Bank of America, N.A. v. BLACK HAWK, O.N. 515015 et al

Filing 28

ORDER granting 26 Bank of America, N.A.'s Motion for Default Judgment In Rem against Black Hawk and In Personam Against Sound Freight Lines, Inc., Kay L. Washburn and Daniel L. Washburn, 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 AT TACOMA BANK OF AMERICA, N.A, Plaintiff, IN ADMIRALTY Case No. 3:10-cv-05427 RBL ORDER GRANTING MOTION FOR ORDER OF DEFAULT JUDGMENT IN REM AGAINST BLACK HAWK AND IN PERSONAM AGAINST SOUND FREIGHT LINES, INC., KAY L. WASHBURN AND DANIEL L. WASHBURN, AWARD OF ATTORNEYS' FEES AND COSTS, FOR ORDER OF SALE, AND FOR CREDIT BID AUTHORITY

BLACK HAWK, Official No. 515015, its Engines, Machinery, Appurtenances, etc.; In Rem; and SOUND FREIGHT LINES, INC., a Washington corporation; and KAY L. WASHBURN and DANIEL L. WASHBURN, individually and the marital community composed thereof; In Personam, Defendants.

THIS MATTER, having come before the Court upon the Plaintiff's motion for (1)

21. a default judgment in rem against BLACK HAWK, Official No. 515015; (2) a default 22. judgment in personam against Sound Freight Lines, Inc.; (3) a default judgment in 23. personam against Kay L. Washburn; (4) a default judgment in personam against Daniel 24. 25. 26.
ORDER FOR DEFAULT JUDGMENT - 1 Case No. 3:10-CV-05427 RBL HOLMES WEDDLE & BARCOTT, PC
999 THIRD AVENUE, SUITE 2600 SEATTLE, WA 98104-4011 TELEPHONE [phone] FAX [phone]

L. Washburn; (5) award of legal fees, costs and in custodia legis expense; (6) an order for

1. sale of the defendant vessel; (7) for credit bid authority; and (8) for satisfaction of all 2. 3. 4. 5. liens and encumbrances out of the proceeds of the sale. After due consideration, the Court having reviewed the records and files herein and the Declaration of John E. Casperson, and being otherwise advised in the premises, it

6. is hereby: 7. ORDERED that the Preferred Ship Mortgages of Bank of America on the

8. BLACK HAWK, Official No. 515015, its engines, machinery, and appurtenances, etc., is 9. 10. 11. 12. hereby foreclosed; and it is further ORDERED that Bank of America shall have judgment jointly and severally against Sound Freight Lines, Inc., Kay L. Washburn and Daniel L. Washburn,

13. individually and against the marital community, and against the BLACK HAWK, 14. Official No. 515015, its engines, machinery, appurtenances, etc., based on the August 15. 2008 Note the amount of $2,585,506.50, plus interest thereon through May 10, 2010 in 16. 17. 18. 19. 20. the amount of $56,252.12, plus per diem interest in the amount of at $181.53 per diem from May 10, 2010 through November 8, 2010, plus a late fee of $7,615.43, for a total principal and interest of $2,682,412.51; and it is further ORDERED that Bank of America shall have judgment jointly and severally

21. against Sound Freight Lines, Inc., Kay L. Washburn and Daniel L. Washburn, 22. individually and against the marital community, and against the BLACK HAWK, 23. 24. 25. 26. amount of $1,046.18, plus per diem interest in the amount of at $116.80 per diem from
ORDER FOR DEFAULT JUDGMENT - 2 Case No. 3:10-CV-05427 RBL HOLMES WEDDLE & BARCOTT, PC
999 THIRD AVENUE, SUITE 2600 SEATTLE, WA 98104-4011 TELEPHONE [phone] FAX [phone]

Official No. 515015, its engines, machinery, appurtenances, etc., based on the July 2001 Note the amount of $570,160.96, plus interest thereon through May 10, 2010 in the

1. May 10, 2010 through November 8, 2010, for a total principal and interest of 2. 3. 4. 5. $592,464.74; and it is further ORDERED that Bank of America shall have judgment jointly and severally against Sound Freight Lines, Inc., Kay L. Washburn and Daniel L. Washburn,

