Opinion
8:21-cv-00150-CEH-CPT
02-17-2021
In the Matter of SARASOTA YOUTH SAILING PROGRAM, INC., as owner of the Caribe I, a 2011 Caribe DL20 motor vessel bearing hull identification number EMDU0004K011 and Florida Registration FL 6031, together with its Engines, Tackle, Appurtenances, Equipment, & Etc., in a cause for Exoneration from or Limitation of Liability, Petitioner.
IN ADMIRALTY
MONITION
NOTICE is hereby given that Sarasota Youth Sailing Program, Inc. (Petitioner), as owner of a Caribe DL20 Motor Vessel (EMDU0004K011) (the Vessel), has filed a complaint pursuant to 46 U.S.C. §§ 30501-30512 and Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure seeking (1) exoneration from or limitation of its liability concerning any and all personal injury, property damage, destruction, or other losses occasioned by or arising out of the alleged incident occurring on or about November 21, 2020, as more fully described in the aforesaid complaint, for the reasons and causes in said complaint; and (2) praying that a Monition and Injunction for those reasons be issued, and that all persons or corporations claiming any and all personal injury, property damage, destruction, or other losses caused by or resulting from the alleged incident set forth in the complaint, be thereby cited to appear and file their respective claims with the Clerk of Court, and to make due process thereof and citing them to file their answers to the complaint and all the proceedings be had, if it shall appear that the Petitioner is not liable for any personal injury, property damage, destruction, or other losses, it may be so finally decreed by this Court;
WHEREFORE, the Petitioner has filed an Ad Interim Stipulation for Value, representing the value of the Petitioner's interest in the Vessel, that within thirty (30) days after the entry of an Order herein appraising the value of the Petitioner's interest in the Vessel, will pay the amount so fixed into the Court or will file with the Court a Stipulation for Value in the usual form and with approved security;
WHEREFORE, the Court has ordered that said Ad Interim Stipulation for Value is approved and shall stand as security for all claims against the Petitioner and the Vessel in this proceeding and whereas this Court has ordered that the Monition issues out of and under the seal of the Court against all persons claiming damages for any loss, damage, or injury arising out of or occurring on or about November 21, 2020, as more fully described in the aforesaid complaint, citing them to appear before and to file their claims with the Clerk of Court in writing, and serve copies thereof upon the Petitioner's attorneys and direct that any such persons, or their personal representatives, claiming damages as aforesaid who shall desire to contest the Petitioner, shall answer said complaint; and
WHEREFORE, the Petitioner and the Vessel seek protection against suit outside of this limitation proceeding as permitted by 46 U.S.C. §§ 30501-30512, and Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims, and the Court having granted an injunction against such suits.
ACCORDINGLY, all persons or corporations having claims arising out of the events mentioned above and as more particularly described in the complaint must present them as provided in Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure, to the Clerk of Court, United States District Court for the Middle District of Florida, located at 801 North Florida Avenue, Tampa, FL 33602 and serve on or mail copies thereof to the Petitioner's attorneys, David N. Gambach and Evan S. Gutwein of Hamilton, Miller, & Birthisel, LLP, 150 Southeast Second Avenue, Suite 1200, Miami, Florida 33131 on or before April 30, 2021 , or be defaulted. Personal attendance is not required.
Any claimant desiring to contest the allegations of the complaint shall file and serve on Petitioner's counsel an answer to the complaint on or before the aforesaid date, unless the claim includes an answer so designated, or be defaulted.