Port of Olympia v. M/V The Dream

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE PORT OF OLYMPIA, CASE NO. C20-5789-JCC Plaintiff, ORDER 11 v. M/V THE DREAM f/k/a EVERGREEN STATE and JONES GLOBAL INVESTMENT, LLC, Defendants.

16 This matter comes before the Court on Plaintiff’s motion for an order of default, default judgment in rem, and order to sell the Vessel (Dkt. No. 11). Having thoroughly considered the briefing and the relevant record, the Court FINDS as follows: 19 1. The Court has admiralty jurisdiction over this action under 28 U.S.C. § 1333; 20 2. The Court has in rem jurisdiction over M/V THE DREAM (f/k/a EVERGREEN 21 STATE) (“the Vessel”) because the Vessel is located within the Western District of 22 Washington, was arrested pursuant to maritime process, and the warrant was 23 successfully served; 24 3. Plaintiff has complied with its notice and service requirements under LAR 125 and 25 130 by arresting the Vessel, (Dkt. No. 14), publishing notice of the arrest of the 26 Vessel, (Dkt. No. 13, 13-3), and delivering notice of arrest to all known interested 1 parties, (Dkt. No. 13, 13-1, 13-4); 2 4. Under Supp. Adm. R. C(6)(a)(i)(A), more than 14 days have passed since the arrest 3 and notice were published, and no person has filed a verified statement of right 4 asserting any right of possession or ownership interest in the Vessel, (Dkt. No. 13 at 5 4); 6 5. The Vessel and all persons who may claim a right or interest in the Vessel, having 7 failed to file an answer or statement of right or interest, are in default; 8 6. Plaintiff submitted declarations and documentation showing that it has a valid 9 maritime lien against the Vessel under 46 U.S.C. § 31342 for wharfage in the amount 10 of $88,914.12, (Dkt. Nos. 12, 12-1, 12-2); 11 7. The factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471–72 (9th Cir. 1986), 12 weigh in favor of granting a default judgment; and 13 8. Plaintiff submitted evidence that it continues to accrue significant custodial fees 14 associated with keeping the vessel. (Dkt. No. 12 at 4.) The expense of keeping the 15 Vessel is excessive under Supp. Adm. R. E(9).

16 Accordingly, the Court GRANTS Plaintiff’s motion for default judgment (Dkt. No. 11) and ORDERS: 18 1. Plaintiff is AWARDED judgment against the Vessel, her engines, and appurtenances, 19 etc. in the amount of $88,914.12; 20 2. Plaintiff is entitled to recover custodia legis costs from the proceeds of the sale, to be 21 presented by way of a cost bill filed following the sale of the Vessel when the 22 custodia legis costs are set; 23 3. Plaintiff shall recover the amount of the judgment and its costs from the foreclosure 24 of its maritime lien against the Vessel, which the Court orders be accomplished 25 through a public sale to be conducted by the U.S. Marshal pursuant to LAR 145. The 26 Marshal is authorized to conduct the sale virtually, via Zoom or another appropriate 1 virtual platform, in light of the ongoing COVID-19 pandemic; and 2 4. The Court shall retain jurisdiction of this action through the completion of the sale of 3 the Vessel and any related proceedings.

4 DATED this 7th day of October 2020.

A John C. Coughenour 8 UNITED STATES DISTRICT JUDGE