Motion to appoint G. Robert Toney & Associates d/b/a National Liquidators as custodian

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
FORT LAUDERDALE DIVISION 
IN ADMIRALTY 
CASE NO.: 0:26-cv-60289-WPD 
 
SEACOAST NATIONAL BANK, 
 
 Plaintiff, 
vs. 
 
M/V SLOW UR ROLL II, a 2008 Everglades 350LX 
Express, Official No. 1220768, HIN: RJDE005I708  
Together with all masts, boilers, cables, engines, 
machinery, etc., in rem, and STARBOARD YACHT 
GROUP LLC, a Florida limited liability company, in 
personam, 
 
 Defendants. 
_________________________________________/ 
 
PLAINTIFF’S MOTION FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN 
 
 Plaintiff, SEACOAST NATIONAL BANK (“Seacoast” or “Plaintiff”), by and through its 
undersigned counsel, and pursuant to Rule E(10) of the Local Admiralty and Maritime Rules, files 
this Motion requesting the Court to appoint G Robert Toney and Associates Inc. DBA National 
Liquidators (“Substitute Custodian” or “National Liquidators”) as Substitute Custodian and 
represents the following: 
1. On or about or about February 2, 2026, Plaintiff initiated the above-styled action 
against Defendant M/V SLOW UR ROLL II, a 2008 Everglades 350LX Express, Official No. 
1220768, HIN: RJDE005I708  together with all masts, boilers, cables, engines, machinery, etc . 
(“Vessel”)  in rem. 
2. Contemporaneously with the filing of this Motion, Plaintiff is filing a Motion for 
Warrant of Arrest In Rem requesting that the Court command the United States Marshal of this 
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District take custody of the Defendant Vessel, and to retain custody of the Vessel pending further 
Order of this Court.   
3. Once the warrant is issued, the U.S. Marshal will execute the Warrant of Arrest, 
thereupon immediately seizing the Defendant Vessel.  Thereafter, continual custody by the 
Marshal will require the services of one or more keepers at a cost of at least in excess of One 
Thousand eighty U.S. Dollars and 00/100 Cents (US $1,080.00) per diem exclusive of dockage 
and other maintenance.  Notwithstanding the foregoing, pursuant to Rule E(10)(a) of the Local 
Admiralty and Maritime Rules in this District it is the practice of the Marshal to not take custody 
of any arrested vessel or execute an arrest warrant until as a substitute custodian is in place. 
4. Upon information and belief, the Defendant Vessel is currently in Fort Lauderdale, 
FL. Subject to approval of the Court, the Substitute Custodian is prepared to keep the Vessel at its 
facility at 800 Old Griffin Rd, Dania Beach, FL 33004, and provide security, wharfage, and routine 
services for the safekeeping of the Vessel at a cost substantially less than that required by the 
Marshal.  The Substitute Custodian has also agreed to continue providing these services pending 
further Order of this Court. 
5. Substitute Custodian has agreed to assume the responsibility for the safekeeping of 
the Defendant Vessel as the Substitute Custodian. 
6. Frank Kups has executed a declaration attached as Exhibit A in which he avers that 
Substitute Custodian has made adequate arrangements for the care, maintenance, and security of 
the Vessel. In discharging its obligation to care, maintain, and secure the Vessel, the Substitute 
Custodian shall comply with all orders of the Captain of the Port, United States Coast Guard, 
including, but not limited to, an order to move the Vessel; and any applicable federal, state, and 
local law, regulations and requirements pertaining to Vessel and port safety. The Substitute 
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Custodian shall advise the Court, the parties to the action, and the United States Marshal, of the 
movement of the Vessel pursuant to the Captain of the Port, within twenty-four (24) hours of any 
Vessel movement. 
7. Frank Kups, in his declaration, also avers that Substitute Custodian possesses 
adequate insurance with Matsui in the amount of $5,000,000 or assets adequate to respond in 
damages for loss or injury to the Defendant Vessel or for damage sustained by third parties due to 
any acts, faults, negligence by said custodian. Further, in said declaration, Substitute Custodian 
accepts, in accordance with the terms of the order, possession of the Defendant Vessel, their 
engines, tackle, apparel, furniture, equipment and all other necessaries thereunto appertaining and 
belonging which are the subject of the action herein. 
8. Plaintiff, in consideration of the Marshal’s consent to the substitution of custody, 
agrees to release the United States and the Marshal from any and all liability and responsibility 
arising out of the care and custody of the defendant, Vessel, its engines, tackle, apparel, furniture, 
equipment and other necessaries thereunto appertaining and belonging from the time the Marshal 
transfers possession of said Vessel over to Substitute Custodian, and further agrees to hold 
harmless and indemnify the United States and the Marshal from any and all claims whatsoever 
arising out of the Substitute Custodian’s possession and safekeeping. 
9. In accordance with Local Admiralty Rule E(10)(c)(ii), attached to this motion as 
Exhibit B, is a Consent and Indemnification Agreement executed by or on behalf of Plaintiff and 
Substitute Custodian. 
WHEREFORE, in accordance with the representations set forth in this Motion, Plaintiff, 
SEACOAST NATIONAL BANK, requests this Court to enter an order providing: 
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a. G Robert Toney and Associates, Inc. DBA National Liquidators be appointed the 
Substitute Custodian for the M/V SLOW UR ROLL II, a 2008 Everglades 350LX Express, Official 
No. 1220768, HIN: RJDE005I708  together with all masts, boilers, cables, engines, machinery, 
etc.; and 
b. That G Robert Toney and Associates Inc. DBA National Liquidators  be authorized 
to keep the Vessel at the location of 800 Old Griffin Rd, Dania Beach, FL 33004. 
Date: February 13, 2026   Respectfully submitted, 
/s/ Amanda Klopp    
Amanda Klopp, Esq. 
Florida Bar Number: 124156 
amanda.klopp [at] akerman.com 
Jenna M. Yoss, Esq. 
Florida Bar Number: 1049858 
jenna.yoss [at] akerman.com 
AKERMAN LLP 
777 South Flagler Drive 
Suite 1100 West Tower 
West Palm Beach, FL 33401 
Phone: [phone masked] 
Fax: [phone masked] 
Attorneys for Plaintiff  
 
CERTIFICATE OF SERVICE 
  
 I hereby certify that on February 13, 2026, I electronically filed the foregoing document 
with the Clerk of the Court using CM/ECF.  I also certify that the foregoing document is being 
served on this same day via transmission of Notices of Electronic Filing generated by CM/ECF to 
those parties registered to receive electronic notices of filing in this case.   
/s/   Amanda Klopp     
       Amanda Klopp, Esq. 
 
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