UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

IN ADMIRALTY 

CASE NO.: 1:22-cv-22319 

YCM ACQUISITION LLC 

d/b/a/ TURNBERRY MARINA, 

 Plaintiff, 

vs. 

M/Y DELIA, a 1991 62-foot J. Nautic 

Marine motor yacht bearing Official No. 

735669, Call Sign ZCIQ5, her engines, 

tackle, and appurtenances, in rem, 

 Defendant. 

 / 

VERIFIED COMPLAINT IN REM TO ENFORCE MARITIME LIEN 

FOR NECESSARIES 

Plaintiff, YCM ACQUISITION LLC (“YCM”), by and through undersigned counsel, sues 

Defendant vessel M/Y DELIA bearing Official No. 735669 (the “Vessel” or “M/Y Delia”) her 

engines, tackle, appurtenances, etc., in rem, and alleges: 

1. This is a maritime lien foreclosure action to collect money for necessaries provided to the 

in rem Defendant Vessel pursuant to the Commercial Instruments and Maritime Lien Act, 46 

U.S.C. §31301, et. seq.

2. This claim is within the Court’s admiralty jurisdiction pursuant to 28 U.S.C. §1333. 

3. This is an admiralty and maritime claim within the meaning of Fed. R. Civ. P. 9(h). 

4. This is an in rem action pursuant to Supplemental Rule C and Local Admiralty Rule C. 

5. At all material times, Plaintiff YCM was and is a Florida company authorized to transact 

business in Florida. 

Case 1:22-cv-22319-KMW Document 1 Entered on FLSD Docket 07/25/2022 Page 1 of 5
2 

6. YCM, doing business as Turnberry Marina, operates a yacht club and marina providing 

dockage to vessels at 19735 Turnberry Way, Aventura, Florida. 

7. M/Y Delia is, and during the pendency of this action will be, within this District, and within 

the jurisdiction of this Court. 

8. In particular, the Vessel is currently located at Plaintiff’s marina at 19735 Turnberry Way, 

Aventura, Florida 33180. 

9. On or about December 16, 2019 through the present date, on order of the owner of the M/Y 

Delia, YCM provided dockage services to the Vessel and continues to provide such dockage at 

present. 

10. The M/Y Delia, through its owner, signed the dockage agreement attached as Exhibit “1.” 

11. YCM has not received any payment for M/Y Delia’s dockage from May 2021 through the 

present date. 

12. Unpaid dockage fees are as follows: 

Date Invoice Number Amount 

5/3/2021 2022-3-6166 $4,429.80 

6/2/2021 2022-3-6277 $4,429.80 

7/1/2021 2022-3-6398 $4,429.80 

8/3/2021 2022-3-6519 $4,613.76 

9/1/2021 2022-3-6640 $4,460.32 

10/19/2021 2022-3-6834 $4,464.66 

11/15/2021 2022-3-6953 $4,454.30 

12/15/2021 2022-3-7075 $4,453.80 

1/1/2022 201312226DF $4,429.80 

2/1/2022 201312227DF $4,429.80 

3/1/2022 201312228DF $4,429.80 

4/1/2022 201312229DF $4,429.80 

5/1/2022 43074 $4,429.80 

6/1/2022 43075 $4,429.80 

7/1/2022 070122 $4,429.80 

 TOTAL $66,744.84 

Case 1:22-cv-22319-KMW Document 1 Entered on FLSD Docket 07/25/2022 Page 2 of 5
3 

13. True and correct copies of the unpaid invoices are attached as Composite Exhibit “2.” 

14. The dockage service furnished by YCM to the M/Y Delia creates a maritime lien in favor 

of YCM and against the M/Y Delia. 

15. The Commercial Instruments and Maritime Lien Act states that “a person 

providing necessaries to a vessel on the order of the owner -- (1) has a maritime lien on the vessel; 

(2) may bring a civil action in rem to enforce the lien; and (3) is not required to allege or prove in 

the action that credit was given to the vessel.” 46 U.S.C. §31342(a)(1)-(3). 

16. On April 27, 2022, YCM demanded payment from the owner of the Vessel for its 

outstanding dockage fees in the amount of $53,455.44, but that amount remains unpaid. The 

correspondence is attached as Exhibit “3.” 

17. Furthermore, the M/Y Delia remains at YCM’s marina, incurring dockage at the rate of 

$4,140 per month plus sales tax, which remains unpaid from May 3, 2021. 

18. The total amount due at the time of filing the Complaint is $66,744.84. 

19. The Vessel has failed to pay the overdue charges for the necessaries provided by YCM. 

20. The Vessel continues to incur dockage expenses every day. 

21. In this District, the right to proceed against the Vessel directly includes the lienholder’s 

“right to appropriate the vessel, have it sold, and be repaid from the proceeds.” P&L Towing & 

Transp., Inc. v. M/V GAR-DEN S, 1:21-CV-23062, 2022 WL 1812386, at *6 (S.D. Fla. May 13, 

2022), report and recommendation adopted sub nom. P & L Towing & Transp., Inc. v. M/V 

Gardens, 21-23062-CIV, 2022 WL 1801235 (S.D. Fla. June 2, 2022); Harris v. M/V FATHOMS 

O’FUN, No. 10-62038-CV, 2011 WL 13319377, at *3 (S.D. Fla. July 18, 2011), report and 

recommendation adopted, No. 10-62038-CIV, 2011 WL 13319373 (S.D. Fla. Aug. 18, 2011). 

Case 1:22-cv-22319-KMW Document 1 Entered on FLSD Docket 07/25/2022 Page 3 of 5
4 

22. YCM is entitled to recover from the in rem Defendant, M/Y Delia, the sum of $66,744.84, 

plus additional dockage incurred prior to the arrest, along with pre-judgment interest on the unpaid 

balance, custodia legis expenses for the Vessel while it is under arrest, and the costs of this 

proceeding which includes, but is not limited to, the U.S. Marshal’s fees and court filing fee. 

WHEREFORE, Plaintiff respectfully requests: 

a. That a Warrant for Arrest in rem issue against M/Y Delia and that all persons claiming any 

interest therein may be cited to appear and answer the matters aforesaid; 

b. That Plaintiff be decreed to have a lien upon the in rem Defendant M/Y Delia and that such 

lien be foreclosed in accordance with law and thereupon that the Vessel be condemned and sold 

in payment of the damages suffered by the Plaintiff; 

c. That judgment be entered in the Plaintiff’s favor for all damages, pre- and post-judgment 

interest, and such other relief as the Court deems just; and 

d. That Plaintiff be permitted to credit bid its judgment against the Vessel at a U.S. Marshal’s 

sale. 

Dated: July 25, 2022 

Respectfully submitted, 

NOTARI LAW, P.A. 

Attorney for Plaintiff

1820 SW 14th Court 

Fort Lauderdale, Florida 33312 

Telephone: (954) 257-9028 

Fax: (954) 231-1128 

By: /s/ Adria G. Notari 

ADRIA G. NOTARI

Florida Bar No. 87272 

E-mail: anotari@NotariLaw.com 

 

Case 1:22-cv-22319-KMW Document 1 Entered on FLSD Docket 07/25/2022 Page 4 of 5
25

Case 1:22-cv-22319-KMW Document 1 Entered on FLSD Docket 07/25/2022 Page 5 of 5