UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

IN ADMIRALTY

CASE NO.: 0:22-cv-61548-RKA

BROWARD SHIPYARD, INC.,

Plaintiff,

v.

M/Y SMILING DOG, a 1991 model 105-foot

Chediek motor yacht registered in the

Cayman Islands as Official Number 748072, 

its engines, tackle, furniture, furnishings, and 

appurtenances, including a 17-foot Boston Whaler

tender, in rem, and SMILING DOG LTD., 

a Cayman Islands company, in personam, 

Defendants. 

____________________________________________/ 

ORDER APPOINTING SUBSTITUTE CUSTODIAN

 The Plaintiff, Broward Shipyard, Inc., has filed a Motion for Appointment of Substitute 

Custodian [ECF No. 3] (the “Motion”). Having carefully considered the Motion, the Consent and 

Indemnification [ECF No. 4], the Declaration of Substitute Custodian [ECF No. 5], and being 

otherwise fully advised in the premises, it is hereby:

ORDERED AND ADJUDGED that Plaintiff, Broward Shipyard, Inc.’s, Motion for 

Appointment of Substitute Custodian [ECF No. 3] is GRANTED. It is further

ORDERED AND ADJUDGED that the United States Marshal for the Southern District 

of Florida, be and the same is hereby authorized and directed upon his seizure of the in rem Defendant, 

M/Y Smiling Dog, a 1991 105-foot Chediek motor yacht registered in the Cayman Islands as Official 

Number 748072, its engines, tackle, furniture, furnishings, and appurtenances, including a 17-foot 

Boston Whaler tender (hereinafter the “Vessel”), pursuant to said Warrant of Arrest In Rem and to 

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surrender possession thereof to the custody of the Substitute Custodian, Broward Shipyard, Inc., by 

her arrest. It is further

ORDERED AND ADJUDGED that the United States Marshal for the Southern District 

of Florida shall surrender possession of the Defendant Vessel to the Substitute Custodian named 

herein, and that upon surrender, the Marshal shall be discharged from his duties and responsibilities 

for the safekeeping of the Defendant Vessel and be held harmless from any and all claims arising out 

of the substituted possession and safekeeping. It is further

ORDERED AND ADJUDGED that the Substitute Custodian must sign a receipt for the 

Vessel and the Marshal must attest to the date and time of the Vessel’s release to the Custodian on a 

United States Marshals’ Process Receipt and Return. It is further

ORDERED AND ADJUDGED that Broward Shipyard, Inc. shall be and is hereby 

appointed the custodian of said Vessel and thereafter to retain the same in its custody for possession 

and safekeeping for the compensation set forth by the Declaration of Substitute Custodian. The 

Substitute Custodian’s fees and expenses for keeping and safeguarding the Vessel are deemed 

administration expenses of custodia legis for which the Custodian has a priority claim against the 

Defendant Vessel or the sales proceeds. It is further

ORDERED AND ADJUDGED that all reasonable expenditures of the United States 

Marshal for the safekeeping of Defendant Vessel shall be deemed administrative priority expenses of 

custodia legis in this action and a first charge on the Vessel to be paid to the United States Marshal prior 

to the release of the Defendant Vessel or distribution of the proceeds of a sale and all further 

constructive costs shall be borne by Plaintiff unless the Plaintiff is awarded expenses and costs against 

the Defendant Vessel. It is further

ORDERED AND ADJUDGED that all reasonable expenditures which may be incurred by 

the Substitute Custodian, or by any party advancing funds to the Substitute Custodian, in safekeeping 

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and maintaining the Vessel while she is in custodia legis, shall be administrative priority expenses of 

custodia legis in this action and a first charge on the Defendant Vessel or the sales proceeds, to be paid 

prior to the release of the Vessel or the distribution of sales proceeds. It is further

ORDERED AND ADJUDGED that the premiums charged for the Marshals’ liability 

insurance will be taxed as an expense of custody while the Vessel is in custodia legis pursuant to the 

applicable Local Admiralty Rule.

DONE AND ORDERED in the Southern District of Florida, this 11th day of October 

2022.

_________________________________

ROY K. ALTMAN

UNITED STATES DISTRICT JUDGE

cc: counsel of record

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