Case 3:07-cv Document 81 Filed in TXSD on 02/07/08 Page 1 of 6

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1 Case 3:07-cv Document 81 Filed in TXSD on 02/07/08 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION MAJESTIC VENTURES, INC., MAJESTIC DINNER CRUISES, INC., CHRISTINA WHITE, AND JOHN LITCHFIELD Plaintiffs, vs. C.A. No. G IN ADMIRALTY, Rule 9(h) M/V SENSATION, her equipment and appurtenances, in rem, Defendant COMMUNITY CREDIT UNION, CAPITAL CERTIFIED DEVELOPMENT CORP., AND THE SMALL BUSINESS ADMINISTRATION, Intervenors vs. M/V SENSATION, her equipment and appurtenances, in rem, YACHT-A-FUN, INC., a Delaware Corporation, JAMES E. YOKLEY, MAJESTIC VENTURES, INC. MAJESTIC DINNER CRUISES, INC., and JOHN LITCHFIELD Defendants PLAINTIFF/INTERVENOR-DEFENDANTS ANSWER TO COMPLAINT IN INTERVENTION OF COMMUNITY CREDIT UNION Plaintiff/Intervenor-Defendants, Majestic Ventures, Inc., Majestic Dinner Cruises, Inc., and John Litchfield (hereinafter collectively the Majestic Parties ), by way of Answer to the Complaint in Intervention filed by Community Credit Union ( CCU ), as representative of Capital Certified Development Corporation ( CCDC ) and The Small Business Administration ( SBA ), say: 1

2 Case 3:07-cv Document 81 Filed in TXSD on 02/07/08 Page 2 of 6 COUNT 1 I. Regarding the allegations contained in Paragraph I, they are without knowledge or information sufficient to form a belief as to the truth of the organization and existence of CCU. They admit CCDC and the SBA have entered into an agreement with CCU as therein alleged. They are without knowledge or information sufficient to form a belief as to the truth of the remainder of the allegations contained on Paragraph I. II. Regarding the allegations contained in Paragraph II, they admit that the M/V Sensation is a U.S. flagged vessel, having Official No with the National Vessel Documentation Center, and has been ordered shifted to Galveston County, Texas. III. Regarding the allegations contained in Paragraph III, they admit that the owner of the M/V Sensation is listed in its documentation with the National Vessel Documentation Center as Yacht- A-Fun, Inc., which is listed as a Delaware corporation thereon. The Majestic Parties admit that Yachts-A- Fun, Inc., is a Delaware corporation and that its president, James E. Yokley, may be served at the stated address. However, the Majestic Parties are without knowledge or information sufficient to form a belief as to whether Yachts-A-Fun, Inc. is currently the operator of the M/V Sensation. The Majestic Parties admit the allegations contained in Paragraph IV. IV. 2

3 Case 3:07-cv Document 81 Filed in TXSD on 02/07/08 Page 3 of 6 V. Regarding the allegations contained in Paragraph V, they admit that the M/V Sensation is and was owned by Yachts-A-Fun, Inc., a Delaware corporation, but are without knowledge or sufficient information to form a belief as to whether Yacht-A-Fun, Inc., is either the current owner or the previous owner of such vessel. The Majestic Parties are further without knowledge or information sufficient to form a belief as to who is currently the operator of such vessel, but deny that such vessel was operated by either Yacht-A-Fun, Inc. or Yachts-A-Fun, Inc., during the period from on or about June 1, 2005, until October 31, VI. Regarding the allegations contained in Paragraph VI, they admit that CCU and the SBA are in the businesses of loaning money to business and individuals, and making loans to purchase documented vessels. Majestic Parties are without knowledge or information sufficient to form a belief as to the truth of the remainder of the allegations contained in Paragraph VI. VII. They are without knowledge and information sufficient to form a belief as to the truth of the allegations contained on Paragraph VII. VIII. They are without knowledge and information sufficient to form a belief as to the truth of the allegations contained in Paragraph VIII. 3

