Washington State Employees Credit Union v. M T POCKETS, P/C et al

Filing 25

ORDER granting 23 Motion for Default Judgment; M T POCKETS, P/C terminated. Signed by Judge Ronald B. Leighton.(DN)

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The Honorable Ronald B. Leighton

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON WASHINGTON STATE EMPLOYEES CREDIT UNION, a Washington corporation, Plaintiff, v. P/C M T POCKETS, Official Number 537196, her engines, tackle, apparel, furniture and equipment, In Rem, and JOHN J. MCMILLEN and MICHELLE M. MCMILLEN, his wife, and their marital community, In Personam, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN ADMIRALTY NO. C10-5379-RBL

DEFAULT JUDGMENT IN REM, JUDGMENT FORECLOSING PREFERRED MARINE MORTGAGE AND ORDER OF SALE

________________________________________________)

THIS MATTER came on regularly upon the motion of plaintiff, and the Court, having considered the records and files herein and the affidavit of counsel submitted with the motion, and an Order of Default having been entered, now makes the following findings: 1. Plaintiff is entitled to a Default Judgment against the defendant
Law Office of STAN LOOSMORE, P.S. 3011 One Union Square 600 University Street Seattle, WA 98101 206 622-2400

Default Judgment In Rem, Judgment Foreclosing Preferred Marine Mortgage and Order of Sale (C10-5379-RBL) - 1

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vessel, no answer or statement of right or interest having been filed; and 2. Plaintiff's claim under its preferred marine mortgage is superior to

that of any other claimant. NOW THEREFORE, IT IS ORDERED that the preferred marine mortgage on the P/C M T POCKETS, Official Number 537196, her engines, tackle, apparel, furniture and equipment, in favor of Washington State Employees Credit Union, is foreclosed; and it is further ORDERED that Washington State Employees Credit Union shall have judgment against the P/C M T POCKETS, Official Number 537196, her engines, tackle, apparel, furniture and equipment In Rem for $105,844.84, plus interest at the rate of $23.92 per day from April 14, 2010 through the date of entry of this judgment, plus attorneys' fees and costs and administrative expenses as subsequently approved by the Court; and it is further ORDERED that the judgment granted shall bear interest at the federal rate from the date of granting of this judgment until paid; and it is further ORDERED that the U. S. Marshal shall, pursuant to the rules of the United States District Court for the Western District of Washington, cause the P/C M T POCKETS, Official Number 537196, her engines, tackle, apparel, furniture and equipment, to be condemned and sold at public auction to the highest and best bidder, the sale to be held alongside the vessel on a date and at a time satisfactory to the U. S. Marshal to be determined after entry of this Order; and it is further ORDERED that at such sale, Washington State Employees Credit Union, plaintiff, is authorized to bid in any part of the judgment and accrued interest here awarded without cash deposit, and that, in the event the bid of
Law Office of STAN LOOSMORE, P.S. 3011 One Union Square 600 University Street Seattle, WA 98101 206 622-2400

Default Judgment In Rem, Judgment Foreclosing Preferred Marine Mortgage and Order of Sale (C10-5379-RBL) - 2

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Washington State Employees Credit Union, plaintiff, is the highest and best bid, the amount of such bid shall be credited on the judgment here awarded; and it is further ORDERED that the U. S. Marshal shall deposit the proceeds of the sale, if any, in the Registry of the Court and the Clerk shall, after having paid all costs and administrative expenses as approved by subsequent Order, pay to Washington State Employees Credit Union, plaintiff, so much of the balance remaining as is necessary to satisfy the judgment here awarded, and the clerk shall retain the remainder of the proceeds, if any, in the Registry of the Court subject to further Order.

DATED this 30th day of August, 2010.

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE
Presented by: /s/_______________________________________ Stan Loosmore, WSBA #6011 Attorney for Plaintiff Approved by:

/s/_______________________________________

for U. S. Marshal Western District of Washington
227-10011-8p
Law Office of STAN LOOSMORE, P.S. 3011 One Union Square 600 University Street Seattle, WA 98101 206 622-2400

Default Judgment In Rem, Judgment Foreclosing Preferred Marine Mortgage and Order of Sale (C10-5379-RBL) - 3