Opinion
21-cv-1821-MMA (LL)
12-02-2022
IN RE THE COMPLAINT OF RUSSELL COREY ROBERTS FOR EXONERATION FROM, OR LIMITATION OF, LIABILITY
ORDER DIRECTING THE CLERK OF COURT TO ENTER DEFAULT [DOC. NO. 8]
HON. MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE.
Plaintiff-in-Limitation Russell Corey Roberts (“Plaintiff-in-Limitation”), owner of a certain 1989 Four Winns Boats 22' Runabout bearing the Hull Identification Number 4WNML144D989, and her engines, tackle, appurtenances, etc. filed a Complaint on October 26, 2021 pursuant to the Limitation of Liability Act, 46 U.S.C. §§ 30501-30512. See Doc. No. 1. Plaintiff-in-Limitation now seeks the entry of default and default judgment against all possible claimants, known and unknown, including Anthony Javier Diaz, who did not file and serve their claims and answers on or before December 3, 2021, with the exception of potential claimants Dakari Kennedy, Daylen Kennedy, Onisika Kennedy, and DaNaya Tarver. See Doc. No. 8.
Having reviewed Plaintiff's counsel's declaration in support of the motion, see Doc. No. 8-1, and proof of publication, see Doc. No. 8-2, the Court GRANTS the request and DIRECTS the Clerk of Court to enter default pursuant to Federal Rule of Civil Procedure 55(a) against all possible claimants, known and unknown, including Anthony Javier Diaz, who have not filed and served their claims and answers, with the exception of potential claimants Dakari Kennedy, Daylen Kennedy, Onisika Kennedy, and DaNaya Tarver. The Court will issue a separate Order on Plaintiff-in-Limitation's motion for default judgment in due course.
IT IS SO ORDERED.