Opinion
CIVIL ACTION NO. 01-896 SECTION "C" (4)
April 17, 2002
MINUTE ENTRY
This matter comes before the Court on motion to lift automatic stay filed by claimants Belinda Stipelcovich and Bethany Tobin, individually and as next friend of Thomas C. Tobin and Nicholas A. Tobin. Having considered the record, the memoranda of counsel and the law, the Court has determined that the motion should be granted for the following reasons.
The petitioner, Delta Towing, L.L.C. ("Delta"), filed this action under 46 U.S.C. § 181, et seq, seeking limitation of liability resulting from an accident on March 31, 2001, and the subsequent death of Thomas Tobin on April 1, 2001. The movers, the decedent's mother and estate, are the only claimants. They move for lifting of the automatic stay imposed when this suit was filed on April 4, 2001, so that they may pursue their common law remedies in state court.
Delta originally opposed lifting the stay with two related arguments. First, it argued that proposed stipulation does not indicate where the claimants intend to file suit, and secondly it argued that it has an outstanding motion to compel claimant Bethany Tobin to disclose whether any state court proceedings have been filed. The record reflects that counsel resolved the issues pertaining to the motion to compel, which was denied as moot. (Rec. Doc. 24).
The Court notes that the petitioner obtained a stay against filing any suit within three days of the subject death, so that the claimants have been virtually prohibited from filing suit in state court.
The Court has contacted counsel for Delta, who agrees that the only remaining objection it has to lifting the stay concerns identification of the alternative forum. It has also contacted counsel for claimants, who advise that they intend to jointly file a law suit in state court. Under these circumstances, the Court finds that it should exercise its discretion in favor of lifting the stay.
Accordingly,
IT IS ORDERED that the motion to lift automatic stay filed by claimants Belinda Stipelcovich and Bethany Tobin, individually and as next friend of Thomas C. Tobin and Nicholas A. Tobin is GRANTED.