Opinion
8:21-cv-1854-KKM-AEP
12-08-2022
SHM REGATTA POINTE LLC Plaintiff v. M/Y ALLEY CAT a 2007 Model 39-foot Meridian Yachts Cruiser bearing Hull Identification Number MDNH6008F607 and U.S. Coast Official Number 1202587 her engines tackle furniture tender and appurtenances in rem and RICHARD BRADLEY BIERMAN a/k/a BRAD BIERMAN a/k/a RICHARD B. BIERMAN in personam Defendants.
IN ADMIRALTY
HON. KATHRYN KIMBALL MIZELLE
REPORT AND RECOMMENDATION
ANTHONY E. PORCELLI, UNITED STATES MAGISTRATE JUDGE
This cause comes before the undersigned upon Plaintiff's Motion to Disburse the Remaining Surplus Funds of the Vessel's Sales Proceeds to Richard Bradley Bierman Jr. as Independent Administrator of the Estate of Richard Bradley Bierman (“Motion”) (Doc. 50). For the reasons discussed below it is recommended that the Motion be granted.
The Court is familiar with the background of this case as detailed in previous orders (see Docs. 42 48). Nevertheless it is important to note that the undersigned previously recommended the disbursement of funds from the sale proceeds of the Vessel in the Court's Registry in the amount of $56 265.46 (default judgment) and $16 838.00 (attorney's fees) (Doc. 48) which the District Judge adopted (Doc. 49). Subsequently the Clerk disbursed the funds from the Court Registry (see Docs. 51 52). On September 23 2022 Plaintiff filed a Notice of Death and Motion to Disburse Surplus Monies in the Court Registry to the Appointed Personal Representative of the Estate of Richard Bradley Bierman upon Filing an Affidavit with Supporting Documentation after Plaintiff is Paid its Funds from the Sale of M/Y Alley Cat (see Doc. 47) which is incorporated in the instant motion before the undersigned.
Defendant Richard Bradley Bierman passed away on July 25 2022 (Doc. 50-1 at 5). On September 27 2022 the County Court of Collin County Texas entered an Order for Probate of Will and Granting Independent Administration (Doc. 50-1 at 5-7). The Order authorizes Richard Bradley Bierman Jr. to independently administer the Estate of Decedent including the collection of the assets of the Decedent's estate free from any further probate Court supervision. Through Plaintiff Defendant Bierman's estate now requests the disbursement of the remaining funds in the Court's Registry.
Since the Clerk has disbursed to Plaintiff the final judgment amount and attorney's fees award Defendant through the estate is entitled to the remaining funds in the Court's Registry. The undersigned recommends that the Clerk disburse the remaining funds in the Court's Registry as listed by counsel for the estate (see Doc. 50-1 at 3-2):
Richard Bradley Bierman Jr. as Independent Administrator of the estate of Richard Bradley Birman
500 S. Taylor Suite 900
Amarillo Texas 79101
Accordingly it is hereby
RECOMMENDED:
1. Plaintiff's Motion to Disburse the Remaining Surplus Funds of the Vessel's Sales Proceeds to Richard Bradley Bierman Jr. as Independent Administrator of the Estate of Richard Bradley Bierman (Doc. 50) be GRANTED.
2. The Clerk be directed to disburse the remaining funds maintained in the Court's registry from the sale proceeds of the Vessel to Richard Bradley Bierman Jr. as Independent Administrator of the estate of Richard Bradley Birman.
IT IS REPORTED.
NOTICE TO PARTIES
A party has fourteen days from the date they are served a copy of this report to file written objections to this report's proposed findings and recommendations or to seek an extension of the fourteen-day deadline to file written objections. 28 U.S.C. § 636(b)(1)(C). A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 31 28 U.S.C. § 636(b)(1). Should the parties wish to expedite the resolution of this matter, they may promptly file a joint notice of no objection.