Motion for disbursement of sale proceeds

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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: RJDE0005I708, 
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 SEACOAST NATIONAL BANK’S MOTION FOR  
DISBURSEMENT OF SALE PROCEEDS 
 
Plaintiff Seacoast National Bank (“Seacoast” or “Plaintiff”), by and through undersigned 
counsel, respectfully moves this Court for entry of an order directing the U.S. Marshal and/or Clerk 
of Court1 to disburse all sale proceeds currently held from the judicial sale of the M/V SLOW UR 
ROLL II (“Vessel”) to: (1) Plaintiff for reimbursement of the amounts paid to the U.S. Marshal, 
(2) the court-appointed Substitute Custodian, National Liquidators, for custodia legis fees, and (3) 
to Plaintiff for all other amounts awarded under the Default Judgment entered on May 21, 2026 
[DE 70] plus accrued post-judgment interest.  In support thereof, Plaintiff states as follows: 
 
1 Plaintiff is pending confirmation from the U.S. Marshal that the proceeds have been forwarded to the Clerk of Court. 
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BACKGROUND 
On February 2, 2026, Seacoast filed its Verified Complaint against the Vessel, in rem, and 
Starboard Yacht Group LLC (“Borrower”), in personam. [DE 1.] On February 25, 2026, the Court 
issued a Warrant for Arrest of the Vessel. [DE 24.]  The U.S. Marshal arrested the Vessel on March 
4, 2026. [DE 33.] National Liquidators, Inc. was appointed as Substitute Custodian. [DE 23.] 
On May 21, 2026, the Court entered Default Judgment, foreclosing the Mortgage and 
awarding Seacoast a total Judgment Amount of $168,773.21, consisting of $143,054.75 in 
principal, $9,118.21 in accrued and unpaid interest through April 29, 2026 (with a per diem 
thereafter of approximately $70.5475), plus repossession fees ($695.00), transportation fees 
($5,600.00), recovery fees ($850.00), storage fees ($3,330.25), insurance fees ($540.00), service 
and repair fees ($5,535.00), and abstract fees ($50.00). [DE 70 ¶ 6.]  
The Court ordered the Vessel sold by the U.S. Marshal and authorized Plaintiff to credit 
bid all or part of its Judgment Amount of $168,773.21 at the sale. [DE 70 ¶¶ 8–11.] The U.S. 
Marshal conducted the public sale of the Vessel on June 26, 2026. [DE 87.] The winning bidder, 
William Wilson, purchased the Vessel for $160,000.00, and the sale proceeds were deposited with 
the U.S. Marshal. [DE 87.] On July 14, 2026, Plaintiff filed its Motion for Confirmation of Sale 
[DE 108], and, on July 15, 2026, the Clerk entered Confirmation of Sale [DE 109]. 
On July 28, 2026, Plaintiff filed its Bill of Costs and Memorandum to Support Award of 
Taxable Costs and Expenses2, evidencing the following costs which take priority over other claims 
against the Vessel proceeds: 3  (1)  $2,907.30 to the U.S. Marshal, inclusive of mileage for arrest 
 
2 The Court has referred same to Magistrate Judge Patrick M. Hunt. [DE 121.] 
3 See The Poznan, 274 U.S. 117, 121, 47 S. Ct. 482, 71 L. Ed. 955 (1927) (“expenses which have contributed either 
to the preservation or creation of the fund in its custody shall be paid before a general distribution among those entitled 
to receive it”); 1 Admiralty & Mar. Law § 9:6 (6th ed.). See also Seacoast Nat'l Bank v. M/Y VIAGGIO, 22-CV-62311, 
2023 WL 6930685, at *7 (S.D. Fla. Oct. 2, 2023), report and recommendation adopted, 22-CV-62311-RAR, 2023 WL 
6908985 (S.D. Fla. Oct. 19, 2023); M&M Private Lending Group, LLC v. M/Y Ciao Bella , 19-CV-62350, 2020 WL 
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of the Vessel ($8.70), service fees for arrest of the Vessel ($325.00), publication of Vessel sale in 
the Miami New Times ($138.60), fees for the Bill of Sale of the Vessel ($20.00), and commission 
on the sale of the Vessel under 28 U.S.C. § 1921(c)(1) ($2,415.00) (collectively, the “U.S. Marshal 
fees”) [DE 120 at 1, 2 ¶ 2, Exs. B, C]; and  (2)  $3,567.50 in custodia legis fees, inclusive of: 
$3,027.50 in storage fees for May 2026 through July 2026, and $540.00 in insurance fees to the 
Substitute Custodian. [DE 120 at 1, 2 ¶¶ 4-5, Ex. E]. Additional custodia legis expenses were 
awarded under the Default Judgment of $4,168.50 4 [DE 64, 70] (collectively with the custodia 
legis fees in the Bill of Costs, referred to as the “Custodia Legis Expenses”).  Plaintiff has already 
paid the U.S. Marshal fees directly to the U.S. Marshal and thus seeks reimbursement of these 
amounts from the sale proceeds.  
ARGUMENT AND INCORPORATED MEMORANDUM OF LAW 
The Default Judgment provides that, absent the filing of other claims prior to the sale, “the 
Clerk of this Court shall pay to the Plaintiff, or its attorney, out of the proceeds of the sale of the 
Vessel,” all sums adjudged due, including fees and costs awarded. [DE 70 ¶ 14.] The only two 
claims that were filed prior to the sale, both by Charles Stratmann, were disposed of and denied 
by the Court. [DE 41, 53, 72, 79.] No other claims have been timely filed or served consistent with 
Local Admiralty Rule E(18).  
The sale has been confirmed by the Clerk [DE 109] and the sale proceeds are currently 
held by the U.S. Marshal or the Clerk of Court. 5  There is no stay in this action, and Stratmann’s 
requests for a stay have been previously denied. [DE 82, 85, 91.]  As this Court stated, “[w]ith 
 
