[Docket No. 99] 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

CAMDEN VICINAGE 

UTSCH’S MARINA, INC., 

Plaintiff, Civil No. 11-4056 (RMB/JS) 

v. ORDER

MOTOR VESSEL, "POPS WAY", A 

1976 26' PENN YAN, BEARING HULL 

ID NUMBER PYB26144M75G & 

REGISTRATION NUMBER NJ4159AK, 

HER ENGINE, TACKLE, APPAREL & 

HER APPURTENANCES IN REM, et 

al., 

Defendants. 

THIS MATTER having come before the Court on the Motion 

of Plaintiff, UTSCH’S MARINA, INC., for a Default Judgment 

against the defaulting Defendants in this matter; and 

THE COURT NOTING that Plaintiff seeks in custodia 

legis expenditures, the unsatisfied balance of maritime 

liens after deducting the value of the winning Marshals’ 

sale price or credit bid, service of process costs split 

proportionately among each vessel owner, and prejudgment 

interest; and 

THE COURT FURTHER NOTING that Plaintiff also seeks an 

award of attorney’s fees and legal costs of a sum totaling 

$65,410.57; and 
THE COURT FINDING that Plaintiff has adequately 

demonstrated justification for an award of the in custodia 

legis expenditures, the unsatisfied balance of maritime 

liens after deducting the value of the winning Marshals’ 

sale price or credit bid, service of process costs split 

proportionately among each vessel owner, and prejudgment 

interest. See Utsch's Marina, Inc. v. Motor Vessel, No. 

09-5848, 2011 U.S. Dist. LEXIS 4934 (D.N.J. Jan. 18, 2011); 

and 

THE COURT FURTHER FINDING that the amount to be 

awarded against the individual Defendants is unclear as the 

calculations vary on pages 2 versus 13-14 of Plaintiff’s 

memorandum in support of default judgment and different 

amounts are presented in Plaintiff’s proposed Order as to 

some Defendants; and 

THE COURT FURTHER NOTING that "[a]s a general matter, 

attorneys' fees are not available in admiralty cases unless 

the court determines in its equitable discretion that one 

party has acted in bad faith," Sosebee v. Rath, 893 F.2d 

54, 56 (3d Cir. 1990); see Madeja v. Olympic Packers, 

L.L.C., 310 F.3d 628, 635 (9th Cir. 2002) ("The equitable 

grant of attorney's fees is appropriate in admiralty only 

when the ship owner acted arbitrarily, recalcitrantly, or 

unreasonably."); Templeman v. Chris Craft Corp., 770 F.2d 
245, 250 (1st Cir. 1985) ("Under admiralty law, a court has 

inherent power to assess attorneys' fees when a party has 

acted in bad faith, vexatiously, wantonly, or for 

oppressive reasons." (citation and internal quotation marks 

omitted)); and 

THE COURT FINDING that although Defendants did not 

make proper payments or appear in this case, no evidence 

demonstrates the bad faith or vexatiousness necessary to 

warrant an award of attorney's fees and costs, expenses 

that are generally assumed by each respective party; and 

THE COURT FURTHER FINDING that Plaintiff does not 

point to any other legal authority that would justify an 

award of attorney's fees and costs in this case, and 

Plaintiff's request for attorney's fees and legal costs 

should be denied. See Utsch's Marina, Inc. v. Motor Vessel, 

No. 09-5848, 2011 U.S. Dist. LEXIS 4934 (D.N.J. Jan. 18, 

2011)(denying an award of attorneys fees under similar 

circumstances); 

ACCORDINGLY, IT IS HEREBY on this 20th day of December 

2013, 

ORDERED that Judgment be entered in favor of the 

Plaintiff UTSCH’S MARINA, INC. and against the defaulting 

Defendants in an amount to be determined; and it is further 

ORDERED that Plaintiff file supplemental papers on the 
docket within thirty (30) days of this Order providing 

correct and consistent calculations representing 

an award of the in custodia legis expenditures, the 

unsatisfied balance of maritime liens after deducting the 

value of the winning Marshals’ sale price or credit bid, 

service of process costs split proportionately among each 

vessel owner, and prejudgment interest; and it is further 

ORDERED that Plaintiff’s request for an award of 

attorney’s fees and costs is DENIED. 

s/Renée Marie Bumb 

 RENÉE MARIE BUMB 

 United States District Judge