Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Alecio Shipping Inc.

United States District Court, N.D. California

August 23, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ALECIO SHIPPING INC.; FAM MARINE SERVICES, INC.; SHOTON MARITIME, LTD; SERAFIM SOFIANTIS, an individual; KONSTANTINOS PAPAGEORGIOU, an individual; and UNKNOWN DEFENDANTS 1-10 Defendants.

         IN ADMIRALTY

          CHAD 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

          FOR 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

         I. PARTIES

         This Consent Judgment is made and entered into by and among the following parties (hereinafter referred to collectively as “the Settling Parties” and individually as “Party”):

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 (“OSLTF”);
B. Defendants FAM Marine Services, Inc., and Konstantinos Papageorgiou (“Settling Defendants”).

         II. INTRODUCTION

         A. On 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 (“Papageorgiou”).

         B. On February 27, 2015, Defendants FAM and Papageorgiou filed an Answer (Docket No. 20) to the Verified Complaint.

         C. On 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).

         D. 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.

         E. 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 settlement authority.

         F. The 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.

         NOW THEREFORE, WITH THE UNDERSIGNED CONSENTS OF THE SETTLING PARTIES, IT IS HEREBY ADJUDGED, ORDERED AND DECREED AS FOLLOWS:

         III. JURISDICTION AND VENUE

         1. This 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.

         IV. APPLICABILITY

         2. The 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.

         V. SETTLEMENT

         3. 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 Judgment;
(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;

         4. No pre-payment penalties apply.

         5. The 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.

         6. All 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.