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PUBLISHED: Wednesday April 17, 2013
NOTICE OF UNITED STATES
MARSHAL SALE OF DEFENDANT VESSEL
Case No. 3:10-CV-02412-BTM (MDD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF
SEA PRESTIGIO, LLC, a Delaware limited liability company, Plaintiff,
M/Y TRITON, Republic of Marshall Islands (Official No. 70070), Its Engines, Machinery, Appurtenances, etc. In rem; SPEARFISH VENTURES, LTD., a British Virgin Islands Company; FBP INVESTMENTS, LP, a Delaware limited partnership; JAMES P. BALDWIN, as co-trustee of the James P. Baldwin Trust No. 1 and Nancy L. Baldwin Trust No. 1; NANCY L. BALDWIN, as co-trustee of the James P. Baldwin Trust No. 1 and Nancy L. Baldwin Trust No. 1; CACHAL INVESTMENTS, S. DE R.L. DE C.V., a Mexican corporation, In Personam, and DOES 1-10, Defendants NOTICE IS HEREBY GIVEN
that the Motor Yacht TRITON, Republic of Marshall Islands Official Number 70070, now afloat in San Diego Bay, San Diego, California, will be sold free and clear of all liens, as is, where is, at public auction to the highest bidder for a cashier's check or certified check with the minimum deposit of ten percent (10%) of the winning bid. The balance of the purchase price shall be paid in cashier's check or certified check within three (3) days of the sale, exclusive of Saturdays, Sundays, and legal holidays; with reservation to refuse and reject all bids if deemed inadequate by the Court. Under Order of the United States District Judge for the Southern District of California, the sale will occur on the 26th day of April, 2013, at 10:00 a.m., at Nielsen Beaumont Marine, Inc. 2420 Shelter Island Drive, San Diego, California 92106, to satisfy an Order dated March 20, 2013. Prior to the sale of the Motor Yacht TRITON, the Vessel's custodian of record shall permit, at the request of any interested person made to plaintiff's attorneys, upon twenty-four (24) hours prior notice and execution of appropriate release(s), any such person or his or her representative to visit, board, inspect, examine, and survey the Motor Yacht TRITON, any day, except Saturday, Sunday or Holidays, during the daylight hours of 8:00 a.m. and 4:00 p.m., provided that the same shall be done at the sole expense and risk of any said person or his or her representative. Pursuant to the above-referenced Court Order, Sea Prestigio, LLC can credit bid in increments up to an approximate total of $28,367,937.06 plus interest at the daily rate of $7,772.04, U.S. Marshal's commission, attorneys' fees, costs and expenses to the date the sale is confirmed. Sea Prestigio, LLC will advise the U.S. Marshal of the total credit bid prior to commencement of bidding. Appointments for visitation of the Motor Yacht TRITON can be made with plaintiffs' attorneys: Wright & L'Estrange, William E. Dysart or Alexander T Gruft (619) 231-4844. Interested persons are referred to William E. Dysart or Alexander T Gruft, Wright & L'Estrange, 401 West A Street, Suite 2250, San Diego, California 92101 (619) 231-4844 for further information concerning the Vessel.
Any additional information may be obtained from the United States Marshals Service at the United States Courthouse Annex, 333 West Broadway, Suite 100, San Diego, California 92101 (619) 557-6620.
Pub Apr 17 - 25 -00109751
NOTICE OF SALE OF VESSEL BY PUBLIC AUCTION
In the United States District Court, Southern District of California, Civil No. 3:11-CV-01171-JAH-MDD, entitled Sun Community Federal Credit Union v. VISION II SEA, her boats, tackle, apparel, furniture, engines and appurtenances, in rem
, and STEVEN J. FELD, and BARBRA S. FELD, in personam
, pursuant to an Order For Sale of the Vessel entered by the United States District Court, Southern District of California, dated April 8, 2013, notice is hereby given that the Vessel M/Y VISION II SEA,
a 42 Sea Ray motor yacht bearing the Official No. 1068047; Hull Identification: SERP: 3515J697,
her boats, tackle, apparel, furniture, engines and appurtenances, will be sold free of all liens, as is, where is, at public auction to the highest bidder at the Marine Group Boat Works facility, San Diego, California, on April 24, 2013, beginning at 10:00. Interested persons may inspect the Vessel, located at wharfage at the Marine Group facilities at 997 G Street, Chula Vista, California 91910, at such dates and times as may be reasonably made through prior arrangements between the Substitute Custodian Marine Group or its designated agents Todd Roberts, and such interested buyers, or with the United States Marshal for the Southern District of California, provided that the same shall be done at the sole expense and risk of any such interested buyer and further that all persons entering said premises comply with all safety regulations of the facility. The manner of the public auction is as follows: (a) Subject to the provisions of Paragraph (b) below, the highest and best bidder at the sale shall be required to deliver to the United States Marshal at the time of said sale, by certified check or cashier's check, a deposit amounting to the greater of $500 or at least 10% (ten percent) of the successful amount of the bid on the Vessel, the balance to be paid by certified check or cashier's check to the United States Marshal within three (3) days thereafter, Saturdays, Sundays, and legal holidays excluded; (b) Notwithstanding any of the foregoing provisions of Paragraph (a) above, or any other paragraph of the Court's Order, Substitute Custodian The Marine Group Boat Works, LLC, may credit bid at said sale on the Vessel up to the maximum amount of the sum of $57,087 plus fees accrued after April 23, 2013 up to the date of the sale at the agreed rate of $84 per day, without being required to deliver any earnest money to the United States Marshal, said bid being deemed paid in full, for purposes of confirmation of the sale herein, on the date said bid of The Marine Group Boat Works, LLC is made; (c) There is no minimum amount for an acceptable bid on the Vessel; (d) After commencement of bidding at an amount equal to or greater than the minimum opening bid, bidding increments thereafter shall be in the amount of $500.00 or as otherwise determined by the United States Marshal; and it is further ORDERED that said sale shall be subject to confirmation of the Court only in the event that written objections are properly and timely filed in accordance with the following provisions set out below. If no such objections are filed, the sale of the Vessel shall be confirmed without necessity of a hearing or further order by this Court pursuant to Local Admiralty Rule E.1(e)(2), and it is further ORDERED that if no such objections to sale are filed by the close of business on the third business day following said sale, the sale shall stand confirmed as of course, except that no sale shall stand confirmed until the buyer has complied fully with the terms of the purchase, pursuant to Local Admiralty Rule E.1(e)(2); and it is further ORDERED that any party filing an opposition to the sale of the Vessel shall give immediate notice to all other parties and to the highest bidder and, also, do all things required by the Local Admiralty Rules of the United States District Court for the Southern District of California, and it is further ORDERED that if a party other than The Marine Group Boat Works, LLC is the successful bidder on the Vessel, the CASH proceeds of sale deposited into the Registry of this Court shall be promptly invested by the Clerk of this Court in accordance with the standard practices of the Clerk of the Court, pending further Order of this Court authorizing distribution thereof. Additional information may be obtained upon application to Russell Brown, Gordon & Rees LLP, counsel for Substitute Custodian, 101 West Broadway, Ste. 1600, San Diego, California 92101, ((619) 696-6700).
DATED: APRIL 10, 2013
STEVEN C. STAFFORD
UNITED STATES MARSHAL
Pub Apr 15-23 -00109552
PUBLISHED: Wednesday April 17, 2013