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U.S. Government
PUBLISHED: Wednesday May 16, 2012

NOTICE OF SALE OF VESSEL
---
M/V MARINA FLYER BY
U.S. MARSHAL ON
MAY 18, 2012 AT 10:30 AM

(F.R.C.P. SUPP. ADM. Rule E(9) and CivLR E.1(e)(2))
United States District Court
Southern District of California

Community West Bank N.A. (Plaintiff) v. M/V MARINA FLYER, Official No. 1168379, her engines, tackle, furniture, appurtenances, etc., in rem (Defendant)
Case No.: 3:11-cv-02970-JAH-POR
Notice is hereby given that on April 18, 2012, United States District Judge John A. Houston ordered the United States Marshal for the Southern District of California (“Marshal”) to sell the vessel M/V MARINA FLYER (Official No. 1168379), including her engines, tackle, apparel, etc., and all other necessaries and equipment belonging and appurtenant thereto (the “Vessel”), at public auction, AS IS, WHERE IS, with no warranties, to the highest bidder, free and clear of all liens, preexisting claims, and encumbrances on said Vessel pursuant to the Federal Rules of Civil Procedure, Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Rule E(9) and United States District Court for the Southern District of California, Admiralty and Maritime Local Rules, Rule E.1(e)(2).
The sale of the Vessel by the Marshal shall be held on May 18, 2012 at 10:30am (Pacific Daylight Time) at Gold Coast Anchorage, 2353 Shelter Island Dr., San Diego, California 92106, upon the following terms of sale:
(a) United States District Court for the Southern District of California, Admiralty
and Maritime Local Rules, Rule E.1(e)(2) provides, inter alia, that the last and highest bidder will be required to deliver to the Marshal a minimum deposit by certified check or cashier’s check, of the full purchase price not to exceed $500, and otherwise $500 or ten percent of the bid, whichever is greater. The balance, if any, of the purchase price must be paid by certified check or cashier’s check before confirmation of the sale or within three days of dismissal of any filed opposition;
(b) United States District Court for the Southern District of California, Admiralty
and Maritime Local Rules, Rule E.1(e)(2) provides, inter alia, that at the conclusion of the sale, the Marshal must forthwith file a written report to the Court of the fact of sale, the price obtained and the name and address of the buyer. The clerk of the district court must endorse upon such report the time and date of its filing. If within three days,
exclusive of Saturdays, Sundays, and legal holidays, no written objection is filed, the sale will stand confirmed as of course, without the necessity of any affirmative action thereon by the Court; except that no sale will stand confirmed until the buyer has complied fully with the terms of the purchase. If no opposition to the sale is filed, the expenses of keeping the property pending confirmation of sale must be charged against the party bearing expenses before the sale (subject to taxation as costs), except that if confirmation is delayed by the purchaser’s failure to pay any balance which is due on the price, the cost of keeping the property subsequent to the three-day period hereinabove specified
must be borne by the purchaser;
(c) United States District Court for the Southern District of California, Admiralty
and Maritime Local Rules, Rule E.1(e)(2) provides, inter alia, that a party filing an opposition to the sale, whether seeking the reception of a higher bid or a new public sale by the Marshal, must give prompt notice to all other parties and to the purchaser. Such party must also, prior to filing an opposition, secure the Marshal’s endorsement upon it acknowledging deposit with the Marshal of the necessary expense of keeping the property for at least five days. Pending the Court’s determination of the opposition, such party must also advance any further expense at such times and in such amounts as the Marshal will request, or as a this Court orders upon application of the Marshal or the opposing party. Such expense may later be subject to taxation as costs. In the event of failure to make such advance, the opposition must fail without necessity for affirmative action thereon by the Court. If the opposition fails, the expense of keeping the property during its pendency must be borne by the party filing the opposition;
(d) After the successful bidder has made full payment and the sale stands confirmed, the Marshal shall deliver a Bill of Sale of the Vessel to the confirmed purchaser and the Vessel shall be conveyed by the Marshal “as is, where is, free and clear of all liens, claims and encumbrances of whatever nature whatsoever;” and,
(e) The Marshal shall deposit the proceeds of the sale into the registry of the Court pending further order of the Court. The Clerk of Court is directed to deposit the funds into an interest bearing account.
Any interested persons wishing to obtain further information regarding the public auction may contact the Marshal whose details are as follows:
The United States Marshal for the Southern District of
California
Attn: Patricia Smith
U.S. Courthouse,
940 Front Street, Room LL B-71
San Diego, California 92189,
Tel: +1 619 546 4079
Any interested persons wishing to obtain further information on the Vessel may contact Mr. Ray Jones – Marketing Representative, Long Beach Yacht Sales, Inc. by telephone at +1 562 431 3393, extension 222.
Any interested persons wishing to visit, board, inspect, examine and/or survey the Vessel may contact the Court appointed substitute custodian of the Vessel, Mr. Don Beaumont of Nielsen Beaumont Marine, Inc. via telephone at +1 619 222 4255, who shall grant permission to such person or his representatives to visit, board, inspect, examine and survey the Vessel between the hours of 9:00am and 5:00pm during any day between the date hereof and the date of the sale, provided that the same shall be done at the sole expense and risk of any such person or his representative and upon such other reasonable terms as may be set by Nielsen Beaumont Marine, Inc.
Notice of the contact details for the Attorneys for the Plaintiff is provided below:
James A. Marissen
Tyson W. Kovash
KEESAL, YOUNG & LOGAN
A Professional Corporation
400 Oceangate,
Long Beach, California 90802
+1 562 436 2000
Pub. May 9, 10, 11, 14, 15, 16, 17-00098376


U.S. Government
PUBLISHED: Wednesday May 16, 2012


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