Garpo Marine Servs. v. Island Romance

• Decision Date: 04 February 2022
• Docket Number: 19-CV-6875(EK) (SJB)
• Parties: GARPO MARINE SERVICES INC., Plaintiff, v. ISLAND ROMANCE (Official No. 551624), her engines, boilers, appurtenances, tackle, etc., in rem; et al., Defendants.
• Court: U.S. District Court — Eastern District of New York

GARPO MARINE SERVICES INC., Plaintiff,
v.
ISLAND ROMANCE (Official No. 551624), her engines, boilers, appurtenances, tackle, etc., in rem; et al., Defendants.

No. 19-CV-6875(EK) (SJB)

United States District Court, E.D. New York

February 4, 2022

MEMORANDUM & ORDER

ERIC KOMITEE, United States District Judge:

The Court has received Magistrate Judge Bulsara's Report and Recommendation (R&R) dated September 30, 2021. ECF No. 41. Judge Bulsara recommends (1) dismissing Dhaneshwar Ramlochan from the case with prejudice and vacating the default entered against him; (2) entering judgment in rem against the Island Romance in the amount of $242, 391.68; (3) ordering the sale of the Island Romance in accordance with Supplementary Rule for Admiralty or Maritime Claims and Asset Forfeiture Actions E(9)(b) and Local Admiralty and Maritime Rule C.2(b); and (4) entering final judgment against El Dorado Cruise LLC for any deficiency remaining after the sale.

Neither party has filed objections, and the time to do so has expired. Accordingly, the Court reviews Judge Bulsara's recommendation for clear error on the face of the record. See

1

Fed. R. Civ. P. 72(b) advisory committee's note to 1983 addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968 F.Supp.2d 480, 481 (E.D.N.Y. 2013).

Having reviewed the record, I find no error and therefore adopt the R&R in its entirety. I briefly note two points.

First, the R&R correctly notes that under Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir. 1993), the factors governing entry of default are “(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented.” Id. at 96.

Garpo hopes to “streamlin[e]” this litigation “so as to enable the sale [of the Island Romance] to take place as quickly as possible and avoid any further need to maintain the [Island Romance] on [Garpo's] property, ” where it presently is located. Decl. of John Garner ¶¶ 16, 36, ECF No. 39. In service of this goal, Garpo represents that it is “prepared to dismiss against [Ramlochan] personally and seek judgment only against the corporate owner El Dorado and the Vessel itself, together with an order directing a sale by the Marshal.” Decl. of John Garner ¶ 37. And it has expressly requested dismissal of the only claim against Ramlochan. Suppl. Mem. of Law 6, ECF No. 38. Thus, Garpo would not just suffer no prejudice from

2

Ramlochan's...