United States District Court, W.D. Washington
GROS BUCHANAN & PAUL Markus B.C. Oberg, WSBA #34914 Mary
C. Butler, WSBA #44855 Attorneys for Defendants Attorneys for
Plaintiff Energy State Limited
ORDER APPOINTING BUCK FOWLER JR., OF MARINE LENDERS
SERVICES, LLC, AS SUBSTITUTE CUSTODIAN
MATTER came before the Court on Plaintiff Energy State
Limited's ("Plaintiff) Motion to Appoint a
Substitute Custodian. This Court has reviewed the files and
records herein, including specifically, Plaintiffs Motion to
Appoint a Substitute Custodian, and the Declaration of Buck
fully advised on this matter, this Court HEREBY FINDS:
Plaintiff filed its Verified Complaint on May 22, 2017,
requesting that the Defendant vessel M/V CRIMSON MONARCH, IMO
No. 9675597, its engines, machinery, and other appurtenances,
etc. ("Defendant Vessel"), be condemned and sold to
pay Plaintiffs claims and for other proper relief.
is anticipated that the Clerk of the Court will be authorized
by this Court to issue a Warrant of Arrest commanding the
United States Marshal for this District to arrest and take
the Defendant Vessel into custody and to detain it in custody
until further order of this Court.
is contemplated that the United States Marshal will seize the
Defendant Vessel forthwith. Custody by the U.S. Marshal
requires the services of one or more keepers at a charge of
at least $900.00 per-day per keeper, not including charges
for moorage and the other services usually associated with
safekeeping vessel similar to the Defendant Vessel.
Defendant Vessel is currently at Smith Cove Anchorage in
Seattle, Washington. After arrest, it may be necessary to
move the vessel to the facilities of Marine Lenders Services,
LLC, at 5350 30th Avenue NW, Seattle, Washington,
or to other suitable moorage. It may also be necessary to
offload any remaining cargo from the vessel.
Plaintiff is agreeable to allowing Marine Lenders Services,
LLC, to assume the responsibility of safekeeping the
Defendant Vessel and Marine Lenders Services, LLC, has
consented to act as custodian of the Defendant Vessel until
further order of this Court. Fees and expenses to be charged
by Marine Lenders Services, LLC, will be substantially less
than the cost of leaving the Defendant Vessel in the custody
of the U.S. Marshal.
W. Fowler Jr, Managing Member by declaration, has stated that
Marine Lenders Services, LLC, has no interest in the outcome
of this lawsuit, can arrange for adequate facilities and
supervision for the proper safekeeping of the vessel, and has
obtained the legal liability insurance through Travelers
(Policy No. 6F238672 660) with policy limits of not less than
$2, 000, 000.00 which is expected to be adequate to respond
in damages for loss of or injury to the Defendant Vessel
resulting from their legal liability or for damages sustained
by third parties due to any acts, faults or negligence of the
substitute custodian. Further, in bis declaration, Buck W.
Fowler Jr, on behalf of Marine Lenders Services, LLC, has
agreed to accept custody of the Defendant Vessel and its
equipment in accordance with the terms of this Order.
consideration of the U.S. Marshal's consent to the
appointment of Marine Lenders Services, LLC as substitute
custodian, Plaintiff agrees to release the United States and
the U.S. Marshal from any and all liability and
responsibility arising out of the care and custody of the
Defendant Vessel and its equipment, from the time the U.S.
Marshal transfers custody of the Defendant Vessel over to the
substitute custodian, and Plaintiff further agrees to
indemnify and hold the United States and the U.S. Marshal
harmless from any and all claims whatsoever arising out of
the substitute custodian's possession and safekeeping of
THEREFORE, LT IS HEREBY ORDERED as follows:
upon the seizure of the Defendant Vessel, the M/V CRIMSON
MONARCH, IMO No. 9675597, its engines, tackle and other
appurtenances pursuant to the Warrant of Arrest, the U.S.
Marshal for the Western District of Washington is authorized
and directed to surrender custody of the Defendant Vessel to
Marine Lenders Services, LLC as substitute custodian herein,
and that upon such surrender, the Marshal shall be discharged
from his/her duties and ...