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LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100 

SEATTLE, WASHINGTON 98101-2338 

206.223.7000 FAX: 206.223.7107 

STIPULATION AND ORDER - 1 

Case No. C06-0105 MJP 

 THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

WASHINGTON MUTUAL BANK, a federal 

association, 

 Plaintiff, 

v. 

M/V WILDERNESS EXPLORER, Coast 

Guard Official No. 520611, IN REM, 

 Defendant. 

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IN ADMIRALTY 

CONSOLIDATED ACTIONS 

No. C06-0105 MJP 

STIPULATION AND ORDER 

AUTHORIZING SUBSTITUTE 

CUSTODIAN TO ALLOW 

INSPECTIONS OF VESSELS AND 

TO ALLOW CLEANING CREW 

PURSUANT TO LAR 135(b)(5) AND 

LAR 135 (d) 

WASHINGTON MUTUAL BANK, a federal 

association, 

 Plaintiff, 

v. 

M/V WILDERNESS ADVENTURER, Coast 

Guard Official No. 664136, IN REM, 

 Defendant. 

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NOTED ON MOTION CALENDAR 

MARCH 30, 2006 

No. C06-0106 MJP 

WASHINGTON MUTUAL BANK, a federal 

association, 

 Plaintiff, 

v. 

M/V WILDERNESS DISCOVERER, Coast 

Guard Official No. 952722, IN REM, 

 Defendant. 

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No. C06-107 MJP 

CLERK’S ACTION REQUIRED 

Case 2:06-cv-00105-MJP Document 68 Filed 03/31/06 Page 1 of 6
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251600.0046/1282573.1 

LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100 

SEATTLE, WASHINGTON 98101-2338 

206.223.7000 FAX: 206.223.7107 

STIPULATION AND ORDER - 2 

Case No. C06-0105 MJP 

 Plaintiff Washington Mutual Bank and Intervenor Plaintiffs Goldbelt Enterprises, Inc., 

Cultural Preservation, Inc., Jeffrey Allen, Shoreside Petroleum, Inc. and Harbor Enterprises, 

Inc. dba Petro Marine Services, by and through their respective counsel of record do Agree 

and Stipulate as follows: 

 1. On January 20, 2006, this Court appointed Roger Lohrer as the Substitute 

Custodian of the M/V WILDERNESS EXPLORER, Coast Guard Official No. 520611, M/V 

WILDERNESS ADVENTURER, Coast Guard Official No. 664136 and M/V WILDERNESS 

DISCOVERER, Coast Guard Official No. 952722 (the “Vessels”). The Vessels were arrested 

by the United States Marshal on January 24, 2006, and have been in the custody of the 

Substitute Custodian since that date. This Court entered an Order of Default on March 16, 

2006. 

 2. Local Admiralty Rule 135(b)(5) provides that “no person except the appointed 

Substitute Custodian will be allowed to enter the Vessel except as ordered by this Court for 

safekeeping and to protect the Vessel.” Accordingly, the Parties must seek this Court’s 

approval for prospective purchasers to board and inspect the Vessels. 

 3. The Parties have been approached by prospective purchasers seeking to inspect 

the Vessels in advance of any judicial sale by the United States Marshal. The Parties stipulate 

that allowing prospective purchasers and marine surveyors to board and inspect the Vessels 

for the purpose of assessing market value in the presence and under the supervision and 

control of the Substitute Custodian is appropriate under the circumstances and in the best 

interest of all Parties. 

 4. The Parties agree, stipulate and request that this Court enter an Order allowing 

the Substitute Custodian to permit boarding and inspection of the Vessels by prospective 

purchasers and marine surveyors in order to determine the Vessels’ condition and value. The 

Parties agree and stipulate that any individual boarding under the supervision of the Substitute 

Custodian shall be required to execute a Release and Hold Harmless Agreement and 

Case 2:06-cv-00105-MJP Document 68 Filed 03/31/06 Page 2 of 6
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251600.0046/1282573.1 

LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100 

SEATTLE, WASHINGTON 98101-2338 

206.223.7000 FAX: 206.223.7107 

STIPULATION AND ORDER - 3 

Case No. C06-0105 MJP 

indemnify the United States, the United States Marshal, the Parties, the Substitute Custodian 

and the Vessels from any and all claims whatsoever arising out of their entry aboard the 

Vessels. The Parties agree and stipulate that the Substitute Custodian shall have discretion to 

arrange reasonable times for boarding and inspection of the Vessels by prospective purchasers 

and marine surveyors as often as is necessary. All costs of such boarding and inspection 

shall, upon further order of this Court, be deemed administrative expenses or expenses in 

custodia legis. 

 5. Pursuant to LAR 135(c), the Vessels, according to the Substitute Custodians, 

require cleaning prior to any inspection. The Parties agree, stipulate and request an Order 

from this Court authorizing Plaintiff, Washington Mutual Bank, at its sole expense, to retain a 

cleaning crew to board the Vessels under the direction and supervision of the Substitute 

Custodian and clean them in advance of any inspections by prospective purchasers. The 

Parties agree that the cost shall not exceed $600.00 and that any cleaning crew shall be 

required to execute a Release and Hold Harmless Agreement and to hold harmless and 

indemnify the United States, the United States Marshal, the Vessels and all Parties from any 

and all claims whatsoever arising out of the cleaning crew’s activity aboard the Vessels. 

