TwinStar Credit Union v. Miss Nickle et al

Filing 25

JUDGMENT IN REM by Judge Benjamin H Settle. (TG)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TWINSTAR CREDIT
Washington corporation,

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a

Plaintiff,

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UNION,

v.
MISS NICKLE, Official Number 526859,
her engines, tackle, apparel, furniture and
appurtenances, In Rem; and MICHAEL
SANDERSON, In Personam

IN ADMIRALTY
NO. C11-5142 BHS
JUDGMENT IN REM FORECLOSING
PREFERRED MARINE MORTGAGE AND
ORDER OF SALE
[PROPOSED]

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THIS MATTER having come on regularly upon the motion of plaintiff, and the Court,

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having considered the records and files herein and the affidavit of counsel submitted with

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the motion, and an Order of Default having been entered, now makes the following findings:

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1.

Plaintiff is entitled to Judgment In Rem Foreclosing Preferred Marine

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Mortgage and Order of Sale against defendant vessel, no answer or statement of right or

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interest having been filed; and

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2.

Plaintiff's claim under its preferred marine mortgage is superior to that of any

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other claimant.

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NOW, THEREFORE,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the preferred marine

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mortgage on the Miss Nickle, Official Number 526859, her engines, tackle, apparel,

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furniture and equipment, in favor of TwinStar Credit Union, is foreclosed; and
S I E R I S LO N E R G A N & M A R TI , LLP
D
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JUDGMENT IN REM
FORECLOSING PREFERRED MARINE - 1.

A TTO R N E YS A T LA W
5 0 0 U N I N S TR E E T
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S E A TTLE , W A S H I G TO N 9 8 1 0 1
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( 0 6 )6 2 4 - 8 0 0
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that TwinStar Credit

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Union shall have judgment against Miss Nickle, Official Number 526859, her engines,

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tackle, apparel, furniture and equipment In Rem for $376,815.46, plus interest at the rate

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of 8.5% per year from February 18, 2011 through the date of entry of this judgment, plus

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attorneys' fees and costs and administrative expenses as subsequently approved by the

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Court; and

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the judgment

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granted shall bear interest at the federal rate from the date of granting of this judgment until

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paid; and

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the U.S. Marshal

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shall, pursuant to the rules of the United States District Court for the Western District of

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Washington, cause the Miss Nickle, Official Number 526859, her engines, tackle, apparel,

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furniture and equipment, to be condemned and sold at public auction to the highest and

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best bidder, the sale to be held alongside the vessel on a date and at a time satisfactory

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to the U.S. Marshal to be determined after entry of this Order; and

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that at such sale,

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TwinStar Credit Union, plaintiff, is authorized to bid in any part of the judgment and accrued

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interest here awarded without cash deposit, and that, in the event the bid of TwinStar Credit

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Union, plaintiff, is the highest and best bid, the amount of such bid shall be credited on the

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judgment here awarded; and

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the U.S. Marshal

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shall deposit the proceeds of the sale, if any, in the Registry of the Court and the Clerk

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shall, after having paid all costs and administrative expenses as approved by subsequent

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Order, pay to TwinStar Credit Union, plaintiff, so much of the balance remaining as is

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necessary to satisfy the judgment here awarded, and the clerk shall retain the remainder

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of the proceeds, if any, in the Registry of the Court subject to further Order.

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DATED this 19th day of October, 2011.

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S I E R I S LO N E R G A N & M A R TI , LLP
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JUDGMENT IN REM
FORECLOSING PREFERRED MARINE - 2.

A TTO R N E YS A T LA W
5 0 0 U N I N S TR E E T
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S E A TTLE , W A S H I G TO N 9 8 1 0 1
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BENJAMIN H. SETTLE
United States District Judge

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Presented by:

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_______________________________
Brian C. Read, of
SIDERIUS, LONERGAN & MARTIN, LLP
Attorneys for Plaintiff
WSBA #34091

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Approved as to form; Notice of presentation waived:
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______________________________
David C. Smith, of
LAW OFFICES OF DAVID SMITH, PLLC
Attorney for Defendants
WSBA #29824

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Approved by:

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_______________________________
for U.S. Marshal
Western District of Washington

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S I E R I S LO N E R G A N & M A R TI , LLP
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JUDGMENT IN REM
FORECLOSING PREFERRED MARINE - 3.

A TTO R N E YS A T LA W
5 0 0 U N I N S TR E E T
O
SU I 847
TE
S E A TTLE , W A S H I G TO N 9 8 1 0 1
N
( 0 6 )6 2 4 - 8 0 0
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FA X ( 0 6 ) 6 2 4 - 8 0 5
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