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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CANTON PORT SERVICES, LLC v. M/V SNOW BIRD, her engines, tackle and apparel, et al. : : : : : : ...o0o...

CIVIL NO. CCB-10-103

MEMORANDUM Now pending before the court are two separate motions objecting to the interlocutory sale of the M/V Snow Bird which occurred pursuant to this court's order on February 18, 2010. Objector Rattan Ramkissoon, who purchased the Snow Bird at a prior auction on October 30, 2009, argues that the sale should be vacated primarily because there was no enforceable maritime lien justifying the arrest which preceded the sale. Trading and Brokerage Shippers Incorporated ("Trading and Brokerage") also objected to the sale on the grounds that the auction procedures were irregular and unfair. Specifically, Roshan Ali Ahmad, representing Trading and Brokerage, claimed to have had the winning bid rather than Jason Podd, representing Sea Solutions, who the United States Marshal found had made the successful bid of $249,000. In accordance with Local Admiralty Rule (e)(12)(f), the court heard testimony and oral argument on March 1, 2010. I am incorporating herein and relying also on the history of the Snow Bird's stay at Canton Port Services' ("Canton's") dock since April 2008 where it has been deteriorating as set forth in the two prior related cases, 08-1077 and 09-2452. For the reasons that follow, both objections are denied and the sale is confirmed. A. Standard of Review Confirmation of a judicially-ordered sale is a "matter that falls within the judgment and discretion of the Court which ordered the sale". Golden v. Oil Screw Frank T. Shearman, 455 1

F.2d 133, 135 (4th Cir. 1972). Although a sale in admiralty may be set aside before it is confirmed, "extreme caution should be used in such matters." Morgan Guaranty Trust Co. v. M/V Hellenic Sun, 581 F. Supp. 1266, 1267 (D. Md. 1984) (internal citations omitted); see also Lamberts Point Towboat Co. v. United States, 182 F. 388, 389-90 (4th Cir. 1910) (stating that "the rule is now well established that courts should proceed with great caution in disposing of motions to set aside sales duly made under the provisions of their own decrees"). Policy dictates that "[j]udicial sales shall be certain, and all bidders should have equal opportunities." Quinn v. S.S. Jian, 235 F. Supp. 975, 977 (D. Md. 1964). B. Mr. Ramkissoon's Objection This court ordered an interlocutory sale of the Snow Bird after Canton brought both an in rem action against the Snow Bird and an in personam action against Mr. Ramkissoon for over $300,000 in unpaid dockage fees, based in part on a $1000/hour tariff applied to vessels that have failed to vacate their berths when so ordered. Mr. Ramkissoon now argues that the sale was improper because Canton neither had a maritime lien against the vessel, nor a claim against him personally, because the $1000/hour tariff was an unenforceable penalty.1 Although the parties dispute what tariff applied to the vessel, Canton argues that even if the lowest possible rate applied ($476.16/day), at the time of the sale it had a maritime lien on the Snow Bird for at least $17,996.80 in unpaid dockage fees, pursuant to the Federal Maritime Liens Act ("FMLA"), 46 U.S.C.

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Maryland Law