 6. The Parties have attached an Order for this Court’s consideration. 

 SO AGREED AND STIPULATED on this the ____ day of March, 2006. 

Dated: 

LANE POWELL PC 

Katie Smith Matison, WSBA #20737 

Charles R. Ekberg, WSBA #342 

Attorneys for Plaintiff 

Washington Mutual Bank, a federal 

association 

Case 2:06-cv-00105-MJP Document 68 Filed 03/31/06 Page 3 of 6
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251600.0046/1282573.1 

LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100 

SEATTLE, WASHINGTON 98101-2338 

206.223.7000 FAX: 206.223.7107 

STIPULATION AND ORDER - 4 

Case No. C06-0105 MJP 

Dated: 

HELSELL FETTERMAN LLP 

Scott Edward Collins, WSBA #18399 

Attorneys for Intervenor Plaintiffs 

Shoreside Petroleum Inc., Harbor 

Enterprises, Inc. dba Petro Marine Services 

Dated: 

HOLMES WEDDLE & BARCOTT 

John E. Casperson, WSBA #14292 

Attorney for Intervenor Plaintiffs Goldbelt 

Enterprises, Inc. and Cultural Preservation, 

Inc. 

Dated: 

GINSTER WEBB 

Anthony Joseph Ginster, WSBA #19310 

Gordon C. Webb, WSBA #22777 

Attorney for Intervenor Plaintiff Jeff Allen 

ORDER

 THIS DAY THIS CAUSE came on to be heard upon the Stipulation of the Plaintiff 

and Plaintiffs in Intervention seeking to allow prospective purchasers, marine surveyors and a 

cleaning crew to board the Vessels under the supervision of the Substitute Custodian, 

pursuant to LAR 135(b)(5) and (d) and this Court, upon consideration thereof, finds that this 

Stipulated Relief should be granted. 

 IT IS THEREFORE ORDERED AND ADJUDGED that the Substitute Custodian 

may permit boarding and inspection of the Vessels by marine surveyors, and prospective 

purchasers in order to determine the Vessels’ condition and value. All costs of boardings and 

inspections shall be deemed administrative costs or expenses in custodia legis. All persons 

entering aboard the Vessels shall execute a Waiver, Release and Hold Harmless Agreement 

Case 2:06-cv-00105-MJP Document 68 Filed 03/31/06 Page 4 of 6
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LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100 

SEATTLE, WASHINGTON 98101-2338 

206.223.7000 FAX: 206.223.7107 

STIPULATION AND ORDER - 5 

Case No. C06-0105 MJP 

releasing and holding harmless the United States, the United States Marshal, all Parties herein 

and the Vessels in rem from any and all claims whatsoever arising out of the inspections of 

the Vessels. The Substitute Custodian is hereby granted authorization to arrange any 

boardings and inspections of the Vessel as frequently as necessary and at such reasonable 

times as may be necessary. 

 IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff Washington 

Mutual Bank, is hereby authorized to allow a cleaning crew to board the Vessels at 

Washington Mutual Bank’s sole expense to clean the Vessels under the supervision of the 

Substitute Custodian. The cleaning crew must execute a Waiver, Release and Hold Harmless 

Agreement releasing the United States, the United States Marshal, the Vessels and all Parties 

herein from any and all claims whatsoever arising out of their activities aboard the Vessels. 

 The United States Clerk of this Court is Ordered to deliver copies of this Order to the 

United States Marshal. 

 SO ORDERED AND ADJUDGED this the _31st _ day of March, 2006. 

/s Marsha J. Pechman

Judge Marsha J. Pechman 

Presented by: 

LANE POWELL PC 

By______________________________ 

 Katie Smith Matison, WSBA #20737 

 Charles R. Ekberg, WSBA #342 

Attorneys for Plaintiff 

Washington Mutual Bank, a federal 

association 

Case 2:06-cv-00105-MJP Document 68 Filed 03/31/06 Page 5 of 6
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251600.0046/1282573.1 

LANE POWELL PC

1420 FIFTH AVENUE, SUITE 4100 

SEATTLE, WASHINGTON 98101-2338 

206.223.7000 FAX: 206.223.7107 

STIPULATION AND ORDER - 6 

Case No. C06-0105 MJP 

HELSELL FETTERMAN LLP 

Scott Edward Collins, WSBA #18399 

Attorneys for Intervenor Plaintiffs 

Shoreside Petroleum Inc., Harbor 

Enterprises, Inc. dba Petro Marine Services 

HOLMES WEDDLE & BARCOTT 

John E. Casperson, WSBA #14292 

Attorney for Intervenor Plaintiffs Goldbelt 

Enterprises, Inc. and Cultural Preservation, 

Inc. 

GINSTER WEBB 

Anthony Joseph Ginster, WSBA #19310 

Gordon C. Webb, WSBA #22777 

Attorney for Intervenor Plaintiff Jeff Allen 

Approved by: 

UNITED STATES MARSHAL 

By______________________________ 

 Diana Ohashi 

Case 2:06-cv-00105-MJP Document 68 Filed 03/31/06 Page 6 of 6