Northrim Bank v. Pearl Bay Seafoods LLC et al

Filing 84

ORDER granting Parties' 77 MOTION to Release the Vessel GLACIER BAY from Arrest and Supplement Final Accounting. The GLACIER BAY, Coast Guard Official Number 600325, shall be and is hereby immediately released from arrest and the custody of th e U.S. Marshal and the substitute custodian, Marine Lenders. Any and all liens that may have existed before the judicial sale on 5/29/2024 are hereby fully and finally extinguished consistent with Title 46 U.S.C. § 31326(a) and that full clean a nd marketable title in the GLACIER BAY is hereby vested in Northrim Bank. Northrim's Supplemental Final Accounting is approved in the amount of $694,498.59. All claims asserted, or assertable, by Northrim against Defendants Ioasoph Martushe v and Jospeh Martushev are dismissed with prejudice and without fees or costs to either party. The assignment of the Life Insurance Policies dated 6/8/2020 that are identified as security in the Commercial Promissory Note (Dkt. # 53 -2) at pp. 3 & 42 is hereby extinguished and released and no action shall be taken by Northrim on or against said Life Insurance Policies. Signed by Judge Ricardo S. Martinez. (SB) (cc: USMO)

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THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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Plaintiffs,

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PEARL BAY SEAFOODS, LLC, JOSEPH
MARTUSHEV, MIRON I BASARGIN,
ALEXANDER I. KALUGIN, NIKOLAI
IGNATIEVICH BASARGIN, and
IOASOPH MARTUSHEV, in personam; and
the Vessel GLACIER BAY, Official Number
600325, in rem,
Defendants.

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ORDER GRANTING MOTION TO
RELEASE THE VESSEL GLACIER BAY
FROM ARREST AND SUPPLEMENT
FINAL ACCOUNTING; DISMISSING
CLAIMS AGAINST IOASOPH
MARTUSHEV AND JOSEPH
MARTUSHEV WITH PREJUDICE AND
RELEASING SECURITY

PORT OF SEATTLE,

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Case No. 2:23-cv-01042-RSM

v.

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IN ADMIRALTY

NORTHRIM BANK

Intervenor-Plaintiff
v.
PEARL BAY SEAFOODS, LLC, and
GLACIER BAY, Official Number 600325, in
rem,

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Complaint in Intervention
Defendants

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{30010-01081240;1}

ORDER - Case No. 2:23-cv-01042-RSM
Page 1

Le Gros Buchanan
& Paul
4025 delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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THIS MATTER CAME BEFORE THIS COURT on Plaintiff’s Motion Seeking

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Release of the vessel GLACIER BAY, Official Number 600325 from arrest by the United

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States Marshal and the custody of the substitute custodian, Marine Lenders, and approval of

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the Supplemental Final Accounting (the “Motion”) concerning the judicial sale of the

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GLACIER BAY, the Non-Opposition of Interventor-Plaintiff the Port of Seattle, and the

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Stipulation of Plaintiff and Defendants Joseph Martushev and Ioasoph Martushev filed

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September 18, 2024, upon consideration of the Motion FINDS:

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THAT pursuant to this Court’s Order of March 6, 2024 (Dkt. #67) the GLACIER BAY,

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Coast Guard Official Number 600325 (“GLACIER BAY”) was sold by the United States

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Marshal on May 29, 2020 at a judicial sale (Dkt. #70) to Plaintiff Northrim Bank (“Northrim”)

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for a Credit Bid in the amount of $ 641,404.40.

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THAT on June 3, 2024, Northrim filed an Accounting with this Court (Dkts. #71, #72,
#73) of the attorneys’ fees and other expenses in custodia legis.

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THAT the Northrim Accounting contained in this Motion requests that the Court

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approve certain supplementations to the final accounting previously filed to address expenses

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incurred in custodia legis between the date of sale and the date the Bill of Sale and Marshal’s

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Final Exact Accounting was final on August 27, 2024.

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THAT this Court hereby approves of the supplementation to the Final Accounting, Dkt.
#71, and adjusts Plaintiff Northrim Bank’s Preferred Ship Lien to $694,498.59.

