Coastal Marine Management, v. M/V SEA HUNTER (O.N. 598425), et al
| Coastal Marine Management |
| M/V Sea Hunter (O.N. 598425), Sea Hunters LP and Gregory Brooks |
| 1:2016cv11616 |
| August 8, 2016 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Nathaniel M. Gorton |
| Marine |
| 46 U.S.C. ยง 3132 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
109
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: For the foregoing reasons, the motion of plaintiff for entry of judgment in its favor (Docket No. 107 ) is ALLOWED. Funds plus interest shall be paid to: Hollbrook & Murphy as attorneys for Costal Marine Management, LLC d/b/a Boston Harbor Shipyard and Marina.So ordered. (Vieira, Leonardo)
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Filing
105
Judge Nathaniel M. Gorton: MEMORANDUM AND ORDER entered. Plaintiffs motion for disbursement of sale proceeds and for order apportioning custodia legis expenses amongst the plaintiff and intervening parties (Docket No. 98 ) is ALLOWED. So ordered.(McDonagh, Christina)
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Filing
92
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. "Accordingly, the sale of the M/V Sea Hunter (O.N. 598425) to Custom Marine, Inc., of Dobbs Ferry, New York for $100,000 is confirmed. The vessel is sold free and clear of all liens and encumbrances in its current "as is, where is" condition, without any representation and warranty, express or implied, as to its merchantability or fitness, except as to title. So Ordered."(Caruso, Stephanie)
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Filing
86
Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting in part and denying in part 82 Emergency MOTION to Set Aside 80 Notice (Other), 78 Order on Motion to InterveneIn an effort to be fair to all interested parties and to provide a proc edure that will elicit the highest price for the vessel, plaintiffs motion to set aside the auction sale, consider upset bid and reopen bidding (Docket No. 82) is ALLOWED, in part, and DENIED, in part, and the following procedure is her eby adopted:- Counsel for plaintiff is to advertise the reopened sale of the M/V Sea Hunter in Boats and Harbors and gcaptain.com and submit the proposed advertisements to those publishers no later than close of business, Thursday, October 26, 201 7.- Counsel for plaintiff shall give notice of the sale, and of this order, to (i) the owner of the M/V Sea Hunter and to all lien and mortgage claimants of record (ii) the potential bidders who provided contact information at the October 4, 2017, auction and (iii) Linden Holdings, Inc. - Bidding will be re-opened until the close of business Friday, November 3, 2017, during which time bidders other than the upset bidder, Custom Marine, Inc., may submit sealed bids in increments of not less than $10,000 above the current upset bid of $100,000.- Sealed bids shall be delivered or sent to:United States Marshals Servicevia email at:John.Wickham@usdoj.gov; ORvia mail at:United States Marshals ServiceDistrict of Massachuset tsAttn: John D. Wickham, Supervisory Deputy U.S. MarshalJohn J. Moakley US Courthouse1 Courthouse Way, Suite #1-500Boston, MA 02210- All bids must be received by the close of business on Friday, November 3, 2017.- If no such bids are received w ithin the prescribed time, the sale to Custom Marine, Inc. will be confirmed on Monday, November 6, 2017 for $100,000.- If sealed bids are received within the prescribed time, a hearing before the Court will be convened on Tuesday, November 7 , at 11:00 a.m. in Courtroom #4, Moakley Courthouse, at which time the sealed bids will be opened and verified.- Parties submitting sealed bids at the hearing held on Tuesday, November 7, 2017, shall be prepared to present at that hearing a certif ied check for ten percent (10%) of their bid price payable to United States Marshal for the District of Massachusetts.- Thereafter, the upset bidder, Custom Marine, Inc., will be afforded the opportunity to trump the highest competing bid by an increment of not less than $10,000 in which event, upon prompt receipt of the full amount of the purchase price, the sale to Custom Marine, Inc., will be confirmed.- In default of any bid in excess of the highest sealed bid and provided th e entire purchase price in certified funds is received within two business days after the hearing, the sale to the highest bidder will be confirmed.- If the entire purchase price is not received within the prescribed time, the vessel will be sold to the next highest bidder, provided that bidder delivers the requisite funds within two business days thereafter.- The vessel will be sold free and clear of all liens and encumbrances in its current as is, where is condition, without any representation and warranty, express or implied, as to its merchantability or fitness, except as to title.So ordered.(Caruso, Stephanie)
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Filing
65
Judge Indira Talwani: ENDORSED Amended ORDER for The Interlocutory Sale of the Defendant Vessel entered. Confirmation Hearing set for 10/10/2017 11:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. re 63 Emergency MOTION MOTION TO CHANGE THE CURRENTLY SCHEDULED DATE FOR THE INTERLOCUTORY SALE OF THE DEFENDANT VESSEL FROM SEPTEMBER 1, 2017 TO OCTOBER 4, 2017 re 61 Order, Set Hearings (Unopposed) filed by Coastal Marine Management, (Caruso, Stephanie)
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Filing
59
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERFor the foregoing reasons:1) Plaintiffs motion for an order of sale and for permission to credit bid (Docket No. 48) is, with respect to its request for an order of sale, < b>ALLOWED, but is, with respect to its request for permission to credit bid up to the amount of indebtedness on the subject vessel and its owner DENIED.2) Plaintiff shall retain a licensed, certified appraiser to perform anappraisal of the subject vessel, the M/V Sea Hunter (O.N. 598425), prior to conducting a sale of the subject vessel.3) After such an appraisal has been completed, plaintiff will promptly forward to the Court and any and all interested parties a copy of the app raisal.4) In accordance with this Memorandum and Order, plaintiff is directed to submit a revised proposed order for interlocutory sale of the subject vessel on or before Friday, September 1, 2017.5) Claimant Additional Return, LLC is hereby DIRECTED TO SHOW CAUSE within 14 days of the date of this Memorandum and Order why this Court should not dismiss its claim of an interest in the M/V Sea Hunter (O.N. 598425) for failure to comply with Fed. R. Civ. P. Supp. C(6). Failure to compl y with this directive will result in the dismissal of the claim or interest in the subject vessel asserted by Additional Return, LLC.6) The request by claimant Additional Return, LLC for more thorough marketing of the sale of the M/V Sea Hunter (O.N. 598425) (Docket No. 50) is DENIED without prejudice. So ordered.(Caruso, Stephanie)
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Filing
20
Judge Nathaniel M. Gorton: ENDORSED ORDER Approving Publication of Arrest Notice and Setting Deadline to File Statements of Right or Interest entered. (Caruso, Stephanie)
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Filing
8
Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 3 Motion to Appoint Custodian Coastal Marine Management, LLC appointed (Caruso, Stephanie)
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