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U.S. Government
PUBLISHED: Thursday April 25, 2013

IN ADMIRALTY
NOTICE OF SALE BY THE U.S.
MARSHAL OF DEFENDANT VESSEL
F.R.C.P. Supplemental Admiralty Rules C and E
46 U.S.C. Sections 30101-31343
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF
CALIFORNIA
Case No. 12 CV 1786 AJB (BGS)

AMERICANWEST BANK, a Washington State chartered bank,
Plaintiff,
v
P/V INDIAN, Official no. 526530, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES, in rem and INDIAN SPORT FISHING, INC., a California corporation, in personam,
Defendants.
NOTICE OF SALE BY THE UNITED STATES MARSHAL OF DEFENDANT VESSEL
In the United States District Court, Southern District of California, In Admiralty, Civil Case No. 12-CV-1786 AJB (BGS) entitled AMERICANWEST BANK, Washington State chartered bank, v. P/V INDIAN, Official No. 526530, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES, in rem. and INDIAN SPORT FISHING, INC., a California corporation, in personam, pursuant to an Order of the United States District Court dated March 1, 2013, the United States Marshal, hereby gives notice P/V INDIAN, Official No. 526530, AND ALL OF HER ENGINES, TACKLE, ACCESSORIES, EQUIPMENT, FURNISHINGS AND APPURTENANCES and other property belonging thereto, will be sold free and clear of all liens, as is, where is, in accordance with Rule (E)(9)(a)(i) of Supplemental rules for Admiralty or Maritime Claims and Asset Forfeiture Actions and Civil Local Rule E.1(e) at public auction to the last and highest bidder by bidding increments of not less than $500.00, with no minimum bid on the 3rd day of May, 2013, beginning at 10:00 a.m. The vessel is presently located at H&M Landing, 2803 Emerson Street, San Diego, California, 92106. The sale will be conducted at the same address. Plaintiff is entitled to credit bid at the sale without payment of certified check or cashier’s check, a sum equal to the total amount of Defendant P/V INDIAN’s secured indebtedness as of the time of the sale and as established by affidavit filed and served on all other parties no later than seven (7) calendar days prior to the sale. The last and highest bidder at the sale will be required to deposit with the U.S. Marshal a certified check or a cashier’s check in the amount of the full purchase price not to exceed $500, and otherwise $500 or ten percent (10%) of the bid, whichever is greater, and that the balance, if any, of the purchase price shall be paid by certified check or cashier’s check before confirmation of the sale or within three days of dismissal of any opposition which may have been filed, exclusive of Saturdays, Sundays and legal holidays. Any proceeds of the sale shall be deposited by the United States Marshal Service in the Registry of the Court pending further order of the Court. The sale of the Defendant Vessel by the United States Marshal shall stand confirmed as of course, without the necessity of any affirmative action thereby by the Court, except that no sale shall stand confirmed until the buyer has complied fully with the terms of the purchase.
Objections to confirmation of sale properly and timely filed will be adjudicated by the Court. Any objecting party shall serve copies of written objections to all known and interested parties, said parties to include the United States Marshal and the purchaser, and shall further do all things required by Local Admiralty Rules of the United States District Court for the Southern District of California.
Interested parties should contact Philip E. Weiss, Esq. at Brodsky Micklow Bull & Weiss, telephone (619) 225-8884.
DATED: April 10, 2013
STEVEN C. STAFFORD
United States Marshal
Pub Apr 24-May 2 -00109902

NOTICE OF UNITED STATES
MARSHAL SALE OF DEFENDANT VESSEL
In Admiralty

Case No. 3:10-CV-02412-BTM (MDD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF
CALIFORNIA
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SEA PRESTIGIO, LLC, a Delaware limited liability company, Plaintiff,
v.
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


U.S. Government
PUBLISHED: Thursday April 25, 2013


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