SHM Regatta Pointe, LLC v. Bierman

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SHM REGATTA POINTE, LLC, Plaintiff, v. Case No: 8:21-cv-1854-KKM-AEP 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, Defendants.

ORDER Plaintiff moves for default judgment against the in rem Defendant, M/Y Alley Cat, a 2007 Model 39-foot Median Yachts Cruiser, Hull Identification number MDNH6008F607 and U.S. Coast Official Number 1202587 (the Vessel), and in personam Defendant, Richard Bradley Bierman a/k/a Brad Bierman a/k/a Richard B.

Bierman (the Owner). (Doc. 29.) No response was filed in opposition. The Magistrate Judge recommended that the Court grant the motion. (Doc. 30.)

The fourteen-day deadline for objections to the recommendation has passed. No party objected. Nevertheless, the Court reviews the Magistrate Judge’s legal conclusions de novo. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019) (Steele, J.). After review, the Court concludes that default judgment against Defendants is appropriate for the reasons the Magistrate Judge stated. (Doc. 13.)

Accordingly, the following is ORDERED: 1. The Magistrate Judge’s Report and Recommendation (Doc. 30) is ADOPTED and made a part of this Order for all purposes.

2. Plaintiffs Motion for Default Judgment against Defendants (Doc. 29) is GRANTED.

3. The Court directs the Clerk to enter default judgment against Defendants in the amount of $4,648.08, custodia legis expenses in the amount of $10,772.76, plus pre-judgment interest and custodia legis expenses for the Vessel from November 5, 2021, through the date when the Court confirms the sale of the Vessel.

4. The U.S. Marshall is directed to conduct the sale of the Vessel, in accordance with Rule E(9) of the Supplemental Admiralty Rules and the Local Admiralty and Maritime Practice Manual 5(r).

5. The Clerk is directed to terminate any pending motions or deadlines and to CLOSE this case.

ORDERED in Tampa, Florida, on May 18, 2022.

patron Mizelle United States District Judge