Cap One, Inc. v. MV Sierra Rose

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 CAP ONE, INC., No. 2:19–CV-01911 TLN CKD Plaintiff, FINDINGS AND RECOMMENDATIONS v. (ECF No. 27) MV SIERRA ROSE, et al., Defendants. 16 17 Plaintiff Cap One, Inc., moves the court for default judgment in rem against defendants MV Sierra Rose (“the Vessel”) and Sierra Rose LLC, the owner of the Vessel. (ECF No. 27.) By this motion, plaintiff seeks foreclosure and sale of the Vessel to satisfy the preferred mortgage in default. Plaintiff further requests an award of costs and attorneys’ fees. The motion is unopposed. This matter was deemed appropriate for decision without oral argument. I. BACKGROUND Plaintiff and Aroy LLC, as “Lenders,” and defendant, Sierra Rose LLC,1 entered into a financing agreement for the construction of the Vessel by the terms of which the Lenders would advance funds as needed for the construction of the Vessel up to the amount of four million 27 1 Further unspecified references to “defendant”…