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Coastal Marine Management, LLC v. M/V Sea Hunter (O.N. 598425)

United States District Court, D. Massachusetts

August 24, 2017

COASTAL MARINE MANAGEMENT, LLC d/b/a BOSTON HARBOR SHIPYARD AND MARINA Plaintiff,
v.
M/V SEA HUNTER (O.N. 598425), her engines, tackle, apparel, appurtenances, etc., in rem, SEA HUNTERS LP, in personam, GREGORY BROOKS, in personam Defendants.

          AMENDED ORDER FOR THE INTERLOCUTORY SALE OF THE DEFENDANT VESSEL

          INDIRA TALWANI UNITED STATES DISTRICT JUDGE.

         TO THE UNITED STATES MARSHAL FOR THE DISTRICT OF MASSACHUSETTS OR HIS DEPUTIES:

         WHEREAS, this Court has reviewed the Motion for the Interlocutory Sale of the M/V SEA HUNTER and for Order Granting Plaintiff the Right to Credit Bid up to the Amount of the Indebtedness and the supporting papers filed by plaintiff, Coastal Marine Management, LLC d/b/a Boston Harbor Shipyard and Marina, in the above-captioned matter;

         WHEREAS, Defendant, Sea Hunters LP, as owner of the motor vessel SEA HUNTER, official number 598425, her engines, machinery, tackle, apparel, furniture, equipment, rigging, and all other necessary appurtenances thereto (hereinafter referred to as "Vessel") has unreasonably delayed in securing the release of the Vessel;

         WHEREAS, the expenses of the arrest and the keeping of the Vessel in custodia legis are continuing;

         WHEREAS, pursuant to the provisions of Rule E(9)(a)(i) of the Supplemental Rules for Admiralty of Maritime Claims of the Federal Rules of Civil Procedure there is good cause to order that the Vessel be sold; and, Accordingly, it is hereby:

         ORDERED, that the Vessel shall be sold by the United States Marshal for the District of Massachusetts, or one of his deputies, at public auction, free and clear of all liens and encumbrances, to satisfy the costs and expenses of the United States Marshals Service and the substitute custodian, and to satisfy, in whole or in part, the judgment which plaintiff and other interested parties, if any, seek to have entered in this matter.

         YOU ARE THEREFORE COMMANDED TO:

         1. Sell the Vessel at public auction for the highest price that can be obtained, free and clear of all liens and encumbrances. The sale which is subject to confirmation by the District Court is to be held at Boston Harbor Shipyard and Marina, 256 Marginal Street, East Boston, MA 02128, on October 4, 2017 at 1:00 PM.

         2. Require plaintiff to give notice of the date, time, and place of the sale, in substantially the form attached hereto as Exhibit A, to (i) the owner and all lien and mortgage claimants of record by first class mail[1] and (ii) the public-at-large by: (a) advertising same at least once per week for two successive weeks in a newspaper of general circulation within this District (i.e. the Boston Globe), the first advertisement in the publication to be at least seven (7) days prior to the Court ordered sale date; and, (b) advertising same at least once in Boats and Harbors.

         3. Require the highest qualified bidder at the sale to deposit with the United States Marshals Service the sum of $30, 000.00 in certified check payable to the United States Marshal for the District of Massachusetts, with the balance to be paid at or before the confirmation hearing.

         4. Pay or deliver into the Registry of the District Court any and all monies or notes received as a result of the sale.

         5. Prepare such documents and reports as may be necessary for the confirmation of the sale by the District Court. The confirmation hearing shall be held at the United States District Court of Massachusetts at Boston on the 10th of October, 2017, at 11 am. The time and date of the confirmation hearing shall be set forth in the notice of sale to the owner, the ...


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