GB CAPITAL HOLDINGS LLC v. 1977 27 598405 (2020)

MEMORANDUM **

Jeffrey Glenn Heston appeals pro se from the district court’s January 22, 2019 order granting plaintiff GB Capital Holdings, LLC’s (“GB Capital”) motion for an order of sale of the sailing vessel Glori B in GB Capital’s admiralty action in rem. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s conclusions of law and for clear error the district court’s findings of fact. Crowley Marine Servs. v. Maritrans, Inc., 530 F.3d 1169, 1173 (9th Cir. 2008). We review de novo the district court’s interpretation of the Supplemental Admiralty and Maritime Claims Rules. United States v. $11,500.00 in U.S. Currency, 710 F.3d 1006, 1010 (9th Cir. 2013). We affirm.

The district court did not err by granting GB Capital’s motion for an order of sale because it properly concluded that GB Capital had met the requirements of Supplemental Rule E(9)(a) and its factual findings were not clearly erroneous. See Fed. R. Civ. P. Supp. R. E(9)(a)(i)(A)-(C) (the court may order all or part of the property sold if the property is liable to deterioration by being detained in custody pending the action, the expense of keeping the property is excessive or disproportionate, or there is unreasonable delay in securing release of the property).

We reject as meritless Heston’s contentions regarding the district court’s alleged lack of subject matter jurisdiction.

Heston’s motion for judicial notice (Docket Entry No. 22) is denied.

GB Capital’s request for sanctions, set forth in the answering brief, is denied.

AFFIRMED.