STIPULATED ORDER FOR SALE 

U.S. BANK, N.A. v. ENTERTAINER, et al -Page 1 of 7 

Case No. CV05-1534JCC 

THE HONORABLE JOHN C. COUGHENOUR 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

U.S. BANK, N.A., 

 Plaintiff, 

 v. 

ENTERTAINER, Official No. 627953, their 

Engines, Machinery, Appurtenances, etc., 

In Rem; 

and 

FIRST CAPITAL PARTNERS, LTD., and 

S. HILTON SMITH, 

In Personam, 

 Defendants. 

 IN ADMIRALTY 

Case No. CV05-1534JCC 

STIPULATED ORDER FOR SALE 

WITH CREDIT BID AUTHORITY 

STIPULATION

IT IS HEREBY stipulated by and among plaintiff U.S. Bank, N.A., and plaintiffin-intervention City Investors XIII, LLC, and defendants ENTERTAINER, in rem, and 

First Capital Partners, Ltd. and S. Hilton Smith, in personam, and their respective 

attorneys of record that: 

Case 2:05-cv-01534-JCC Document 36 Filed 04/26/06 Page 1 of 7
STIPULATED ORDER FOR SALE 

U.S. BANK, N.A. v. ENTERTAINER, et al -Page 2 of 7 

Case No. CV05-1534JCC 

1. The vessel ENTERTAINER, Official Number 627953, her engines, machinery, 

and appurtenances, etc., is now in the custody of Bill Orr, substitute custodian, of Felix 

Marine Industries, Seattle, Washington, and subject to expenses for supervising its 

condition, premium for port risk insurance, and other expenses. Said vessel is likely to 

deteriorate in value by reason of being detained in custody and is subject to vandalism as 

there is not a permanent keeper stationed aboard the vessel. There is a demand for vessels 

such as ENTERTAINER and, if the sale of said vessel is delayed and it is further detained 

in custody pending the outcome of this suit, all parties concerned will be injured and 

damaged by additional expenses for the care and protection of said vessel and the likely 

deterioration of said vessel. 

2. On November 21, 2005, this Court entered an Order for Default against 

defendants who had not appeared or answered the Complaint. On September 30, 2005, 

the U.S. Marshal published notice in the Seattle Daily Journal of Commerce that 

ENTERTAINER had been arrested and that any person having or claiming an interest in 

or to said vessel must file a claim within ten (10) days after the publication of said notice 

and file an answer to plaintiff's Complaint within twenty (20) days after filing the claim. 

Other than plaintiff-in-intervention, no other party has filed a claim, answered or appeared 

to express any interest in or claim to or against the defendant vessel ENTERTAINER, 

Official Number 627953, her engines, tackle, apparel, furniture and equipment. 

3. The interest of all parties concerned will be promoted by a speedy judicial sale 

of said vessel, her engines, tackle, apparel, furniture, equipment, and all appurtenances 

thereunto appertaining and belonging and all additions, improvements and replacements, 

the proceeds of said sale to be brought into Court for the benefit of whom it may concern, 

subject to the further order of the Court. 

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STIPULATED ORDER FOR SALE 

U.S. BANK, N.A. v. ENTERTAINER, et al -Page 3 of 7 

Case No. CV05-1534JCC 

4. The terms and conditions of the sale of ENTERTAINER shall be in accordance 

with the Local Admiralty Rules, including Rule 145; provided, however, that 

 (a) Plaintiff U.S. Bank, N.A. shall have in rem judgment against the 

ENTERTAINER, O.N. 627953, her engines, machinery, and appurtenances, etc., 

including, without limitation, all personal property now aboard the vessel, and judgment in 

personam against First Capital Partners, Ltd. and S. Hilton Smith, in the amount of 

$296,562.90, together with per diem interest at $97.04 from June 10, 2005, until the date 

of this order, and interest thereafter as prescribed by 28 U.S.C. § 1961, along with 

reasonable attorneys fees and costs and in custodia legis expenses to date; 

 (b) The parties stipulate that Plaintiff U.S. Bank, N.A. has a first preferred 

marine mortgage on the ENTERTAINER, O.N. 627953, and no other lien has priority 

over the in rem judgment of U.S. Bank, N.A.; 

 (c) Plaintiff U.S. Bank, N.A. shall be entitled to bid in lieu of cash the 

amount of its judgment against the ENTERTAINER, O.N. 627953, her engines, 

machinery, and appurtenances, etc., including, without limitation, all personal property 

now aboard the vessel. 

