United States District Court, W.D. Washington, Seattle
ALASKA GROWTH CAPITAL BIDCO, INC., an Alaska corporation, Plaintiff,
KLAWOCK OCEANSIDE, INCORPORATED, a Washington Corporation, LAURENCE E. LANG, an individual, CARSON V. LANG, an individual, and MARY L. LANG, an individual, In Personam, Defendants.
WEDDLE & BARCOTT, P.C. John E. Casperson, Heather C.
Cook, Attorneys for Plaintiff
ORDER APPOINTING SUBSTITUTE CUSTODIAN, AND FOR
BOARDING AND INSPECTION
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
Growth Capital BIDCO, Inc., by and through its attorney,
Holmes Weddle, & Barcott, PC, having appeared, now makes
the following recitals:
May 10, 2017, a complaint herein was filed praying that the
Defendant vessel AKUTAN, Official Number 288598, its engines,
tackle, rigging, equipment, and other appurtenances, etc.
(“Vessel”), be condemned and sold to pay
Plaintiff's claims and for other property relief.
the immediate future, the Clerk of this Court is expected to
issue a warrant for arrest of the Vessel, commanding the
United States Marshal for this District to arrest and take
into custody the Vessel and to detain the same in its custody
until further order of this Court respecting same.
is contemplated that the United States Marshal will seize the
Vessel forthwith. Custody by the United States Marshal
requires the services of one or more keepers at charges
substantially in excess of those to be made by the substitute
custodian alone, not including charges for moorage and the
other services usually associated with safekeeping vessels
similar to the defendant Vessel.
is believed that the Vessel is currently located at
Jacobsen's Marine in Seattle, WA. Plaintiff is agreeable
to allow Marine Lender Services, LLC, through its Managing
Member, Buck Fowler, to assume the responsibility of
safekeeping the Vessel, and act as its custodian until
further order of this Court.
Fowler, Managing Member of Marine Lender Services, LLC, by
declaration submitted herewith and made a part hereof, avers
that he can arrange for supervision and proper safekeeping of
the defendant Vessel as set forth in his declaration.
Further, in said declaration, substitute custodian accepts,
in accordance with the terms of this order, possession of the
defendant Vessel, its engines, tackle, rigging, equipment,
and other appurtenances, etc., which is the subject of the
consideration of the United States Marshal's consent to
the appointment of Marine Lender Services, LLC, through Buck
Fowler, as substitute custodian, Plaintiff agrees to release
the United States and the United State Marshal from any and
all liability and responsibility arising out of care and
custody of the Vessel, from the time the United State Marshal
transfers possession of the Vessel over to said substitute
custodian, and Plaintiff further agrees to hold harmless and
indemnify the United States and the United State Marshal from
any and all claims whatsoever arising out of the substitute
custodians' possession and safekeeping.
IT IS ORDERED that the United States Marshal for the Western
District of Washington is authorized, upon seizure of the
Vessel, pursuant to Warrant for Arrest, to surrender the
possession thereof to Mr. Fowler as substitute custodian
named herein, and that upon such surrender the United States
Marshal shall be discharged from the duties and
responsibilities for the safekeeping of the Vessel and held
harmless from any and all claims whatsoever arising out of
said custodial services.
FURTHER ORDERED that Marine Lender Services, LLC, through its
Managing Member, Buck Fowler, is appointed custodian of the
Vessel and shall retain the Vessel in its custody for
possession and safekeeping until further order of the Court.
All costs for such safekeeping shall be paid by Plaintiff,
and may, upon further order of this Court, be deemed
administrative costs herein.
FURTHER ORDERED that the substitute custodian may, upon
notice to the Court, move the defendant vessel for security,
cost, or other reasons such as the custodian may deem
FURTHER ORDERED that the substitute custodian may permit
boarding and inspection of the Vessel by marine surveyors,
Plaintiff, and prospective purchasers in order to protect and
preserve the Vessel and to determine the Vessel's
condition and value. All costs of such boardings and
inspections shall be paid by Plaintiff and may, upon further
order of this Court, be deemed administrative costs ...