4 Case 3:07-cv Document 81 Filed in TXSD on 02/07/08 Page 4 of 6 COUNT 2 IX. The Majestic Parties incorporate their responses to Paragraphs I through VIII in response to the allegations in this Paragraph IX. X. The Majestic Parties admit they and Plaintiff Christina White initiated this lawsuit to impose a maritime lien upon the M/V Sensation for services rendered such vessel, but in all other particulars deny the allegations of this Paragraph X. XI. The first sentence of Paragraph XI requires neither an admission nor a denial since it seeks a legal remedy only, but to the extent that such is required, the Majestic Parties deny same. Additionally, the Majestic defendants deny the remainder of this Paragraph XI. XII. The Majestic Parties deny that either they, the M/V Sensation, Yacht-A-Fun, Inc., or James E. Yokley are claiming a preferred maritime lien for future services to be provided to Yacht-A-Fun, Inc. Additionally, the Majestic Parties deny that Yacht-A-Fun, Inc., is a Delaware corporation. The last sentence of Paragraph XII does not require either an admission or denial by the Majestic Parties since it seeks only a legal remedy; however, to the extent that such sentence does require a response, the Majestic Parties deny same. XIII. The first sentence of Paragraph XIII requires neither a admission or a denial since it merely seeks a legal remedy; however, to the extent that an answer is required, the Majestic Defendants deny 4

5 Case 3:07-cv Document 81 Filed in TXSD on 02/07/08 Page 5 of 6 that Intervenor, CCU, as representative of CCDC and the SBA, is entitled to the declaration sought therein. Moreover, while the Majestic Parties admit that claims made herein pursuant to that certain Management Agreement attached as Exhibit 4 to the Verified Amended Complaint were in part the subject of a settlement agreement in Cause No. 06-CV-1061, Majestic Dinner Cruises, et al. v. th Yachts-A-Fun, Inc., et al., in the 10 Judicial District Court of Galveston, County, Texas, they deny that such settlement agreement resulted in an accord and satisfaction, and that any claims arising under the fact situation made the basis of that state court litigation were resolved by that settlement agreement. XIV. Paragraph XIV requires neither a admission or a denial since it merely seeks a legal remedy; however, to the extent that an answer is required, the Majestic Defendants deny that Intervenor, CCU, as representative of CCDC and the SBA, is entitled to the declaration sought therein. WHEREFORE, the Majestic Parties pray for judgment in their favor against the M/V Sensation on the basis of their maritime liens asserted in this litigation, and that such claims be found to have primed the mortgage of Community Credit Union on said vessel. Respectfully submitted, /s/ John A. Schmidt John A. Schmidt Federal ID No Mechanic, Suite 220 Galveston, Texas Telephone (409) Facsimile (409) jschmidt@mbdlegal.com Attorney in charge for Plaintiff/Intervenor- Defendants, Majestic Ventures, Inc., Majestic Dinner Cruises, Inc., and John Litchfield 5

6 Case 3:07-cv Document 81 Filed in TXSD on 02/07/08 Page 6 of 6 Of counsel: McFatridge, Baker & Schmidt, P.C Mechanic, Ste. 220 Galveston, TX Phone: Fax: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff/Intervenor-Defendant s Answer to the Complaint in Intervention of Community Credit Union, as representative of Capital Certified Development Corporation and The Small business Administration, has been forwarded to all known counsel of record and interested parties in the appropriate manner on this the 7th day of February, /s/ John A. Schmidt John A. Schmidt James E. Yokley 2622 Turning Row Lane Missouri City, Texas Yachts-A-Fun, Inc South Shore Blvd., Ste. C League City, TX VIA VIA CMRRR xxxxxxx Community Credit Union VIA Capital Certified Development Corp. The Small Business Administration c/o Michael B. Hughes McLeod, Alexander, Powel & Apffel, P.C. 802 Rosenberg P.O. 629 Galveston, TX