United States District Court, D. Maine
ORDER OF SALE
NANCY TORRESEN, Chief District Judge.
Upon review of LaPierre's Island Marine Service, Inc.' Motion for Sale of the M/V ANOTHER IMPULSE (O.N. 1112979), the Court finds as follows:
1. On April 14, 2015, LaPierre's Island Marine Services, Inc. ("Island Marine") filed a Verified Complaint against the M/V ANOTHER IMPULSE (O.N. 1112979), her engines, gear, tackle, apparel, furniture, equipment, etc. (the "Vessel"), seeking foreclosure of a maritime lien on the Vessel and seeking payment of money due and owing to it by the Vessel.
2. The United States Marshal for the District of Maine arrested and took the M/V ANOTHER IMPULSE (O.N. 1112979), into the Marshal's custody and, upon Order of this Court, transferred possession of the Vessel to Island Marine as substitute custodian. The Vessel currently remains in Island Marine's custody.
3. On June 2, 2015, Default Judgment was entered by this Court in favor of Plaintiff Island Marine and against Defendants M/V ANOTHER IMPULSE, Charles Robert Caliri, and Sandra J. Caliri.
4. A money judgment is enforced by a writ of execution, unless the court directs otherwise. Fed.R.Civ.P. 69(a). Any personalty sold under any order or decree of any court of the United States shall be sold in accordance with 28 U.S.C. § 2001, unless the court orders otherwise. 28 U.S.C. § 2004.
6. Federal District Courts may direct the enforcement of money judgments by judicial sales. United States v. Wight, 2007 U.S. Dist. LEXIS 16582 (E.D. Cal. 2007) (citations omitted). A judicial sale differs from an execution sale in that a judicial sale is conducted pursuant to directions of the court and the federal statutes. 28 U.S.C. §§ 2001-2007; Yazoo & M.V.R. Co. v. City of Clarksdale, 257 U.S. 10, 42 S.Ct. 27, 66 L.Ed. 104 (1921); United States v. Branch Coal Corp., 390 F.2d 7, 9 (3d Cir. 1968). Congress has authorized the federal judiciary to use sound discretion in setting the terms and conditions for judicial sales. United States v. Branch Coal Corp., 390 F.2d 7, 10 (3d Cir. 1968). See also, South Port Marine, LLC v. M/V Crystal Marie, DOCKET NO. 2:15-cv-122-GZS.
7. Plaintiff Island Marine has requested that this Court issue an order authorizing a judicial sale of the M/V ANOTHER IMPULSE on the grounds that it is in the best interest of both Plaintiff and Defendants Charles Robert Caliri and Sandra J. Caliri, and Defendant Vessel, through her owners, Defendants Charles Robert Caliri and Sandra J. Caliri, that the sale of the Vessel maximize the value of the Vessel, which can best be accomplished by selling the Vessel at a public auction conducted by the United States Marshal's Service, which will not only allow for the sale of the Vessel free and clear of any liens or other encumbrances, but also provide the Court with oversight of the sale and confirmation process
8. The Court finds that it has discretion to order a judicial sale of the Vessel. The Court further finds that it is in the best interests of the parties hereto to maximize the value of the Vessel, and that the Court should exercise some control over the sale of the Vessel.
THEREFORE, it is hereby ORDERED and DECREED that:
1. The M/V ANOTHER IMPULSE (O.N. 1112979), her engines, gear, tackle, apparel, furniture, equipment, etc., be condemned and sold and that the United States Marshal or one of his Deputies shall sell such vessel, the M/V ANOTHER IMPULSE (O.N. 1112979), her engines, gear, tackle, apparel, electronics, furniture, equipment, etc., to the, highest bidder at a public auction to be held at Island Marine's facilities in Kittery, Maine, on a date to be set by the United States Marshal for the District of Maine.
2. Notice of such sale, in the form attached hereto as Exhibit "A" shall be published prior to the date of the sale for two consecutive weeks for at least one day per week in the Biddeford, Maine, Journal Tribune, a newspaper generally circulated in York County, Maine, including Kittery, in the District of Maine.
3. Island Marine is hereby permitted to bid at the sale an amount up to and including the amount of its Judgment, plus all in custodia legis expenses incurred by Island Marine to the date of the sale, and to purchase the Vessel, without having to pay money to either the ...