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THAT all claims asserted or assertable by Plaintiff against Defendants Joseph

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Martushev and Ioasoph Martushev are dismissed with prejudice, without award of fees or costs

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to either party.

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{30010-01081240;1}

ORDER - Case No. 2:23-cv-01042-RSM
Page 2

Le Gros Buchanan
& Paul
4025 delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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THAT Plaintiff Northrim Bank releases any assignment, and claims against, the Life

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Insurance Policies dated June 8, 2020, that are identified as security in the Commercial

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Promissory Note (Dkt. # 53-2) at pp. 3 & 43.

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IT IS THEREFORE ORDERED AND ADJUDGED that the GLACIER BAY, Coast

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Guard Official Number 600325, which was sold by a judicial sale conducted by the U.S.

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Marshal on May 29, 2024 to Northrim Bank on a credit bid of $641,404.04 shall be and is

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hereby immediately released from arrest and the custody of the U.S. Marshal and the substitute

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custodian, Marine Lenders.

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IT IS FURTHER ORDERED AND ADJUDGED that any and all liens that may have

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existed before the judicial sale on May 29, 2024 are hereby fully and finally extinguished

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consistent with Title 46 U.S.C. § 31326(a) and that full clean and marketable title in the

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GLACIER BAY is hereby vested in Northrim Bank.

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IT IS FURTHER ORDERED AND ADJUDGED THAT Northrim’s Supplemental
Final Accounting is approved in the amount of $694,498.59.

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IT IS FURTHER ORDERED AND ADJUDGED THAT all claims asserted, or

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assertable, by Northrim against Defendants Ioasoph Martushev and Jospeh Martushev are

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dismissed with prejudice and without fees or costs to either party.

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IT IS FURTHER ORDERED AND ADJUDGED that the assignment of the Life

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Insurance Policies dated June 8, 2020 that are identified as security in the Commercial

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Promissory Note (Dkt. #53-2) at pp. 3 & 42 is hereby extinguished and released and no action

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shall be taken by Northrim on or against said Life Insurance Policies.

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//

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//
{30010-01081240;1}

ORDER - Case No. 2:23-cv-01042-RSM
Page 3

Le Gros Buchanan
& Paul
4025 delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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DATED this 24th day of September, 2024.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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Presented by:
LANE POWELL PC
s/Katie Smith Matison
Katie Smith Matison, WSBA No. 20737
Daniel Miller, WSBA No. 56810
1420 Fifth Avenue, Suite 4200
P.O. Box 91302
Seattle, Washington 98111-9402
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Northrim Bank
/s/ Carey M.E. Gephart
CAREY M.E. GEPHART, WSBA #37106
LeGros Buchanan & Paul
4025 Delridge Way SW, Suite 500
Seattle, Washington 98106
Telephone: [phone]
Facsimile:
206-467-4828
Email:
[e-mail]
Attorney for Defendants Joseph Martushev
And Ioasoph Martushev

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{30010-01081240;1}

ORDER - Case No. 2:23-cv-01042-RSM
Page 4

Le Gros Buchanan
& Paul
4025 delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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CERTIFICATE OF SERVICE

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I hereby certify under penalty of perjury under the laws of the State of Washington

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that on September 18, 2024, I caused to be served a true and correct copy of the foregoing

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document to be delivered via the Court’s ECF System, on all counsel of record unless

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otherwise indicated below:

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Katie Smith Matison, WSBA No. 20737
Jesse Miles, WSBA No. 58096
Daniel R. Miller, WSBA No. 56810
1420 Fifth Avenue, Suite 4200
P.O. Box 91302
Seattle, Washington 98111-9402
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff, Northrim Bank

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Michelle Buhler, WSBA No. 16235
Charles S. Jordan, WSBA No. 19206
HARRIGAN LEYH FARMER & THOMSEN LLP
999 THIRD AVENUE, SUITE 4400
SEATTLE, WA 98104
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Intervenor Plaintiff, Port of Seattle

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I certify under the penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct this 18th day of September 2024.

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s/ Sheila Baskins
Sheila Baskins, Legal Assistant
Signed at Seattle, Washington

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{30010-01081240;1}

ORDER - Case No. 2:23-cv-01042-RSM
Page 5

Le Gros Buchanan
& Paul
4025 delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]