United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
LESLIE
R. HOFFMAN UNITED STATES MAGISTRATE JUDGE
TO
THE UNITED STATES DISTRICT COURT:
This
cause came on for consideration without oral argument on the
following motion filed herein:
MOTION: AGREED MOTION FOR IMMEDIATE INTERLOCUTORY
SALE OF VESSEL (Doc. 20)
FILED: October 17, 2019
THEREON it is RECOMMENDED
that the motion be GRANTED.
This
case stems from Defendant Dale Broadwell's alleged
failure to pay Plaintiff Harbortown Marina-Canaveral, LTD., a
company that operates the marina where Mr. Broadwell's
vessel, the S/V Odyssey (Vessel), is docked, for dockage fees
and other services the Plaintiff performed with respect to
the Vessel. (Doc. 1). On June 18, 2019, the Plaintiff filed
this action asserting a single claim for foreclosure of a
maritime necessaries lien against the Vessel. (Id.).
On July
1, 2019, the Court entered orders granting the
Plaintiff's request to issue a Warrant for Arrest In
Rem of the Vessel and appointing the Plaintiff as the
custodian of the Vessel during the pendency of these
proceedings. (Docs. 11; 12). The Vessel was arrested on July
22, 2019 and has been in the Plaintiff's possession, as
custodian, since that time. (Doc. 14).
In
accordance with Supplemental Admiralty Rule (C)(4) and Local
Admiralty Rule 7.03(d), on August 9, 2019, notice of this
action and the arrest of the Vessel was published in the
Orlando Sentinel newspaper. (Doc. 19-1). Neither the
Defendants nor any other parties have come forward to defend
this action.
On
October 17, 2019, the Plaintiff filed a motion for the
immediate interlocutory sale of the Vessel. (Doc. 20
(Motion)). In support, the Plaintiff states that it seeks the
immediate sale of the Vessel because the value of its
original claim ($4, 452.07) and the increasing custodian fees
(which totaled $14, 952.08 on the date the Motion was filed
and accrue at a rate of $5, 160.00 per month) will soon
eclipse the estimated value of the Vessel ($30, 000.00).
(Id. at ¶¶ 3, 5, 7-8). The Plaintiff
states that the arrest of the Vessel was publicized in
accordance with the applicable rules and, as of the date of
the Motion, no additional claimants have come forward against
the Vessel - a fact that remains true through the date of
this Report. (Id. at ¶ 9). The Plaintiff's
counsel has been in contact with Mr. Broadwell and his son,
the purported owners of the Vessel, and they have advised him
that they do not intend to appear in the action and agree to
the Vessel going to auction. (Id. at ¶¶ 6,
10-11). Accordingly, the Plaintiff requests the Court enter
an order of interlocutory sale of the Vessel pursuant to
Supplemental Admiralty Rule E(9)(b). (Id. at 7). In
support, the Plaintiff attached a proposed order for the
Court's consideration. (Doc. 20-1).
Interlocutory
sales of vessels are governed by Supplemental Admiralty Rule
E(9)(a)(i), [1]which provides, in pertinent part, as
follows:
On application of a party, the marshal, or other person
having custody of the property, the court may order all or
part of the property sold-with the sales proceeds, or as much
of them as will satisfy the judgment, paid into court to
await further orders of the court-if:
(A) the attached or arrested property is perishable, or
liable to deterioration, decay, or injury by being detained
in custody pending the action;
(B) the expense of keeping the property is excessive or
disproportionate; or (C) there is an unreasonable delay in
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