Ramirez v. Roy V. Savage Ltd.

MEMORANDUM OPINION

(December 18, 2007)

THIS MATTER is before the Court on Defendant Festus Pemberton’s “Motion to Vacate Default, March 19, 2004 Judgment by Default or, in the alternative, to Release Attachment and/or Stay Marshal’s Sale.” Upon review and consideration of Defendant’s Motion, Plaintiff’s Opposition, and Defendant’s Reply to Plaintiff’s Opposition, the Motion will be denied based upon the reasons set forth below.

I. FACTUAL AND PROCEDURAL BACKGROUND

On December 6, 1997, a motor vessel owned by Roy V. Savage Ltd. and operated by Festus Pemberton docked on the waterfront in Charlotte…