Opinion
3:22-cv-08221-JJT
12-29-2022
ADMIRALTY RULE 9(h)
NOTICE TO CLAIMANTS
PLEASE TAKE NOTICE, to anyone claiming loss, injury, damages, or destruction allegedly caused by the 2009 Yamaha Wave Runner VX personal watercraft, with the Hull Identification Number YAMA1092B909 (“Vessel”) owned by Petitioner Bullhead & Laughlin Jet Skis, LLC (“Petitioner”), within the Limitation of Liability Act:
1. Petitioner has filed a Complaint in the United States District Court, District of Arizona, Prescott Division, seeking exoneration from and/or limitation of liability, for itself as owner of the Vessel, and for its agents and employees, including, but not limited to, Edward Washington, allegedly caused by an incident that occurred on April 3, 2021 in or near Bullhead City, Mohave County, Arizona.
2. This Notice shall serve as official notice to all potential claimants that all claims must be filed with the Clerk of this Court no later than 120 days after the date of this notice.
3. All claims shall specify the facts upon which the claimant relies, the items of the claim, and the dates on which the claim accrued.
4. All claims shall be served to the undersigned counsel no later than 120 days after the date of this notice to the following address: Elizabeth S. Fitch, RIGHI FITCH LAW GROUP, P.L.L.C., 2999 North 44th Street, Suite 215, Phoenix, Arizona 85018. Email: beth@righilaw.com.
5. Any person who fails to make a claim as set forth above is forever prohibited from making any such claims. Further, any claimant desiring to contest the right of Petitioner's and/or its agents' and employees' exoneration and/or limitation of liability, including, but not limited to, that of Edward Washington, must file and serve an Answer to Petitioner's Complaint.
6. Furthermore, any and all potential claimants are hereby given notice that the Court has enjoined the prosecution of any other action arising out of the alleged April 3, 2021 incident, and all claims shall be filed and prosecuted in this exoneration/limitation of liability proceedings. Any and all other claims in any other court shall terminate.
WITNESSED, the Clerk of this Court of the United States District Court for the District of Arizona, this__day of__, 202_.