 (d) The parties further stipulate that City Investors XIII, LLC, shall have 

in rem judgment against the ENTERTAINER, O.N. 627953, her engines, machinery, and 

appurtenances, etc., including, without limitation, all personal property now aboard the 

vessel, in the amount of $5,827.90 and that City Investors XIII, LLC has a second priority 

lien on the ENTERTAINER, O.N. 627953 in said amount behind U.S. Bank, N.A. for 

moorage; 

 (e) The parties further stipulate that if the sale proceeds of the 

ENTERTAINER exceed that which is necessary to pay and satisfy U.S. Bank, N.A.’s in 

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STIPULATED ORDER FOR SALE 

U.S. BANK, N.A. v. ENTERTAINER, et al -Page 4 of 7 

Case No. CV05-1534JCC 

rem judgment and the stipulated amount of the judgment of City Investors XIII, LLC, the 

remaining proceeds shall remain in the registry of the court pending further order of the 

court; and 

 (f) The parties stipulate that said sale of the ENTERTAINER shall occur 

where the vessel now lies at Lake Union Dry Dock, 1515 Fairview Avenue East, Seattle, 

Washington on a date agreeable to U.S. Bank, N.A. and the U.S. Marshal. 

DATED this ___21___ day of April, 2006. 

HOLMES WEDDLE & BARCOTT 

______________/s/____________________

__ 

John E. Casperson, WSBA#: 14292 

Attorneys for U.S. BANK, N.A. 

AIKEN, ST LOUIS & SILJEG 

_______________/s/___________________ 

James Richard Woeppel, WSBA#: 13225 

Attorneys for Entertainer, O. N. 62795, First 

Capital Partners, Ltd., S. Hilton Smith 

FOSTER PEPPER LLC 

________________/s/__________________ 

Rodrick J Dembowski, WSBA#: 31479 

Courtney M. Anderson, WSBA# 34376 

Attorneys for City Investors XIII, LLC 

Case 2:05-cv-01534-JCC Document 36 Filed 04/26/06 Page 4 of 7
STIPULATED ORDER FOR SALE 

U.S. BANK, N.A. v. ENTERTAINER, et al -Page 5 of 7 

Case No. CV05-1534JCC 

ORDER

Based on the foregoing stipulation in writing, 

IT IS HEREBY ORDERED: 

1. Proper notice of the arrest of the defendant vessel ENTERTAINER was given 

and defendants and all others not named herein have failed to file any claim, appear or 

answer either plaintiff’s Complaint or each plaintiff-in-intervention’s Complaint, 

Defendants and all such other persons who have failed to file any claim, appear or answer 

either plaintiff’s complaint or intervenor plaintiff’s Complaint are in default and are barred 

from any interest in or claim to said vessel. 

2. The defendant vessel ENTERTAINER shall be sold by the United States 

Marshal where the vessel now lies at Lake Union Dry Dock, 1515 Fairview Avenue East, 

Seattle, Washington, on a date to be set by plaintiff and the U.S. Marshal, after six (6) 

days public notice given in a manner and form prescribed by law and under the terms and 

conditions of the attached Stipulation of the parties to this suit. Plaintiff U.S. Bank, N.A. 

shall be entitled to bid in lieu of cash the amount of its judgment against the 

ENTERTAINER, O.N. 627953, her engines, machinery, and appurtenances, etc., 

including, without limitation, all personal property now aboard the vessel. 

3. The U.S. Marshal shall pay directly to the U.S. Bank, N.A. the amount 

necessary to pay the existing preferred marine mortgage of $296,562.90, together with per 

diem interest at $97.04 from June 10, 2005, until the date of this order, and interest 

thereafter as prescribed by 28 U.S.C. § 1961, along with reasonable attorneys fees and 

costs and in custodia legis expenses, and, if any funds remain thereafter, shall pay directly 

to City Investors XIII, LLC the sum of $5,827.90, or any portion thereof, and bring the 

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STIPULATED ORDER FOR SALE 

U.S. BANK, N.A. v. ENTERTAINER, et al -Page 6 of 7 

Case No. CV05-1534JCC 

remaining proceeds of said sale into Court and deposit same with the Clerk thereof, 

pending the further hearing of this action and pending the final judgment herein. 

4. The terms and conditions of the sale of defendant vessel shall be in accordance 

with the Local Admiralty Rules, including Rule 145. 

 

DATED this 26th day of April, 2006. 

 

 

 UNITED STATES DISTRICT JUDGE 

A

Presented by: 

HOLMES WEDDLE & BARCOTT 

___________/s/_______________________ John E. Casperson, WSBA#: 14292 

Attorneys for Plaintiff 

Copy Received; Approved as to 

Form; Notice of Presentation Waived: 

Case 2:05-cv-01534-JCC Document 36 Filed 04/26/06 Page 6 of 7
STIPULATED ORDER FOR SALE 

U.S. BANK, N.A. v. ENTERTAINER, et al -Page 7 of 7 

Case No. CV05-1534JCC 

AIKEN, ST LOUIS & SILJEG 

______________/s/____________________ 

James Richard Woeppel, WSBA#: 13225 

Attorneys for Entertainer, O.N. 62795, First 

Capital Partners, Ltd., S. Hilton Smith 

FOSTER PEPPER LLC 

_________/s/_________________________ 

Rodrick J Dembowski, WSBA#: 31479 

Courtney M. Anderson, WSBA# 34376 

Attorneys for City Investors XIII, LLC 

 

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