Opinion
2:23-cv-480-SPC-KCD
07-06-2023
MARK ENGLISH, as owner of the 2009 Formula 370 Super Sport HIN TNRD7738K809 Its Engines, tackle, Appurtenances, Equipment, etc., in a cause of exoneration from or limitation of liability, Plaintiff, v. POTENTIAL UNKNOWN CLAIMANTS, Defendant.
ORDER
Before the Court is Plaintiff's Motion to Approve Ad Interim Stipulation and Enter Monition and Injunction. (Doc. 3.) Plaintiff filed a Complaint for Exoneration from or Limitation of Liability regarding a 2009 Formula 370 Super Sport (the “Vessel”), bearing Hull Identification No. TNRD7738K809, pursuant to 46 U.S.C. § 30501, et seq. and Supplemental Rule F, for damages, injuries, or fatalities caused by or resulting from an incident occurring on or about September 28, 2022, in the navigable waters of Lee County, Florida (the “Complaint”) (Doc. 1.)
The Complaint states the value of Plaintiff's interest in the Vessel at the time of the incident was $0.00. (Doc. 1.) Plaintiff has filed a Declaration of Value from Michael G. Murray, a special lien claims manager for Progressive American Insurance Company, declaring that the value of the vessel at the time of the incident was $0.00. (Doc. 1-1.)
The Motion (Doc. 3) is GRANTED and if is hereby ORDERED:
1. The Court approves the ad interim stipulation regarding the value of the Vessel, in the amount of $0.00, with Plaintiff subject to such increases or decreases in the amount of such ad interim stipulation, together with adequate surety, as the Court may from time-to-time order according to the rules and practices of this Court.
2. That if the amount of said ad interim stipulation is not contested by any claimant herein, the ad interim stipulation shall stand as a stipulation for value and an appraisal by a Commissioner will not be required.
3. That if the amount of said ad interim stipulation is contested, any party, including Plaintiff, may move to have the amount of said ad interim stipulation increased or decreased, as the case may be, on the filing of the report of the Vessel appointed to appraise the amount or value of Plaintiff's interest in the Vessel and its pending freight, if any, or upon the ultimate determination by the Court on exceptions to the Commissioner's report.
4. The Clerk is DIRECTED to issue the attached notice of monition to all persons asserting claims with respect to which the Complaint seeks exoneration or limitation, admonishing them to file their respective claims with the Clerk of the Court in writing, and to serve on the attorneys for the Plaintiff a copy thereof on or before August 7, 2023, or be defaulted, and if any claimant desires to contest either the Plaintiff's right to exoneration from or the right to limitation of liability, any such claimant(s) shall file and serve on Plaintiff's attorneys an answer to the Complaint, on or before said date, unless his claim has included an answer to the Complaint, so designated, or be defaulted.
5. Publication of the aforesaid notice in the form required by Supplemental Rule F(4) be published in a newspaper of general circulation in the Lee County area once a week for four (4) successive weeks prior to the date fixed for the filing of claims, and copies of the notice shall also be mailed in accordance with Supplemental Rule F.
6. The commencement or further prosecution of any and all actions or proceedings against Plaintiff, the Vessel, or other property of Plaintiff with respect to any claims for which Plaintiff seeks exoneration from or limitation of liability herein, including any claim arising out of, or incident to, or connected with any loss, damage, injury, death or destruction, more fully described in the Complaint, be and they are hereby restrained, stayed, and enjoined until the hearing and determination of this action.
7. Service of this Order as a restraining order may be made through the Post Office by mailing a confirmed copy thereof to the person or persons to be restrained, or to their respective attorneys, or alternatively, by hand delivery.