND NORMA FORSMAN, ORDER OF SALE OF VESSEL, AND CREDIT BID AUTHORITY re 22 Motion for Default Judgment, by Judge Ricardo S Martinez. (PM) cc: 3 cert to USMO

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THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF
WASHINGTON AT SEATTLE

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DELTA MARINE INDUSTRIES, INC., a
9. Washington corporation,
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v.
Case No.: C16-1411 RSM

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F/V SILVER ISLE, Washington Registration
12. No. WN367SUN, its engines, tackle, rigging,
equipment, and other appurtenances, etc.,
13. In Rem;
14. and
15. RAYMOND AND NORMA FORSMAN,
In Personam,
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Defendants.
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IN ADMIRALTY

Plaintiff,

ORDER GRANTING DEFAULT
JUDGMENT IN REM AGAINST F/V
SILVER ISLE AND IN PERSONAM
AGAINST RAYMOND AND NORMA
FORSMAN, ORDER OF SALE OF
VESSEL, AND CREDIT BID
AUTHORITY

This matter having come before the Court upon the motion of the plaintiff for

19. Judgment pursuant to Fed. R. Civ. Proc. 55(b) and LAR 130(d) against Defendants F/V
20. SILVER ISLE, Washington Registration No. WN367SU, its Engines, Machinery,
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Appurtenances, etc.(the “Vessel”), in rem, and Raymond and Norma Forsman in

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personam, and for an Order of Sale of the Vessel and credit bid authority. This Court,
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having reviewed the Motion and being fully advised, hereby finds that the motion should

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ORDER GRANTING
DEFAULT JUDGMENT- 1
Case No.: 2:16-cv-01411

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

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IT IS THEREFORE ORDERED AND ADJUDGED as follows:

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(1) That Delta Marine Industries, Inc. shall have judgment in rem against
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Defendant F/V SILVER ISLE, Washington Registration No. WN367SUN, its
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Engines, Machinery, Appurtenances, etc.,
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(2) That Delta Marine Industries, Inc. shall have judgment in personam against
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Defendants Raymond and Norma Forsman;
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(3) That the preferred maritime lien in favor of the Plaintiff on the Vessel is
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foreclosed and that any and all persons claiming any interest in the Vessel are
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forever barred and foreclosed of and from all rights of equity or redemption or
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claim to the Vessel;
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(4) That the U.S. Marshal shall, pursuant to Supplemental Rule E(9) and LAR
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150, cause the Vessel to be sold in accordance with the law;
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(5) That the proceeds of the sale should be applied to pay
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a. The Marshal’s costs of administration, and
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b. The in rem claims of the Plaintiff against the Vessel in the amount of
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$48,450.75.
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c. The in personam claims of the Plaintiff against Raymond and Norma
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Forsman, in the amount of $48,450.75.
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d. Substitute custodian fees, moorage and related fees in the amount of
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$6,852.14 through December 31, 2016, plus $35.00 per day from
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January 1, 2017 through confirmation of sale of vessel.
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e. All future custodian fees and costs of collection as calculated to the
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date of the sale.
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ORDER GRANTING
DEFAULT JUDGMENT- 2
Case No.: 2:16-cv-01411

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

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(6) That the Plaintiff shall be permitted to bid all or part of its judgment hereunder
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without cash deposit.
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SO ORDERED AND ADJUDGED on this 4th day of January 2017.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT
JUDGE

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Presented by:
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HOLMES WEDDLE & BARCOTT
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/s/ John E. Casperson
13. John E. Casperson, WSBA #14292
Heather C. Cook, WSBA #48487
14. 999 Third Avenue, Suite 2600
Seattle, Washington 98104
15. Telephone: [phone]
Facsimile: [phone]
16. Email: [e-mail]
Attorney for Plaintiff
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ORDER GRANTING
DEFAULT JUDGMENT- 3
Case No.: 2:16-cv-01411

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