5499102, at *2 (S.D. Fla. Sept. 3, 2020), report and recommendation adopted , 19-62350-CIV , 2020 WL 5500734 
(S.D. Fla. Sept. 11, 2020). 
4 The custodia legis fees in the Default Judgment included daily storage at $43.25/day and $180/month of insurance 
from March 4, 2026 (the date of the arrest) to April 30, 2026, plus service fees of $1,300. See Ex. F to Ex. 1 to 
Plaintiff’s Motion for Default Judgment Against M/V Slow Ur Roll II and Starboard Yacht Group LLC (DE 64). 
5 See supra note 1. 
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respect to [Stratmann’s] request that all sale proceeds be deposited into the Court’s registry and 
held pending resolution of the appeal, that request is likewise denied.” [DE 91.]  
Pursuant to 46 U.S.C. § 31326, expenses and fees allowed by the court, and costs imposed 
by the court, have priority over the preferred mortgage lien of Seacoast.  See also supra  note 3. 
Therefore, the Court should direct the U.S. Marshal and/or Clerk of Court to disburse all sale 
proceeds currently held from the sale of the Vessel as follows: 
(a) first, payment of the U.S. Marshal fees to Plaintiff Seacoast National Bank of 
$2,907.30 as reimbursement for same [DE 120],  
(b) second, payment of Custodia Legis Expenses to National Liquidators, in the 
total amount of $7,736.00, [DE 64, 70, 120], and 
(c) third, payment to Plaintiff Seacoast National Bank of the remaining sales 
proceeds of $149,356.70 in partial satisfaction of the total Judgment Amount. 
As the sale proceeds are insufficient to satisfy the full amount owed to Plaintiff, Plaintiff 
reserves the right to seek a deficiency judgment against Starboard Yacht Group LLC, in personam, 
consistent with the Default Judgment. [DE 70.] 
CONCLUSION 
WHEREFORE, Plaintiff Seacoast National Bank respectfully requests that this Court 
enter an Order directing the U.S. Marshal and/or Clerk of Court to disburse all sale proceeds 
currently held from the sale of the Vessel to National Liquidators and Plaintiff in the amounts as 
set forth herein; and granting such other and further relief as the Court deems just and proper. 
 
 
 
 
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Local Rule 7.1(a)(3) Certificate 
I was unable to confer with Defendant Starboard Yacht Group, Inc., pursuant to Local 
Rule 7.1(a)(3), due to the default of the party in the case and absence of representation by 
counsel. 
Dated:  August 11, 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 S. Flagler Dr., Ste 1100 - West Tower 
West Palm Beach, FL 33401 
Tel: [phone masked] /Fax: [phone masked] 
      Attorneys for Seacoast National Bank 
 
CERTIFICATE OF SERVICE 
 
  I hereby certify that on August 11, 2026, I electronically filed the foregoing document with 
the Clerk of the Court using CM/ECF.  I also certify the foregoing document is being served the 
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, and via US Mail to those listed below. 
 
Starboard Yacht Group LLC 
545 NE 17th Ave. 
Ft. Lauderdale, FL 33301 
 
/s/   Amanda Klopp     
       Amanda Klopp, Esq. 
 
 
 
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