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Atlantic Coast Marine Group, Inc. v. One 28' Bayliner Motor Yacht bearing Hull Identification No. BL2A65ECL798
United States District Court, E.D. North Carolina, Eastern Division
June 1, 2018
ATLANTIC COAST MARINE GROUP, INC., Plaintiff,
One approximately 28' Bayliner Motor Yacht bearing Hull Identification No. BL2A65ECL798 including its engines, generators, fishing gear, tenders, electronics, contents, bunkers, interior appointments, appurtenances, etc., in rem. Defendant.
ORDER GRANTING INTERLOCUTORY JUDGMENT AND DIRECTING
C. DEVER III CHIEF UNITED STATES DISTRICT JUDGE.
matter having come before the Court upon motion of Plaintiff
Atlantic Coast Marine Group, Inc. ("ACMG"), through
its undersigned counsel, for an Order Granting Interlocutory
Judgment in favor of ACMG and One approximately 28'
Bayliner Motor Yacht bearing Hull Identification Number
BL2A65ECL798 including its engines, generators, fishing gear,
tenders, electronics, contents, bunkers, interior
appointments, appurtenances, etc., in rem
(collectively "Vessel") arising out of a Verified
Complaint relating to unpaid marine storage charges, and the
Court having considered the papers supporting the motion, and
there being no appearances in this matter and no opposition
filed, it is on this 1 day of June, 2018 ORDERED as follows:
1. Interlocutory judgment be and is hereby ordered in favor
of ACMG against Defendant One approximately 28' Bayliner
Motor Yacht bearing Hull Identification Number BL2A65ECL798
including its engines, generators, fishing gear, tenders,
electronics, contents, bunkers, interior appointments,
appurtenances, etc. in the amount of $2, 115.00 and ACMG
shall have an administrative claim in the amount of $11,
593.00, which amount shall be incorporated into the
2. A maritime lien be and hereby is fixed on the defendant
Vessel for the amount of the interlocutory judgment and the
Vessel is hereby condemned for public sale.
3. The defendant Vessel shall be sold free and clear of all
claims, encumbrances and liens at an auction sale to be held
under the auspices of the United States Marshal for the
Eastern District of North Carolina.
4. The U.S. Marshal for the Eastern District of North
Carolina is authorized and directed to conduct the public
sale of the defendant Vessel to the highest responsible
bidder deemed eligible under 46 USC § 31329, such sale
to be subject to the confirmation of this Court.
5. To the extent not previously paid, all of the expenses of
the U.S. Marshal in connection with the public sale,
including without limitation the cost of publication, shall
be paid out of the $5, 000.00 check advanced to the U.S.
Marshal by ACMG.
6. The sale shall be conducted under the auspices of the
United States Marshal for the Eastern District of North
Carolina on the courthouse steps at the United States
Courthouse, 413 Middle Street, New Bern, NC 28560 at a date
and time as may be properly noticed and is otherwise
acceptable to the U.S. Marshal not later than 60 days from
the date of this Order. The Marshal, as the duly authorized
representative, shall conduct the sale in the following
manner: (a) The sale shall be an auction sale to the highest
and best responsible bidder, subject to the provisions of
this Order, which sale shall be subject to confirmation by
the Court within ten (10) days of the sale, (b) The U.S.
Marshal shall not transfer title to the purchaser until
further Order of this Court, (c) The highest and best
responsible bidder, except as specified in paragraph
"e" below, will be required to deliver to the U.S.
Marshal at the time of sale a cashier's check, certified
check, or case deposit in an amount of at least (10%) of the
bid, with the balance being paid by cash, certified or
cashier's check to the Marshal within seventy-two (72)
hours of the sale excepting Saturday, Sunday, and legal
holidays, (d) If the successful bidder does not pay the
balance of the purchase price within the time allowed, the
bidder shall be in default, and the judicial offier may
accept the second highest bid or may arrange a new sale. The
defaulting bidder's deposit shall be forfeited and
applied to any additional cost incurred by the U.S. Marshal
because of the default, and the balance shall be retained in
the registry of the Court awaiting its order, (e) ACMG is
hereby authorized to credit bid on the defendant Vessel in
incremental amounts up to the interlocutory judgment amount
together with such amounts as have accrued and have not yet
been included in the interlocutory judgment including
expenses advanced to the U.S. Marshal, and storage of the
vessel all of which are to be calculated up to and including
a date (10) days past the date of the auction. ACMG shall
advise the U.S. Marshal of the sum of its total credit bid
prior to the commencement of the bidding.
7. At the conclusion of the sale, the U.S. Marshal shall
forthwith file a written report with the Court setting forth
the notice given; the fact of the sale; the date of the sale;
the names, addresses, and bid amount of the bidders, the
price obtained, and any other pertinent information.
8. Following confirmation of the sale by this Court, all
proceeds shall be paid into the Court registry save for those
identified in herein at paragraph 9. Upon motion of the
parties, the proceeds will be disbursed in accordance with
this Order and such further Orders as may be made.
9. All administrative costs incurred by or on behalf of the
U.S. Marshal subsequent to arrest, including without
limitation its commission, shall be deemed to be expenses of
the Marshal and shall be reimbursed immediately out of the
$5, 000.00 advanced to the U.S. Marshal Service by ACMG on
February 16, 2018. Reimbursement to ACMG of its
administrative expenses in the amount of $11, 593.00 together
with any outstanding amounts owed to ACMG as the Substitute
Custodian up to the date of the confirmation of the sale
shall be made by the Clerk of Court subject to Court
10. Upon confirmation of the sale, ACMG shall file its motion
for entry of final default judgment seeking to have the
interlocutory judgment entered this date against defendant as
well as any additional collection cost and all other cost or
expenses as the Court may deem appropriate included as part
of a final deficiency judgment subject to credit from the
proceeds of the sale less the costs deducted pursuant to
paragraph 9 and seeking a decree for ...