United States District Court, D. Maine
MAINE UNIFORM RENTAL, INC. D/B/A PRATT ABBOTT UNIFORM & LINEN, INTERVENOR PLAINTIFF
M/V NOVA STAR, in rem, Defendant
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Brock Hornby United States District Judge
August 24, 2016, I conducted a bench trial of Pratt Abbott
Uniform & Linen ("Pratt Abbot[']'s claim to a
maritime lien on the M/V Nova Star ("Nova Star"). I
heard closing arguments the same day. The following are my
findings of fact and conclusions of law. See
2013, Singapore Technologies Marine Ltd. ("ST
Marine") and Quest Navigation, Inc. ("Quest")
entered into a joint venture to operate a ferry service
between Yarmouth, Nova Scotia and Portland, Maine.
Marine and Quest incorporated Nova Star Cruises Ltd. in Nova
Scotia to operate the ferry service. ST Marine owned ten
percent of the company.
Star Cruises Ltd. chartered a vessel owned by ST Marine, the
M/V Nova Star, to make the crossing.
Star Cruises Ltd. set out making the Nova Star a ferry
service that was functionally the equivalent of a hotel that
cruised between Yarmouth and Portland.
equip the vessel, Nova Star Cruises Ltd. asked Pratt Abbott
to supply the linens for the vessel. The General Manager of
Pratt Abbott, Thomas Gridley, negotiated with Nova Star
Cruises Ltd.'s CFO, Bruce Allain.
Pratt Abbott, a vendor that has worked with many hotels,
offered Nova Star Cruises Ltd. the option of buying the
linens up front, or renting from Pratt Abbott over a specific
period of time linens that Pratt Abbott purchased and owned.
In either event, Pratt Abbott would clean the linens and
return them to the ship on a daily basis.
reduce its upfront expenses and to better project its weekly
costs, Nova Star Cruises Ltd. opted to rent the linens from
Pratt Abbott over a five-year period.
Before finalizing the agreement, Nova Star Cruises Ltd. paid
Pratt Abbott a $51, 536.45 deposit, and Nova Star Cruises
Ltd. filled out a credit application through Pratt Abbott.
Pl.'s Ex. 1.
April 2014, Pratt Abbott entered into a contract with CFO
Bruce Allain and Mark Amundsen, whereby Nova Star Cruises
Ltd. agreed to rent the linens from Pratt Abbott over a
five-year period. The contract specified that
[i]f the contract is terminated prior to the expiration date,
Customer [Nova Star Cruises Ltd.] agrees to promptly purchase
all merchandise that has been ordered for or put into service
for the Customer at Company's [Pratt Abbott's] then
current published replacement rate schedule (this agreed sale
of all merchandise is in recognition of the substantial
investment of the company including, ...