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Simonson v. M/V Lucky Buck

United States District Court, W.D. Washington, Seattle

November 16, 2017

STANLEY G. SIMONSON and REBECCA I. SIMONSON, husband and wife, Plaintiffs,
v.
M/V LUCKY BUCK, Official Number 567411, her engines, machinery, equipment, tackle, appurtenances, etc., in rem; MTV SPEEDWELL, Official Number 594754, her engines, machinery, equipment, tackle, appurtenances, etc., in rem; WILLIAM R. ORR and JANE DOE ORR, husband and wife and their marital community comprised thereof; JOHN KELLEY and JANE DOE KELLEY, husband and wife and their marital community comprised thereof; GREGORY THOMAS and JANE DOE THOMAS, husband and wife and their marital community comprised thereof; TKO FISHERIES LIMITED, a Washington corporation, Defendants.

         IN ADMIRALTY

          Hillis Clark Martin & Peterson P. S. Bradley R. Duncan, WSBA #36436 Andrew G. Murphy, WSBA #46664 Attorneys for Plaintiffs Stanley G. Simonson and Rebecca I. Simonson

          [PROPOSED] ORDER APPOINTING SUBSTITUTE CUSTODIAN

         THIS MATTER having come before the Court on Plaintiffs' Verified Motion for Appointment of Substitute Custodian, the Court having reviewed the record and having considered the evidence, in particular the plaintiffs' Verified Complaint; the Motion; the Declaration of Proposed Substitute Custodian Jeffrey T. Osborn; the Declaration of Andrew Murphy; and any response or reply thereto; and the pleadings and records on file herein; and the Court being fully advised; now, therefore, the Court hereby FINDS the following:

         1. That the defendant vessels M/V LUCKY BUCK, Official Number 567411, and the M/V SPEEDWELL, Official Number 594754, are currently within the Western District of Washington, and this Court has jurisdiction over the res pursuant to 28 U.S.C. § 1333(1) and Rules C and E of the Supplemental Rules of Admiralty and Maritime Claims to the Federal Rules of Civil Procedure.

         2. Plaintiffs Stanley G. Simonson and Rebecca L Simonson have filed a Verified Complaint in rem seeking the arrest of the vessels M/V LUCKY BUCK and the M/V SPEEDWELL and their respective engines, machinery, tools, fishing nets and other fishing gear, fish processing equipment, boats, anchors, chains, tackle, fittings, navigation equipment, and all other equipment and appurtenances appertaining or belonging to such vessels, whether now owned or hereafter acquired, and whether on board or not; all present and future accessions to such vessels, equipment and appurtenances, and all other additions, improvements, and replacements hereafter made in or to such vessel, equipment and appurtenances to the vessels pursuant to Rules C and E of the Supplemental Rules of Admiralty and Maritime Claims to the Federal Rules of Civil Procedure. The Simonsons seek to foreclose the Preferred Ship Mortgages dated April 1, 2011 filed at the National Vessel Documentation Center in accord with the requirements of 46 U.S.C. § 31321 and 46 U.S.C. § 31322. The M/V LUCKY BUCK and the M/V SPEEDWELL will be arrested by the United States Marshal pursuant to an Order that has been presented contemporaneously to this Court.

         3. The M/V LUCKY BUCK and the M/V SPEEDWELL are presently located within this District at Lake Union Drydock. Jeff Osborn has agreed to assume control of the M/V LUCKY BUCK and the M/V SPEEDWELL after they are arrested by the United States Marshal. Mr. Osborn will moor the vessels at Lake Union Drydock for their safekeeping while they are in his custody.

         4. The daily fees Mr. Osborn will charge are $50 and $65 for the M/V LUCKY BUCK and $45 for the M/V SPEEDWELL. The Simonsons will directly satisfy all fees of Mr. Osborn and all moorage fees to Lake Union Drydock in the amount of $1, 745 per month and any fee charged by Lake Union Drydock for the proportionate consumption of electricity.

         5. The fees and expenses Mr. Osborn will charge and the fees for moorage are less than the cost of leaving the property in the custody of the United States Marshal.

         6. Mr. Osborn has no interest in the outcome of this action.

         7. The vessels will not be moved and no person except Mr. Osborn and his business associate Paul LaRussa will be allowed to enter on the vessels except as necessary to transfer the vessels to the facilities where Mr. Osborn will store the vessels for their safekeeping and except as necessary to adequately safekeep and protect the property, except as may be expressly ordered by the Court.

         8. The Simonsons have obtained the insurance coverage required by LAR 135.

         9. The Simonsons agree to release the United States and the United States Marshal from any and all liability and responsibility arising out of the care and custody of the vessels, from the time the Marshal transfers possession of the vessels to Mr. Osborn until the vessels are released or sold, and agrees to hold harmless and indemnify the United States and the United States Marshal from any and all claims whatsoever arising out of the substitute custodian's possession and safekeeping.

         10. Mr. Osborn accepts appointment as substitute custodian and possession of the M/V LUCKY BUCK and M/V SPEEDWELL and will keep the vessels for the duration ...


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