Bergen v. F/V ST. PATRICK

MEMORANDUM AND ORDER

von der HEYDT, District Judge.

THIS CAUSE comes before the court on appeal from Magistrate Roberts’ Orders filed October 30, 1987, and July 22, 1987, and on plaintiffs’ second motion for order directing assignment, filed December 21, 1987. The court agrees with plaintiffs’ substantive position but adopts defendant Wilson’s view as to procedure. The court will affirm the Magistrate’s orders on grounds different from those advanced by the Magistrate and will deny the pending motion.

Plaintiffs hold a largely unsatisfied $7.4 million judgment against defendant Wilson for the…