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Bank of the West v. M/V Perfect Game

February 20, 2009

BANK OF THE WEST, A CALIFORNIA CORPORATION PLAINTIFF,
v.
M/V PERFECT GAME OFFICIAL NUMBER 1116851 AND HER ENGINES, TACKLE, FURNITURE AND APPAREL, IN REM, AND PETER W. RICE DEFENDANT



Courtroom No. 27

ORDER FOR INTERLOCUTORY SALE OF VESSEL AND AUTHORIZING CREDIT BID

Hon. Dale A. Drozd United States Magistrate Judge

Courtroom No. 27

Date: February 20, 2009

Time: 10:00 a.m.

Ctrm: 27

By Telephonic Appearance

The matter of setting a date for interlocutory sale of defendant M/V Perfect Game, Official Number 1116851, came before the Court. The Court, having read and considered Bank of the West's motion for an Order for Interlocutory Vessel Sale, the pleadings on file, and such arguments as were presented by the parties, and the Court being fully apprised with respect to the matter submitted, finds as follows:

WHEREAS, it appears to the Court that the expenses of the substitute custodian in keeping the property are "excessive", and that there has been an unreasonable delay in securing the release of the defendant vessel, and that she continues to deteriorate in condition and value while arrested; and

WHEREAS, the Court on February 20, 2009, considered written arguments concerning the proposed interlocutory sale of the defendant vessel, and at that time determined the defendant vessel is appropriately sold at a United States Marshal's auction; now therefore

IT IS ORDERED:

1. That defendant M/V Perfect Game, Official Number 1116851, came before the Court.

That defendant M/V Perfect Game, Official Number 1116851, her engines, tackle, furniture, apparel and appurtenances be sold by the United States Marshal or his deputy at public auction on March 16, 2009, at 1:00 o'clock p.m., or as soon thereafter as is practical at its current location at 1851 Clement Avenue, Alameda, California 94507, the plaintiff to publish notice of such sale daily for four days before the date of sale in the form and manner provided in the Notice of Sale attached as Exhibit1 hereto in the Sacramento Bee;

2. That the Plaintiff is authorized to bid at the sale up to the amount of its debt in an amount of $175,991.53 without ...


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