Filed: Jul. 02, 2015
Latest Update: Jul. 02, 2015
Summary: ORDER AND FINAL JUDGMENT IN REM ANNE C. CONWAY , District Judge . This cause is before the Court on the Stipulation for Entry Final Judgment In Rem (Doc. No. 25) filed on May 29, 2015. The United States Magistrate Judge has submitted a report recommending that the Motion for judgment be GRANTED. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in t
Summary: ORDER AND FINAL JUDGMENT IN REM ANNE C. CONWAY , District Judge . This cause is before the Court on the Stipulation for Entry Final Judgment In Rem (Doc. No. 25) filed on May 29, 2015. The United States Magistrate Judge has submitted a report recommending that the Motion for judgment be GRANTED. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in th..
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ORDER AND FINAL JUDGMENT IN REM
ANNE C. CONWAY, District Judge.
This cause is before the Court on the Stipulation for Entry Final Judgment In Rem (Doc. No. 25) filed on May 29, 2015.
The United States Magistrate Judge has submitted a report recommending that the Motion for judgment be GRANTED.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed June 17, 2015 (Doc. No. 27), is ADOPTED and CONFIRMED and made a part of this Order.
2. The Stipulation for Entry Final Judgment In Rem (Doc. No. 25) is hereby GRANTED.
3. Judgment is hereby entered in favor of M&T Credit Services LLC and Claimants Al Blandeburgo and Al Blandeburgo d/b/a Al's Mobile Marine and Island Bound Marine Service Inc. in rem as follows:
a. M&T Credit Services LLC to pay a total of $1,500.00 to be distributed to Claimants Al Blandeburgo and Al Blandeburgo d/b/a Al's Mobile Marine and Island Bound Marine Service Inc. in full satisfaction of all lien claims held by Claimants Al Blandeburgo and Al Blandeburgo d/b/a Al's Mobile Marine and Island Bound Marine Service Inc. The one payment of $1,500.00 to be divided between claimants as directed by Al Blandeburgo.
b. Claimants Al Blandeburgo and Al Blandeburgo d/b/a Al's Mobile Marine and Island Bound Marine Service Inc. shall reserve their rights to sue Kim Braddock and/or Steve M. Braddock in personam for any deficiency balance on their open accounts with Kim Braddock and/or Steve M. Braddock.
c. M&T Credit Services LLC shall satisfy all Custodial Legis costs.
d. Judgment in the amount of $132,031.00 plus attorney's fees, costs and custodial costs is granted in rem to M&T Credit Services LLC against the vessel and it shall take title to the vessel free and clear of all liens and encumbrances and sell the vessel at a private sale with such proceeds to be applied to the indebtedness of former Owners, with any excess to be returned to former Owners Kim and Steven Braddock.
e. The U. S. Marshal and Substitute Custodian shall release the vessel within 3 days of entry of this Final Judgment.
f. Each party to bear their own attorneys' fees and costs.
4. The Clerk is directed to CLOSE the file.
DONE and ORDERED.
