From Casetext: Smarter Legal Research

Union v. Nickle

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA
Oct 19, 2011
NO. C11-5142 BHS (W.D. Wash. Oct. 19, 2011)

Opinion

NO. C11-5142 BHS

10-19-2011

TWINSTAR CREDIT UNION, a Washington corporation, Plaintiff, v. MISS NICKLE, Official Number 526859, her engines, tackle, apparel, furniture and appurtenances, In Rem; and MICHAEL SANDERSON, In Personam

Brian C. Read, of SIDERIUS, LONERGAN & MARTIN, LLP Attorneys for Plaintiff WSBA #34091 David C. Smith, of LAW OFFICES OF DAVID SMITH, PLLC Attorney for Defendants WSBA #29824


IN ADMIRALTY

JUDGMENT IN REM FORECLOSING

PREFERRED MARINE MORTGAGE AND

ORDER OF SALE

[PROPOSED]

THIS MATTER having come on regularly upon the motion of plaintiff, and the Court, having considered the records and files herein and the affidavit of counsel submitted with the motion, and an Order of Default having been entered, now makes the following findings:

1. Plaintiff is entitled to Judgment In Rem Foreclosing Preferred Marine Mortgage and Order of Sale against defendant vessel, no answer or statement of right or interest having been filed; and

2. Plaintiff's claim under its preferred marine mortgage is superior to that of any other claimant.

NOW, THEREFORE,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the preferred marine mortgage on the Miss Nickle, Official Number 526859, her engines, tackle, apparel, furniture and equipment, in favor of TwinStar Credit Union, is foreclosed; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that TwinStar Credit Union shall have judgment against Miss Nickle, Official Number 526859, her engines, tackle, apparel, furniture and equipment In Rem for $376,815.46, plus interest at the rate of 8.5% per year from February 18, 2011 through the date of entry of this judgment, plus attorneys' fees and costs and administrative expenses as subsequently approved by the Court; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the judgment granted shall bear interest at the federal rate from the date of granting of this judgment until paid; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the U.S. Marshal shall, pursuant to the rules of the United States District Court for the Western District of Washington, cause the Miss Nickle, Official Number 526859, her engines, tackle, apparel, furniture and equipment, to be condemned and sold at public auction to the highest and best bidder, the sale to be held alongside the vessel on a date and at a time satisfactory to the U.S. Marshal to be determined after entry of this Order; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that at such sale, TwinStar Credit Union, plaintiff, is authorized to bid in any part of the judgment and accrued interest here awarded without cash deposit, and that, in the event the bid of TwinStar Credit Union, plaintiff, is the highest and best bid, the amount of such bid shall be credited on the judgment here awarded; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the U.S. Marshal shall deposit the proceeds of the sale, if any, in the Registry of the Court and the Clerk shall, after having paid all costs and administrative expenses as approved by subsequent Order, pay to TwinStar Credit Union, plaintiff, so much of the balance remaining as is necessary to satisfy the judgment here awarded, and the clerk shall retain the remainder of the proceeds, if any, in the Registry of the Court subject to further Order.

BENJAMIN H. SETTLE

United States District Judge

Presented by:

_____________________________________

Brian C. Read, of

SIDERIUS, LONERGAN & MARTIN, LLP

Attorneys for Plaintiff

WSBA #34091

Approved as to form; Notice of presentation waived:

_______________________

David C. Smith, of

LAW OFFICES OF DAVID SMITH, PLLC

Attorney for Defendants

WSBA #29824

Approved by:

______________________

for U.S. Marshal

Western District of Washington


Summaries of

Union v. Nickle

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA
Oct 19, 2011
NO. C11-5142 BHS (W.D. Wash. Oct. 19, 2011)
Case details for

Union v. Nickle

Case Details

Full title:TWINSTAR CREDIT UNION, a Washington corporation, Plaintiff, v. MISS…

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

Date published: Oct 19, 2011

Citations

NO. C11-5142 BHS (W.D. Wash. Oct. 19, 2011)