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07-508 - Majestic Ventures, Inc et al v. M/V SENSATION


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07-508 - Majestic Ventures, Inc et al v. M/V SENSATION
January 23, 2008
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ORDER GRANTING 63 MOTION to Intervene of Community Credit Union; Community Credit Union to submit proof of its authority to intervene to Pltf by 2/1/2008. It is further ORDERED that Community Credit Union SHALL file its Amended Motion for Summary Jgmt by 2/1/2008.( Signed by Judge John R Froeschner ) Parties notified.(sanderson, )
September 24, 2008
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MEMORANDUM AND ORDER There is no evidence raising a genuine issue of material fact regarding whether Plaintiffs signed and delivered to Intervenor a Bill of Sale representing unequivocally that there were no liens or mortgages on the vessel as of June 14, 2005. As a result, Plaintiffs are equitably estopped to assert a preferred maritime lien against the SENSATION, and it is herebyORDERED that the Court declines to adopt the R&R and withdraws the reference on this case to the Magistrate Judge. It is furtherORDERED that Intervenors Motion for Summary Judgment [Doc. # 88] on the estoppel issue is GRANTED. Plaintiffs Majestic and Litchfield are estopped to assert a preferred maritime lien against the SENSATION. It is furtherORDERED that Intervenors prior Motions [Docs. # 57 and # 76] are DENIED AS MOOT. It is furtherORDERED that counsel shall appear before the Court on October 10, 2008, at 10:00 a.m. for a status and scheduling conference for the remaining claim by Plaintiff White. ( Scheduling Conference set for 10/10/2008 at 10:00 AM in Courtroom 9F before Judge Nancy F. Atlas).(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, )