Alaska Growth Capital BIDCO, Inc. v. Klawock Oceanside Inc

Filing 13

ORDER granting plaintiff's 3 MOTION to Appoint Substitute Custodian by Judge Ricardo S Martinez. (RS) cc cert copies to USMO

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THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF
WASHINGTON AT SEATTLE

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ALASKA GROWTH CAPITAL BIDCO, INC.,
9. an Alaska corporation,
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IN ADMIRALTY

Plaintiff,
v.

Case No.: C17-734 RSM
AKUTAN, Official Number 288598, its engines,
12. tackle, rigging, equipment, and other
appurtenances, etc., In Rem;
ORDER APPOINTING
SUBSTITUTE CUSTODIAN, AND
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and
FOR BOARDING AND
INSPECTION
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KLAWOCK OCEANSIDE, INCORPORATED,
15. a Washington Corporation, LAURENCE E.
LANG, an individual, CARSON V. LANG, an
16. individual, and MARY L. LANG, an individual,
In Personam,
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Defendants.
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Alaska Growth Capital BIDCO, Inc., by and through its attorney, Holmes
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Weddle, & Barcott, PC, having appeared, now makes the following recitals:
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On May 10, 2017, a complaint herein was filed praying that the Defendant
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vessel AKUTAN, Official Number 288598, its engines, tackle, rigging, equipment, and
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other appurtenances, etc. (“Vessel”), be condemned and sold to pay Plaintiff’s claims and
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for other property relief.
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[PROPOSED] ORDER APPOINTING
CUSTODIAN - 1
Case No.

SUBSTITUE

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

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In the immediate future, the Clerk of this Court is expected to issue a

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warrant for arrest of the Vessel, commanding the United States Marshal for this District
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to arrest and take into custody the Vessel and to detain the same in its custody until
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further order of this Court respecting same.
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It is contemplated that the United States Marshal will seize the Vessel

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forthwith. Custody by the United States Marshal requires the services of one or more
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keepers at charges substantially in excess of those to be made by the substitute custodian
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alone, not including charges for moorage and the other services usually associated with
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safekeeping vessels similar to the defendant Vessel.
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It is believed that the Vessel is currently located at Jacobsen’s Marine in

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Seattle, WA. Plaintiff is agreeable to allow Marine Lender Services, LLC, through its
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Managing Member, Buck Fowler, to assume the responsibility of safekeeping the Vessel,
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and act as its custodian until further order of this Court.
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Buck Fowler, Managing Member of Marine Lender Services, LLC, by

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declaration submitted herewith and made a part hereof, avers that he can arrange for
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supervision and proper safekeeping of the defendant Vessel as set forth in his declaration.
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Further, in said declaration, substitute custodian accepts, in accordance with the terms of
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this order, possession of the defendant Vessel, its engines, tackle, rigging, equipment, and
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other appurtenances, etc., which is the subject of the action herein.
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In consideration of the United States Marshal’s consent to the appointment

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of Marine Lender Services, LLC, through Buck Fowler, as substitute custodian, Plaintiff
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agrees to release the United States and the United State Marshal from any and all liability
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and responsibility arising out of care and custody of the Vessel, from the time the United
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State Marshal transfers possession of the Vessel over to said substitute custodian, and
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[PROPOSED] ORDER APPOINTING
CUSTODIAN - 2
Case No.

SUBSTITUE

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

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Plaintiff further agrees to hold harmless and indemnify the United States and the United
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State Marshal from any and all claims whatsoever arising out of the substitute custodians’
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possession and safekeeping.
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THEREFORE, IT IS ORDERED that the United States Marshal for the Western
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District of Washington is authorized, upon seizure of the Vessel, pursuant to Warrant for
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Arrest, to surrender the possession thereof to Mr. Fowler as substitute custodian named
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herein, and that upon such surrender the United States Marshal shall be discharged from
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the duties and responsibilities for the safekeeping of the Vessel and held harmless from
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any and all claims whatsoever arising out of said custodial services.
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IT IS FURTHER ORDERED that Marine Lender Services, LLC, through its
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Managing Member, Buck Fowler, is appointed custodian of the Vessel and shall retain
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the Vessel in its custody for possession and safekeeping until further order of the Court.
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All costs for such safekeeping shall be paid by Plaintiff, and may, upon further order of
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this Court, be deemed administrative costs herein.
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IT IS FURTHER ORDERED that the substitute custodian may, upon notice to the
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Court, move the defendant vessel for security, cost, or other reasons such as the custodian
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may deem necessary.
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IT IS FURTHER ORDERED that the substitute custodian may permit boarding
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and inspection of the Vessel by marine surveyors, Plaintiff, and prospective purchasers in
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order to protect and preserve the Vessel and to determine the Vessel’s condition and
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value. All costs of such boardings and inspections shall be paid by Plaintiff and may,
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upon further order of this Court, be deemed administrative costs herein. All persons
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entering on board the Vessel shall execute a waiver and release in the form attached
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hereto.
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[PROPOSED] ORDER APPOINTING
CUSTODIAN - 3
Case No.

SUBSTITUE

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 FURTHER ORDERED that Plaintiff’s attorney serve a copy of this order
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on the owner of the Vessel.
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It is further requested that the Clerk of this Court deliver three certified copies of
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this order to the Unites States Marshal forthwith.
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DATED this 12th day of May 2017.

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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, P.C.

s/ John E. Casperson
17. John E. Casperson, WSBA #14292
Heather C. Cook, WSBA #48487
18. 999 Third Avenue, Suite 2600
Seattle, Washington 98104
19. Telephone: [phone]
Facsimile: [phone]
20. Email: [e-mail]
Email: [e-mail]
21. Attorneys for Plaintiff
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[PROPOSED] ORDER APPOINTING
CUSTODIAN - 4
Case No.

SUBSTITUE

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