6. individually and against the marital community, and against the BLACK HAWK, 7. Official No. 515015, its engines, machinery, appurtenances, etc., based on the February 8. 2005 Note the amount of $200,000.00, plus interest thereon through May 10, 2010 in the 9. 10. 11. 12. 13. amount of $187.50, plus per diem interest in the amount of at $20.83 per diem from May 10, 2010 through November 8, 2010, plus late fees of $8,000.00 for a total principal and interest of $211,978.56; and it is further ordered ORDERED that Bank of America shall have judgment jointly and severally

14. against Sound Freight Lines, Inc., Kay L. Washburn and Daniel L. Washburn, 15. individually and against the marital community, and against the BLACK HAWK, 16. 17. 18. 19. Official No. 515015, its engines, machinery, appurtenances, etc., based on the ISDA Confirmation and Guaranty the amount of $202,000, plus per diem interest in the amount of $37.63 per diem from May 10, 2010 through November 8, 2010, for a total principal

20. and interest of $208,848.66; and it is further 21. ORDERED that Bank of America shall have judgment jointly and severally

22. against Sound Freight Lines, Inc., Kay L. Washburn and Daniel L. Washburn, 23. 24. 25. 26.
ORDER FOR DEFAULT JUDGMENT - 3 Case No. 3:10-CV-05427 RBL HOLMES WEDDLE & BARCOTT, PC
999 THIRD AVENUE, SUITE 2600 SEATTLE, WA 98104-4011 TELEPHONE [phone] FAX [phone]

individually and against the marital community, and against the BLACK HAWK, Official No. 515015, its engines, machinery, appurtenances, etc., in the amount of

1. $25,022.75 representing costs in custodia legis to arrest and keep the BLACK HAWK 2. 3. 4. 5. since the time of arrest through the present, and it is further ORDERED that Bank of America shall have judgment jointly and severally against Sound Freight Lines, Inc., Kay L. Washburn and Daniel L. Washburn,

6. individually and against the marital community, and against the BLACK HAWK, 7. Official No. 515015, its engines, machinery, appurtenances, etc., in the amount of 8. $13,707.09, representing attorneys' fees and costs for attorneys' fees and expenses 9. 10. 11. 12. incurred in the enforcement of the Preferred Ship Mortgages; and it is further ORDERED that Bank of America shall have a total judgment jointly and severally against Sound Freight Lines, Inc., Kay L. Washburn and Daniel L. Washburn,

13. individually and against the marital community, and against the BLACK HAWK, 14. Official No. 515015, its engines, machinery, appurtenances, etc., in the amount of 15. $3,734,434.31, plus per diem interest of $356.79 from November 8, 2010; and it is 16. 17. 18. 19. further ORDERED that the United States Marshal shall, pursuant to Supplemental Admiralty Rule E(9) and to Local Admiralty Rules 145, 150, and 155 and cause the

20. BLACK HAWK, Official No. 515015, its engines, machinery, appurtenances, etc., to be 21. sold, free of all liens and encumbrances on the date and time hereafter arranged and 22. agreed to by plaintiff and the U.S. Marshal; and it is further 23. 24. 25. 26. deposit, plus accrued interest and accrued costs in custodia legis.
ORDER FOR DEFAULT JUDGMENT - 4 Case No. 3:10-CV-05427 RBL HOLMES WEDDLE & BARCOTT, PC
999 THIRD AVENUE, SUITE 2600 SEATTLE, WA 98104-4011 TELEPHONE [phone] FAX [phone]

ORDERED that at the sale by the U.S. Marshal of the BLACK HAWK, Bank of America shall be permitted to bid all or part of its judgments hereunder without cash

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DATED this 10th day of November, 2010.

A
Presented By: HOLMES WEDDLE & BARCOTT

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

10. s/ John E. Casperson John E. Casperson 11. 999 Third Avenue, Suite 2600 Seattle, Washington 98104 12. Telephone: [phone] Facsimile: [phone] 13. Email: [e-mail] Attorney for Plaintiff 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.
ORDER FOR DEFAULT JUDGMENT - 5 Case No. 3:10-CV-05427 RBL HOLMES WEDDLE & BARCOTT, PC
999 THIRD AVENUE, SUITE 2600 SEATTLE, WA 98104-4011 TELEPHONE [phone] FAX [phone]

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