United States District Court, N.D. California
A. READLER Acting Assistant Attorney General R. MICHAEL
UNDERHILL Attorney in Charge West Coast Office, Torts Branch,
Civil Division U.S. Department of Justice VICKEY L. QUINN
Trial Attorney Torts Branch, Civil Division U.S. Department
of Justice Attorneys for the United States of America
FAM MARINE SERVICES, INC., AND KONSTANTINOS PAPAGEORGIOU:
CLYDE & CO. Joseph A. Walsh II Ellen McGlynn Conte Cicala
Attorneys for Settling Defendants FAM MARINE SERVICES, INC.,
and KONSTANTINOS PAPAGEORGIOU
Consent Judgment is made and entered into by and among the
following parties (hereinafter referred to collectively as
“the Settling Parties” and individually as
A. Plaintiff United States of America on behalf of: the
Department of Homeland Security, United States Coast Guard
(“USCG”), National Pollution Funds Center
(“NPFC”), and the Oil Spill Liability Trust Fund
B. Defendants FAM Marine Services, Inc., and Konstantinos
Papageorgiou (“Settling Defendants”).
January 8, 2015, the United States filed a Verified Complaint
under provisions of, inter alia, the Oil Pollution
Act (“OPA”), 33 U.S.C. §§ 2701 et
seq., against defendants Alecio Shipping Inc.
(“Alecio”); FAM Marine Services, Inc.
(“FAM”), Shoton Maritime, Ltd
(“Shoton”), Serafim Sofiantis
(“Sofiantis”), and Konstantinos Papageorgiou
February 27, 2015, Defendants FAM and Papageorgiou filed an
Answer (Docket No. 20) to the Verified Complaint.
February 21, 2017, Default Judgments pursuant to Rule
55(b)(1) of the Federal Rules of Civil Procedure were entered
against Defendants Alecio and Shoton (Docket No. 90).
Based on the representations of the Settling Parties,
Defendant Sofiantis is believed to be in Greece and, in any
event, the United States has been unable to serve the Summons
and Verified Complaint upon Sofiantis.
Settling Parties United States, FAM, and Papageorgiou, by and
through their respective undersigned counsel, entered into a
settlement agreement that has been approved by all Settling
Parties and the respective principals having full and final
Settling Parties agree, and the Court, by entering this
Consent Judgment finds, that the Settling Parties'
settlement and this Consent Judgment effectuating the
settlement has been negotiated by the Settling Parties in
good faith, and that it is fair and reasonable.
THEREFORE, WITH THE UNDERSIGNED CONSENTS OF THE SETTLING
PARTIES, IT IS HEREBY ADJUDGED, ORDERED AND DECREED AS
JURISDICTION AND VENUE
Court has jurisdiction over the subject matter of this action
pursuant to, inter alia, 28 U.S.C. §§ 1331
and 1345, and OPA, 33 U.S.C. § 2717(b). Venue is proper
in this Court pursuant to 28 U.S.C. § 1391(b) and 33
U.S.C. § 2717(b). The Court has personal jurisdiction
over the Settling Defendants, who do not contest the
Court's jurisdiction and do not contest the propriety of
venue in this judicial district.
obligations of this Consent Judgment apply to and are binding
upon the Settling Parties, and each of them, and upon the
Settling Defendants' successors, assigns, or other
entities or persons otherwise bound by law.
Judgment shall be, and the same is, entered in favor of the
United States and against Settling Defendants FAM Marine
Services, Inc., and Konstantinos Papageorgiou, jointly and
severally, in the principal amount of $225, 000 (Two Hundred
Twenty-Five Thousand Dollars, and Zero Cents), plus simple
interest of 2.5 % per annum on any unpaid portion of
the foregoing principal amount of $225, 000, said principal
amount to be paid as follows:
(a) An up front initial payment of $15, 000 (the
“Initial Payment”) to paid to the United States
within 90 days of the Court's execution of this Consent
(b) In addition to the foregoing Initial Payment, Semi-Annual
Payments (2 payments per year) shall be made to the United
States as follows:
(i) Years 1-4 = $12, 500 each payment (Total = $100, 000
for Years 1-4);
(ii) Years 5-7 = $21, 479 each payment (Total = $130, 495
Years for 5-7);
(iii) The Semi-Annual Payments (the Semi-Annual Payment
Dates) shall be due each year on January 15th and July
15th. The first SemiAnnual Payment shall commence on the
earliest Semi-Annual date following 90 days after the
payment of the Initial Payment of $15, 000;
pre-payment penalties apply.
foregoing monetary obligation of $225, 000, plus accrued
interest, is a joint and non-severable debt and obligation of
Settling Defendants FAM and Papageorgiou to the United
States. Thus, in the event of default and/or non-payment of
any portion of the debt by one of the Settling Defendants,
the other Settling Defendant shall not be relieved from
paying the full sum remaining to be paid from the original
amount of principal and interest, less amounts previously
paid down as of the date of default or non-payment.
payments shall be made in U.S. Dollars ($) and shall be made
payable to “United States Dept. of
Justice” and shall be identified by reference
to “U.S. v. Alecio Shipping, FAM Marine, Papageorgiou,
et al., DJ No. 62-1102”, and sent to the following:
If sent by regular, certified, or registered mail:
Attn: Attorney in Charge
Vickey L. Quinn, Trial Attorney
West Coast Office
Torts Branch, Civil Division ...